1. A. A counselor may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

   1. (1) Inappropriate sexual language;
   2. (2) Sexual exploitation;
   3. (3) Sexual harassment;
   4. (4) Sexual behavior; and
   5. (5) Therapeutic deception.

2. B. Concurrent Sexual Relationships. A counselor may not engage in either consensual or forced sexual behavior with:

   1. (1) A client;
   2. (2) A student or supervisee over whom the counselor exercises professional authority, or with whom the counselor maintains evaluative responsibility, supervision, or education, while the professional relationship continues to exist; or
   3. (3) An individual with whom the client has a close personal relationship, including but not limited to a relative or significant individual in the client's life, if there is a risk of exploitation or potential harm to the client.

3. C. Relationship with Former Clients.

   1. (1) Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.
   2. (2) A counselor may not terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.
   3. (3) A counselor may enter into a relationship with an individual with whom a counselor's prior professional contact was brief, peripheral, consultative, or indirect, and did not constitute a therapeutic relationship.
4. D. Prior Sexual Relationships. A counselor may not provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.

5. E. Sexual Harassment.

   1. (1) A counselor may not sexually harass a:

      1. (a) Client;
      2. (b) Student;
      3. (c) Supervisee; or
      4. (d) Supervisor.

   2. (2) If sexually harassed by a client, a counselor shall:

      1. (a) Seek professional consultation with another licensed health care professional;
      2. (b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and
      3. (c) Terminate the relationship with the client and assist in a referral to another health care provider.

6. F. Therapeutic Deception. A counselor may not:

   1. (1) Engage in sexual activity with a client or an individual in a close personal relationship with a client, on the pretense of therapeutic intent or benefit;
   2. (2) Represent to a client or individual in close personal contact with a client that sexual contact or activity by or with a counselor is consistent with or part of a client's therapy; or

   3. (3) Suggest, recommend, or encourage a client to engage in a sexually provocative act, including but not limited to:

      1. (a) Sexual contact with a counselor;
      2. (b) Genital stimulation by or of a client or counselor;
      3. (c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and
      4. (d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.

Authority: Health Occupations Article, §§1-212 and 17-205, Annotated Code of Maryland

Effective date: July 10, 1989 (16:13 Md. R. 1422)

Chapter revised effective April 3, 2000 (27:6 Md. R. 642)

Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective October 1, 2001 (28:19 Md. R. 1685)