Section 163-14-1 - Definitions1. "EMS Provider" is an individual who is licensed or certified according to the provisions of 32 M.R.S. §81et seq. and the Maine EMS Rules.2. "Sexual misconduct" is behavior that exploits the EMS Provider-patient relationship in a sexual way. This behavior is non-diagnostic and/or non-therapeutic, may be verbal or physical, and may include expressions or gestures that have a sexual connotation or that a reasonable person would construe as such. Sexual misconduct is considered unprofessional conduct pursuant to 32 M.R.S. §90-A(5)(F) and Chapter 11 of the Maine EMS Rules. There are two levels of sexual misconduct: sexual violation and sexual impropriety. Behavior listed in either category may be the basis for disciplinary action.3. "Sexual violation" is any conduct by an EMS Provider with a patient that is sexual or may be reasonably interpreted as sexual, even when initiated by or consented to by a patient, including but not limited to: A. Sexual intercourse, genital to genital contact;B. Oral to genital contact;C. Oral to anal contact or genital to anal contact;D. Kissing in a sexual manner;E. Any touching of a body part for any purpose other than appropriate examination or treatment.F. Encouraging the patient to masturbate in the presence of the EMS Provider or masturbation by the EMS Provider while the patient is present; and,G. Offering to provide practice-related services, such as drugs, in exchange for sexual favors.4. "Sexual impropriety" is behavior, gestures, or expressions by the EMS Provider that are seductive, sexually suggestive, or sexually demeaning to a patient, including but not limited to: B. Disrobing, draping practices or touching of the patient's clothing that reflect a lack of respect for the patient's privacy; deliberately watching a patient dress or undress, instead of providing privacy for disrobing;C. Examination or touching of genitals without a reported, suspected or obvious injury;D. Inappropriate comments about or to the patient, including but not limited to making sexual comments about a patient's body or underclothing; making sexualized or sexually demeaning comments to a patient, criticizing the patient's sexual orientation, making comments about potential sexual performance during an examination or consultation, requesting details of sexual history or requesting information on sexual likes or dislikes;E. Using the EMS Provider-patient relationship to solicit a date or initiate romantic relationship;F. Initiation by the EMS Provider of conversation regarding the sexual problems, preferences, or fantasies of the EMS Provider, the sexual preferences or fantasies of the patient, or sexual problems of the patient that are not relevant to emergency medical treatment.16-163 C.M.R. ch. 14, § 1