reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.07 - Civil Penalties › Section 10.40.07.03 - Authority to Impose Civil Monetary Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a hearing under Health Occupations
				  Article, §
										16-313, Annotated
				  Code of Maryland, and COMAR 10.40.05, the Board may impose a civil monetary
				  penalty of no less than $1,000 and no more than $50,000 under this chapter
				  against an individual who commits a violation.
B. A penalty under §A of this regulation
				  may be imposed:
(1) In addition to any
				  reprimand, probation, suspension, or revocation; and
(2) For each occasion the licensee commits a
				  violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.07 - Civil Penalties › Section 10.40.07.04 - Factors to be Considered in the Assessment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall consider the following factors in
					 determining whether to impose a penalty and the amount of any penalty:
A. The extent to which the individual derived
				  any financial benefit from the violation;
B. The willfulness of the improper
				  conduct;
C. The extent of actual or
				  potential public harm caused by the violation;
D. The cost of investigating and prosecuting
				  the case against the individual;
E.
				  The individual's history of any previous violation; and
F. If the penalty being imposed is for
				  unauthorized practice, the length of time in which the individual engaged in
				  the unauthorized practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.07 - Civil Penalties › Section 10.40.07.05 - Payment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  individual shall pay to the Board, on the date of its order, any administrative
				  monetary penalty imposed under this chapter.
B. Filing an appeal does not stay payment of
				  any penalty imposed by the Board under this chapter.
C. If an individual fails to pay, in whole or
				  in part, any penalty imposed by the Board under this chapter, the Board may not
				  restore, reinstate, or renew the license of the individual until the penalty
				  has been paid in full.
D. The Board
				  may refer all cases of delinquent payment to the Central Collection Unit of the
				  Department of Budget and Fiscal Planning to institute and maintain proceedings
				  and ensure prompt payment.
E. The
				  Board shall pay into the General Fund of the State all monies collected under
				  this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.08 - Interpretation of Terms in the Maryland Podiatry Act › Section 10.40.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations define and interpret certain terms used
					 in the Maryland Podiatry Act, Health Occupations Article, Title 16, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.08 - Interpretation of Terms in the Maryland Podiatry Act › Section 10.40.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the Maryland
				  Podiatry Act, the following words have the meanings indicated.
B. Terms Defined.
(1) "Abandons a patient" includes but is not
				  limited to the failure to treat a patient with whom the podiatrist has had a
				  continual patient-podiatrist relationship, for any reason, including nonpayment
				  of a bill, without giving the patient reasonable notice that the relationship
				  is terminated.
(2) "Foot appliance"
				  means orthotics or prosthetics.
(3)
				  "Postgraduate clinical training" means training beyond the Doctor of Podiatric
				  Medicine degree in a program that is accredited by the Council on Podiatric
				  Medical Education of the American Podiatric Medical Association and approved by
				  the Board.
(4) "Practiced actively"
				  means for the immediately preceding 5 years has been actively engaged in the
				  practice of podiatric medicine for at least 400 hours on average per
				  year.
