WAC 246-847-210
Unprofessional conduct -- Sexual
misconduct. (1) The occupational therapist and occupational
therapy assistant shall never engage in sexual contact or
sexual activity with current clients.
(2) Sexual contact or sexual activity is prohibited with
a former client for two years after cessation or termination
of professional services.
(3) The occupational therapist and occupational therapy
assistant shall never engage in sexual contact or sexual
activity with former clients if such contact or activity
involves the abuse of the occupational therapy
practitioner-client relationship. Factors which the board may
consider in evaluating if the occupational therapy
practitioner-client relationship has been abusive includes,
but is 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 cessation or termination;
(d) The former client's personal history;
(e) The former client's current mental status;
(f) The likelihood of adverse impact on the former client
and others; and
(g) Any statements or actions made by the occupational
therapist or occupational therapy assistant during the course
of therapy suggesting or inviting the possibility of a
post-termination sexual or romantic relationship with the
former client.
(4) These rules do not prohibit:
(a) The provision of occupational therapy services on an
urgent, unforeseen basis where circumstances will not allow an
occupational therapist or occupational therapy assistant to
obtain reassignment or make an appropriate referral;
(b) The provision of occupational therapy services to a
spouse or any other person who is in a preexisting,
established relationship with the occupational therapist or
occupational therapy assistant where no evidence of abuse of
the occupational therapy practitioner-client relationship
exists.
[Statutory Authority: RCW 18.59.130 and 18.130.180. 05-24-106, § 246-847-210, filed 12/7/05, effective 1/7/06.]