reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.03 - Code of Ethical Practices › Section 10.56.03.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of Regulations .02-.04 of this chapter may result
					 in the Board taking action to reprimand a licensee, place the licensee on
					 probation, or suspend or revoke the licensee's license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to all formal hearings before the
					 State Board of Dietetic Practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.02 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written
				  notice of a hearing shall be sent by the Board to all interested parties at
				  least 30 days before the hearing. The notice shall state the:
(1) Date, time, and place of the
				  hearing;
(2) Issues or charges
				  involved in the proceeding, provided, however, that if by reason of the nature
				  of the proceeding, the issues cannot be fully stated in advance of the hearing,
				  or if subsequent amendment of the issues is necessary, they shall be fully
				  stated as soon as practicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.03 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Each party appearing at formal hearings shall have the
					 right to appear in proper person or by or with counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.04 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Discovery.
(1) Discovery on Request. By
				  written request served on the other party and filed with the Board or the
				  Office of Administrative Hearings, as appropriate, a party may require another
				  party to produce, within 15 days, the following:
(a) A list of witnesses to be
				  called;
(b) Copies of documents
				  intended to be produced at the hearing; or
(c) Both §A(1)(a) and (b) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.05 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board
				  Majority. Each hearing shall be held before not less than a quorum of the Board
				  unless the hearing authority is delegated pursuant to State Government Article,
				  §
										10-207, Annotated
				  Code of Maryland. A delegation of authority shall be subject to the provisions
				  of State Government Article, §
										10-212, Annotated
				  Code of Maryland. Board action shall be by majority vote of those Board members
				  present at the hearing.
B. Duties
				  of Presiding Officer.
(1) The Chairman, or in
				  the Chairman's absence a member designated by the Chairman, shall be the
				  presiding officer, or if in a delegated hearing, a hearing examiner shall be
				  the presiding officer.
(2) The
				  presiding officer shall:
(a) Have complete
				  charge of the hearing;
(b) Permit
				  the examination of witnesses;
(c)
				  Admit evidence;
(d) Rule on the
				  admissibility of evidence; and
(e)
				  Adjourn or recess the hearing from time to time.
(3) The presiding officer may set reasonable
				  time limits on arguments and presentation of evidence.
(4) The presiding officer shall be
				  responsible for decorum in hearings and can suspend the proceedings as
				  necessary to maintain decorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.06 - Records and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall prepare an official record, which shall include all pleadings,
				  testimonies, exhibits, and other memoranda or material filed in the
				  proceeding.
B. A stenographic
				  record of the proceedings shall be made at the expense of the Board. This
				  record need not be transcribed unless requested by a party or by the Board. The
				  cost of any typewritten transcripts of any proceedings or part of them shall be
				  paid by the party requesting the transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.07 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  decision and order rendered by the Board shall be in writing and shall be
				  accompanied by findings of fact and conclusions of law.
B. A copy of the decision and order and
				  accompanying findings and conclusions shall be delivered or mailed promptly to
				  each party or attorney of record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on him of the decision and order.
B. An order of the Board may not be stayed
				  pending review.
C. The Board may
				  consider facts not presented in the original hearing, including facts arising
				  after the date of the original hearing, and may by new order abrogate, change,
				  or modify its original order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.04 - Hearing Procedures › Section 10.56.04.09 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A person whose license has been revoked or suspended by the
					 Board, or any person placed on probation or reprimand under the regulations in
					 this chapter, may appeal the Board's decision as provided by
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These
				  regulations establish continuing education requirements for licensed dietitians
				  and licensed nutritionists in the State of Maryland.
B. The objectives of these regulations are
				  the:
(1) Maintenance of professional
				  competency; and
(2) Improvement of
				  professional skills.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Continuing education" means additional
				  professional education by means of academic course work, seminars, lectures,
				  journal clubs, skills development, professional reading, independent learning,
				  study groups, publications, research, professional presentations, case
				  presentations, exhibits, posters, advanced certifications, and professional
				  leadership or other forms of continuing professional education approved by the
				  Board.
