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24.219.2301    UNPROFESSIONAL CONDUCT FOR SOCIAL WORKERS

(1) Violation of any of the following constitutes unprofessional conduct:

(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 social work services to a person with whom the licensee has had a sexual relation at any time.

(f) 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.

(g) 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.

(h) 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.

History: 37-1-131, 37-1-319, 37-22-201, MCA; IMP, 37-1-306, 37-22-201, 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.

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