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 January 3, 2004, 34 Pa.B. 40.

Notation

Authority

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)).

Cross References

This section cited in 49 Pa. Code § 18.609 (relating to disciplinary action for licensed perfusionists); and 49 Pa. Code § 18.708 (relating to disciplinary action for applicants and genetic counselors).