(2) "Continuing education
				  unit" means a licensee's participation for 1 hour in an approved continuing
				  education experience.
(3) "Renewal
				  date" means the date upon which the license expires, as specified in the notice
				  sent to the licensee by the Board in accordance with Health Occupations
				  Article, §
											5-308(b),
				  Annotated Code of Maryland.
(4)
				  "Renewal period" means the 2-year period immediately before the renewal
				  date.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.03 - Conditions of Licensure Renewal; Continuing Education Units Required

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall renew a license for an additional 2-year
					 period if the licensee:
A. Otherwise
				  is entitled to be licensed as set forth in COMAR 10.56.02;
B. Pays to the Board the renewal fee as set
				  forth in COMAR 10.56.02; and
C.
				  Submits to the Board:
(1) A renewal
				  application on the form that the Board requires, and
(2) Satisfactory evidence of having
				  completed, within the 2-year period before the renewal date, a minimum of 30
				  continuing education units approved by the Board or sponsored by, but not
				  limited to, the following organizations:
(a)
				  The Commission on Dietetic Registration, including approved Commission on
				  Dietetic Registration Continuing Professional Education Providers;
(b) The Certification Board for Nutrition
				  Specialists;
(c) The American
				  College of Nutrition;
(d) American
				  Society for Nutrition;
(e) The
				  Accreditation Council for Continuing Medical Education;
(f) The Accreditation Council for
				  Pharmaceutical Education;
(g)
				  American Osteopathic Association;
(h) The Red Cross;
(i) United States Department of Agriculture,
				  including, but not limited to, Agricultural Research Services;
(j) National Institutes of Health;
(k) Food and Drug Administration;
(l) Accredited colleges and
				  universities;
(m) Accredited
				  hospitals as defined in Health-General Article, §19-301, Annotated Code of
				  Maryland; or
(n) The Maryland
				  Department of Health.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.04 - Qualifying Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The licensee shall complete continuing education units relating to the practice
				  of dietetics that foster improvement, advancement, and extension of the
				  licensee's professional skill and knowledge relating to the practice of
				  dietetics.
B. Continuing education
				  may include the categories listed in §§C-J of this regulation per
				  each licensure renewal period.
C.
				  Category 1-Academic Course Work.
(1) In this
				  category, continuing education may include:
(a) Graduate level academic course work from
				  an accredited institution as defined in COMAR
				  10.56.01.02B(1)
				  that will assist a licensee to carry out the licensee's professional
				  responsibilities; and
(b) Not more
				  than 15 hours of undergraduate course work that will assist a licensee to carry
				  out the licensee's professional responsibilities, including but not limited to:
(i) Management courses;
(ii) Foreign language training for
				  translators of relevant texts; or
(iii) Educational methodology for teachers of
				  dietetic practice and nutrition.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.05 - Obtaining Board Approval for Continuing Education Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. To obtain
				  approval by the Board of programs and activities qualifying for continuing
				  education units, the program's sponsor or the licensee shall complete and
				  submit the appropriate form, along with any required supporting documentation,
				  to the Board at the appropriate time as provided in this chapter.
B. The required supporting documentation in
				  §A of this regulation includes the following:
(1) For a program attended, signed
				  certification by a program leader or instructor of the licensee's credit hours
				  of participation in the program by certificate, letter on letterhead stationery
				  of the sponsoring agency, or official continuing education validation form of
				  the sponsoring agency;
(2) For
				  publications, a copy of the title page and table of contents of a book or
				  monograph, or a copy of a journal article;
(3) For completion of academic course work
				  from an accredited institution as defined in COMAR
				  10.56.01.02B(1),
				  an official transcript indicating that the course was taken and completed;
				  and
(4) For a presentation, a copy
				  of the text of the presentation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.06 - Waiver of Documentation of Continuing Education Units

Current through Register Vol. 51, No. 14, July 12, 2024
If the Board determines that an applicant for licensure
					 could not reasonably have anticipated the need for documentation of continuing
					 education units at the time the work was completed, the Board may, in its
					 discretion, consider any evidence produced by the applicant to substantiate
					 that he has satisfied the requirements of Regulation .03 of this
					 chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.07 - Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall place an active licensee on inactive status if the licensee:
(1) Submits to the Board an application for
				  inactive status on the form required by the Board; and
(2) Pays to the Board the inactive status fee
				  set by the Board under COMAR 10.56.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.05 - Continuing Education › Section 10.56.05.08 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 1 Year of
				  Failed Renewal.
