Md. Code Regs. 10.58.09.06

Current through Register Vol. 51, No. 25, December 13, 2024
Section 10.58.09.06 - Sanctioning Guidelines
A. Subject to the provisions of Regulations .04 and .05 of this chapter, the Board may impose sanctions and penalties for violations of the Act and regulations according to the guidelines set forth in the following chart:
B. Range of Sanctions.

ViolationMaximumSanctionMinimumSanctionMaximumPenaltyMinimumPenalty
(1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, certificate holder or for anotherRevocation or denial of license or certificateActive suspension for 6 months$5,000$1,000
(2) Habitually is intoxicatedRevocation or denial of license or certificateActive suspension until in treatment and abstinent for 6 months$5,000$500
(3) Provides professional services:
(a) While under the influence of alcohol; or
(b) While using any narcotic or controlled dangerous substances as defined in Criminal Law Article, § 5-101, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication
Revocation or denial of license or certificateProbation for 2 years $5,000$250
(4) Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, professional counselor or art therapistRevocation or denial of license or certificateActive suspension for 6 months$5,000$1,000
(5) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gainRevocation or denial of license or certificateActive suspension for 1 year$5,000$1,000
(6) Willfully makes or files a false report or record in the practice of counseling or therapyRevocationProbation for 2 years$5,000$1,000
(7) Makes a willful misrepresentation while counseling or providing therapyRevocationReprimand $5,000$500
(8) Violates the Code of Ethics adopted by the BoardRevocation or Denial of license or certificate Reprimand$5,000$250
(9) Knowingly violates any provision of Health Occupations Article, Title 17, Annotated Code of MarylandRevocation or Denial of license or certificate Reprimand$5,000$500
(10) Is convicted of or pleads guilty or nolo contendere to a felony or crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set asideRevocation or Denial of license or certificateReprimand$5,000$500
(11) Incompetent.
(a) Is professionally incompetent
RevocationReprimand$5,000$100
(b) Is physically or mentally incompetentRevocationReprimand$5,000$100
(12) Submits a false statement to collect a feeRevocationReprimand$5,000$500
(13) Violates any rule or regulations adopted by the BoardRevocationReprimand$5,000$100
(14) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutesRevocationReprimand$5,000$100
(15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified or the certificate holder is certified and qualified to render because the individual is HIV positiveRevocationReprimand$5,000$1,000
(16) Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapyRevocationReprimand$5,000$100
(17) Knowingly fails to report suspected child abuse in violation of Family Law Article, § 5-704, Annotated Code of MarylandRevocationReprimand$5,000$100
(18) Fails to cooperate with a lawful investigation conducted by the BoardRevocationReprimand$5,000$500

Md. Code Regs. 10.58.09.06