| (a) "Sexual Harassment" means sexual advances, requests
for sexual favors, or other verbal or physical conduct or contact
of a sexual nature that has the purpose or effect of creating an intimidating,
hostile, or offensive environment and that occurs within a professional
relationship. The determination of whether conduct or comments rise
to the level of sexual harassment must be made based upon the totality
of the circumstances, and from the viewpoint of a reasonable person.
Sexual harassment does not include simple teasing, offhand comments,
or isolated incidents that are not serious in nature.
(b) "Sexual Impropriety" is deliberate or repeated
comments, gestures, or physical acts of a sexual nature that include,
but are not limited to:
(1) Behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexually demeaning;
(2) Making inappropriate comments about an individual's
body;
(3) Making sexually demeaning comments to an individual;
(4) Making comments about an individual's potential
sexual performance, except when the examination or consultation is
pertinent to the issue of sexual function or dysfunction in therapy/counseling;
(5) Requesting details of a patient or client's sexual
history when not clinically indicated for the type of consultation;
(6) Requesting a date;
(7) Initiating conversation regarding the sexual problems,
preferences, or fantasies of either party; or
(8) Kissing of a sexual nature.
(c) A sexual relationship is the engaging in any conduct
that is sexual or may be reasonably interpreted as sexual in nature
including, but not limited to:
(1) Sexual intercourse;
(2) Genital contact;
(3) Oral to genital contact;
(4) Genital to anal contact;
(5) Oral to anal contact;
(6) Touching breasts or genitals;
(7) Encouraging another to masturbate in one's presence;
(8) Masturbation in another's presence; or
(9) Exposure of sexual organs, breasts or buttocks.
(d) A dating relationship is a relationship between
individuals who have or have had a continuing relationship of a romantic
or intimate nature, but does not include a casual acquaintanceship
or ordinary fraternization in a business or social context. The existence
of such a relationship shall be determined based on consideration
of:
(1) The length of the relationship;
(2) The nature of the relationship; and
(3) The frequency and type of interaction between the
persons involved in the relationship.
(e) A licensee may not engage in sexual harassment,
sexual impropriety, or a sexual relationship with a current patient
or client; a former patient or client over whom the licensee has influence
due to a therapeutic relationship; current students or trainees of
the licensee; individuals who the licensee knows to be the parents,
guardians, spouses, significant others, children, or siblings of current
patients or a supervisee over whom the licensee has administrative
or clinical responsibility. A licensee may not engage in a sexual
relationship with individuals who the licensee knows to be the parents,
guardians, spouses, significant others, children, or siblings of former
patients for at least two years after termination of services.
(f) A licensee may not engage in a dating relationship
with a current client or former client over whom the licensee has
influence due to therapeutic relationship; current students or trainees
of the licensee; individuals who the licensee knows to be the parents,
guardians, spouses, significant others, children, or siblings of current
clients, or a supervisee over whom the licensee has administrative
or clinical responsibility. A licensee may not engage in a dating
relationship with individuals who the licensee knows to be the parents,
guardians, spouses, significant others, children, or siblings of former
clients, for at least two years after termination of services. A licensee
may never engage in a dating relationship when there is potential
for harm to any of these individuals.
(g) Licensees do not accept as patients individuals
with whom they have engaged in sexual relationships.
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