Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.08 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.36.08.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				  provisions of this chapter, the Board may impose sanctions and penalties for
				  violations of the Maryland Psychologists Act and its regulations according to
				  the guidelines set forth in the following categories:
Violation
Minimum Sanction
Maximum Sanction
Minimum Penalty
Maximum Penalty
(1)
Assessment violation
Reprimand
Probation for 1 year
N/A
N/A
(2)
Violation of child custody evaluation
								standards
Reprimand
Active suspension for 2 years
$100
$5,000
(3)
Criminally convicted of, or pled guilty to, a
								felony or crime of moral turpitude
Probation for 1 year
Denial of license or reigstration application or
								revocation
$100
$10,000
(4)
Disclosure of confidential information
Reprimand
Revocation
N/A
N/A
(5)
Engaging in dual relationships
Reprimand
Active suspension for 1 year
$500
$5,000
(6)
Exploitation or undue influence of a client
Active suspension for 1 year
Revocation
$1,000
$10,000
(7)
Submitting a false statement to collect a
								fee
Probation for 1 year
Revocation
$5,000
$10,000
(8)
Fraudulently or deceptively obtaining, attempting
								to obtain, or using a license or registration
Active
suspension for 90 days
Denial of license or registration application or
								revocation
$1,000
$10,000
(9)
Willfully making or filing a false report or record
								in the practice of psychology
Active
suspension for 90 days
Denial of license or registration application or
								revocation
$1,000
$10,000
(10)
Professional incompetence
Reprimand
Revocation
$1,000
$10,000
(11)
Physical or mental incompetence
Probation for 1 year
Denial of license or registration application or
								revocation
N/A
N/A
(12)
Improper termination of services
Reprimand
Active suspension for 1 year
N/A
N/A
(13)
Misrepresentation of services or fees
Reprimand
Active suspension for 1 year
$500
$5,000
(14)
Plagiarism
Reprimand
Probation for 2 years
$500
$5,000
(15)
Reciprocal discipline
Reprimand
Denial of license or registration application or
								revocation
$100
$10,000
(16)
Record-keeping violation
Reprimand
Probation for 2 years
N/A
N/A
(17)
Sexual misconduct
Active
suspension for 2 years
Denial of license or registration application or
								revocation for 10 years
$5,000
$10,000
(18)
Standard of practice violation not specifically
								enumerated in this chapter
Reprimand
Revocation
$100
$10,000
(19)
Supervision violation
Reprimand
Revocation
$500
$5,000
(20)
Violation of the Psychology Associate
								requirements
Reprimand
Revocation
$500
$5,000
(21)
Aiding another to practice without a license or
								registration or misrepresenting to the public that a person is a licensed
								psychologist or registered psychology associate
Reprimand
Denial of license or registration application or
								revocation
$500
$5,000
(22)
Willfully failing to file or record any report as
								required under law, willfully impeding or obstructing the filing or recording
								of the report, or inducing another to fail to file or record the
								report
Reprimand
Revocation
$100
$5,000
(23)
Failure to cooperate in a Board investigation or
								comply with a Board order
Reprimand
Denial of license or registration application or
								revocation
$100
$10,000
(24)
Failure to comply with informed consent
								requirements
Reprimand
Probation for 2 years
$100
$1,000
(25)
Violation of provisions regarding duty to commit,
								treat, or warn
Reprimand
Revocation
$100
$1,000
(26)
Discrimination
Reprimand
Probation for 2 years
$100
$1,000
(27)
Other violation of the Act not specifically
								enumerated in this chapter
Reprimand
Denial of license or registration application or
								revocation
$100
$10,000
B.
				  If a licensee or registrant 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 or registrant may agree to a surrender of a license or
				  registration or to a consent order with terms, sanction, and penalty agreed to
				  by the Board and the licensee or registrant.
D. A departure from the guidelines set forth
				  in this regulation alone is not grounds for any hearing or appeal of a Board
				  action.