Ohio Admin. Code 4731-26-01 - Definitions
For purposes of Chapter 4731-26 of the Administrative Code:
(A) "Licensee" means any of the
following:
(4)
(5) An individual
holding a certificate
license of registration as an anesthesiologist
assistant under Chapter 4760. of the Revised Code;
(5)
(7) An individual
holding a certificate
license to practice as an acupuncturist
or an oriental medicine practitioner under
Chapter 4762. of the Revised Code;
(6)
(8) An individual
holding a certificate
license to practice as a radiologist assistant under
Chapter 4774. of the Revised Code; or
(7)
(9) An individual
holding a license to practice as a genetic counselor under Chapter 4778. of the
Revised Code.
(1) An individual holding a
certificate
license to practice as a physician assistant under
Chapter 4730. of the Revised Code;
(2) An individual holding a
certificate
license to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of
the Revised Code;
(3) An individual
holding a certificate
license to practice a limited branch of medicine under
Chapter 4731. of the Revised Code;
(4)
An individual
holding a license or limited permit to practice dietetics under Chapter 4759.
of the Revised Code.
(6)
An individual
holding a license or limited permit to practice respiratory care under Chapter
4761. of the Revised Code.
(B)
"Health care services" means examination, consultation, health care, treatment,
or other services provided by a licensee under the legal authority conferred by
a license, certificate, or registration issued by the board.
(C) "Patient" means a person for whom the
licensee has provided health care services, whether provided by mutual consent
or implied consent, or provided without consent pursuant to a court order. Once
a licensee-patient relationship is established, a person remains a patient
until the relationship is terminated. Patient includes any of the following:
(1) A person who is receiving or has received
health care services from the licensee without termination of the
licensee-patient relationship; or
(2) A person who meets the criteria of a key
third party, as that term is defined in paragraph (D) of this rule.
(D) "Key third party" means an
individual closely involved in the patient's decision-making regarding health
care services, including but not limited to, the patient's spouse or partner,
parents, child, sibling, or guardian. For purposes of this chapter, an
individual's status as a key third party ceases upon the termination of the
licensee-patient relationship or upon termination of the individual's
relationship with the patient.
(E)
"Chaperone" means a third person who, with the patient's consent, is present
during a medical examination.
(F)
"Former patient" means one of the following:
(1) A person for whom the licensee has not
rendered health care services since the licensee-patient relationship was
terminated; or
(2) A person who has
otherwise been admitted, discharged, or referred to another licensee for care
subsequent to receipt of health care services by a licensee in an emergency
setting or on an episodic basis, and such action has been recorded in the
person's medical record or chart.
(G) "Intimate examination" means an
examination of the pelvic area, genitals, rectum, breast, or
prostate.
(H) "Sexual misconduct"
means conduct that exploits the licensee-patient relationship in a sexual way,
whether verbal or physical, and may include the expression of thoughts,
feelings, or gestures that are sexual or that reasonably may be construed by a
patient as sexual. Sexual misconduct includes sexual impropriety, sexual
contact, or sexual interaction as follows:
(1)
"Sexual impropriety" means conduct by the licensee that is seductive, sexually
suggestive, disrespectful of patient privacy, or sexually demeaning to a
patient, including but not limited to, the following:
(a) Neglecting to employ disrobing or draping
practices respecting the patient's privacy;
(b) Subjecting a patient to an intimate
examination in the presence of a third party, other than a chaperone, without
the patient's consent or in the event such consent has been
withdrawn;
(c) 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, criticizing the
patient's sexual orientation, or making comments about potential sexual
performance;
(d) Soliciting a date
or romantic relationship with a patient;
(e) Participation by the licensee in
conversation regarding the sexual problems, sexual preferences, or sexual
fantasies of the licensee;
(f)
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; and
(g)
Failing to offer the patient the opportunity to have a third person or
chaperone in the examining room during an intimate examination and/ or failing
to provide a third person or chaperone in the examining room during an intimate
examination upon the request of the patient.
(2) "Sexual contact" includes, but is not
limited to, the following:
(a) Touching a
breast or any body part that has sexual connotation for the licensee or
patient, for any purpose other than appropriate health care services, or where
the patient has refused or has withdrawn consent; and
(b) Examining or touching of the patient's
genitals without the use of gloves.
(3) "Sexual interaction" means conduct
between a licensee and patient, whether or not initiated by, consented to, or
participated in by a patient, that is sexual or may be reasonably interpreted
as sexual, including but not limited to, the following:
(a) Sexual intercourse, genital to genital
contact;
(b) Oral to genital
contact;
(c) Oral to anal contact,
genital to anal contact;
(d)
Kissing in a romantic or sexual manner;
(e) Encouraging the patient to masturbate in
the presence of the licensee or masturbation by the licensee while the patient
is present;
(f) Offering to provide
health care services, such as drugs, in exchange for sexual favors;
and
(g) Performing an intimate
examination without clinical justification.
(h) Conduct that is sexually demeaning to a
patient or which demonstrates a lack of respect for the patient's
privacy.
(4) Conduct
described in paragraphs (H)(1)(a), (H)(1)(b), (H)(1)(g), and (H)(2)(b) of this
rule does not constitute sexual misconduct when all of the following criteria
are met:
(a) The conduct occurred during the
rendering of health care services in an emergency setting;
(b) The health care services rendered were
clinically necessary;
(c) The
patient was unconscious or otherwise unable to consent to health care services;
and
(d) The patient's clinical
condition required immediate action and the licensee's violation of the
provisions of paragraph (H)(1)(a), (H)(1)(b), (H)(1)(g), or (H)(2)(b) of this
rule, as applicable, was due to circumstances not within the licensee's
control.
(I)
"Emergency setting" means an emergency department.
(J) "Board" means the state medical board of
Ohio.
(K) "Conduct" includes, but
is not limited to the following:
(1)
Behaviors, gestures, or expressions, whether verbal or physical; or
(2) The creation, receipt, exchange, saving,
or sending of images or communications, whether verbal or written, via a
telecommunications device.
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14
Prior Effective Dates: 11/30/2006, 11/30/2010, 06/30/2016
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