Section 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.

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

Notation

Authority

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

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).