Md. Code Regs. 10.41.04.08
Current through Register Vol. 51, No. 24, December 2, 2024
Section 10.41.04.08 - Probation and Violation of Probation ProceedingsA. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to: (1) Reeducation or completion of approved courses;(3) Providing free audiology, hearing aid dispensing, speech-language pathology, or music therapy services in a Board-approved program;(4) Practicing under supervision;(5) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board;(6) Periodic review of a licensee's clinical practices or billing;(7) Periodic audits of a licensee's billing practices;(8) An examination by a physician or other appropriate health care provider;(9) Limitation of the licensee's practice;(10) Obtaining a passing score on an appropriate examination; or(11) Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee.B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when: (1) The specific period of time has passed;(2) The licensee has successfully completed the conditions or acts required for termination; orD. If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall: (1) Charge the licensee with a violation of probation;(2) Take any action the final order or consent order provides for a violation of probation, including suspension of the license;(3) Consider a summary suspension of the license; or(4) Take any other action the Board considers appropriate and may take by law.E. Charges for Violation of Probation. (1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.(2) The charging document for a violation of probation shall:(a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;(b) Allege facts that constitute a basis for a violation of probation; and(c) Notify the respondent of: (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and(ii) The consequences of failing to appear for those proceedings or to request a hearing.(3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter.G. If the Board determines that a respondent has violated probation, the Board shall: (1) Take any action the consent order or final order provides for a violation of probation;(2) Impose additional conditions of probation; or(3) Impose a sanction or take any other action the Board considers appropriate and may take by law.Md. Code Regs. 10.41.04.08
Regulations .08 adopted effective March 31, 2003 (30:6 Md. R. 421); amended effective 51:15 Md. R. 708, eff. 8/5/2024.