64B4-10.002. Definition of Sexual Misconduct

64B4-10.002 Definition of Sexual Misconduct. (1) It is sexual misconduct for a psychotherapist to engage, attempt to engage, or offer to engage a client in sexual behavior, or any behavior, whether verbal or physical, which is intended to be sexually arousing, including kissing; sexual intercourse, either genital or anal; cunnilingus; fellatio; or the touching by either the psychotherapist or the client of the other’s breasts, genital areas, buttocks, or thighs, whether clothed or unclothed. (2) It is sexual misconduct for a psychotherapist to encourage the client to engage in sexual conduct with a third party unless: (a) Such encouragement is consistent with the planned treatment of the client’s specifically diagnosed mental, social, or sexual dysfunctions or disorders; and, (b) Treatment is provided in accordance with generally accepted professional standards for psychotherapy in this State.