CPLEE - CA Laws That Guide the Specifics of Clinical Practice: Psychotherapist Sexual Exploitation
These laws address psychotherapist sexual exploitation, prohibiting any sexual contact between a therapist and a current or former patient within two years of termination. They provide legal remedies for victims and outline professional consequences, reinforcing the ethical obligation to maintain appropriate therapeutic boundaries.
The ___________________________ and the _________________ (Section 43.93) address psychotherapist sexual exploitation.
Business and Professions Code
Civil Code
Key Terms
The ___________________________ and the _________________ (Section 43.93) address psychotherapist sexual exploitation.
Business and Professions Code
Civil Code
It is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under 3 conditions:
When the patient is __________________________
Within ___ years following termination of therapy
By means of therapeutic _______________
Receiving psychotherapy from the therapist
2 Deception
Psychotherapist _______________________ includes:
Intercourse
Sodomy
Oral copulation
Sexual contact (defined as “touching an __________________”)
Sexual exploitation
Intimate part
Sexual exploitation is a ____________________.
Public offense.
A single act of sexual exploitation by a psychologist, or multiple acts of sexual exploitation with a single victim when the offender has no prior conviction for sexual exploitation is punishable by:
Imprisonment in a _________________ for up to _______________
A fine of up to $__________
Both
County jail
6 months
$1000
Sexual exploitation with two or more victims, or two or more acts with a single victim when there is a prior conviction for sexual exploitation may either result in:
Imprisonment in county jail for up to __________
A fine of up to $1000
Both
Imprisonment in a state prison for ___ months, 2 years, or ___ years
A fine of up to $_____________
Both
1 year
16 months
3 years
$10,000
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| Term | Definition |
|---|---|
The ___________________________ and the _________________ (Section 43.93) address psychotherapist sexual exploitation. | Business and Professions Code Civil Code |
It is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under 3 conditions: When the patient is __________________________ Within ___ years following termination of therapy By means of therapeutic _______________ | Receiving psychotherapy from the therapist 2 Deception |
Psychotherapist _______________________ includes: Intercourse Sodomy Oral copulation Sexual contact (defined as “touching an __________________”) | Sexual exploitation Intimate part |
Sexual exploitation is a ____________________. | Public offense. |
A single act of sexual exploitation by a psychologist, or multiple acts of sexual exploitation with a single victim when the offender has no prior conviction for sexual exploitation is punishable by: Imprisonment in a _________________ for up to _______________ A fine of up to $__________ Both | County jail 6 months $1000 |
Sexual exploitation with two or more victims, or two or more acts with a single victim when there is a prior conviction for sexual exploitation may either result in: Imprisonment in county jail for up to __________ A fine of up to $1000 Both Imprisonment in a state prison for ___ months, 2 years, or ___ years A fine of up to $_____________ Both | 1 year 16 months 3 years $10,000 |
When a therapist is found guilty of sexual contact with a patient or former patient within two years of termination of treatment, the therapist’s _____________________. A judge may not stay this. | License is revoked. |
Any psychotherapist who becomes aware through a patient that the patient has had a sexual relationship with a psychotherapist during the course of treatment has a legal obligation to __________________________, and to discuss it with the patient. | Give the patient the brochure entitled “Professional Therapy Never Includes Sex.” |
The _____________________________ is responsible for preparing and disseminating the “Professional Therapy Never Includes Sex” brochure, which includes: A definition of psychotherapist-patient sexual contact A description of _____________________ to psychotherapist-patient sexual contact A patient’s bill of rights A description of administrative, civil, and professional association ___________________ A description of support services available for victims of sexual misconduct | Department of Consumer Affairs Common reactions Complaint procedures |
There ________ law that requires a psychologist to report sexual misconduct by a colleague to the BOP, when the psychologist becomes aware of the misconduct in the course of a patient-therapist relationship. | Is no. |
A psychologist may only report to the BOP on behalf of a sexually exploited patient if the patient gives __________________. | Written authorization. |