(a) "Sexual Harassment" means sexual advances, requests for sexual favors, or other verbal or physical conduct or contact of a sexual nature that has the purpose or effect of creating an intimidating, hostile, or offensive environment and that occurs within a professional relationship. The determination of whether conduct or comments rise to the level of sexual harassment must be made based upon the totality of the circumstances, and from the viewpoint of a reasonable person. Sexual harassment does not include simple teasing, offhand comments, or isolated incidents that are not serious in nature.
(b) "Sexual Impropriety" is deliberate or repeated comments, gestures, or physical acts of a sexual nature that include, but are not limited to:
  (1) Behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexually demeaning;
  (2) Making inappropriate comments about an individual's body;
  (3) Making sexually demeaning comments to an individual;
  (4) Making comments about an individual's potential sexual performance, except when the examination or consultation is pertinent to the issue of sexual function or dysfunction in therapy/counseling;
  (5) Requesting details of a patient or client's sexual history when not clinically indicated for the type of consultation;
  (6) Requesting a date;
  (7) Initiating conversation regarding the sexual problems, preferences, or fantasies of either party; or
  (8) Kissing of a sexual nature.
(c) A sexual relationship is the engaging in any conduct that is sexual or may be reasonably interpreted as sexual in nature including, but not limited to:
  (1) Sexual intercourse;
  (2) Genital contact;
  (3) Oral to genital contact;
  (4) Genital to anal contact;
  (5) Oral to anal contact;
  (6) Touching breasts or genitals;
  (7) Encouraging another to masturbate in one's presence;
  (8) Masturbation in another's presence; or
  (9) Exposure of sexual organs, breasts or buttocks.
(d) A dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature, but does not include a casual acquaintanceship or ordinary fraternization in a business or social context. The existence of such a relationship shall be determined based on consideration of:
  (1) The length of the relationship;
  (2) The nature of the relationship; and
  (3) The frequency and type of interaction between the persons involved in the relationship.
(e) A licensee may not engage in sexual harassment, sexual impropriety, or a sexual relationship with a current patient or client; a former patient or client over whom the licensee has influence due to a therapeutic relationship; current students or trainees of the licensee; individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of current patients or a supervisee over whom the licensee has administrative or clinical responsibility. A licensee may not engage in a sexual relationship with individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of former patients for at least two years after termination of services.
(f) A licensee may not engage in a dating relationship with a current client or former client over whom the licensee has influence due to therapeutic relationship; current students or trainees of the licensee; individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of current clients, or a supervisee over whom the licensee has administrative or clinical responsibility. A licensee may not engage in a dating relationship with individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of former clients, for at least two years after termination of services. A licensee may never engage in a dating relationship when there is potential for harm to any of these individuals.
(g) Licensees do not accept as patients individuals with whom they have engaged in sexual relationships.

Source Note: The provisions of this §465.33 adopted to be effective October 7, 2020, 45 TexReg 7013