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CPLEE - CA Laws That Guide the Specifics of Clinical Practice: Psychotherapist Sexual Exploitation

Law School Admission Test11 CardsCreated 12 days ago

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

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Key Terms

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

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TermDefinition

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.