Section 4731-26-02 - ProhibitionsSexual misconduct, as that term is defined in paragraph (H) of rule 4731-26-01 of the Administrative Code, between a licensee and a patient is never diagnostic or therapeutic.
(A) A licensee shall not engage in sexual misconduct with a patient or key third party, as that term is defined in paragraph (C) of rule 4731-26-01 of the Administrative Code.(B) Conduct included within the definition of sexual misconduct occurring between a licensee and a former patient constitutes sexual misconduct and is prohibited if it meets any of the following criteria:(1) The conduct occurred within ninety days after the licensee-patient relationship was terminated;(2) The conduct occurred between a psychiatrist and a person to whom the psychiatrist formerly provided psychiatric or mental health services, and the conduct is in violation of the code of ethics of the "American Psychiatric Association"; or(3) The board determines that the conduct constitutes sexual misconduct upon consideration of the following factors: (a) The duration of the licensee-patient relationship;(b) The nature of the health care services provided;(c) The lapse of time since the licensee-patient relationship ended;(d) The extent to which the former patient confided personal or private information to the licensee;(e) The degree of emotional dependence that the former patient has or had on the licensee; and(f) The extent to which the licensee used or exploited the trust, knowledge, emotions, or influence derived from the previous licensee-patient relationship.Ohio Admin. Code 4731-26-02
Effective: 9/30/2021
Five Year Review (FYR) Dates: 5/27/2021 and 09/30/2026
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14
Prior Effective Dates: 11/30/2006, 11/30/2010