# COMAR Title 10 — Maryland Department of Health

## Subtitle 40 — Board of Podiatric Medical Examiners

### Chapter 04 — Code of Ethics

**Authority:** Health Occupations Article, §§1-212, 16-205, and 16-206, Annotated Code of Maryland

**Administrative History:** Effective date: October 2, 2000 (27:19 Md. R. 1726)

**Administrative History:** Regulation .03 amended effective December 22, 2003 (30:25 Md. R. 1848)

#### Regulation .01 Scope.

*COMAR 10.40.04.01*

This chapter applies to licensed podiatrists in Maryland.

#### 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.

#### Regulation .03 Penalties.

*COMAR 10.40.04.03*

Violation of Regulation .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 $50,000.