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24.189.2314    RELATIONSHIPS

(1) In regard to multiple relationships, a licensee:

(a) shall not undertake or continue a defined professional relationship with a client when the objectivity of the licensee is impaired because of present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person directly associated with or related to the client.

(2) In regard to sexual relationships, a licensee:

(a) shall not accept as clients persons with whom they have engaged in sexual intimacies;

(b) shall not engage in sexual intimacies with current clients;

(c) shall not engage in sexual intimacies with a former client for at least two years after termination of professional services. The licensee who engages in such activity after the two years following termination of professional services bears the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including:

(i) the amount of time that has passed since professional services terminated;

(ii) the nature and duration of the professional services;

(iii) the circumstances of termination;

(iv) the client's personal history;

(v) the client's current mental status;

(vi) the likelihood of adverse impact on the client; and

(vii) any statements or actions made by the licensee during the defined professional relationship suggesting or inviting the possibility of post termination sexual or romantic relationship with the client.

(3) In regard to bartering, the licensee:

(a) shall not participate in bartering if the relationship is clinically contraindicated or exploitative;

(b) shall not engage in bartering unless fair market value is used for goods or services bartered.

History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282.

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