Actions Constituting Sexual Misconduct

 

Sexual misconduct may involve:

(1) any sexual impropriety

(2) any sexual contact that is not medically necessary

(3) any sexual conduct

 

Misconduct can occur even when the conduct is initiated by or done with the consent of the patient.

 

Actions that may constitute sexual misconduct:

(1) engage in any sexual behavior done for diagnostic or therapeutic reasons

(2) touching any body part which has a sexual connotation

(3) touching a patient's genitals without the use of gloves

(4) sexual intercourse (genital to genital contact)

(5) oral to genital contact

(6) oral to anal contact

(7) genital to anal contact

(8) kissing in a romantic or sexual manner

(9) encouraging the patient to masturbate in the physician's presence

(10) masturbating in the presence of the patient

(11) offering drugs or medical services in exchange for sexual favors

(12) performing an intimate examination without clinical justification

(13) failing to have a chaperone present during an intimate examination

(14) performing an intimate examination with a third party present who is not functioning as a chaperone and/or without the patient's permission

(15) inappropriate questions about the patient's sexual history or preferences

(16) soliciting a date or romantic relationship

(17) making inappropriate comments about a patient's appearance, sexuality or sexual preferences

(18) failing to provide adequate privacy before, during or after an examination

(19) initiating a discussion on the physician's own sexual problems, fantasies or preferences

(20) any behavior that is sexually demeaning to the patient

(21) any conversation, expression or gesture that may be construed as being sexual