Md. Code Regs. 10.57.10.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.57.10.04 - Guidelines for Disciplinary Sanctions or Imposition of a Penalty

A. Subject to the provisions of this section, the Board may impose the following sanctions and penalties for violations of the Maryland Certification of Residential Child Care Program Professionals Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

(1) Fraudulently or Deceptively Obtains, Attempts to Obtain a Certificate.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Suspension	Denial of application or revocation	Suspension to denial of application or revocation of certificate

(2) Fraudulently or Deceptively Uses a Certificate.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Suspension	Revocation	Suspension to revocation of certificate

(3) Criminal Convictions or Nolo Contendere.(whether or not any appeal or other proceeding is pending to have the conviction set aside).

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) 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 with conditions	Denial of application or revocation	Suspension for 1 year and probation for 1 year with conditions
	(b) Has been convicted of or pleads guilty or nolo contendere for assault or a drug-related offense or violation of the Courts and Judicial Proceedings Article, § 8-838 or 3-8 A-30, Annotated Code of Maryland, within 5 years of applying for certification or renewal	N/A	Denial of application or revocation	Denial of application or revocation
	(c) Indicated finding of child abuse or neglect or conviction for child abuse or neglect, spousal abuse, rape, sexual assault, homicide, or any crime against children	N/A	Denial of application or revocation	Denial of application or revocation

(4) Impairment (mentally, physically, or through the use of drugs or alcohol).

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) Mental impairment	Suspension	Denial of application or revocation	Suspension to denial of application or revocation
	(b) Physical Impairment	Suspension	Denial of application or revocation	Suspension to Denial of application or revocation
	(c) Misuse of drugs or alcohol without harm to others	Suspension for 2 years and probation for up to 5 years, and conditions	Denial of application or revocation	Suspension for 2 years and probation for up to 5 years, and conditions to Denial of application or revocation
	(d) Misuse of drugs or alcohol with client harm or a risk of client harm	Denial of application	Revocation	Denial of application or revocation

(5) Reciprocal Discipline.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) Conduct resulting in no physical or psychological harm	Reprimand	Denial of application, reprimand and probation for up to 3 years, and conditions	Reprimand to Denial of application, reprimand and probation for up to 3 years, and conditions
	(b) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm.	Suspension for 3 years, without stay and probation for up to 3 years, and conditions	Denial of application or revocation	Suspension for 3 years, without stay and probation for up to 3 years, and conditions to denial of application or revocation
	(c) Misrepresentation or fraud	Suspension for 2 years, without stay and probation for 2 years, and conditions	Denial of application or revocation	Suspension for 2 years, without stay and probation for 2 years, and conditions to denial of application or revocation
	(d) Conduct not provided for in (a)-(c) above	Reprimand	Revocation	Reprimand to revocation

(6) Unauthorized Practice.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) Knowingly allows an unauthorized individual to practice without harm to client	Reprimand with conditions	Denial of application or revocation	Reprimand with conditions to denial of application or revocation
	(b) Knowingly allows an unauthorized individual to practice with greater than minimal client harm	Suspension for 5 years without stay for 30 days, and probation for 5 years, and condition	Denial of application or revocation	Suspension for 5 years without stay for 30 days, and probation for 5 years, and condition to denial of application or revocation
	(c) An authorized individual practices outside their scope of practice without client harm or minimal client harm	Reprimand with conditions	Denial of application or revocation	Reprimand with conditions to denial of application or revocation
	(d) An authorized individual practices outside their scope of practice with greater than minimal client harm	Suspension for 5 years without stay for 30 days, and probation for 5 years, and condition	Denial of application or revocation	Suspension for 5 years without stay for 30 days, and probation for 5 years, and condition to denial of application or revocation

(7) Willfully Makes or Files a False Report, Willfully Fails, Obstructs the Filing, or Induces Another to Fail to File or Record a Report as Required by Law.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Suspension	Denial of application or revocation	Suspension to denial of application or revocation

(8) Unprofessional Conduct in Performing Duties.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) Unprofessional conduct resulting in no physical or psychological harm to a client	Reprimand and conditions	Suspension for up to 2 years and probation for up to 2 years, conditions	Reprimand and conditions to Suspension for up to 2 years and probation for up to 2 years, conditions
	(b) Unprofessional conduct resulting in physical or psychological harm or a risk of physical or psychological harm to a client	Suspension for 3 years, and probation for 3 years, and conditions	Revocation	Suspension for 3 years, and probation for 3 years, and conditions to revocation
	(c) Unprofessional conduct resulting from any violation not provided in (a)-(b) above	Reprimand	Revocation	Reprimand to revocation

(9) Discrimination.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Reprimand	Probation	Reprimand to probation

(10) Sexual Misconduct.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Suspension for at least 5 years and probation with conditions for up to 10 years	Denial of application or revocation	Suspension for at least 5 years and probation with conditions for up to 10 years to Denial of application or revocation.

(11) Continuing Education Violations.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Reprimand	Suspension	Reprimand to Suspension

(12) Failure to Cooperate.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) Willfully, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board	Suspension for 5 years, without stay for 30 days, and probation for 5 years with conditions	Denial of application or revocation	Suspension for 5 years, without stay for 30 days, and probation for 5 years with conditions to denial of application or revocation
	(b) Threatens forces, intimidates, or influences a person to change or withhold evidence before the Board	Suspension for 5 years, without stay for 90 days, and probation for 5 years with conditions	Denial of application or revocation	Suspension for 5 years, without stay for 90 days, and probation for 5 years with conditions to denial of application or revocation

(13) Unauthorized Practice.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	$1,500	$5000 or imprisonment not exceeding 6 months or both	$1,500 to $5,000 or imprisonment not exceeding 6 months or both

(14) Noncompliance with Board Orders.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
Least to Greatest	(a) 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, and probation for 3 years, and conditions to revocation
	(b) Failure to comply with 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	Failure to comply with Board order with additional unprofessional conduct to revocation
	(c) Failure to comply with Board order with serious injury or death of a client, or the risk of significant physical injury or death	Suspension for 5 years, without a stay, and probation for 5 years, and conditions	Revocation	Failure to comply with Board order with serious injury or death of a client, or the risk of significant physical injury or death to revocation

(15) Other Violations.

Severity	Tier/Conduct	Sanction Range		Duration
		Minimum	Maximum
N/A	N/A	Suspension	Denial of application or revocation	Suspension to denial of application or revocation

B. If a certified residential child care program administrator or residential child and youth care practitioner is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction shall control.

Md. Code Regs. 10.57.10.04