Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.219 - BOARD OF BEHAVIORAL HEALTH › Subchapter 24.219.23 - Unprofessional Conduct › Rule 24.219.2301 - UNPROFESSIONAL CONDUCT AND CODE OF ETHICS - LCSW, LMSW, LBSW, LCPC, LMFT, LAC, CBHPSS, AND LCSW, LMSW, LBSW, LCPC, LMFT, AND LAC CANDIDATES

Current through Register Vol. 13, July 5, 2024
(1) In addition to the provisions of
				37-1-316, MCA, the following are
				unprofessional conduct.
(2) A
				licensee shall not:
(a) fail to respond to
				board inquiry or furnish information requested by the board, department
				investigators, or board representatives;
(b) commit any of the following boundary
				violations:
(i) provide services to a person
				with whom the licensee has had sexual contact at any time;
(ii) engage in or solicit sexual relations
				with a client or commit an act of sexual misconduct or a sexual offense if such
				act, offense, or solicitation is substantially related to the qualifications,
				functions, or duties of the licensee;
(iii) engage in sexual contact with a former
				client, within two years following termination of professional services. After
				two years, the licensee who engages in such activity following termination of
				professional services must demonstrate that there has been no exploitation, in
				light of all relevant factors, including:
(A)
				the amount of time that has passed since professional services
				terminated;
(B) the nature and
				duration of the professional services;
(C) the circumstances of termination;
(D) the client's personal history;
(E) the client's current mental
				status;
(F) the likelihood of
				adverse impact on the client; and
(G) any statements or actions made by the
				licensee during the defined professional relationship suggesting or inviting
				the possibility of a post-termination sexual or romantic relationship with the
				client;
(iv) solicit or
				engage in a sexual or intimate relationship with a client, a supervisee,
				client's family member, a client's household member, or other persons with whom
				a client has had a significant relationship;
(v) soliciting or engaging in sexual
				relations with the client of another licensee employed in the same program
				providing services;
(vi) condone or
				engage in sexual or other harassment;
(vii) engage in a dual relationship with a
				client or former client if the dual relationship has the potential to
				compromise the client's well-being, impair the licensee's objectivity and
				professional judgment, or creates or increases the risk of exploitation of the
				client. If a dual relationship arises as a result of unforeseeable and
				unavoidable circumstances, the licensee shall promptly take appropriate
				professional precautions. Appropriate professional precautions must ensure that
				the client's well-being is not compromised and that no exploitation occurs and
				should include consultation, supervision, documentation, or obtaining written
				informed consent of the client;
(viii) terminate a professional relationship
				for the purpose of beginning a personal or business relationship with a client;
(ix) participate in bartering,
				unless bartering is considered to be essential for the provision of services,
				negotiated without coercion, and entered into at the client's initiative and
				with the client's informed consent. Licensees who accept goods or services from
				clients as payment for professional services assume the full burden of
				demonstrating that this arrangement will not be detrimental to the client or
				the professional relationship;
(x)
				accept gifts or gratuities of significant monetary value or borrow money from a
				client or former client within two years after termination of services, except
				when this is a culturally accepted practice;
(xi) interfere with or encourage termination
				of any legitimate personal relationship of a client, or interfere with a
				therapeutic relationship of another professional;
(c) intentionally, recklessly, or carelessly
				cause physical or emotional harm to a client;
(d) divide a fee or accept or give anything
				of value for receiving or making a referral;
(e) exploit, as defined in ARM
				24.219.301, in any manner
				professional relationships;
(f)
				engage in conduct in the profession or occupation found to be a violation of
				the Montana Human Rights Act, Title 49, MCA;
(g) falsify, misrepresent, or fail to
				maintain supervision records as required by ARM
				24.219.422;
(h) fail to appropriately supervise a
				licensure candidate, CBHPSS, or individual requiring supervision to perform a
				sexual offender evaluation under
				37-1-139, MCA;
(i) recommend a client seek or discontinue
				prescribed medication, or fail to provide a supportive environment for a client
				who is receiving prescribed medication;
(j) engage in the practice when the
				licensee's license is inactive, has expired, is terminated, or has been
				suspended;
(k) violate federal or
				state law regulating the possession, distribution, or use of a controlled
				substance, as defined by Title 50, chapter 32, MCA;
(l) be convicted of driving while under the
				influence of alcohol or drugs (DUI), or criminal possession of dangerous drugs
				at any time after issuance of a license, and within the two years preceding an
				application for licensure;
(m)
				perform or supervise psychological assessments if not qualified to do so;
(n) perform or supervise parenting
				plan evaluations without specialized training, education, and experience in the
				areas of assessment of children and adults, child and family development, child
				and family psychopathology, and the impact of divorce on families; or
(o) practice independently as an LMSW or
				LBSW.