§ 41.83. Sexual intimacies with a former client/patient, or an immediate family member of a former client/patient.
(a) Sexual intimacies between a psychologist and a former client/patient, or an immediate family member of a former client/patient are prohibited for at least 2 years following the termination of the professional relationship, and then only under very limited circumstances.
(b) Following the passage of the 2-year period, psychologists who engage in sexual intimacies with a former client/patient, or an immediate family member of a former client/patient shall have the burden of demonstrating that there has been no exploitation of the client/patient in light of all relevant factors, including:
(1) The amount of time that has passed since the professional relationship terminated.
(2) The nature and duration of the therapy.
(3) The circumstances of termination.
(4) The client/patients personal history, for example, unique vulnerabilities.
(5) The client/patients current mental status.
(6) Statements or actions made by the psychologist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient.
(7) The likelihood of adverse impact on the client/patient and immediate family members of the client/patient.
The provisions of this § 41.83 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P. S. § 1203.2(2)).
The provisions of this § 41.83 adopted May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593.
This section cited in 49 Pa. Code § 41.84 (relating to disciplinary proceedings); and 49 Pa. Code § 41.85 (relating to impaired professional program).
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