How do I determine if an individual is considered my patient? What is the definition of a patient?

Please note: The term “patient” is used in place of “client” throughout the content on sexual abuse to reflect the language in the Regulated Health Professions Act (RHPA).

In the Health Professions Procedural Code (HPPC) of the RHPA, a professional nurse-patient relationship exists if the nurse:

has direct interaction with an individual for the purposes of providing care
receives payment from an individual for a health care service
contributes to the individual’s health record
recommends a health care service that the individual consents to
prescribes the individual a drug for which a prescription is needed

An individual is considered to be a nurse’s “patient” for a period of one year following the end of the professional nurse-patient relationship. This means, if a nurse begins a romantic or sexual relationship with an individual to whom they provided care within the last year, the nurse’s conduct would be sexual abuse. There may be situations, regardless of the amount of time that has passed, in which a sexual relationship between a nurse and a former patient is never appropriate, for example, vulnerable patients.

"It is also important for nurses to consider that regardless of the amount of time that has passed, there may be situations in which a sexual relationship between a nurse and a former patient is never appropriate, for example, vulnerable patients.

Sexual abuse of a patient is an act of professional misconduct regardless of whether the patient agreed to participate or did not object to the conduct. Under the HPPC, which is Schedule 2 to the sexual abuse of a patient by a nurse is defined as:

sexual intercourse or other forms of physical sexual relations between the nurse and the patient
touching, of a sexual nature of the patient by the nurse (this does not include touching of a clinical nature appropriate to the care provided)
behaviour or remarks of a sexual nature by the nurse toward the patient