(1) Within 1 calendar year
				  after the renewal date, the Board shall reinstate the license of a dietitian or
				  nutritionist whose license was not renewed due to failure to complete
				  continuing education requirements, if the dietitian or nutritionist completes
				  within that year all or the remaining balance of 30 continuing education units
				  required during the prior renewal period.
(2) Continuing education units applied to
				  reinstate are not counted again toward meeting the continuing education
				  requirement of the renewal period in which the continuing education units are
				  taken.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.06 - Compelling Purpose Disclosure › Section 10.56.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  permits the Board of Dietetic Practice to disclose investigative information to
				  other agencies, or other entities, or both, under certain
				  circumstances.
B. A custodian may
				  disclosure information in a certification, licensing, or investigative file if
				  the custodian determines that a compelling public purpose exists to warrant
				  disclosure.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.06 - Compelling Purpose Disclosure › Section 10.56.06.02 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian may find that a compelling public purpose
					 warrants disclosure of information in a certification, licensing, or
					 investigative file, whether or not there has been a request for the
					 information, under the following circumstances:
A. The information concerns possible criminal
				  activity and is disclosed to a federal, state, or local law enforcement or
				  prosecutorial official or authority;
B. The information concerns a possible
				  regulatory violation and is disclosed to a federal, state, or local regulatory
				  authority which has jurisdiction over the individual whose conduct may be a
				  violation and the information disclosed is limited to the possible regulatory
				  violation by that individual; or
C.
				  The information concerns conduct by an individual which the custodian
				  reasonably believes may pose a risk to the public health, safety, or welfare
				  and is disclosed to a law enforcement authority, administrative official, or
				  agency which regulates the individual, or to a hospital or other health care
				  facility where the individual has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.06 - Compelling Purpose Disclosure › Section 10.56.06.03 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prevent or limit the ability of the
					 Board to disclose general licensing information as provided in State Government
					 Article, §
										10-617(h),
					 Annotated Code of Maryland, or any information which the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.07 - Advertising › Section 10.56.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs advertising by licensed dietitians and
					 licensed nutritionists in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.07 - Advertising › Section 10.56.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Advertising" means using any medium to
				  call to the attention of the public the services one has to offer.
(2) "Board" means the State Board of Dietetic
				  Practice.
(3) "Dietitian or
				  nutritionist" means an individual who holds a current license to practice
				  dietetics in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.07 - Advertising › Section 10.56.07.03 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dietitian or
				  nutritionist may advertise dietetic services under the provisions of this
				  chapter.
B. An advertisement shall
				  include the following:
(1) Name of
				  licensee;
(2) Address or telephone
				  number of practicing location; and
(3) Type of license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.07 - Advertising › Section 10.56.07.04 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dietitian or
				  nutritionist may not engage in solicitation, including but not limited to,
				  in-person, telephone, electronic media, or direct mail solicitation which:
(1) Is fraudulent, overreaching,
				  intimidating, or exerts undue influence; or
(2) Contains statements which would be
				  improper under Regulation .03C of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.07 - Advertising › Section 10.56.07.05 - Penalties for Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A violation of this chapter pertaining to the use of
					 advertising shall constitute unprofessional conduct and may result in
					 disciplinary action against the dietitian or nutritionist under Health
					 Occupations Article, §
										5-311, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.08 - Tax Compliance Regulations › Section 10.56.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Dietetic
				  Practice.
