10.34.10.06

.06 Discrimination, Harassment, and Sexual Misconduct.

A. In the practice of pharmacy, a pharmacy technician, pharmacy intern, or pharmacist may not:

(1) Discriminate based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status, or other basis as proscribed by law; or

(2) Sexually harass a patient, coworker, employee, or supervisee, which includes but is not limited to an unwanted, deliberate, or repeated comment, gesture, or physical contact of a sexual nature.

B. Sexual Misconduct. A pharmacy technician, pharmacy intern, or pharmacist may not:

(1) Dispense or offer to dispense a prescription drug or device in exchange for:

(a) A sexual act such as anal intercourse, analingus, cunnilingus, fellatio, or vaginal intercourse as specified in Criminal Law Article, §3-301(e) and (g), Annotated Code of Maryland, or

(b) Sexual contact such as the intentional touching of an intimate part of an individual's body, whether clothed or unclothed, for the purpose of sexual arousal, gratification, abuse of either party, or penetration as specified in Criminal Law Article, §3-301(f), Annotated Code of Maryland; or

(2) Engage in sexual behavior including but not limited to a sexual act or sexual contact as specified in §B(1)(a) of this regulation, with a client or patient:

(a) In the context of a professional evaluation, treatment, procedure, or other service to the client or patient, regardless of the setting in which the professional service is provided, or

(b) Under the pretense of diagnostic or therapeutic intent or benefit.

C. Sexual contact does not include an act commonly expressive of familial or friendly affection.