(5) "Unprofessional conduct"
				  includes but is not limited to:
(a) Willful or
				  grossly negligent failure to comply with substantial provisions of federal or
				  State laws, rules, or regulations governing the practice of podiatric
				  medicine;
(b) Exercising undue
				  influence on a patient including the promotion or the sale of services, goods,
				  appliances, or drugs in such manner as to exploit the patient for the financial
				  gain of the practitioner or a third party;
(c) Conduct in the practice of podiatric
				  medicine which evidences moral unfitness to practice the profession;
(d) Practicing or offering to practice beyond
				  the scope permitted by law, or accepting and performing professional
				  responsibilities which the podiatrist knows or has reason to know the
				  podiatrist is not competent to perform;
(e) Delegating podiatric medical
				  responsibilities to a person when the podiatrist delegating these
				  responsibilities knows or has reason to know that the person is not qualified
				  by training, experience, or licensure to perform them;
(f) Performing podiatric medical services
				  which have not been duly authorized by the patient or the patient's legal
				  representative;
(g) Ordering of
				  excessive tests, treatment, or use of treatment facilities not warranted by the
				  condition of the patient;
(h)
				  Claiming or using any secret or special method of treatment which the
				  podiatrist refuses to divulge to the Board upon request; or
(i) Fragmentation of a general procedure to
				  increase the reimbursement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.08 - Interpretation of Terms in the Maryland Podiatry Act › Section 10.40.08.03 - Examples of Fragmentation of Billing

Current through Register Vol. 51, No. 14, July 12, 2024
A. By way of illustration, but not
				  limitation, fragmentation of billing in Regulation .02B(3)(i), of this chapter,
				  includes breaking the following general procedures into the following listed
				  specific procedures:
(1) Keller bunionectomy
				  - a multi-step procedure, which may include any or all of the following:
(a) Resection of medial eminence 1st
				  metatarsal head;
(b) Resection base
				  of proximal phalanx;
(c)
				  Capsulotomy/capsulorrhaphy;
(d)
				  Z-plasty of extensor tendon; and
(e) Sesamoidectomy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.09 - Compelling Purpose Disclosure › Section 10.40.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  permits the Board to disclose investigative information to other agencies, or
				  other entities, or both, under certain circumstances.
B. A custodian may disclose information in a
				  licensing or investigative file if the custodian determines that a compelling
				  public purpose exists to warrant disclosure.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.09 - Compelling Purpose Disclosure › Section 10.40.09.02 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian may find that a compelling public purpose
					 warrants disclosure of information in a licensing or investigative file,
					 regardless of whether there has been a request for the information, and may
					 disclose the information under the following circumstances:
A. The information concerns possible criminal
				  activity, and is disclosed to a federal, state, or local law enforcement or
				  prosecutorial official or authority;
B. The information concerns a possible
				  violation of law, and is disclosed to a federal, state, or local authority that
				  has jurisdiction over the individual whose conduct may be a violation, and the
				  information disclosed is limited to information relevant to the possible
				  violation by that individual; or
C.
				  The information concerns conduct by an individual which the Board reasonably
				  believes may pose a risk to the public health, safety, or welfare, and is
				  disclosed to a law enforcement authority, administrative official or agency
				  that regulates the individual, or to a hospital or other health care facility
				  where the individual has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.09 - Compelling Purpose Disclosure › Section 10.40.09.03 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prevent or limit the ability of the
					 Board to disclose general licensing information as provided in State Government
					 Article, §
										10-617(h),
					 Annotated Code of Maryland, or any information which the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.10 - General Provisions › Section 10.40.10.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless licensed
				  by the Board, an individual may not examine, diagnose, or surgically,
				  medically, or mechanically treat:
(1) The
				  human foot or ankle;
(2) The
				  anatomical structures that attach to the human foot; or
(3) The soft tissue below the
				  mid-calf.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.11 - Sanctioning Guidelines › Section 10.40.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for use as a guide for
					 the imposition of disciplinary sanctions against any Maryland licensed
					 podiatrist, if after a hearing the Board finds that there are grounds under
					 Health Occupations Article, §
										16-311, Annotated
					 Code of Maryland, to place a licensee on probation, reprimand, suspend, fine,
					 or revoke a license. The Board may consider aggravating and mitigating factors
					 in determining sanctions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.11 - Sanctioning Guidelines › Section 10.40.11.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Board of Podiatric
				  Medical Examiners.
(2) "Licensee"
				  means an individual who holds a license or a limited license to practice
				  podiatry in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.11 - Sanctioning Guidelines › Section 10.40.11.03 - General Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter shall be used by the Board as a guide for sanctioning
				  licensees.
B. The Board is not
				  required to make findings of fact with respect to any of the factors for
				  determining the sanction indicated by the sanctioning guidelines.
C. A departure from the sanctioning
				  guidelines alone is not a ground for any hearing or appeal of a Board
				  action.
