Click here to view Standard 5.1 Sexual Abuse and Sexual Misconduct as a PDF document

Standard

A registrant of RCASLPNB will not engage in any behaviour that constitutes sexual abuse, sexual misconduct or conduct, either physical or verbal, with a current or former patient or client that could reasonably be perceived as sexual in nature.

Indicators

To demonstrate this standard, the registrant:

1. Must not solicit nor engage in any behaviour, either physical or verbal, with a patient or client that could reasonably be perceived to be of a sexual nature, including:
   • making sexually suggestive comments or gestures,
   • requesting details of a patient’s or client’s sexual history unless relevant to the services that the audiologist or speech-language pathologist is performing,
   • exploiting or attempting to exploit any real or perceived imbalance of power, or
   • accessing personal information or health information obtained in the course of providing services to pursue a sexual relationship.
2. Must not threaten, coerce or enter into a sexual relationship with a patient or client for the duration of the professional relationship, even if the patient or client agrees to or seeks to initiate an intimate or sexual relationship.
3. Must not engage in any physical contact with a patient or client that could reasonably be perceived as sexual in nature, unless such contact is required for the service to occur. In these cases, the registrant must, before initiating the physical contact:
   • explain to the patient or client why contact is clinically necessary,
   • inform the patient or client the nature, purpose and the expected duration of the contact,
   • receive and document informed consent from the patient or client, and
   • ensure that the patient or client is offered appropriate privacy during the physical contact that occurs.

Expected Outcome

A patient or client can expect services to be free from any actions or comments that are sexual in nature, as defined in the legislation that governs audiologists and speech-language pathologists in New Brunswick, in addition to all other relevant provincial legislation.

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Glossary

Former patient or client means a person to whom one of the following apply:

1. in the case of a single visit or professional encounter where there is no expectation of an ongoing professional relationship between the registrant and the patient or client, no service has been provided for at least 30 days.
2. the patient or client and/or registrant has terminated the professional relationship, the termination has been acknowledged by both parties, and at least 1 year (365 days) has passed since the termination, or
3. if neither of the above apply, there has been no service provided by the registrant to the patient or client for at least 1 year (365 days).

Informed consent means that a patient or client agrees to a service after understanding its’ purpose, benefits, risks, and available alternatives.  Informed consent must be obtained when required by relevant provincial legislation and can be withdrawn by the patient or client at any time.

Patient or client refers to a recipient of the services of an audiologist or speech-language pathologist.

Professional relationship refers to the connection between a registrant and a patient, client, or colleague, established through the provision of service.

Registrant means an audiologist or a speech-language pathologist and any person whose name is entered in the temporary register or in any of the rosters established and maintained under the Audiology and Speech-Language Pathology Act, the bylaws and rules.

Sexual abuse of a patient or client by a registrant refers to any of the following: sexual intercourse or other forms of physical sexual relations between the registrant and the patient or client; touching, of sexual nature, of the patient or client by the registrant; or behaviour or remarks of a sexual nature by the registrant towards the patient or client.

Sexual misconduct- Any behavior engaged in, or attention given, that is sexual in nature and done without consent.

Sexual relationship means a relationship involving sexual intimacy, including communications of a sexual nature, and engaging in conduct of a sexual nature, including masturbation, genital to genital, genital to anal, oral to genital, or oral to anal contact and sexual intercourse.

Click here to view Standard 5.2 Managing Professional Boundaries as a PDF document

Standard

A registrant of RCASLPNB manages professional boundaries when boundaries may be compromised by feelings, conduct, behaviour or remarks of a sexual nature, regardless of who initiates.

Indicators

To demonstrate this standard, the registrant will:

1. Take steps to ensure the professional relationship and professional boundaries are maintained.
2. Terminate the professional relationship and transfer care of the patient or client to another service provider when boundaries cannot be maintained. Document any decisions made and steps taken.

Expected Outcome

Patients or clients can expect the audiologist or speech-language pathologist to recognize and appropriately manage situations where professional boundaries may be compromised due to sexual feelings, behaviours, or remarks. This may involve discontinuing care or referring the patient or client to another service provider.  Patients or clients can expect the audiologist or speech-language pathologist to recognize and appropriately manage situations where professional boundaries may be compromised due to sexual feelings, behaviours, or remarks. This may involve discontinuing care or referring the patient or client to another service provider.

