CPSO’s revised Boundary Violations policy clarifies expectations for physicians who contemplate engaging in sexual relations with former patients where psychotherapy has been provided. Given the power differential that exists between physicians and patients, for the purposes of sexual abuse, the Regulated Health Professions Act treats the physician-patient relationship as continuing one year past the date on which the person ceased to be the physician’s patient.
The amendments focus the policy on this legislative requirement. The amendments also clarify that even after the one-year time period has passed, it may still be inappropriate and/or constitute professional misconduct for a physician to engage in sexual relations with a former patient. Prior to engaging in sexual relations with a former patient, a physician is expected to consider the following factors:
- the length and intensity of the former professional relationship
- the nature of the patient’s clinical problem
- the type of clinical care provided by the physician
- the extent to which the patient has confided personal or private information to the physician, and
- the vulnerability the patient had in the physician-patient relationship.