Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.10 - Sanctioning Guidelines for Physicians

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, §§
										14-404(a),
				  14-504, and
				  1-302, 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 2 years' probation
$50,000
$10,000
(2) Fraudulently or deceptively uses a
								license
Revocation
Probation
$50,000
$10,000
(3) Is guilty of immoral or unprofessional conduct
								in the practice of medicine, consisting of:
(a) Sexual impropriety as defined by the Board's
								regulations at COMAR
								10.32.17.02F
Revocation
Reprimand
$50,000
$10,000
(b) A sexual violation as defined in the Board's
								regulations at COMAR
								10.32.17.02F
Revocation
1 year probation
$50,000
$10,000
(c) Ethical violations that are not sexual in
								nature
Revocation
Reprimand
$50,000
$5,000
(d) Attesting to earning but failing to earn
								required number of continuing medical education (CME) credits
Revocation
Reprimand
$50,000
$10,000
(e) Immoral or unprofessional conduct violations
								that are not sexual in nature
Revocation
Reprimand
$25,000
$10,000
(4) Incompetence
(a) Is professionally incompetent
Revocation
Suspension until professional incompetence is
								addressed to disciplinary panel's satisfaction.
$50,000
$5,000
(b) Is physically or mentally incompetent
Revocation
Suspension until physical or mental incompetence is
								addressed to disciplinary panel's satisfaction.
$50,000
$0
(5) Solicits or advertises in violation of Health
								Occupations Article, §
															14-503, Annotated
								Code of Maryland
Reprimand with probation
Reprimand
$50,000
$5,000
(6) Abandons a patient
Revocation
Reprimand
$50,000
$10,000
(7) Habitually is intoxicated
Revocation
Suspension until physician is in treatment and has
								been abstinent for 6 months
$50,000
$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 physician is in treatment and has
								been abstinent for 6 months
$50,000
$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 physician is in treatment and has
								been abstinent for 1 year
$100,000
$10,000
(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
$50,000
$10,000
(11) Willfully makes or files a false report or
								record in the practice of medicine
Revocation
Reprimand
$50,000
$10,000
(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
$50,000
$10,000
(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
$10,000
$1,000
(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
$50,000
$5,000
(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
$100,000
$10,000
(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 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
$50,000
$10,000
(17) Makes a willful misrepresentation in
								treatment
Revocation
Reprimand
$50,000
$10,000
(18) Unauthorized Persons
(a) Practices medicine with an unauthorized person
								or aids an unauthorized person in the practice of medicine
Revocation
Reprimand
$50,000
$10,000
(b) When the offense under §B(18)(a) of this
								regulation:
(i) Consists solely of a physician permitting an
								unlicensed allied health professional to work in a hospital
(ii) The allied health professional is employed by
								the hospital, not the physician;
(iii) The physician is not employed by the
								hospital; and
(iv) The recruitment, hiring, scheduling, and
								credentialing of the allied health professional is performed by the hospital
								and not the physician
Suspension for 1 year
Reprimand
$50,000
$0
(19) Grossly overutilizes health care
								services
Revocation
Reprimand and probation for 2 years
$50,000
$10,000
(20) Offers, undertakes, or agrees to cure or treat
								disease by a secret method, treatment, or medicine
Revocation
Reprimand
$50,000
$10,000
(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
								Veterans' Administration for an act that would be grounds for disciplinary
								action under this section
Penalty comparable to what disciplinary panel
								imposes under equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
								licensing authority if this is lesser than disciplinary panel sanction would
								be.
