Current through Register Vol. 24-18, September 15, 2024
(1) A
nursing home administrator shall 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;
(c)
Rubbing against a patient or client or key party for sexual
gratification;
(d) Kissing of a
romantic or sexual nature;
(e)
Hugging, touching, fondling or caressing of a romantic or sexual
nature;
(f) Examination of or
touching genitals;
(g) Not allowing
a patient or client privacy to dress or undress;
(h) Not providing the patient or client a
gown or draping;
(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;
(k) Encouraging
masturbation or other sex act in the presence of the nursing home
administrator;
(l) Masturbation or
other sex act by the nursing home administrator in the presence of the patient,
client or key party;
(m)
Terminating a professional relationship for the purpose of dating or pursuing a
romantic or sexual relationship;
(n) Soliciting a date with a patient, client
or key party;
(o) Discussing the
sexual history, preferences or fantasies of the nursing home
administrator;
(p) Any behavior,
gestures, or expressions that may reasonably be interpreted as seductive or
sexual;
(q) Making statements
regarding the patient, client or key party's body, appearance, sexual history,
or sexual orientation other than for legitimate health care purposes;
(r) 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;
(s) 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
(t) 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 nursing home administrator shall 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 nursing home
administrator's sexual needs.
(4) A nursing home administrator shall 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 (4) of this section, a nursing home administrator 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, client or key party will seek or require
additional services from the nursing home administrator; or
(b) There is an imbalance of power,
influence, opportunity and/or special knowledge of the professional
relationship.
(6) When
evaluating whether a nursing home administrator is prohibited from engaging, or
attempting to engage, in sexual misconduct, the board of nursing home
administrators will consider factors including, but not limited to:
(a) Documentation of a formal termination and
the circumstances of termination of the nursing home administrator-patient
relationship;
(b) Transfer of care
to another nursing home administrator;
(c) Duration of the nursing home
administrator-patient relationship;
(d) Amount of time that has passed since the
last health care services to the patient or client;
(e) Communication between the nursing home
administrator 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 client's
personal or private information was shared with the nursing home
administrator;
(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; and
(i) Normal revisit cycle for the profession
and service.
(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) Contact that
is necessary for a legitimate health care purpose and that meets the standard
of care appropriate to nursing home administrators; or
(b) Providing health care services for a
legitimate health care purpose to a person who is in a preexisting, established
personal relationship with the nursing home administrator where there is no
evidence of, or potential for, exploiting the patient or client.
Statutory Authority:
RCW
18.130.050(1) and (12) and
18.52.061(1).
07-08-005, § 246-843-280, filed 3/22/07, effective
4/22/07.
