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Texas TAC RULE §681.42 Sexual Misconduct
(Regulation is reprinted at the end of this section)
of the Therapist Sexual Contact Boundary
We, as therapists, would like to think that mental
health professionals taking sexual advantage of their clients is a problem that
was left far behind in the free love era of the 70's and 80's and in the AIDS
awareness of the 90's. One would certainly feel this is not something to be concerned
with, especially in this lawsuit prone new millennium. Don't you hear at least
one advertisement per night on television from a lawyer pleading you to sue someone
♦ 3 Rationalizations for Sexual Violation
the truth is many mental health professions rely on a number of rationalizations
and assumptions that allow us to maintain certain beliefs about balancing the power in the therapeutic relationship regarding sexual contact boundary. Here
are three I've found. See where you fit.
1. Are you thinking, right now,
balancing therapeutic power regarding the sexual contact with clients no longer
2. Do you think that the occurrence of this contact is currently
3. Do you think that we are able to, "so
to speak," police ourselves; and that clients who complain are treated with
dignity and respect?
I feel beliefs that maintain the silence about abuse of patients,
clients, residents, etc. perpetuate these rationalizations.
belief is that understanding is the first step to learning. My hope is that you
feel you have a real interest in learning more about this complex and emotionally
Assess Therapist's Self-Talk
Bad Apple, Victim Blaming, and Sexism
you are uncomfortable with the topic of physical contact boundaries and the balance
of power with the mental health professional, take a second to do some honest
soul-searching to see if your self-talk falls into one of the following categories.
5 Categories of Therapist Self-Talk
♦ Category #1. The "Bad Apple" Theory
This first one is what I call the "Bad Apple Theory." It goes
something like this: therapists who abuse clients are "Bad Apples" that
bear no relation to the rest of the mental health profession. If
you feel this way... I feel your belief may be fueled by the few cases of repeated sexual abuse by a professional whose cruel and bizarre behavior seems far removed
from that of a caring and compassionate mental health professional.
to write these people off as sociopaths and take an "us-them" attitude,
but, in fact, problems with the "balance of power in the therapeutic relationship"
are a perpetual difficulty for therapists. Sometimes the line dividing abuse,
impropriety, and unethical professional behavior is blurred. This blur is indicated
in the articles found in your Course Content Manual.
♦ Category #2. Do You Want to Blame the Victim?
regarding your self-talk and this attitude assessment exercise, at a certain level,
do you want to blame the victim? Even when the sexual violation is recognized,
we may find ourselves looking at the victim's emotional problems or personality
traits. After all, haven't we all counseled clients who are on the borderline
of reality that could misconstrue even the most innocent remark or gesture as
a sexual violation?
you may know, focusing on client characteristics is a common strategy used by
lawyers who defend sexually abusive mental health professionals. We would like
to pathologize the client to such an extent that they appear to exonerate or partially exonerate the professional. I have found, in my practice, a typical description
of female clients who were sexually involved with their therapists was often depicted
by the opposing council as "hysterical" and promiscuous.
♦ Category #3. Sexism
regarding your self-talk, ask yourself, is sexism involved in your thinking?
The old saying, "Hell hath no fury like a woman scorned" seems to underlie
feelings of some judges in our court system today. One of my clients, I'll call
Mary, was found by the court to be making "false allegations." The court
felt these allegations were vindictive acts against her male therapists, whom
the court felt Mary perceived as being disinterested and rejecting.
♦ Category #4. Therapists Never Feel Attracted to Clients!
for whatever reason, you may feel that therapists never feel attracted to their
female clients. I'm surprised, when I talk with other mental health professionals,
because they see therapists as benign, compassionate eunuchs, so to speak,
far removed from the trials and tribulations of ordinary people. Some view
all therapists as dedicated and nurturing parental figures. Think about it...
this belief is carried over into college and university training programs, where
there is little or no instruction pertaining to sexual attraction to clients.
♦ Category #5. What is Your Professional Code of Ethics?
in this attitude assessment is: what is your professional code of ethics?
Do you feel we are totally able to police ourselves, so to speak? Do you feel
mental health professions are able to stand apart from their biases, like the
ones just mentioned?
'Special Status Role'
Are you the Sun? the Moon? the Stars?
The next question that may arise in your mind
is "How can sexual abuse of a client by a therapist come about?" With
those clients I've treated who've suffered abuse, I've noticed a certain pattern.
