N.J. Admin. Code § 13:34D-6.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:34D-6.4 - Sexual misconduct and harassment

(a) As used in this section, the following terms have the following meanings, unless the context indicates otherwise:

"Client" means any person who is the recipient of an art therapy service rendered by a licensee. "Client" for purposes of this section also means a person who is the subject of professional assessment even if the purpose of that assessment is unrelated to treatment.

"Harassment" means one egregious act or repeated comments, contacts, or gestures that are based upon the following and that have the purpose or effect of intimidating or offending the individual based upon his or her race, religion, color, gender, national origin, marital status, sexual orientation, physical, or mental disability.

"Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or client's body into or near the genital, anal, or other opening of the other person's body.

"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of art therapy services, and that is either unwelcome, offensive to a reasonable person, or creates a hostile work place environment, and the licensee knows, should know, or is told this, or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act, or multiple acts, and may include, but is not limited to, conduct of a licensee with a client, co-worker, employee, student, supervisee, or research subject, whether or not such individual is in a subordinate position to the licensee.

(b) A licensee shall not seek, solicit, or engage in sexual contact with a client with whom he or she has a current client-art therapist relationship.

(c) In circumstances where the client is, or should be recognized by the licensee as, clearly vulnerable by reason of emotional or cognitive disorder to exploitive influence by the licensee, the prohibition on sexual contact shall extend indefinitely.

(d) A licensee shall not engage in sexual harassment in a professional setting (including, but not limited to, an office, hospital, or health care facility) or outside of the professional setting.

(e) A licensee shall not accept as a client, a current or former sexual partner.

(f) A licensee shall not conduct or engage in therapy groups, activities that promote, allow, or involve physical contact of a sexual nature between the licensee and group members or between group members themselves.

(g) A licensee shall not engage in any discussion of an intimate sexual nature with a client, unless that discussion is directly related to legitimate client needs and furthers the client's art therapy treatment. At no time shall any such discussions include disclosure by the licensee to the client of his or her own intimate sexual relations or relationships.

(h) A licensee shall not engage in any other activity in an art therapy relationship that would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or is for the sexual arousal, sexual gratification, or sexual abuse of the licensee or client.

(i) A licensee shall not seek, solicit, or engage in sexual contact with a current client's immediate family member, a former client, a former client's immediate family member, or a former student when counseling services were rendered to the client, former client, or former student within the immediately preceding 24 months, or with a current student, a current direct supervisor or supervisee, or a current research subject. A licensee shall not seek, solicit, accept, or participate in sexual contact with any person in exchange for professional services.

(j) A licensee shall not condone or engage in any form of harassment in a professional setting including, but not limited to, an office, hospital, or health care facility, or outside the professional setting.

(k) Violation of any of the prohibitions or directives set forth in (b) through (j) above shall be deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21.c and d respectively, or professional misconduct pursuant to N.J.S.A. 45:1-21.e.

(l) It shall not be a defense to any action under this section that:

1. The client, the client's immediate family member, former client, the former client's immediate family member, student, supervisor, supervisee, or research subject solicited or consented to sexual contact with the licensee; or

2. The licensee was in love with or had affection for the client, the client's immediate family member, former client, the former client's immediate family, student, supervisor, supervisee, or research subject.

N.J. Admin. Code § 13:34D-6.4

Adopted by 51 N.J.R. 1674(a), effective 11/18/2019