Fine comparable to what disciplinary panel imposes
								under equivalent Maryland ground for discipline
Fine equivalent to that imposed by original
								licensing authority if this is lesser than disciplinary panel sanction would
								be
(22) Fails to meet appropriate standards as
								determined by appropriate peer review 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
$50,000
$5,000
(23) Willfully submits false statements to collect
								fees for which services are not provided
Revocation
Reprimand
$50,000
$10,000
(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 disciplinary panel
								imposes under equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
								licensing authority if this is lesser than disciplinary panel sanction would
								be
Fine comparable to what disciplinary panel imposes
								under equivalent Maryland ground for discipline
Fine equivalent to that imposed by original
								licensing authority if this is lesser than disciplinary panel sanction would
								be
(25) Knowingly fails to report suspected child
								abuse in violation of the Family Law Article, §
															5-704, Annotated Code of
								Maryland
Revocation
Reprimand
$50,000
$5,000
(26) Fails to educate a patient being treated for
								breast cancer of alternative methods of treatment as required by of
								Health-General Article, §20-113, Annotated Code of Maryland
Reprimand and probation of 1 year with mandatory
								CMEs
Reprimand
$50,000
$5,000
(27) Sells, prescribes, gives away, or administers
								drugs for illegal or illegitimate medical purposes
Revocation
Reprimand and probation for 3 years with practice
								oversight
$100,000
$10,000
(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
$50,000
$2,500
(29) 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
$50,000
$5,000
(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
$50,000
$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
$100,000
$10,000
(32) Fails to display the notice regarding CDC
								universal precautions, as required under Health Occupations Article, §
															14-415, Annotated
								Code of Maryland
Suspension
Reprimand
$10,000
$1,000
(33) Fails to cooperate with a lawful investigation
								conducted by the Board or a disciplinary panel
Revocation
Reprimand
$50,000
$10,000
(34) Is convicted of insurance fraud as defined in
								Insurance Article, §
															27-801, Annotated Code of
								Maryland
Revocation
Suspension for 6 months
$50,000
$10,000
(35) Is in breach of a service obligation resulting
								from the applicant's or licensee's receipt of State or federal funding for the
								licensee's medical education
Revocation
Reprimand
$100,000
$10,000
(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
$50,000
$10,000
(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 a disciplinary panel or those otherwise
								delegated to the Office of Administrative Hearings
Revocation
Suspension for 3 years
$50,000
$10,000
(38) By corrupt means, threats, or force, hinders,
								prevents, or otherwise delays any person from making information available to
								the Board or a disciplinary panel in furtherance of any investigation of the
								Board or a disciplinary panel
Revocation
Suspension for 3 years
$50,000
$10,000
(39) Intentionally misrepresents credentials for
								the purpose of testifying or rendering an expert opinion in hearings or
								proceedings before the Board or a disciplinary panel or those otherwise
								delegated to the Office of Administrative Hearings
Revocation
Probation for 3 years
$50,000
$10,000
(40) Fails to keep adequate medical records as
								determined by appropriate peer review
Suspension for 1 year
Reprimand
$50,000
$2,500
(41) Performs a cosmetic surgical procedure in an
								office or a facility that is not:
(a) Accredited by:
(i) The American Association for Accreditation of
								Ambulatory Surgical Facilities;
(ii) The Accreditation Association for Ambulatory
								Health Care; or
(iii) The Joint Commission on the Accreditation of
								Health Care Organizations; or
(b) Certified to participate in the Medicare
								program, as enacted by Title XVIII of the Social Security Act
Revocation
Reprimand
$50,000
$10,000
(42) Fails to complete a criminal history records
								check under Health Occupations Article, §
															14-308.1,
								Annotated Code of Maryland
Suspension for 1 year
Reprimand
$10,000
$500
(43) Violates any provision of the Health
								Occupations Article, any rule or regulation adopted by the Board, or any State
								or federal law pertaining to the practice of medicine
Revocation
Reprimand
$25,000
$10,000
(44) Fails to meet the qualifications for licensure
								under Health Occupations Article, Title 14, Subtitle 3, Annotated Code of
								Maryland
Revocation
Reprimand
$25,000
$10,000
(45) Fails to comply with Health Occupations
								Article, §1223, Annotated Code of Maryland
Revocation
Reprimand
$50,000
$5,000
(46) Fails to comply with the requirements of the
								Prescription Drug Monitoring Program under Health-General Article, Title 21,
								Subtitle 2A, Annotated Code of Maryland
Suspension for 1 year
Reprimand
$25,000
$10,000
(47) Fails to comply with the provisions of Health
								Occupations Article, §
															14-504, Annotated
								Code of Maryland, regarding acupuncture
Revocation of acupuncture registration
Reprimand
$0
$0
(48) Fails to comply with the provisions of Health
								Occupations Article, Title 1, Subtitle 3, Annotated Code of Maryland, regarding
								patient referrals
Revocation
Suspension for 6 months
$100,000
$25,000