Section 338.3910. Prohibited conduct.


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  • (1) In addition to the conflict of  interest  provisions  of section 18413(1) of the code, a registered sanitarian shall not engage in conduct prohibited by this rule, which includes, but is not limited to, the following acts or omissions:

    (a)   Refusing to provide professional service to a person because  of the person's race, creed, color, national   origin,  age,   sex,  sexual orientation, disability, or any basis proscribed by law.

    (b)   Engaging in  harassment  or   unfair   discrimination   based    on   a person's race,  creed,  color,   national  origin,  age,  sex,   sexual orientation, disability, or any basis proscribed by law.

    (c)   Involvement in a conflict of interest that interferes with the exercise of professional discretion or makes a client's interests secondary.

    (d)     Taking on  a  professional   role  when  personal,  scientific, professional, legal, financial, or other relationships could impair the exercise of professional discretion or make the interests of a client or interest group secondary to those of the registered sanitarian.

    (e)   Taking advantage of any professional relationship or exploiting others to further the registered sanitarian's personal, religious, political and/or business/financial interests.

    (f)  Involvement in a professional relationship with a  current  or former client and/or his or her immediate   family  in  which  there   is   a risk  of exploitation or harm to the client.

    (g)   Soliciting or engaging in a sexual relationship with  a  current client that results in a conflict of interest.

    (h)   Failing to inform a client or interest group of his  or  her obligations and options in regard to environmental and public health issues.

    (i)   Failing to advise a client or interest group of applicable standards and statutes when rendering advice as a registered sanitarian.

    (j)   Offering professional consultation or taking professional action in a manner that will endanger the public health or the environment.

    (2) As used in subdivisions (c), (d), (f), (g), (h), and (i) of subrule (1), "client" means an individual for whom sanitarian services are rendered by  a  sanitarian registered under Part 184 of  the  Public Health Code and covered by these rules.

History: 2008 AACS.