Section 21.704. Matters related to allegations of sexual impropriety or violation

(a) A licensee may not engage in conduct constituting a sexual violation or sexual impropriety.

(b) Engaging in conduct constituting a sexual violation or sexual impropriety is unprofessional conduct and will subject the licensee to disciplinary action under section 14 of the act (63 P. S. § 224).

(c) The consent of the patient to any sexual impropriety or sexual violation is not a defense to any disciplinary charge for violation of the act or this subchapter.

(d) Evidence of specific instances with individuals other than the licensee, opinion evidence or reputation evidence of a patient’s past sexual conduct is not admissible in proceedings brought under § 21.711 (relating to professional conduct). The Board may consider sexual relationships between the dietitian-nutritionist and the patient occurring prior to the professional relationship.

(e) A dietitian-nutritionist who attempts to raise as a defense an argument that conduct prohibited as a sexual violation or sexual impropriety was necessary or appropriate to the treatment of a patient shall be required to demonstrate competency in practice which relates directly to the treatment of sexual function or dysfunction. This competence may be demonstrated through educational training and supervised clinical experience.

Notation

Cross References

This section cited in 49 Pa. Code § 21.701 (relating to definitions).