Current through Register Vol. 24-18, September 15, 2024
(1) The
following definitions apply to this section:
(a) "Health care information" means any
information, whether oral or recorded in any form or medium that identifies or
can readily be associated with the identity of, and relates to the health care
of, a patient or client.
(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
or client 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 or client.
(c) "Legitimate health care purpose" means
activities for examination, diagnosis, treatment, and personal care of patients
or clients, including palliative care, as consistent with community standards
of practice for the profession. The activity must be within the scope of
practice of psychology.
(d)
"Patient" or "client" means an individual who receives psychological services
from a psychologist.
(2)
A psychologist shall never 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 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 client or key party for sexual
gratification;
(d)
Kissing;
(e) Hugging, touching,
fondling or caressing of a romantic or sexual nature;
(f) Dressing or undressing in the presence of
the patient, client or key party;
(g) Removing patient or client's clothing or
gown or draping without emergent medical necessity;
(h) Encouraging masturbation or other sex act
in the presence of the psychologist;
(i) Masturbation or other sex act by the
psychologist in the presence of the patient, client or key party;
(j) Suggesting or discussing the possibility
of a dating, sexual or romantic relationship after the professional
relationship ends;
(k) Terminating
a professional relationship for the purpose of dating or pursuing a romantic or
sexual relationship;
(l) Soliciting
a date with a patient, client or key party;
(m) Discussing the sexual history,
preferences or fantasies of the psychologist;
(n) Any behavior, gestures, or expressions
that may reasonably be interpreted as seductive or sexual;
(o) Making statements regarding the patient,
client or key party's body, appearance, sexual history, or sexual orientation
other than for psychological service purposes;
(p) 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;
(q) Photographing or filming
the body or any body part or pose of a patient, client, or key party, other
than for psychological service purposes; and
(r) Showing a patient, client or key party
sexually explicit photographs, other than for psychological service
purposes.
(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 psychologist shall not:
(a) Offer to provide psychological 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 psychologist's sexual
needs.
(5) After the
termination of the psychology services, the psychologist shall not engage, or
attempt to engage, in the activities listed in subsection (2) of this section
with a patient or client for five years or with a key party for two
years.
(6) A psychologist shall
never engage, or attempt to engage, in sexual misconduct with a former client,
patient or key party even after the period of time described in subsection (5)
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 psychologist; or
(b) There is an imbalance of power,
influence, opportunity, and/or special knowledge of the professional
relationship.
(7) When
evaluating whether a psychologist is prohibited from engaging, or attempting 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 psychological
services;
(b) Transfer of care to
another health care provider;
(c)
Duration of the psychological services;
(d) Amount of time that has passed since the
last psychological services were provided to the patient or client;
(e) Communication between the psychologist
and the patient or client between the last psychological 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 psychologist;
(g) Nature of the patient's or client's
mental health condition during and since the professional relationship;
and
(h) The patient's or client's
emotional dependence and vulnerability.
(8) Initiation or consent by patient, client
or key party does not excuse or negate the psychologist's
responsibility.
(9) These rules do
not prohibit providing psychological services in case of emergency where the
services cannot or will not be provided by another psychologist.
(10) Psychologists must not accept as therapy
patients or clients persons with whom they have engaged in sexual contact or
activity.
Statutory Authority:
RCW
18.83.050 and
18.130.050. 07-23-126, §
246-924-358, filed 11/21/07, effective 12/22/07. Statutory Authority:
RCW
18.83.050(5) and chapter
18.83 RCW. 93-07-036 (Order 337B), § 246-924-358, filed 3/10/93, effective
4/10/93.
