Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.19 - Sanctioning Guidelines for Perfusionists

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to provisions of Regulation .18A
				  and B of this chapter, the Board may impose sanctions as outlined in §B of
				  this regulation on perfusionists for violations of Health Occupations Article,
				  § 14-5 E-16, Annotated Code of Maryland, or Regulation .14 of this
				  chapter.
B. Range of Sanctions.
Ground
Maximum Sanction
Minimum Sanction
(1) Fraudulently or deceptively obtains or attempts to
							 obtain a license for the applicant or licensee or for another
Revocation
Reprimand with 2 years of probation
(2) Fraudulently or deceptively uses a license
Revocation
Probation
(3) Is guilty of unprofessional or immoral conduct in
							 the practice of perfusion
Revocation
Reprimand
(4) Incompetence
(a) Is professionally
							 incompetent
Revocation
Suspension until professional incompetence is addressed
							 to the Board's satisfaction
(b) Is physically or mentally incompetent
Revocation
Suspension until physical or mental incompetence is
							 addressed to the Board's satisfaction
(5) Abandons a patient
Revocation
Reprimand
(6) Is habitually intoxicated
Revocation
Suspension until professional is in treatment and
							 abstinent for 6 months
(7) Is addicted to, or habitually abuses, any narcotic
							 or controlled dangerous substance as defined in Criminal Law Article, §
														5-101, Annotated Code of
							 Maryland
Revocation
Suspension until professional is in treatment and
							 abstinent for 6 months
(8) Provides professional services while:
(a) Under the influence of alcohol; or
(b) Using any narcotic or
							 controlled dangerous substance as defined in Criminal Law Article, §
														5-101, Annotated Code of
							 Maryland, or any other drug that is in excess of therapeutic amounts or without
							 valid medical indication
Revocation
Suspension until professional is in treatment and
							 abstinent for 6 months
(9) Promotes the sale of services, drugs, devices,
							 appliances, or goods to a patient so as to exploit the patient for financial
							 gain
Revocation
Reprimand
(10) Willfully makes or files a false report or record
							 in the practice of perfusion
Revocation
Reprimand
(11) Willfully fails to file or record any report as
							 required under law, willfully impedes or obstructs the filing or recording of
							 the report, or induces another to fail to file or record the report
Revocation
Reprimand
(12) Breaches patient confidentiality
Revocation
Reprimand
(13) Pays or agrees to pay any sum or provide any form
							 of remuneration or material benefit to any individual for bringing or referring
							 a patient or accepts or agrees to accept any sum or any form of remuneration or
							 material benefit from an individual for bringing or referring a patient
Revocation
Reprimand
(14) Knowingly makes a misrepresentation while
							 practicing perfusion
Revocation
Reprimand
(15) Knowingly practices perfusion with an unauthorized
							 individual or aids an unauthorized individual in the practice of perfusion
Revocation
Reprimand
(16) Knowingly delegates a perfusion duty to an
							 unlicensed individual
Revocation
Reprimand
(17) Offers, undertakes, or agrees to cure or treat
							 disease by a secret method, treatment, or medicine
Revocation
Reprimand
(18) Is disciplined by a licensing or disciplinary
							 authority or is convicted or disciplined by a court of any state or country or
							 is disciplined by any branch of the United States uniformed services or the
							 Veterans Administration for an act that would be grounds for disciplinary
							 action under this section
Penalty comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
							 licensing authority if this is less than the Board sanction would be
(19) Fails to meet appropriate standards for the
							 delivery of perfusion services
Revocation
Reprimand
(20) Knowingly submits false statements to collect fees
							 for which services have not been provided
Revocation
Reprimand
(21) Has been subject to investigation or disciplinary
							 action by a licensing or disciplinary authority or by a court of any state or
							 country for an act that would be grounds for disciplinary action under the
							 Board's disciplinary statutes; and has:
(a) Surrendered the
							 license, if any, issued by the state or country; or
(b) Allowed
							 the license, if any, issued by the state or country to expire or lapse
Penalty comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
							 licensing authority if this is less than the Board sanction would be
(22) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §
														5-704, Annotated Code of
							 Maryland
Revocation
Reprimand
(23) Sells, prescribes, gives away, or administers
							 drugs for illegal or illegitimate medical purposes
Revocation
Reprimand and 3 years of probation with practice
							 oversight
(24) Practices or attempts to practice beyond the
							 authorized scope of practice
Revocation
Suspension for 3 months
(25) Is convicted or pleads nolo contendere to a felony
							 or to a crime involving moral turpitude, whether or not any appeal or other
							 proceeding is pending to have the conviction or plea set aside
Revocation
Suspension for 3 months
(26) 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 to render because the individual
							 is HIV positive
Suspension for 1 year
Reprimand
(27) Practices or attempts to practice a perfusion
							 procedure or uses or attempts to use perfusion equipment if the applicant or
							 licensee has not received education and training in the performance of the
							 procedure or the use of the equipment
Revocation
Suspension for 3 months
(28) Fails to cooperate with a lawful investigation
							 conducted by the Board
Revocation
Reprimand