W. Va. Code R. § 11-16-4

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 11-16-4 - Sexual Misconduct With A Surrogate

4.1. Practitioners are prohibited from engaging in sexual misconduct with a surrogate.

4.2. It is not sexual misconduct for a practitioner to participate in a romantic or sexual relationship with a surrogate if:

4.2.1. The practitioner-patient relationship has terminated;

4.2.2. The surrogate no longer serves as a surrogate for the patient; or

4.2.3. Objective evidence exists for a reasonable practitioner to conclude that a romantic or sexual relationship between the practitioner and surrogate:

4.2.3.a. Would not exploit trust, knowledge, influence, or emotions derived from a practitioner's professional relationship with the surrogate;

4.2.3.b. Would not compromise or have an adverse effect on the patient's care; and

4.2.3.c. The surrogate's decisions and participation in the patient's health care do not directly affect the health and welfare of the patient.

4.3. Sexual misconduct with a surrogate constitutes dishonorable, unethical, and unprofessional conduct.

4.4. Surrogate consent, participation or initiation may not be used by a practitioner as defense to charges of practitioner sexual misconduct or as mitigation of professional misconduct.

W. Va. Code R. § 11-16-4