Health Care Licensing Boards; Authority to Discipline Licensees for Sexual Misconduct.

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33-1-118. Health care licensing boards; authority to discipline licensees for sexual misconduct.

(a) A board which licenses health care providers may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any licensee or certificate holder, or otherwise discipline a licensee or certificate holder, upon clear and convincing evidence that the licensee or certificate holder has committed sexual misconduct.

(b) As used in this section:

(i) "Health care provider" means an individual who is licensed, certified or otherwise authorized or permitted by the laws of this state to provide care, treatment, services or procedures to maintain, diagnose or otherwise treat a patient's physical or mental condition;

(ii) "Sexual misconduct" means:

(A) Any behavior by a licensee that involves offers of exchange of medical services for some form of sexual gratification; or

(B) Sexual contact or sexual intrusion, as defined in W.S. 6-2-301(a), that occurs while the patient is under the care of the licensee.


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