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Haley v. Medical Disciplinary Board11/7/1991
e. When M. initiated social contact, in March of 1987, she did so out of a desire "to see the doctor that had operated on her." Dr. Haley received her socially at his office, where he gave her wine, made sexual advances, and -- by the third time she visited him -- engaged her in sexual foreplay. We believe that any reasonable physician would recognize that such conduct is an abuse of the trust inherent in the physician's role and an appropriate subject for professional discipline. Dr. Haley's conduct clearly falls within the range of conduct proscribed by RCW 18.130.180(1).
In addition, Dr. Haley was on notice that his conduct indicated an unfitness to practice insofar as it was likely to cast disrepute on the medical profession in the public's eyes. After relying on his professional status to establish the sexual relationship, his conduct during the course of the relationship was such as to offend further the profession
and the public. He consistently plied M. with alcohol, in conjunction with having sex with her, over an extended period and to such an extent that questions must be raised as to whether he contributed to her becoming an alcoholic. He interfered with her relationship with her parents such that they lost all control over her and she moved out of the family home. He allowed her to stay unsupervised at a beach house that he kept stocked with alcohol. He kept her out late on school nights, causing her to fail to do her homework and to miss school the next day, circumstances that surely contributed to her eventually dropping out of school. Such conduct in relation to a former teenage patient erodes the public's trust in physicians and their medical treatment and advice, thus affecting public health.
Dr. Haley was on notice that his conduct in relation to M. indicated an unfitness to practice medicine. Therefore, we reject Dr. Haley's argument that RCW 18.130.180(1)<!--/REF--> is unconstitutionally vague.
Conclusion
The Board erred in ruling that Dr. Haley's conduct constituted sexual contact with a patient, in violation of RCW 18.130.180(24). The facts before the Board did not establish, and the Board failed to find, that M. was Dr. Haley's patient at the time of their sexual contact. We agree with the Board, however, that Dr. Haley's conduct constituted conduct indicating unfitness to practice medicine, in violation of RCW 18.130.180(1). We therefore affirm the Board's decision to impose disciplinary sanctions.
Affirmed.
Disposition
Upon certification of the case to the Supreme Court for direct review, the court affirms the Board's decision, holding that the physician's conduct indicated an unfitness to practice medicine and that RCW 18.130.180(1)<!--/REF--> is not unconstitutionally vague.
Utter, J. (concurring in part, dissenting in part)
I concur in the court's decision to affirm the Board's decision to impose disciplinary sanctions on Dr. Haley. I dissent from the court's decision to overturn the Board's conclusion of law that Ms. G. was a patient of Dr. Haley at the time of
their sexual contact. Finding of fact 2.5(e), which is not appealed from, is determinative of the legal issues in this case. That finding of fact reads
(e) [M.] was a vulnerable sixteen year old during the time most of the relationship occurred. The relationship constituted the exploitation of a juvenile for sexual gratification. The respondent exploited his position of psychological power and authority over [M.] in order to facilitate their imprope
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