Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.58.09.06 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to the provisions of Regulations .04 and .05 of this chapter, the Board may
				  impose sanctions and penalties for violations of the Act and regulations
				  according to the guidelines set forth in the following chart:
B. Range of Sanctions.
Violation
MaximumSanction
MinimumSanction
MaximumPenalty
MinimumPenalty
(1) Fraudulently or deceptively obtains or attempts to
							 obtain a license or certificate for the applicant, licensee, certificate holder
							 or for another
Revocation or denial of license or certificate
Active suspension for 6 months
$5,000
$1,000
(2) Habitually is intoxicated
Revocation or denial of license or certificate
Active suspension until in treatment and abstinent for
							 6 months
$5,000
$500
(3) Provides professional services:
(a)
							 While under the influence of alcohol; or
(b) While using any
							 narcotic or controlled dangerous substances as defined in Criminal Law Article,
							 §
														5-101, Annotated Code of
							 Maryland, or other drug that is in excess of therapeutic amounts or without
							 valid medical indication
Revocation or denial of license or certificate
Probation for 2 years
$5,000
$250
(4) Aids or abets an unauthorized individual in
							 practicing clinical or nonclinical counseling or therapy or representing to be
							 an alcohol and drug counselor, marriage and family therapist, professional
							 counselor or art therapist
Revocation or denial of license or certificate
Active suspension for 6 months
$5,000
$1,000
(5) Promotes the sale of drugs, devices, appliances, or
							 goods to a patient so as to exploit the patient for financial gain
Revocation or denial of license or certificate
Active suspension for 1 year
$5,000
$1,000
(6) Willfully makes or files a false report or record
							 in the practice of counseling or therapy
Revocation
Probation for 2 years
$5,000
$1,000
(7) Makes a willful misrepresentation while counseling
							 or providing therapy
Revocation
Reprimand
$5,000
$500
(8) Violates the Code of Ethics adopted by the
							 Board
Revocation or Denial of license or certificate
Reprimand
$5,000
$250
(9) Knowingly violates any provision of Health
							 Occupations Article, Title 17, Annotated Code of Maryland
Revocation or Denial of license or certificate
Reprimand
$5,000
$500
(10) Is convicted of or pleads guilty or nolo
							 contendere to a felony or crime involving moral turpitude, whether or not any
							 appeal or other proceeding is pending to have the conviction or plea set
							 aside
Revocation or Denial of license or certificate
Reprimand
$5,000
$500
(11) Incompetent.
(a) Is professionally
							 incompetent
Revocation
Reprimand
$5,000
$100
(b) Is physically or mentally incompetent
Revocation
Reprimand
$5,000
$100
(12) Submits a false statement to collect a fee
Revocation
Reprimand
$5,000
$500
(13) Violates any rule or regulations adopted by the
							 Board
Revocation
Reprimand
$5,000
$100
(14) Is disciplined by a licensing or disciplinary
							 authority of any other state or country or convicted or disciplined by a court
							 of any state or country for an act that would be grounds for disciplinary
							 action under the Board's disciplinary statutes
Revocation
Reprimand
$5,000
$100
(15) 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 or the certificate holder is
							 certified and qualified to render because the individual is HIV positive
Revocation
Reprimand
$5,000
$1,000
(16) Commits an act of immoral or unprofessional
							 conduct in the practice of clinical or nonclinical counseling or therapy
Revocation
Reprimand
$5,000
$100
(17) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §
														5-704, Annotated Code of
							 Maryland
Revocation
Reprimand
$5,000
$100
(18) Fails to cooperate with a lawful investigation
							 conducted by the Board
Revocation
Reprimand
$5,000
$500