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 podiatric
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 podiatric physician and the person. The fact that a
person is not actively receiving treatment or professional services is not the
sole determining factor.
(b)
"Podiatric physician" means a person licensed to practice podiatric medicine
and surgery under chapter 18.22 RCW.
(c) "Key third party" means a person in a
close personal relationship with the patient and includes, but is not limited
to, spouses, domestic partners, parents, siblings, children, guardians and
proxies.
(2) A podiatric
physician shall not engage in sexual misconduct with a current patient or a key
third party. A podiatric 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 podiatric physician or
masturbation by the podiatric 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 podiatric 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) A podiatric 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 podiatric 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 podiatric 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 podiatric 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
section shall constitute grounds for disciplinary action.
Statutory Authority:
RCW
18.22.015,
18.130.050 and
18.130.180. 07-12-092, §
246-922-600, filed 6/6/07, effective
7/7/07.
