Current through Register Vol. 24-18, September 15, 2024
(1) The
definitions in this subsection apply throughout this section unless the context
clearly requires otherwise:
(a) "Patient"
means a person who is receiving health care or treatment, or has received
health care or treatment without a termination of the osteopathic
physician-patient relationship. The determination of when a person is a patient
is made on a case-by-case basis with consideration given to a number of
factors, including the nature, extent and context of the professional
relationship between the osteopathic physician and the person. The fact that a
person is not actively receiving treatment or professional services is not the
sole determining factor.
(b)
"Osteopathic physician" means a person licensed to practice osteopathic
medicine and surgery under chapter 18.57 RCW.
(c) "Key third party" means a person in a
close personal relationship with the patient and includes, but is not limited
to, spouses, partners, parents, siblings, children, guardians and
proxies.
(2) An
osteopathic physician shall not engage in sexual misconduct with a current
patient or a key third party. An osteopathic physician engages in sexual
misconduct when he or she engages in the following behaviors with a patient or
key third party:
(a) Sexual intercourse or
genital to genital contact;
(b)
Oral to genital contact;
(c)
Genital to anal contact or oral to anal contact;
(d) Kissing in a romantic or sexual
manner;
(e) Touching breasts,
genitals or any sexualized body part for any purpose other than appropriate
examination or treatment;
(f)
Examination or touching of genitals without using gloves;
(g) Not allowing a patient the privacy to
dress or undress;
(h) Encouraging
the patient to masturbate in the presence of the osteopathic physician or
masturbation by the osteo-pathic physician while the patient is
present;
(i) Offering to provide
practice-related services, such as medication, in exchange for sexual
favors;
(j) Soliciting a
date;
(k) Engaging in a
conversation regarding the sexual history, preferences or fantasies of the
osteopathic physician.
(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 osteopathic physician shall not engage
in any of the conduct described in subsection (2) of this section with a former
patient or key third party if the osteopathic physician:
(a) Uses or exploits the trust, knowledge,
influence, or emotions derived from the professional relationship; or
(b) Uses or exploits privileged information
or access to privileged information to meet the osteopathic physician's
personal or sexual needs.
(5) To determine whether a patient is a
current patient or a former patient, the board will analyze each case
individually, and will consider a number of factors including, but not limited
to, the following:
(a) Documentation of
formal termination;
(b) Transfer of
the patient's care to another health care provider;
(c) The length of time that has
passed;
(d) The length of time of
the professional relationship;
(e)
The extent to which the patient has confided personal or private information to
the osteopathic physician;
(f) The
nature of the patient's health problem;
(g) The degree of emotional dependence and
vulnerability.
(6) This
section does not prohibit conduct that is required for medically recognized
diagnostic or treatment purposes if the conduct meets the standard of care
appropriate to the diagnostic or treatment situation.
(7) It is not a defense that the patient,
former patient, or key third party initiated or consented to the conduct, or
that the conduct occurred outside the professional setting.
(8) A violation of any provision of this rule
shall constitute grounds for disciplinary action.
Statutory Authority:
RCW
18.57.005,
18.130.050 and chapters 18.57,
18.57A RCW. 07-12-091, § 246-853-600, filed 6/6/07, effective
7/7/07.
