Md. Code Regs. 10.38.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.38.02.02 - Sexual Misconduct

A. A physical therapist or physical therapist assistant may not engage in sexual misconduct.

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 rendered;

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

(3) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a patient;

(4) Sexual advances requesting sexual favors;

(5) Therapeutically inappropriate or intentional touching of a sexual nature;

(6) A verbal comment of a sexual nature;

(7) Physical contact of a sexual nature with a patient;

(8) Discussion of unnecessary sexual matters while treating a patient;

(9) The taking of photographs of patients for a sexual purpose;

(10) Sexual harassment of staff or students;

(11) An unnecessary sensual act or comment; or

(12) Sexual contact with an incompetent or unconscious patient.

Md. Code Regs. 10.38.02.02

Regulations .02 repealed and .02 adopted effective August 2, 1982 (9:15 Md. R. 1514)
Regulation .02 amended effective November 7, 1994 (21:22 Md. R. 1877)
Regulations .02 and recodified to Regulation .03 and new Regulation .02 adopted effective September 6, 1999 (26:18 Md. R. 1376)