D. Notwithstanding this
				  chapter, in order to resolve a disciplinary matter, the Board and the licensee
				  may agree to a surrender of license or a consent order with terms, conditions,
				  and sanctions agreed to by the Board and the licensee.
E. In a case where there are multiple and
				  distinct violations, the Board may impose a sanction greater than the maximum
				  indicated in Regulation .04 of this chapter for each individual
				  violation.
F. If probation is
				  imposed, the Board may impose appropriate terms and conditions of probation,
				  and if a licensee violates the terms or conditions of probation, the Board may
				  take further disciplinary action against the licensee.
G. In the event the licensee's violation does
				  not fall within the sanction range, the Board shall so indicate and use its
				  best judgment to determine the appropriate sanction and shall consider, to the
				  extent possible, the factors in Regulation .05 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.11 - Sanctioning Guidelines › Section 10.40.11.05 - Mitigating and Aggravating Factors

Current through Register Vol. 51, No. 14, July 12, 2024
Depending upon the facts and circumstances of each case,
					 and to the extent that they apply, the Board may consider the following
					 mitigating and aggravating factors in determining whether the sanction in a
					 particular case should fall outside of the range of sanctions established by
					 the guidelines. These factors may include, but are not limited, to the
					 following:
A. Mitigating factors:
(1) Absence of a prior disciplinary
				  record;
(2) The licensee having
				  reported the violation to the Board;
(3) The licensee having voluntarily admitted
				  violation, provided full disclosure to the Board, and cooperated during Board
				  proceedings;
(4) The licensee
				  having implemented remedial measures to correct or mitigate harm arising from
				  the violation;
(5) The licensee
				  having made a timely good-faith effort to make restitution or otherwise rectify
				  the consequences of the violation;
(6) Evidence of rehabilitation or potential
				  for rehabilitation;
(7) Absence of
				  premeditation to commit the violation;
(8) Absence of potential harm to or adverse
				  impact on the public;
(9) Isolated
				  incident and not likely to recur; and
(10) The licensee's prior community service
				  and present value to the community; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of podiatry using telehealth as an adjunct to, or
				  replacement for, in-person patient visits.
B. Nothing in this chapter restricts or
				  limits reimbursement requirements pursuant to Health-General Article and
				  Insurance Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Asynchronous" means not occurring in
				  real time.
(2) "In-person" means
				  within the physical presence of the patient.
(3) "Interpretive services" means reading and
				  analyzing images, tracings, or specimens through telehealth or giving
				  interpretations based on visual, auditory, thermal, or ultrasonic patterns or
				  other patterns as may evolve with technology.
(4) "Remote patient monitoring" means the use
				  of telehealth devices to collect medical and other forms of health data from
				  patients that are securely provided to a telehealth practitioner in a different
				  location for assessment, recommendation, and diagnosis.
(5) "Store and forward technology" means the
				  asynchronous transmission of digital images, documents, and videos
				  electronically through secure means.
(6) "Synchronous" means occurring in real
				  time.
(7) "Telehealth" has the
				  meaning stated in Health Occupations Article, §
											1-1001, of the
				  Annotated Code of Maryland.
(8)
				  "Telehealth devices" means devices that gather visual or other data and
				  remotely send the images or data to a telehealth practitioner in a different
				  location from the patient.
(9)
				  "Telehealth practitioner" means a Maryland-licensed podiatrist performing
				  telehealth services within the scope of
				  practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 Title 16, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner
					 shall be licensed in Maryland when providing telehealth services to a patient
					 located in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.04 - Standards of Practice for Telehealth

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  providing telehealth services, a telehealth practitioner shall develop and
				  follow a procedure to:
(1) Verify the
				  identification of the patient receiving telehealth services through use of:
(a) A government-issued photograph
				  identification;
(b) An insurance,
				  Medicaid, or Medicare card; or
(c)
				  Documentation of the patient's:
(i) Date of
				  birth; and
(ii) Home
				  address;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.05 - Patient Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when
				  providing asynchronous telehealth services or remote patient monitoring, a
				  telehealth practitioner shall:
(1) Perform a
				  clinical patient evaluation adequate to establish a diagnosis and identify
				  underlying conditions or contraindications to recommended treatment options
				  before providing treatment or prescribing medication through telehealth;
				  and
(2) If clinically appropriate
				  for the patient, provide or refer a patient to:
(a) In-person health care services;
				  or
(b) Another type of telehealth
				  service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.12 - Telehealth › Section 10.40.12.06 - Telehealth Practitioner Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall use the same standards of evaluating and investigating a complaint about
				  and in disciplining a licensee who practices telehealth as it would use for a
				  licensee who does not use telehealth technology in the licensee's
				  practice.
