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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

49 Pa. Code § 49.24. Disciplinary proceedings.

§ 49.24. Disciplinary proceedings.

 (a)  A violation of § §  49.21—49.23 (relating to prohibited conduct; former sexual partners as clients/patients; and 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 professional counselor to discipline under section 1911(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 professional counselor is not a defense in any disciplinary action brought under § §  49.21—49.23.

 (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 § §  49.21—49.23.

 (d)  In a disciplinary proceeding brought under §  49.23(b), the Board will consider whether there has been exploitation of the client/patient in light of all of the relevant factors enumerated under §  49.23(b)(1)—(7).


   The provisions of this §  49.21 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.

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