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 11-16-7 - Exceptions
Universal Citation: 11 WV Code of State Rules 11-16-7
Current through Register Vol. XLI, No. 38, September 20, 2024
7.1. A practitioner's failure to provide for appropriate draping, include chaperones for certain examinations, exclude third parties from examinations absent patient consent, or to wear required personal protective equipment while conducting intimate examinations shall not constitute sexual misconduct if:
7.1.1. The
conduct occurred while the practitioner rendered clinically necessary health
care services to the patient in an emergency;
7.1.2. The patient's clinical condition
required immediate action; and
7.1.3. The patient was unconscious or
otherwise unable to provide consent for the healthcare services and the
practitioner's conduct conformed to the standard of care for the patient
presentation in an emergency setting.
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