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 Proceedings
A. 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;
(2) Payment of a fine;
(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; or
(3) Both.
D. 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.