"Unprofessional conduct" includes:

1. (1) failing to supervise a therapeutic recreation technician, a student intern, or a temporarily licensed therapeutic recreation specialist when required to do so under this chapter or by rule;
2. (2) failing to keep or maintain a recreational therapy treatment plan;
3. (3) failing to safeguard a person's right to privacy as to the person's identity, condition, diagnosis, personal effects, or other matters about which the licensee is privileged to know from providing recreational therapy services;
4. (4) failing to report to the division the unsafe, unethical, or illegal practice of a person who is providing recreational therapy services;
5. (5) making sexual advances to a patient, requesting sexual intercourse or sexual favors from a patient, or engaging in other verbal or physical conduct of a sexual nature in the presence of a patient;
6. (6) exploiting a patient or former patient for personal gain;
7. (7) possessing or dispensing illegal or non-prescribed prescription drugs or medications;
8. (8) using or being under the influence of alcohol or an illegal or non-prescribed prescription drug or medication while performing recreational therapy services; and
9. (9) other actions as defined by division rule.

Enacted by Chapter 82, 2012 General Session