PROPOSED RULES
(Occupational Therapy Practice Board)
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-11-094.
Title of Rule and Other Identifying Information: WAC 246-847-210 Unprofessional conduct -- Sexual misconduct.
Hearing Location(s): Red Lion Hotel Yakima Center, 607 East Yakima Avenue, Yakima, WA 98901, on October 21, 2005, at 2:30 p.m.
Date of Intended Adoption: October 21, 2005.
Submit Written Comments to: Department of Health, Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 664-9077, by September 30, 2005.
Assistance for Persons with Disabilities: Contact Kris Waidely by September 30, 2005, TTY (800) 833-6388 or (360) 236-4847.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule protects the public from unethical occupational therapy practitioners who may inappropriately use their position as a health provider to foster an unprofessional, sexual relationship. The Occupational Therapy Practice Board (board) is empowered to adopt rules relating to standards of appropriateness of occupational therapy care. The Uniform Disciplinary Act of RCW 18.130.180 describes the proper conduct of the occupational therapy practitioner. The proposed rule addresses issues of unprofessional sexual misconduct with current and former occupational therapy clients. The proposed rule defines inappropriate and unprofessional sexual misconduct in the occupational therapy practitioner-client relationship. The Uniform Disciplinary Act does not provide adequate guidance on sexual misconduct. Setting clear guidelines will outline behaviors that are not acceptable and may be grounds for sanctions against licensure.
Reasons Supporting Proposal: Rules will provide clear guidance to occupational therapy practitioners, so they are better informed about appropriate contact with clients and former clients. By establishing these guidelines, the board will have the ability to take more appropriate action in cases of sexual misconduct as defined in the proposed rules.
Statutory Authority for Adoption: RCW 18.59.130 and 18.130.180.
Statute Being Implemented: Chapter 18.59 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kris Waidely, Program Manager, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4847.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has not conducted a small business [economic] impact statement. The proposed rule does not impose more than minor costs on small business per RCW 19.85.030.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kris Waidely, P.O. Box 47867, Olympia, WA 98504-7867, phone (360) 236-4847, fax (360) 664-9077, e-mail kris.waidely@doh.wa.gov.
July 7, 2005
Kris Waidely
Program Manager
OTS-7507.2
NEW SECTION
WAC 246-847-210
Unprofessional conduct -- Sexual
misconduct.
(1) The occupational therapist and occupational
therapy assistant shall never engage in sexual contact or
sexual activity with current clients.
(2) Sexual contact or sexual activity is prohibited with a former client for two years after cessation or termination of professional services.
(3) The occupational therapist and occupational therapy assistant shall never engage in sexual contact or sexual activity with former clients if such contact or activity involves the abuse of the occupational therapy practitioner-client relationship. Factors which the board may consider in evaluating if the occupational therapy practitioner-client relationship has been abusive includes, but is not limited to:
(a) The amount of time that has passed since therapy terminated;
(b) The nature and duration of the therapy;
(c) The circumstances of cessation or termination;
(d) The former client's personal history;
(e) The former client's current mental status;
(f) The likelihood of adverse impact on the former client and others; and
(g) Any statements or actions made by the occupational therapist or occupational therapy assistant during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the former client.
(4) These rules do not prohibit:
(a) The provision of occupational therapy services on an urgent, unforeseen basis where circumstances will not allow an occupational therapist or occupational therapy assistant to obtain reassignment or make an appropriate referral;
(b) The provision of occupational therapy services to a spouse or any other person who is in a preexisting, established relationship with the occupational therapist or occupational therapy assistant where no evidence of abuse of the occupational therapy practitioner-client relationship exists.
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