1. (a) "Sexual Harassment" includes solicitation, physical advances, or verbal or nonverbal conduct consisting of a single intense or severe act or of multiple persistent or pervasive acts by a licensee toward another individual that are sexual in nature and occur in connection with licensee's professional activities and that are unwelcome, offensive, or create a hostile workplace environment for that individual.

2. (b) "Sexual Impropriety" is deliberate or repeated comments, gestures, or physical acts of a sexual nature that include, but are not limited to:

   1. (1) Behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexually demeaning;
   2. (2) Making inappropriate comments about an individual's body;
   3. (3) Making sexually demeaning comments to an individual;
   4. (4) Making comments about an individual's potential sexual performance, except when the examination or consultation is pertinent to the issue of sexual function or dysfunction in therapy/counseling;
   5. (5) Requesting details of a patient or client's sexual history when not clinically indicated for the type of consultation;
   6. (6) Requesting a date;
   7. (7) Initiating conversation regarding the sexual problems, preferences, or fantasies of either party; or
   8. (8) Kissing of a sexual nature.

3. (c) A sexual relationship is the engaging in any conduct that is sexual or may be reasonably interpreted as sexual in nature including, but not limited to:

   1. (1) Sexual intercourse;
   2. (2) Genital contact;
   3. (3) Oral to genital contact;
   4. (4) Genital to anal contact;
   5. (5) Oral to anal contact;
   6. (6) Touching breasts or genitals;
   7. (7) Encouraging another to masturbate in one's presence.
   8. (8) Masturbation in another's presence; or
   9. (9) Exposure of sexual organs, breast or buttocks for sexual gratification of either party.
4. (d) A licensee may not engage in sexual harassment, sexual impropriety, or a sexual relationship with a current patient or client, a former patient or client over whom the licensee has influence due to a therapeutic relationship, a student or a supervisee over whom the licensee has administrative or clinical responsibility.

Source Note:The provisions of this §465.33 adopted to be effective June 3, 1999, 24 TexReg 4017.