Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.18 - Sanctioning Guidelines for Physician Assistants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to provisions of Regulation .17A
				  and B of this chapter, the Board may impose sanctions as outlined in §B of
				  this regulation on physician assistants for violations of Health Occupations
				  Article, §
										15-314(a),
				  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 or licensee or for another
Revocation
Reprimand with probation for 2 years
$25,000
$5,000
(2) Fraudulently or deceptively uses a license
Revocation
Probation
$25,000
$5,000
(3) Is guilty of:
(a) Immoral conduct in
							 the practice of medicine; or
(b) Unprofessional conduct in the
							 practice of medicine
Revocation
Reprimand
$25,000
$5,000
(4) Incompetence.
(a) Is physically or
							 mentally incompetent
Revocation
Suspension until physical or mental incompetence is
							 addressed to Board's satisfaction
$25,000
0
(b) Is professionally incompetent
Revocation
Suspension until professional incompetence is addressed
							 to Board's satisfaction
$25,000
$2,500
(5) Solicits or advertises in violation of Health
							 Occupations Article, §
														14-503, Annotated
							 Code of Maryland
Reprimand with probation
Reprimand
$25,000
$2,500
(6) Abandons a patient
Revocation
Reprimand
$25,000
$5,000
(7) Habitually is intoxicated
Revocation
Suspension until the physician assistant is in
							 treatment and abstinent for 6 months
$25,000
$0
(8) 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 the physician assistant is in
							 treatment and abstinent for 6 months
$25,000
$0
(9) Provides professional services:
(a)
							 While under the influence of alcohol; or
(b) While using any
							 narcotic or controlled dangerous substance, as defined in Criminal Law Article,
							 §
														5-101, Annotated Code of
							 Maryland, or other drug that is in excess of therapeutic amounts or without
							 valid medical indication
Revocation
Suspension until the physician assistant is in
							 treatment and abstinent for 6 months
$50,000
$5,000
(10) Promotes the sale of drugs, devices, appliances,
							 or goods to a patient so as to exploit the patient for financial gain
Suspension for 5 years
Reprimand
$25,000
$5,000
(11) Willfully makes or files a false report or record
							 in the practice of medicine
Revocation
Reprimand
$25,000
$5,000
(12) Willfully fails to file or record any medical
							 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
$25,000
$5,000
(13) On proper request, and in accordance with the
							 provisions of Health " General Article, Title 4, Subtitle 3, Annotated Code of
							 Maryland, fails to provide details of a patient's medical record to the
							 patient, another physician, or hospital
Suspension
Reprimand
$5,000
$500
(14) Solicits professional patronage through an agent
							 or other person or profits from the acts of a person who is represented as an
							 agent of the physician
Suspension for 1 year
Reprimand
$25,000
$2,500
(15) Pays or agrees to pay any sum to any person for
							 bringing or referring a patient or accepts or agrees to accept any sum from any
							 person for bringing or referring a patient
Revocation
Reprimand
$50,000
$2,500
(16) Agrees with a clinical or bioanalytical laboratory
							 to make payments to the laboratory for a test or test series for a patient,
							 unless the licensed physician assistant discloses on the bill to the patient or
							 third"party payor:
(a) The name of the laboratory;
(b) The amount paid to the laboratory for the test or test series; and
(c) The amount of procurement or processing charge of the licensed
							 physician, if any, for each specimen taken
Suspension for 1 year
Reprimand
$25,000
$5,000
(17) Makes a willful misrepresentation in
							 treatment
Revocation
Reprimand
$25,000
$5,000
(18) Practices medicine with an unauthorized person or
							 aids an unauthorized person in the practice of medicine
Revocation
Reprimand
$25,000
$5,000
(19) Grossly overutilizes health care services
Revocation
Reprimand and probation for 2 years
$25,000
$5,000
(20) Offers, undertakes, or agrees to cure or treat
							 disease by a secret method, treatment, or medicine
Revocation
Reprimand
$25,000
$5,000
(21) Is disciplined by a licensing or disciplinary
							 authority or convicted or disciplined by a court of any state or country or
							 disciplined by any branch of the United States uniformed services or the U.S.
