Current through Register Vol. 24-18, September 15, 2024
(1) The
following definitions apply to this section:
(a) "Patient" means a person who has received
professional services from the optometrist within the last three years and
whose patient record has not been transferred to another optometrist or health
care professional.
A referral of the patient record must be in writing and
with the knowledge of both the patient and the optometrist or health care
practitioner to whom the record is transferred.
(b) "Key party" means immediate family
members and others who would be reasonably expected to play a significant role
in the health care decisions of the patient and includes, but is not limited
to, the spouse, domestic partner, sibling, parent, child, guardian and person
authorized to make health care decisions of the patient.
(2) An optometrist shall not engage, or
attempt to engage, in sexual misconduct with a patient or key party, inside or
outside the health care setting. Patient or key party initiation or consent
does not excuse or negate the health care provider's responsibility. 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 sexualized body part;
(c) Rubbing against a patient or key party
for sexual gratification;
(d)
Kissing, touching, fondling or caressing of a romantic or sexual
nature;
(e) Encouraging
masturbation or other sex act in the presence of the health care
provider;
(f) Masturbation or other
sex act by the health care provider in the presence of the patient or key
party;
(g) Suggesting the
possibility of a sexual or romantic dating relationship;
(h) Discussing the sexual history,
preferences or fantasies of the health care provider;
(i) Any behavior, gestures, or expressions
that may reasonably be interpreted as seductive or sexual;
(j) Making statements regarding the body,
sexual history, or sexual orientation of the patient or key party;
(k) Any verbal or physical contact which may
reasonably be interpreted as sexually demeaning;
(l) Taking sexually explicit photographs or
films of a patient or key party;
(m) Showing a patient or key party sexually
explicit photographs.
(3)
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.
(4) An
optometrist 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;
(c) Use health care
information or access to health care information to meet or attempt to meet the
optometrist's sexual needs.
(5) An optometrist shall not engage, or
attempt to engage, in the activities listed in subsection (2) of this section
with a former patient or key party if:
(a)
There is a significant likelihood that the patient or key party will seek or
require additional services from the health care provider; or
(b) There is an imbalance of power,
influence, opportunity and/or special knowledge of the professional
relationship.
(6) When
evaluating whether an optometrist engaged, or 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 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;
(e) Communication between the health care
provider 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 health care provider;
(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.
Statutory Authority:
RCW
18.54.070. 94-04-041, § 246-851-550,
filed 1/27/94, effective 2/27/94.
