Rule 4731-26-02. Prohibitions

119.03 Sexual 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. Last updated September 30, 2021 at 8:36 AM Supplemental Information Authorized By: 4730.07 , 4731.05 , 4759.05 , 4760.19 , 4761.03 , 4762.19 , 4774.11 , 4778.12 Amplifies: 4730.25 , 4731.22 , 4759.07 , 4760.13 , 4761.09 , 4762.13 , 4774.13 , 4778.14 9/30/2026 11/30/2006