Chapter 14. Code of Conduct

“Board” means the Board of Examiners in Optometry.

“Inappropriate sexual language” means:

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

“Sexual behavior” means:

“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.

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

Apprise the patient of the risks, opportunities, and obligations associated with services available to the patient;

Make the fee for service clear, maintain adequate financial records, and confirm arrangements for financial reimbursement with the patient;

Notify the patient promptly and seek the transfer, referral, or continuation of service in relation to the patient's need or preference if the licensee anticipates the termination or interruption of service to the patient;

Obtain voluntary and informed consent from a patient for participation in research, without direct or implied deprivation or penalty for refusal to participate;

Inform the Board of unethical conduct by a licensed optometrist; and

Inform the Board about an individual who is not licensed by the Board but who represents that the individual is an optometrist and is practicing, attempting to practice, or offering to practice optometry.

Participate or condone dishonesty, fraud, deceit, or misrepresentation;

Misrepresent professional qualifications, education, experience, or affiliation;

Exploit a relationship with a patient for personal advantage or satisfaction;

Practice, condone, facilitate, or collaborate with discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical handicap, or other preference or personal characteristic, condition, or status;

Engage or participate in an action that violates or diminishes the civil or legal rights of a patient; or

Share a fee or accept or give something of value for receiving or making a referral.

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;

Sexual behavior with a client or patient under the pretext of diagnostic or therapeutic intent or benefit;

Requesting sexual favors of a client or patient;

Inappropriate touching of a client or patient in a sexual manner;

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

Taking photographs or video tapes of a client or patient for sexual purposes;

Sexual harassment of staff or students;

Sexual exploitation; or

Inappropriate sexual language.

A patient;

A student or supervisor over whom the licensee exercises professional authority or with whom the licensee maintains direct supervision or education while the professional relationship continues to exist; or

An individual with whom the patient has a close personal relationship, including but not limited to a relative or a significant individual in the patient's life, if there is a risk of exploitation or potential harm to the patient.

Except as set forth in §D(3) of this regulation, the licensee may not engage in sexual behavior with a former patient.

The licensee may not terminate professional services or a professional relationship with a patient in order to enter into a nonprofessional, social, or sexual relationship with the patient or an individual with whom the patient has a close personal relationship.

The licensee may enter into a relationship with an individual with whom the licensee's prior professional contact was of a brief, peripheral, consultative, or indirect nature, and did not constitute a therapeutic relationship.

The licensee may not sexually harass a:

If sexually harassed by a patient, the licensee shall:

Sexual contact with the licensee;

Genital stimulation by or of the patient or licensee;

Undressing by or of the licensee in the presence of the patient, or of the patient in the presence of the licensee; and

Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.