Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 6384 (October 2, 2021).

49 Pa. Code § 47.64. Disciplinary proceedings.

§ 47.64. Disciplinary proceedings.

 (a)  A violation of § §  47.61—47.63 (relating to prohibited conduct; former sexual partners as clients/patients; sexual intimacies with a former client/patient or an immediate family member of a former client/patient) will be deemed unprofessional conduct and will subject the licensed bachelor social worker, licensed social worker or licensed clinical social worker to discipline under section 11(a)(2) of the act (63 P.S. §  1911(a)(2)).

 (b)  The consent of a former client/patient or immediate family member of a former client/patient to engage in sexual intimacies with the licensed bachelor social worker, licensed social worker or licensed clinical social worker is not a defense in any disciplinary action brought under § §  47.61—47.63.

 (c)  With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of a former client/patient, or immediate family member of a former client/patient may be admissible in a disciplinary action brought under § §  47.61—47.63.

 (d)  In a disciplinary proceeding brought under §  47.63(b), the Board will consider whether there has been exploitation of the client/patient in light of all of the relevant factors enumerated under §  47.63(b)(1)—(7).

Authority

   The provisions of this §  47.64 amended under sections 6 and 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § §  1906 and 1918(c)); and section 9 of the act of October 22, 2014 (P.L. 2884, No. 179).

Source

   The provisions of this §  47.64 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469; amended August 28, 2020, effective August 29, 2020, 50 Pa.B. 4389. Immediately preceding text appears at serial pages (352844) to (352845).



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