1. A. A podiatrist may not engage in sexual misconduct.

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

   1. (1) Sexual behavior with a patient in the context of a professional evaluation, treatment, procedure, or other service to the patient, regardless of the setting in which the professional service is provided;
   2. (2) Sexual behavior with a patient on the pretense of therapeutic intent of benefit;
   3. (3) Sexual acts, sexual conduct, vaginal intercourse, or any genital contact, as defined in Criminal Law Article §3-301(e) — (g), Annotated Code of Maryland;
   4. (4) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a patient;
   5. (5) Sexual advances requesting sexual favors;
   6. (6) Therapeutically inappropriate or intentional touching of a sexual nature;
   7. (7) A verbal comment of a sexual nature;
   8. (8) Physical contact of a sexual nature with a patient;
   9. (9) Discussion of unnecessary sexual matters while treating a patient;
   10. (10) The taking of photographs of patients for a sexual purpose;
   11. (11) Sexual harassment of staff or students;
   12. (12) An unnecessary sensual act or comment; or
   13. (13) Sexual contact with an incompetent or unconscious patient.

Authority: Health Occupations Article, §§1-212, 16-205, and 16-206, Annotated Code of Maryland

Effective date: October 2, 2000 (27:19 Md. R. 1726)

Regulation .03 amended effective December 22, 2003 (30:25 Md. R. 1848)