W. Va. Code R. § 11-16-7

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 11-16-7 - Exceptions
7.1. A practitioner's failure to provide for appropriate draping, include chaperones for certain examinations, exclude third parties from examinations absent patient consent, or to wear required personal protective equipment while conducting intimate examinations shall not constitute sexual misconduct if:
7.1.1. The conduct occurred while the practitioner rendered clinically necessary health care services to the patient in an emergency;
7.1.2. The patient's clinical condition required immediate action; and
7.1.3. The patient was unconscious or otherwise unable to provide consent for the healthcare services and the practitioner's conduct conformed to the standard of care for the patient presentation in an emergency setting.

W. Va. Code R. § 11-16-7