(2) "Delinquent" means
				  the failure by a licensee to pay all undisputed taxes and unemployment
				  insurance contributions, as determined by the Office of the Comptroller or the
				  Secretary of Labor, Licensing, and Regulation, that are payable to the Office
				  of the Comptroller or the Secretary of Labor, Licensing, and Regulation in a
				  manner satisfactory to the unit of the State responsible for collection of the
				  payment.
(3) "Renewal license"
				  means any license granted by the Board for the period immediately after a
				  period for which the individual previously possessed the same or a
				  substantially similar license.
(4)
				  "Verification" means a written or electronic notification created by the unit
				  of the State responsible for collection of taxes or unemployment insurance
				  contributions attesting that the renewal applicant is no longer
				  delinquent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.08 - Tax Compliance Regulations › Section 10.56.08.02 - Outstanding Taxes or Unemployment Insurance Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a renewal applicant has been
				  identified as delinquent by the Office of the Comptroller or the Department of
				  Labor, Licensing, and Regulation, the Board shall issue a written notice to the
				  renewal applicant stating that:
(1) The
				  renewal applicant has been identified by the Office of the Comptroller or the
				  Department of Labor, Licensing, and Regulation as delinquent in the payment of
				  taxes or unemployment insurance contributions as applicable; and
(2) The renewal license will be withheld
				  until verification is received by the Board from the unit of the State
				  responsible for collection of taxes or unemployment insurance
				  contributions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the standards by which the Board
					 may impose a disciplinary sanction, civil fine, or administrative monetary
					 penalty, not to exceed:
A. $5,000, on
				  an individual licensed under Health Occupations Article, Title 5, Annotated
				  Code of Maryland, for an act or omission prohibited under Health Occupations
				  Article, §
										5-311, Annotated
				  Code of Maryland; or
B. $50,000 on
				  an individual who violates Health Occupations Article, §
										5-401 or
				  5-402, Annotated
				  of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the State Board of Dietetic
				  Practice.
(2) Civil fine" means a
				  monetary fine imposed by the Board in accordance with Health Occupations
				  Article, §
											5-403, Annotated
				  Code of Maryland.
(3) "Licensee"
				  means an individual licensed by the Board to practice dietetics.
(4) "Penalty" means monetary
				  penalty.
(5) "Sanction" means a
				  disciplinary action reprimanding, restricting, suspending or revoking a
				  licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.03 - Imposition of a Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a
				  hearing under Health Occupations Article, §
										5-312, Annotated
				  Code of Maryland, and COMAR 10.56.04, and subject to the guidelines set forth
				  in Regulation .05 of this chapter, the Board may discipline a licensee or
				  impose an administrative monetary penalty of $5,000 or less on a licensee who
				  is found to have committed a violation of Health Occupations Article, Title 5,
				  Annotated Code of Maryland, and this subtitle.
B. The Board may impose a penalty under
				  §A of this regulation:
(1) In addition
				  to suspension or revocation of a license; or
(2) Instead of suspension of a
				  license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.04 - Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction or Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
Depending on the facts and circumstances of each case, and
					 to the extent that they apply, the Board may consider the following aggravating
					 and mitigating factors in determining whether the sanction in a particular case
					 should fall outside the range of sanctions established by the guidelines. These
					 factors may include, but are not limited to, the following:
A. Mitigating factors:
(1) The licensee's lack of a prior
				  disciplinary record;
(2) The
				  licensee self-reported the violation to the board;
(3) The licensee's full and voluntary
				  admissions of misconduct to the board and cooperation during board
				  proceedings;
(4) The licensee
				  implemented remedial measures to correct or mitigate harm arising from the
				  misconduct;
