Section 47.64. Disciplinary proceedings

(a) A violation of § § 47.61—47.63 (relating to prohibited conduct; former sexual partners as clients/patients; sexual intimacies with a former client/patient or an immediate family member of a former client/patient) will be deemed unprofessional conduct and will subject the licensed social worker or licensed clinical social worker to discipline under section 11(a)(2) of the act (63 P. S. § 1911(a)(2).

(b) The consent of a former client/patient or immediate family member of a former client/patient to engage in sexual intimacies with the licensed social worker or licensed clinical social worker is not a defense in any disciplinary action brought under § § 47.61—47.63.

(c) With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of a former client/patient, or immediate family member of a former client/patient may be admissible in a disciplinary action brought under § § 47.61—47.63.

(d) In a disciplinary proceeding brought under § 47.63(b), the Board will consider whether there has been exploitation of the client/patient in light of all of the relevant factors enumerated under § 47.63(b)(1)—(7).

The provisions of this § 47.64 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.