B. The failure of a
				  telehealth practitioner to comply with Regulations .04 and .05 of this chapter
				  shall constitute unprofessional conduct and may be subject to disciplinary
				  action by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.01 - Collection of Fees › Section 10.41.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs all persons licensed as audiologists,
					 hearing aid dispensers, speech-language pathologists, or speech-language
					 pathology assistants in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.01 - Collection of Fees › Section 10.41.01.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application fee
				  for full audiology or speech-language pathology license ... $150
B. Hearing aid dispenser examination fee ...
				  $150
C. Repeat hearing aid
				  dispenser written examination ... $100
D. Waiver of hearing aid dispenser written
				  examination ... $100
E. Biennial
				  renewal of license fee ... $250
F.
				  Biennial renewal of dual audiology/speech-language pathology license fee ...
				  $400
G. Late fee for renewal of
				  license ... $100
H. Reinstatement
				  of expired license:
(1) Fee to reinstate an
				  expired license where the licensee did not actively practice in another state
				  ... $200;
(2) Fee to reinstate an
				  expired license where the licensee was actively licensed and practicing in
				  another state ... $50
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.01 - Collection of Fees › Section 10.41.01.03 - Changes in Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees are
				  subject to change by action of the Boards of Examiners. All licensees and
				  applicants will be notified of changes.
B. Application forms should be requested
				  from: Board of Audiologists, Hearing Aid Dispensers, and Speech-Language
				  Pathologists, Maryland State Department of Health and Mental Hygiene, 4201
				  Patterson Avenue, Baltimore, MD 21215-2299.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.01 - Collection of Fees › Section 10.41.01.04 - Fee Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
An audiologist, hearing aid dispenser, or speech-language
					 pathologist who holds a current license is exempt from paying the license
					 verification fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.01 - Collection of Fees › Section 10.41.01.05 - Refunds, Proration, Prohibition

Current through Register Vol. 51, No. 14, July 12, 2024
Fees paid to the Board are nonrefundable and may not be
					 prorated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.02 - Code of Ethics › Section 10.41.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs individuals licensed as audiologists,
					 hearing aid dispensers, speech-language pathologists, or speech-language
					 pathology assistants in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.02 - Code of Ethics › Section 10.41.02.02 - Ethical Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall consider paramount the welfare of individuals served
				  professionally.
B. Necessary
				  Training. The licensee shall:
(1) Obtain
				  proper training for the services the licensee provides; and
(2) Be prepared to document, at the request
				  of the Board, any training obtained.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.02 - Code of Ethics › Section 10.41.02.03 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee may
				  not include statements in advertising that:
(1) Misrepresent facts;
(2) Are likely to mislead or deceive because
				  in context the statements make only a partial disclosure of relevant
				  facts;
(3) Are intended to or are
				  likely to create false or unjustified expectations of favorable
				  results;
(4) Relate to fees without
				  reasonable disclosure of all relevant variables so that the statement would not
				  be misunderstood or be deceptive to laypersons;
(5) Convey the impression that the licensee
				  could influence improperly any public body, official, corporation, or any
				  person on behalf of the individual served professionally;
(6) Contain representations or implications
				  that in reasonable probability can be expected to cause an ordinarily prudent
				  person to misunderstand or be deceived;
(7) Contain representations that the licensee
				  is willing to perform a procedure which is illegal in Maryland or the United
				  States; or
(8) Falsely disparage
				  competitors, the competitors' products, or the competitors' methods of doing
				  business.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.02 - Code of Ethics › Section 10.41.02.04 - Special Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall seek open professional discussion of all theoretical and
				  practical issues, but avoid personal invective directed toward professional
				  colleagues or members of allied professions.
