# COMAR Title 10 — Maryland Department of Health

## Subtitle 38 — Board of Physical Therapy Examiners

### Chapter 02 — Code of Ethics

**Authority:** Health-General Article, §2-1004; Health Occupations Article, §§1-212, 13-206, and 13-316; Annotated Code of Maryland

**Administrative History:** Effective date: April 6, 1979 (6:7 Md. R. 577)

**Administrative History:** Regulations .01—.03 repealed and new regulations .01 and .02 adopted effective August 2, 1982 (9:15 Md. R. 1514)

**Administrative History:** Regulation .01A amended effective April 4, 2022 (49:7 Md. R. 467)

**Administrative History:** Regulation .01C amended effective April 24, 2006 (33:8 Md. R. 734)

**Administrative History:** Regulation .01G adopted effective September 18, 2000 (27:18 Md. R. 1665)

**Administrative History:** Regulation .01H—L adopted effective March 18, 2002 (29:5 Md. R. 504)

**Administrative History:** Regulation .02 amended effective November 7, 1994 (21:22 Md. R. 1877)

**Administrative History:** Regulation .02 amended and recodified to Regulation .03 and new Regulation .02 adopted effective September 6, 1999 (26:18 Md. R. 1376)

#### Regulation .01 Code of Ethics.

*COMAR 10.38.02.01*

A. The physical therapist and physical therapist assistant shall provide care regardless of the patient's:

  (1) Race;

  (2) Religion;

  (3) Color;

  (4) Age;

  (5) National origin;

  (6) Marital status;

  (7) Sexual orientation;

  (8) Gender identity; or

  (9) Disability.

B. The physical therapist and the physical therapist assistant shall respect the dignity of the patient.

C. The physical therapist and physical therapist assistant shall protect the patient's right to privacy by not divulging confidential information without consent of the patient or guardian unless required by law.

D. The physical therapist shall provide information about fees upon request by the patient.

E. The physical therapist may not dispense or supply physical therapy equipment unless it is in the best interest of the patient.

F. The physical therapist and physical therapist assistant shall report to the Board of Physical Therapy Examiners all information that indicates a person is allegedly performing, or aiding and abetting, the illegal or unsafe practice of physical therapy.

G. The physical therapist and the physical therapist assistant shall comply with the probationary conditions of a Board order.

H. A licensee shall notify the Board in writing within 60 days if any license, certificate, permit, or registration granted by another state for the practice of physical therapy or limited physical therapy has been limited, restricted, suspended, revoked, or subjected to other disciplinary action by the licensing or certifying authority.

I. The physical therapist and physical therapist assistant shall provide and maintain medical records in accordance with Health-General Article, §§4-301—4-402, Annotated Code of Maryland.

J. The physical therapist or physical therapist assistant may not knowingly or willfully destroy, damage, alter, obliterate, or otherwise obscure a medical record or billing record or other information about a patient in an effort to conceal the information from use as evidence in an administrative, civil, or criminal proceeding.

K. The physical therapist or physical therapist assistant may not intimidate or influence any person to withhold or change testimony in hearings or proceedings before the Board or those otherwise delegated to the Office of Administrative Hearings.

L. The physical therapist or physical therapist assistant may not hinder, prevent, or otherwise delay any person from making information available to the Board in furtherance of any investigation of the Board.

#### 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.

#### Regulation .03 Penalties.

*COMAR 10.38.02.03*

Violation of Regulation .01 or .02 of this chapter may result in the Board taking action to reprimand a licensee or place the licensee on probation, or suspend or revoke the licensee's license. The Board may also impose a penalty not exceeding $5,000.