(1) A
person licensed, registered, or certified under this article 245 violates this article
245 if the person:
(a) Has been convicted of or pled guilty or nolo contendere to a felony or to
any crime related to the person's practice, or received a deferred sentence to a
felony charge. A certified copy of the judgment of a court of competent jurisdiction
of the conviction or plea is conclusive evidence of the conviction or plea. In
considering the disciplinary action, each board is governed by sections 12-20-202
(5) and 24-5-101.
(b) Has violated or attempted to violate, directly or indirectly, or assisted or
abetted the violation of, or conspired to violate any provision or term of this article
245, an applicable provision of article 20 or 30 of this title 12, a rule promulgated
pursuant to this article 245, or any order of a board established pursuant to this
article 245;
(c) Has used advertising that is misleading, deceptive, or false;
(d) (I) Has committed abuse of health insurance pursuant to section 18-13-119;
(II) Has advertised through newspapers, magazines, circulars, direct mail,
directories, radio, television, or otherwise that the person will perform any act
prohibited by section 18-13-119;
(e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or
a controlled substance, as defined in section 18-18-102 (5);
(f) (I) Fails to notify the board that regulates the person's profession of a
physical illness, physical condition, or behavioral, mental health, or substance use
disorder that affects the person's ability to treat clients with reasonable skill and
safety or that may endanger the health or safety of persons under his or her care;
(II) Fails to act within the limitations created by a physical illness, physical
condition, or behavioral, mental health, or substance use disorder that renders the
person unable to treat clients with reasonable skill and safety or that may endanger
the health or safety of persons under his or her care; or
(III) Fails to comply with the limitations agreed to under a confidential
agreement entered into pursuant to sections 12-30-108 and 12-245-223;
(g) (I) Has acted or failed to act in a manner that does not meet the generally
accepted standards of the professional discipline under which the person practices.
Generally accepted standards may include, at the board's discretion, the standards
of practice generally recognized by state and national associations of practitioners
in the field of the person's professional discipline.
(II) A certified copy of a malpractice judgment of a court of competent
jurisdiction is conclusive evidence that the act or omission does not meet generally
accepted standards of the professional discipline, but evidence of the act or
omission is not limited to a malpractice judgment.
(h) Has performed services outside of the person's area of training,
experience, or competence;
(i) Has maintained relationships with clients that are likely to impair the
person's professional judgment or increase the risk of client exploitation, such as
treating employees, supervisees, close colleagues, or relatives;
(j) Has exercised undue influence on the client, including the promotion of
the sale of services, goods, property, or drugs in such a manner as to exploit the
client for the financial gain of the practitioner or a third party;
(k) Has failed to terminate a relationship with a client when it was reasonably
clear that the client was not benefitting from the relationship and is not likely to
gain such benefit in the future;
(l) Has failed to refer a client to an appropriate practitioner when the
problem of the client is beyond the person's training, experience, or competence;
(m) Has failed to obtain a consultation or perform a referral when the failure
is not consistent with generally accepted standards of care;
(n) Has failed to render adequate professional supervision of persons
practicing pursuant to this article 245 under the person's supervision according to
generally accepted standards of practice;
(o) Has accepted commissions or rebates or other forms of remuneration for
referring clients to other professional persons;
(p) Has failed to comply with any of the requirements pertaining to
mandatory disclosure of information to clients pursuant to section 12-245-216;
(q) Has offered or given commissions, rebates, or other forms of
remuneration for the referral of clients unless the offer or remuneration was for
services provided, including marketing, office space, administrative, consultative,
and clinical services, and not for the referral itself. A licensee, registrant, or
certificate holder may pay an independent advertising or marketing agent
compensation for advertising or marketing services rendered on the person's behalf
by the agent, including compensation that is paid for the results of performance of
the services on a per-patient basis.
(r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as
defined in section 18-3-401, with a client during the period of time in which a
therapeutic relationship exists or for up to two years after the period in which a
therapeutic relationship exists;
(s) Has resorted to fraud, misrepresentation, or deception in applying for or
in securing licensure or taking any examination provided for in this article 245;
(t) Has engaged in any of the following activities and practices:
(I) Repeated ordering or performing demonstrably unnecessary laboratory
tests or studies without clinical justification for the tests or studies;
(II) The administration, without clinical justification, of treatment that is
demonstrably unnecessary;
(III) Ordering or performing any service or treatment that is contrary to the
generally accepted standards of the person's practice and is without clinical
justification;
(IV) Using or recommending rebirthing or any therapy technique that may be
considered similar to rebirthing as a therapeutic treatment. Rebirthing means the
reenactment of the birthing process through therapy techniques that involve any
restraint that creates a situation in which a patient may suffer physical injury or
death. For the purposes of this subsection (1)(t)(IV), a parent or legal guardian may
not consent to physical, chemical, or mechanical restraint on behalf of a child or
ward.
(V) Conversion therapy with a client who is under eighteen years of age;
(u) Has falsified or repeatedly made incorrect essential entries or repeatedly
failed to make essential entries on patient records;
(v) Has committed a fraudulent insurance act, as set forth in section 10-1-128;
(w) Has sold or fraudulently obtained or furnished a license, registration, or
certification to practice as a psychologist, social worker, marriage and family
therapist, licensed professional counselor, psychotherapist, or addiction counselor
or has aided or abetted in those activities; or
(x) Has failed to respond, in the manner required by the board, to a complaint
filed with or by the board against the licensee, registrant, or certificate holder.
(1.5) Any contract entered into by a licensee, certificate holder, or registrant
for the purpose of marketing, office space, administrative support, or any other
overhead expense shall not provide remuneration for referrals of clients or patients
or otherwise create a financial benefit or incentive to the contractor that is tied to
or conditioned on the number of clients or patients that the licensee, certificate
holder, or registrant sees, the value of the services that the licensee, certificate
holder, or registrant provides, or any financial recovery to which the licensee,
certificate holder, or registrant is entitled.
(2) A disciplinary action relating to a license, registration, or certification to
practice a profession licensed, registered, or certified under this article 245 or any
related occupation in any other state, territory, or country for disciplinary reasons
constitutes prima facie evidence of grounds for disciplinary action, including denial
of licensure, registration, or certification, by a board. This subsection (2) applies
only to disciplinary actions based upon acts or omissions in the other state,
territory, or country substantially similar to those acts or omissions set out as
grounds for disciplinary action pursuant to subsection (1) of this section.
(3) (a) The board shall design and send a questionnaire to all licensed
psychologists with prescriptive authority who apply for license renewal. Each
applicant for license renewal shall complete the board-designed questionnaire. The
purpose of the questionnaire is to determine whether a licensee has acted in
violation of this part 2 or has been disciplined for any action that might be
considered a violation of this part 2 or that might make the licensee unfit to
practice psychology with reasonable care and safety. The board shall include on
the questionnaire a question regarding whether the licensee has complied with
section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant
fails to answer the questionnaire accurately, the failure constitutes grounds for
discipline under this section. The board may include the cost of developing and
reviewing the questionnaire in the fee paid pursuant to section 12-245-205. The
board may deny an application for license renewal that does not accompany an
accurately completed questionnaire.
(b) On and after July 1, 2024, as a condition of renewal of a license, each
licensee shall attest that the licensee is in compliance with section 12-280-403
(2)(a) and that the licensee is aware of the penalties for noncompliance with that
section.