# COMAR Title 10 — Maryland Department of Health

## Subtitle 28 — Board of Examiners in Optometry

### Chapter 14 — Code of Conduct

#### Regulation .02 Definitions.

*COMAR 10.28.14.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board” means the Board of Examiners in Optometry.

  (2) “Inappropriate sexual language” means:

    (a) A sexualized harassing comment;

    (b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or

    (c) An inappropriate discussion of a sexually related matter.

  (3) “Patient” means the individual to whom the licensee is rendering professional service.

  (4) “Sexual behavior” means:

    (a) A sexual act as specified in Criminal Law Article, §3-301(e) and (g), Annotated Code of Maryland; and

    (b) Sexual contact as specified in Criminal Law Article, §3-301(f), Annotated Code of Maryland.

  (5) “Sexual exploitation” means a situation in which the licensee takes advantage of the unequal relationship between the licensee and a patient, a student, or an employee to obtain sexual favors.

  (6) “Sexual harassment” means a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature.