Section 868 IAC 1.1-11-4.5 - Sexual misconductAuthority: IC 25-33-1-3
Affected: IC 25-33-1
Sec. 4.5.
(a) A psychologist shall not engage in sexual intimacies with current patients or clients.(b) A psychologist shall not accept, as therapy patients or clients, persons with whom they have engaged in sexual intimacies.(c) A psychologist shall not engage in sexual intimacies with a former therapy patient or client for at least two (2) years after cessation or termination of professional services.(d) A psychologist who engages in sexual intimacies with a former therapy patient or client after the two (2) years following the cessation or termination of treatment bears the burden of demonstrating that there has been no unjust exploitation of the patient or client, in light of all relevant factors, including the following:(1) The amount of time that has passed since therapy terminated.(2) The nature and duration of the therapy.(3) The circumstances of termination.(4) The patient's or client's personal history.(5) The patient's or client's current mental status.(6) The likelihood of adverse impact on the patient or client and others.(7) Any statements or actions made by the psychologist during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client or patient.State Psychology Board; 868 IAC 1.1-11-4.5; filed Dec 27, 1993, 9:00 a.m.: 17 IR 1002; readopted filed Apr 23, 2001, 11:30 a.m.: 24 IR 2896; readopted filed Oct 4, 2007, 3:32 p.m.: 20071031-IR-868070065RFA; readopted filed November 25, 2013, 9:24 a.m.: 20131225-IR-868130289RFAReadopted filed 11/25/2019, 12:24 p.m.: 20191225-IR-868190190RFA