Current through 2024-38, September 18, 2024
In addition to the grounds for discipline set forth in
10 M.R.S.A.
§8003(5-A)(A) and 32 M.
R.S.A. § 17307, the board may impose disciplinary action against a
licensee, including denial or nonrenewal of a license, for any of the following
reasons:
1.
Habitual Substance
Abuse
Habitual substance abuse that has resulted or is foreseeably
likely to result in the licensee performing professional services in a manner
that endangers the health or safety of patients; or
2.
Sexual Misconduct
Sexual misconduct, which 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. Making sexual advances toward or
requesting sexual favors from an individual served;
D. Therapeutically inappropriate or
intentional touching in a sexual manner of an individual served;
E. Physical contact of a sexual nature with
an individual served;
F.
Therapeutically unnecessary discussion of sexual matters or other verbal
conduct of a sexual nature while treating the individual being
served;
G. Directly or indirectly
watching the individual served while the individual is undressing or dressing
when it is not part of the therapeutic process;
H. Taking, for sexual purposes, photographs
or videos of an individual served;
I. Sexual harassment of staff or students;
or
3.
False or
Misleading Product or Service Warranty
A. Using, or causing to be used, any
guarantee or warranty which is false, misleading, deceptive or unfair to the
purchasing or consuming public with respect to the quality, construction,
serviceability, performance or method of manufacture of any hearing aid, the
terms and conditions of refund, replacement or repair thereof, or in any other
respect; or
B. Failing to honor a
warranty or contract.
