(a) In this chapter, when the alleged perpetrator is a direct provider, sexual abuse is defined as any sexual activity, including but not limited to:
  (1) kissing an individual receiving services with sexual intent;
  (2) hugging an individual receiving services with sexual intent;
  (3) stroking an individual receiving services with sexual intent;
  (4) fondling an individual receiving services with sexual intent;
  (5) engaging in with an individual receiving services:
    (A) sexual conduct as defined in the Texas Penal Code, §43.01; or
    (B) any activity that is obscene as defined in the Texas Penal Code, §43.21;
  (6) requesting, soliciting, or compelling an individual receiving services to engage in:
    (A) sexual conduct as defined in the Texas Penal Code, §43.01; or
    (B) any activity that is obscene as defined in the Texas Penal Code, §43.21;
  (7) in the presence of an individual receiving services:
    (A) engaging in or displaying any activity that is obscene, as defined in the Texas Penal Code §43.21; or
    (B) requesting, soliciting, or compelling another person to engage in any activity that is obscene, as defined in the Texas Penal Code §43.21;
  (8) committing sexual exploitation. Sexual exploitation is defined as:
    (A) a pattern, practice, or scheme of conduct against an individual receiving services, 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.
    (B) The term does not include obtaining information about a patient's sexual history within standard accepted clinical practice.
  (9) committing sexual assault as defined in the Texas Penal Code §22.011, against an individual receiving services;
  (10) committing aggravated sexual assault as defined in the Texas Penal Code, §22.021, against an individual receiving services; and
  (11) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, videotaping, or depicting of an individual receiving services if the direct provider knew or should have known that the resulting photograph, film, videotape, or depiction of the individual receiving services is obscene as defined in the Texas Penal Code, §43.21, or is pornographic.
(b) Notwithstanding any other provision in this section, consensual sexual activity between a direct provider and an adult receiving services is not considered sexual abuse if the consensual sexual relationship began prior to the direct provider becoming a direct provider.

Source Note: The provisions of this §711.13 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective September 1, 2016, 41 TexReg 6218; amended to be effective November 5, 2017, 42 TexReg 6187; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617