Current through Register Vol. 54, No. 45, November 9, 2024
Section 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/patient's personal history, for example, unique vulnerabilities.(5) The client/patient's 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 post termination 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 8/12/2006, 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).