These regulations govern any licensed dietitian (LD) or licensed nutritionist (LN) in the State. Each licensee accepts the obligation to protect the public by: Upholding the Code of Ethical Practices, as set forth in this chapter; and Reporting alleged violations of this chapter to the Board. The primary concern of the licensee shall be the welfare of clients or patients. The licensee shall function with discretion and integrity in relationships with other licensees of the Board and other health professionals. The licensee shall practice dietetics or nutrition with honesty, integrity, self-respect, and fairness. The licensee may not: Knowingly participate in or condone behavior which is dishonest, fraudulent, or deceitful; Exploit relationships with clients or patients for personal advantage; Engage in sexual misconduct with clients or patients as set forth in Regulation .04 of this chapter; Accept a client or patient for treatment or continue treatment unnecessarily, if benefit cannot reasonably be expected to accrue; Accept or receive, or both, remuneration for making or accepting referrals; or Suggest the ability to improperly influence any public body, official, person, or any individual on behalf of a client or patient. A licensee shall: Notify a referring professional if a decision is made not to accept or continue to treat a client, because benefit cannot reasonably be expected to accrue; Permit use of the licensee's name for the purpose of certifying that nutrition or dietetic services have been rendered, only if the licensee has provided or supervised the provision of those services; Cooperate with a lawful investigation conducted by the Board; Remain free of conflicts of interest while fulfilling the objectives and maintaining the integrity of the dietetic or nutrition profession; Maintain confidentiality of information as follows: Safeguard information obtained in clinical or consulting relationships, including storage and disposal of written and electronic records; Reveal confidential information to others only with informed consent of the client or patient or the client's or patient's legal representative; Release health records only as permitted by Health-General Article, §§4-301—4-307, Annotated Code of Maryland; If supervising human research: Obtain voluntary and informed consent for participation, without any direct or implied deprivation or penalty for refusal to participate, and with due regard for a client's or patient's privacy and dignity; and Comply with the Helsinki Declaration of 1975 as revised in 1983; Practice nutrition or dietetics based on generally accepted scientific principles so as to minimize risk of harm to clients or patients; Exercise professional judgment within the limits of the licensee's qualifications, and seek counsel or make a referral when the client's or patient's needs are beyond the parameters of the licensee's education, capabilities, experience, or scope of practice; Obtain additional education, training, and supervision as needed to perform a new technique or service in a new specialty area; Use resources available, including referral to other specialists as needed, to maximize improvements in a client or patient; Exercise professional judgment in the use of evaluation and treatment procedures, and decline to carry out treatment if the licensee believes the treatment would be harmful, contraindicated, or unjustified, and notify the referring professional, if any, of such action; Terminate a professional relationship with a client or patient in an appropriate manner and offer to assist the client or patient in obtaining services from another professional if indicated; Make arrangements for another professional to address the needs of a client or patient as appropriate, during a period of anticipated absence from professional availability; Assume responsibility and accountability for personal competence in practice as follows: Keep written treatment records of any client or patient under the licensee's care, and for a period of not less than 5 years following termination of treatment; Include in the records required by §E(13)(a) of this regulation a patient's or client's: Condition; Assessment results; Treatment modalities; and Plan of care; Meet the continuing education requirements as set forth in COMAR 10.56.05; Delegate responsibilities only to the extent set forth in COMAR 10.56.01; Provide supervision as required under COMAR 10.56.01; and Take corrective action if an individual supervised by the licensee performs nutritional services incorrectly; Provide sufficient information to enable a client or a patient to make informed decisions regarding treatment, including: The purpose and nature of any evaluation, treatment, educational, or training procedure; The estimated cost of each stage of a procedure or of the entire treatment; The reasonable expectations of the professional relationship; The right to withdraw from treatment at any time; and Notification that observation, electronic taping, recording, or filming procedures may not be used unless the client consents; Promote or endorse products or procedures, or both, only in a manner that is not false or misleading; Accurately present professional qualifications and credentials including educational, experience, and certification affiliations; and Attempt to correct others who misrepresent the licensee's qualifications or affiliation. Selling of nutritional products by a licensee is ethical only with the following written disclosures: That the product is sold as a convenience and the client or patient is not obligated to purchase the product; That the product may be purchased from another source; and That the price and amount of any profit gained for the product is made clear to the client or patient. If a licensee experiences a substance-abuse problem that impairs professional practice, the licensee shall seek professional treatment and contact the Board's dietetic rehabilitation committee. A licensed dietitian or licensed nutritionist may not engage in sexual misconduct in the practice of dietetics. Sexual misconduct includes, but is not limited to: 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 provided; Sexual behavior with a client or patient under the pretext of diagnostic or therapeutic intent or benefit; Requesting sexual favors of a client or patient; Inappropriate touching of a client or patient in a sexual manner; Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating a client or patient; Taking photographs or video tapes of a client or patient for sexual purposes; or Sexual harassment of staff or students. Violation of Regulations .02—.04 of this chapter may result in the Board taking action to reprimand a licensee, place the licensee on probation, or suspend or revoke the licensee's license. Health Occupations Article, §§1-212, 5-102, and 5-205, Annotated Code of Maryland Effective date: February 20, 1989 (16:3 Md. R. 345) Regulation .02A amended effective November 7, 1994 (21:22 Md. R. 1878) Regulation .02 recodified to Regulation .04 effective July 24, 2000 (27:14 Md. R. 1342) Regulations .02 and .03 adopted effective July 24, 2000 (27:14 Md. R. 1342) Chapter revised effective April 16, 2001 (28:7 Md. R. 691)