Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 41 - STATE BOARD OF PSYCHOLOGY
SEXUAL INTIMACIES
Section 41.84 - Disciplinary proceedings
Current through Register Vol. 54, No. 44, November 2, 2024
(a) The consent of an individual to engage in sexual intimacies with the psychologist may not be a defense in any disciplinary action brought under §§ 41.81-41.83 (relating to prohibited conduct; former sexual partners as client patients; and sexual intimacies with a former client/patient or, an immediate family member of a former client/patient).
(b) With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of an individual may be admissible in a disciplinary action brought under §§ 41.81-41.83.
(c) In a disciplinary proceeding brought under §§ 41.81-41.83, the psychologist shall have the burden of proving that there has been no exploitation of the client/patient in light of all of the relevant factors enumerated under § 41.83(b)(1)-(7).
The provisions of this §41.84 issued under section 3.2(2) of the Professional Psychologist's Practice Act (63 P. S. § 1203.2(2)).
