| (a) Definitions.
(1) Sexual contact--Any touching or behavior that can
be construed as sexual in nature or as defined by the Texas Penal
Code, §21.01, relating to assault.
(2) Therapeutic deception--A licensee's act or statement
representing that sexual contact or sexual exploitation between the
licensee and a client or client group is a valid part of the treatment
process.
(3) Sexual exploitation--A pattern, practice or scheme
of exploitation, which may include, but is not limited to, sexual
contact with a client.
(b) A licensee shall not engage in sexual contact or
sexual exploitation with a client or former client; a supervisee of
the licensee; or a student at an educational institution at which
the licensee provides professional or educational services.
(c) A licensee shall not practice therapeutic deception
of a client or former client.
(d) It is not a defense to a disciplinary action under
subsections (a) - (c) of this section, if the person was no longer
emotionally dependent on the licensee when the sexual exploitation
began, the sexual contact occurred, or the therapeutic deception occurred.
It is also not a defense that the licensee terminated services with
the person before the date the sexual exploitation began, the sexual
contact occurred or the therapeutic deception occurred.
(e) It is not a defense to a disciplinary action under
subsections (a) - (c) of this section, if the sexual contact, sexual
exploitation, or therapeutic deception with the person occurred with
the client's consent; outside appointments with the client; or off
the premises the licensee used for appointments with the client.
(f) A licensee shall report sexual misconduct in accordance
with Texas Civil Practice and Remedies Code, Chapter 81, relating
to sexual exploitation by a mental health services provider. If a
licensee has reasonable cause to suspect that a client has been the
victim of sexual exploitation, sexual contact, or therapeutic deception
by another licensee or a mental health services provider, or if a
client alleges sexual exploitation, sexual contact, or therapeutic
deception by another licensee or a mental health services provider,
the licensee shall report the alleged conduct not later than the 30th
day after the date the licensee became aware of the conduct or the
allegations to:
(1) the prosecuting attorney in the county in which
the alleged sexual exploitation, sexual contact or therapeutic deception
occurred; and
(2) the Council if the conduct involves a licensee
and any other state licensing agency which licenses the mental health
services provider.
(3) Before making a report under this subsection, the
licensee shall inform the alleged victim of the licensee's duty to
report and shall determine if the alleged victim wants to remain anonymous.
(4) A report under this subsection shall contain information
necessary to identify the licensee; identify the alleged victim, unless
the alleged victim has requested anonymity; express suspicion that
sexual exploitation, sexual contact, or therapeutic deception occurred;
and provide the alleged perpetrator's name.
(g) The following may constitute sexual exploitation
if done for sexual arousal, sexual gratification, or sexual abuse
of either the social worker or a person who is receiving or has received
the licensee's professional services as a social worker:
(1) sexual harassment, sexual solicitation, physical
advances, verbal or nonverbal conduct that is sexual in nature;
(2) any behavior, gestures, comments, or expressions
which may reasonably be interpreted as inappropriately seductive or
sexual, including making sexual comments about a person's body or
making sexually demeaning comments about an individual's sexual orientation,
or making comments about potential sexual performance except when
the comment is pertinent to issues of sexual function or dysfunction
in counseling;
(3) initiating conversation about the licensee's sexual
problems, preferences, or fantasies; or requesting details of sexual
history or sexual likes and dislikes when those details are not necessary
for counseling;
(4) kissing or fondling, or making any other deliberate
or repeated comments, gestures, or physical acts of a sexual nature,
even if they are not sexually intimate;
(5) making a request to date;
(6) exposing genitals, anus or breasts; or
(7) encouraging another person to masturbate in the
licensee's presence; or the licensee masturbating in front of another
person.
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