Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.06 - Licensure of Polysomnographic Technologists › Section 10.32.06.10 - Prohibited Conduct

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 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 or
				  licensee, or for another;
(2)
				  Fraudulently or deceptively uses a license;
(3) Is guilty of unprofessional or immoral
				  conduct in the practice of polysomnography;
(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
				  polysomnography;
(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 individual 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 polysomnography;
(15) Knowingly practices polysomnography with
				  an unauthorized individual, or aids an unauthorized individual in the practice
				  of polysomnography;
(16) Knowingly
				  delegates a polysomnographic duty to an unlicensed individual;
(17) Offers, undertakes, or agrees to cure or
				  treat disease by a secret method, treatment, or medicine;
(18) 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 U.S. Department of Veterans Affairs for an act that would be
				  grounds for disciplinary action under the Board's disciplinary
				  statutes;
(19) Fails to meet
				  appropriate standards for the delivery of polysomnographic services performed
				  in a hospital sleep laboratory or a stand-alone sleep center;
(20) Knowingly submits false statements to
				  collect fees for which services are not provided;
(21) 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 has:
(a) Surrendered the license, if any, issued
				  by the state or country; or
(b)
				  Allowed the license, if any, issued by the state or country to expire or
				  lapse;
(22) Knowingly
				  fails to report suspected child abuse in violation of Family Law Article,
				  §
											5-704, Annotated Code of
				  Maryland;
(23) Sells, prescribes,
				  gives away, or administers drugs for illegal or illegitimate medical
				  purposes;
(24) Practices or
				  attempts to practice beyond the authorized scope of practice;
(25) Is convicted of, or pleads guilty or
				  nolo contendere to, a felony or to a crime involving moral turpitude, whether
				  or not any appeal or other proceeding is pending to have the conviction or plea
				  set aside;
(26) 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;
(27) Practices or attempts to practice a
				  polysomnography procedure or uses or attempts to use polysomnography equipment
				  if the applicant or licensee has not received education and training in the
				  performance of the procedure or the use of the equipment; or
(28) Fails to cooperate with a lawful
				  investigation conducted by the Board.