Pattern of Sexual Abuse Victimization
victim, who is seeking help for a disorder or problem, may have some vulnerability
in addition to being in the patient or client role. For example, in Mary's case,
she was going through a divorce. The mystique and authority of the role of the
"therapist" created a situation in which she saw the therapists as having
some sort of special healing powers. Thus she felt she needed to comply with his
directions, advice, and suggestions.
Once the treatment began, the therapist came
to have a parent-like importance to her. She described feeling like a young child,
anxious to comply readily with her therapist's advice and suggestions. Admittedly,
we have all had clients that place us in this role and give their power away to
us, thus creating an imbalance.
♦ The Unique Emotional Component - Faith
relationship between mental health professional and client, as you know, is not
just a business relationship. Its unique emotional component helps explain the
faith clients have in us. This faith adds to the emotionally charged factors of
power, superiority, and self-esteem. The therapeutic relationship gives the professional
authority to enter and explore vulnerable aspects of your client's minds.
as children to embrace the superiority and power of professionals, some of our
clients readily admire their therapist's positions or titles, respect our knowledge,
comply with our directions, and defer to our opinions. Because our clients have
faith in us as professionals, they believe that they will be taken care of, and
make a commitment to us. This added ingredient of "faith" often triggers
clients to comply automatically, and without hesitation, causing a dramatic shift
in power in the therapeutic relationship.
"He was everything to me..."
"Special Status Role" accorded to Mental Health Professionals was evident
when Mary talked to me about her therapist. "He was everything to me
-- sun, moon, stars, mother, father, confessor, everything." She had faith
that the professional was a person of honesty and integrity who had only her best
interests at heart. In the initial sessions with the therapist, I'll call him
Russ, he was able to relieve some of Mary's stress related to her divorce. This
reinforced even further for her that the professional had some special healing
Abusive Therapy - A Story of Professional Manipulation
the case of the power-abusing therapist, a second key to the pattern is that the
therapist is usually also going through a life crisis and emotional difficulty
that seriously impairs his or her judgment.
Let's focus more now on the case of Mary. Mary shared with me that her therapist stated feeling "trapped in his marriage due to having two children he felt 'talked into' by his wife."
3-Step Progression in the Case Study of Mary
♦ #1. Meeting His Own Needs - Instead of the Client's
with Mary, the balance of power shifted to unprofessional conduct when the therapist's
responsibility to act only in the client's best interests, gradually began to
reframe or reshape the relationship in a way that allowed him to meet his own
(rather than Mary's) needs.
clients or patients, as you might guess, quickly perceive that they are being
treated inappropriately and terminate the therapy relationship. However, others,
like Mary, get trapped and may stay in exploaitive or abusive client-therapist
a time, Mary felt wonderful, viewing herself as special and feeling very nurtured,
cared for, and cared about, but obviously what was really happening was quite
professional's manipulation of the situation, combined with his mystique so to
speak, and the power imbalance of the professional relationship made the situation
more complicated. Combine this with Mary's vulnerability and you can see what
kept her in an emotionally detrimental situation. This situation, clearly undermined
her mental health and stifled her emotional growth. In addition, needless to say,
Mary was not working on her problems or difficulties regarding adjustment to her
divorce that took her to the professional in the first place.
♦ #2. How the Abusive Therapy Relationship Ended
may be wondering, how Mary's abusive therapy relationship ended. When she arrived
early for an appointment one day and observed a long embrace between her therapist
and another female client, she began to see the true picture and realized the
relationship was damaging her and that she must leave.
terminating the relationship did not end Mary's problems. She was left with even
more difficulties and stress than when she started. Now she had the after-effects
of a sexual post-traumatic stress disorder.
other obstacles also remained, not the least of which was the lack of support
from others in her life. Mary's mother felt that she should have known better
and viewed her as merely having had an affair with a married man. Because of her
mother's comments, Mary, a 35 year-old, was unable to gather the courage to seek
out added help from friends and relatives who may have been supportive. Mary blamed herself and felt ashamed
♦ #3. Finding a Therapist She Could Trust
you might guess Mary was left with major difficulties regarding trust, and was
at first unable immediately to seek further therapy after the incident. When
Mary began trying to understand and heal from the damage done to her, she had
yet another hurdle to face which was that of finding a therapist she could trust.
