Current through Register Vol. 63, No. 9, September 1, 2024
Sexual unprofessional or dishonorable conduct means any
unethical, deceptive, or deleterious conduct or practice harmful to the public;
any departure from, or failure to conform to, the minimal standards of
acceptable chiropractic practice; or a willful or careless disregard for the
health, welfare, or safety of patients, in any of which cases proof of actual
injury need not be established. Sexual unprofessional or dishonorable conduct
shall include, but not be limited to, the following acts of
licensees/certificate holders:
(1)
(a) Engaging in any conduct or verbal
behavior with or towards a patient that may reasonably be interpreted as
sexual, seductive, sexually demeaning, or romantic in nature;
(b) A licensee shall not engage in sexual
relations or have a romantic relationship with a current patient unless a
consensual sexual relationship or a romantic relationship existed between them
before the commencement of the doctor-patient relationship;
(c) A patient's initiation of, or
participation in, sexual behavior or involvement with a licensee does not
change the nature of the conduct nor lift the prohibition.
(2) Sexual misconduct: Licensee sexual
misconduct is behavior that exploits the licensee-patient relationship in a
sexual way. The behavior is non-diagnostic and non-therapeutic, may be verbal,
physical or other behavior, and may include expressions of thoughts and
feelings or gestures that are sexual or that reasonably may be construed by a
patient as sexual.
(3) Sexual
violation: Licensee-patient sex, whether or not initiated by the patient, and
engaging in any conduct with a patient that is sexual or may be reasonably
interpreted as sexual, including but not limited to:
(a) Sexual intercourse;
(b) Genital to genital contact;
(c) Oral to genital contact;
(d) Oral to anal contact;
(e) Genital to anal contact;
(f) Kissing;
(g) Touching breasts, genitals, or any
sexualized body part for any purpose other than appropriate examination or
treatment, or where the patient has refused or has withdrawn consent;
(h) Licensee touching their sexualized body
part against any part or parts of a patient's body for purposes of sexual
gratification;
(i) Licensee
touching their sexualized body part against any part or parts of a patient's
body for non-therapeutic or sexual interest;
(j) Encouraging the patient to masturbate in
the presence of the licensee or masturbation by the licensee while the patient
is present;
(k) Offering to
provide compensation, products, or services in exchange for sexual favors;
(l) Requesting a date or romantic
relationship with a patient.
(4) Sexual impropriety: Behavior, gestures,
or expressions that are seductive, sexually suggestive, or sexually demeaning
to a patient, to include:
(a) Taking,
transmitting, viewing, or in any way using photos or any other images of a
patient, their family, or associates for the sexual interest of
others;
(b) Intentional viewing in
the health care setting of any sexually explicit conduct for sexual
interests;
(c) Having any
involvement with child pornography, which is defined as any visual depiction of
a minor (a child younger than 18) engaged in sexually explicit
conduct;
(d) Communication in
person, by mail, by telephone, or by other electronic means, including but not
limited to text message, e-mail, video or social media;
(e) Comments and/or expressing opinions about
a patient's body, including body modifications or clothing;
(f) Comments and/or expressing opinions about
the patient's sexual orientation or gender identity;
(g) Comments and/or expressing opinions about
potential sexual performance;
(h)
Initiating or participating in a conversation with a patient regarding the
chiropractic physician's own sexuality, including sexual problems, preferences,
or fantasies that are unnecessary and/or not related to the patient's
psychosocial evaluation for purposes of treatment;
(i) Initiating conversation with, or
requesting details of, a patient's sexuality, including history, sexual
problems, sexual fantasies, or sexual preferences that are unnecessary and/or
not related to the patient's psychosocial evaluation for purposes of
treatment;
(j) Failure to explain
the necessity of performing any procedure that involves exposure or contact
with the pelvic area, genitals, rectum, prostate, or breasts. In the event the
patient is a minor, the explanation shall be given to the parent or legal
guardian, as well as the patient. The chiropractic physician must ensure that
the patient comprehends the necessity for such examination;
(k) Failure to provide privacy for disrobing
and/or failure to provide proper gownings/draping.
(5) An individual is considered a patient
until six months has passed from the date the doctor-patient relationship was
formally terminated and documented in the patient record. An individual remains
a patient until the doctor-patient relationship is terminated even if the
individual is not actively receiving professional services from the licensee.
(a) In determining whether a patient is a
current patient, the Board may consider the length of time of the
doctor-patient contact, evidence of termination of the doctor-patient
relationship, the nature of the doctor-patient relationship, and any other
relevant information.
(b) In the
case of a certificate holder, the certificate holder has the responsibility to
report to their supervising licensee any intent to romantically or sexually
engage with a patient. The certificate holder has a duty to report any actions
taken against a patient that can be perceived as a violation of this rule. A
licensee who supervises a certificate holder has the responsibility to take
appropriate action to protect the patient.
Statutory/Other Authority: ORS
684.155
Statutes/Other Implemented: ORS
684
