Md. Code Regs. 10.27.26.03

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

Section 10.27.26.03 - Application

A. This chapter is not applicable to cases in which the Board, after investigating a matter, decides to issue a public advisory letter in lieu of discipline in accordance with Health Occupations Article, §8-317(h) or 8-6 B-19(h), Annotated Code of Maryland.

B. This chapter is not applicable to:

(1) An individual seeking an initial license or certificate; or

(2) The summary suspension of a licensee or certificate holder under State Government Article, §10-226, Annotated Code of Maryland, or Health Occupations Article, §8-317(g), Annotated Code of Maryland.

C. This chapter is not applicable to violations for which a mandatory sanction or penalty is set by statute or regulation.

D. The severity of sanctions is ranked as follows, from least severe to most severe:

(1) Reprimand;

(2) Probation;

(3) Suspension; and

(4) Revocation.

E. The addition of a monetary penalty to a sanction does not change the ranking of the severity of the sanction.

F. If a monetary penalty is added to a sanction, a sanction with a higher monetary penalty is more severe than the same sanction with a lesser monetary penalty.

G. When a licensee or certificate holder's conduct results in multiple violations of the Maryland Nurse Practice Act or regulations adopted by the Board, the Board:

(1) May consider sanctions that are greater than those imposed for a single violation; and

(2) Has discretion to apply the category with the highest maximum sanction.

H. In the event that a licensee's or certificate holder's violation of the Maryland Nurse Practice Act or regulations adopted by the Board does not fall within a particular category of misconduct included in Regulation .07 of this chapter, the Board shall:

(1) Use its discretion to determine the appropriate sanction; and

(2) Consider, to the extent possible, the sanctioning guidelines set forth in Regulation .07 of this chapter.

I. In the event that the Board determines that a licensee's or certificate holder's violation of the Maryland Nurse Practice Act or regulations adopted by the Board falls within more than one category of misconduct established under Regulation .07 of this chapter, the Board shall, in its discretion, determine the category under which the violation shall be adjudicated.

J. The period of a suspension may be stayed in whole or in part.

K. Any sanction imposed by the Board in accordance with the sanctioning guidelines set forth in Regulation .07 of this chapter may be accompanied by conditions reasonably related to the violation or to the rehabilitation of the licensee or certificate holder.

L. The inclusion of conditions with any sanction is within the discretion of the Board and does not factor into a determination of whether a particular sanction falls within or outside of the sanctioning guidelines set forth in Regulation .07 of this chapter, nor does it increase the severity of the sanction.

M. The Board is not required to make findings of fact or to articulate its reasoning for imposing a sanction that falls within the range of sanctions set forth in Regulation .07 of this chapter.

N. If the Board imposes a sanction that departs from the sanctioning guidelines set forth in Regulation .07 of this chapter, the Board shall state its reasons for doing so in its final decision and order.

O. A departure from the sanctioning guidelines set forth in Regulation .07 of this chapter is not a ground for any hearing or appeal of a Board action.

P. To resolve a pending disciplinary matter, the Board and licensee or certificate holder may agree to a consent order or the surrender of the license or certificate under terms and conditions agreed to by the Board and the licensee or certificate holder.

Md. Code Regs. 10.27.26.03