1. (a) Sexual intimacies between a licensed bachelor social worker, 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.

2. (b) Following the passage of the 7-year period, licensed bachelor social workers, 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 bachelor social worker, licensed social worker or licensed clinical social worker shall consider all of the following:

   1. (1) The amount of time that has passed since the professional relationship terminated.
   2. (2) The nature and duration of the professional relationship.
   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 licensed bachelor social worker, licensed social worker or licensed clinical social worker during the course of professional relationship suggesting or inviting the possibility of a post-termination 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 § 47.63 amended under sections 6 and 18(c) of the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P.S. § § 1906 and 1918(c)); and section 9 of the act of October 22, 2014 (P.L. 2884, No. 179).

Source

The provisions of this § 47.63 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469; amended August 28, 2020, effective August 29, 2020, 50 Pa.B. 4389. Immediately preceding text appears at serial page (352844).

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).