Md. Code Regs. 10.65.09.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.65.09.05 - Disciplinary Guidelines

The following guidelines shall be used by the Board as a guide for sanctioning a licensee or registrant in formal and informal actions and proceedings:

A. Abuse - Physical and Emotional.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Unnecessary or disruptive behavior which may include verbal comments, directed to a patient, resulting in minimal harm or a risk of harm
	(2) Physical abuse resulting in significant physical or emotional injury	Suspension for 3 years, without stay for at least 30 days and probation for 3 years, and conditions	Revocation	Suspension for 3 years, without stay for at least 30 days, and probation for 3 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

B. Criminal Convictions or Plea of Nolo Contendere.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude	Suspension for 1 year and probation for 1 year, and conditions	Revocation	Suspension for 1 year and probation for 1 year, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Convicted of or pleads guilty or nolo contendere to a sexual offense	Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

C. Disciplined by Another Licensing or Disciplinary Authority.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Conduct resulting in no physical or psychological harm	Reprimand	Reprimand and probation for up to 3 years, and conditions	Reprimand to reprimand and probation for up to 3 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Conduct resulting in financial injury	Reprimand	Revocation	Reprimand to Revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm	Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, at least 10 days without stay, and probation for 3 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(4) Misrepresentation or fraud	Suspension for 2 years, without stay for at least 5 days, and probation for 2 years, and conditions	Revocation	Suspension for 2 years, without stay for at least 5 days, and probation for 2 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(5) Conduct not provided for in §C(1)-(4) of this regulation	Reprimand	Revocation	Reprimand to Revocation
			Denial of initial, renewal, reinstatement, or reactivation application

D. Diversion of Controlled Substances or Prescription Drugs.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Diversion without harm to self or others	Reprimand and conditions, and probation for 1 year	Suspension for up to 5 years, and probation for up to 5 years, and conditions	Reprimand and probation for 1 year to suspension for up to 5 years and probation for up to 5 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Diversion creating risk of harm	Suspension for 3 years and probation for 3 years, and conditions	Suspension for up to 5 years and probation for up to 5 years, and conditions	Suspension for 3 years and probation for 3 years to suspension for up to 5 years and probation for up to 5 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Diversion with harm	Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

E. Failure to Renew a License When the Licensee or Registrant Has Continued to Practice.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Failure to renew a license and practicing for up to 1 year	Reprimand	Revocation	Reprimand to suspension for 2 years, and probation for 2 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Failure to renew a license and practicing for 1 year or longer	Suspension for 2 years, and probation for 2 years, and conditions	Revocation	Suspension for 2 years, and probation for 2 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

F. Noncompliance with Board Orders.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Failure to comply with a Board order	Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, without stay for at least 10 days, probation for 3 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Failure to comply with a Board order with additional unprofessional conduct	Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Failure to comply with a Board order with serious physical injury or death of a patient, or the risk of significant physical injury or death	Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

G. Incompetent Practice or Misconduct.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Practice below acceptable standards with a low risk of patient harm	Reprimand and conditions	Suspension for 1 year, and probation for 1 year, and conditions	Reprimand to suspension for 1 year, and probation for 1 year
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Practice below acceptable standards with patient harm or risk of patient harm	Suspension for 3 years, without stay for at least 30 days, and probation, and conditions	Revocation	Suspension for 3 years, without stay for at least 30 days, and probation, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Practice below acceptable standards with serious physical injury or death of a patient, or a risk of significant physical injury or death	Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, to revocation
			Denial of initial, renewal, reinstatement or reactivation, application

H. Sexual Misconduct.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Unsolicited conduct of a sexual nature excluding physical contact that serves no diagnostic or treatment purpose	Reprimand and conditions	Revocation	Reprimand to suspension for 1 year, and probation for 1 year
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) A personal relationship that violates professional ethics	Suspension for 1 year, and probation for 1 year, and conditions	Suspension for up to 5 years, probation for up to 5 years, and conditions	Suspension for 1 year, and probation for 1 year, to suspension for up to 5 years, and probation for up to 5 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and that serves no diagnostic or treatment purpose	Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, and conditions	Revocation	Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, to suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(4) Sexual conduct involving, but not limited to, force intimidation, the use of drugs, or alcohol, or multiple victims	Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 1 year, and probation for 5 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

I. SubstanceAbuse.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Misuse of drugs or alcohol without harm to others	Suspension for 2 years and probation for 2 years, and conditions	Suspension for up to 5 years, and probation for up to 5 years, and conditions	Suspension for 2 years and probation for 2 years, to suspension for up to 5 years and probation for up to 5 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Misuse of drugs or alcohol with patient harm or a risk of patient harm	Suspension for 5 years, without stay for at least 90 days, probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 90 days, and probation for 5 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

J. Unauthorized Practice.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Licensee or registrant knowingly allows an unauthorized individual to practice outside their scope of practice without patient harm or minimal patient harm	Reprimand and conditions	Suspension for 2 years, and probation for 2 years, and conditions	Reprimand to suspension for 2 years, and probation for 2 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Licensee or registrant knowingly allows an unauthorized individual to practice outside their scope of practice with greater than minimal patient harm	Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 30 days, and probation for 5 years to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) An unauthorized individual practices outside their scope of practice without patient harm or minimal patient harm	Reprimand	Suspension for 2 years, and probation for 2 years, and conditions	Reprimand to suspension for 2 years, and probation for 2 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(4) An unauthorized individual practices outside their scope of practice with greater than minimal patient harm	Suspension for 5 years, without stay for at least 30 days, and probation, and conditions	Revocation	Suspension for 5 years, without stay for at least 30 days, and probation, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

K. Unethical Conduct.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(1) Unethical Conduct resulting in no physical or psychological harm	Reprimand and conditions	Suspension for up to 2 years, and probation for up to 2 years, and conditions	Reprimand to suspension for up to 2 years, and probation for up to 2 years
			Denial of initial, renewal, reinstatement, or reactivation application
	(2) Unethical conduct resulting in financial injury	Suspension for 3 years, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, and probation for 3 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(3) Unethical conduct resulting in physical or psychological harm or a risk of physical or psychological harm	Suspension for 3 years, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, and probation for 3 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(4) Unethically, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board	Suspension for 5 years, without stay for at least 30 days, and probation, for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(5) Unethical conduct resulting from misrepresentation or fraud	Suspension for 5 years, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence before the Board or the Office of Administrative Hearings.	Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions	Revocation	Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation
			Denial of initial, renewal, reinstatement, or reactivation application
	(7) Unethical Conduct resulting from any violation not provided for in §K(1)-(6) of this regulation	Reprimand	Revocation	Reprimand to revocation
			Denial of initial, renewal, reinstatement, or reactivation application

Md. Code Regs. 10.65.09.05

Regulations .05 adopted effective 43:26 Md. R. 1446, eff. 1/2/2017; amended and recodified from .06 effective 51:15 Md. R. 710, eff. 8/5/2024.