1. DEFINITIONS
1. "Physician" an individual who is qualified and licensed according to the provisions of 32 M.R.S.A. §3270 et seq and 32 M.R.S.A. §2571 et seq.2. "Physician Assistant" an individual who is qualified and licensed or certified according to the provisions of 32 M.R.S.A. § 3270-A and 3270-B and 32 M.R.S.A. § 2594-A and 2594-B.
3. " Physician/physician assistant sexual misconduct" is behavior that exploits the physician/physician assistant-patient relationship in a sexual way. This behavior is nondiagnostic and/or nontherapeutic, may be verbal or physical, and may include expressions or gestures that have a sexual connotation or that a reasonable person would construe as such. Sexual misconduct is considered incompetence and unprofessional conduct as defined by 32 M.R.S.A 2591-A (2) and 32 M.R.S.A. 3282 -A (2).
There are two levels of sexual misconduct: sexual violation and sexual impropriety. Behavior listed in both levels may be the basis for disciplinary action.
A. "Sexual violation" is any conduct by a physician/physician assistant with a patient that is sexual or may be reasonably interpreted as sexual, even when initiated by or consented to by a patient, including but not limited to:
1. sexual intercourse, genital to genital contact;B. "Sexual impropriety" is behavior, gestures, or expressions by thephysician/physician assistant that are seductive, sexually suggestive, or sexually demeaning to a patient, including but not limited to:2. oral to genital contact;
3. oral to anal contact or genital to anal contact;
4. kissing in a sexual manner (e.g. - french kissing);
5. any touching of a body part for any purpose other than appropriate examination, treatment, or comfort, or where the patient has refused or has withdrawn consent;
6. encouraging the patient to masturbate in the presence of the physician/physician assistant or masturbation by the physician/physician assistant while the patient is present; and,
7. offering to provide practice-related services, such as drugs, in exchange for sexual favors.
1. kissing;2. disrobing, draping practices or touching of the patient's clothing that reflect a lack of respect for the patient's privacy; deliberately watching a patient dress or undress, instead of providing privacy for disrobing;
3. subjecting a patient to an examination in the presence of another when the physician/physician assistant has not obtained the verbal or written consent of the patient or when consent has been withdrawn;
4. examination or touching of genitals without the use of gloves;
5. inappropriate comments 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, criticizing the patient's sexual orientation (homosexual, heterosexual, or bisexual); making comments about potential sexual performance during an examination or consultation (except when the examination or consultation is pertinent to the issue of sexual function or dysfunction); requesting details of sexual history or sexual likes or dislikes when not clinically indicated;
6. using the physician/physician assistant-patient relationship to solicit a date or initiate romantic relationship;
7. initiation by the physician/physician assistant of conversation regarding the sexual problems, preferences, or fantasies of the physician/physician assistant; and,
8. examining the patient without verbal or written consent.
Back to Chapter 10 Sexual Misconduct
Up to Table of Contents
Ahead to 2. Sanctions
