Current through Register Vol. XLI, No. 44, November 1, 2024
Section 11-16-5 - Sexual Misconduct With A Former Patient5.1. A romantic or sexual relationship between a practitioner and a former patient after termination of the practitioner-patient relationship constitutes sexual misconduct if:5.1.1. The relationship is, at least in part, a result of the exploitation of trust, knowledge, emotions or influence derived from the previous professional relationship or if the relationship would otherwise foreseeably harm the former patient;5.1.2. The relationship occurs within 90 days of the termination of the practitioner-patient relationship; or5.1.3. The practitioner provided psychiatric or mental health services to the patient and the conduct is in violation of the code of ethics of the American Psychiatric Association as set forth in American Psychiatric Association's Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry.5.2. It is sexual misconduct for a practitioner to engage in sexual contact, sexual interactions, or sexual impropriety with a former patient within 90 days of the termination of the practitioner-patient relationship.5.3. Sexual misconduct with a former patient as set forth in this section constitutes dishonorable, unethical, and unprofessional conduct.5.4. Consent, participation, or initiation by a former patient may not be used by a practitioner as defense to charges of practitioner sexual misconduct or as mitigation of professional misconduct.