1. (a) Sexual intimacies between a psychologist and a former client/patient, or an immediate family member of a former client/patient are prohibited for at least 2 years following the termination of the professional relationship, and then only under very limited circumstances.

2. (b) Following the passage of the 2-year period, psychologists who engage in sexual intimacies with a former client/patient, or an immediate family member of a former client/patient shall have the burden of demonstrating that there has been no exploitation of the client/patient in light of all relevant factors, including:

   1. (1) The amount of time that has passed since the professional relationship terminated.
   2. (2) The nature and duration of the therapy.
   3. (3) The circumstances of termination.
   4. (4) The client/patient’s personal history, for example, unique vulnerabilities.
   5. (5) The client/patient’s current mental status.
   6. (6) Statements or actions made by the psychologist during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient.
   7. (7) The likelihood of adverse impact on the client/patient and immediate family members of the client/patient.

Authority

The provisions of this § 41.83 issued under section 3.2(2) of the Professional Psychologists Practice Act (63 P.S. § 1203.2(2)).

Source

The provisions of this § 41.83 adopted May 26, 2000, effective May 27, 2000, 30 Pa.B. 2593.

Cross References

This section cited in 49 Pa. Code § 41.84 (relating to disciplinary proceedings); and 49 Pa. Code § 41.85 (relating to impaired professional program).