102-5-12. Unprofessional conduct. (a) Any license may be suspended, limited, conditioned, qualified, restricted, revoked, not issued, or not renewed upon a finding by the board that unprofessional conduct has occurred.
(b) Any of the following acts by either a marriage and family therapy licensee or a marriage and family therapy licensure applicant shall constitute unprofessional conduct:
(1) Obtaining or attempting to obtain a license or registration for oneself or another by engaging in fraud, bribery, deceit, misrepresentation, or by concealing a material fact;
(2) except when the information has been obtained in the context of confidentiality, failing to notify the board, within a reasonable period of time, that the licensee or applicant or any other person regulated by the board or applying for licensure or registration has met any of these conditions:
(A) Has had a professional license, certificate, permit, registration, certification, or professional membership granted by any jurisdiction, professional association, or professional organization that has been limited, conditioned, qualified, restricted, suspended, revoked, refused, voluntarily surrendered, or allowed to expire in lieu of or during investigatory or disciplinary proceedings;
(B) has been subject to any other disciplinary action by any credentialing board, professional association, or professional organization;
(C) has been demoted, terminated, suspended, reassigned, or asked to resign from employment, or has resigned from employment, for some form of misfeasance, malfeasance, or nonfeasance;
(D) has been convicted of a crime; or
(E) has practiced the licensee's or registrant's profession in violation of the laws or regulations that regulate the profession;
(3) knowingly allowing another person to use one's license or registration;
(4) impersonating another person holding a license or registration issued by this or any other board;
(5) having been convicted of a crime resulting from or relating to one's professional practice of marriage and family therapy;
(6) furthering the licensure or registration application of another person who is known or reasonably believed to be unqualified with respect to character, education, or other relevant eligibility requirements;
(7) knowingly aiding or abetting any individual who is not credentialed by the board to represent that individual as a person who was or is credentialed by the board;
(8) failing to recognize, seek intervention, and otherwise appropriately respond when one's own personal problems, psychosocial distress, or mental health difficulties interfere with or negatively impact professional judgment, professional performance and functioning, or the ability to act in the client's best interests;
(9) failing or refusing to cooperate in a timely manner with any request from the board for a response, information, or assistance with respect to the board's investigation of any report of an alleged violation filed against oneself or any other applicant or professional who is required to be licensed or registered by the board. Any person taking longer than 30 days to provide the requested response, information, or assistance shall have the burden of demonstrating that the person has acted in a timely manner;
(10) offering to perform or performing services clearly inconsistent or incommensurate with one's training, education, or experience or with accepted professional standards;
(11) treating any client, student, or supervisee in a cruel manner;
(12) discriminating against any client, student, or supervisee on the basis of color, race, gender, religion, national origin, or disability;
(13) failing to advise and explain to each client the respective rights, responsibilities, and duties involved in the marriage and family therapy relationship;
(14) failing to provide each client with a description of what the client can expect in the way of services, consultation, reports, fees, billing, therapeutic regimen, or schedule, or failing to reasonably comply with that description;
(15) failing to provide each client with a description of the possible effects of the proposed treatment when the treatment is experimental or when there are clear and known risks to the client;
(16) failing to inform each client, student, or supervisee of any financial interests that might accrue to the licensee or applicant if the licensee or applicant refers a client, student, or supervisee to any other service or if the licensee or applicant uses any tests, books, or apparatus;
(17) failing to inform each client that the client is entitled to the same services from a public agency if one is employed by that public agency and also offers services privately;
(18) failing to inform each client, student, or supervisee of the limits of client confidentiality, the purposes for which the information is obtained, and the manner in which the information may be used;
(19) revealing information, a confidence, or secret of any client, or failing to protect the confidences, secrets, or information contained in a client's records, except when at least one of these conditions is met:
(A) Disclosure is required or permitted by law;
(B) failure to disclose the information presents a clear and present danger to the health or safety of an individual or the public;
(C) the licensee or applicant is a party to a civil, criminal, or disciplinary investigation or action arising from the practice of marriage and family therapy, in which case disclosure is limited to that action; or
(D) the criteria provided by K.S.A. 65-6410, and amendments thereto, are met;
(20) failing to obtain written, informed consent from each client, or the client's legal representative or representatives, before performing any of these actions:
(A) Electronically recording sessions with that client;
(B) permitting a third-party observation of their activities; or
(C) releasing information concerning a client to a third person, except as required or permitted by law;
(21) failing to protect the confidences of, secrets of, or information concerning other persons when providing a client with access to that client's records;