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Glossary

Patient or client refers to a recipient of the services of an audiologist or speech-language pathologist.

Professional boundaries are the parameters that define a safe professional relationship. These parameters set limits for the relationship based on the recognition of the inherent power imbalance, the vulnerability of the patient or client, and the responsibilities of the registrant in the professional relationship. Professional boundaries help the registrant, and the patient or client recognize the differences between professional and personal relationships and avoid potential misunderstanding of words and actions.

Professional relationship refers to the connection between a registrant and a patient, client, or colleague, established through the provision of service.

Registrant means an audiologist or a speech-language pathologist and any person whose name is entered in the temporary register or in any of the rosters established and maintained under the Audiology and Speech-Language Pathology Act, the bylaws and rules.

Click here to view Standard 5.3 Sexual Relationships with Former Patients or Clients as a PDF document

Standard

A registrant of RCASLPNB abstains from conduct, behaviour, or remarks directed towards former patients or clients that constitute sexual abuse or sexual misconduct.

Indicators

To demonstrate this standard, the registrant: 

1. Must not enter into a sexual relationship with a former patient or client unless:
   • There is no ongoing power imbalance between the patient or client and the registrant.
   • Sufficient time has passed since the last time services were provided, considering the nature, duration and intensity of the professional relationship.
   • The registrant has communicated to the patient or client that they have been discharged from services thereby ending the professional relationship.
   • The patient or client has consented and is capable of providing consent.

Expected Outcome

Patients or clients can expect that the audiologist or speech-language pathologist will not enter into a sexual relationship with them unless sufficient time has passed since the last professional contact and the professional relationship has ended.

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Glossary

Former patient or client means a person to whom one of the following apply:

1. in the case of a single visit or professional encounter where there is no expectation of an ongoing professional relationship between the registrant and the patient or client, no service has been provided for at least 30 days.
2. the patient or client and/or registrant has terminated the professional relationship, the termination has been acknowledged by both parties, and at least 1 year (365 days) has passed since the termination, or
3. if neither of the above apply, there has been no service provided by the registrant to the patient or client for at least 1 year (365 days).

Patient or client refers to a recipient of the services of an audiologist or speech-language pathologist.

Professional relationship refers to the connection between a registrant and a patient, client, or colleague, established through the provision of service.

Registrant means an audiologist or a speech-language pathologist and any person whose name is entered in the temporary register or in any of the rosters established and maintained under the Audiology and Speech-Language Pathology Act, the bylaws and rules.

Sexual abuse of a patient or client by a registrant refers to any of the following: sexual intercourse or other forms of physical sexual relations between the registrant and the patient or client; touching, of sexual nature, of the patient or client by the registrant; or behaviour or remarks of a sexual nature by the registrant towards the patient or client.

Sexual misconduct- Any behavior engaged in, or attention given, that is sexual in nature and done without consent.

Sexual relationship means a relationship involving sexual intimacy, including communications of a sexual nature, and engaging in conduct of a sexual nature, including masturbation, genital to genital, genital to anal, oral to genital, or oral to anal contact and sexual intercourse.

Click here to view Standard 5.4 Existing Sexual Relationships as a PDF document

Standard

A registrant of RCASLPNB is prohibited by the Audiology and Speech-Language Pathology Act from providing service to a spouse, partner or anyone with whom they have a sexual relationship.

Indicators

To demonstrate this standard, the registrant will:

Refrain in all circumstances from providing audiology and speech-language pathology services to a spouse, partner or anyone with whom they have a sexual relationship.

Expected Outcome

Patients or clients can expect they will not receive care under any circumstance from an audiologist or speech-language pathologist with whom they have a sexual relationship.

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Glossary

Patient or client refers to a recipient of the services of an audiologist or speech-language pathologist.

Registrant means an audiologist or a speech-language pathologist and any person whose name is entered in the temporary register or in any of the rosters established and maintained under the Audiology and Speech-Language Pathology Act, the bylaws and rules.

Sexual relationship means a relationship involving sexual intimacy, including communications of a sexual nature, and engaging in conduct of a sexual nature, including masturbation, genital to genital, genital to anal, oral to genital, or oral to anal contact and sexual intercourse.