10.40.04.02

.02 Sexual Misconduct.

A. A podiatrist may not engage in sexual misconduct.

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

(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) Sexual behavior with a patient on the pretense of therapeutic intent of benefit;

(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) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a patient;

(5) Sexual advances requesting sexual favors;

(6) Therapeutically inappropriate or intentional touching of a sexual nature;

(7) A verbal comment of a sexual nature;

(8) Physical contact of a sexual nature with a patient;

(9) Discussion of unnecessary sexual matters while treating a patient;

(10) The taking of photographs of patients for a sexual purpose;

(11) Sexual harassment of staff or students;

(12) An unnecessary sensual act or comment; or

(13) Sexual contact with an incompetent or unconscious patient.