Ohio Admin. Code 4757-5-04 - Standards of ethical practice and professional conduct: sexual relationships
(A)
Licensees and registrants of the counselor, social worker, and marriage and
family therapist board shall not engage in sexual relations with current
clients, whether such contact is consensual or forced. A client of the agency
is considered a client of each licensee or registrant employed or contracted at
the agency for purposes of ethics under the sexual relationships section of
this chapter. The duty of the licensee is based on that particular licensee's
knowledge of a client's identity prior to starting a relationship.
(B) Licensees and registrants shall not have
sexual relations with clients and shall not counsel persons with whom they have
had a sexual relationship.
(C)
Licensees and registrants shall not engage in sexual relations with former
clients within a minimum of five years after terminating the therapeutic
relationship. Licensees and registrants who choose to engage in such a
relationship after a minimum of five years following termination have the
responsibility to thoroughly examine and document in the clients record that
such a relationship does not have an exploitative nature, based upon factors
such as duration of therapy, amount of time since therapy, termination
circumstances, client's personal history and mental status, adverse impact on
the client, power differentials, and actions by the professional suggesting a
plan with the client after termination.
(D) A client of the agency is considered a
client of each licensees or registrants employed or contracted by the agency
for purposes of ethics under the sexual harassment, multiple relationships and
sexual relationships sections of this rule. Licensees and registrants shall not
engage in sexual activities or sexual contact with clients' relatives or other
individuals with whom clients maintain a close personal relationship when there
is a risk of exploitation or potential harm to the client. Sexual activity or
sexual contact with clients' relatives or other individuals with whom the
client maintains a personal relationship has the potential to be harmful to the
client and may make it difficult for the counselor,
social worker or marriage and family therapist
licensee or registrant to maintain appropriate
professional boundaries. Licensees and registrants, not their clients, their
clients' relatives, or other individuals with whom the client maintains a
personal relationship assume the full burden for setting clear, appropriate,
and culturally sensitive boundaries. The duty of the licensee is based on that
particular licensee's knowledge of a client's identity prior to starting a
relationship.
Notes
Promulgated Under: 119.03
Statutory Authority: 4757.11
Rule Amplifies: 4757.11
Prior Effective Dates: 06/11/1985 (Emer.), 09/19/1985 (Emer.), 12/19/1985, 05/22/1986, 07/03/1997, 08/02/2001, 09/20/2002, 04/10/2004, 01/01/2006, 11/08/2007, 10/18/2009, 07/01/2016, 09/03/2018, 12/26/2023
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