22 Tex. Admin. Code § 79.1

Current through Reg. 49, No. 24; June 14, 2024
Section 79.1 - Inappropriate Sexual Conduct
(a) A licensee, or a chiropractic college student or recent graduate employed by or under the supervision of a licensee, may not:
(1) engage in a consensual sexual relationship with a patient;
(2) inappropriately touch an individual's genitals, anus, or breasts;
(3) make any statements, gestures, or expressions, using any means, towards an individual which may reasonably be interpreted as sexual in nature;
(4) request unnecessary details of an individual's sexual history or sexual preferences;
(5) request to initiate an intimate relationship with a patient;
(6) discuss the licensee's sexual desires, problems, preferences, or fantasies;
(7) request sexual acts or favors in exchange for services;
(8) inappropriately expose genitalia or other customarily covered body parts to an individual; or
(9) masturbate in the presence of an individual.
(b) It is a defense to disciplinary action under subsection (a)(1) of this section if the consensual sexual relationship began more than three months after the doctor-patient relationship ended, or existed before the doctor-patient-relationship began.
(c) It is not a defense to subsection (a)(2) to (9) of this section if the acts occurred:
(1) with the individual's consent; or
(2) outside the place of business used for the practice of chiropractic.
(d) A licensee, student, or recent graduate is subject to disciplinary action for violating this section.

22 Tex. Admin. Code § 79.1

Former section transferred to 22 TAC § 81.1 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; current section adopted by Texas Register, Volume 39, Number 49, December 5, 2014, TexReg 379, eff. 12/6/2014; Amended by Texas Register, Volume 42, Number 19, May 12, 2017, TexReg 2535, eff. 6/1/2017; Transferred from 22 TAC § 78.1 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; Adopted by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6232, eff. 9/13/2020