(a) The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
otherwise.
(1) Mental health services--The assessment, diagnosis,
treatment, or therapy in a professional relationship to assist an
individual or group in:
(A) alleviating mental or emotional illness, symptoms,
conditions, or disorders, including alcohol or drug addiction;
(B) understanding conscious or subconscious motivations;
(C) resolving emotional, attitudinal, or relationship
conflicts; or
(D) modifying feelings, attitudes, or behaviors that
interfere with effective emotional, social, or intellectual functioning.
(2) Sexual contact--
(A) deviate sexual intercourse as defined by Texas
Penal Code, §21.01;
(B) sexual contact as defined by Texas Penal Code, §21.01;
(C) sexual intercourse as defined by Texas Penal Code, §21.01;
(D) requests by a licensee for conduct described by
subparagraph (A), (B), or (C) of this paragraph.
(3) Sexual exploitation--A pattern, practice, or scheme
of conduct, which may include sexual contact, that can reasonably
be construed as being for the purposes of sexual arousal or gratification
or sexual abuse of any person. The term does not include obtaining
information about a client's sexual history within standard accepted
practice.
(4) Therapeutic deception--A representation by a licensee
that sexual contact with, or sexual exploitation by, the licensee
is consistent with, or a part of, a client's or former client's therapy.
(b) A licensee may not engage in sexual contact with
a person who is:
(1) a client or a former client;
(2) a supervisee, an LMFT Associate, or an intern for
whom the licensee has administrative or clinical responsibility;
(3) a student in a marriage and family therapy graduate
program in which the licensee offers professional or educational services;
or
(4) a clinical supervisor or supervisee of the licensee.
(c) A licensee may not provide therapeutic services
to a person with whom the licensee has had a sexual relationship.
(d) A licensee may not practice therapeutic deception
or sexual exploitation.
(e) It is not a defense under subsections (b) - (d)
of this section, if the sexual contact, sexual exploitation, or therapeutic
deception with the person occurred:
(1) with the consent of the person;
(2) outside the therapy, treatment or supervision sessions,
classes, or work hours of the person; or
(3) off the premises regularly used by the licensee
for the therapy, treatment or supervision sessions, classes, or work
hours of the person.
(f) The following, when done in the context of professional
services, is considered sexual exploitation.
(1) Sexual harassment, sexual solicitation, physical
advances, or verbal or nonverbal conduct that is sexual in nature
and:
(A) is offensive or creates a hostile environment,
and the licensee knows or is told this; or
(B) is sufficiently severe or intense to be abusive
to a reasonable person in the context.
(2) Any behavior, gestures, or expressions which may
reasonably be interpreted as inappropriately seductive or sexual.
(3) Inappropriate sexual comments about or to a person,
including making sexual comments about a person's body.
(4) Making sexually demeaning comments to or about
an individual's sexual orientation.
(5) Making comments about potential sexual performance
except when the comment is pertinent to the issue of sexual function
or dysfunction in therapy or treatment.
(6) Requesting details of sexual history or sexual
likes and dislikes when not necessary for therapy or treatment of
the individual.
(7) Initiating conversation regarding the sexual likes
and dislikes when not necessary for therapy or treatment of the individual.
(8) Kissing or fondling.
(9) Making a request for non-professional social contact.
(10) Any other deliberate or repeated comments, gestures,
or physical acts not constituting sexual intimacies but of a sexual
nature.
(11) Any intentional exposure of genitals, anus, or
breasts.
(12) Encouraging a client, student, supervisee, intern,
LMFT Associate, or former client to masturbate in the presence of
the licensee.
(13) Masturbation by the licensee when a client, student,
supervisee, intern, LMFT Associate, or former client is present.
(g) Examples of sexual contact includes those activities
and behaviors described in Texas Penal Code, §21.01.
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