N.J. Admin. Code § 13:42A-7.8

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

Section 13:42A-7.8 - Sexual misconduct

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

"Patient" means any person who is the recipient of psychoanalytic services rendered by a certificate holder. "Patient" for purposes of this section also means a person who is the subject of professional consultation or evaluation even if the purpose of that consultation or evaluation is unrelated to treatment.

"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 a State-certified psychoanalyst'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 State-certified psychoanalyst's body upon a part of the patient's body, sexual penetration or the insertion or imposition of any object or any part of a State-certified psychoanalyst's or patient'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 non-verbal conduct, that is sexual in nature, and which occurs in connection with a State-certified psychoanalyst's activities or role as a provider of psychoanalytic services, that is either unwelcome, offensive to a reasonable person or creates a hostile work place environment and the State-certified psychoanalyst knows, should know or is told this, or that 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 State-certified psychoanalyst with a patient, co-worker, employee, employer, student, supervisee or supervisor whether or not such individual is in a subordinate position to the State-certified psychoanalyst.

(b) A State-certified psychoanalyst shall not engage in sexual contact with a current patient, a former patient to whom psychoanalytic services were rendered within the immediately preceding 24 months, a current student, a direct supervisee or supervisor or a research subject.

(c) In circumstances where any of the persons listed in (b) above are, or should be, recognized by the State-certified psychoanalyst as clearly vulnerable by reason of emotional or cognitive disorder to exploitive influence by the State-certified psychoanalyst, the prohibition on sexual contact shall extend indefinitely.

(d) A State-certified psychoanalyst 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 State-certified psychoanalyst shall not accept as a patient a former sexual partner.

(f) Violation of any of the prohibitions or directives set forth at (b) through (e) above shall be deemed to constitute professional misconduct pursuant to 45:1-21(e).

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

1. The patient solicited or consented to sexual contact with the State-certified psychoanalyst; or

2. The State-certified psychoanalyst was in love with or had affection for the patient.

N.J. Admin. Code § 13:42A-7.8