B. The licensee shall guard against conflicts
				  of professional interest.
C. The
				  licensee may not enter into a commercial agreement that financially exploits an
				  individual served professionally.
D. The licensee may not engage in commercial
				  activities that conflict with the licensee's responsibilities to individuals
				  served professionally.
E. The
				  licensee may not discriminate on the basis of race, religion, gender, age,
				  national origin, sexual orientation, or handicapping condition in the
				  licensee's professional relationships with colleagues or individuals served
				  professionally.
F. The licensee may
				  not provide professional services without exercising independent professional
				  judgment, regardless of referral source or prescription.
G. The licensee may delegate duties to
				  support personnel under the supervision of the licensee if the delegated duties
				  do not require the professional skill and judgment specific to the licensee's
				  scope of practice.
H. The licensee
				  shall maintain adequate records of professional services rendered and products
				  dispensed, and shall allow access to these records when appropriately
				  authorized.
I. The licensee shall
				  withdraw from professional practice when substance abuse or emotional, mental,
				  or physical disability may adversely affect the quality of services
				  rendered.
J. The licensee who has
				  reason to believe that another licensee has violated the Code of Ethics shall
				  inform the Board.
K. The licensee
				  shall cooperate fully with the Board in an investigation and adjudication of
				  matters related to the Code of Ethics.
L. The licensee may not construe the failure
				  to specify a particular responsibility or practice in this chapter as
				  indicating that the responsibility or practice is not equally as important as
				  those specified. An act that is in violation of the spirit and purpose of the
				  Code of Ethics constitutes unprofessional conduct and may result in
				  disciplinary action against the licensee under Health Occupations Article,
				  §
										2-314, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern an individual practicing as a
					 speech-language pathologist or audiologist, or both, in
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accredited educational institution"
				  means:
(a) A college or university located in
				  the U.S. whose program has been accredited by a national accrediting
				  association recognized by the:
(i) Council
				  for Higher Education Accreditation; or
(ii) United States Department of Education;
				  or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.03 - Requirements for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Limited Licensure.
(1) A person who has met
				  all requirements for licensure except supervised post-graduate professional
				  experience or examination, or both, may apply for limited licensure.
(2) An individual seeking limited licensure
				  shall fulfill the following requirements:
(a)
				  Hold a master's degree in speech-language pathology or a doctoral degree in
				  audiology, or both, from an accredited educational institution having a
				  graduate or doctoral program in either field;
(b) Have met the academic and practicum
				  requirements for a Certificate of Clinical Competence of the American
				  Speech-Language-Hearing Association or Board Certification in Audiology from
				  the American Board of Audiology that were in effect at the time a master's
				  degree in speech pathology or doctoral degree in either field was obtained;
				  and
(c) Demonstrate oral English
				  competency as follows:
(i) Completion of at
				  least 60 credits from an undergraduate college or university where English was
				  the language of instruction throughout the applicant's inclusive dates of
				  attendance; or
(ii) Achievement of
				  a minimum score as defined by the Board on the Test of English as a Foreign
				  Language (TOEFL) within the 2 years preceding license application.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.04 - Fees for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
The fees for licensure shall be nonrefundable and may not
					 be prorated. A license shall become effective on the date of
					 issue.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.05 - Renewal of Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Limited
				  Licensure. A limited license shall be effective for 1 year from the date of
				  issue and may be renewed once for one additional year on Board approval. The
				  Board will renew a limited license if the limited licensee:
(1) Has not yet passed the national
				  examination;
(2) Has a part-time
				  supervised post-graduate position requiring additional weeks of employment;
				  or
(3) Has a reason for renewal of
				  the limited license that is acceptable to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.06 - Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Required Continuing Education Units.
