N.J. Admin. Code § 13:42B-4.2

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

Section 13:42B-4.2 - Sexual misconduct

(a) The purpose of this section is to identify for licensees conduct that shall be deemed sexual misconduct.

(b) As used in this section, the following terms have the following meanings:

"Client" means any person who is the recipient of applied behavior analysis services.

"Client-licensee relationship" means a relationship between a licensee and a client in which the licensee owes a continuing duty to the client to render applied behavior analysis services consistent with the licensee's training and experience.

"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's or client's body into or near the genital, anal, or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body that is necessary during the performance of a generally accepted and recognized applied behavior analysis encounter.

"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, which occurs in connection with a licensee's activities or role as a licensee that is unwelcome or offensive to a reasonable person, or creates a hostile workplace environment or other clinical setting, and the licensee knows, should know, or is told. "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, or supervisee, whether or not such individual is in a subordinate position to the licensee.

(c) A licensee shall not engage in sexual contact with a client with whom the licensee has a client-licensee relationship. The client-licensee relationship is ongoing for purposes of this section, unless more than two years has elapsed since the last applied behavior analysis service was rendered and the relationship is actively terminated by way of written notice to the client and documentation in the client record; provided, however, the client-licensee relationship shall be considered ongoing for an indefinite period of time if the client, by reason of emotional or cognitive disorder, is vulnerable to the exploitative influence of the licensee.

(d) A licensee shall not engage in sexual contact with a family member or guardian of a client with whom the licensee has a client-licensee relationship. The client-licensee relationship is ongoing for purposes of this section, unless more than two years has elapsed since the last applied behavior analysis service was rendered and the relationship is actively terminated by way of written notice to the client and documentation in the client record.

(e) A licensee shall not seek or solicit sexual contact with a client with whom he or she has a client-licensee relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.

(f) A licensee shall not engage in any discussion of an intimate sexual nature with a person with whom the licensee has a client-licensee relationship, unless that discussion is directly related to a proper applied behavior analysis purpose. A licensee shall not discuss inappropriate details of their sexual relationships with a client.

(g) A licensee shall provide privacy conditions that prevent the exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect client privacy.

(h) A licensee shall not engage in sexual harassment either within or outside of the professional setting.

(i) A licensee shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the licensed applied behavior analyst's or licensed assistant applied behavior analyst's personal prurient interests, or which is for the sexual arousal, or sexual gratification, of the licensee or of a client or which constitutes an act of sexual abuse.

(j) Violation of any of the prohibitions or directives set forth at (c) through (i) above shall constitute professional misconduct pursuant to N.J.S.A. 45:1-21(e).

(k) It shall not be a defense to any action pursuant to this section that:

1. The client solicited or consented to sexual contact with the licensee; or

2. The licensee is in love with or held affection for the client.

N.J. Admin. Code § 13:42B-4.2

Adopted by 56 N.J.R. 782(a) effective 5/6/2024