Doctor-Patient Relationships 5 February 2013 D. McKnight Médecins sans frontières Doctors without Borders Doctors WITH Boundaries DOCTORS WITHOUT BOUNDARIES 3 What kind of boundary violations cause trouble? Mostly Sex & Money Case – Dr G • Dr G is a 34 year old gynecologist • He has seen a 30 year old woman 3 times in the last month and now says he does not need to see her again for this problem • She calls the next day and invites him to attend a gallery opening with her We will return to this case CPSO (and other regulatory Colleges) • NO tolerance for sexual abuse of patients • mandatory loss of license – cannot reapply for 5 years – even then must prove low risk • “ The patient started it” is not an excuse The Hippocratic Oath states that physicians: “…will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons be they free or slaves.” Regulated Health Professions Act, 1991 S.O. 1991, CHAPTER 18 Consolidation Period: From October 25, 2010 to January 26, 2011 Last amendment: 2010, c. 15, s. 241. • Under the RHPA, any form of sexual relations between physicians and patients is considered to be sexual abuse. • Consent by the patient is no defence to sexual abuse. SCHEDULE 2 HEALTH PROFESSIONS PROCEDURAL CODE Note: This Code is deemed by section 4 of the Regulated Health Professions Act, 1991 to be part of each health profession Act. Health Professions Procedural Code Professional misconduct 51. (1) A panel shall find that a member has committed an act of professional misconduct if, … (b.1) the member has sexually abused a patient; … Health Professions Procedural Code Sexual abuse of a patient (3) In this Code, “sexual abuse” of a patient by a member means, (a) sexual intercourse or other forms of physical sexual relations between the member and the patient, (b) touching, of a sexual nature, of the patient by the member, or (c) behaviour or remarks of a sexual nature by the member towards the patient. 1993, c. 37, s. 4. Exception (4) For the purposes of subsection (3), “sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided. 1993, c. 37, s. 4. The Code provides for mandatory revocation of a physician’s certificate of registration for certain acts of sexual abuse. • • • • • sexual intercourse; genital to genital, genital to anal, oral to genital, or oral to anal contact; masturbation of the member by, or in the presence of, the patient; masturbation of the patient by the member; encouragement of the patient by the member to masturbate in the presence of the member. The Code provides for mandatory revocation of a physician’s certificate of registration for certain acts of sexual abuse. For sexual abuse that does not involve these acts, the penalty is at the discretion of the Discipline Committee. If a physician’s certificate of registration is revoked for sexual abuse, he or she cannot reapply until five years after the revocation. While it is not considered ‘sexual abuse’ under the legislation, if sexual contact takes place after the physician-patient relationship has been ended, the physician may still be found to have committed professional misconduct. Physician-Patient Relationship • depends on TRUST • has inherent difference in POWER TRUST • TRUST at the core of notions of Professionalism • TRUST essential in the patient-doctor relationship: patient depends on – doctor’s knowledge & skill – that doctor will act in patient’s interest POWER • balance of power favours doctor – doctor has knowledge & skill – patient tells private information – patient permits intimate examination • these are one-way transfers • (at least ought to be !) Sexual abuse of patients Who is at risk? (doctors) • Mentally ill: impaired judgment • Naïve/uninformed: poor training and judgment • Masochistic: “save” patient, risks self • Personality disorder • Love-sick D. Stewart Who is at Risk? Personality Disorder • • • • • Most common Exploitive Uses patients for gratification Calculated No remorse until caught D. Stewart Who is at risk? Love-sick • Second most common • Personal stress / conflict – often recent romantic break-up • • • • • May be depressed Increased disclosure Intrusive thoughts of patient Feels “in love” Rationalizes / denies D. Stewart Sexual abuse of patients Who is at risk? (patients) • • • • • • Depressed Needy / lonely Previous abuse Psychotic / borderline Low intelligence Exploitative D. Stewart Patient Consequences • • • • • • • • • Lack of treatment for original complaint Mistrust Ambivalence Guilt / shame Isolation / loneliness Somatic complaints Depression / anxiety Post traumatic stress disorder Hospitalization / suicide D. Stewart PRINCIPLES 1. A physician, being in a position of trust and power, has a duty to act in the patient’s best interest. 2. Physicians must establish and maintain appropriate professional boundaries with patients. 