49 Pa. Code § 41.83. Sexual intimacies with a former client/patient, or an immediate family member of a former client/patient.

§ 41.83. Sexual intimacies with a former client/patient, or an immediate family member of a former client/patient.

(a)  Sexual intimacies between a psychologist and a former client/patient, or an immediate family member of a former client/patient are prohibited for at least 2 years following the termination of the professional relationship, and then only under very limited circumstances.
(b)  Following the passage of the 2-year period, psychologists who engage in sexual intimacies with a former client/patient, or an immediate family member of a former client/patient shall have the burden of demonstrating that there has been no exploitation of the client/patient in light of all relevant factors, including:
   (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 psychologist during the course of therapy suggesting or inviting the possibility of a posttermination 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.

Authority

   The provisions of this §  41.83 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. §  1203.2(2)).

Source

   The provisions of this §  41.83 adopted May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593.

Cross References

   This section cited in 49 Pa. Code §  41.84 (relating to disciplinary proceedings); and 49 Pa. Code §  41.85 (relating to impaired professional program).

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