Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.31 - Sanctioning Guidelines › Section 10.44.31.06 - Disciplinary Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
The following guidelines shall be used by the Board when
					 sanctioning licensees and certificate holders in formal and informal actions
					 and proceedings:
A. Abuse - Physical
				  and Emotional.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Unnecessary or disruptive behavior which may
							 include verbal comments, directed to a patient, resulting in minimal harm or a
							 risk of harm
Reprimand
Suspension for up to 5 years, and probation for up to 5
							 years, and conditions
Reprimand to suspension and probation for up to 5
							 years
(2) Physical abuse resulting in significant physical or
							 emotional injury
Suspension for 3 years, without stay for at least 30
							 days and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least 30
							 days, and probation for 3 years to revocation
B.
				  Advertising.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
Violation of advertising laws and regulations
Reprimand
Suspension for up to 2 years, and probation for up to 2
							 years, and conditions
Reprimand to suspension for up to 2 years, and
							 probation for up to 2 years
C.
				  Criminal Convictions or Plea of Nolo Contendere.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) 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, and
							 conditions
Revocation
Suspension for 1 year and probation for 1 year, to
							 revocation
(2) Convicted of or pleads guilty or nolo contendere to
							 a sexual offense
Suspension for 5 years, without stay for at least 60
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 60
							 days, and probation for 5 years, to revocation
D.
				  Disciplined by Another Licensing or Disciplinary Authority.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Conduct resulting in no physical or psychological
							 harm
Reprimand
Reprimand and probation for up to 3 years, and
							 conditions
Reprimand to probation for up to 3 years
(2) Conduct resulting in financial injury
Reprimand
Revocation
Reprimand to revocation
(3) Conduct resulting in physical or psychological harm
							 or a risk of physical or psychological harm
Suspension for 3 years, without stay for at least 10
							 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, at least 10 days without stay,
							 and probation for 3 years to revocation
(4) Misrepresentation or fraud
Suspension for 2 years, without stay for at least 5
							 days, and probation for 2 years, and conditions
Revocation
Suspension for 2 years, without stay for at least 5
							 days, and probation for 2 years to revocation
(5) Conduct not provided for in (1)"(4) above
Reprimand
Revocation
Reprimand to revocation
E.
				  Diversion of Controlled Substances or Prescription Drugs.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Diversion without harm to self or others
Reprimand and conditions, and probation for 1 year
Suspension for up to 5 years, and probation for up to 5
							 years, and conditions
Reprimand and probation for 1 year to suspension for up
							 to 5 years and probation for up to 5 years
(2) Diversion creating risk of harm
Suspension for 3 years and probation for 3 years, and
							 conditions
Suspension for up to 5 years and probation for up to 5
							 years, and conditions
Suspension for 3 years and probation for 3 years to
							 suspension for up to 5 years and probation for up to 5 years
(3) Diversion with harm
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years, to revocation
F.
				  Infection Control Guidelines - Centers for Disease Control and Prevention
				  (CDC).
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Failure to document compliance with CDC
							 guidelines
Reprimand
Reprimand and probation for up to 3 years, and
							 conditions
Reprimand and probation for up to 3 years
(2) Failure to comply with CDC guidelines
Probation for 1 year, and conditions
Suspension for up to 3 years and probation for up to 3
							 years, and conditions
Probation for 1 year to suspension for up to 3 years
							 and probation for up to 3 years
G.
				  Late License and Certificate Renewal When the Licensee or Certificate Holder
				  Has Continued to Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Renewal of a dental license, or dental hygiene
							 license, or dental radiation technologist certificate after the late period has
							 expired, but for not longer than 1 year after the late period has expired
Performance of pro bono work and the payment of the
							 monetary penalty
Performance of pro bono work and the payment of the
							 monetary penalty
Performance of pro bono work and the payment of the
							 monetary penalty
(2) Renewal of a dental license, or dental hygiene
							 license, or dental radiation technologist certificate after the late period has
							 expired, for 1 year or longer after the late period has expired
Suspension for 2 years, and probation for 2 years, and
							 conditions
Revocation
Suspension for 2 years, and probation for 2 years, to
							 revocation
H.
				  Noncompliance with Board Orders.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) 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, to revocation
(2) Failure to comply with a 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
Suspension for 3 years, without stay for at least 30
							 days, and probation for 3 years, to revocation
(3) Failure to comply with a Board order with serious
							 physical injury or death of a patient, or the risk of significant physical
							 injury or death
Suspension for 5 years, without stay for at least 1
							 year, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 1
							 year, and probation for 5 years, to revocation
I.
