Md. Code Regs. 10.41.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.41.02.02 - Ethical Responsibilities

A. The licensee shall consider paramount the welfare of individuals served professionally.

B. Necessary Training. The licensee shall:

(1) Obtain proper training for the services the licensee provides; and

(2) Be prepared to document, at the request of the Board, any training obtained.

C. Professional Conduct.

(1) The licensee may not be represented by titles which are not consistent with training.

(2) The licensee shall follow acceptable patterns of professional conduct in relationship with the individuals served and engage in only the aspects of the profession that are within the scope of the licensee's competence.

(3) The licensee may not guarantee the result of a speech-language or hearing consultation or therapeutic procedure. A guarantee of any sort expressed or implied, oral or written, is contrary to professional ethics. The licensee may make a reasonable statement of the anticipated results, but, because successful results are dependent on many factors, a warranty is deceptive and unethical.

(4) The licensee may not diagnose or treat individual speech or hearing disorders by correspondence. This does not preclude follow-up by correspondence with individuals previously seen. It also does not preclude providing the persons served professionally with general information of an educational nature.

(5) The licensee may not reveal to unauthorized persons professional or personal information about the individual professionally served without appropriate permission from that individual, unless required by law.

(6) The licensee may not exploit individuals served professionally by:

(a) Accepting them for treatment when benefit cannot reasonably be expected to accrue;

(b) Continuing treatment unnecessarily;

(c) Charging for services not rendered;

(d) Failing to fully inform the individual served of the nature and possible effects of services rendered, or products dispensed, or both;

(e) Misrepresenting services rendered, or products dispensed, or both; or

(f) Failing to obtain informed consent to use the individual served for research or as subjects of teaching demonstrations.

(7) Licensees may not refuse to treat based upon:

(a) Race;

(b) Religion;

(c) Color;

(d) Age;

(e) National origin;

(f) Marital status;

(g) Sexual orientation;

(h) Gender identity; or

(i) Disability.

D. The licensee shall use every resource available, including referral to other specialists as needed, to effect maximal improvements in the individuals served.

E. The licensee shall take every precaution to avoid harm to the individual served professionally.

F. Sexual Misconduct.

(1) An audiologist, audiology assistant, hearing aid dispenser, speech-language pathologist, speech-language pathology assistant, or music therapist may not engage in sexual misconduct in the practice of audiology, hearing aid dispensing, speech-language pathology, or music therapy.

(2) Sexual misconduct includes, but is not limited to:

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

(b) Sexual behavior with an individual served under the pretense of diagnostic or therapeutic intent or benefit;

(c) A sexual relationship, whether consensual or non-consensual, with an individual served;

(d) Making sexual advances toward an individual served or requesting sexual favors;

(e) Therapeutically inappropriate or intentional touching in a sexual manner of an individual served;

(f) Physical contact of a sexual nature with an individual served;

(g) Therapeutically unnecessary discussion of sexual matters or other verbal conduct of a sexual nature while treating the individual being served;

(h) Directly or indirectly watching the individual served while the individual is undressing or dressing when it is not part of the therapeutic process;

(i) Taking, for sexual purposes, photographs or video- tapes of an individual served;

(j) Sexual harassment of staff or students; or

(k) Sexual contact with an incompetent or unconscious individual being served.

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

Md. Code Regs. 10.41.02.02

Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 348); March 23, 1998 (25:6 Md. R. 488); January 6, 2003 (29:26 Md. R. 2027)
Regulation .02F and G amended effective June 26, 2000 (27:12 Md. R. 1140); amended effective 51:15 Md. R. 708, eff. 8/5/2024.