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8.11.120    UNPROFESSIONAL CONDUCT

The licensed addiction counselors program defines unprofessional conduct as follows:

(1) having sexual relations with a client, a client's family member, a client's household member or other persons with whom a client has had a significant relationship within two years after termination of services to that client;

(2) soliciting sexual relations, committing an act of sexual misconduct or committing a sexual offense with a client or former client;

(3) soliciting or undertaking sexual relations with the client of another counselor employed in the same program;

(4) recklessly or carelessly causing physical or emotional harm to a client;

(5) providing unnecessary or unneeded services, or providing services for longer than necessary, or abandoning a client;

(6) providing professional counseling services to members of the counselor's own family, household members, friends or close associates or any person with whom the counselor has had a previous sexual relationship;

(7) interfering with or encouraging termination of any legitimate personal relationship of a client, or interfering with a therapeutic relationship of another counseling professional;

(8) recommending a client discontinue prescribed medication, or failure to provide a supportive environment for a client who is receiving prescribed medication;

(9) failing to make an appropriate referral of a client to another professional when requested to do so by the client, or when the problem of the client is beyond the training, experience or competence of the counselor;

(10) failing to disclose to the client, or prospective client, the fee to be charged for the professional services, or the basis upon which such fees will be computed;

(11) failing to keep the client informed as to the purpose and nature of any evaluation, treatment or other procedures, and of the client's right to freedom of choice regarding services provided;

(12) accepting gifts or gratuities of significant monetary value or borrowing money from a client or former client within two years after termination of services;

(13) misrepresenting the types or status of certification by performing or holding oneself out as able to perform professional services beyond the counselor's field of competence, or outside the scope of the certificate, or delegating professional responsibilities to a person not appropriately qualified to provide such services;

(14) committing any dishonest, corrupt or fraudulent act which is substantially related to the qualifications, functions or duties of the certificate or any act that exploits a client;

(15) discriminating against or refusing professional services to anyone on the basis of race, color, gender, religion, national origin, disability, sexual orientation or any basis prohibited by law;

(16) conviction of any felony;

(17) conviction of driving while under the influence of alcohol or drugs (DUI) , or criminal possession of dangerous drugs at any time after issuance of a certificate, and within the two years preceding an application for certificate;

(18) failing to comply with federal rules and regulations regarding client's rights of confidentiality, throughout the course of treatment and following termination of services;

(19) using mood altering chemicals in a manner adversely affecting work performance, effectiveness, credibility or professional integrity;

(20) committing a fraudulent act or providing false information in billing insurance companies or other third-party payers, or the exchange of compensation for referral of clients;

(21) providing false or misleading information or documentation in the certification application, or in submission of continuing education information.

History: 37-1-319, 37-35-103, MCA; IMP, 37-1-316, 37-1-319, MCA; NEW, 1998 MAR p. 1914, Eff. 7/17/98.

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