IMPLEMENTATION OF THIS CHAPTER
STATUTORY AUTHORITY: Title 32 §3269 (7) and 3270-A, B, C. and, Title 32 M.R.S.A. §2562, 2594-C.
EFFECTIVE DATE:
Basis Statement:
This rule was adopted to provide standardized guidelines to identify sexual misconduct violations in the physician/physician assistant-patient relationship and to establish parameters for appropriate sanctions. The Boards recognized the need for guidance for physicians in the area of sexual boundaries. Blatant violations are clear but too many areas are left open to interpretation which leaves the public vulnerable and physicians uninformed. These rules codify the generally accepted standard of behavior regarding sexual misconduct in the medical community.
In September, 1996, the Medical and Osteopathic Boards co-sponsored a one day conference on sexual boundaries, led by a nationally-known expert, Dr. Barbara Schneidman. Members of other health related Boards, members of Medical Boards from the New England area, professional association members and a few special interest public members were invited and attended the conference.
As a result of this joint effort and the discussions that followed, a joint working committee of Board members developed this set of rules regarding the definitions and range of discipline to be considered by the Boards. The framework for the rules came from a document developed by the Federation of State Medical Boards with the assistance of State Medical Boards, the American Board of Medical Specialties and the public. Additionally, the joint committee of Board members researched the ethics and sexual boundary guidelines of all major medical specialities and the American Medical Association.
These rules have been discussed in public sessions of the meetings of both the Medical and the Osteopathic Boards. A public hearing was held on January 23, 1997, and comments were received by the members of the joint committee. After the public hearing, the Boards, jointly and individually, discussed the public comments and made changes, where appropriate, in the proposed rules.
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