Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.13 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to provisions of Regulation .09A and B of this chapter, the disciplinary panel
				  may impose sanctions as outlined in §B of this regulation on physicians
				  for violations of Health Occupations Article, §§
										1-302,
				  14-404(a),
				  and
				  14-504, Annotated
				  Code of Maryland.
B. Range of
				  Sanctions.
Ground
Maximum Sanction
Minimum Sanction
(1) Is habitually intoxicated, or is addicted to or
								habitually abuses any narcotic or controlled dangerous substance
Revocation
Suspension until physician is in treatment and has
								been abstinent for 6 months
(2) Has been found to be mentally incompetent by a
								physician, and that incompetence impairs the ability to practice naturopathic
								medicine
Revocation
Suspension until mental incompetence is addressed
								to the Board's satisfaction
(3) Has entered into a consent agreement with or
								has been assessed an administrative penalty by a licensing authority in another
								state
Comparable to Penalty Imposed
Comparable to Penalty Imposed
(4) Fraudulently or deceptively obtains, attempts
								to obtain, or uses a license for the applicant or another
Revocation
Reprimand and probation for 2 years
(5) Has a license revoked or suspended, or was
								otherwise acted against, including the denial of licensure, by the licensing
								authority of another state
Revocation
Comparable to Penalty Imposed
(6) Uses false, deceptive, or misleading
								advertising
Revocation
Reprimand
(7) Advertises, practices, or attempts to practice
								under a name other than the applicant's or licensees own name
Revocation
Reprimand
(8) Aids, assists, employs, or advises any
								unlicensed individual to practice naturopathic medicine
Revocation
Reprimand
(9) Willfully makes or files a false report or
								record in the practice of naturopathic medicine
Revocation
Reprimand
(10) Willfully or negligently fails to file a
								report or record as required by 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
(11) Pays or receives any commission, bonus,
								kickback, or rebate, or engages in any split fee arrangement in any form with a
								licensed physician, organization, agency, or other person, either directly or
								indirectly, for patients referred to health care providers
Revocation
Reprimand
(12) Exercises influence within a patient-doctor
								relationship for purposes of engaging a patient in sexual activity
Revocation
Reprimand
(13) Engages in sexual misconduct with a
								patient
Revocation
Reprimand
(14) Fails to keep written medical records
								justifying the course of treatment of a patient
Revocation
Reprimand
(15) Engages in an act or omission that does not
								meet generally accepted standards of practice of naturopathic medicine or of
								safe care of patients, whether or not actual injury to a patient is
								established
Revocation
Reprimand
(16) Delegates professional responsibilities to an
								individual when the licensee delegating the responsibilities knows or has
								reason to know that the individual is not qualified by training, experience, or
								licensure to perform the responsibilities
Suspension
Reprimand
(17) Promotes the sale of services, drugs, devices,
								appliances, or goods to a patient as to exploit the patient for financial
								gain
Revocation
Reprimand
(18) Breaches patient confidentiality
Revocation
Reprimand
(19) Is guilty of unprofessional or immoral conduct
								in the practice of naturopathic medicine
Revocation
Reprimand and probation for 2 years
(20) Offers, undertakes, or agrees to cure or treat
								a disease by a secret method, treatment, or medicine
Revocation
Reprimand
(21) Knowingly fails to report suspected child
								abuse in violation of Section
								5-704 of the Family Law
								Article
Suspension
Reprimand
(22) Sells, prescribes, gives away, or administers
								drugs for illegal or illegitimate purposes
Revocation
Reprimand
(23) 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
Revocation
Reprimand
(24) Fails to cooperate with a lawful investigation
								of the Board
Revocation
Reprimand and probation for 3 years
(25) Abandons a patient
Revocation
Reprimand
(26) Violates any provision of this title or any of
								these regulations adopted by the Board
Revocation
Reprimand