This chapter applies to licensed podiatrists in Maryland. A podiatrist may not engage in sexual misconduct. Sexual misconduct includes, but is not limited to: 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; Sexual behavior with a patient on the pretense of therapeutic intent of benefit; Sexual acts, sexual conduct, vaginal intercourse, or any genital contact, as defined in Criminal Law Article §3-301(e) — (g), Annotated Code of Maryland; Solicitation of a sexual relationship, whether consensual or nonconsensual, with a patient; Sexual advances requesting sexual favors; Therapeutically inappropriate or intentional touching of a sexual nature; A verbal comment of a sexual nature; Physical contact of a sexual nature with a patient; Discussion of unnecessary sexual matters while treating a patient; The taking of photographs of patients for a sexual purpose; Sexual harassment of staff or students; An unnecessary sensual act or comment; or Sexual contact with an incompetent or unconscious patient. 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. Health Occupations Article, §§1-212, 16-205, and 16-206, Annotated Code of Maryland Effective date: October 2, 2000 (27:19 Md. R. 1726) Regulation .03 amended effective December 22, 2003 (30:25 Md. R. 1848)