N.J. Admin. Code § 13:44E-2.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:44E-2.3 - Sexual misconduct(a) By this section, the State Board of Chiropractic Examiners is identifying for its licensees conduct that it shall deem to be violative of law.(b) As used in this section, the following terms have the following meanings unless the context indicates otherwise: 1. "Licensee" means any person licensed to engage in the practice of chiropractic as regulated by the State Board of Chiropractic Examiners.2. "Patient" means any person who is the recipient of a professional service rendered by a licensee for the purposes of diagnosis, care or a consultation relating to chiropractic care. "Patient" for purposes of this section also means a person who is the subject of professional examination even if the purpose of that examination is unrelated to care.3. "Patient-chiropractor relationship" means an association between a chiropractor and patient wherein the licensee owes a continuing duty to the patient to be available to render professional services consistent with his or her chiropractic training and experience. The performance of any professional chiropractic service includes, but is not limited to, any consultation, examination, and care provided by a licensee in furtherance of chiropractic care or consultation.4. "Sexual contact" means the knowing touching of a person's body directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the licensee's own prurient interest or for sexual arousal or gratification. "Sexual contact" includes, but is not limited to, the imposition of a part of the licensee's body upon a part of the patient's body, sexual penetration, or the insertion or imposition of any object or any part of a licensee or patient's body into or near the genital, anal or other opening of the other person's body. "Sexual contact" does not include the touching of a patient's body which is necessary during the performance of a generally accepted and recognized chiropractic technique.5. "Sexual harassment" means solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and which occurs in connection with a licensee's activities or role as a provider of chiropractic services, and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a patient, co-worker, employee, student or supervisee whether or not such individual is in a subordinate position to the licensee.6. "Spouse" means the husband, wife or fiancee of the licensee or an individual involved in a long-term committed relationship with the licensee.i. For purposes of this section, a long-term committed relationship means a relationship which is at least six months in duration.(c) A licensee shall not engage in sexual contact with a patient with whom he or she has a patient-chiropractor relationship. The patient-chiropractor relationship is considered ongoing for purposes of this section, unless:1. Professional services are terminated by written notice to the patient via certified mail return receipt requested and documentation in the patient record; and2. Three months have elapsed since the last professional service was rendered.(d) A licensee shall not seek or solicit sexual contact with a patient with whom he or she has a patient-chiropractor relationship and shall not seek or solicit sexual contact with any person in exchange for professional services.(e) A licensee shall not engage in any discussion of an intimate sexual nature with a patient, unless that discussion is related to legitimate patient needs. Such discussion shall not include disclosure by the licensee of his or her own intimate sexual relationships.(f) A licensee shall provide privacy and examination conditions which prevent the exposure of the unclothed body of the patient unless necessary to the professional chiropractic services being rendered.(g) A licensee shall not engage in sexual harassment in a professional setting while performing in a professional capacity.(h) A licensee shall not engage in any other activity which would lead a reasonable person to believe that the activity serves the licensee's personal prurient interests or is for the sexual arousal, or sexual gratification of the licensee or patient or which constitutes an act of sexual abuse.(i) Violation of any of the prohibitions or directives set forth at (c) through (h) above shall be deemed to constitute professional misconduct pursuant to 45:1-21(e).(j) Nothing in this section shall be construed to prevent a licensee from rendering any professional chiropractic service to a spouse, providing that the rendering of such service is consistent with accepted standards of chiropractic care and that the performance of chiropractic services is not utilized to exploit the patient spouse for the sexual arousal or sexual gratification of the licensee.(k) It shall not be a defense to any action under this section that:1. The patient solicited or consented to sexual contact with the licensee; or2. The licensee was in love with or had affection for the patient.N.J. Admin. Code § 13:44E-2.3
New Rule, R.1997 d.531, effective 12/15/1997.
See: 29 N.J.R. 3770(b), 29 N.J.R. 5311(a).
Amended by R.2001 d.257, effective 8/6/2001.
See: 33 N.J.R. 1329(a), 33 N.J.R. 2683(a).
Substituted "care" for "treatment", and "chiropractor" for "physician" throughout; in (c)(1), substituted "Professional services are" for "Activity".
Amended by R.2007 d.31, effective 2/20/2007.
See: 38 N.J.R. 3235(a), 39 N.J.R. 656(a).
In (a), substituted "that" for "which"; in (c)1, deleted a comma following "terminated" and "way of" preceding "written", inserted "via certified mail return receipt requested" and substituted "and" for "or" at the end; in (c)2, substituted "Three months have elapsed since the" for "The" and deleted "more than three months ago" following "rendered".