N.J. Admin. Code § 13:35-12.20

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:35-12.20 - Sexual misconduct

(a) A licensee shall not engage in sexual contact with a client during the course of electrology treatment. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon the part of the client's body, sexual penetration, or the insertion or any imposition of any object of any part of a licensee's or client's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body which is necessary during a generally accepted and recognized electrology procedure.

(b) A licensee shall not engage in any discussion of an intimate sexual nature with a client during the course of treatment unless that discussion is directly related to a proper electrology purpose. Such discussion shall not include disclosure by the licensee of his or her own sexual relationships.

(c) A licensee shall provide privacy and examination conditions which prevent the exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect the client's privacy.

(d) A licensee shall not engage in sexual harassment during the course of electrology treatment. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal contact that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of electrology services, and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context.

(e) A licensee shall not engage in any other activity during the course of treatment which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or which is for the sexual arousal, or sexual gratification of the licensee or client or which is construed as an act of sexual abuse.

(f) Violation of any of the prohibitions or directives set forth in (a) through (e) above shall constitute professional misconduct pursuant to 45:1-21(e).

(g) It shall not be a defense to any action under this section that the client solicited or consented to sexual contact with the licensee.

N.J. Admin. Code § 13:35-12.20