Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.12 - Grounds for Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the hearing provisions Health Occupations
					 Article, §
										14-405, Annotated
					 Code of Maryland, the Board, on the affirmative vote of a majority of its
					 members then serving as a quorum of the Board, may deny a license to any
					 applicant, or a disciplinary panel, on the affirmative vote of a majority of a
					 quorum of the disciplinary panel, may reprimand any licensee, place any
					 licensee on probation, or suspend or revoke a license of any licensee if the
					 applicant or licensee:
A. Is
				  habitually intoxicated, or is addicted to or habitually abuses any narcotic or
				  controlled dangerous substance, as defined in Criminal Law Article, §
										5-101, Annotated Code of
				  Maryland, or any drug without a valid prescription or indication, or provides
				  professional services while under the influence of alcohol or using any
				  narcotic or controlled dangerous substance, as defined in Criminal Law Article,
				  §
										5-101, Annotated Code of
				  Maryland;
B. Has been found to be
				  mentally incompetent by a physician if the mental incompetence impairs the
				  ability of the applicant or licensee to undertake the practice of naturopathic
				  medicine in a manner consistent with the safety of the public;
C. Has entered into a consent agreement with
				  or has been assessed an administrative penalty by a licensing authority in
				  another state;
D. Fraudulently or
				  deceptively obtains, or attempts to obtain, or uses a license for the
				  applicant, the licensee, or another;
E. Has a license revoked or suspended, or was
				  otherwise acted against, including the denial of licensure, by the licensing
				  authority of another state;
F. Uses
				  false, deceptive, or misleading advertising;
G. Advertises, practices, or attempts to
				  practice under a name other than the applicant's or licensee's own
				  name;
H. Aids, assists, employs, or
				  advises any unlicensed individual to practice naturopathic medicine;
I. Willfully makes or files a false report or
				  record in the practice of naturopathic medicine;
J. Willfully or negligently fails to file a
				  report or record as required by law, willfully impedes or obstructs the filing
				  or recording of a report, or induces another to fail to file or record a
				  report;
K. Pays or receives any
				  commission, bonus, kickback, or rebate, or engages in any split-fee arrangement
				  in any form with a licensed physician, organization, agency, or other person,
				  either directly or indirectly, for patients referred to health care
				  providers;
L. Exercises influence
				  within a patient-doctor relationship for purposes of engaging a patient in
				  sexual activity;
M. Engages in
				  sexual misconduct with a patient;
N. Fails to keep written medical records
				  justifying the course of treatment of a patient;
O. Engages in an act or omission that does
				  not meet generally accepted standards of practice of naturopathic medicine or
				  of safe care of patients, whether or not actual injury to a patient is
				  established;
P. Delegates
				  professional responsibilities to an individual when the licensee delegating the
				  responsibilities knows or has reason to know that the individual is not
				  qualified by training, experience, or licensure to perform the
				  responsibilities;
Q. Promotes the
				  sale of services, drugs, devices, appliances, or goods to a patient so as to
				  exploit the patient for financial gain;
R. Breaches patient
				  confidentiality;
S. Is guilty of
				  unprofessional or immoral conduct in the practice of naturopathic
				  medicine;
T. Offers, undertakes, or
				  agrees to cure or treat a disease by a secret method, treatment, or
				  medicine;
U. Knowingly fails to
				  report suspected child abuse in violation of §
										5-704 of the Family Law
				  Article;
V. Sells, prescribes,
				  gives away, or administers drugs for illegal or illegitimate
				  purposes;
W. 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;
X. Fails to cooperate with a lawful
				  investigation of the Board;
Y.
				  Abandons a patient; or
Z. Violates
				  any provision of this title or this chapter.