# COMAR Title 10 — Maryland Department of Health

## Subtitle 40 — Board of Podiatric Medical Examiners

### Chapter 04 — Code of Ethics

#### Regulation .02 Sexual Misconduct.

*COMAR 10.40.04.02*

A. A podiatrist may not engage in sexual misconduct.

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

  (1) Sexual behavior with a patient in the context of a professional evaluation, treatment, procedure, or other service to the patient, regardless of the setting in which the professional service is provided;

  (2) Sexual behavior with a patient on the pretense of therapeutic intent of benefit;

  (3) Sexual acts, sexual conduct, vaginal intercourse, or any genital contact, as defined in Criminal Law Article §3-301(e) — (g), Annotated Code of Maryland;

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

  (5) Sexual advances requesting sexual favors;

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

  (7) A verbal comment of a sexual nature;

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

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

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

  (11) Sexual harassment of staff or students;

  (12) An unnecessary sensual act or comment; or

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