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Research ArticleOriginal Research

Sexual Misconduct by Board Certified Family Physicians

Elizabeth Baxley, Shannon Dunahue, Annie Koempel, Andrea Anderson, Beth Hansen, Gary LeRoy and Michael Magill
The Journal of the American Board of Family Medicine July 2024, 37 (4) 698-705; DOI: https://doi.org/10.3122/jabfm.2023.230413R1
Elizabeth Baxley
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
MD
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Shannon Dunahue
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
MS, PMP
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Annie Koempel
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
PhD, RD
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Andrea Anderson
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
MD, MEd
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Beth Hansen
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
MD
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Gary LeRoy
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
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Michael Magill
From the Executive Vice President, American Board of Family Medicine, Lexington, KY (EB); Program Manager, Professionalism Department, American Board of Family Medicine, Lexington, KY (SD); Qualitative Scientist, Research Department, American Board of Family Medicine, Lexington, KY (AK); Associate Professor and Associate Chief, Division of Family Medicine, The George Washington School of Medicine and Health Sciences, Washington, DC (AA); PGY-1 Resident, General Surgery, University of Florida, Gainesville, FL (BH); Senior Vice President for Diplomate Experience, American Board of Family Medicine, Lexington, KY (GL); Professor Emeritus, Family and Preventive Medicine, University of Utah, Salt Lake City, UT (MKM).
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Article Figures & Data

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    Figure 1.

    Sexual misconduct typologies nested pie chart. The outer ring contains component behaviors of each inner ring code. The size of each radial slice on both layers represents the relative frequency of occurrences.

Tables

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    Table 1.

    Description of 94 Cases of Sexual Misconduct by ABFM Certified or Eligible Physicians, 2016–2022

    Physician Characteristics 
     Gender (Male)93 (99%)
     Average age at time of action(s), with range56 (29 to 88)
     MD86 (91%)
     US grad76 (81%)
     Years certified before action17.5 (0.5 to 46)
    Type of Sexual Misconduct 
     No physical presence1 (1%)
     Sexual impropriety3 (3%)
     Sexual relationship14 (15%)
     Sexual relationship with controlled  substance Rx or bartering18 (19%)
     Assault/Unwanted physical sexual contact51 (51%)
     Involved minors7 (7%)
    Medical License Board Sanctions
     Reprimand/censure8 (9%)
     Probation22 (23%)
     Chaperone requirement25 (27%)
     Loss of License46 (49%
     Prescribed coursework42 (45%)
     Required psychiatric evaluation or  treatment18 (19%)
     Prior SMB sanctions21 (22%)
    Additional Consequences
     Criminal Convictions13 (14%)
     Loss of Employment or Privileges52 (55%)
    ABFM Actions 
     Loss of certification61 (65%)
     Loss of eligibility33 (35%)
     Prior ABFM actions14 (15%)
     Currently certified11 (12%)
    • Abbreviations: ABFM, American Board of Family Medicine; SMB, Sanctions Monitoring Board.

    • View popup
    Table 2.

    Categories of Sexual Misconduct by ABFM Certified or Eligible Physicians, 2016–2022

    CategoryDescriptionExamples
    Communication that did not occur in personElectronicommunication (phone, social media, etc.) or other (postal mailing) with no physical presence with victimPhysician made late-night phone calls asking patient personal information that was sexual in nature. Later texted an apology but continued to reach out to initiate an intimate relationship with patient
    Sexual improprietyIn person behavior that consist of gestures, or expressions that are seductive, sexually suggestive, disrespectful of patient privacy, or sexually demeaning to a patient or employee/colleaguePhysician observed to ask patients inappropriate questions that were sexual in nature, such as commenting on the patient’s breast size
    Sexual relationshipRepeated or ongoing sexual behavior with one or more patients, employee(s), and/or colleague(s)Physician engaged in inappropriate sexual contact with a female patient on multiple occasions in his home, including kissing, oral sex, and vaginal intercourse
    Sexual relationship with additional behaviorsSexual relationship that is confounded by controlled substance prescribing, bartering, etc.Physician admitted to a prolonged, sexually intimate relationship with a patient to whom he also prescribed multiple controlled substances
    Unwanted sexual behaviors/AssaultUnwanted physical sexual contact initiated by the physician. Any conduct with a patient that is sexual or may be reasonably interpreted as sexual. Also includes any cases that involved accusations of criminal sexual assault with or without conviction(s)During a visit for treatment of hypertension, physician fondled a patient’s breasts, put his hand down her pants and manipulated her external genitalia
    MinorsSexual misconduct involving minorsCommitted lewd acts upon children under the age of 16
    • Abbreviation: ABFM, American Board of Family Medicine.

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The Journal of the American Board of Family     Medicine: 37 (4)
The Journal of the American Board of Family Medicine
Vol. 37, Issue 4
July-August 2024
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Sexual Misconduct by Board Certified Family Physicians
Elizabeth Baxley, Shannon Dunahue, Annie Koempel, Andrea Anderson, Beth Hansen, Gary LeRoy, Michael Magill
The Journal of the American Board of Family Medicine Jul 2024, 37 (4) 698-705; DOI: 10.3122/jabfm.2023.230413R1

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Sexual Misconduct by Board Certified Family Physicians
Elizabeth Baxley, Shannon Dunahue, Annie Koempel, Andrea Anderson, Beth Hansen, Gary LeRoy, Michael Magill
The Journal of the American Board of Family Medicine Jul 2024, 37 (4) 698-705; DOI: 10.3122/jabfm.2023.230413R1
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