§ 4062. 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 psychoanalysis.

(3) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the certified psychoanalyst 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 psychoanalyst's objectivity or otherwise interfere with the psychoanalyst's professional obligations.

(6) Practicing outside or beyond a psychoanalyst's area of training, experience, or 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) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a certification tendered by the subject of a disciplinary investigation.

(c) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(d) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the administrative law officer may take disciplinary action against the certified psychoanalyst 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 certified psychoanalyst practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a certified psychoanalyst participate in continuing education as directed by the Office of Professional Regulation in order to overcome specified deficiencies.

(4) A requirement that the certified psychoanalyst's scope of practice be restricted to a specified extent.

(e) The administrative law officer may reinstate a revoked certification on terms and conditions that the administrative law officer deems to be proper. (Added 1993, No. 222 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 60; 2015, No. 138 (Adj. Sess.), § 10.)