1. A. A licensed dietitian or licensed nutritionist may not engage in sexual misconduct in the practice of dietetics.

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

   1. (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 provided;
   2. (2) Sexual behavior with a client or patient under the pretext of diagnostic or therapeutic intent or benefit;
   3. (3) Requesting sexual favors of a client or patient;
   4. (4) Inappropriate touching of a client or patient in a sexual manner;
   5. (5) Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating a client or patient;
   6. (6) Taking photographs or video tapes of a client or patient for sexual purposes; or
   7. (7) Sexual harassment of staff or students.

Authority: Health Occupations Article, §§1-212, 5-102, and 5-205, Annotated Code of Maryland

Effective date: February 20, 1989 (16:3 Md. R. 345)

Regulation .02A amended effective November 7, 1994 (21:22 Md. R. 1878)

Regulation .02 recodified to Regulation .04 effective July 24, 2000 (27:14 Md. R. 1342)

Regulations .02 and .03 adopted effective July 24, 2000 (27:14 Md. R. 1342)

Chapter revised effective April 16, 2001 (28:7 Md. R. 691)