Md. Code Regs. 10.39.07.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.39.07.02 - Ethical Responsibilities

A. A certificate holder shall:

(1) Respect the human dignity and uniqueness of a client and provide services unrestricted by consideration of social or economic status, religious affiliation, personal attributes, or the nature of health problems;

(2) Safeguard a client's right to privacy by maintaining confidentiality of information;

(3) Promptly report a breach of confidentiality or privacy;

(4) Act to safeguard a client and the public if health care and safety are affected by the incompetent, unethical, or illegal practice of any individual;

(5) Assume responsibility and accountability for the individual certificate holder's judgments and actions;

(6) Maintain practice competence;

(7) Inform the Board of unethical conduct by another certificate holder;

(8) Demonstrate honesty and integrity in the performance of tasks, functions, and activities; and

(9) Perform nursing tasks, functions, and activities based on a certificate holder's education and training, and at the direction of the supervising nurse.

B. A certificate holder may not, when acting in the capacity or identity of a certificate holder:

(1) Abandon a client or assignment after assuming care for the client or accepting the assignment;

(2) Knowingly participate in or condone dishonesty, fraud, deceit, or misrepresentation;

(3) Engage or participate in an action that violates or diminishes the civil or legal rights of a client;

(4) Assume duties and responsibilities without adequate preparation or maintaining competency; or

(5) Practice if unfit to perform procedures because of physical or mental impairment including, but not limited to, the effects of prescription drugs.

C. A certificate holder may not engage in the following behaviors that dishonor the practice, whether or not acting in the capacity or identity of a certificate holder, including, but not limited to:

(1) Verbal abuse, including use of racial or ethnic slurs, directed toward a coworker, employer, Board staff member client, or client's family member;

(2) Physically abusing, threatening, or intimidating a coworker, employer, Board staff member, client, or client's family member;

(3) Deceiving, defrauding, or stealing from a coworker, employer, client, or client's family member;

(4) Diverting any medication or providing false or misleading information to an authorized prescriber or a pharmacist to obtain or attempt to obtain any medication;

(5) Knowingly employing another individual to practice or engage in or attempt to practice or engage in an occupation or profession licensed under this title if the employee is not licensed to do so under Health Occupations Article, Title 8, Annotated Code of Maryland;

(6) Obtaining or copying any part of a client's health record;

(7) Using, possessing, supplying, administering, or attempting to use, possess, supply, or administer prescription drugs or controlled dangerous substances without valid medical indication;

(8) Reporting for employment under the influence of alcohol or a controlled dangerous substance or submitting a pre-employment sample that is positive for alcohol or a controlled dangerous substance without having provided evidence of valid prescriptions for all controlled dangerous substances in the sample;

(9) Reporting for employment under the influence of an illicit drug or submitting a pre-employment sample that is positive for an illicit drug;

(10) Using the power, influence, or knowledge obtained during the certificate holder's relationship with the client for the certificate holder's personal gratification or benefit;

(11) Performing acts beyond the scope of practice for which the individual is certified, unless acting in accordance with COMAR 10.27.11;

(12) Engaging in unprofessional or immoral conduct;

(13) Misrepresenting or concealing a material fact in obtaining a certificate, renewing a certificate, or reinstating a certificate;

(14) Committing an act of moral turpitude, dishonesty, or corruption when the act directly or indirectly affects the health, welfare, or safety of the citizens of this State, and, if the act constitutes a crime, conviction thereof in a criminal proceeding is not a condition precedent to disciplinary action; or

(15) Arranging or permitting another certificate holder or unlicensed person to replace the certificate holder or utilize the certificate holder's certificate to provide care to a client.

D. A certificate holder may not engage in sexual misconduct including, but not limited to:

(1) Sexual behavior with a client during the performance of a procedure or service for the client, regardless of the setting in which the service is rendered;

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

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

(4) Sexual advances toward, or requesting sexual favors from, a coworker, student, employer, client, or client's family member;

(5) Discussion of sexual matters while caring for a client;

(6) Taking photographs of a client for a sexual purpose or personal gratification;

(7) Sexual harassment of a coworker, student, employer, client, or client's family member;

(8) Sexual contact with an incompetent or unconscious client;

(9) Intentionally exposing any of the certificate holder's sexual body parts; and

(10) Intentionally exposing any of the client's sexual body parts for a nontherapeutic purpose.

E. Electronic devices, including but not limited to telephones, may not be used to record medical records and take pictures or videos of clients without written client authorization.

F. A certificate holder:

(1) May not make use of electronic devices and social media to transmit or place any client information online; and

(2) Shall adhere to the following principles for the use of social media:

(a) Every certificate holder has an obligation to understand the nature, benefits, and consequences of the use of electronic devices and participating in social media networking;

(b) Certificate holders are bound to observe ethically prescribed client-certificate holder boundaries online as in any other setting;

(c) Client information shall be maintained in separate encrypted and secure files on personal computers and online;

(d) A certificate holder has an obligation to report any content that could harm a client's privacy rights; and

(e) The standards of professionalism are the same when using electronic devices and social media as in any other circumstance.

Md. Code Regs. 10.39.07.02

Regulation .02 amended effective 41:24 Md. R. 1428, eff.12/11/2014