Mary had received my name via a word-of-mouth recommendation.
years after seeing the abusive therapists, Mary had moved twice and came to me
blaming herself and feeling deeply ashamed. Her presenting problem was an inability
to get along with co-workers, as well as to sustain a long term relationship following
Unethical Role Reversal,
Professional Privilege, Double Bind and Secrecy
According to Pinfold, there are four characteristics that separate the normal power imbalance in a therapeutic relationship from an unethical power imbalance.
A normal power imbalance may exist for you because some of your clients may perceive you as being a "healing guru" so-to-speak. However, the four characteristics of indulgence of role reversal, professional privilege, double bind interlock, and secrecy all set in motion a series of relational changes that create a new system of power with a force all of its own.
4 Characteristics of Relational Power-Imbalance
♦ 1. Role Reversal
Regarding role reversal and shifting the emphasis from helping the client to meeting the professional’s needs, the professional may rationalize to his or herself their behavior by claiming that they are still meeting the clients needs. The client becomes the caretaker, and the professional can now look to the client to satisfy his or her needs, thus twisting the ethics of care. But the professional does not give up the control in the relationship and still defines the boundaries according to his or her own needs.
♦ 2. Indulgence of Professional Privilege
Secondly, regarding indulgence of professional privilege, for instance the professionals needs and the clients vulnerability may combine to present an opportunity for the professional to exploit the relationship. A sense of entitlement may be used to allow the professional to intrude on the client. Mary was told that the sexual contact during the session was therapeutic for her. By engaging in this activity Russ, her therapist, told her she was learning to love again and not hate men.
♦ 3. Double Bind
Thirdly, the double bind is a form of a paradoxical communication that takes place in which the therapist expresses a message that can be interpreted in two, or contradictory, or mutually exclusive ways. Here’s how this double bind worked with Mary. She felt a commitment to action due to the faith she had placed in the therapeutic relationship.
♦ 4. Secrecy
The fourth and final characteristic that separates a normal therapy power imbalance from an unethical power imbalance is that of secrecy. The secrecy element in Mary’s case was played out by scheduling her at the end of the day, after others had left the office. Also at times the therapist would suggest another location for the session, like the therapist’s or the client’s house.
M. R. (1992). At Personal Risk: Boundary Violations in Professional Client Relationships.
New York: W.W. Norton.
4 Warning Signs of Client Power Entrapment
factors, or the environment, may play a part in facilitating the onset of an
abusive relationship. In pointing this out, I remove no responsibility from
the therapist. The responsibility of the abuse lies with the therapist because
the removal of constraints is planned by this professional.
♦ 3 Situational Factors of an Abusive Relationship
are three examples of situational factors being manipulated by the therapists to remove constraints.
-- 1. First, Mary's therapist told her to make a late appointment,
after the secretary had left.
-- 2. Second, he knew that her husband had
moved out following the divorce. He invited himself to her home for a "cup
-- 3. Third, he invited her to his house to read a copy
of the play he had written on a weekend, when his wife and two children were in
another city visiting relatives.
the situational factors, it might be interesting to note at this time that the
literature suggests the lower incidence of client abuse by social workers as opposed
to psychiatrists and other mental health professionals might be attributable to
their work situations. The work situation of a social worker working for an agency
is often the setting of a busy public office.
♦ Intense Feelings Bound up in the Relationship
second warning sign, as mentioned earlier, is client vulnerability. Attachment
Theory plays a major role here. As you know, children develop attachments to their
parents, siblings, and other family members. The quality of these attachments
depends on a number of factors, including the consistency and availability of
the main parent figure, or "primary caretaker."
As was the case with
Mary, during her first three years, she was exposed to repeated parental absence,
emotional unavailability, and abuse. She thus developed a tendency for "anxious attachments," with clinging behavior and fears of being separated from significant
others. She learned about this abuse from an aunt. This abuse led to her tendency
to cling to important others, be possessive, and fear abandonment. As you know,
relationships based on such characteristics are sometimes called "symbiotic",
meaning that there is a psychological fusion of two people. The symbiotic relationship,
or in some cases codependent relationship, allows the person to avoid re-experiencing
the vulnerabilities and anxieties of childhood, thus causing a power imbalance
♦ Idealizing the Professional
person is more likely to form a symbiotic relationship with a mental health professional.
As a result, they end up idealizing the professional clinging to them and fearing
abandonment. Specifically in the case of Mary, she was unable to leave the relationship,
even though it was damaging and exploitative. Kenneth Pope who wrote "Sexual
Involvement with Therapists" indicates connections between childhood abuse
and symbiotic or codependent relationships with an abusive therapist almost seems
to orchestrate the client's enslavement.
