(a) It is unlawful for any person to:
(1) Represent himself as a counselor without being licensed under this chapter.
(2) Without being licensed under this chapter, use the title of:
(A) Licensed Substance Abuse Counselor;
(B) Licensed Marriage and Family Therapist; or
(C) Licensed Professional Counselor.
(3) Advertise the performance of or make use of any title, word, letter or abbreviation that may reasonably be confused with a designation of occupational competence without being duly licensed; or
(4) Refuse to furnish the Board with information or records required or requested pursuant to this chapter.
(b) Any person who willfully engages in any unlawful act specified in this section is guilty of a misdemeanor and subject to punishment upon conviction by a fine of not less than $500 nor more than $1,000 for each offense, and imprisonment for a term not to exceed one year. Upon conviction a person shall refund to the client all fees received for professional services rendered under any unlawful condition.
(c) Any licensee under this chapter who commits sexual misconduct with a client during the professional relationship commits a felony. The giving of consent by the client for any such conduct is not a defense to the offenses.
(d) For purposes of subsection (c):
(1) “Sexual misconduct” means any sexual activity as defined in paragraph (2) between a licensee and a patient or client, regardless of the consent of the patient. The term does not include an act done for a bona fide medical purpose.
(2) “Sexual activity” means:
(A) Fondling the genital area, groin, inner thighs, buttocks, or breasts of a person.
(B) The oral, anal, or vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration of another by any other object.
(C) Intentionally touching in a lewd or lascivious manner the breasts, genitals, the genital area, or buttocks, or the clothing covering them, of a person, or forcing or enticing a person to touch the perpetrator.
(D) Intentionally masturbating in the presence of another person.
(E) Intentionally exposing the genitals in a lewd or lascivious manner in the presence of another person.
(F) Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim.
(e) The Board may through the Attorney General proceed in the Superior Court to enjoin any unlicensed persons from violating the provisions of this chapter. The Board is not required to post bond at such proceeding.