Regulation .09 Sexual Misconduct.
Regulation .09 Sexual Misconduct.LinkCopy Citation
A.
A counselor may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:
(1)
Inappropriate sexual language;
(2)
Sexual exploitation;
(3)
Sexual harassment;
(4)
Sexual behavior; and
(5)
Therapeutic deception.
B.
Concurrent Sexual Relationships. A counselor may not engage in either consensual or forced sexual behavior with:
(1)
A client;
(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)
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.
C.
Relationship with Former Clients.
(1)
Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.
(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)
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.
D.
Prior Sexual Relationships. A counselor may not provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.
E.
Sexual Harassment.
(1)
A counselor may not sexually harass a:
(a)
Client;
(b)
Student;
(c)
Supervisee; or
(d)
Supervisor.
(2)
If sexually harassed by a client, a counselor shall:
(a)
Seek professional consultation with another licensed health care professional;
(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
(c)
Terminate the relationship with the client and assist in a referral to another health care provider.
F.
Therapeutic Deception. A counselor may not:
(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)
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)
Suggest, recommend, or encourage a client to engage in a sexually provocative act, including but not limited to:
(a)
Sexual contact with a counselor;
(b)
Genital stimulation by or of a client or counselor;
(c)
Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and
(d)
Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.