Current through Register Vol. 24-18, September 15, 2024
(1) A health
care provider may not engage, or attempt to engage, in sexual misconduct with a
current patient, client, or key party , inside or outside the health care
setting. Sexual misconduct constitutes grounds for disciplinary action. Sexual
misconduct includes but is not limited to:
(a)Sexual intercourse;
(b)Touching the breasts, genitals, anus or
any sexualized body part except as consistent with accepted community standards
of practice for examination, diagnosis and treatment and within the health care
practitioner's scope of practice;
(c)Rubbing against a patient or client 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 or client privacy
to dress or undress except as may be necessary in emergencies or custodial
situations;
(h) Not providing the
patient or client a gown or draping except as may be necessary in
emergencies;
(i) Dressing or
undressing in the presence of the patient, client or key party;
(j) Removing patient or client's clothing or
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 health care
provider;
(l) Masturbation or other
sex act by the health care provider in the presence of the patient, client 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, client or key party;
(p) Discussing the sexual history,
preferences or fantasies of the health care provider;
(q) Any behavior, gestures, or expressions
that may reasonably be interpreted as seductive or sexual;
(r) Making statements regarding the patient,
client 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, client or key
party;
(t) Photographing or filming
the body or any body part or pose' of a patient, client, or key party, other
than for legitimate health care purposes; and
(u) Showing a patient, client 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 as defined
in RCW 9.94A. 030.
(3)A health care
provider may not:
(a)Offer to provide health
care services in exchange for sexual favors;
(b)Use health care information to contact the
patient, client or key party for the purpose of engaging in sexual
misconduct;
(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 health care provider may not engage, or
attempt to engage, in the activities listed in subsection (1) of this section
with a former patient, client or key party within two years after the
provider-patient/client relationship ends.
(5) After the two-year period of time
described in subsection (3) of this section, a health care provider may 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, client or key party will seek or require
additional services from the health care provider; or
(b)There is an imbalance of power, influence,
opportunity or special knowledge of the professional relationship.
(6) When evaluating whether a
health care provider is prohibited from engaging, or attempting to engage, in
sexual misconduct, the board of hearing and speech 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 health care provider;
(c)Duration of the provider-patient
relationship;
(d)Amount of time
that has passed since the last health care services to the patient or
client;
(e)Communication between
the health care provider and the patient or client between the last health care
services rendered and commencement of the personal relationship;
(f)Extent to which the patient's or the
client's personal or private information was shared with the health care
provider;
(g) Nature of the patient
or client's health condition during and since the professional
relationship;
(h) The patient or
client's emotional dependence and vulnerability;
(i) Normal revisit cycle for the profession
and service; and
(7)
Patient, client or key party initiation or consent does not excuse or negate
the health care provider'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 health
care provider;
(b)Contact that is
necessary for a legitimate health care purpose and that meets the standard of
care appropriate to that 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 health care provider where there is no evidence
of, or potential for, exploiting the patient or client.
Statutory Authority:
RCW
18.35.161 and
18.130.050. 07-09-093, §
246-828-625, filed 4/18/07, effective
5/19/07.