3. Sexual activity and ‘romantic interactions’ interfere with the goals of the physician-patient relationship and may obscure the physician’s objective judgment concerning the patient’s health care. PRINCIPLES (cont’d) 4. Physician sexual misconduct is detrimental to the physician-patient relationship, harms individual patients and erodes the public’s trust in the medical profession. 5. Patients must be protected from sexual abuse by physicians. Guidelines to help maintain boundaries 1. Do not make or respond to sexual advances with patients 2. Explain examinations: scope & reason 3. Third party – offer to patient – provide protection to patient & doctor – if doctor cannot provide 3rd party, allow patient to bring someone Guidelines to help maintain boundaries 4. Touching for comfort can be misinterpreted: words may be better Danger of appearing cold and uncomforting • in most circumstances, holding hand or a hand on the forearm will be acceptable • some cultural variation APPENDIX A Guidelines for Maintaining Professional Boundaries 1. Avoid physical contact with a patient (except what is required to perform medically necessary examinations). 2. Use gloves when examining genitals. 3. Show sensitivity and respect for the patient’s privacy and comfort at all times: - avoid watching a patient dress or undress, - provide privacy and appropriate covers and gowns. 4. Avoid any behaviour or remarks that may be interpreted as sexual by a patient. 5. Endeavour to be aware and mindful of the patient’s particular cultural or religious background. 6. Do not make sexualized comments about a patient’s body or clothing. 7. Do not criticize or comment unnecessarily on a patient’s sexual [orientation]. 8. Do not ask or make comments about sexual performance except where the examination or consultation is pertinent to the issue of sexual function or dysfunction. 9. Do not ask details of sexual history or sexual behaviour unless related to the purpose of the consultation or examination. 10. Be cognizant of social interactions with patients that may lead to romantic involvement. 11.Do not talk with your patients about your own sexual [orientation], fantasies, problems, activities or performance. 12. Learn to control the therapeutic setting and to detect possible erosions in boundaries. CPSO Boundaries Self-Assessment Tool Members’ Dialogue September/October 2004 CPSO Boundaries Self-Assessment Tool 7. 9. 10. 11. 12. Do I spend a disproportionate amount of time thinking about particular patients? Do I accept inappropriate gifts from patients? Do I seek advice for personal benefit from a patient during a clinical encounter? Do I pay more attention to my personal appearance if I know that I will be seeing a certain patient? Do I seek more personal details than I clinically need to, in order to find out about a patient’s personal life? CPSO Boundaries Self-Assessment Tool 15. Do I share my personal problems with patients? 18. Do I tell patients personal things about myself in order to impress them and if so, why? 20. When a patient has been seductive with me, do I experience this as a gratifying sign of my own sex appeal? 22. Do I ask patients to do personal favours for me? 23. Do I undertake business deals with patients? Boundary Warnings • Always giving patient last appointment • Self-disclosure • Feeling in love with patient – having intrusive thoughts about patient • Meeting outside office • Special treatment • Activity you don’t want others to know D. Stewart Does a Physician-Patient Relationship Exist? • nature & frequency of treatment • ongoing treatment • billing • duration important • if in doubt, ask advice Sex after ending Doctor-patient relationship “Ending the physician-patient relationship does not eliminate the possibility that sexual contact between a physician and a former patient may be considered to be professional misconduct even though it is not sexual abuse as defined in the RHPA. This is because there may be continuing trust, knowledge, or influence derived from the previous professional relationship.” Consider: • 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; • the vulnerability the patient has in the physicianpatient relationship. • For example, when the physician-patient relationship involves a significant component of psychoanalysis or psychotherapy, sexual involvement with the patient is likely inappropriate at any time after termination. • However, if a physician saw a patient on one or two occasions to provide routine clinical care, it may not be inappropriate to have a sexual relationship with the former patient within a short time following the end of the physician-patient relationship. “ At all times, a physician has an ethical obligation not to exploit the trust, knowledge and dependence that develops during the physicianpatient relationship for the physician’s personal advantage.” Persons closely associated with patients: • spouses or partners • parents or guardians • SDMs / power of attorney Don’t have sex with them either. Mandatory Duty to Report 11. Sexual Abuse by a Health Professional When a physician has reasonable grounds, obtained in the course of practising the profession, to believe that another physician or regulated health care professional has sexually abused a patient, the physician must file a report in writing, with the Registrar of the College to which the alleged abuser belongs. 