Ohio Admin. Code 4731-26-02 - Prohibitions
Sexual misconduct, as that term is defined in paragraph (H) of rule 4731-26-01 of the Administrative Code, between a licensee and a patient is never diagnostic or therapeutic.
(A) A licensee shall not
engage in sexual misconduct with a patient or key third party, as that term is
defined in paragraph (C) of rule
4731-26-01 of the
Administrative Code.
(B) Conduct
included within the definition of sexual misconduct occurring between a
licensee and a former patient constitutes sexual misconduct and is prohibited
if it meets any of the following criteria:
(1)
The conduct occurred within ninety days after the licensee-patient relationship
was terminated;
(2) The conduct
occurred between a psychiatrist and a person to whom the psychiatrist formerly
provided psychiatric or mental health services, and the conduct is in violation
of the code of ethics of the "American Psychiatric Association"; or
(3) The board determines that the conduct
constitutes sexual misconduct upon consideration of the following factors:
(a) The duration of the licensee-patient
relationship;
(b) The nature of the
health care services provided;
(c)
The lapse of time since the licensee-patient relationship ended;
(d) The extent to which the former patient
confided personal or private information to the licensee;
(e) The degree of emotional dependence that
the former patient has or had on the licensee; and
(f) The extent to which the licensee used or
exploited the trust, knowledge, emotions, or influence derived from the
previous licensee-patient relationship.
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14
Prior Effective Dates: 11/30/2006, 11/30/2010
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