64B2-17.0021. Sexual Misconduct

The chiropractic physician/patient relationship is founded on the trust and confidence that a patient places in the chiropractic physician, and this rule is intended to prevent a chiropractic physician from taking advantage of that trust for the chiropractic physician’s own pleasure, satisfaction or benefit. To protect both the chiropractor and the patient, the Board recommends the presence of a third person during a chiropractic physician’s examination and treatment of a patient.

(1) No chiropractic physician may engage in sexual misconduct with a patient of the chiropractic physician.

(2) Sexual misconduct is any direct or indirect physical contact by any person or between persons which is intended or which is likely to cause to either person stimulation of a sexual nature. Sexual misconduct includes sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse. Sexual misconduct also includes the activities described in subsections (3) through (8) of this rule.

(3) A licensee who fails to inform a patient when the licensee must touch the patient’s breasts or genitalia for diagnostic or therapeutic purposes, or a licensee who disregards a patient’s request that the licensee not touch the patient’s breasts or genitalia, is guilty of sexual misconduct.

(4) A licensee who makes suggestive, lewd, or lascivious remarks to a patient or who performs suggestive, lewd, or lascivious acts in the presence of a patient is guilty of sexual misconduct.

(5) A licensee who intentionally touches a patient’s breasts or sexual organs for non-diagnostic or non-therapeutic purposes is guilty of sexual misconduct, regardless of whether the patient is clothed.

(6) A licensee who makes intentional contact with or who penetrates a patient’s oral, anal, or vaginal orifice with the licensee’s own sexual organ is guilty of sexual misconduct.

(7) A licensee who makes intentional contact with or who penetrates a patient’s oral, anal, or vaginal orifice with any object for any purpose other than a professionally recognized diagnostic or therapeutic purpose is guilty of sexual misconduct.

(8) Definition of patient. A patient is any person who was being examined or who was under the care or treatment of the chiropractic physician when the incident or incidents of sexual misconduct allegedly occurred, regardless of whether the person was billed by or was paying for chiropractic services from the licensee who is accused of sexual misconduct. A person shall be considered a patient until after one year has elapsed since the last date on which the chiropractic physician examined or treated the person.

(9) Consent as a defense. Because of the control that a chiropractic physician exercises in the physician/patient relationship, a patient’s consent may not be used by the chiropractic physician in the defense of an allegation of sexual misconduct on the part of the chiropractic physician.

Specific Authority 460.405, 460.412 FS. Law Implemented 460.412 FS. History–New 6-24-93, Formerly 21D-17.0021, 61F2-17.0021, Amended 7-18-95, Formerly 59N-17.0021.