State of Maryland - Senate Bill 495

SENATE BILL 495

BY:	Senators Teitelbaum, Hollinger, Dyson, and Collins
Introduced and read first time:	February 6, 1998
Assigned to:	Economic and Environmental Affairs
Committee Report:	Favorable
Senate action:	Adopted
Read second time:	March 10, 1998

CHAPTER __

AN ACT concerning

Health Occupation Boards - Sexual Misconduct

FOR the purpose of requiring health occupation boards to adopt certain regulations prohibiting certain sexual misconduct; specifying that the commission of sexual misconduct shall serve as a basis for administrative prosecution by a health occupation board; requiring certain reporting by the health occupation boards and the Secretary of Health and Mental Hygiene; and generally relating to prohibition and discipline by health occupation boards of sexual misconduct.

BY adding to

Article - Health Occupations

Section 1-212

Annotated Code of Maryland

(1994 Replacement Volume and 1997 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,

That the laws of Maryland read as follows:

Article - Health Occupations

1.212.

(A)	EACH HEALTH OCCUPATION BOARD AUTHORIZED TO ISSUE A LICENSE OR CERTIFICATE UNDER THIS ARTICLE SHALL ADOPT REGULATIONS THAT:
	(1)	PROHIBIT SEXUAL MISCONDUCT; AND
	(2)	PROVIDE FOR THE DISCIPLINE OF A LICENSEE OR CERTIFICATE HOLDER FOUND TO BE GUILTY OF SEXUAL MISCONDUCT.
(B)	FOR THE PURPOSES OF THE REGULATIONS ADOPTED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION, "SEXUAL MISCONDUCT" SHALL BE CONSTRUED TO INCLUDE, AT A MINIMUM, BEHAVIOR WHERE A HEALTH CARE PROVIDER:
	(1)	HAD ENGAGED IN SEXUAL BEHAVIOR WITH A CLIENT OR PATIENT IN THE CONTEXT OF A PROFESSIONAL EVALUATION, TREATMENT, PROCEDURE, OR OTHER SERVICE TO THE CLIENT OR PATIENT, REGARDLESS OF THE SETTING IN WHICH PROFESSIONAL SERVICE IS PROVIDED;
	(2)	HAD ENGAGED IN SEXUAL BEHAVIOR WITH A CLIENT OR PATIENT UNDER THE PRETENSE OF DIAGNOSTIC OR THERAPEUTIC INTENT OR BENEFIT; OR
	(3)	HAD ENGAGED IN ANY SEXUAL BEHAVIOR THAT WOULD BE CONSIDERED UNETHICAL OR UNPROFESSIONAL ACCORDING TO THE CODE OF ETHICS, PROFESSIONAL STANDARDS OF CONDUCT, OR REGULATIONS OF THE APPROPRIATE HEALTH OCCUPATION BOARD UNDER THIS ARTICLE.
(C)	SUBJECT TO THE PROVISIONS OF THE LAW GOVERNING CONTESTED CASES, IF AN APPLICANT, LICENSEE, OR CERTIFICATE HOLDER VIOLATES A REGULATION ADOPTED UNDER SUBSECTION (A) OF THIS SECTION A BOARD MAY:
	(1)	DENY A LICENSE OR CERTIFICATE TO THE APPLICANT;
	(2)	REPRIMAND THE LICENSEE OR CERTIFICATE HOLDER:
	(3)	PLACE THE LICENSEE OR CERTIFICATE HOLDER ON PROBATION; OR
	(4)	SUSPEND OR REVOKE THE LICENSE OR CERTIFICATE.
(D)	THIS SECTION DOES NOT NEGATE ANY OTHER DISCIPLINARY ACTION UNDER A HEALTH OCCUPATION BOARD’S STATUTORY OR REGULATORY PROVISIONS.
(E)	(1)	EACH YEAR, EACH HEALTH OCCUPATION BOARD SHALL SUBMIT A STATISTICAL REPORT TO THE SECRETARY, INDICATING THE NUMBER OF COMPLAINTS OF SEXUAL MISCONDUCT RECEIVED AND THE RESOLUTION OF EACH COMPLAINT. THE REPORT SHALL COVER THE PERIOD BEGINNING OCTOBER 1 AND ENDING THE FOLLOWING SEPTEMBER 30 AND SHALL BE SUBMITTED BY THE BOARD NOT LATER THAN THE NOVEMBER 15 FOLLOWING THE REPORTING PERIOD.
	(2)	THE SECRETARY SHALL COMPILE THE INFORMATION RECEIVED FROM THE HEALTH OCCUPATION BOARDS AND SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH §2-1246 OF THE STATE GOVERNMENT ARTICLE, NOT LATER THAN DECEMBER 31 OF EACH YEAR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 1998