Section 25.216. 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 15(a)(8) and (b)(9) of the act (63 P. S. § 271.15(a)(8) and (b)(9)).

(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 15(a)(8) and (b)(9) of the act.

(c) When a Board-regulated practitioner has been 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 15(a)(8) and (b)(9) 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 25.216 adopted January 2, 2004, effective January 3, 2004, 34 Pa.B. 47.

Notation

Authority

The provisions of this § 25.216 issued under sections 10.1(c), 15(a)(8) and (b)(9) and 16 of the Osteopathic Medical Practice Act (63 P. S. § § 271.10a(c), 271.15(a)(8) and (b)(9) and 271.16).

Cross References

This section cited in 49 Pa. Code § 25.809 (relating to disciplinary action for licensed perfusionist).