Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.06 - Licensure of Polysomnographic Technologists › Section 10.32.06.13 - Sanctioning Guidelines for Polysomnographic Technologists

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to provisions of Regulation .12F
				  and G of this chapter, the Board may impose sanctions as outlined in §B of
				  this regulation on polysomnographic technologists for violations of Health
				  Occupations Article, § 14-5 C-17(a), Annotated Code of Maryland.
B. Range of Sanctions.
Ground
Maximum Sanction
Minimum Sanction
Maximum Fine
Minimum Fine
(1) Fraudulently or deceptively obtains or attempts
								to obtain a license for the applicant, licensee, or for another
Revocation
Reprimand with probation for 2 years
$5,000
$1,000
(2) Fraudulently or deceptively uses a
								license
Revocation
Probation
$5,000
$1,000
(3) Is guilty of unprofessional or immoral conduct
								in the practice of polysomnography
Revocation
Reprimand with probation for 2 years
$5,000
$1,000
(4) Incompetence.
(a) Is physically or mentally incompetent
Revocation
Suspension until professional incompetence is
								addressed to Board's satisfaction
$5,000
$1,000
(b) Is professionally incompetent
Revocation
Suspension until physical or mental incompetence is
								addressed to Board's satisfaction
$5,000
$0
(5) Abandons a patient
Revocation
Reprimand
$5,000
$1,000
(6) Is habitually intoxicated
Revocation
Suspension until licensee is in treatment and has
								been abstinent for 6 months
$5,000
$0
(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 licensee is in treatment and has
								been abstinent for 6 months
$5,000
$0
(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 licensee is in treatment and has
								been abstinent for 6 months
$5,000
$500
(9) Promotes the sale of services, drugs, devices,
								appliances, or goods to a patient so as to exploit the patient for financial
								gain
Suspension for 5 years
Reprimand
$5,000
$1,000
(10) Willfully makes or files a false report or
								record in the practice of polysomnography
Revocation
Reprimand
$5,000
$1,000
(11) Willfully fails to file or record any report
								as required under law, willfully impedes or obstructs the filing or recording
								of a report, or induces another to fail to file or record a report
Revocation
Reprimand
$5,000
$1,000
(12) Breaches patient confidentiality
Revocation
Reprimand
$5,000
$1,000
(13) Pays or agrees to pay any sum or provide any
								form of remuneration or material benefit to any person 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
$5,000
$500
(14) Knowingly makes a misrepresentation while
								practicing polysomnography
Revocation
Reprimand
$5,000
$1,000
(15) Knowingly practices polysomnography with an
								unauthorized individual or aids an unauthorized individual in the practice of
								polysomnography
Revocation
Reprimand
$5,000
$1,000
(16) Knowingly delegates a
polysomnographic duty to an unlicensed
								individual
Revocation
Reprimand
$5,000
$1,000
(17)Offers, undertakes, or agrees to cure or treat
								disease by a secret method, treatment, or medicine
Revocation
Reprimand
$5,000
$1,000
(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
								U.S. Department of Veterans Affairs for an act that would be grounds for
								disciplinary action under the Board's disciplinary statutes
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
Fine comparable to what the Board imposes under
								equivalent Maryland ground for discipline
Fine equivalent to that imposed by the original
								licensing authority if this is lesser than the Board sanction would be
(19) Fails to meet appropriate standards for the
								delivery of polysomnographic services performed in a hospital sleep laboratory
								or stand-alone sleep center
Revocation
Reprimand
$5,000
$500
(20) Knowingly submits false statements to collect
								fees for which services are not provided
Revocation
Reprimand
$5,000
$1,000
(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 sanction would be from the
								Board
Fine comparable to what the Board imposes under
								equivalent Maryland ground for discipline
Fine equivalent to that imposed by the 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
$5,000
$500
(23) Sells, prescribes, gives away, or administers
								drugs for illegal or illegitimate medical purposes
Revocation
Reprimand, probation for 3 years with practice
								oversight
$5,000
$500
(24) Practices or attempts to practice beyond the
								authorized scope of practice
Revocation
Suspension for 3 months
$5,000
$2,500
(25) Is convicted of or pleads guilty or nolo
								contender 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
$5,000
$500
(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
$5,000
$500
(27) Practices or attempts to practice a
								polysomnography procedure or uses or attempts to use polysomnography 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
$5,000
$2,500
(28) Fails to cooperate with a lawful investigation
								conducted by the Board
Revocation
Reprimand
$5,000
$1,000