Purpose: The rule addresses issues of unprofessional sexual misconduct with current and former occupational therapy clients. The 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-847-210 Unprofessional conduct -- Sexual misconduct.

     Statutory Authority for Adoption: RCW 18.59.130 and 18.130.180.

      Adopted under notice filed as WSR 05-17-049 on August 9, 2005.

     A final cost-benefit analysis is available 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.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: October 21, 2005.

Mark Lehner, OT, Chair

Occupational Therapy

Practice Board

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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