Section 373-10-2 - SANCTIONSIf the Board finds that a licensee has engaged in sexual misconduct as defined in section 1 of these rules the licensee shall be disciplined in accordance with these rules.
1. All disciplinary sanctions under 32 M.R.S. §2591-A, 32 M.R.S. §3282-A and 10 M.R.S. §8003 are applicable.2. Sexual Violations. Findings of sexual violations are egregious enough to warrant revocation of a physician/physician assistant's license. The Board may, at times, find that mitigating circumstances do exist and may impose a lesser sanction.3. Sexual Impropriety. Findings of sexual impropriety will result in harsh sanction, which may include revocation.4. Factors affecting sanctions. Special consideration should be given to at least the following factors when determining an appropriate sanction: a. patient and/or key third party harm;b. opportunity (type of practice) for past/future misconnduct;c. severity of impropriety or inappropriate behavior;d. context within which the impropriety or inappropriate behavior occurred;e. culpability of licensee;f. psychotherapeutic relationship;g. existence of a physician/physician assistant-patient and/or key third party relationship;h. scope and depth of the physician/physician assistant relationship with the patient and/or key third party;i. inappropriate termination of physician/physician assistant-patient relationship;j. age and competence of the patient and/or key third party;k. physical/mental capacity of the patient and/or key third party;l. vulnerability of the patient and/or key third party;m. number of times behavior occurred;n. number of patients and/or key third parties involved;o. period of time relationship existed; p. evaluation/assessment results;q. prior professional disciplinary history; andr. recommendation(s) of assessing/treating professional(s).02-373 C.M.R. ch. 10, § 2