The Code: 41.81 - 41.92 Sexual Intimacies and Notice Requirements

Question 1

Is sex/sexual intimacies with a current client, or immediate family member of the client, prohibited?

Answer 1

Absolutely yes

Question 2

Is sex/sexual intimacy between a psychologist and a trainee, student (you’re teaching), or research participant prohibited?

Answer 2

Absolutely yes

Question 3

Can you treat former sexual partners?

Answer 3

Absolutely not

Question 4

When can you engage in sexual intimacies with a client?

Answer 4

After two years following termination and even then under very limited circumstances

Question 5

What must you demonstrate if you do engage in a relationship with a former client? (7 main points)

Answer 5

• Amount of time passed since professional relationship ended
• Nature and duration of therapy
• the circumstances of termination
• the client’s personal history (e.g. vulnerabilities)
• client’s current mental status
• Statements or actions made by psychologist during the course of therapy and whether it invited post-termination sexual contact
• Likelihood of adverse impact to the client

Question 6

What is barred during disciplinary hearings if you have a relationship with a client/former client?

Answer 6

• The client’s consent cannot be used a defense

- Opinion evidence or reputation or history of sexual conduct of the client

Question 7

in a therapist-client relationship, Who has the responsibility of proving that the relationship is not exploitative?

Answer 7

It is the sole responsibility of the psychologist

Question 8

Can the psychologist enter into an impairment program if they are accused of sexual intimacies with a client?

Answer 8

No

Question 9

What are the guidelines and timelines for reporting a licensee’s legal history? (2 main points)

Answer 9

A licensee shall notify the Board of having been convicted of a felony or misdemeanor,

• within 30 days of the conviction,
• or on the biennial renewal application,

whichever is sooner.

A licensee shall notify the Board of disciplinary action in the nature of a final order taken against them by the licensing authority of another state, territory, or country

• within 90 days of receiving notice of the disciplinary action,
  or on the biennial renewal application

whichever is sooner.

Question 10

What are the guidelines for a licensee who voluntarily surrendered a license, in lieu of discipline, and has been actively suspended or revoked? When must they do this?

Answer 10

• return the suspended or revoked license to theBoard
• notify all current clients/patients and any individuals obtaining supervision of the disciplinary action in writing within 30 days of receiving notice of the disciplinary action.

Question 11

When informing clients and supervisees of the suspension/revocation, what must you include? (4 main points)

Answer 11

The notice must contain the following:

(1) The sanction imposed.
(2) The effective date and length of the sanction.
(3) The nature of the violation.
(4) A statement that the licensee will assist patients in obtaining alternative professional resources and in transferring psychological records.