Section 41.84. Disciplinary proceedings

(a) The consent of an individual to engage in sexual intimacies with the psychologist may not be a defense in any disciplinary action brought under § § 41.81—41.83 (relating to prohibited conduct; former sexual partners as client patients; and sexual intimacies with a former client/patient or, an immediate family member of a former client/patient).

(b) With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of an individual may be admissible in a disciplinary action brought under § § 41.81—41.83.

(c) In a disciplinary proceeding brought under § § 41.81—41.83, the psychologist shall have the burden of proving that there has been no exploitation of the client/patient in light of all of the relevant factors enumerated under § 41.83(b)(1)—(7).

The provisions of this § 41.84 adopted May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593.

Notation

Authority

The provisions of this § 41.84 issued under section 3.2(2) of the Professional Psychologist’s Practice Act (63 P. S. § 1203.2(2)).