Is therapist abuse illegal? I get this question often, and I have to answer, “Only in some states.” Most agree that it is unethical for a therapist to sleep with a patient but won’t take it any further than that. I can tell you that every time a therapist breaches professional boundaries with a client, the client is harmed.
States with Laws Outlawing Psychiatrist–Patient and Psychotherapist–Patient Sexual Relationships
| State | Legal Statute Banning Relationship | Term Used in Law for Therapist |
|---|---|---|
| Alaska | AS § 11.41.420 (2018) | Health care worker |
| Arizona | Az. Rev. Stat. § 13-1418 (2019) | Behavioral health professional |
| California | Cal. Bus. & Prof. Code § 729 (2019) | Physician and surgeon, psychotherapist |
| Colorado | C.R.S. 18-3-405.5 (2018) | Psychotherapist |
| Connecticut | Conn. Gen. Stat. § 53a-71 (2019) | Psychotherapist |
| Delaware | 11 Del C. § 761 (2019) | Health professional |
| District of Columbia | D.C. Code § 22-3015 (2019) | Professional services of a medical or counseling nature |
| Florida | Fla. Stat. § 491.0112 (2019) | Psychotherapist |
| Georgia | O.C.G.A § 16-6-5.1 (2018) | Practitioner of psychotherapy |
| Idaho | Idaho Code § 18-919 (2019) | Medical care provider, physician, psychotherapist |
| Illinois | 740 ILCS 140 (2019) | Psychotherapist |
| Iowa | Iowa Code § 709.15 (2018) | Counselor or therapist |
| Maine | 17-A M.R.S. § 253 (2019) | Psychiatrist, psychologist, or licensed as a social worker |
| Michigan | MCLS § 750.520e (2019) | Mental health professional |
| Minnesota | Minn. Stat. § 609.344 (2019) | Psychotherapist |
| New Hampshire | RSA 632-A (2019) | Actor provides therapy |
| New Mexico | N.M. Stat. Ann. § 30-9-10; 30-9-11 (2019) | Psychotherapist |
| New York | NY CLS Penal § 130.05 (2019); NY CLS Educ § 6530.44 (2019) | Health care provider or mental health care provider; in the practice of psychiatry |
| North Carolina | N.C. Gen. Stat. § 90-21.41 (2019) | Psychotherapist |
| North Dakota | N.D. Cent. Code § 12.1-20.06.1 (2019) | Therapist |
| Ohio | ORC Ann. 2907.03 (2018) | Mental health professional |
| South Dakota | S.D. Codified Laws § 22-22-28, 22-22-29 (2019) | Psychotherapist |
| Tennessee | Tenn. Code Ann. § 29-26-201 (2019) | Therapist |
| Texas | Tex. Penal Code § 22.011 (2017) | Mental health services provider |
| Utah | Utah Code Ann. § 76-5-406 (2018) | Health professional |
| Washington | WAC 246-16-100 (2019) | Health care provider |
| Wisconsin | Wis. Stat. § 940.22 (2019) | Physician, therapist |
Taken from The Journal of the American Academy of Psychiatry and the Law in the article entitled “Legal and Ethics Considerations in Reporting Sexual Exploitation by Previous Providers” by Michael R. MacIntyre and Jacob M. Appel
(Journal of the American Academy of Psychiatry and the Law Online February 2020, JAAPL.003911-20; DOI: https://doi.org/10.29158/JAAPL.003911-20)