(5) The licensee made
				  timely good-faith effort to make restitution or to rectify the consequences of
				  the misconduct;
(6) Evidence of
				  rehabilitation or rehabilitative potential;
(7) Absence of premeditation to commit the
				  misconduct;
(8) Absence of
				  potential harm to public or adverse impact;
(9) The licensee's conduct was an isolated
				  incident and not likely to recur; and
(10) The licensee's prior community service
				  and present value to the community; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.05 - Guidelines for Disciplinary Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the provisions of this section,
				  the Board may impose the following sanctions and penalties for violations of
				  the Maryland Licensed Dietitian-Nutritionists Act and its regulations according
				  to the minimum and maximum sanctions and penalties set forth as follows:
Violation
Minimum Sanction
Maximum Sanction
(1) Continuing education
Reprimand
Active suspension for 1 year and $1,000 fine
(2) Criminal convictions or pleads nolo contendre
Reprimand
Revocation and $5,000 fine
(3) Noncompliance with previous Board order
Reprimand
Active suspension for 2 years and $5,000 fine
(4) Fails to meet accepted standards of practice
Reprimand
Revocation and $5,000 fine
(5) Impairment (mentally, physically, or through the
							 use of drugs or alcohol)
Probation
Denial of a license application or revocation and
							 $5,000 fine
(6) Fraud
Reprimand
Denial of a license application or revocation and
							 $5,000 fine
(7) Reciprocal discipline
Reprimand
Denial of a license application or revocation and
							 $5,000 fine
(8) Sexual misconduct
Active suspension for 1 year
Revocation and $5,000 fine
(9) Unprofessional conduct in the practice of
							 dietetics
Reprimand
Revocation and $5,000 fine
(10) Aiding the unauthorized practice of dietetics
Reprimand
Active suspension for 1 year and $1,000 fine
(11) Performing the unauthorized practice of
							 dietetics
$0
$5,000 fine
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this chapter, the ranges with the maximum sanction and the range with the
				  maximum penalty associated with those categories shall be applied.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.06 - Payment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee or unlicensed individual shall pay to the Board a penalty or civil
				  fine imposed under this chapter by the date the Board's order is issued, unless
				  the Board's order specifies otherwise.
B. Filing an appeal under State Government
				  Article, §
										10-222, Annotated
				  Code of Maryland, or Health Occupations Article, §
										5-313, Annotated
				  Code of Maryland, does not automatically stay payment of a penalty or civil
				  fine imposed by the Board under this chapter.
C. If a licensee fails to pay, in whole or in
				  part, a penalty imposed by the Board under this chapter, the Board may not
				  restore, reinstate, or renew a license until the penalty has been paid in
				  full.
D. The Board may refer all
				  cases of delinquent payment to the Central Collection Unit of the Department of
				  Budget and Management to institute and maintain proceedings to ensure prompt
				  payment.
E. The Board shall pay all
				  monies collected under this chapter into the State's General Fund.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.56.09.07 - Civil Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  may impose a civil fine of no less than $1,000 and no more than $50,000 against
				  an individual who:
(1) Practices dietetics
				  without a license in violation of Health Occupations Article, §
											5-401, Annotated
				  Code of Maryland; or
(2)
				  Misrepresents or implies to the public by use of the protected titles in
				  violation of Health Occupations Article, §
											5-402, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of dietetics using telehealth as an adjunct to, or
				  replacement for, in-person patient visits.
B. Nothing in this chapter restricts or
				  limits reimbursement requirements pursuant to the Health-General Article and
				  Insurance Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Asynchronous" means not occurring in
				  real time.
(2) "Board" means the
				  Maryland Board of Dietetic Practice.
(3) "In-person" means within the physical
				  presence of the patient.
(4)
				  "Synchronous" means occurring in real time.
(5) "Telehealth" has the meaning stated in
				  Health Occupations Article, §
											1-1001, Annotated
				  Code of Maryland.
