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 10.32.11.16 - Sanctioning Guidelines for Respiratory Care Practitioners

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to provisions of Regulation .15F
				  and G of this chapter, the Board may impose sanctions as outlined in §B of
				  this regulation on respiratory care practitioners for violations of Health
				  Occupations Article, § 14-5 A-17(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 or temporary license for the applicant, licensed individual,
							 holder of a temporary license, or for another
Revocation
Reprimand with probation for 2 years
$5,000
$1,000
(2) Fraudulently or deceptively uses a license
Revocation
Probation
$5,000
$1,000
(3) Is guilty of unprofessional or immoral conduct in
							 the practice of respiratory care
Revocation
Reprimand
$5,000
$1,000
(4) Incompetence.
(a) Is professionally
							 incompetent
Revocation
Suspension until professional incompetence is addressed
							 to Board's satisfaction
$5,000
$500
(b) Is physically or mentally incompetent
Revocation
Suspension until physical or mental incompetence is
							 addressed to Board's satisfaction
$5,000
$0
(5) Abandons a patient
Revocation
Reprimand
$5,000
$1,000
(6) Is habitually intoxicated
Revocation
Suspension until licensee is in treatment and has been
							 abstinent for 6 months
$5,000
$0
(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
Revocation
Suspension until licensee is in treatment and has been
							 abstinent for 6 months
$5,000
$0
(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
Revocation
Suspension until licensee is in treatment and has been
							 abstinent for 6 months
$5,000
$500
(9) Promotes the sale of services, drugs, devices,
							 appliances, or goods to a patient so as to exploit the patient for financial
							 gain
Suspension for 5 years
Reprimand
$5,000
$1,000
(10) Willfully makes or files a false report or record
							 in the practice of radiation therapy, radiography, nuclear medicine technology,
							 or radiology assistance
Revocation
Reprimand
$5,000
$1,000
(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
Revocation
Reprimand
$5,000
$1,000
(12) Breaches patient confidentiality
Revocation
Reprimand
$5,000
$1,000
(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
Revocation
Reprimand
$5,000
$500
(14) Knowingly makes a misrepresentation while
							 practicing respiratory care
Revocation
Reprimand
$5,000
$1,000
(15) Knowingly practices respiratory care with an
							 unauthorized individual or aids an unauthorized individual in the practice of
							 respiratory care
Revocation
Reprimand
$5,000
$1,000
(16) Offers, undertakes, or agrees to cure or treat
							 disease by a secret method, treatment, or medicine
Revocation
Reprimand
$5,000
$1,000
(17) Is disciplined by a licensing or disciplinary
							 authority or 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
							 U.S. Department of Veterans Affairs for an act that would be grounds for
							 disciplinary action under the Board's disciplinary statutes
Penalty comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
							 licensing board 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 the original
							 licensing board if this is less than the Board fine would be
(18) Fails to meet appropriate standards for the
							 delivery of respiratory care performed in any inpatient or outpatient facility,
							 office, hospital or related institution, domiciliary care facility, patient's
							 home, or any other location in this State
Revocation
Reprimand
$5,000
$500
(19) Knowingly submits false statements to collect fees
							 for which services are not provided
Revocation
Reprimand
$5,000
$1,000
(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 this
							 section and the licensee:
(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
Penalty comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Penalty equivalent to that imposed by original
							 licensing board if this is less than the Maryland Board sanction would be
Penalty comparable to what the Board imposes under
							 equivalent Maryland ground for discipline
Fine equivalent to that imposed by the original
							 licensing board if this is less than the Board fine would be
(21) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §
														5-704, Annotated Code of
							 Maryland
Revocation
Reprimand
$5,000
$500
(22) Sells, prescribes, gives away, or administers
							 drugs for illegal or illegitimate medical purposes
Revocation
Reprimand with 3 years of probation with practice
							 oversight
$5,000
$500
(23) Practices or attempts to practice beyond the
							 authorized scope of practice
Revocation
Suspension for 3 months
$5,000
$2,500
(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
Suspension for 1 year
Reprimand
$5,000
$500
(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
Revocation
Suspension for 3 months
$5,000
$2,500
(26) Fails to cooperate with a lawful investigation
							 conducted by the Board
Revocation
Reprimand
$5,000
$1,000
(27) Fails to practice under the supervision of a
							 physician or violates a supervisory order of a supervising physician
Revocation
Suspension for 3 months
$5,000
$2,500