Washington Administrative Code › Title 246 - Health, Department of › PROFESSIONAL STANDARDS AND LICENSING › Chapter 246-840 - Practical and registered nursing › PRACTICE STANDARDS › Section 246-840-740 - Sexual misconduct prohibited

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Sexual misconduct. A nurse or nursing technician shall not engage, or attempt
				  to engage, in sexual misconduct with a current patient, client, or key party,
				  inside or outside the health care setting. Sexual misconduct shall constitute
				  grounds for disciplinary action. Sexual misconduct includes, but is not limited
				  to:
(a) Sexual intercourse;
(b) Touching the breasts, genitals, anus, or
				  any sexualized body part except as consistent with accepted standards of
				  practice for examination, diagnosis, and treatment and within the nurse or
				  nursing technician's scope of practice;
(c) Rubbing against a patient or client or
				  key party for other than a legitimate health care purpose;
(d) Kissing, hugging, touching, fondling, or
				  caressing of a romantic or sexual nature;
(e) Examination of or touching genitals
				  without using gloves;
(f) Not
				  allowing a patient or client privacy to dress or undress except as may be
				  necessary in emergencies or custodial situations;
(g) Not providing the patient or client a
				  gown or draping except as may be necessary in emergencies;
(h) Dressing or undressing in the presence of
				  the patient, client, or key party;
(i) Removing patient or client's clothing or
				  gown or draping without consent, emergent medical necessity or being in a
				  custodial setting;
(j) Encouraging
				  masturbation or other sex act in the presence of the nurse or nursing
				  technician;
(k) Masturbation or
				  other sex act by the nurse or nursing technician in the presence of the
				  patient, client, or key party;
(l)
				  Suggesting or initiating a discussion of the possibility of a dating, sexual,
				  or romantic relationship after the professional relationship ends;
(m) Terminating a professional relationship
				  for the purpose of dating or pursuing a romantic or sexual
				  relationship;
(n) Soliciting,
				  accepting, or going on a date with an individual the nurse or nursing
				  technician knows, or reasonably should know, to be a patient, client, or key
				  party;
(o) Discussing the sexual
				  history, acts, or fantasies of the nurse or nursing technician;
(p) Any behavior, gestures, or expressions
				  that may reasonably be interpreted as seductive or sexual;
(q) Making statements regarding the patient,
				  client, or key party's body, appearance, sexual history, or sexual orientation
				  for other than legitimate health care purposes;
(r) Any behavior including any verbal or
				  physical contact which may reasonably be interpreted as sexually demeaning,
				  humiliating, embarrassing, threatening, or harming a patient, client or key
				  party;
(s) Photographing or filming
				  the body or any body part or pose of a patient, client, or key party, for other
				  than legitimate health care purposes or at the request of and for the benefit
				  of, the patient, client, or key party; and
(t) Showing a patient, client, or key party
				  sexually explicit photographs, for other than legitimate health care
				  purposes.