§ 49.23. Sexual intimacies with a former client/patient or an immediate family member of a former client/patient.
(a) Sexual intimacies between a licensed professional counselor and a former client/patient, or an immediate family member of a former client/patient are prohibited for 7 years following the termination of the professional relationship.
(b) Following the passage of the 7-year period, licensed professional counselors may engage in sexual conduct with a former client/patient, or an immediate family member of a former client/patient which is not exploitive. In determining whether the conduct is exploitive, the licensed professional counselor shall consider all of the following:
(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 licensed professional counselor 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 § 49.23 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.
This section cited in 49 Pa. Code § 49.24 (relating to disciplinary proceedings); and 49 Pa. Code § 49.25 (relating to impaired professional program).
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