# COMAR Title 10 — Maryland Department of Health

## Subtitle 38 — Board of Physical Therapy Examiners

### Chapter 02 — Code of Ethics

#### Regulation .02 Sexual Misconduct.

*COMAR 10.38.02.02*

A. A physical therapist or physical therapist assistant may not engage in sexual misconduct.

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

  (1) 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 rendered;

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

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

  (4) Sexual advances requesting sexual favors;

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

  (6) A verbal comment of a sexual nature;

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

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

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

  (10) Sexual harassment of staff or students;

  (11) An unnecessary sensual act or comment; or

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