Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 65 - BOARD OF MASSAGE THERAPY EXAMINERS › Chapter 10.65.09 - Sanctioning Guidelines › Section 10.65.09.06 - Disciplinary Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
The following guidelines shall be used by the Board as a
					 guide for sanctioning license holder or registration holder informal and
					 informal actions and proceedings:
A.
				  Abuse - Physical and Emotional.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Unnecessary or disruptive behavior which may
								include verbal comments, directed to a patient, resulting in minimal harm or a
								risk of harm
Reprimand
Suspension for up to 5 years, and probation for up
								to 5 years, and conditions
Reprimand to suspension and probation for up to 5
								years
(2) Physical abuse resulting in significant
								physical or emotional injury
Suspension for 3 years, without stay for at least
								30 days and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least
								30 days, and probation for 3 years to revocation
B.
				  Criminal Convictions or Plea of Nolo Contendere.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Convicted of or pleads guilty or nolo
								contendere to a felony or to a crime involving moral turpitude
Suspension for 1 year and probation for 1 year, and
								conditions
Revocation
Suspension for 1 year and probation for 1 year, to
								revocation
(2) Convicted of or pleads guilty or nolo
								contendere to a sexual offense
Suspension for 5 years, without stay for at least
								60 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								60 days, and probation for 5 years, to revocation
C.
				  Disciplined by Another Licensing or Disciplinary Authority.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Conduct resulting in no physical or
								psychological harm
Reprimand
Reprimand and probation for up to 3 years, and
								conditions
Reprimand to reprimand and probation for up to 3
								years
(2) Conduct resulting in financial injury
Reprimand
Revocation
Reprimand to Revocation
(3) Conduct resulting in physical or psychological
								harm or a risk of physical or psychological harm
Suspension for 3 years, without stay for at least
								10 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, at least 10 days without
								stay, and probation for 3 years to revocation
(4) Misrepresentation or fraud
Suspension for 2 years, without stay for at least 5
								days, and probation for 2 years, and conditions
Revocation
Suspension for 2 years, without stay for at least 5
								days, and probation for 2 years to revocation
(5) Conduct not provided for in §C(1)-(4) of
								this regulation
Reprimand
Revocation
Reprimand to Revocation
D.
				  Diversion of Controlled Substances or Prescription Drugs.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Diversion without harm to self or others
Reprimand and conditions, and probation for 1
								year
Suspension for up to 5 years, and probation for up
								to 5 years, and conditions
Reprimand and probation for 1 year to suspension
								for up to 5 years and probation for up to 5 years
(2) Diversion creating risk of harm
Suspension for 3 years and probation for 3 years,
								and conditions
Suspension for up to 5 years and probation for up
								to 5 years, and conditions
Suspension for 3 years and probation for 3 years to
								suspension for up to 5 years and probation for up to 5 years
(3) Diversion with harm
Suspension for 5 years, without stay for at least
								90 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								90 days, and probation for 5 years, to revocation
E.
				  Failure to Renew a License When the License Holder or Registration Holder Has
				  Continued to Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Failure to renew a license and practicing for
								up to 1 year
Reprimand
Revocation
Reprimand to suspension for 2 years, and probation
								for to 2 years
(2) Failure to renew a license and practicing for 1
								year or longer
Suspension for 2 years, and probation for 2 years,
								and conditions
Revocation
Suspension for 2 years, and probation for 2 years,
								to revocation
F.
				  Noncompliance with Board Orders.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Failure to comply with a Board order
Suspension for 3 years, without stay for at least
								10 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least
								10 days, probation for 3 years, to revocation
(2) Failure to comply with a Board order with
								additional unprofessional conduct
Suspension for 3 years, without stay for at least
								30 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least
								30 days, and probation for 3 years, to revocation
(3) Failure to comply with a Board order with
								serious physical injury or death of a patient, or the risk of significant
								physical injury or death
Suspension for 5 years, without stay for at least 1
								year, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 1
								year, and probation for 5 years, to revocation
G.
				  Incompetent Practice Or Misconduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Practice below acceptable standards with a low
								risk of patient harm
Reprimand and conditions
Suspension for 1 year, and probation for 1 year,
								and conditions
Reprimand to suspension for 1 year, and probation
								for 1 year
(2) Practice below acceptable standards with
								patient harm or risk of patient harm
Suspension for 3 years, without stay for at least
								30 days, and probation, and conditions
Revocation
Suspension for 3 years, without stay for at least
								30 days, and probation, to revocation
(3) Practice below acceptable standards with
								serious physical injury or death of a patient, or a risk of significant
								physical injury or death
Suspension for 3 years, without stay for at least
								90 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least
								90 days, and probation for 3 years, to revocation
H.
