West Virginia Code of State Rules
Agency 11 - Medicine
Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE
Series 11-16 - Prohibiting Sexual Misconduct by Health Care Practitioners
Section 11-16-4 - Sexual Misconduct With A Surrogate
Universal Citation: 11 WV Code of State Rules 11-16-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Practitioners are prohibited from engaging in sexual misconduct with a surrogate.
4.2. It is not sexual misconduct for a practitioner to participate in a romantic or sexual relationship with a surrogate if:
4.2.1. The
practitioner-patient relationship has terminated;
4.2.2. The surrogate no longer serves as a
surrogate for the patient; or
4.2.3. Objective evidence exists for a
reasonable practitioner to conclude that a romantic or sexual relationship
between the practitioner and surrogate:
4.2.3.a. Would not exploit trust, knowledge,
influence, or emotions derived from a practitioner's professional relationship
with the surrogate;
4.2.3.b. Would
not compromise or have an adverse effect on the patient's care; and
4.2.3.c. The surrogate's decisions and
participation in the patient's health care do not directly affect the health
and welfare of the patient.
4.3. Sexual misconduct with a surrogate constitutes dishonorable, unethical, and unprofessional conduct.
4.4. Surrogate consent, participation or initiation may not be used by a practitioner as defense to charges of practitioner sexual misconduct or as mitigation of professional misconduct.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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