							 Department of Veterans Affairs 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 comparable to that imposed by original
							 licensing authority if this is less than the Board sanction would be
Fine comparable to what MBP imposes under equivalent
							 physician ground for discipline
Fine equivalent to that imposed by original licensing
							 authority if this is less than the Board sanction would be
(22) Fails to meet appropriate standards for the
							 delivery of quality medical and surgical care performed in an outpatient
							 surgical facility, office, hospital, or any other location in this State
Revocation
Reprimand
$25,000
$2,500
(23) Willfully submits false statements to collect fees
							 for which services are not provided
Revocation
Reprimand
$25,000
$5,000
(24) Was 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 this
							 section and the licensee:
(a) Surrendered the license issued by
							 the state or country to 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 comparable 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 sanction would be
(25) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §
														5-704, Annotated Code of
							 Maryland
Revocation
Reprimand
$50,000
$2,500
(26) Fails to educate a patient being treated for
							 breast cancer of alternative methods of treatment as required by Health-General
							 Article, §20-113, Annotated Code of Maryland
Reprimand and probation for 1 year with mandatory
							 CME's
Reprimand
$25,000
$2,500
(27) Sells, prescribes, gives away, or administers
							 drugs for illegal or illegitimate medical purposes
Revocation
Reprimand and probation for 3 years with practice
							 oversight
$50,000
$5,000
(28) Fails to comply with the provisions of
							 Health-Occupations Article, §12-102, Annotated Code of Maryland, regarding
							 dispensing prescriptions
Suspension for 2 years
Reprimand
$25,000
$1,250
(29) Refuses, withholds from, denies, or discriminates
							 against an individual with regard to the provision of professional services for
							 which the physician assistant is licensed and qualified to render because the
							 individual is HIV positive
Suspension for 1 year
Reprimand
$25,000
$2,500
(30) Except as to an association that has remained in
							 continuous existence since July 1, 1963:
(a) Associates with a
							 pharmacist as a partner or co"owner of a pharmacy for the purpose of operating
							 a pharmacy;
(b) Employs a pharmacist for the purpose of operating
							 a pharmacy; or
(c) Contracts with a pharmacist for the purpose of
							 operating a pharmacy
Suspension for 3 years
Reprimand
$25,000
$5,000
(31) Except in an emergency life"threatening situation
							 where it is not feasible or practicable, fails to comply with the Centers for
							 Disease Control and Prevention's guidelines on universal precautions
Revocation
Reprimand
$50,000
$5,000
(32) Fails to display the notice required under Health
							 Occupations Article, §
														14-415, Annotated
							 Code of Maryland
Suspension
Reprimand
$5,000
$500
(33) Fails to cooperate with a lawful investigation
							 conducted by the Board
Revocation
Reprimand
$25,000
$5,000
(34) Is convicted of insurance fraud as defined in
							 Insurance Article, §
														27-801, Annotated Code of
							 Maryland
Revocation
Suspension for 6 months
$25,000
$5,000
(35) Is in breach of a service obligation resulting
							 from the applicant's or licensee's receipt of State or federal funding for the
							 physician assistant's medical education
Revocation
Reprimand
$50,000
$5,000
(36) Willfully makes a false representation when
							 seeking or making application for licensure or any other application related to
							 the practice of medicine
Revocation
Reprimand
$25,000
$5,000
(37) By corrupt means, threats, or force, intimidates
							 or influences, or attempts to intimidate or influence, for the purpose of
							 causing any person to withhold or change testimony in hearings or proceedings
							 before the Board or those otherwise delegated to the Office of Administrative
							 Hearings
Revocation
Suspension for 3 years
$25,000
$5,000
(38) By corrupt means, threats, or force, hinders,
							 prevents, or otherwise delays any person from making information available to
							 the Board in furtherance of any investigation of the Board
Revocation
Suspension for 3 years
$25,000
$5,000
(39) Intentionally misrepresents credentials for the
							 purpose of testifying or rendering an expert opinion in hearings or proceedings
							 before the Board or those otherwise delegated to the Office of Administrative
							 Hearings
Revocation
Probation for 3 years
$25,000
$5,000
(40) Fails to keep adequate medical records
Suspension of 1 year
Reprimand
$25,000
$1,250
(41) Performs delegated medical acts beyond the scope
							 of the delegation agreement filed with the Board or after notification from the
							 Board that an advanced duty has been disapproved
Revocation
Suspension for 3 months
$5,000
$5,000
(42) Performs delegated medical acts without the
							 supervision of a physician
Revocation
Suspension for 3 months
$5,000
$5,000