Current through Register Vol. 24-18, September 15, 2024
(1) A
denturist shall not engage, or attempt to engage, in sexual misconduct with a
current patient, or key party, inside or outside the health care setting.
Sexual misconduct shall constitute grounds for disciplinary action. Sexual
misconduct includes, but is not limited to:
(a) Sexual intercourse;
(b) Touching the breasts, genitals, anus, or
any sexual-ized body part, except as consistent with accepted community
standards of practice for examination, diagnosis, and treatment within a
denturist's scope of practice;
(c)
Rubbing against a patient or key party for sexual gratification;
(d) Kissing;
(e) Hugging, touching, fondling, or caressing
of a romantic or sexual nature;
(f)
Examination of or touching genitals without using gloves;
(g) Not allowing a patient privacy to dress
or undress, except as may be necessary in emergencies or custodial
situations;
(h) Not providing the
patient a gown or draping except as may be necessary in emergencies;
(i) Dressing or undressing in the presence of
the patient or key party;
(j)
Removing patient's clothing, gown, or draping without consent, emergent medical
necessity, or being in a custodial setting;
(k) Encouraging masturbation or other sex act
in the presence of the denturist;
(l) Masturbation or other sex act by the
denturist in the presence of the patient or key party;
(m) Suggesting or discussing the possibility
of a dating, sexual, or romantic relationship after the professional
relationship ends;
(n) Terminating
a professional relationship for the purpose of dating or pursuing a romantic or
sexual relationship;
(o) Soliciting
a date with a patient or key party;
(p) Discussing the sexual history,
preferences, or fantasies of the denturist;
(q) Any behavior, gestures, or expressions
that may reasonably be interpreted as seductive or sexual;
(r) Making statements regarding the patient
or key party's body, appearance, sexual history, or sexual orientation other
than for legitimate health care purposes;
(s) Sexually demeaning behavior including any
verbal or physical contact which may reasonably be interpreted as demeaning,
humiliating, embarrassing, threatening, or harming a patient or key
party;
(t) Photographing or filming
the body or any body part or pose of a patient or key party, other than for
legitimate health care purposes; or for the educational or marketing purposes
with the consent of the patient or key party; and
(u) Showing a patient or key party sexually
explicit photographs, other than for legitimate health care purposes.
(2) Sexual misconduct also
includes sexual contact with any person involving force, intimidation, or lack
of consent; or a conviction of a sex offense listed in
RCW
9.94A.030.
(3) A denturist shall not:
(a) Offer to provide health care services in
exchange for sexual favors;
(b) Use
health care information to contact the patient or key party for the purpose of
engaging in sexual misconduct; or
(c) Use health care information or access to
health care information to meet or attempt to meet the health care provider's
sexual needs.
(4) A
denturist shall not engage or attempt to engage in the activities listed in
subsection (1) of this section with a former patient or key party within two
years after the provider-patient or provider-client relationship
ends.
(5) After the two-year period
of time described in subsection (3) of this section, a denturist shall not
engage or attempt to engage in the activities listed in subsection (1) of this
section if:
(a) There is a significant
likelihood that the patient or key party will seek or require additional
services from the denturist; or
(b)
There is an imbalance of power, influence, opportunity, or special knowledge of
the professional relationship.
(6) When evaluating whether a denturist has
engaged or has attempted to engage in sexual misconduct, the board will
consider factors including, but not limited to:
(a) Documentation of a formal termination and
the circumstances of termination of the provider-patient
relationship;
(b) Transfer of care
to another denturist;
(c) Duration
of the provider-patient relationship;
(d) Amount of time that has passed since the
last health care services to the patient;
(e) Communication between the denturist and
the patient between the last health care services rendered and commencement of
the personal relationship;
(f)
Extent to which the patient's personal or private information was shared with
the denturist;
(g) Nature of the
patient's health condition during and since the professional
relationship;
(h) The patient's
emotional dependence and vulnerability; and (i) Normal revisit cycle for the
profession and service.
(7) Patient or key party initiation or
consent does not excuse or negate the denturist's responsibility.
(8) These rules do not prohibit:
(a) Providing health care services in case of
emergency where the services cannot or will not be provided by another
denturist;
(b) Contact that is
necessary for a legitimate health care purpose and that meets the standard of
care appropriate to the denturist profession; or
(c) Providing health care services for a
legitimate health care purpose to a person who is in a preexisting, established
personal relationship with the denturist, and where there is no evidence of, or
potential for, exploiting the patient.
