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 11-16-5 - Sexual Misconduct With A Former Patient

Universal Citation: 11 WV Code of State Rules 11-16-5

Current through Register Vol. XLI, No. 38, September 20, 2024

5.1. A romantic or sexual relationship between a practitioner and a former patient after termination of the practitioner-patient relationship constitutes sexual misconduct if:

5.1.1. The relationship is, at least in part, a result of the exploitation of trust, knowledge, emotions or influence derived from the previous professional relationship or if the relationship would otherwise foreseeably harm the former patient;

5.1.2. The relationship occurs within 90 days of the termination of the practitioner-patient relationship; or

5.1.3. The practitioner provided psychiatric or mental health services to the patient and the conduct is in violation of the code of ethics of the American Psychiatric Association as set forth in American Psychiatric Association's Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry.

5.2. It is sexual misconduct for a practitioner to engage in sexual contact, sexual interactions, or sexual impropriety with a former patient within 90 days of the termination of the practitioner-patient relationship.

5.3. Sexual misconduct with a former patient as set forth in this section constitutes dishonorable, unethical, and unprofessional conduct.

5.4. Consent, participation, or initiation by a former patient 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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