Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.09 - Sanctioning and Imposition of Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Application of Sanctioning
				  Guidelines.
(1) Sections A and B of this
				  regulation and Regulation .10 of this chapter do not apply to offenses for
				  which a mandatory sanction is set by statute or regulation.
(2) Except as provided in §B of this
				  regulation, for violations of Health Occupations Article, §§
											14-404(a),
				  14-504 and
				  1-302, Annotated
				  Code of Maryland, the disciplinary panel shall impose a sanction not less
				  severe than the minimum listed in the sanctioning guidelines nor more severe
				  than the maximum listed in the sanctioning guidelines for each
				  offense.
(3) Ranking of Sanctions.
(a) For the purposes of this regulation, the
				  severity of sanctions is ranked as follows, from the least severe to the most
				  severe:
(i) Reprimand;
(ii) Probation;
(iii) Suspension; and
(iv) Revocation.
(b) A stayed suspension in which the stay is
				  conditioned on the completion of certain requirements is ranked as
				  probation.
(c) A stayed suspension
				  not meeting the criteria for §A(3)(b) of this regulation is ranked as a
				  reprimand.
(d) A fine listed in the
				  sanctioning guidelines may be imposed in addition to but not as a substitute
				  for a sanction.
(e) The addition of
				  a fine does not change the ranking of the severity of the sanction.
(4) The disciplinary panel may
				  impose more than one sanction, provided that the most severe sanction neither
				  exceeds the maximum nor is less than the minimum sanction permitted in the
				  chart.
(5) Any sanction may be
				  accompanied by conditions reasonably related to the offense or to the
				  rehabilitation of the offender. The inclusion of conditions does not change the
				  ranking of the sanction.
(6) If a
				  licensee has violated more than one ground for discipline as set out in the
				  sanctioning guidelines:
(a) The sanction with
				  the highest severity ranking should be used to determine which ground will be
				  used in developing a sanction; and
(b) The disciplinary panel may impose
				  concurrent sanctions based on other grounds violated.
(7) Notwithstanding the sanctioning
				  guidelines set forth in Regulation .10 of this chapter, in order to resolve a
				  pending disciplinary action, the disciplinary panel and the licensee may agree
				  to a surrender of license or a consent order with terms, sanction, and fine
				  agreed to by the disciplinary panel, the administrative prosecutor, and the
				  licensee.
(8) Depending on the
				  facts and circumstances of each case, and to the extent that the facts and
				  circumstances apply, the disciplinary panel may consider the aggravating and
				  mitigating factors set out in §B(5) and (6) of this regulation and may in
				  its discretion determine, based on those factors, that an exception should be
				  made and that the sanction in a particular case should fall outside the range
				  of sanctions listed in the sanctioning guidelines.
(9) If the disciplinary panel imposes a
				  sanction that departs from the sanctioning guidelines set forth in Regulation
				  .10 of this chapter, the disciplinary panel shall state its reasons for doing
				  so in its final decision and order.