Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 27 - BOARD OF NURSING › Chapter 10.27.26 - Sanctioning Guidelines › Section 10.27.26.07 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of this chapter, the Board may
					 impose sanctions for violations of the Maryland Nurse Practice Act and its
					 regulations according to the guidelines set forth in the following
					 categories:
A. Abuse - Physical and
				  Psychological.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Unacceptable behavior directed to an individual,
							 resulting in minimal harm or a risk of harm
Reprimand
Suspension for 3 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $4,000
Certificate Holder
							 $400
(2) Abuse resulting in significant physical or
							 psychological injury
Probation for 3 years
Revocation
Licensee $2,000
Certificate Holder
							 $200
Licensee $5,000
Certificate Holder
							 $500
B.
				  Criminal History.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Convicted of or pleads guilty or nolo contendere to
							 a felony or a crime involving moral turpitude
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
(2) Convicted of or pleads guilty or nolo contendere to
							 a sexual offense
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
C.
				  Disciplined by Another Licensing, Military, or Disciplinary Authority.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
N/A
Licensee or Certificate Holder is disciplined by a
							 licensing, military, or disciplinary authority in this State or in any other
							 state or country or convicted or disciplined by a court in this State or in any
							 other state or country for an act that would be grounds for disciplinary action
							 under the Maryland Board of Nursing's disciplinary statutes
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
D.
				  Diversion of Controlled Substances or Prescription Drugs or Manufacture, Sale,
				  or Distribution of any Substance for an Illegal or Illegitimate Purpose.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Diversion without harm to self or others.
Reprimand
Probation for 5 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $3,000
Certificate Holder
							 $300
(2) Diversion creating risk of harm to self or
							 others.
Probation for 3 years
Suspension for 2 years
Licensee $2,000
Certificate Holder
							 $200
Licensee $3,500
Certificate Holder
							 $350
(3) Diversion with harm to self or others.
Suspension for 3 years
Revocation
Licensee $4,000
Certificate Holder
							 $400
Licensee $5,000
Certificate Holder
							 $500
(4) Manufacture, sale or distribution of any substance
							 for an illegal or illegitimate purpose.
Suspension for 3 years
Revocation
Licensee $4,000
Certificate Holder
							 $400
Licensee $5,000
Certificate Holder
							 $500
N/A
(5) Diversion for purposes of selling to others
Revocation
Revocation
Licensee $5,000
Certificate Holder
							 $500
Licensee $5,000
Certificate Holder
							 $500
E.
				  Noncompliance with Board Orders.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Failure to comply with a Board order
Probation for 3 years
Revocation
Licensee $2,000
Certificate Holder
							 $200
Licensee $5,000
Certificate Holder
							 $500
(2) Failure to comply with a Board order with
							 additional unprofessional conduct
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
(3) Failure to comply with a Board order with serious
							 physical injury or death of an individual, or the risk of significant physical
							 injury or death
Revocation
Revocation
Licensee $5,000
Certificate Holder
							 $500
Licensee $5,000
Certificate Holder
							 $500
F.
				  Practice Inconsistent with Generally Accepted Standards of Care.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Practice inconsistent with generally accepted
							 standards resulting in no risk of harm or practice resulting in a risk of
							 harm
Reprimand
Probation for 5 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $3,000
Certificate Holder
							 $300
(2) Practice inconsistent with generally accepted
							 standards resulting in serious physical injury or death of a client, or a risk
							 of significant physical injury or death
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
(3) Practice inconsistent with generally accepted
							 standards that constitutes gross negligence
Suspension for 1 year
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
G.
				  Sexual Misconduct.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Unsolicited conduct of a sexual nature, including
							 physical contact that serves no diagnostic or treatment purpose
Reprimand
Suspension for 1 year
Licensee $1,000
Certificate Holder
							 $100
Licensee $3,000
Certificate Holder
							 $300
(2) A personal relationship that violates professional
							 ethics
Probation for 1 year
Suspension for 5 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $4,500
Certificate Holder
							 $450
(3) Physical contact of a sexual nature that does not
							 include force, intimidation, the use of drugs, or alcohol, and serves no
							 diagnostic or treatment purpose
Probation for 2 years
Suspension for 7 years
Licensee $1,500
Certificate Holder
							 $150
Licensee $5,000
Certificate Holder
							 $500
(4) Sexual conduct involving, but not limited to force,
							 intimidation, the use of drugs, or alcohol, or multiple victims
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
H.