♦ The Wish for an Omnipotent Rescuer - A Life and Death Matter
many of the clients we treat have had abusive childhoods. What was different in
the case of the abused client? The literature seems to incite a traumatic transference
often occurs at a certain level. I define a traumatic transference, as an intense,
life-or-death quality of the reaction by a survivor of childhood trauma to a person
in authority. The survivor's emotional responses have been changed by experiences
of terror and helplessness. Abused clients cast the mental health professional
in the role of omnipotent rescuer. However, at the same time, they state their
mistrust of them. Mary stated many doubts, suspicions, and feelings that she had
to try to control the therapist by giving into his sexual advances
4 Warning Signs
doubt, with Mary, the four warning signs indicated by Pope came in to play:
-- 1. First, Mary's idealization of the professional;
-- 2. Second, her wish for an omnipotent
-- 3. Third, her intense feelings bound up in the relationship;
-- 4. Fourth, her
impression that the survival of the treatment relationship was a life-and-death
All four of these factors lead to the power entrapment of a childhood
trauma victim with an abusive professional.
Typology of Sexually Abusive Mental Health Professionals
Chesler, in her book "Women and Madness," indicates victims report that
the professionals who abused them were going through life crises or changes. If
you recall Russ, the therapist that treated Mary, indicated he was unhappy with
Chesler indicated one victim, who felt that her psychiatrist was
too familiar during her first session with him, reported that "he kissed
me, and asked if he could visit me on his way home." She cancelled any follow-up
sessions and later discovered "the psychiatrist was in the process of a divorce."
Josephine, whose female psychologist had recently gone through a marriage breakdown,
confided, "She kept telling me that I was uptight about my body. So she suggested
that we go to the nude swimming session at the YWCA together. Afterwards, she
asked me back to her apartment."
sex was a common experience with abusive professionals, as described by the
nine women abused by therapists in the Chesler study. The professional appeared
to be interested only in his or her own sexual needs, and had no interest in the
emotional or sexual gratification of their patients or clients.
♦ Incest Victims
states there is a tendency for professionals to abuse incest victims shortly after
they disclose their abuse. This could be linked to a perception of the incest
victim as having been "publicly deflowered" and therefore no longer
deserving of protection or respect. Thus the mental health professional may view
the incest victim as "fair game," and may excuse his or her seduction
of the client by telling themselves that they cannot do the client any further
The abused child, trained as to please men, may engage in a kind of ritualized seductive behavior that arouses the professional and permits him to believe that
she has an adult desire for sex with him. Because the victim has low self-esteem
and may believe that no man will care for her without a sexual relationship, she
may feel that sexual involvement with the professional is a necessary price to
pay for his attention.
♦ Stone's 6 Types of Sexually Abusive Mental Health Professionals
on his clinical experience, Alan Stone proposed a typology of sexually abusive
mental health professionals. Interestingly, Stone makes no mention of female
therapists. We'll discuss his focus on male therapists later. The six types of
therapists are as follows:
1. The therapist who is middle-aged,
depressed, and has problems in his own marriage. He usually gets involved with
a younger female client, to whom he tells his troubles. Sometimes the client is
led to believe that the therapist is contemplating divorcing his wife and marrying
2. The manipulative and sociopathic therapist is exploiting
his position and its opportunities with a goal of self-gratification.
3. The therapist who uses patients to satisfy perverse instincts. This group includes
therapists who drug their patients into unconsciousness and then have sex with
them. Unlike the other examples, this does not involve an exploitation of transference,
of the patient's view of the therapist as a parent- like figure.
4. The charming, expansive, grandiose therapist who wants to be loved by his female
patients, particularly if they are young and attractive. He initiates hugging
and kissing early in the therapy, and goes on from there.
therapist who sees himself as "progressive" and believes that this includes
sexual contact with his patients.
6. The introverted and withdrawn therapist who is very uncomfortable with interpersonal intimacy. If a patient
appears to be intensely sexually attracted to him, he succumbs. He may contend
that the patient seduced him, but is likely to feel guilty and will probably confess.
♦ Schoener's 6 Types of Sexually Exploitative Therapists
typology of sexually exploitative therapists, again with six categories, has
been developed by Schoener and his associates at the Minnesota Walk-In Counseling
Center. The clusters are as follows:
1. Naive and uninformed: This
group includes trainees and poorly trained therapists who may lack knowledge of
professional standards and the importance of boundaries.
or mildly neurotic: Minimal sexual contact or comprises in a single episode
leading to remorse and requests for help are common.
