(1) As used in this chapter, "unprofessional conduct" includes: (a) using or employing the services of any individual to assist a licensee in any manner not in accordance with the generally recognized practices, standards, or ethics of the profession for which the individual is licensed, or the laws of the state; (b) failure to confine practice conduct to those acts or practices: (i) in which the individual is competent by education, training, and experience within limits of education, training, and experience; and (ii) which are within applicable scope of practice laws of this chapter; (c) disclosing or refusing to disclose any confidential communication under Section 58-60-114 or 58-60-509; (d) a pattern of failing to offer a patient the opportunity to waive the patient's privacy rights under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164; (e) a pattern of failing to provide to patients in a mental health therapy setting: (i) information regarding the license holder, including the name under which the license holder is licensed, the type of license held, the license number, and the license holder's contact information; (ii) if the individual's license requires the license holder to be supervised by another licensed provider, information regarding the supervisor, including the name under which the supervisor is licensed, the type of license held, the license number, and the supervisor's contact information; (iii) information regarding standards of appropriate care and ethical boundaries, including a plain language statement that in a professional relationship with a mental health practitioner, a dual relationship between a client and a provider, or one that is romantic, financially motivated, sexual, or otherwise risks impacting the provider's judgment or the quality of the services provided, is never appropriate and should be reported to the Division of Professional Licensing; (iv) unless the individual is under an order of temporary commitment or involuntary commitment, information regarding the client's rights, including that the client has the right to seek a second opinion, to ask for additional information, and to terminate treatment at any time; or (v) the contact information for the Division of Professional Licensing, including how to file a complaint; and (f) a pattern of failing to provide to patients, upon request, in a mental health setting: (i) information about the license holder's qualifications and experience, including a listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the license holder, the name of the granting school or institution, and the continuing education that the licensee is required to complete in order to retain the license; (ii) information regarding standards of appropriate care and ethical boundaries, including a copy of the statutory and administrative rule definitions of unprofessional conduct, or a copy of the generally recognized professional or ethical standards; (iii) for any course of treatment, the method of treatment recommended, the reasoning supporting the method of treatment, the techniques used, the expected duration of the treatment, if known, and the fee structure; or (iv) information regarding the individuals who have or have had access to confidential data related to the care of the patient, including evaluations, assessments, diagnoses, prevention or treatment plans, reports, progress notes, discharge summaries, treatment or documentation of treatment, including video recording, live stream, or in-person observations of psychotherapy or other treatment methods. (2) "Unprofessional conduct" under this chapter may be further defined by division rule. (3) Notwithstanding Section 58-1-401, the division may not act upon the license of a licensee for unprofessional conduct under Subsection (1)(d).
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