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24.219.2301    UNPROFESSIONAL CONDUCT FOR SOCIAL WORKERS

(1) Any violation of this rule constitutes unprofessional conduct.

(2) A licensee shall not:

(a) Misrepresent the type or status of license held by the licensee.

(b) Intentionally cause physical or emotional harm to a client.

(c) Misrepresent or permit the misrepresentation of his or her professional qualifications, affiliations or purposes.

(d) Accept as clients persons with whom he or she has engaged in sexual contact.

(e) Engage in sexual contact or a romantic relationship with current clients.

(f) Engage in sexual contact with a former client, unless the licensee who engages in such activity following termination of professional services demonstrates 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 a post-termination sexual or romantic relationship with the client.

(g) Perform or hold himself or herself out as able to perform professional services beyond his or her field or fields of competence as established by his or her education, training and/or experience.

(h) Permit a person under his or her supervision or control to perform or permit such person to hold himself or herself out as competent to perform professional services beyond the level of education, training and/or experience of that person.

(i) Prior to the commencement of treatment, fail to disclose to the counselee, or prospective counselee, the fee to be charged for the professional services, or the basis upon which such fee will be computed.

(j) 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.

(k) 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.

(l) Falsify or misrepresent a record of supervision submitted in connection with an application for licensure.

History: 37-1-131, 37-1-319, 37-22-201, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, MCA; NEW, 1989 MAR p. 755, Eff. 6/16/89; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09.

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