Section 47.63. Sexual intimacies with a former client/patient or an immediate family member of a former client/patient

(a) Sexual intimacies between a licensed social worker or licensed clinical social worker and a former client/patient, or an immediate family member of a former client/patient are prohibited for 7 years following the termination of the professional relationship.

(b) Following the passage of the 7-year period, licensed social workers and licensed clinical social workers may engage in sexual conduct with a former client/patient, or an immediate family member of a former client/patient which is not exploitive. In determining whether the conduct is exploitive, the licensed social worker or licensed clinical social worker shall consider all of the following:

(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 licensed social worker or licensed clinical social worker 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 § 47.63 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.

Notation

Cross References

This section cited in 49 Pa. Code § 47.64 (relating to disciplinary proceedings); and 49 Pa. Code § 47.65 (relating to impaired professional program).