Current through Register Vol. 54, No. 45, November 9, 2024
Section 16.110 - Sexual misconduct(a) Sexual exploitation by a Board-regulated practitioner of a current or former patient, or of an immediate family member of a patient, constitutes unprofessional conduct, is prohibited, and subjects the practitioner to disciplinary action under section 41(8) of the act (63 P. S. § 422.41(8)).(b) Sexual behavior that occurs with a current patient other than the Board-regulated practitioner's spouse constitutes unprofessional conduct, is prohibited and subjects the practitioner to disciplinary action under section 41(8) of the act.(c) When a Board-regulated practitioner is involved with the management or treatment of a patient other than the practitioner's spouse for a mental health disorder, sexual behavior with that former patient which occurs prior to the 2-year anniversary of the termination of the professional relationship constitutes unprofessional conduct, is prohibited and subjects the practitioner to disciplinary action under section 41(8) of the act.(d) A practitioner who engages in conduct prohibited by this section will not be eligible for placement into an impaired professional program in lieu of disciplinary or corrective actions.(e) Consent is not a defense to conduct prohibited by this section.The provisions of this §16.110 adopted January 2, 2004, effective 1/3/2004, 34 Pa.B. 40.The provisions of this §16.110 issued under sections 8 and 41(8) of the Medical Practice Act of 1985 (63 P.S. §§ 442.8 and 442.41(8)).
This section cited in 49 Pa. Code § 18.609 (relating to disciplinary action for licensed perfusionists); 49 Pa. Code § 18.708 (relating to disciplinary action for applicants and genetic counselors); and 49 Pa. Code § 18.853 (relating to unprofessional and immoral conduct).