CA Laws That Guide the Specifics of Clinical Practice: Psychotherapist Sexual Exploitation

Question 1

The ___________________________ and the _________________ (Section 43.93) address psychotherapist sexual exploitation.

Answer 1

• Business and Professions Code
• Civil Code

Question 2

It is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under 3 conditions:

• When the patient is __________________________
• Within ___ years following termination of therapy
• By means of therapeutic _______________

Answer 2

• Receiving psychotherapy from the therapist
• 2
• Deception

Question 3

Psychotherapist _______________________ includes:

• Intercourse
• Sodomy
• Oral copulation
• Sexual contact (defined as “touching an __________________”)

Answer 3

• Sexual exploitation
• Intimate part

Question 4

Sexual exploitation is a ____________________.

Answer 4

Public offense.

Question 5

A single act of sexual exploitation by a psychologist, or multiple acts of sexual exploitation with a single victim when the offender has no prior conviction for sexual exploitation is punishable by:

• Imprisonment in a _________________ for up to _______________
• A fine of up to $__________
• Both

Answer 5

• County jail
• 6 months
• $1000

Question 6

Sexual exploitation with two or more victims, or two or more acts with a single victim when there is a prior conviction for sexual exploitation may either result in:

• Imprisonment in county jail for up to __________
• A fine of up to $1000
• Both
• Imprisonment in a state prison for ___ months, 2 years, or ___ years
• A fine of up to $_____________
• Both

Answer 6

• 1 year
• 16 months
• 3 years
• $10,000

Question 7

When a therapist is found guilty of sexual contact with a patient or former patient within two years of termination of treatment, the therapist’s _____________________. A judge may not stay this.

Answer 7

License is revoked.

Question 8

Any psychotherapist who becomes aware through a patient that the patient has had a sexual relationship with a psychotherapist during the course of treatment has a legal obligation to __________________________, and to discuss it with the patient.

Answer 8

Give the patient the brochure entitled “Professional Therapy Never Includes Sex.”

Question 9

The _____________________________ is responsible for preparing and disseminating the “Professional Therapy Never Includes Sex” brochure, which includes:

• A definition of psychotherapist-patient sexual contact
• A description of _____________________ to psychotherapist-patient sexual contact
• A patient’s bill of rights
• A description of administrative, civil, and professional association ___________________
• A description of support services available for victims of sexual misconduct

Answer 9

• Department of Consumer Affairs
• Common reactions
• Complaint procedures

Question 10

There ________ law that requires a psychologist to report sexual misconduct by a colleague to the BOP, when the psychologist becomes aware of the misconduct in the course of a patient-therapist relationship.

Answer 10

Is no.

Question 11

A psychologist may only report to the BOP on behalf of a sexually exploited patient if the patient gives __________________.

Answer 11

Written authorization.