Rule 100-7-.05 - Sexual Misconduct(1) For the purposes of this Section, sexual misconduct shall include, but not be limited to, the following: (a) engaging in sexual misconduct with a patient. (2) "Patient" as used in this Section is any person, other than a spouse, who was being examined or who was under the care or treatment of the chiropractor when the incident or incidents of sexual misconduct allegedly occurred, regardless of whether the person was billed by or was paying for chiropractic services; regardless if the alleged sexual misconduct occurred outside of professional treatment sessions; or the alleged sexual misconduct was off the premises regularly used by the licensee for the professional treatment of patients and regardless of whether the person consented. A person shall be considered a patient until six (6) months has elapsed since the last date on which the chiropractor examined or treated the person.(3) "Sexual Misconduct" as used in this Section means sexual impropriety which may include but is not limited to: (a) Any behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexually demeaning;(b) Inappropriate sexual comments about and to a patient including sexual comments about an individual's body;(c) Requesting unnecessary details of sexual history or sexual likes and dislikes;(d) Making a request to date;(e) Initiating conversation regarding the sexual problems, preferences, or fantasies of the licensee;(f) Participation in acts of a sexual nature recorded on film, in print or in an electronic medium;(g) Acceptance of compensation for acts of a sexual nature and as described as "sexual intimacy."(h) Kissing or fondling of a sexual nature; or(i) Any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature.(4) "Sexual intimacy" as used in this Section means acts which may include engaging in any conduct that is sexual or may be reasonably interpreted as sexual, such as:(c) Oral to genital contact;(d) Genital to anal contact;(e) Oral to anal contact;(f) Oral to oral contact;(g) Touching breasts or genitals;(h) Encouraging the patient or another to masturbate in the presence of the licensee;(i) Masturbation by the licensee when another is present; or(j) Any bodily exposure of normally covered body parts.Ga. Comp. R. & Regs. R. 100-7-.05
O.C.G.A. Secs. 43-1-25, 43-9-6.1, 43-9-12, 43-9-12.1, 43-9-16.
Original Rule entitled "Sexual Misconduct" adopted. F. Apr. 27, 2004; eff. May 17, 2004.