W. Va. Code R. § 11-16-2

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 11-16-2 - Definitions

2.1. "Chaperone" means a third person who, with the patient's consent, is present during a medical examination.

2.2. "Health care practitioner" or "practitioner" means:

2.2.1. A physician, podiatric physician or physician assistant who holds any practice credential issued by the Board; or

2.2.2. An applicant for any practice credential issued by the Board.

2.3. "Health care services" means any examination, treatment, evaluation, or other medical care rendered by a practitioner pursuant to a practice credential.

2.4. "Patient" means a person for whom a practitioner is providing, has provided, or is scheduled to provide health care services. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of a person's status as a patient. Once a practitioner-patient relationship is established, a person is presumed to remain a patient until the practitioner-patient relationship is terminated.

2.5. "Practice credential" means a license, permit, registration, or other authorization to practice a health profession.

2.6. "Sexual contact" includes, but is not limited to:

2.6.1. Performing an examination of the patient's pelvic area, genitals, breasts, rectum, or prostate without clinical justification;

2.6.2. Touching any body part that has sexual connotation for the practitioner or patient, for any purpose other than appropriate and legitimate health care services, or where the patient has refused or has withdrawn consent; and

2.6.3. Examining or touching a patient's genitals without the use of gloves.

2.7. "Sexual impropriety" means practitioner conduct that is seductive, sexually suggestive, disrespectful of patient privacy, or sexually harassing or demeaning including but not limited to:

2.7.1. Soliciting or accepting a date or romantic relationship with a patient or surrogate;

2.7.2. Making comments that are not clinically relevant about or to the patient, including but not limited to, making sexual comments about a patient's body or underclothing, making sexualized or sexually demeaning comments to a patient, or making comments about potential sexual performance;

2.7.3 Requesting details of the patient's sexual history, sexual problems, sexual preferences, or sexual fantasies when not clinically indicated for the type of health care services;

2.7.4. Participation by the practitioner in conversation regarding the sexual problems, sexual preferences, or sexual fantasies of the practitioner;

2.7.5. Any verbal, written or electronic communication between the practitioner and patient or surrogate which are of a sexual nature, including sexually suggestive or explicit images, messages, or videos;

2.7.6. Sexual harassment, including but not limited to the following practitioner conduct towards patients, surrogates, or other persons the practitioner encounters during the course of the practitioner's professional practice:

2.7.6.a. Unwelcome sexual advances;

2.7.6.b. Requests for sexual favors; and

2.7.6.c. Other verbal or physical conduct of a sexual nature.

2.7.7. Failing to employ disrobing or draping practices which respect the patient's privacy;

2.7.8. If a patient requests a chaperone, failing to provide a chaperone in the examining room during an examination of the pelvic area, genitals, breasts, rectum, or prostate; and

2.7.9. Subjecting a patient to an intimate examination in the presence of a third party, other than a chaperone, without the patient's consent.

2.7.10. Conduct that is sexually demeaning to a patient or which demonstrates a lack of respect for the patient's privacy.

2.8. "Sexual interaction" means conduct between a practitioner and patient or surrogate, whether or not initiated by, consented to, or participated in by the patient or surrogate, that is sexual or may be reasonably interpreted as sexual, including but not limited to, the following:

2.8.1. Any physical contact intended to provide sexual gratification or sexual stimulation to the practitioner or the patient or surrogate;

2.8.2. Kissing in a romantic or sexual manner; and

2.8.3. Offering to provide any health care service, including but not limited to prescribing medication, in exchange for sexual favors.

2.9. "Sexual misconduct" means:

2.9.1. Conduct that exploits the practitioner-patient relationship in a sexual way, whether verbal or physical, and may include the expression of thoughts, feelings or gestures that are sexual or romantic, or that reasonably may be construed as sexual or romantic;

2.9.2. Sexual contact with a patient;

2.9.3. Sexual interaction with a patient or surrogate; and

2.9.4. Sexual impropriety with a patient, surrogate, or another person the practitioner encounters during the course of the practitioner's professional practice.

2.10. "Surrogate" means a key third party closely involved in a patient's medical decision making and care, including but not limited to the patient's spouse or partner, family member, legal representative, proxy, or guardian.

W. Va. Code R. § 11-16-2