Md. Code Regs. 10.57.05.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.57.05.04 - Sexual Misconduct

A. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

(1) Inappropriate sexual language;

(2) Sexual exploitation;

(3) Sexual harassment;

(4) Sexual behavior; and

(5) Therapeutic deception.

B. Concurrent Sexual Relationships. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in either consensual or forced sexual behavior with:

(1) A client;

(2) A supervisee over whom the certified residential child care program administrator or certified residential child and youth care practitioner exercises professional authority or with whom the licensee maintains direct supervision or education while the professional relationship continues or exist; or

(3) An individual with whom the client has a close personal relationship, including but not limited to a relative or a significant individual in the client's life, if there is a risk of exploitation or potential harm to the client.

C. Sexual Harassment.

(1) The certified program administrator or certified residential child and youth care practitioner may not sexually harass a client or supervisee.

(2) If sexually harassed by a client, the certified program administrator or certified residential child and youth care practitioner shall:

(a) Seek professional consultation with another licensed health professional;

(b) Redefine the professional plan of action in writing in the client's record, documenting all action taken in the client's treatment plan; and

(c) Terminate therapy and assist in the referral to another health care provider.

D. Deceit During Therapy. The certified residential child care program administrator or certified residential child and youth care practitioner may not.

(1) Engage in sexual activity with a client or an individual in a close personal relationship with the client, on the pretense of therapeutic intent or benefit;

(2) Represent to the client or individual in close personal contact with the client that sexual contact or activity by or with the certified residential child care program administrator or certified residential child and youth care practitioner is consistent with or part of the client's therapy; or

(3) Suggest, recommend, or encourage the client to engage in a sexually provocative act, including but not limited to:

(a) Sexual contact with the certified residential child care program administrator or certified residential child and youth care practitioner;

(b) Genital stimulation by or of the client or certified residential child care program administrator or certified residential child and youth care practitioner;

(c) Undressing by or of the certified program administrator or certified residential child and youth care practitioner in the presence of the client, or of the client in the presence of the certified residential child program administrator or certified residential child and youth care practitioner; or

(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.

Md. Code Regs. 10.57.05.04