49 Pa. Code § 16.110 - Sexual misconduct
(a)
Sexual exploitation by a Board -regulated practitioner of a current or former
patient, or of an immediate family member of a patient, constitutes
unprofessional conduct, is prohibited, and subjects the practitioner to
disciplinary action under section 41(8) of the act (63 P. S. §
422.41(8)).
(b) Sexual behavior that occurs with a
current patient other than the Board -regulated practitioner's spouse
constitutes unprofessional conduct, is prohibited and subjects the practitioner
to disciplinary action under section 41(8) of the act .
(c) When a Board -regulated practitioner is
involved with the management or treatment of a patient other than the
practitioner's spouse for a mental health disorder, sexual behavior with that
former patient which occurs prior to the 2-year anniversary of the termination
of the professional relationship constitutes unprofessional conduct, is
prohibited and subjects the practitioner to disciplinary action under section
41(8) of the act .
(d) A
practitioner who engages in conduct prohibited by this section will not be
eligible for placement into an impaired professional program in lieu of
disciplinary or corrective actions.
(e) Consent is not a defense to conduct
prohibited by this section.
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