(a)The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial or discipline of a license:
(1)failing to use a correct title in professional activity;
(2)conduct that evidences unfitness to practice licensed master’s or licensed independent clinical social work;
(3)engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years;
(4)harassing, intimidating, or abusing a client or patient;
(5)practicing outside or beyond a licensee’s education, training, experience, or c
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(a) The following conduct and the conduct set forth in 3 V.S.A. § 129a by a person licensed under this chapter constitutes unprofessional conduct. When that conduct is by an applicant or a person who later becomes an applicant, it may constitute grounds for denial or discipline of a license:
(1) failing to use a correct title in professional activity;
(2) conduct that evidences unfitness to practice licensed master’s or licensed independent clinical social work;
(3) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years;
(4) harassing, intimidating, or abusing a client or patient;
(5) practicing outside or beyond a licensee’s education, training, experience, or competence;
(6) having a conflict of interest that interferes with the exercise of the licensee’s professional responsibilities, discretion, and impartial judgment;
(7) failing to inform a client when a real or potential conflict of interest arises and failing to take reasonable steps to resolve the issue in a manner that makes the client’s interest primary and protects the client’s interest to the greatest extent possible;
(8) taking unfair advantage of any professional relationship or exploiting others to further the licensee’s personal, religious, political, or business interests;
(9) engaging in dual or multiple relationships with a client or former client in which there is a risk of exploitation or potential harm to the client;
(10) failing to take steps to protect a client and to set clear, appropriate, and culturally sensitive boundaries, in instances where dual or multiple relationships are unavoidable;
(11) failing to clarify with all parties which individuals will be considered clients and the nature of the licensee’s professional obligations to the various individuals who are receiving services, when a licensee provides services to two or more people who have a spousal, familial, or other relationship with each other;
(12) failing to clarify the licensee’s role with the parties involved and to take appropriate action to minimize any conflicts of interest, when the clinical social worker anticipates a conflict of interest among the individuals receiving services or anticipates having to perform in conflicting roles such as testifying in a child custody dispute or divorce proceedings involving clients; or
(13) using conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative hearing officer may take disciplinary action against a licensee or applicant. (Added 1985, No. 253 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b); 1993, No. 98, § 30; 1993, No. 222 (Adj. Sess.), § 6; 1997, No. 40, § 36; 1997, No. 145 (Adj. Sess.), § 52; 1999, No. 133 (Adj. Sess.), § 29; 2015, No. 38, § 31, eff. July 1, 2017; 2015, No. 138 (Adj. Sess.), § 7, eff. July 1, 2017.)