N.J. Admin. Code § 13:35-14.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:35-14.9 - Sexual misconduct

(a) The purpose of this section is to identify for licensed genetic counselors conduct that shall be deemed sexual misconduct.

(b) As used in this section, the following terms have the following meanings:

"Client" means any person who is the recipient of genetic counseling services.

"Client-genetic counselor relationship" means a relationship between a licensed genetic counselor and a client in which the licensed genetic counselor owes a continuing duty to the client to render genetic counseling services consistent with his or her training and experience.

"Licensed genetic counselor" means a person who holds a license from the Committee as a genetic counselor.

"Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensed genetic counselor's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensed genetic counselor's body upon a part of the client's body, sexual penetration, or the insertion or imposition of any object or any part of a licensed genetic counselor's or client's body into or near the genital, anal, or other opening of the other person's body. "Sexual contact" does not include the touching of a client's body that is necessary during the performance of a generally accepted and recognized genetic counseling encounter.

"Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or non-verbal conduct that is sexual in nature, which occurs in connection with a licensed genetic counselor's activities or role as a genetic counselor that is unwelcome or offensive to a reasonable person, or creates a hostile workplace environment, and the licensed genetic counselor knows, should know, or is told this. "Sexual harassment" may consist of a single extreme or severe act or multiple acts and may include, but is not limited to, conduct of a licensed genetic counselor with a client, co-worker, employee, student, or supervisee, whether or not such individual is in a subordinate position to the licensed genetic counselor.

"Spouse" means the husband, wife, civil union partner, domestic partner, or fiancee of the licensed genetic counselor or an individual involved in a long-term committed relationship with the licensed genetic counselor. For purposes of the definition of "spouse," a long-term committed relationship means a relationship that is at least six months in duration.

(c) A licensed genetic counselor shall not engage in sexual contact with a client with whom he or she has a client-genetic counselor relationship. The client-genetic counselor relationship is ongoing for purposes of this section, unless more than three months has elapsed since the last genetic counseling was rendered or the relationship is actively terminated by way of written notice to the client and documentation in the client record.

(d) A licensed genetic counselor shall not seek or solicit sexual contact with a client with whom he or she has a client-genetic counselor relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.

(e) A licensed genetic counselor shall not engage in any discussion of an intimate sexual nature with a person with whom the licensed genetic counselor has a client-genetic counselor relationship, unless that discussion is directly related to a proper genetic counseling purpose. Such discussion shall not include disclosure by the licensed genetic counselor of his or her own sexual relationships.

(f) A licensed genetic counselor shall provide privacy conditions that prevent the exposure of the unclothed body of the client. Appropriate draping measures shall be employed to protect client privacy.

(g) A licensed genetic counselor shall not engage in sexual harassment either within or outside of the professional setting.

(h) A licensed genetic counselor shall not engage in any other activity that would lead a reasonable person to believe that the activity serves the licensed genetic counselor's personal prurient interests or which is for the sexual arousal, or sexual gratification, of the licensed genetic counselor or client or which constitutes an act of sexual abuse.

(i) Violation of any of the prohibitions or directives set forth in (c) through (h) above shall constitute professional misconduct pursuant to 45:1-21(e).

(j) Nothing in this section shall be construed to prevent a licensed genetic counselor from rendering genetic counseling to a spouse, providing that the rendering of such genetic counseling is consistent with accepted standards of genetic counseling.

(k) It shall not be a defense to any action under this section that:

1. The client solicited or consented to sexual contact with the licensed genetic counselor; or

2. The licensed genetic counselor is in love with or held affection for the client.

N.J. Admin. Code § 13:35-14.9