10.44.23.03

.03 Unprofessional or Dishonorable Conduct.

A. A dentist, dental hygienist, or dental radiation technologist may not engage in unprofessional or dishonorable conduct.

B. The following shall constitute unprofessional or dishonorable conduct in the practice of dentistry, dental hygiene, or dental radiation technology:

(1) Misrepresenting the following to a patient or the public:

(a) The description, chemical composition, or quality of the materials the licensee uses or intends to use; or

(b) Methods and techniques the licensee uses or intends to use;

(2) Engaging in conduct which is unbecoming a member of the dental profession;

(3) Representing that a dental procedure has been completed when in fact the procedure has not been completed;

(4) Permitting or failing to prevent the placement or exposure of dental radiographs by an individual not certified or otherwise qualified to do so;

(5) Committing an act of sexual misconduct as described in §C of this regulation;

(6) Performing a dental procedure without first obtaining informed consent from the patient or the patient’s legal representative;

(7) Willfully and without legal justification, failing to cooperate with a lawful investigation conducted by the Board, which includes, but is not limited to:

(a) Furnishing information requested;

(b) Complying with a subpoena;

(c) Responding to a complaint at the request of the Board; and

(d) Providing meaningful and timely access to relevant patient records; or

(8) Committing any other unprofessional or dishonorable act or omission in the practice of dentistry, dental hygiene, or dental radiation technology.

C. Sexual misconduct of either a verbal or a physical nature shall include, 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 client or patient, regardless of the setting in which professional service is provided;

(2) Sexual behavior with a patient under the pretext of diagnostic or therapeutic intent or benefit;

(3) Requesting sexual favors of a patient;

(4) Touching a patient in a sexual manner;

(5) Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating a patient;

(6) Taking photographs or videotapes of a patient for sexual purposes;

(7) Sexual behavior that would be considered unethical or unprofessional; or

(8) The use of a drug on a patient for the purpose of sexual behavior.

D. Dentists.

(1) In addition to the requirements stated in §§A—C of this regulation, a dentist shall comply with the Principles of Ethics and Code of Professional Conduct.

(2) It shall constitute unprofessional and dishonorable conduct for a dentist to:

(a) Self-prescribe prescription medications except that a dentist may self-prescribe when necessary to order prescription medications for dental office inventory for patient use only;

(b) Prescribe prescription medications for individuals who are not legitimate patients;

(c) Prescribe prescription medications to legitimate patients other than for therapeutic purposes;

(d) Sell, prescribe, trade, give away, or administer a prescription drug for any illegal or illegitimate purpose;

(e) Treat family members or staff differently than any other patient by:

(i) Not maintaining accurate records of all treatment provided in accordance with COMAR 10.44.30, including financial records and records of all medication prescribed; and

(ii) Not adhering to all record retention requirements in accordance with Health General Article, §4-403, Annotated Code of Maryland; and

(f) Fail to comply with the requirements of the Prescription Drug Monitoring Program as established in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland, and COMAR 10.47.07.

E. Dental Hygienists. In addition to the requirements stated in §§A—C of this regulation, a dental hygienist shall comply with the Bylaws — Code of Ethics (for Dental Hygienists).