Section 380-4-4 - Sexual MisconductA.Sexual Misconduct with a Patient.A nurse shall not engage in sexual or romantic behavior with or towards a patient.B.Sexual Misconduct with a Former Patient.A nurse shall not exploit the knowledge, trust or influence gained from a prior nurse/patient relationship to pursue, engage in or maintain a sexual or romantic relationship with a former patient. Factors to be considered when determining whether there has been a violation under this section, include, but are not limited to, the following: (1) the amount of time that has passed since termination of thenurse/patient relationship;(2) the nature of the patient's health problems and the nursing services provided;(3) the length of time that the nurse/patient relationship existed;(4) the circumstances of termination;(5) the extent to which the patient confided personal or private information to the nurse;(6) the degree of the patient's dependence and vulnerability;(7) whether the nurse suggested or invited, through statements or acts, a post-termination relationship;C.Sexual Misconduct with Persons Related to the Patient.A nurse shall not engage in sexual or romantic behavior with members of the patient's family or with other persons with whom the patient maintains a close personal relationship when there is a foreseeable risk that the relationship could cause harm to or exploitation of the patient.D.Patient consent.The nurse is always and solely responsible for establishing and maintaining professional boundaries. Therefore, patient consent to or initiation of sexual or romantic behavior is not a defense under these rules.