Overview:

State agencies routinely handle, investigate, and dismiss — or prosecute — alleged violations of law that can be career-ending for the health care practitioner when sexual misconduct occurs between the doctor and patient. Yet these matters can come about in separate, but related ways.

Some former patients turn in the doctor by filing a complaint with the state licensure board or by suing for damages in a malpractice case. First, a health care practitioner may be under investigation for civil wrongdoing and violations of applicable state law for licensure violations. Second, the same health care practitioner may also be under investigation for criminal wrongdoing as alleged for violations of state criminal laws where the doctor-patient relationship has been criminalized.

Sexual misconduct can give rise to both a civil action as well as a criminal prosecution based on the same facts and circumstances.
Identify the varying bases for laws that prohibit romance between the doctor and patient. Identify the consequences of regulatory misconduct in health care when sexual misconduct occurs. Develop knowledge of the administrative investigative processes.

Seek to understand and defend against such state civil actions based on the due process rights of the accused because they may result in ruinous practice and career consequences for the health care professional.
This program conducts an in-depth analysis of the most salacious sexual misconduct case between a doctor and patient. In addition to sexual aspects, this case will be shown to involve standard of care, patient billing, and even medical record keeping documentation issues.

This program offers an objective, thorough review of a seminal sexual misconduct case. Without an understanding of the multiple laws at hand and an application of the egregious facts at issue, the health care practitioner is deemed to fall into the same trap, and the health care practitioner likely suffers a fatal blow to his or her professional practice and career.

Areas Covered in the Session:

• Legal bases for prohibiting sexual misconduct and consensual sexual relationships between doctor and patient;


• Due process rights and standards for civil investigations;


• Government remedies to impose disciplinary licensure penalties;


• Defenses to sexual misconduct allegations;


• Loopholes to explore in avoiding sexual misconduct;


• An in-depth examination of the most salacious sexual misconduct case between a doctor and patient.

Who Should Attend:

Health care law attorneys; licensed health care practitioners in private practice; medical directors of health facilities; office managers and medical directors of private medical offices; health care managers and executives; corporate counsel in health care; health care administrators; university faculty in health care; allied health professionals in graduate-level medical education across the many health care professions; corporate compliance officers