§ 47.63. Sexual intimacies with a former client/patient or an immediate family member of a former client/patient.

 (a)  Sexual intimacies between a 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.

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

   (1)  The amount of time that has passed since the professional relationship terminated.

   (2)  The nature and duration of the therapy.

   (3)  The circumstances of termination.

   (4)  The client/patient’s personal history—for example, unique vulnerabilities.

   (5)  The client/patient’s current mental status.

   (6)  Statements or actions made by the licensed social worker or licensed clinical social worker during the course of therapy suggesting or inviting the possibility of a posttermination sexual or romantic relationship with the client/patient.

   (7)  The likelihood of adverse impact on the client/patient and immediate family members of the client/patient.

Source

   The provisions of this §  47.63 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4469.

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).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.