Legal Question in Civil Litigation in Texas
Licensed Professional Counselor confused re: legal jargon
I'm an L.P.C., governed by the Board of Examiners of Licensed Professional Counselors in my state. An ex-client died last year. At the time of her death, she hadn't been my therapy client in a year. For only the first nine months of her therapy with me, her husband attended her counseling sessions. Since she died, her husband has made an overture to date me, but board regulations are very tight regarding client/ex-client relationships and I'm not sure I understand the rules. The rules say: subsection (B) ''A licensee (that's me) shall not engage in sexual contact with a person who is a client or former client.'' (I'm only talking about dating this man, but it doesn't talk about just dating). It goes on to say: It is a defense to a disciplinary action under subsection (B) if the person was no longer emotionally dependent on the licensee when the sexual contact occurred, and the licensee terminated counseling with the person more than two years before the date the sexual contact occurred. I don't quite understand what the phrase, ''it is a defense to disciplinary action'' means. Could you define that for me.
He has not been in a counseling session with me in well over two years. Can I date him or not? Thank you.
1 Answer from Attorneys
Re: Licensed Professional Counselor confused re: legal jargon
The proscription refers to clients and ex-clients. Was he the client, or was his wife the client?
The phrase, "it is a defense" means just that. If disciplinary action is started, the fact that the person was no longer emotionally dependent on the licensee when the sexual contact occurred, and the licensee terminated counseling with the person more than two years before the date the sexual contact occurred, will nullify the disciplinary action.
The last question is whether he is emotionally dependent upon you.
If he wasn't the client, or if he isn't emotionally dependent, then no disciplinary action should follow if you date him. Just bear in mind that disciplinary action isn't started by some third party; it's usually started by an ex-client, whose emotional needs haven't been satisfied, that files the complaint.
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