Severely neurotic: This group has severe, long-standing emotional problems
and focus on getting their personal needs met in the work setting. As intimacy
grows in a therapeutic relationship, these therapists play seductive games, talk
about themselves, use touch excessively, and arrange business or social involvements
4. Character disorders with impulse control problems: These therapists have a variety of problems which may include legal difficulties;
they have little or no appreciation of the effect of their impulsive and inappropriate
behavior on others, and tend to deny or minimize any harm they have caused.
Sociopathic or narcissistic character disorders: These therapists are adept
in manipulating clients and professional colleagues; they are cool and calculating,
able to cunningly seduce a variety of clients and cover their tracks.
Psychotic or borderline personality disorders: These therapists are more obviously
mentally ill, with poor judgment and a tenuous grasp on reality.
do you feel after hearing this list of Stone's typology of sexually abusive mental
health professionals? Do you feel a knot in your stomach right now? Is this material
difficult for you to hear? I know for me it is because the thought of this existing
in our profession is unthinkable.
7 Factors that Contribute to Therapist Sexual Contact
may ask yourself...How does a normal, healthy therapeutic relationship shift
into a power imbalance that results in sexual abuse?
♦ 3 Factors Contributing to the Outcome of Sexual Contact
contribute to the outcome of sexual contact. These factors can be identified in
both the victim and the abusive mental health professional, as well as in the
situation itself, which may facilitate the emergence of an abusive relationship.
Using Mary's accounts and the professional literature, we will examine the following
1. Reframing the relationship
2. Boundary violations
3. Pope's description of ten common scenarios.
This will be followed by a
consideration of situational factors, and finally, of special issues for victims
of childhood abuse.
the literature, like other survivors, therapy survivors like Mary frequently experienced
a similar kind of manipulation for sex. The abusive professional would gradually
reframe or reinterpret his client's childlike dependency on a parental figure.
In the course of this reinterpretation, the parent or parental figure would become
a romantic or sexual partner.
her book "Betrayal," Julie Roy describes her therapist teasing her about
having a "bathtub party" and making frequent inquiries about her sexual fantasies about him. Later, he suggests that they have sex, claiming that this
will remove her fear of men and cure her of being a lesbian. Initially she refuses,
telling her therapist, "I feel I would be destroyed. In the end it would
be bad for me."
The therapist insists that she needs to love him, so that
she can learn to love men. Over the course of the next few months, he progresses
from touching her, kissing her and caressing her. Over the three years that she
saw her abusive therapist, when he returned from conference trips, he would bring
her coins, records, trinkets, and other gifts. He also invited her to go to a
conference with him.
♦ 7 Key Explotative Behaviors
at boundary violations from the professional's perspective, Epstein and Simon
developed an "exploitation index" for therapists. They describe the
following exploitative behaviors:
1. Seeking a diversion from treatment: The therapist initiates social contact with patients.
2. Erotic: The
therapist relishes romantic daydreams about patients.
3. Exhibitionistic: The therapist seeks out clientele who are famous or VIP.
4. Dependent: Talking about one's own difficulties.
5. Power seeking: Requesting personal
favors from patients.
6. Greedy: Accepting large gifts.
7. Enabling: Failing to set limits because of apprehension about the patient's disappointment
Texas TAC RULE §681.42 Sexual Misconduct
(a) For the purpose of this section the following terms shall have the following meanings.
(1) "Mental health provider" means a licensee or any other licensed mental health professional, including a licensed social worker, a chemical dependency counselor, a licensed marriage and family therapist, a physician, a psychologist, or a member of the clergy. Mental health provider also includes employees of these individuals or employees of a treatment facility.
(2) Sexual contact means:
(A) deviate sexual intercourse as defined by the Texas Penal Code, §21.01;
(B) sexual contact as defined by the Texas Penal Code, §21.01;
(C) sexual intercourse as defined by the Texas Penal Code, §21.01; or
(D) requests or offers by a licensee for conduct described by subparagraph (A), (B), or (C) of this paragraph.
(3) "Sexual exploitation" means a pattern, practice, or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. The term does not include obtaining information about a client's sexual history within standard accepted practice while treating a sexual or relationship dysfunction.