(22) failing to exercise due diligence in protecting the information regarding and the confidences and secrets of the client from disclosure by other persons in one's work or practice setting;
(23) engaging in professional activities, including billing practices and advertising, involving dishonesty, fraud, deceit, or misrepresentation;
(24) using alcohol or illegally using any controlled substance while performing the duties or services of a marriage and family therapist;
(25) making sexual advances toward or engaging in physical intimacies or sexual activities with one's client, student, or supervisee;
(26) making sexual advances toward, engaging in physical intimacies or sexual activities with, or exercising undue influence over any person who, within the past 24 months, has been one's client;
(27) exercising undue influence over any client, student, or supervisee, including promoting sales of services or goods, in a manner that will exploit the client, student, or supervisee for the financial gain, personal gratification, or advantage of oneself or a third party;
(28) directly or indirectly offering or giving to a third party or soliciting, receiving, or agreeing to receive from a third party any fee or other consideration for referring the client or in connection with performing professional services;
(29) permitting any person to share in the fees for professional services, other than a partner, an employee, an associate in a professional firm, or a consultant authorized to practice marriage and family therapy;
(30) soliciting or assuming professional responsibility for clients of another agency or colleague without attempting to coordinate the continued provision of client services by that agency or colleague;
(31) making claims of professional superiority that one cannot substantiate;
(32) guaranteeing that satisfaction or a cure will result from performing or providing any professional service;
(33) claiming or using any secret or special method of treatment or techniques that one refuses to disclose to the board;
(34) continuing or ordering tests, procedures, or treatments or using treatment facilities or services not warranted by the client's condition, best interests, or preferences;
(35) taking credit for work not personally performed, whether by giving inaccurate or misleading information or by failing to disclose accurate or material information;
(36) if engaged in research, failing to fulfill these requirements:
(A) Consider carefully the possible consequences for human beings participating in the research;
(B) protect each participant from unwarranted physical and mental harm;
(C) ascertain that each participant's consent is voluntary and informed; and
(D) preserve the privacy and protect the anonymity of each subject of the research within the terms of informed consent;
(37) making or filing a report that one knows to be false, distorted, erroneous, incomplete, or misleading;
(38) failing to notify the client promptly when one anticipates terminating or interrupting service to the client;
(39) failing to seek continuation of service, or abandoning or neglecting a client under or in need of professional care, without making reasonable arrangements for that care;
(40) abandoning employment under circumstances that seriously impair the delivery of professional care to clients and without providing reasonable notice to the employer;
(41) failing to terminate marriage and family therapy services when it is apparent that the relationship no longer serves the client's needs or best interests;
(42) supervising in a negligent manner anyone for whom one has supervisory responsibility;
(43) when applicable, failing to inform a client that marriage and family therapy services are provided or delivered under supervision;
(44) engaging in a dual relationship with a client, student, or supervisee;
(45) failing to inform the proper authorities as required by K.S.A. 38-2223, and amendments thereto, that one knows or has reason to believe that a client has been involved in harming or has harmed a child, whether by physical, mental, or emotional abuse or neglect or by sexual abuse;
(46) failing to inform the proper authorities as required by K.S.A. 39-1402, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to a resident, as defined by K.S.A. 39-1401(a) and amendments thereto:
(A) Has been or is being abused, neglected, or exploited;
(B) is in a condition that resulted from abuse, neglect, or exploitation; or
(C) needs protective services;
(47) failing to inform the proper authorities as required by K.S.A. 39-1431, and amendments thereto, that one knows or has reason to believe that any of the following circumstances apply to an adult, as defined in K.S.A. 39-1430 and amendments thereto:
(A) Is being or has been abused, neglected, or exploited;
(B) is in a condition that is the result of abuse, neglect, or exploitation; or
(C) needs protective services;
(48) intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing another person from filing a report or record that is required by state or federal law, or inducing another person to take any of these actions;
(49) offering to perform or performing any service, procedure, or therapy that, by the accepted standards of marriage and family therapy practice in the community, would constitute experimentation on human subjects without first obtaining the full, informed, and voluntary written consent of the client or the client's legal representative or representatives;
(50) practicing marriage and family therapy in an incompetent manner;
(51) practicing marriage and family therapy after one's license expires;
(52) using without a license or continuing to use after a license has expired any title or abbreviation prescribed by law to be used solely by persons who currently hold that type or class of license; or
(53) violating any provision of this act or any regulation adopted under the act. (Authorized by K.S.A. 65-6408 and K.S.A. 2007 Supp. 74-7507; implementing K.S.A. 65-6408; effective March 29, 1993; amended Dec. 19, 1997; amended July 11, 2003; amended Jan. 9, 2004; amended Aug. 8, 2008.)
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