Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 373 - BOARD OF LICENSURE IN MEDICINE › Chapter 10 - SEXUAL MISCONDUCT › Section 373-10-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
"Board"
means the Board of
				Licensure in Medicine or the Board of Osteopathic Licensure.
2.
"Intimate examination"
means
				examination of the breasts, genitalia, or rectum and any anatomy immediately
				adjacent to these areas.
3.
"Key third party"
means immediate family members and others who
				would be reasonably expected to play a significant role in the health care
				decisions of a patient of the physician or physician assistant and includes,
				but is not limited to, the spouse, domestic partner, parent, child, guardian,
				or surrogate.
4.
"Legitimate
				health care purpose"
means activities for examination, diagnosis,
				treatment, and personal care of patients, including palliative care, as
				consistent with community standards in medicine. The activity must also be
				within the scope of practice of medicine.
5.
"Patient"
means an individual
				who currently receives health care from a physician or physician assistant, or
				who previously received health care from a physician or physician assistant
				with in the preceding twelve (12) months. For physicians and physician
				assistants engaged in the practice of psychiatry, "patient" means an individual
				who currently receives or previously received health care from that physician
				or physician assistant.
6.
"Physician"
means an individual who is qualified and licensed
				according to the provisions of
				32 M.R.S.
				§3270
et seq
. and
				32 M.R.S.
				§2571
et seq
.
7.
"Physician Assistant"
means an
				individual who is qualified and licensed or certified according to the
				provisions of
				32
				M.R.S. §3270-E and
				32
				M.R.S. §2594-E.
8.
"Physician/physician assistant
				sexual misconduct"
means behavior that exploits the physician/physician
				assistant and patient/key third party 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.
				§3282-A(2)(E) & (F)
				and
				32 M.R.S.
				§2591-A(2)(E) &
				(F).
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"
means any conduct by a physician/physician assistant with a
				patient and/or key third party that is sexual or may be reasonably interpreted
				as sexual, even when initiated by or consented to by a patient and/or key third
				party, including but not limited to:
1.
				sexual intercourse, genital to genital contact;
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 breasts, genitals, or any sexualized 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;
7. offering to provide practice-related
				services, such as drugs, in exchange for sexual favors;
8. touching, fondling or caressing of a
				romantic or sexual nature;
9.
				rubbing against a patient or key third party for sexual
				gratification;
10. photographing,
				filming or digitally recording the body or any body part or pose of a patient
				or key third party, other than for legitimate health care purposes;
11. showing a patient or key third party
				sexually explicit photographs or digital images, other than for legitimate
				health care purposes;
12.
				requesting a patient or key third party to provide or display or email or text
				sexually explicit material to the physician or physician assistant;
13. performing an intimate exam or
				consultation without the presence of a chaperone, if one was requested by the
				patient; and 14. a criminal conviction for any of the following involving a
				patient and/or key third party:
a. Gross
				Sexual Assault in violation of
				17-A M.R.S.
				§253;
b. Unlawful Sexual Contact in violation of
				 17-A M.R.S.
				§255-A;
c. Sexual Abuse of a Minor in Violation of
				17-A M.R.S.
				§254;
d. Visual Sexual Aggression Against a Child
				in violation of
				17-A M.R.S.
				§256;
e. Sexual Misconduct with a Child Under 14
				Years of Age in violation of
				17-A M.R.S.
				§258;
f. Solicitation of a Child to Commit a
				Prohibited Act in violation of
				17-A M.R.S.
				§259-A;
g. Unlawful Sexual Touching in violation of
				 17-A M.R.S.
				§260;
h. Sexual Exploitation of a Minor in
				violation of
				17-A M.R.S.
				§282.