The AMA Code of Medical Ethics includes three opinions in the category of "Sexual Boundaries:"

• Opinion 9.1.1, Romantic or Sexual Relationships with Patients;
• Opinion 9.1.2, Romantic or Sexual Relationships with Key Third Parties; and
• Opinion 9.1.3, Sexual Harassment in the Practice of Medicine.
  

Opinion 9.1.1 provides very clear guidance that, "[r]omantic or sexual interactions between physicians and patients that occur concurrently with the physician-patient relationship are unethical."  Opinion 9.1.3 also states that sexual harassment is unethical and points out that sexual harassment includes "other verbal or physical conduct of a sexual nature."  

The Board of Licensure in Medicine and the Board of Osteopathic Licensure have jointly issued Rule Chapter 10, Sexual Misconduct which may be found on the Board of Licensure in Medicine's web site here.  The rule defines "sexual violation" and "sexual impropriety," both of which are grounds for discipline.  A "boundary violation" need not involve physical contact, as communication may be deemed offensive by a patient.  The definition of "sexual impropriety" includes the following:

"inappropriate comments about or to the patient, including but not limited to making sexual comments about a patient’s body or underclothing;  making sexualized or sexually demeaning comments to a patient, criticizing the patient’s sexual orientation (homosexual, heterosexual, or bisexual); making comments about potential sexual performance during an examination or consultation (except when the examination or consultation is pertinent to the issue of sexual function or dysfunction); requesting details of sexual history or sexual likes or dislikes when not clinically indicated;"

A physician must, of course, act with caution and common sense in his or her interactions with patients, but the Code of Medical Ethics also suggests the use of chaperones to help prevent misunderstandings between physicians and patients.  Please see Opinion 1.2.4, Use of Chaperones.

If you have any questions about any of this guidance, please contact one of MMA's attorneys or your own private counsel.