Arizona

ARIZONA

ARIZ. REV. STAT. 13-1418

13-1418. Sexual misconduct; behavioral health professionals; classification

  1. A behavioral health professional licensed pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13, 17 or 19.1 commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client who is currently under the care or supervision of the licensed behavioral health professional, psychiatrist or psychologist.
  2. Sexual misconduct by a licensed behavioral health professional, psychiatrist or psychologist is a class 6 felony.
  3. This section does not apply to any act of sexual conduct that occurs between a licensed behavioral health professional, psychiatrist or psychologist and a client after the client has completed a course of treatment or if the client is not under the care of the licensed behavioral health professional, psychiatrist or psychologist.

There are a variety of different sex offenses in the state of Arizona. One of the lesser-known laws is sexual misconduct, which is detailed in ARS 13-1418. This sex offense specifically prohibits sexual misconduct between behavioral health professionals and their clients.

According to the statute,

A behavioral health professional commits sexual misconduct by intentionally or knowingly engaging in sexual intercourse with a client. Sexual misconduct by a licensed behavioral health professional is a class 6 felony.

Who are behavioral health professionals?

The Arizona Revised Statutes list the following occupations under the classification of “behavioral health professional” –

  • Psychiatrist
  • Psychologist
  • Anyone licensed to practice by the board of behavioral health examiners pursuant to ARS 32-3251.

Prohibited Acts

Behavioral health professionals cannot have a sexual relationship with one of their clients while the client is under their active care. So then, misconduct is any sexual act or intercourse between these two parties, regardless of consent.

It is not prohibited for a former client to have a relationship with their former behavioral health doctor. As long as the client has completed their course or treatment completely and no longer under the behavioral health professional’s care.

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s