The Private Lives of Healthcare Professionals: Is Sex a Legitimate Regulatory Concern?

This paper considers if certain sexual activities or practices can legitimately be thought of as raising concerns about an individual’s professionalism and, therefore, as matters which fall within the purview of bodies which regulate healthcare professionals. There seems prima facie reason to think that healthcare professionals should be able to enjoy the same socio-political rights as anyone else. Given that this includes the right to privacy, then the suggestion that a professional regulator might legitimately concern themselves with the sex lives of those they regulate seems problematic on its face. However, some of the activities discussed are not entirely private matters. Equally, whilst the practices addressed are not unlawful, it is not unusual for them to be the subject of judgmental attitudes, prejudice, and stigma. Coupled with the fact that regulatory bodies are commonly charged with maintaining public trust and confidence it may be that there is some reason to consider the kinds of activities discussed with regard to the professionalism of those who engage in them. Nevertheless, one might question the legitimacy of impugning an individual’s professionalism on the basis of intolerance, and whilst I note that there may be a need for empirical research into public opinion, this essay concludes that the distinction between the personal and professional should be maintained. Assuming that it is conducted within the bounds of the law, the sex lives of healthcare professionals should not draw the attention of professional regulators.