1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Board” means the Board of Examiners in Optometry.

   2. (2) “Inappropriate sexual language” means:

      1. (a) A sexualized harassing comment;
      2. (b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or
      3. (c) An inappropriate discussion of a sexually related matter.
   3. (3) “Patient” means the individual to whom the licensee is rendering professional service.

   4. (4) “Sexual behavior” means:

      1. (a) A sexual act as specified in Criminal Law Article, §3-301(e) and (g), Annotated Code of Maryland; and
      2. (b) Sexual contact as specified in Criminal Law Article, §3-301(f), Annotated Code of Maryland.
   5. (5) “Sexual exploitation” means a situation in which the licensee takes advantage of the unequal relationship between the licensee and a patient, a student, or an employee to obtain sexual favors.
   6. (6) “Sexual harassment” means a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature.

Authority: Health Occupations Article, §§1-212 and 11-205, Annotated Code of Maryland

Effective date: June 26, 2000 (27:12 Md. R. 1140)

Chapter revised effective July 31, 2006 (33:15 Md. R. 1281)