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24.219.2309    UNPROFESSIONAL CONDUCT FOR MARRIAGE AND FAMILY THERAPISTS

(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) have sexual relations with a client, solicit sexual relations with a client, or to 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;

(e) engage in sexual acts with a client or with a person who has been a client within the past 18 months. A licensee shall not provide marriage and family therapy services to a person with whom the licensee has had a sexual relation at any time;

(f) engage in sexual contact or a romantic relationship with current clients;

(g) engage in sexual contact with a former client. The licensee who engages in such activity 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 a post termination sexual or romantic relationship with the client.

(h) 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;

(i) 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;

(j) 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;

(k) 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 create or increase 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;

(l) 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; or

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

History: 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA; IMP, 37-1-131, 37-1-136, 37-1-316, 37-37-101, MCA; NEW, 2011 MAR p. 2158, Eff. 10/14/11.

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