<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 10.36.05.07" title_num="10" subtitle_num="36" chapter_num="05" heading="Client Welfare.">
  <paragraph num="A.">
    <text>A psychologist or psychology associate shall:</text>
    <paragraph num="(1)">
      <text>Take appropriate steps to disclose to all involved parties conflicts of interest that arise, with respect to a psychologist’s or psychology associate’s clients, in a manner that is consistent with applicable confidentiality requirements; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Make arrangements for another appropriate professional to deal with emergency needs of the psychologist’s or psychology associate’s clients as appropriate, during periods of anticipated absences from professional availability.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Exploitation. A psychologist or psychology associate may not:</text>
    <paragraph num="(1)">
      <text>Exploit or harm clients, colleagues, students, research participants, or others;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Take actions that violate or diminish the legal and civil rights of clients or of others who may be affected by the action;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Exploit the trust and dependency of clients, students, and subordinates;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Allow personal, social, religious, organizational, financial, or political situations and pressures to lead to a misuse of their influence; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Enter into a new nonpsychological, nonprofessional relationship with a former client that is considered exploitative dependent on, but not limited to:</text>
      <paragraph num="(a)">
        <text>The nature, duration, and intensity of professional services rendered to the client;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The length of the professional relationship;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The length of time between the termination of the professional relationship and the initiation of the nonprofessional relationship;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The mental stability of the psychologist or psychology associate and former client;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The circumstances of termination, including, but not limited to, statements or actions of the psychologist or psychology associate suggesting or inviting the possibility of a post-termination relationship; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The likelihood of adverse impact on the client.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Sexual Misconduct. A psychologist or psychology associate may not:</text>
    <paragraph num="(1)">
      <text>Engage in sexual intimacies with a current client;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Engage in sexual intimacies with a former client:</text>
      <paragraph num="(a)">
        <text>For at least 2 years after the cessation or termination of professional services; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>After the 2 years following the cessation or termination of professional services if the sexual relationship is exploitative in light of the following factors:</text>
        <paragraph num="(i)">
          <text>The nature, duration, and intensity of professional services rendered to the client;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The length of the professional relationship;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The length of time between the termination of the professional relationship and the initiation of the nonprofessional relationship;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The mental stability of the psychologist or psychology associate and former client;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The circumstances of termination including, but not limited to, statements, or actions of the psychologist or psychology associate suggesting or inviting the possibility of a post-termination sexual or romantic relationship; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>The likelihood of adverse impact on the former client;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Engage in sexual intimacies with individuals known to be the parents, guardians, spouses, domestic partners, sexual partners, children, or siblings of the client or for at least 2 years after cessation or termination of professional services;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Terminate a professional relationship with a client for the purpose of engaging in sexual intimacies with one of the individuals set forth in §C(3) of this regulation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Engage in sexual behavior with a client in the context of a professional evaluation, treatment, procedure, or service to the client, regardless of the setting in which the professional service is rendered; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Engage in sexual behavior with a client under the pretext of diagnostic or therapeutic intent or benefit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Harassment. A psychologist or psychology associate may not:</text>
    <paragraph num="(1)">
      <text>Engage in sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, which behavior occurs in connection with the psychologist’s or psychology associate’s professional role;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Engage in sexual harassment of the psychologist’s or psychology associate’s past or present clients, supervisees, research participants, or employees, with deliberate or repeated comments, gestures, or physical contacts of a sexual nature; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Create a hostile workplace or educational environment by unwelcome and offensive behaviors that are sufficiently severe or intense to be abusive of a reasonable individual in that environment whether it consists of a single act or of multiple persistent or pervasive acts.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A psychologist or psychology associate shall:</text>
    <paragraph num="(1)">
      <text>Provide psychological services for minor children or for adults who have legal guardians only with appropriate authorization; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Take special care to protect the interests of minors or clients who are unable to give voluntary, informed consent.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Termination of Services. A psychologist or psychology associate shall:</text>
    <paragraph num="(1)">
      <text>Make or recommend referral to other professional, technical, or administrative resources if the referral is clearly in the best interest of the client; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless precluded by the actions of the client, terminate the professional relationship in an appropriate manner, notify the client in writing of this termination, and assist the client in obtaining services from another professional, if:</text>
      <paragraph num="(a)">
        <text>It is reasonably clear the client is not benefiting from the relationship;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A multiple relationship develops or is discovered after the professional relationship has been initiated;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Impaired competency or objectivity develops or is discovered after a professional relationship has been initiated; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The psychologist or psychology associate has been threatened or otherwise endangered by the client or another person with whom the client has a relationship.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>