02-643-12 Me. Code R. § 1

Current through 2024-44, October 30, 2024

Section 643-12-1 - Grounds for Discipline

In addition to the grounds for discipline set forth in 10 M.R.S.A. §8003(5-A)(A) and 32 M. R.S.A. § 17307, the board may impose disciplinary action against a licensee, including denial or nonrenewal of a license, for any of the following reasons:

1.Habitual Substance Abuse

Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing professional services in a manner that endangers the health or safety of patients; or

2.Sexual Misconduct

Sexual misconduct, which includes but is not limited to:

A. Sexual behavior with an individual served in the context of a professional evaluation, treatment, procedure or other service to the client or patient, regardless of the setting in which the professional service is provided;

B. Sexual behavior with an individual served under the pretense of diagnostic or therapeutic intent or benefit;

C. Making sexual advances toward or requesting sexual favors from an individual served;

D. Therapeutically inappropriate or intentional touching in a sexual manner of an individual served;

E. Physical contact of a sexual nature with an individual served;

F. Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating the individual being served;

G. Directly or indirectly watching the individual served while the individual is undressing or dressing when it is not part of the therapeutic process;

H. Taking, for sexual purposes, photographs or videos of an individual served;

I. Sexual harassment of staff or students; or

3.False or Misleading Product or Service Warranty

A. Using, or causing to be used, any guarantee or warranty which is false, misleading, deceptive or unfair to the purchasing or consuming public with respect to the quality, construction, serviceability, performance or method of manufacture of any hearing aid, the terms and conditions of refund, replacement or repair thereof, or in any other respect; or

B. Failing to honor a warranty or contract.

02-643 C.M.R. ch. 12, § 1