Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter E - SEXUAL MISCONDUCT › Section 40.301 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Patient (includes resident and client)
-A
						person, other than the spouse of the physical therapist or physical therapist
						assistant, who receives professional services from the physical therapist or
						physical therapist assistant regardless of whether the services are provided
						for remuneration.
Professional relationship
- For a
						physical therapist or physical therapist assistant, the relationship shall be
						deemed to exist for a period of time beginning with the first professional
						contact or consultation between a physical therapist or physical therapist
						assistant and a patient and ending upon discharge from or discontinuance of
						services provided by the physical therapist or physical therapist
						assistant.
Sexual impropriety
-The term includes the
						following offenses:
(i) Making
					 sexually demeaning or sexually suggestive comments about or to a patient,
					 including comments about a patient's body or undergarments.
(ii) Unnecessarily exposing a patient's body
					 or watching a patient dress or undress, unless for therapeutic purposes or the
					 patient specifically requests assistance.
(iii) Examining or touching genitals without
					 the use of gloves when performing an otherwise appropriate
					 examination.
(iv) Discussing or
					 commenting on a patient's potential sexual performance or requesting details of
					 a patient's sexual history or preferences during an examination or
					 consultation, except when the examination or consultation is pertinent to the
					 issue of sexual function or dysfunction or reproductive health care.
(v) Soliciting a date from a
					 patient.
(vi) Volunteering
					 information to a patient about one's sexual problems, preferences or
					 fantasies.
Sexual violation
-The term includes the
						following offenses:
(i) Sexual
					 intercourse between a physical therapist or physical therapist assistant and a
					 patient during the professional relationship.
(ii) Genital to genital contact between a
					 physical therapist or physical therapist assistant and a patient during the
					 professional relationship.
(iii)
					 Oral to genital contact between a physical therapist or physical therapist
					 assistant and a patient during the professional relationship.
(iv) Touching breasts, the genitals, or any
					 other part of the body of a patient in a sexual, erotic or romantic manner.
					 Touching for the purpose of an appropriate examination or treatment does not
					 constitute a sexual violation.
(v)
					 Encouraging a patient to masturbate in the presence of the physical therapist
					 or physical therapist assistant or masturbating while a patient is
					 present.
(vi) Providing or offering
					 to provide treatment in exchange for sexual favors.
This section cited in 49 Pa. Code §
													40.304 (relating to disciplinary
						  actions).