Section 246-812-480 - Sexual misconduct(1) A denturist shall not engage, or attempt to engage, in sexual misconduct with a current patient, or key party, inside or outside the health care setting. Sexual misconduct shall constitute grounds for disciplinary action. Sexual misconduct includes, but is not limited to: (b) Touching the breasts, genitals, anus, or any sexual-ized body part, except as consistent with accepted community standards of practice for examination, diagnosis, and treatment within a denturist's scope of practice;(c) Rubbing against a patient or key party for sexual gratification;(e) Hugging, touching, fondling, or caressing of a romantic or sexual nature;(f) Examination of or touching genitals without using gloves;(g) Not allowing a patient privacy to dress or undress, except as may be necessary in emergencies or custodial situations;(h) Not providing the patient a gown or draping except as may be necessary in emergencies;(i) Dressing or undressing in the presence of the patient or key party;(j) Removing patient's clothing, gown, or draping without consent, emergent medical necessity, or being in a custodial setting;(k) Encouraging masturbation or other sex act in the presence of the denturist;(l) Masturbation or other sex act by the denturist in the presence of the patient or key party;(m) Suggesting or discussing the possibility of a dating, sexual, or romantic relationship after the professional relationship ends;(n) Terminating a professional relationship for the purpose of dating or pursuing a romantic or sexual relationship;(o) Soliciting a date with a patient or key party;(p) Discussing the sexual history, preferences, or fantasies of the denturist;(q) Any behavior, gestures, or expressions that may reasonably be interpreted as seductive or sexual;(r) Making statements regarding the patient or key party's body, appearance, sexual history, or sexual orientation other than for legitimate health care purposes;(s) Sexually demeaning behavior including any verbal or physical contact which may reasonably be interpreted as demeaning, humiliating, embarrassing, threatening, or harming a patient or key party;(t) Photographing or filming the body or any body part or pose of a patient or key party, other than for legitimate health care purposes; or for the educational or marketing purposes with the consent of the patient or key party; and(u) Showing a patient or key party sexually explicit photographs, other than for legitimate health care purposes.(2) Sexual misconduct also includes sexual contact with any person involving force, intimidation, or lack of consent; or a conviction of a sex offense listed in RCW 9.94A.030.(3) A denturist shall not: (a) Offer to provide health care services in exchange for sexual favors;(b) Use health care information to contact the patient or key party for the purpose of engaging in sexual misconduct; or(c) Use health care information or access to health care information to meet or attempt to meet the health care provider's sexual needs.(4) A denturist shall not engage or attempt to engage in the activities listed in subsection (1) of this section with a former patient or key party within two years after the provider-patient or provider-client relationship ends.(5) After the two-year period of time described in subsection (3) of this section, a denturist shall not engage or attempt to engage in the activities listed in subsection (1) of this section if: (a) There is a significant likelihood that the patient or key party will seek or require additional services from the denturist; or(b) There is an imbalance of power, influence, opportunity, or special knowledge of the professional relationship.(6) When evaluating whether a denturist has engaged or has attempted to engage in sexual misconduct, the board will consider factors including, but not limited to: (a) Documentation of a formal termination and the circumstances of termination of the provider-patient relationship;(b) Transfer of care to another denturist;(c) Duration of the provider-patient relationship;(d) Amount of time that has passed since the last health care services to the patient;(e) Communication between the denturist and the patient between the last health care services rendered and commencement of the personal relationship;(f) Extent to which the patient's personal or private information was shared with the denturist;(g) Nature of the patient's health condition during and since the professional relationship;(h) The patient's emotional dependence and vulnerability; and (i) Normal revisit cycle for the profession and service.(7) Patient or key party initiation or consent does not excuse or negate the denturist's responsibility.(8) These rules do not prohibit: (a) Providing health care services in case of emergency where the services cannot or will not be provided by another denturist;(b) Contact that is necessary for a legitimate health care purpose and that meets the standard of care appropriate to the denturist profession; or(c) Providing health care services for a legitimate health care purpose to a person who is in a preexisting, established personal relationship with the denturist, and where there is no evidence of, or potential for, exploiting the patient.Wash. Admin. Code § 246-812-480
Adopted by WSR 14-24-033, Filed 11/24/2014, effective 12/25/2014Amended by WSR 20-04-028, Filed 1/28/2020, effective 2/28/2020