Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.11 - Licensing of Respiratory Care Practitioners › Section 10.32.11.13 - Denials, Reprimands, Suspensions, and Revocations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the hearing provisions of
				  Health Occupations Article, §
										14-405, Annotated
				  Code of Maryland, the Board, on the affirmative vote of a majority of a quorum,
				  may deny a license to any applicant, reprimand any licensee, place any licensee
				  on probation, or suspend or revoke a license if the applicant or licensee:
(1) Fraudulently or deceptively obtains or
				  attempts to obtain a license for the applicant, licensee, or for
				  another;
(2) Fraudulently or
				  deceptively uses a license;
(3) Is
				  guilty of unprofessional or immoral conduct in the practice of respiratory
				  care;
(4) Is professionally,
				  physically, or mentally incompetent;
(5) Abandons a patient;
(6) Is habitually intoxicated;
(7) Is addicted to or habitually abuses any
				  narcotic or controlled dangerous substance as defined in Criminal Law Article,
				  §
											5-101, Annotated Code of
				  Maryland;
(8) Provides professional
				  services while:
(a) Under the influence of
				  alcohol; or
(b) Using any narcotic
				  or controlled dangerous substance as defined in Criminal Law Article, §
												5-101, Annotated Code of
				  Maryland, or any other drug that is in excess of therapeutic amounts or without
				  valid medical indication;
(9) Promotes the sale of services, drugs,
				  devices, appliances, or goods to a patient so as to exploit the patient for
				  financial gain;
(10) Willfully
				  makes or files a false report or record in the practice of respiratory
				  care;
(11) Willfully fails to file
				  or record any report as required under law, willfully impedes or obstructs the
				  filing or recording of a report, or induces another to fail to file or record a
				  report;
(12) Breaches patient
				  confidentiality;
(13) Pays or
				  agrees to pay any sum or provide any form of remuneration or material benefit
				  to any person for bringing or referring a patient or accepts or agrees to
				  accept any sum or any form of remuneration or material benefit from an
				  individual for bringing or referring a patient;
(14) Knowingly makes a misrepresentation
				  while practicing respiratory care;
(15) Knowingly practices respiratory care
				  with an unauthorized individual or aids an unauthorized individual in the
				  practice of respiratory care;
(16)
				  Offers, undertakes, or agrees to cure or treat disease by a secret method,
				  treatment, or medicine;
(17) Is
				  disciplined by a licensing or disciplinary authority, is convicted or
				  disciplined by a court of any state or country, or is 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 the Board's
				  disciplinary statutes;
(18) Fails
				  to meet appropriate standards for the delivery of respiratory care performed in
				  any:
(a) Inpatient or outpatient
				  facility;
(b) Office;
(c) Hospital or related
				  institution;
(d) Domiciliary care
				  facility;
(e) Patient's home;
				  or
(f) Other location in this
				  State;
(19) Knowingly
				  submits false statements to collect fees for which services are not
				  provided;
(20) Has been 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 the Board's disciplinary statutes and the licensed
				  individual:
(a) Surrendered the license issued
				  by the state or country; or
(b)
				  Allowed the license issued by the state or country to expire or
				  lapse;
(21) Knowingly
				  fails to report suspected child abuse in violation of Family Law Article,
				  §
											5-704, Annotated Code of
				  Maryland;
(22) Sells, prescribes,
				  gives away, or administers drugs for illegal or illegitimate medical
				  purposes;
(23) Practices or
				  attempts to practice beyond the authorized scope of practice;
(24) 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;
(25) Practices or attempts to practice a
				  respiratory care procedure or uses or attempts to use respiratory care
				  equipment if the applicant or licensee has not received education and training
				  in the performance of the procedure or the use of the equipment;
(26) Fails to cooperate with a lawful
				  investigation conducted by the Board; or
(27) Fails to practice under the supervision
				  of a physician or violates a supervisory order of a supervising
				  physician.