				  Practice Below Acceptable Standards of Care.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Practice below acceptable standards with a low risk
							 of patient harm
Reprimand and conditions
Suspension for 1 year, and probation for 1 year, and
							 conditions
Reprimand to suspension for 1 year, and probation for 1
							 year
(2) Practice below acceptable standards with patient
							 harm or risk of patient harm
Suspension for 3 years, without stay for at least 30
							 days, and probation, and conditions
Revocation
Suspension for 3 years, without stay for at least 30
							 days, and probation, to revocation
(3) Practice below acceptable standards with serious
							 physical injury or death of a patient, or a risk of significant physical injury
							 or death
Suspension for 3 years, without stay for at least 90
							 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least 90
							 days, and probation for 3 years, to revocation
J.
				  Sexual Misconduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Unsolicited conduct of a sexual nature excluding
							 physical contact that serves no diagnostic or treatment purpose
Reprimand and conditions
Suspension for 1 year, and probation for 1 year, and
							 conditions
Reprimand to suspension for 1 year, and probation for 1
							 year
(2) A personal relationship that violates professional
							 ethics
Suspension for 1 year, and probation for 1 year, and
							 conditions
Suspension for up to 5 years, and probation for up to 5
							 years, and conditions
Suspension for 1 year, and probation for 1 year, to
							 suspension for up to 5 years, and probation for up to 5 years
(3) Physical contact of a sexual nature that does not
							 include force, intimidation, or the use of drugs, or alcohol, and that serves
							 no diagnostic or treatment purpose
Suspension for 2 years, without stay for at least 90
							 days, and probation for 2 years, and conditions
Suspension for up to 7 years, without stay for at least
							 90 days, and probation for up to 7 years, and conditions
Suspension for 2 years, without stay for at least 90
							 days, and probation for 2 years, to suspension for up to 7 years, without stay
							 for at least 90 days, and probation for up to 7 years
(4) Sexual conduct involving, but not limited to force,
							 intimidation, the use of drugs, or alcohol, or multiple victims
Suspension for 5 years, without stay for at least 1
							 year, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 1
							 year, and probation for 5 years to revocation
K.
				  Substance Abuse.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Misuse of drugs or alcohol without harm to
							 others
Suspension for 2 years and probation for 2 years, and
							 conditions
Suspension for up to 5 years, and probation for up to 5
							 years, and conditions
Suspension for 2 years and probation for 2 years, to
							 suspension for up to 5 years and probation for up to 5 years
(2) Misuse of drugs or alcohol with patient harm or a
							 risk of patient harm
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years to revocation
L.
				  Unauthorized Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Dentist knowingly allows an unauthorized individual
							 to practice outside their scope of practice without patient harm or minimal
							 patient harm
Reprimand and conditions
Suspension for 2 years, and probation for 2 years, and
							 conditions
Reprimand to suspension for 2 years, and probation for
							 2 years
(2) Dentist knowingly allows an unauthorized individual
							 to practice outside their scope of practice with greater than minimal patient
							 harm
Suspension for 5 years, without stay for at least 30
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 30
							 days, and probation for 5 years to revocation
(3) An unauthorized individual practices outside their
							 scope of practice without patient harm or minimal patient harm
Reprimand
Suspension for 2 years, and probation for 2 years, and
							 conditions
Reprimand to suspension for 2 years, and probation for
							 2 years
(4) An unauthorized individual practices outside their
							 scope of practice with greater than minimal patient harm
Suspension for 5 years, without stay for at least 30
							 days, and probation, and conditions
Revocation
Suspension for 5 years, without stay for at least 30
							 days, and probation, to revocation
M.
				  Unprofessional Conduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(1) Unprofessional conduct resulting in no physical or
							 psychological harm
Reprimand and conditions
Suspension for up to 2 years, and probation for up to 2
							 years, and conditions
Reprimand to suspension for up to 2 years, and
							 probation for up to 2 years
(2) Unprofessional conduct resulting in financial
							 injury
Suspension for 3 years, and probation for 3 years, and
							 conditions
Revocation
Suspension for 3 years, and probation for 3 years, to
							 revocation
(3) Unprofessional conduct resulting in physical or
							 psychological harm or a risk of physical or psychological harm
Suspension for 3 years, and probation for 3 years, and
							 conditions
Revocation
Suspension for 3 years, and probation for 3 years, to
							 revocation
(4) Willfully, and without legal justification, fails
							 to cooperate with a lawful investigation conducted by the Board
Suspension for 5 years, without stay for at least 30
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 30
							 days, and probation for 5 years, to revocation
(5) Unprofessional conduct resulting from
							 misrepresentation or fraud
Suspension for 5 years, and probation for 5 years, and
							 conditions
Revocation
Suspension for 5 years, and probation for 5 years, to
							 revocation
(6) Threatens, forces, intimidates, or influences a
							 person to change or withhold evidence before the Board or the office of
							 Administrative Hearings.
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 90
							 days, and probation for 5 years, to revocation
(7) Unprofessional conduct resulting from any violation
							 not provided for in (1)"(6) above
Reprimand
Revocation
Reprimand to revocation