(6) "Telehealth
				  practitioner" means a Maryland licensed dietician performing telehealth
				  services within their respective scope of
				  practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 §
										5-301, Annotated
					 Code of Maryland, a telehealth practitioner shall be licensed in Maryland when
					 providing telehealth services to a patient located in the
					 State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.04 - Standards of Practice for Telehealth

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  providing telehealth services, a telehealth practitioner shall develop and
				  follow a procedure to:
(1) Verify the
				  identification of the patient receiving telehealth services through use of:
(a) A government-issued photograph
				  identification;
(b) An insurance,
				  Medicaid, or Medicare card; or
(c)
				  Documentation of the patient's:
(i) Date of
				  birth; and
(ii) Home
				  address;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.05 - Patient Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dietician
				  who practices telehealth shall:
(1) Perform a
				  synchronous or asynchronous clinical patient evaluation that is appropriate for
				  the patient and the condition with which the patient presents before providing
				  a treatment plan through telehealth; and
(2) If clinically appropriate for the
				  patient, provide or refer a patient to:
(a)
				  In-person treatment; or
(b) Another
				  type of telehealth service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.10 - Teletherapy › Section 10.56.10.06 - Telehealth Practitioner Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall use the same standards of evaluating and investigating a complaint about
				  and in disciplining a telehealth practitioner who practices telehealth as it
				  would use for a licensee who does not use telehealth technology in the
				  licensee's practice.
B. The failure
				  of a telehealth practitioner to comply with this chapter shall constitute
				  unprofessional conduct and may be subject to disciplinary action by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.01 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order
				  to obtain a certificate as a residential child care program administrator, the
				  applicant shall submit to the Board:
(1) An
				  application on the form provided by the Board;
(2) The application fee set forth in COMAR
				  10.57.07;
(3) Independent written
				  verification from the applicant's employer or employers describing the nature
				  and duration of the applicant's experience in the human service
				  field;
(4) A certified copy of a
				  transcript with a school seal from an accredited college or university to
				  document the receipt of a baccalaureate or master's degree; and
(5) Evidence that the applicant:
(a) Is of good moral character;
(b) Has completed a State and national
				  criminal history records check;
(c)
				  Unless waived in accordance with Health Occupations Article, §
												20-303(d),
				  Annotated Code of Maryland, has submitted to a child protective services
				  background clearance;
(d) Meets
				  the requirements of Regulations .02 and .03 of this chapter;
(e) Is 21 years old or older; and
(f) Is responsible for the day-to-day
				  management and operation of a residential child care program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.02 - Academic and Experience Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Degrees and Experience. For certification
				  as a certified program administrator, an applicant shall submit proof of one of
				  the following to the Board:
(1) Receipt of a
				  baccalaureate degree from an accredited college or university and 4 years
				  experience in the human service field with at least 3 years in a supervisory or
				  administrative capacity; or
(2)
				  Receipt of a master's degree from an accredited college or university and 2
				  years experience in the human service field with at least 1 year in a
				  supervisory or administrative capacity.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.03 - Examination Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  waived by the Board as provided in §D of this regulation, an applicant
				  shall pass a Board-approved written examination before certification.
B. A minimum passing score of 75 percent is
				  required on the examination.
C. In
				  order to qualify for certification, an applicant shall pass the examination
				  within 3 years of the first time the applicant takes the examination.
D. Waiver of Examination. The Board may waive
				  the examination requirement for an applicant who:
(1) Pays the application fee as provided in
				  COMAR 10.57.07;
(2) Is certified as
				  a program administrator in any other state that the Board determines has a
				  comparable certification process; and
(3) Provides adequate evidence that:
(a) At the time the applicant was certified
				  in the other state, the applicant was qualified to take the examination that
				  then was required by the laws of this State;
(b) The applicant qualified for a certificate
				  in the other state by passing an examination given in that or any other
				  state;
(c) The applicant has
				  completed a State and national criminal history records check; and
(d) Unless waived by the Board in accordance
				  with Health Occupations Article, §
												20-303(d),
				  Annotated Code of Maryland, the applicant has submitted to a child protective
				  services background clearance.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.04 - Action on Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Criminal History Record Information.
(1) Upon
				  receipt of an applicant's criminal history records information in accordance
				  with Health Occupations Article, §
											20-303, Annotated
				  Code of Maryland, the Board shall consider the following factors in determining
				  whether to grant a certificate:
(a) The age
				  at which the crime was committed;
(b) The circumstances surrounding the
				  crime;
(c) The length of time that
				  has passed since the crime;
(d)
				  Subsequent work history;
(e)
				  Employment and character references; and
(f) Other evidence that demonstrates whether
				  the applicant poses a threat to the public health or safety.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.05 - Expiration and Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  the Board suspends or revokes the certificate, the certification is effective
				  for at least 2 years from the date issued and authorizes the individual to
				  administer a residential child care program.