11. Sexual Abuse by a Health Professional The physician is not required to file a report if he or she does not know the name of the member who would be the subject of the report. Where the reasonable grounds for belief of sexual abuse are obtained from a patient, the physician shall use his or her best efforts to advise the patient of the physician’s obligation to make the report before filing the report. Part Two MISTREATMENT OF LEARNERS Mistreatment • Harassment • Sexual Harassment • Discrimination – includes favouritism • Creation of a negative environment Standards of Professional Behaviour for Medical Clinical Faculty Hostile environment 1 Creation of a hostile environment • Failure to work collaboratively in patient care • Intemperate language: rudeness, profanity, insults, demeaning remarks, verbal abuse or intimidation • Inappropriate remarks or jokes about race, gender, sexual orientation, physical appearance, disabilities, or economic and educational status. • Bullying • Recurring outbursts of anger: shouting; throwing or breaking objects • Violence & threats of violence • Inhibiting others from carrying out their appropriate duties • Disparaging public remarks about the character or patient care of another physician or health professional. 2 Intimidation & Harassment: • • • • • • Use of ridicule in the work environment or as an instructional technique Inappropriate assignment of duties to influence behaviour or as a “punishment” Denying appropriate opportunities for learning and experience Inhibiting learners from providing appropriate feedback and evaluation of teachers and experiences Interfering with the reporting of improper conduct Sexual harassment or impropriety Sexual harassment on campus: information for faculty What is sexual harassment? • Sexual harassment is unwanted sexual attention, or an undue focus on a person's sex or sexual orientation. Under the Human Rights Code it is a form of unlawful discrimination. • University Policy defines sexual harassment as any unwanted emphasis on the sex or sexual orientation of another person, or any unwelcome pressure for sex. It is conduct which creates an intimidating, hostile or offensive working or learning environment, and which a reasonable person would realise was unacceptable. http://www.utoronto.ca/sho/guide_faculty.html Sexual Harassment may include: • suggestive comments or gestures • sexual innuendo or banter • leering • remarks about looks, dress or lifestyle • pressure for dates • homophobic insult • verbal abuse • intrusive physical behaviour or contact where any of these conducts is unwelcome. http://www.utoronto.ca/sho/guide_faculty.html 3 Discrimination Making distinctions based on criteria irrelevant to the decision in question, particularly those protected under the Ontario Human Rights Code: • • • • • • race ancestry place of origin ethnic origin citizenship creed • • • • • • sex sexual orientation age marital status family status disability Supervisor-trainee relationship boundaries in medical education “It is the nature of boundaries to resist clear conceptual definitions.” Recupero et al 2005 Medical Teacher 27 (6) 484 – 488 Supervisor-trainee relationship boundaries in medical education Behaviours reported (selected): told inappropriate details of own life (32%) preference to another trainee (in relationship) (32%) uncomfortably invaded personal space (31%) dated another trainee (26%) asked uncomfortable details of personal life (24%) touched inappropriately (12%) failed to enforce rules or boundaries because of sympathy (9%) • asked trainee to lie (5%) • • • • • • • Recupero et al 2005 Medical Teacher 27 (6) 484 – 488 Standards of Professional Behaviour for Medical Clinical Faculty 4. Failure to identify, disclose, and manage conflicts of interest ... 