Md. Code Regs. 10.58.16.16

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

Section 10.58.16.16 - Prohibited Conduct

Subject to the hearing provisions of Health Occupations Article, §176A 21, Annotated Code of Maryland, the Board may deny a license to any applicant, reprimand any licensed behavior analyst, place any licensed behavior analyst on probation, or suspend or revoke a license if the applicant or licensed behavior analyst:

A. Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensed behavior analyst or for another;

B. Fraudulently or deceptively uses a license;

C. Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

D. Aids or abets an unauthorized person in practicing behavior analysis or representing oneself to be a behavior analyst;

E. Practices behavior analysis fraudulently or deceitfully;

F. Violates the code of ethics adopted by the Board under Health Occupations Article, §176A 03, Annotated Code of Maryland;

G. Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

H. Submits a false statement to collect a fee;

I. Willfully makes or files a false report or record in the practice of behavior analysis;

J. Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country or disciplined by any branch of the United States uniformed services or the United States Veterans Administration for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;

K. Violates any provision of:

(1) Health Occupations Article, Title 17, Subtitle 6A, Annotated Code of Maryland; or

(2) This chapter;

L. Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;

M. Is professionally, physically, or mentally incompetent;

N. Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

O. Behaves immorally in the practice of behavior analysis;

P. Commits an act of unprofessional conduct in the practice of behavior analysis;

Q. Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensed behavior analyst is licensed and qualified to render because the individual is HIV positive;

R. Fails to cooperate with a lawful investigation conducted by the Board;

S. Commits an act that is inconsistent with generally accepted professional standards in the practice of behavior analysis;

T. Fails to submit to a criminal history records check in accordance with Health Occupations Article, §17501.1, Annotated Code of Maryland;

U. Habitually is intoxicated;

V. Provides professional services while under the influence of alcohol or while using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, §5101, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication; or

W. Knowingly fails to report suspected child abuse in violation of Family Law Article, §5704, Annotated Code of Maryland.

Md. Code Regs. 10.58.16.16

Regulation .16 adopted effective 44:10 Md. R. 473, eff. 5/22/2017; recodified from .15 effective 50:18 Md. R. 798, eff. 9/18/2023