Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.04 - Guidelines lor Disciplinary Sanctions and Imposition ol Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				  provisions of this section, the Board may impose sanctions and penalties for
				  violations of the Maryland Social Workers Act, Health Occupations Article,
				  §
										19-311, Annotated
				  Code of Maryland, and according to the guidelines set forth in the following
				  chart:
VIOLATION
Minimum SANCTION/PENALTY
Maximum SANCTION/PENALTY
(1) Fraudulently or deceptively obtains, or
								attempts to obtain a license
Active suspension for 90 days, or $2,000 fine, or
								both
Denial of a license application or revocation, or
								$10,000 fine, or both
(2) Fraudulently uses a license
Active suspension for 90 days, or $2,000 fine, or
								both
Denial of a license application or revocation, or
								$10,000 fine, or both
(3) Physical or mental incompetence
Probation of 1 year
Denial of license application or
								revocation
(4) Commits any act of gross negligence,
								incompetence, or misconduct in the practice of social work
Probation for 1 year, or $1,000 fine, or
								both
Revocation, or $10,000 fine, or both
(5) Knowingly violates any provision of Health
								Occupations Article, Title 19, Annotated Code of Maryland
Probation for 1 year, or $1,000 fine, or
								both
Revocation, or $10,000 fine, or both
(6) Engages in a course of conduct that is
								inconsistent with generally accepted professional standards in the practice of
								social work
Probation for 1 year, or $1,000 fine, or
								both
Revocation, or $10,000 fine, or both
(7) Violates any provision of this title or
								regulations governing the practice of social work adopted and published by the
								Board
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
(8) Is convicted of or pleads guilty or nolo
								contendere to a felony or crime of moral turpitude
Probation for 1 year, or $1,000 fine, or
								both
Denial of license application or revocation, or
								$10,000 fine, or both
(9) Provides professional services while: under the
								influence of alcohol; or using any narcotic or controlled dangerous
								substance
Probation for 1 year, or $2,000 fine, or
								both
Revocation, or $10,000 fine, or both
(10) Reciprocal discipline
Reprimand, or $200 fine, or both
Denial of license application or revocation, or
								$10,000 fine, or both
(11) Practices social work with an unauthorized
								person or supervises or aids an unauthorized person in the practice of social
								work
Reprimand, or $1,000 fine, or both
Revocation, or $10,000 fine, or both
(12) Knowingly makes or files a false report in the
								practice of social work
Probation for 1 year, or $2,000 fine, or
								both
Revocation, or $10,000 fine, or both
(13) Knowingly fails to file or record any report
								as required under law
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
(14) Knowingly fails to report suspected child
								abuse in violation of Family Law Article, §
															5-704, Annotated Code of
								Maryland
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
(15) Submits a false statement to collect a
								fee
Probation for 1 year, or $2,000 fine, or
								both
Revocation, or $10,000 fine, or both
(16) Discrimination
Reprimand, or $200 fine, or both
Probation for 2 years, or $2,000 fine, or
								both
(17) Failure to cooperate with a lawful
								investigation conducted by the Board
Reprimand, or $200 fine, or both
Denial of license application or revocation, or
								$10,000 fine, or both
(18) Exploitation/undue influence
Active suspension for 1 year, or $2,000 fine, or
								both
Revocation, or $10,000 fine, or both
(19) Knowingly fails to report suspected abuse or
								neglect of a vulnerable adult in violation of Criminal Law Article, §
															3-604 or
								3-605, Annotated Code of
								Maryland
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
(20) Fails to comply with the requirements of any
								order entered by the Board
Reprimand, or $2,000 fine, or both
Denial of license application or revocation, or
								$10,000 fine, or both
(21) Record-keeping violations
Reprimand
Probation for 2 years
(22) Sexual misconduct or boundary violations
								within the professional relationship
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
(23) Violations of COMAR 10.42.03 Code of
								Ethics
Reprimand, or $200 fine, or both
Revocation, or $10,000 fine, or both
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this chapter, the category or categories containing the highest maximum
				  sanction and penalty shall prevail.
C. Notwithstanding the guidelines set forth
				  in this chapter, in order to resolve a pending disciplinary action, the Board
				  and licensee may agree to a surrender of license or a consent order with terms,
				  sanction, and penalty agreed to by the Board and the licensee.
D. A departure from the guidelines set forth
				  in this chapter alone is not grounds for any hearing or appeal of a Board
				  action.