18 Va. Admin. Code § 60-21-70

Current through Register Vol. 41, No. 4, October 8, 2024

Section 18VAC60-21-70 - [Effective 10/24/2024] Unprofessional practice

A. No dentist shall commit any act that violates provisions of the Code of Virginia that reasonably relate to the practice of dentistry, including:

1. Delegating any dental service or operation that requires the professional competence or judgment of a dentist to any person who is not a licensed dentist or dental hygienist or a registered dental assistant II.

2. Violating any applicable statute or regulation governing ionizing radiation in the Commonwealth of Virginia, including current regulations promulgated by the Virginia Department of Health.

3. Failing to maintain and dispense scheduled drugs as authorized by the Virginia Drug Control Act (Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia) and the regulations of the Board of Pharmacy.

4. Failing to cooperate with an employee of the Department of Health Professions in the conduct of an investigation or inspection.

B. Sexual conduct with a patient, employee, or student.

1. Sexual contact with a patient, employee, or student shall constitute unprofessional conduct if:

a. The sexual contact is unwanted or nonconsensual; or

b. The sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

2. The determination of when a person is a patient for purposes of this section will be made on a case-by-case basis, with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that the person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.

3. Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship.

4. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is the result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to cause an adverse effect on patient care. For purposes of this section, "key third party" shall mean spouse, partner, parent, child, guardian, or legal representative of a patient.

18 Va. Admin. Code § 60-21-70

Derived From, Virginia Register Volume 32, Issue 05, eff. 12/2/2015; Amended, Virginia Register Volume 41, Issue 2, eff. 10/24/2024.

Statutory Authority: § 54.1-2400 of the Code of Virginia.