Current through Register Vol. XLI, No. 38, September 20, 2024
2.1. "Chaperone" means a third person who,
with the patient's consent, is present during a medical examination.
2.2. "Health care practitioner" or
"practitioner" means:
2.2.1. A physician,
podiatric physician or physician assistant who holds any practice credential
issued by the Board; or
2.2.2. An
applicant for any practice credential issued by the Board.
2.3. "Health care services" means any
examination, treatment, evaluation, or other medical care rendered by a
practitioner pursuant to a practice credential.
2.4. "Patient" means a person for whom a
practitioner is providing, has provided, or is scheduled to provide health care
services. The fact that a person is not actively receiving treatment or
professional services from a practitioner is not determinative of a person's
status as a patient. Once a practitioner-patient relationship is established, a
person is presumed to remain a patient until the practitioner-patient
relationship is terminated.
2.5.
"Practice credential" means a license, permit, registration, or other
authorization to practice a health profession.
2.6. "Sexual contact" includes, but is not
limited to:
2.6.1. Performing an examination
of the patient's pelvic area, genitals, breasts, rectum, or prostate without
clinical justification;
2.6.2.
Touching any body part that has sexual connotation for the practitioner or
patient, for any purpose other than appropriate and legitimate health care
services, or where the patient has refused or has withdrawn consent;
and
2.6.3. Examining or touching a
patient's genitals without the use of gloves.
2.7. "Sexual impropriety" means practitioner
conduct that is seductive, sexually suggestive, disrespectful of patient
privacy, or sexually harassing or demeaning including but not limited to:
2.7.1. Soliciting or accepting a date or
romantic relationship with a patient or surrogate;
2.7.2. Making comments that are not
clinically relevant about or to the patient, including but not limited to,
making sexual comments about a patient's body or underclothing, making
sexualized or sexually demeaning comments to a patient, or making comments
about potential sexual performance;
2.7.3 Requesting details of the patient's
sexual history, sexual problems, sexual preferences, or sexual fantasies when
not clinically indicated for the type of health care services;
2.7.4. Participation by the practitioner in
conversation regarding the sexual problems, sexual preferences, or sexual
fantasies of the practitioner;
2.7.5. Any verbal, written or electronic
communication between the practitioner and patient or surrogate which are of a
sexual nature, including sexually suggestive or explicit images, messages, or
videos;
2.7.6. Sexual harassment,
including but not limited to the following practitioner conduct towards
patients, surrogates, or other persons the practitioner encounters during the
course of the practitioner's professional practice:
2.7.6.a. Unwelcome sexual advances;
2.7.6.b. Requests for sexual favors;
and
2.7.6.c. Other verbal or
physical conduct of a sexual nature.
2.7.7. Failing to employ disrobing or draping
practices which respect the patient's privacy;
2.7.8. If a patient requests a chaperone,
failing to provide a chaperone in the examining room during an examination of
the pelvic area, genitals, breasts, rectum, or prostate; and
2.7.9. Subjecting a patient to an intimate
examination in the presence of a third party, other than a chaperone, without
the patient's consent.
2.7.10.
Conduct that is sexually demeaning to a patient or which demonstrates a lack of
respect for the patient's privacy.
2.8. "Sexual interaction" means conduct
between a practitioner and patient or surrogate, whether or not initiated by,
consented to, or participated in by the patient or surrogate, that is sexual or
may be reasonably interpreted as sexual, including but not limited to, the
following:
2.8.1. Any physical contact
intended to provide sexual gratification or sexual stimulation to the
practitioner or the patient or surrogate;
2.8.2. Kissing in a romantic or sexual
manner; and
2.8.3. Offering to
provide any health care service, including but not limited to prescribing
medication, in exchange for sexual favors.
2.9. "Sexual misconduct" means:
2.9.1. Conduct that exploits the
practitioner-patient relationship in a sexual way, whether verbal or physical,
and may include the expression of thoughts, feelings or gestures that are
sexual or romantic, or that reasonably may be construed as sexual or
romantic;
2.9.2. Sexual contact
with a patient;
2.9.3. Sexual
interaction with a patient or surrogate; and
2.9.4. Sexual impropriety with a patient,
surrogate, or another person the practitioner encounters during the course of
the practitioner's professional practice.
2.10. "Surrogate" means a key third party
closely involved in a patient's medical decision making and care, including but
not limited to the patient's spouse or partner, family member, legal
representative, proxy, or guardian.
