Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.10 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.38.10.04 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				  provisions of this chapter, the Board may impose the following sanctions and,
				  if appropriate, penalties for violations of the Act and its regulations
				  according to the minimum and maximum sanctions and penalties set forth in the
				  following categories:
Violation
Minimum Sanction
Maximum Sanction
Minimum Penalty
Maximum Penalty
(1)
Continuing education violation
Reprimand
Active suspension for 1 year
$100
$1000
(2)
Criminally convicted of, or pled guilty to, a felony,
							 crime of moral turpitude, or violation of narcotics law
Probation for 3 years
Denial of license application or revocation
$500
Maximum amount allowable under the Act
(3)
Documentation violation
Reprimand
Active suspension for 2 years
$500
$2,500
(4)
Professional incompetence; grossly negligent
							 practice
Reprimand
Revocation
$500
Maximum amount allowable under the Act
(5)
Mental or physical impairment
Probation for 2 years
Denial of license application or revocation
N/A
N/A
(6)
Submitting false billings
Reprimand
Revocation
$500
Maximum amount allowable under the Act
(7)
Practicing beyond the scope of license
Reprimand
Active suspension for 2 years
$500
Maximum amount allowable under the Act
(8)
Failure to cooperate with a lawful Board
							 investigation
Reprimand
Denial of license application or revocation
$1,000
Maximum amount allowable under the Act
(9)
Reciprocal discipline
Reprimand
Denial of license application or revocation
$500
Maximum amount allowable under the Act
(10)
Sexual misconduct
Active suspension for 1 year
Revocation
$3,000
Maximum amount allowable under the Act
(11)
Unprofessional conduct in the practice of physical
							 therapy; Code of Ethics violation not specifically enumerated in this
							 chapter
Reprimand
Revocation
$500
Maximum amount allowable under the Act
(12)
Aiding the unauthorized practice of physical
							 therapy
Reprimand
Active suspension for 1 year
$1,500
Maximum amount allowable under the Act
(13)
Improper supervision
Reprimand
Revocation
$500
Maximum amount allowable under the Act
(14)
Standard of practice violation not specifically
							 enumerated in this chapter
Reprimand
Revocation
$500
Maximum amount allowable under the Act
(15)
Other violation of the Act not specifically enumerated
							 in this chapter
Reprimand
Denial of license application or revocation
$100
Maximum amount allowable under the Act
(16)
Fraudulently or deceptively obtaining, attempting to
							 obtain, or using a license
Reprimand
Denial of license application or revocation
$500
Maximum amount allowable under the Act
(17)
Treating more than an average of 3 patients per
							 clinical treatment hour per calendar day
Reprimand
Active suspension for 1 year
$500
Maximum amount allowable under the Act
(18)
Treating patients without evaluation or
							 reevaluation
Reprimand
Active suspension for 1 year
$500
Maximum amount allowable under the Act
(19)
Failure to comply with probationary condition of an
							 order
Active suspension for 1 year
Revocation
$1,000
Maximum amount allowable under the Act
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this regulation, the category or categories containing the highest maximum
				  sanction and penalty shall control.
C. Notwithstanding the guidelines set forth
				  in this regulation, in order to resolve a pending disciplinary action, the
				  Board and licensee may agree to a surrender of license or a consent order with
				  terms, sanction, and penalty agreed to by the Board and the licensee.
D. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
E. The Board may not
				  consider a petition for reinstatement of a license that has been revoked until
				  at least 3 years have passed from the date of revocation.