Terms Used In Vermont Statutes Title 26 Sec. 3271

  • Board: means the Board of Allied Mental Health Practitioners established under this chapter. See
  • Clinical mental health counseling: means providing, for a consideration, professional counseling services that are primarily drawn from the theory and practice of psychotherapy and the discipline of clinical mental health counseling, involving the application of principles of psychotherapy, human development, learning theory, group dynamics, and the etiology of mental illness and dysfunctional behavior to individuals, couples, families, and groups, for the purposes of treating psychopathology and promoting optimal mental health. See
  • Clinical mental health counselor: means a person who is licensed to practice clinical mental health counseling under this chapter. See
  • Disciplinary action: includes any action taken by the Board against a licensed clinical mental health counselor or applicant premised on a finding that the licensed clinical mental health counselor or applicant has engaged in unprofessional conduct. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See

§ 3271. Unprofessional conduct

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

(1) using dishonest or misleading advertising;

(2) misusing a title in professional activity;

(3) conduct that evidences unfitness to practice clinical mental health counseling;

(4) engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous five years;

(5) harassing, intimidating, or abusing a client;

(6) entering into an additional relationship with a client, supervisee, research participant, or student that might impair the licensed clinical mental health counselor‘s objectivity or otherwise interfere with the clinical mental health counselor’s professional obligations;

(7) independently practicing outside or beyond a clinical mental health counselor’s area of training, experience, or competence without appropriate supervision; or

(8) 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, the Board may take disciplinary action against a licensed clinical mental health counselor or applicant. (Added 1987, No. 245 (Adj. Sess.), § 1; amended 1993, No. 98, § 17; 1993, No. 222 (Adj. Sess.), § 10; 1997, No. 40, § 57; 1997, No. 145 (Adj. Sess.), § 53; 2007, No. 29, § 45; 2015, No. 138 (Adj. Sess.), § 8.)