ASK THE ATTORNEY The dating game
By Steven Conway, DC, DACBOH, Esq

I am a new graduate and just started my own practice. I am dating a wonderful woman; however, a colleague warned me that I may be violating state laws because she is my CA, and I have been giving her free adjustments. Is this true?

I will answer this question by calling on my experience as a member of a state board of examiners. This is a very common situation, generally with newer graduates; however, it is not restricted to this age bracket.

Your colleague has pointed you in the right direction, as there may be multiple factors associated with your relationship with this woman that could put your license in danger. It is not only that the woman you are dating is your CA, but, depending on the state where you practice, you may be in violation of state statues or board regulations that relate to the prohibition of dating patients.

Many states have enacted boundary regulations that prohibit DCs from dating patients. The problem many chiropractors fail to comprehend is that the person they are dating and treating is, in fact, an actual patient. To them, a “patient” is someone who follows all of the office procedures and pays for the services provided.

For some reason, they fail to classify their girlfriend or boyfriend as a “patient.” However, in the eyes of the board, they are considered actual patients and the doctor is in potential violation of the statutes.

If your relationship with your girlfriend includes intimate contact, then the potential violations rise to the infraction of having sexual contact with a patient. In most jurisdictions, this can result in an automatic suspension or revocation of your license.

You may question or disbelieve that someone would turn you in to the board for treating your girlfriend or boyfriend, but it can — and does — happen very frequently. Generally, the jilted party sends in a complaint to the board, complaining of improper sexual contact (with a patient.)

Beyond board regulations, other employment related issues concerning the dating or sexual interaction with subordinate employees could result in legal suits initiated against you.

The solutions:

1. Do not treat anyone that you are currently dating. Refer them to a local colleague for treatment. While it may seem complicated, the consequence of losing your license if you don’t is definitely worth the extra time and energy to do it right.

2. Do not date your CA. This is a strong recommendation. An office romance between DC and CA involves too many employment and boundary issues that are not positive for your future or your career.

3. Never date your patients. If you find yourself attracted to a current patient, do not immediately start dating. Review your current state statutes; many have a “cooling off” period that requires a specific amount of time to pass between the termination of your doctor patient relationship and the ability for you to start dating the person.

Steven Conway, DC, DACBOH, Esq., is a partner in True North Chiropractic Consultants LLC, which provides guidance and ethical solutions to the barriers found in chiropractic practices. He can be contacted through truenorthchiropracticconsultants.com or by e-mail at chirolaw@aol.com.

DISCLAIMER: This column is provided for educational purposes only. The accuracy or timeliness of the information presented is not warranted. The information is not presented as legal advice and no attorney-client relationship is established.