Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.08 - Licensure of Athletic Trainers › Section 10.32.08.12 - Sanctioning Guidelines for Athletic Trainers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to provisions of Regulation .11D-E
				  of this chapter, the Board may impose sanctions as outlined in §B of this
				  regulation on athletic trainers for violations of Health Occupations Article,
				  § 514-5 D-14, 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, for the licensee, or for another
Revocation
Reprimand with 2 years of probation
$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 athletic training
Revocation
Reprimand
$5,000
$1,000
(4) Incompetence. (a) Is professionally
							 incompetent;
Revocation
Suspension until professional incompetence is addressed
							 to the Board's satisfaction
$5,000
$1,000
(b) Is physically or mentally incompetent
Revocation
Suspension until physical or mental incompetence is
							 addressed to the Board's satisfaction
$5,000
0
(5) Abandons a patient
Revocation
Reprimand
$5,000
$1,000
(6) Is habitually intoxicated
Revocation
Suspension until professional is in treatment and
							 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 professional is in treatment and
							 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 professional is in treatment and
							 abstinent for 6 months
$5,000
$1,000
(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 athletic training
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
							 the report, or induces another to fail to file or record the 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 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
$5,000
$1,000
(14) Knowingly makes a misrepresentation while
							 practicing athletic training
Revocation
Reprimand
$5,000
$1,000
(15) Knowingly practices athletic training with an
							 unauthorized individual or aids an unauthorized individual in the practice of
							 athletic trainer services
Revocation
Reprimand
$5,000
$1,000
(16) Offers, undertakes, or agrees to cure or treat
							 disease by a secret method, treatment, or medicine
Revocation
Reprimand
$5,000
$1,000
(17) Is disciplined by a licensing, certifying, 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
Fine comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Fine equivalent to that imposed by original licensing
							 authority if this is less than the Board fine would be
(18) Fails to meet appropriate standards for the
							 delivery of athletic training services
Revocation
Reprimand
$5,000
$500
(19) Knowingly submits false statements to collect fees
							 for which services have not been provided;
Revocation
Reprimand
$5,000
$500
(20) 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 the licensed individual:
(a)
							 Surrendered the license issued by the state or country; or
(b)
							 Allowed the license 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
Fine comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Fine equivalent to that imposed by original licensing
							 authority if this is less than the Board fine would be
(21) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §5"704, Annotated Code of Maryland
Revocation
Reprimand
$5,000
$500
(22) Sells, prescribes, gives away, or administers
							 drugs for illegal or illegitimate medical purposes
Revocation
Reprimand and 3 years of probation with practice
							 oversight
$5,000
$1,000
(23) Practices or attempts to practice beyond the
							 authorized scope of practice
Revocation
Suspension for 3 months
$5,000
$2,500
(24) 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
(25) Practices or attempts to practice an athletic
							 training procedure or uses or attempts to use athletic training 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
(26) Fails to cooperate with a lawful investigation
							 conducted by the Board
Revocation
Reprimand
$5,000
$1,000
(27) Fails to practice under the supervision of a
							 physician or violates the approved evaluation and treatment protocol
Revocation
Suspension for 3 months
$5,000
$2,500
(28) Violates an order of the Board, including any
							 condition of probation.
Revocation
Suspension for 3 months
$5,000
$2,500