				  Substance Abuse.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Misuse of drugs, alcohol, or any other substance
							 for an illegal or illegitimate purpose without harm to others
Probation for 2 years
Suspension for 5 years
Licensee $1,500
Certificate Holder
							 $150
Licensee $4,500
Certificate Holder
							 $450
(2) Misuse of drugs, alcohol, or any other substance
							 for an illegal or illegitimate purpose resulting in client harm or risk of
							 client harm
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
I.
				  Unauthorized Practice.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Knowingly allowing an unauthorized individual to
							 practice outside their scope of practice resulting in no client harm, minimal
							 client harm, or greater than minimal client harm
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
(2) Knowingly allowing an unauthorized individual who
							 practices outside their scope of practice resulting in no client harm or
							 minimal client harm
Reprimand
Suspension for 2 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $3,500
Certificate Holder
							 $350
(3) Knowingly allowing an unauthorized individual who
							 practices outside their scope of practice resulting in greater than minimal
							 client harm
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
(4) An unauthorized practice resulting from any
							 violation not provided for in (1)-(3) above
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
J.
				  Unprofessional Conduct.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Unprofessional Conduct resulting in no physical or
							 psychological harm
Reprimand
Suspension for 2 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $3,500
Certificate Holder
							 $350
(2) Failure to report a violation of the Nurse Practice
							 Act
Reprimand
Suspension for 3 years
Licensee $1,000
Certificate Holder
							 $100
Licensee $4,000
Certificate Holder
							 $400
(3) Unprofessional conduct resulting in financial
							 injury
Probation for 3 years
Revocation
Licensee $2,000
Certificate Holder
							 $200
Licensee $5,000
Certificate Holder
							 $500
(4) Unprofessional conduct resulting in physical or
							 psychological harm or a risk of physical or psychological harm
Probation for 3 years
Revocation
Licensee $2,000
Certificate Holder
							 $200
Licensee $5,000
Certificate Holder
							 $500
(5) Failure to cooperate with a lawful investigation
							 conducted by the Board
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
(6) Threatens, forces, intimidates, or influences a
							 person to change or withhold evidence from the Board
Probation for 5 years
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
(7) Unprofessional Conduct resulting from any violation
							 not provided for in (1)-(6) above
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
K.
				  Physical or Mental Incompetence.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
N/A
(1) Is physically incompetent
Suspension for 1 year
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
N/A
(2) Is mentally incompetent
Suspension for 1 year
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
L.
				  Fraud, Deceit, or Misrepresentation.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
Least to Greatest
(1) Fraudulent or deceitful conduct or
							 misrepresentation with minimal or no risk of physical, emotional, or financial
							 harm
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
(2) Fraudulent or deceitful conduct or
							 misrepresentation with physical, emotional, or financial harm or a risk of
							 physical, emotional, or financial harm
Reprimand
Revocation
Licensee $1,000
Certificate Holder
							 $100
Licensee $5,000
Certificate Holder
							 $500
(3) Fraudulent or deceitful conduct or
							 misrepresentation with significant physical, emotional, or financial harm to
							 client or others or serious risk of significant physical, emotional, or
							 individual financial harm
Probation for 1 year
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500
M.
				  Expulsion from Safe Practice Program.
Severity
Tier/Conduct
Sanction Range
Monetary Penalty Range
Minimum
Maximum
Minimum
Maximum
N/A
Is expelled from the Safe Practice Program established
							 under Health Occupations Article, §
														8-208, Annotated
							 Code of Maryland, for failure to comply with the conditions of the
							 program.
Suspension for 1 year
Revocation
Licensee $3,000
Certificate Holder
							 $300
Licensee $5,000
Certificate Holder
							 $500