(4) "Therapeutic deception" means a representation by a licensee that sexual contact with, or sexual exploitation by, the licensee is consistent with, or a part of, a client's or former client's counseling.
(b) A licensee shall not engage in sexual contact with or sexual exploitation of a person who is:
(1) a client as defined in §681.2(6) of this title (relating to Definitions);
(2) an LPC Intern supervised by the licensee; or
(3) a student of a licensee at an educational institution at which the licensee provides professional or educational services.
(4) Sexual contact that occurs more than five years after the termination of the client relationship, an LPC Intern, or a student of the licensee at a post-secondary educational institution will not be deemed a violation of this section if the conduct is consensual, not the result of sexual exploitation, and not detrimental to the client. The licensee must demonstrate that there has been no exploitation in light of all relevant factors, including, but not limited to:
(A) the amount of time that has passed since therapy terminated;
(B) the nature and duration of the therapy;
(C) the circumstances of termination;
(D) the client's personal history;
(E) the client's current mental status;
(F) the likelihood of adverse impact on the client and others; and
(G) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client.
(c) A licensee shall not practice therapeutic deception of a person who is a client as defined in §681.2(7) of this title (relating to Definitions).
(d) It is not a defense under subsections (b) - (c) of this section if the sexual contact, sexual exploitation, or therapeutic deception with the person occurred:
(1) with the consent of the client;
(2) outside the professional counseling sessions of the client; or
(3) off the premises regularly used by the licensee for the professional counseling sessions of the client.
(e) The following may constitute sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person:
(1) sexual harassment, sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, and:
(A) is offensive or creates a hostile environment, and the licensee knows or is told this; or
(B) is sufficiently severe or intense to be abusive to a reasonable person in the context;
(2) any behavior, gestures, or expressions which may reasonably be interpreted as seductive or sexual;
(3) sexual comments about or to a person, including making sexual comments about a person's body;
(4) making sexually demeaning comments about an individual's sexual orientation;
(5) making comments about potential sexual performance except when the comment is pertinent to the issue of sexual function or dysfunction in counseling;
(6) requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual;
(7) initiating conversation regarding the sexual problems, preferences, or fantasies of the licensee;
(8) kissing or fondling;
(9) making a request for a date;
(10) any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature;
(11) any bodily exposure of genitals, anus or breasts;
(12) encouraging another to masturbate in the presence of the licensee; or
(13) masturbation by the licensee when another is present.
(f) Examples of sexual contact are those activities and behaviors described in the Texas Penal Code, §21.01.
(g) A licensee shall report sexual misconduct as follows.
(1) If a licensee has reasonable cause to suspect that a client has been the victim of sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health provider, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, the licensee shall report the alleged conduct not later than the third business day after the date the licensee became aware of the conduct or the allegations to:
(A) the prosecuting attorney in the county in which the alleged sexual exploitation, sexual contact or therapeutic deception occurred;
(B) the board if the conduct involves a licensee and any other state licensing agency which licenses the mental health provider; and
(C) to the appropriate agency listed in §681.45 of this title (relating to Confidentiality and Required Reporting).
(2) Before making a report under this subsection, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.
(3) A report under this subsection need contain only the information needed to:
(A) identify the reporter;
(B) identify the alleged victim, unless the alleged victim has requested anonymity;
(C) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and
(D) provide the name of the alleged perpetrator.
- Texas Administrative Code. (2018). Chapter 681 Subchapter C Code of Ethics. TAC RULE §681.42 Sexual Misconduct. Retrieved January 21, 2019, from http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=30&ch=681&rl=42
Peer-Reviewed Journal Article References:
Cook, J. A., Shore, S. E., Burke-Miller, J. K., Jonikas, J. A., Ferrara, M., Colegrove, S., Norris, W. T., Ruckdeschel, B., Batteiger, A. P., Ohrtman, M., Grey, D. D., & Hicks, M. E. (2010). Participatory action research to establish self-directed care for mental health recovery in Texas. Psychiatric Rehabilitation Journal, 34(2), 137–144.
Goodman-Delahunty, J., & Martschuk, N. (2020). Mock jury and juror responses to uncharged acts of sexual misconduct: Advances in the assessment of unfair prejudice. Zeitschrift für Psychologie, 228(3), 199–209.
Richards, T. N. (2019). No evidence of “weaponized Title IX” here: An empirical assessment of sexual misconduct reporting, case processing, and outcomes. Law and Human Behavior, 43(2), 180–192.
What is the definition of therapeutic deception?
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