2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-19 - Denials, Suspension or Revocation of License; Reprimands, Probation

Subject to the hearing provisions of §  17–6A–21 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)    Fraudulently or deceptively uses a license;
(3)    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;
(4)    Aids or abets an unauthorized person in practicing behavior analysis or representing oneself to be a behavior analyst;
(5)    Practices behavior analysis fraudulently or deceitfully;
(6)    Violates the code of ethics adopted by the Board under § 17–6A–03 of this subtitle;
(7)    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;
(8)    Submits a false statement to collect a fee;
(9)    Willfully makes or files a false report or record in the practice of behavior analysis;
(10)    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;
(11)    Violates any provision of this subtitle or any regulation adopted by the Board;
(12)    Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(13)    Is professionally, physically, or mentally incompetent;
(14)    Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(15)    Behaves immorally in the practice of behavior analysis;
(16)    Commits an act of unprofessional conduct in the practice of behavior analysis;
(17)    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 to render because the individual is HIV positive;
(18)    Fails to cooperate with a lawful investigation conducted by the Board;
(19)    Commits an act that is inconsistent with generally accepted professional standards in the practice of behavior analysis;
(20)    Fails to submit to a criminal history records check in accordance with § 17–501.1 of this title;
(21)    Habitually is intoxicated;
(22)    Provides professional services while under the influence of alcohol or while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; or
(23)    Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article.