§ 4042. Unprofessional conduct

(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) Failing to use a complete title in professional activity.

(2) Conduct that evidences moral unfitness to practice marriage and family therapy.

(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensed marriage and family therapist has had a professional relationship within the previous two years.

(4) Harassing, intimidating, or abusing a client.

(5) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the marriage and family therapist's objectivity or otherwise interfere with the marriage and family therapist's professional obligations.

(6) Practicing outside or beyond a marriage and family therapist's area of training, experience, and competence without appropriate supervision.

(7) 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, or upon approval of a negotiated agreement, the Board may take disciplinary action against the licensed marriage and family therapist or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to appropriate treatment.

(2) A restriction that a licensed marriage and family therapist practice only under the supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensed marriage and family therapist participate in continuing education as directed by the Board in order to overcome specified deficiencies.

(4) A requirement that the licensed marriage and family therapist's scope of practice be restricted to a specified extent.

(c) The Board may reinstate a revoked license on terms and conditions that the Board deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 13; amended 1997, No. 40, § 65; 1997, No. 145 (Adj. Sess.), § 59; 1999, No. 52, §§ 34, 35; 2015, No. 138 (Adj. Sess.), § 9.)