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Gerald, Esq
Gerald, Esq, Lawyer
Category: Personal Injury Law
Satisfied Customers: 2751
Experience:  30 years of experience
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I'm not sure if this is criminal law or malpractice law,

Customer Question

I'm not sure if this is criminal law or malpractice law, which might be personal injury. I'm a chiropractor in Colorado. I met a woman on Sunday for our first date. Tuesday night was our second date, which involved a couple of hours of kissing but no sexual contact otherwise.She has a fairly severe health problem which she asked me about- I told her if I treat her I can't date her afterwards. BUT if we were already dating, then I could certainly offer my partner treatment. I felt badly for her suffering and gave her brief treatment at the end of our evening (after midnight), after first asking her if we were now lovers, and she said yes. We discussed the likelihood of some sexual contact in the future but didn't engage in any. I told her it was very important to me to clarify the boundaries between doctor/patient and companions- I told her I would not be her doctor, though I might offer her some advice.At this point I know there's no questionable activity. I would like to begin a sexual relationship with her, at the same time she's pressing me for medical advice. Can I say that dating has now begun and give her help, as I would a partner? Or should I wait until after sexual activity has begun (which may not even happen). That would seem to be manipulative. I want to help her, but if I say "we need to wait until after we start having sex", that would seem to be a kind of coercion.The truth is, it's unlikely we'll have a long term relationship, due to her lifestyle and a large age gap between us. But I would like to attempt it, if possible. I'm very attracted to her and she seems open to it. Obviously, I don't want to endanger my professional license.
Submitted: 20 days ago.
Category: Personal Injury Law
Expert:  Gerald, Esq replied 20 days ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 20 days ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including 18 years directly involved in the regulation of health care professionals. I hope to provide you information that will help you in resolving your question.

You have an excellent question and it is good that you are thinking ahead about this. As you well know the professional licensing boards have over the last decade or so focused strongly on sexual misconduct of health professionals and boundary issues.

In regard to the Colorado State Board of Chiropractic the Board has adopted Rule 25 which you can find here:

The Rule prohibits you from using your position as Chiropractor to influence a patient to have asexual relationship with an existing patient. BUT it does also allow you to provide treatment to persons with whom you have a relationship.

The test for the Board seems to be which relationship began first. Since you did not meet this woman in the patient setting you have the best argument that she is a friend and not a patient. If you are not charging her for treatment and not treating her in your office setting that also indicates that the relationship is personal and not professional.

You can pursue your relationship with this woman and provide her some ancillary care since it appears clear that the relationship is personal and not professional.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Expert:  Gerald, Esq replied 20 days ago.

By the way, this is NOT a criminal matter. It is an Administrative Law question tied to your license and the regulation by the Board.

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