Current through Register Vol. 24-18, September 15, 2024
(1) The
following definitions 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 physician assistant-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
physician assistant and the person. The fact that a person is not actively
receiving treatment or professional services is not the sole determining
factor.
(b) "Physician assistant"
means a person licensed to practice as a physician assistant under chapter
18.71A 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) A physician assistant shall not engage in
sexual misconduct with a current patient or a key third party. A physician
assistant 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, except for
examinations of an infant or prepubescent child when clinically
appropriate;
(g) Not allowing a
patient the privacy to dress or undress;
(h) Encouraging the patient to masturbate in
the presence of the physician assistant or masturbation by the physician
assistant while the patient is present;
(i) Offering to provide practice-related
services, such as medications, in exchange for sexual favors;
(j) Soliciting a date;
(k) Engaging in a conversation regarding the
sexual history, preferences or fantasies of the physician assistant.
(3) A physician assistant 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 physician assistant:
(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 physician assistant's personal
or sexual needs.
(4)
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.
(5) To determine
whether a patient is a current patient or a former patient, the commission 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 physician assistant;
(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
18.130.180,
18.71.017, and
18.71A.020. 06-03-028, §
246-918-410, filed 1/9/06, effective
2/9/06.