4.2. Conflicts may also arise and must be declared when there is or has been a close personal relationship including a family, romantic or sexual relationship 4.2.1. between teachers and learners University policy does not prohibit romantic or sexual relationships between teachers and learners but does regulate the conflict of interest that inevitably results from such a relationship: Standards of Professional Behaviour for Medical Clinical Faculty • 4.2.1.3 Both the faculty member and the learner are prohibited from evaluating each other both during and after the term of the relationship. The faculty member is prohibited from exercising direct or indirect influence over decisions which affect the learner. CASES Case – the blogger • Resident B is known to post a blog • One day, post-call, he blogs about the day before: – says that the staff was a “dinosaur” and wouldn’t let him try a new procedure – describes treating a “dirt-ball” street person and lamented that the system has to pay for self-inflicted illness – comments that the only bright point was a “totally hot” patient for appendectomy UofT PGME http://www.pgme.utoronto.ca/Assets/PGME+Digital+Assets/policies/Guidelines+Internet.pdf Case – Resident C • Resident C is rumoured to be very active sexually – gossip says he has had affairs with several residents –and one staff doctor • Some staff notice that he appears to be seeking extra time with the clinical clerks Case – Dr A • Dr A has all the members of family B in his practice. • Mrs B has metastatic breast cancer – She asks Dr A to tell Jane, her 19 year old daughter: “She has always felt very close to you and you are so kind.” • Jane is very upset and tearful; Dr A comforts her with an embrace Case – Dr E • Dr E is seeing a 25 year old single woman for a breast lump • He thinks it is benign but advises a biopsy • She worries about a scar • He says, “We’ll be very careful not to damage those beautiful breasts.” Case – Dr D • A patient becomes very tearful during a visit and says she is stressed because her marriage is breaking up. • Dr D expresses empathy, “I’m going thorough the same thing myself!” • It is the last appointment of the day so they go out for a drink to share experiences Case – Dr F • Dr F has cared for the Jones family for 30 years. • She attended the delivery of their daughter, Grace, now 26, and cared for her ever since • Grace invites Dr F to her wedding • Does the size of the community matter? • Would it matter if Dr F were male? Case – Dr G • Dr G is a 34 year old gynecologist • He has seen a 30 year old woman 3 times in the last month and now says he does not need to see her again for this problem • She calls the next day and invites him to attend a gallery opening with her Case – Dr O • Dr O is an ortho resident • He sees Ms P in the ER for a sprained ankle, wraps it, and tells her to follow up with her family doctor. (She has one) • Two days later, she contacts him on Facebook and asks him to meet her for a drink Case – Dr O (2) • Dr O is an ortho resident • He sees Ms P in the ER for a sprained ankle, wraps it, and tells her to follow up with her family doctor. • Six months later they meet at a party • O does not remember meeting before, but P does • They leave the party together Case – Dr S • Dr S is a pediatric surgery fellow • She does an appendectomy for Gina, age 8, and follows in clinic • The parents are divorced and the father has custody • He invites Dr S to come to Gina’s birthday party, “She really likes you” — “and so do I.” Case – J & K • J has been treating K for nearly a year and is increasingly attracted • J knows that it is wrong to have a relationship with a patient • J tells K that they will arrange transfer to another doctor • then they can consider going out. • Is this OK? • Do the genders of J & K matter? Case – Resident H • H has been assigned to teach year 2 students about inguinal hernias • He asks for a volunteer to be examined by the others • When no one volunteers, he presses them, “Come on, you’re all going to be doctors!” • He mentions that he will be evaluating the session Case – Resident M • M has been teaching the same group of students for six weeks • One is particularly bright & witty and very attractive. • M invites the student to a movie • M is the chief resident and completes the student evaluation forms • M has no influence on student evaluation Case – Dr R • Dr R is an experienced surgeon with good results • Dr R likes to relieve his tension in the OR by what he calls “banter” which involves – extensive use of the F word – remarks about the anatomical endowment and personal habits of the assistants – as much sexual innuendo as possible • R is genuinely funny and no one has complained Case – Dr D • Dr D has been a staff surgeon 40 years • He calls the nurses, and female residents “girls.” • One day in the OR, when one of the residents mentions her career goal, he tells her it is way too onerous for a woman and will ruin her chances for a husband and family. Case – Dr T • Dr T saw Mr U twice weekly for psychotherapy • Mr U expressed interest in Dr T’s religion and attended services with him and dinner at his home • When Mr U wanted to live near the congregation, Dr. T arranged for him to buy a house he co-owned with his brother • When Mr U had trouble carrying the costs, Dr T & his brother bought the house back with no financial loss to Mr U