Sec. 10.58.03.09. Sexual Misconduct

A. A counselor may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

(1) Inappropriate sexual language;

(2) Sexual exploitation;

(3) Sexual harassment;

(4) Sexual behavior; and

(5) Therapeutic deception.

B. Concurrent Sexual Relationships. A counselor may not engage in either consensual or forced sexual behavior with:

(1) A client;

(2) A student or supervisee over whom the counselor exercises professional authority, or with whom the counselor maintains evaluative responsibility, supervision, or education, while the professional relationship continues to exist; or

(3) An individual with whom the client has a close personal relationship, including but not limited to a relative or significant individual in the client's life, if there is a risk of exploitation or potential harm to the client.

C. Relationship with Former Clients.

(1) Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.

(2) A counselor may not terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.

(3) A counselor may enter into a relationship with an individual with whom a counselor's prior professional contact was brief, peripheral, consultative, or indirect, and did not constitute a therapeutic relationship.

D. Prior Sexual Relationships. A counselor may not provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.

E. Sexual Harassment.

(1) A counselor may not sexually harass a:

(a) Client;

(b) Student;

(c) Supervisee; or

(d) Supervisor.

(2) If sexually harassed by a client, a counselor shall:

(a) Seek professional consultation with another licensed health care professional;

(b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and

(c) Terminate the relationship with the client and assist in a referral to another health care provider.

F. Therapeutic Deception. A counselor may not:

(1) Engage in sexual activity with a client or an individual in a close personal relationship with a client, on the pretense of therapeutic intent or benefit;

(2) Represent to a client or individual in close personal contact with a client that sexual contact or activity by or with a counselor is consistent with or part of a client's therapy; or

(3) Suggest, recommend, or encourage a client to engage in a sexually provocative act, including but not limited to:

(a) Sexual contact with a counselor;

(b) Genital stimulation by or of a client or counselor;

(c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and

(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.