B. At least 1 month before the certificate
				  expires, the Board shall send to the certified program administrator, by
				  electronic means or first class mail to the last known electronic or physical
				  address, a renewal notice that states:
(1)
				  The date on which the current certificate expires;
(2) The date by which the renewal application
				  shall be received by the Board for the renewal to be issued; and
(3) The amount of the renewal fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.06 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  reinstate the certificate of a program administrator who has failed to renew
				  the certificate for any reason, if the individual:
(1) Has not had the certificate suspended or
				  revoked;
(2) Meets the renewal
				  requirements in Regulation .05 of this chapter;
(3) Pays to the Board the reinstatement fee
				  set by the Board;
(4) Submits to
				  the Board:
(a) 40 continuing education units
				  taken within the last 2 years;
(b)
				  Evidence of having submitted to a State and national criminal history records
				  check conducted by the Central Repository; and
(c) Unless waived by the Board in accordance
				  with Health Occupations Article, §
												20-311(c),
				  Annotated Code of Maryland, evidence of application for a child protective
				  services background clearance; and
(5) Applies to the Board for reinstatement of
				  the certificate within 5 years after the certificate expires.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.07 - Duplicate Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall issue a duplicate certificate to the
					 certificate holder if:
A. The
				  certificate holder has a change of name and does the following:
(1) Makes the request to the Board in writing
				  on the form provided by the Board;
(2) Provides appropriate legal documentation
				  of the change;
(3) Pays the fee as
				  specified in COMAR 10.57.07; and
(4) Surrenders the current certificate;
				  or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.08 - Resignation, Removal, or Death of a Program Administrator

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a program administrator resigns or is
				  removed from a position as a program administrator by death or for any other
				  unexpected cause, the residential child care program's Chief Administrator or
				  other appropriate program authority shall immediately designate a certified
				  program administrator to serve in that capacity.
B. In the event a certified program
				  administrator is not available, the residential child care program's Chief
				  Administrator or other appropriate program authority may appoint a noncertified
				  individual to serve in the capacity of acting program administrator for a
				  period not exceeding 90 days if the individual:
(1) Is approved by the Board; and
(2) Meets the minimum qualifications for a
				  program administrator as set forth in COMAR 10.57.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.02 - Certification - Residential Child Care Program Administrators › Section 10.57.02.09 - Display of Certificate and Renewal Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
An individual certified as a residential child care program
					 administrator shall display an original certificate and certificate card, or
					 certificate renewal card in a conspicuous place in the office or place of
					 business or employment of the program administrator.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.01 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order
				  to obtain a certificate as a residential child and youth care practitioner, the
				  applicant shall submit to the Board:
(1) An
				  application on the form provided by the Board;
(2) The application fee set forth in COMAR
				  10.57.07; and
(3) Evidence the
				  applicant:
(a) Meets the academic and
				  experience requirements set forth in Regulation .02 of this chapter;
(b) Is of good moral character;
(c) Has completed a State and national
				  criminal history records check;
(d) Unless waived by the Board in accordance
				  with Health Occupations Article, §
												20-303(d),
				  Annotated Code of Maryland, has a child protective services background
				  clearance; and
(e) Has completed
				  the process for certification under one of the tiers outlined in Regulation .10
				  of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.02 - Academic and Experience

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Academic Experience. For certification as a certified residential child and
				  youth care practitioner, an applicant shall submit the following documents to
				  the Board:
(1) A copy of a high school
				  diploma or equivalent;
(2) Evidence
				  of at least 2 years experience in the health and human services field;
				  and
(3) Either:
(a) Successful completion of an approved
				  residential child and youth care practitioner training program; or
(b) Official transcripts of an associate's or
				  bachelor's degree from an accredited college or university.