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For example, the Supreme Court of the United States has upheld maximum age limits for police officers against the challenge that they violate the Constitution by depriving the officers of the ability to show that they in fact are physically capable of doing the job past the age cut-off.
Or perhaps the AMA feels that there simply are no circumstances in which a patient could give valid consent.
It seems to me that consent in these circumstances cannot be an answer to an allegation of misconduct.” 55 There are a number of relevant Australian cases concerning relationships between medical practitioners and former patients.
The medical profession does not have a firm rule prohibiting all sexual relationships with former patients, nor does it have anything like the inflexible two-year rule now applicable to psychologists.
Why then does the AMA absolutely prohibit sexual relationships with consenting adult patients?
Perhaps it would be too expensive or time-consuming to scrutinize the propriety of these relationships and the effectiveness of consent on a case-by-case basis.
The American Bar Association, for example, although taking a dim view of these relationships, does not absolutely rule out the possibility that a client has given effective consent: The lawyer may be called upon in a disciplinary or other proceeding to show that the client consented, that the consent was freely given based on full and reasonable disclosure of the risks involved, and that any ensuing sexual relationship did not in any way disadvantage the client in the representation; that is, the attorney's judgement remained independent, the representation proceeded free of conflicts, the privilege was not compromised and the other ethical obligations to the client were fulfilled.
This is the only profession of which a member can ask a person to take their clothes off and find the request usually met with few questions and no resistance." In an earlier interview with GP magazine Pulse, he said: "A proper emotional and sexual relationship is a partnership of equals, both parties enjoying the same rights, privileges and limitations.
The updated guidelines outlined in the doctors' handbook Good Medical Practice, and which come into force next month, state: "If you are considering whether to pursue a personal relationship with a former patient, you must use your professional judgment.
"Although it would not be possible to specify a length of time after which it is acceptable to pursue a relationship with a former patient, it is reasonable to expect that the more recently a professional relationship ended the less likely it is to be appropriate to begin a personal relationship with the patient." Patient groups welcomed the change, saying it was about time the watchdog moved into "the 21st century".
…In my opinion to confine the concept of exploitation to duress, manipulation, coercion or pressure would be to abrogate the therapist’s responsibility to make a professional decision to refrain from submitting to the wishes of the client or even a former client.
A member of a profession who for purely personal reasons accedes to a client’s request, and thereby obtains a personal benefit, knowing that to do so will jeopardise the client’s objectively and professionally ascertained interests, exploits the professional relationship, and therefore exploits the client: on this hypothesis, the opportunity to obtain the personal benefit arises from the fact of the professional relationship.
 TASSC 70, the Supreme Court of Tasmania quashed a decision of the Psychologists Registration Board of Tasmania to suspend a psychologist for 6 months for entering into a sexual relationship with a former patient fewer than 2 years after the end of the therapeutic relationship. The appropriate test must be whether a sexual relationship would exploit the client or put the health of the client at risk.