Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

49 Pa. Code § 21.4a. Procedural matters.

§ 21.4a. Procedural matters.

 (a)  The consent of the patient to any sexual impropriety or violation is not a defense to any disciplinary charge for violation of the act or this subchapter.

 (b)  Evidence of specific instances, opinion evidence or reputation evidence of a patient’s past sexual conduct is not admissible in proceedings brought under §  21.18(b)(9) (relating to standards of nursing conduct). The Board may consider sexual relationships between the nurse and the patient occurring prior to the professional relationship.

 (c)  A nurse who attempts to raise as a defense an argument that conduct prohibited as a sexual violation or sexual impropriety was necessary or appropriate to the treatment of any patient shall be required to demonstrate competency in practice which relates directly to the treatment of sexual function or dysfunction. This competence may be demonstrated through educational training and supervised clinical experience. Appropriate discussions of sexual matters between a nurse and a patient shall be fully documented in patient records.

Authority

   The provisions of this §  21.4a issued under section 2.1(k) of The Professional Nursing Law (63 P.S. §  212.1(k)).

Source

   The provisions of this §  21.4a adopted September 8, 2000, effective September 9, 2000, 30 Pa.B. 4730.

Cross References

   This section cited in 49 Pa. Code §  21.803 (relating to applicability of rules relating to professional nurses).



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