Md. Code Regs. 10.28.14.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 10.28.14.04 - Sexual Misconduct

A. An optometrist may not engage in sexual misconduct in the practice of optometry.

B. Sexual misconduct includes, but is not limited to:

(1) Sexual behavior with a client or patient in the context of a professional evaluation, treatment, procedure, or service to the client or patient, regardless of the setting in which the professional service is provided;

(2) Sexual behavior with a client or patient under the pretext of diagnostic or therapeutic intent or benefit;

(3) Requesting sexual favors of a client or patient;

(4) Inappropriate touching of a client or patient in a sexual manner;

(5) Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating a patient;

(6) Taking photographs or video tapes of a client or patient for sexual purposes;

(7) Sexual harassment of staff or students;

(8) Sexual exploitation; or

(9) Inappropriate sexual language.

C. Concurrent Sexual Relationships. The licensee may not engage in either consensual or forced sexual behavior with:

(1) A patient;

(2) A student or supervisor over whom the licensee exercises professional authority or with whom the licensee maintains direct supervision or education while the professional relationship continues to exist; or

(3) An individual with whom the patient has a close personal relationship, including but not limited to a relative or a significant individual in the patient's life, if there is a risk of exploitation or potential harm to the patient.

D. Relationships with Former Patients.

(1) Except as set forth in §D(3) of this regulation, the licensee may not engage in sexual behavior with a former patient.

(2) The licensee may not terminate professional services or a professional relationship with a patient in order to enter into a nonprofessional, social, or sexual relationship with the patient or an individual with whom the patient has a close personal relationship.

(3) The licensee may enter into a relationship with an individual with whom the licensee's prior professional contact was of a brief, peripheral, consultative, or indirect nature, and did not constitute a therapeutic relationship.

E. Prior Sexual Relationships. The licensee may not provide professional services to an individual with whom the licensee has previously engaged in sexual behavior.

F. Sexual Harassment.

(1) The licensee may not sexually harass a:

(a) Patient;

(b) Student; or

(c) Employee.

(2) If sexually harassed by a patient, the licensee shall:

(a) Seek professional consultation with another licensed health professional;

(b) Document all action taken in the patient's record; and

(c) Terminate treatment and assist in a referral to another health care provider.

G. Deceit During Evaluation, Treatment, Procedure, or Service. The licensee may not suggest, recommend, or encourage the patient to engage in a sexually provocative act, including but not limited to:

(1) Sexual contact with the licensee;

(2) Genital stimulation by or of the patient or licensee;

(3) Undressing by or of the licensee in the presence of the patient, or of the patient in the presence of the licensee; and

(4) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.

Md. Code Regs. 10.28.14.04