State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_41

Article 1F.

Psychotherapy Patient/Client Sexual Exploitation Act.

§ 90‑21.41.  Definitions.

The following definitions apply in this Article:

(1)        Client. – A person who may also be called patient orcounselee who seeks or obtains psychotherapy, whether or not the person ischarged for the service. The term "client" includes a former client.

(2)        Psychotherapist. – A psychiatrist licensed in accordancewith Article 1 of Chapter 90 of the General Statutes, a psychologist as definedin G.S. 90‑270.2(9), a licensed professional counselor as defined in G.S.90‑330(a)(2), a substance abuse professional as defined in G.S. 90‑113.31(8),a social worker engaged in a clinical social work practice as defined in G.S.90B‑3(6), a fee‑based pastoral counselor as defined in G.S. 90‑382(4),a licensed marriage and family therapist as defined in G.S. 90‑270.47(3),or a mental health service provider, who performs or purports to performpsychotherapy.

(3)        Psychotherapy. – The professional treatment or professionalcounseling of a mental or emotional condition that includes revelation by theclient of intimate details of thoughts and emotions of a very personal natureto assist the client in modifying behavior, thoughts and emotions that aremaladjustive or contribute to difficulties in living.

(4)        Sexual exploitation. – Either of the following, whether ornot it occurred with the consent of a client or during any treatment,consultation, evaluation, interview, or examination:

a.         Sexual contact which includes any of the following actions:

1.         Sexual intercourse, cunnilingus, fellatio, anal intercourse,or any intrusion, however slight, into the oral, genital, or anal openings ofthe client's body by any part of the psychotherapist's body or by any objectused by the psychotherapist for the purpose of sexual stimulation orgratification of either the psychotherapist or the client; or any intrusion,however slight, into the oral, genital, or anal openings of thepsychotherapist's body by any part of the client's body or by any object usedby the client for the purpose of sexual stimulation or gratification of eitherthe psychotherapist or the client, if agreed to, or not resisted by thepsychotherapist.

2.         Kissing of, or the intentional touching by thepsychotherapist of, the client's lips, genital area, groin, inner thigh,buttocks, or breast, or of the clothing covering any of these body parts, forthe purpose of sexual stimulation or gratification of either thepsychotherapist or the client, or kissing of, or the intentional touching bythe client of, the psychotherapist's lips, genital area, groin, inner thigh,buttocks, or breast, or of the clothing covering any of these body parts, ifagreed to or not resisted by the psychotherapist, for the purpose of sexualstimulation or gratification to either the psychotherapist or the client.

b.         Any act done or statement made by the psychotherapist forthe purpose of sexual stimulation or gratification of the client orpsychotherapist which includes any of the following actions:

1.         The psychotherapist's relating to the client thepsychotherapist's own sexual fantasies or the details of the psychotherapist'sown sexual life.

2.         The uncovering or display of breasts or genitals of thepsychotherapist to the client.

3.         The showing of sexually graphic pictures to the client forpurposes other than diagnosis or treatment.

4.         Statements containing sexual innuendo, sexual threats, orsexual suggestions regarding the relationship between the psychotherapist andthe client.

(5)        Sexual history. – Sexual activity of the client other thanthat conduct alleged by the client to constitute sexual exploitation in anaction pursuant to this Article.

(6)        Therapeutic deception. – A representation by apsychotherapist that sexual contact with the psychotherapist is consistent withor part of the client's treatment. (1998‑213, s. 1.)