1. (a) Sexual intimacies between a licensed professional counselor 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 professional counselors 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 professional counselor 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 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 licensed professional counselor 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.

Source

The provisions of this § 49.23 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.

Cross References

This section cited in 49 Pa. Code § 49.24 (relating to disciplinary proceedings); and 49 Pa. Code § 49.25 (relating to impaired professional program).