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

2. B. Terms Defined.

   1. (1) “Health care practitioner” means an individual licensed under Health Occupations Article, Titles 14 and 15, Annotated Code of Maryland.

   2. (2) Key Third Party.

      1. (a) “Key third party” means an individual who participates in the health and welfare of the patient concurrent with the physician-patient relationship.

      2. (b) “Key third party” includes, but is not limited to the following individuals:

         1. (i) Spouse;
         2. (ii) Partner;
         3. (iii) Family member;
         4. (iv) Guardian;
         5. (v) Surrogate; or
         6. (vi) Proxy designated by durable power of attorney.

   3. (3) Sexual Contact.

      1. (a) “Sexual contact” means the knowing touching directly or through clothing, where the circumstances surrounding the touching would be construed by a reasonable person to be motivated by the health care practitioner’s own prurient interest or for sexual arousal or gratification.

      2. (b) “Sexual contact” includes, but is not limited to:

         1. (i) Sexual intercourse, genital to genital contact;
         2. (ii) Oral to genital contact;
         3. (iii) Oral to anal contact or genital to anal contact;
         4. (iv) Kissing in a romantic or sexual manner; or
         5. (v) Nonclinical touching of breasts, genitals, or any other sexualized body part.
   4. (4) “Sexual harassment” means an unwelcome sexual advance, request for sexual favor, or other verbal or physical conduct of a sexual nature.

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

Effective date: March 6, 2000 (27:4 Md. R. 454)

Regulation .01 amended effective May 20, 2019 (46:10 Md. R. 488)

Regulation .02B amended effective May 20, 2019 (46:10 Md. R. 488)

Regulation .03 amended effective May 20, 2019 (46:10 Md. R. 488)