Legal Filings

Legal Filings
Oct 15, 2012

CREW Files Medical Board Complaint Against Rep. Scott DesJarlais for Sexual Misconduct

Rep. Scott DesJarlais (R-TN)

UPDATE (11/01/12): Read the Department's letter to CREW

Washington, D.C. Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Tennessee Department of Health against Rep. Scott DesJarlais (R-TN) for conducting an inappropriate sexual relationship with a patient in violation of state law.

Read CREW's complaint against Rep. DesJarlais

Last week, it was reported that in 2001, while he was married, Rep. DesJarlais engaged in a sexual relationship with a patient.  A transcript of a conversation between Rep. DesJarlais and the unidentified woman clearly demonstrates the pair began a sexual relationship when Rep. DesJarlais was her treating physician.  The transcript also reveals the pro-life congressman urging the woman, whom he believed might have been pregnant with his child, to have an abortion.  Rep. DesJarlais has not contested the authenticity of the transcript and has admitted to the relationship.

CREW Executive Director Melanie Sloan stated, “Tennessee law is crystal clear: Doctors are prohibited from engaging in sexual relationships with patients.  The only question remaining is, now that Tennessee authorities are aware of Rep. DesJarlais’ blatantly unethical and scurrilous conduct, what are they going to do about it?”

During the conversation, the woman blamed their predicament on Rep. DesJarlais, noting it was his “fault for sleeping with your patient.”  Rep. DesJarlais responded that she had initiated the relationship by suggesting he ask her out after he called to check on her foot. 

According to the Tennessee State Board of Medical Examiners’ Sexual Misconduct Statement and Policy, “sexual contact with a patient is misconduct and is considered to be a violation of T.C.A. Section 63-6-214(b)(1),” which prohibits unprofessional, dishonorable or unethical conduct.  The policy makes clear that whether the patient consented to or initiated the sexual contact is immaterial; the physician is strictly liable.  Possible penalties for violations include restrictions on a physician’s practice as well as the suspension or even revocation of his medical license.

Sloan continued, “It is hard to imagine behavior much more craven than a married doctor exploiting his position to conduct a sexual relationship with a patient.  It is mind-boggling that when confronted with the patient/mistress’s possible pregnancy, this ardent pro-lifer urged her to have an abortion.  How much hypocrisy can we stand?  Where is Speaker John Boehner’s much-touted zero tolerance for unethical conduct now?”

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