				  Sexual Misconduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Unsolicited conduct of a sexual nature
								excluding physical contact that serves no diagnostic or treatment
								purpose
Reprimand and conditions
Revocation
Reprimand to suspension for 1 year, and probation
								for 1 year
(2) A personal relationship that violates
								professional ethics
Suspension for 1 year, and probation for 1 year,
								and conditions
Suspension for up to 5 years, probation for up to 5
								years, and conditions
Suspension for 1 year, and probation for 1 year, to
								suspension for up to 5 years, and probation for up to 5 years
(3) Physical contact of a sexual nature that does
								not include force, intimidation, the use of drugs, or alcohol, and that serves
								no diagnostic or treatment purpose
Suspension for 2 years, without stay for at least
								90 days, and probation for 2 years, and conditions
Revocation
Suspension for 2 years, without stay for at least
								90 days, and probation for 2 years, to suspension for up to 7 years, without
								stay for at least 90 days, and probation for up to 7 years
(4) Sexual conduct involving, but not limited to,
								force intimidation, the use of drugs, or alcohol, or multiple victims
Suspension for 5 years, without stay for at least 1
								year, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least 1
								year, and probation for 5 years to revocation
I.
				  Substance Abuse.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Misuse of drugs or alcohol without harm to
								others
Suspension for 2 years and probation for 2 years,
								and conditions
Suspension for up to 5 years, and probation for up
								to 5 years, and conditions
Suspension for 2 years and probation for 2 years,
								to suspension for up to 5 years and probation for up to 5 years
(2) Misuse of drugs or alcohol with patient harm or
								a risk of patient harm
Suspension for 5 years, without stay for at least
								90 days, probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								90 days, and probation for 5 years to revocation
J.
				  Unauthorized Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) License holder or registration holder knowingly
								allows an unauthorized individual to practice outside their scope of practice
								without patient harm or minimal patient harm
Reprimand and conditions
Suspension for 2 years, and probation for 2 years,
								and, conditions
Reprimand to suspension for 2 years, and probation
								for 2 years
(2) License holder or registration holder knowingly
								allows an unauthorized individual to practice outside their scope of practice
								with greater than minimal patient harm
Suspension for 5 years, without stay for at least
								30 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								30 days, and probation for 5 years to revocation
(3) An unauthorized individual practices outside
								their scope of practice without patient harm or minimal patient harm
Reprimand
Suspension for 2 years, and probation for 2 years,
								and, conditions
Reprimand to suspension for 2 years, and probation
								for 2 years
(4) An unauthorized individual practices outside
								their scope of practice with greater than minimal patient harm
Suspension for 5 years, without stay for at least
								30 days, and probation, and conditions
Revocation
Suspension for 5 years, without stay for at least
								30 days, and probation, to revocation
K.
				  Unethical Conduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least to Greatest
(1) Unethical Conduct resulting in no physical or
								psychological harm
Reprimand and conditions
Suspension for up to 2 years, and probation for up
								to 2 years, and conditions
Reprimand to suspension for up to 2 years, and
								probation for up to 2 years
(2) Unethical conduct resulting in financial
								injury
Suspension for 3 years, and probation for 3 years,
								and conditions
Revocation
Suspension for 3 years, and probation for 3 years,
								to revocation
(3) Unethical conduct resulting in physical or
								psychological harm or a risk of physical or psychological harm
Suspension for 3 years, and probation for 3 years,
								and conditions
Revocation
Suspension for 3 years, and probation for 3 years,
								to revocation
(4) Unethically, and without legal justification,
								fails to cooperate with a lawful investigation conducted by the Board
Suspension for 5 years, without stay for at least
								30 days, and probation, for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								30 days, and probation for 5 years, to revocation
(5) Unethical conduct resulting from
								misrepresentation or fraud
Suspension for 5 years, and probation for 5 years,
								and conditions
Revocation
Suspension for 5 years, and probation for 5 years,
								to revocation
(6) Threatens, forces, intimidates, or influences a
								person to change or withhold evidence before the Board or the Office of
								Administrative Hearings.
Suspension for 5 years, without stay for at least
								90 days, and probation for 5 years, and conditions
Revocation
Suspension for 5 years, without stay for at least
								90 days, and probation for 5 years, to revocation
(7) Unethical Conduct resulting from any violation
								not provided for in §K(1)-(6) of this regulation
Reprimand
Revocation
Reprimand to revocation