Ohio Administrative Code › Title 4734 - State Chiropractic Board › Chapter 4734-9 - Discipline › Section 4734-9-06 - Sexual misconduct

Current through all regulations passed and filed through July 1, 2024
(A) A patient is any person who is the
			 recipient of a professional service rendered by a licensee. A doctor-patient relationship is any
			 relationship between a licensee and a patient wherein
			 the licensee provides professional services to the
			 patient. An individual is considered a patient until thirty days have elapsed
			 from the date the doctor-patient relationship was formally terminated in
			 accordance with rule 4734-8-01 of the Administrative Code. An individual remains a
			 patient until the doctor-patient relationship is terminated regardless if the
			 individual is not actively receiving professional services from
			 the
								licensee. Sexual contact between a
			 licensee and a former patient after termination of the
			 doctor-patient relationship may still constitute sexual misconduct if the
			 contact is the result of the exploitation of trust, knowledge, or influence of
			 emotions derived from the doctor-patient relationship.
(B) The doctor-patient relationship requires
			 the licensee to exercise the utmost care that
			 they
			 will do nothing to exploit the trust and dependency of the patient.
			 Licensees shall make every effort to avoid other types
			 of relationships that impair their professional judgment or risk the possibility of
			 exploiting the confidence placed in them by a patient.
(C) Sexual misconduct is any verbal or
			 physical action or behavior, or expression of thoughts or feelings, or gestures
			 that are sexual or that reasonably may be constured by a patient as sexual or
			 conduct that exploits the doctor-patient relationship in a sexual manner,
			 regardless of consent of the patient.
(D) Sexual misconduct includes, but is not
			 limited to:
(1) Failure to provide privacy for
			 disrobing and/or failure to provide proper gowns;
(2) Failure to explain the necessity of
			 performing any procedure that involves exposure or contact with the pelvic
			 area, genitals, rectum, prostate, or  breast. In the event the patient is a minor,
			 the explanation shall be given to the parent or legal guardian. The
			 licensee must ensure that the patient comprehends the
			 necessity for such examination prior to performing the
			 procedure;
(3) Failure to
			 have a third party present while performing any examination that involves
			 exposure or contact with the pelvic area, genitals, rectum,
			 
									prostate or 
			 breast without the patient's signed consent;
(4) Subjecting a patient to exposure or
			 contact with the pelvic area, genitals, rectum, 
									prostate or
			  breast in the presence of a third
			 party without the patient's consent;
(5) Examining or touching a patient's
			 pelvic area, genitals, rectum, prostate or breast
			 without  gloves;
(6) Conduct that may reasonably be
			 interpreted as intended for the sexual arousal or gratification of the
			 licensee, patient, or both;
(7)
									Making
			 comments that are not clinically relevant about or to the patient, including,
			 but not limited to, sexual comments  about the patient's body, underclothing, or sexual
			 orientation; sexually demeaning comments; or comments
			 about potential sexual performance;
(8)
									Solicitating a date or romantic relationship with a
			 patient;
(9) Initiating or
			 participating in a conversation with a patient regarding the
			 licensee's own sexuality, including sexual problems,
			 preferences, or fantasies;
(10)
			 Initiating conversation with, or requesting details of, a patient's sexuality,
			 including history, sexual problems, sexual fantasies or sexual preferences
			 when not clinically
			 indicated for the type of health care services rendered;
(11)
			 Participation in acts of sexual nature that is recorded on film, in print, or
			 in an electronic medium;
(12) Kissing or
			 fondling of a sexual nature;
(13) Touching any
			 body part that has sexual connotation for the licensee or the patient for any
			 purpose other than for the patient's legitimate health care need;
(14)
			 Encouraging a patient to masturbate in the presence of the
			 licensee or masturbation by the
			 licensee in the presence of a patient;
(15)
			 Sexual acts involving kissing, genital to genital
			 contact, vaginal or anal intercourse, oral to genital, oral to anal,
			 and/or oral to breast contact;
(16) Sexually
			 demeaning conduct or conduct that demonstrates a lack of respect for the patient's
			 privacy;
(17) Offering to provide or providing chiropractic, animal chiropractic, or acupuncture services in
			 exchange for any prohibited conduct outlined in this rule.