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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

49 Pa. Code § 41.84. Disciplinary proceedings.

§ 41.84. Disciplinary proceedings.

 (a)  The consent of an individual to engage in sexual intimacies with the psychologist may not be a defense in any disciplinary action brought under § §  41.81—41.83 (relating to prohibited conduct; former sexual partners as client patients; and sexual intimacies with a former client/patient or, an immediate family member of a former client/patient).

 (b)  With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of an individual may be admissible in a disciplinary action brought under § §  41.81—41.83.

 (c)  In a disciplinary proceeding brought under § §  41.81—41.83, the psychologist shall have the burden of proving that there has been no exploitation of the client/patient in light of all of the relevant factors enumerated under §  41.83(b)(1)—(7).


   The provisions of this §  41.84 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. §  1203.2(2)).


   The provisions of this §  41.84 adopted May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593.

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