January 20, 2007
Legal Department
Power and Relationships
Eugene Volokh points out that Washington state has some really strict laws about the relationships between healthcare providers and their patients. The usual rationale behind these laws is that an exploitive power relationship exists between a doctor and his patients, but I don't understand how that works. Perhaps in some (possibly mythical) past era doctors were viewed as higher beings, but does anyone really feel that way today? I pay my doctor. If anyone has the power in this relationship, it's me.
I guess it's not that way for everyone. In particular, I suspect women probably feel different about getting hit on by a male doctor than I'd feel getting hit on by one of my female doctors. I can try to imagine my response if my male primary care physician suggested that I come back to his place to take a hot tub and relax, but that just makes me giggle. I guess if he persisted, it would be creepy, but it's not that big a deal for me to find another doctor. I suppose it would be more difficult if he were, say, an oncologist treating me for cancer. That's a lot more emotional and it's probably harder to switch doctors.
Still, that's not what Washington's rules are about. Eugene presents it more dramatically, but here's a summary of the rules:
- No dating: No sex, no kissing, no hugging for fun.
- No discussing the possibility of dating.
- No discussing the possibility of dating after the professional relationship ends.
- No dating or even discussing it until two years after the professional relationship ends.
- These rules apply to the patient's family members as well.
- The rules apply not just to doctors, but also to dentists, dental hygenists, and even the guy who makes your glasses.
As Eugene points out, this seems severe to the point of violating people's freedom to marry. Also, the definitions are way too broad. My dental hygenist does not have power over me. Actually, I've had some dental hygenists who were real cute babes, and if I weren't married, I'd have been tempted to ask them out—mostly, I admit, for the absurd challenge of hitting on a woman who's cleaning scum off my teeth.
(Free money-making idea: Lap-dancing dental hygenists. They strip naked and sit on your lap before they start cleaning your teeth.)
If Washington legislators are worried about abuse of power by one party in a relationship, then what about rape? A rapist has power over his victim, but does Washington prevent rapists from marrying their victims? I haven't checked, but I'll bet they don't, especially when it comes to statutory rape. That's criminal law, not professional regulation, but it's still an awkward contrast to justify.
If you insist on a professional regulation example, how about police officers? Which is more an abuse of power, a doctor asking a patient out on a date, or a cop asking out a woman he's pulled over? Cops have a lot more power over people than doctors.
Keeping with the civil service theme, can a firefighter hit on a woman after putting out a small fire in her apartment? What about building inspectors? Members of the planning commision?
I guess the legislature just wants to appear to "do something" about the problem, and the more draconian the laws, the better they think they look.
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