Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.08 - Licensure of Athletic Trainers › Section 10.32.08.11 - Fines, Penalties, and Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who violates any provision
				  of Health Occupations Article, Title 14, Subtitle 5D, Annotated Code of
				  Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not
				  exceeding $1,000, or imprisonment not exceeding 1 year, or both.
B. The Board may impose a civil fine of not
				  more than $5,000 on an individual who violates any provision of Health
				  Occupations Article, Title 14, Subtitle 5D, Annotated Code of
				  Maryland.
C. The Board shall
				  deposit a penalty collected under §B of this regulation into the Board of
				  Physicians fund.
D. General
				  Application of Sanctioning Guidelines.
(1)
				  Sections D and E of this regulation and Regulation .12 of this chapter do not
				  apply to offenses for which a mandatory sanction is set by statute or
				  regulation.
(2) Except as provided
				  in §E of this regulation, for violations of the sections of the Maryland
				  Athletic Trainers Act listed in the sanctioning guidelines, the Board shall
				  impose a sanction not less severe than the minimum listed in the sanctioning
				  guidelines nor more severe than the maximum listed in the sanctioning
				  guidelines for each offense.
(3)
				  Ranking of Sanctions.
(a) For the purposes of
				  this regulation, the severity of sanctions is ranked as follows, from the least
				  severe to the most severe:
(i)
				  Reprimand;
(ii)
				  Probation;
(iii) Suspension;
				  and
(iv) Revocation.
(b) A stayed suspension in which
				  the stay is conditioned on the completion of certain requirements is ranked as
				  probation.
(c) A stayed suspension
				  not meeting the criteria for §D(3)(b) of this regulation is ranked as a
				  reprimand.
(d) A fine listed in the
				  sanctioning guidelines may be imposed in addition to but not as a substitute
				  for a sanction.
(e) The addition of
				  a fine does not change the ranking of the severity of the sanction.
(4) The Board may impose more than
				  one sanction, provided that the most severe sanction neither exceeds the
				  maximum nor is less than the minimum sanction permitted in the chart.
(5) Any sanction may be accompanied by
				  conditions reasonably related to the offense or to the rehabilitation of the
				  offender. The inclusion of conditions does not change the ranking of the
				  sanction.
(6) If a licensee has
				  violated more than one ground for discipline as set out in the sanctioning
				  guidelines:
(a) The sanction with the highest
				  severity ranking should be used to determine which ground will be used in
				  developing a sanction; and
(b) The
				  Board may impose concurrent sanctions based on other grounds
				  violated.
(7)
				  Notwithstanding the sanctioning guidelines set forth in Regulation .12 of this
				  chapter, in order to resolve a pending disciplinary action, the Board and the
				  licensee may agree to a surrender of license or a consent order with terms,
				  sanction, and fine agreed to by the Board, the administrative prosecutor, and
				  the licensee.
(8) Depending on the
				  facts and circumstances of each case, and to the extent that the facts and
				  circumstances apply, the Board may consider the aggravating and mitigating
				  factors set out in §E(4) and (5) of this regulation and may in its
				  discretion determine, based on those factors, that an exception should be made
				  and that the sanction in a particular case should fall outside the range of
				  sanctions listed in the sanctioning guidelines.
(9) If the Board imposes a sanction that
				  departs from the sanctioning guidelines as set forth in Regulation .12 of this
				  chapter, the Board shall state its reasons for doing so in its final decision
				  and order.