Mental Health Professionals

Effective July 1, 2011, the BBS implemented a series of changes to the regulations that govern conduct by mental healthcare professionals. Among those changes is the addition of §728, which requires a psychotherapist whose patient reveals having had prior sexual contact with another psychotherapist during the course of treatment, to provide said patient with a brochure delineating his or her rights and remedies. They must also discuss the contents of the brochure with the patient, and failure to do so is considered “unprofessional conduct,” actionable for discipline by the BBS.

§729 goes on to define “sexual exploitation by physicians, surgeons, psychotherapists, or alcohol and drug abuse counselors,” and provides severe penalties for violation of the regulations. Under subsection (b), an offender can be sentenced to 6 months in jail and fined up to $1000 for a first offense; if two or more victims are involved, or if the offender has a prior conviction of the same nature, the punishment is up to three years in prison and a fine of up to $10,000.

Unlike sexual exploitation allegations made against regular citizens, the accuser’s consent is not a defense to allegations under §729(a). Further, when the relationship was terminated primarily for the purpose of continuing to engage in the sexual act, §4982.26 provides that the license must be revoked and that: “the revocation shall not be stayed by the administrative law judge or the board.” However, there are steps that can be taken to prevent or limit liability, and some exceptions may apply. To find out more, contact an attorney at Spiga & Associates.

Another addition to the regulations is §4982.25, which allows the BBS to deny application, suspend or revoke a license, based on disciplinary action (including denial, revocation, suspension or restriction) taken against the licensee by any other licensing board. In other words, if one licensing board takes action against you, that fact can be used against you by the BBS as grounds for disciplinary action against your license.