Relevant information on unprofessional conduct, Arizona Board of Behavioral Health Examiners
16. "Unprofessional conduct
" includes the following, whether occurring in this state or elsewhere:
(a) Conviction of a felony. Conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the conviction.
(b) Use of fraud or deceit in connection with rendering services as a licensee or in establishing qualifications pursuant to this chapter.
(c) Any oral or written misrepresentation of a fact by an applicant or licensee:
(i) To secure or attempt to secure the issuance or renewal of a license.
(ii) In any statements provided during an investigation or disciplinary proceeding by the board.
(iii) Regarding the licensee's skills or the value of any treatment provided or to be provided.
(d) Any false, fraudulent or deceptive statement connected with the practice of behavioral health, including false or misleading advertising by the licensee or the licensee's staff or a representative compensated by the licensee.
(e) Securing or attempting to secure the issuance or renewal of a license by knowingly taking advantage of the mistake of another person or the board.
(f) Active habitual intemperance in the use of alcohol or active habitual substance abuse.
(g) Using a controlled substance that is not prescribed for use during a prescribed course of treatment.
(h) Obtaining a fee by fraud, deceit or misrepresentation.
(i) Aiding or abetting a person who is not licensed pursuant to this chapter to purport to be a licensed behavioral health professional in this state.
(j) Conduct that the board determines is gross negligence or repeated negligence in the licensee's profession.
(k) Any conduct or practice that is contrary to recognized standards of ethics in the behavioral health profession or that constitutes a danger to the health, welfare or safety of a client.
(l) Any conduct, practice or condition that impairs the ability of the licensee to safely and competently practice the licensee's profession.
(m) Engaging or offering to engage as a licensee in activities that are not congruent with the licensee's professional education, training or experience.
(n) Failing to comply with or violating, attempting to violate or assisting in or abetting the violation of any provision of this chapter, any rule adopted pursuant to this chapter, any lawful order of the board, or any formal order, consent agreement, term of probation or stipulated agreement issued under this chapter.
(o) Failing to furnish information within a specified time to the board or its investigators or representatives if legally requested by the board.
(p) Failing to conform to minimum practice standards as developed by the board.
(q) Failing or refusing to maintain adequate records of behavioral health services provided to a client.
(r) Providing behavioral health services that are clinically unjustified or unsafe or otherwise engaging in activities as a licensee that are unprofessional by current standards of practice.
(s) Terminating behavioral health services to a client without making an appropriate referral for continuation of care for the client if continuing behavioral health services are indicated.
(t) Disclosing a professional confidence or privileged communication except as may otherwise be required by law or permitted by a valid written release.
(u) Failing to allow the board or its investigators on demand to examine and have access to documents, reports and records in any format maintained by the licensee that relate to the licensee's practice of behavioral health.
(v) Any sexual conduct between a licensee and a client or former client.
(w) Providing behavioral health services to any person with whom the licensee has had sexual contact.
(x) Exploiting a client, former client or supervisee. For the purposes of this subdivision, "exploiting" means taking advantage of a professional relationship with a client, former client or supervisee for the benefit or profit of the licensee.
(y) Engaging in a dual relationship with a client that could impair the licensee's objectivity or professional judgment or create a risk of harm to the client. For the purposes of this subdivision, "dual relationship" means a licensee simultaneously engages in both a professional and nonprofessional relationship with a client that is avoidable and not incidental.
(z) Engaging in physical contact between a licensee and a client if there is a reasonable possibility of physical or psychological harm to the client as a result of that contact.
]David Miller License # LCSW-0174
]Gudrun Miller License # LPC-0544