(1)
				  Within the 2-year renewal period immediately preceding the licensee's
				  application for renewal, the licensee shall earn 30 continuing education units
				  (CEUs) as follows:
(a) A minimum of 20 CEUs
				  in the area of licensure; and
(b)
				  No more than 10 CEUs in areas related to speech-language pathology or audiology
				  or both, including practice management.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.07 - Licensee Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A licensee shall notify the Board in writing of a change of:
(1) Mailing address within 30 days after the
				  change;
(2) Name within 30 days
				  after the change; or
(3) Email
				  address within 30 days after the change if the licensee has previously
				  submitted an email address to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.03 - Licensure and Continuing Education › Section 10.41.03.08 - Incomplete Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  an incomplete application is submitted to the Board, the Board shall notify the
				  applicant within 30 days after receipt of an incomplete application of the
				  materials that are required.
B. An
				  application is not complete until all required material, including the
				  application fee and supporting documentation, is received by the
				  Board.
C. If the applicant fails to
				  provide the required documentation within 1 year of receipt of the initial
				  receipt, the Board may administratively close the application.
D. An applicant whose application is
				  administratively closed may reapply and submit with the new application proof
				  of compliance with:
(1) This subtitle;
				  and
(2) Health Occupations Article,
				  Title 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Board of Examiners for Audiologists, Hearing Aid
					 Dispensers, and Speech-Language Pathologists.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential. The parties may not waive the confidentiality provided by this
				  regulation.
B. The Office of
				  Administrative Hearings' proceedings involving the adjudication of a
				  Board-contested case and the administrative law judge's recommended decision
				  are confidential. The respondent may not waive the confidentiality of the
				  proceedings or of the patients whose medical records or care are reflected in
				  the record of the proceedings.
C.
				  To the extent possible, even after a final order is issued by the Board, the
				  parties may not reveal legal documents, oral statements, or information that
				  would reveal the identity of any patients referred to in the Board's
				  order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel in any matter before the Board and at
				  any stage of the proceedings.
B. If
				  the matter goes to a hearing, the respondent shall be represented in proper
				  person or by an attorney who has been admitted to the Maryland Bar or specially
				  admitted to practice law under Maryland Rules, Rules Governing Admission to the
				  Bar of Maryland, Rule 14, Annotated Code of Maryland.
C. In all proceedings, the Board may be
				  represented by and obtain advice of counsel assigned to it by the Office of the
				  Attorney General.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.05 - Proceedings under Health Occupations Article, Section2-314, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Investigation of Complaints.
(1) The Board
				  may:
(a) Make a preliminary review of each
				  complaint; and
(b) Recommend that
				  cases involving complaints over which the Board lacks jurisdiction be closed or
				  referred to the appropriate agency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.06 - Sanctions, Hearings, and Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surrender of License.
(1) The Board may require conditions for
				  surrender of a license, including:
(a) An
				  admission of a violation of the Maryland Audiologists, Hearing Aid Dispensers,
				  and Speech-Language Pathologists Act;
(b) An admission of facts;
(c) A statement of the circumstances under
				  which the surrender was offered or accepted;
(d) Restrictions on future
				  licensure;
(e) Conditions for
				  reinstatement of the license; or
(f) An agreement that the respondent may not
				  apply for reinstatement of the license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.07 - Summary Suspension of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to its authority under State
				  Government Article, §
										10-226(c)(2),
				  Annotated Code of Maryland, the Board shall order the summary suspension of a
				  license if the Board determines that there is a substantial likelihood that a
				  licensee poses a risk of harm to the public health, safety, or
				  welfare.
B. Notice of Intent to
				  Summarily Suspend.
(1) Based on information
				  gathered in an investigation or otherwise provided to the Board, the Board may
				  vote to issue:
(a) A notice of intent to
				  summarily suspend a license; or
(b)
				  An order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.08 - Probation and Violation of Probation Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which the Board
				  considers appropriate, including but not limited to:
(1) Reeducation or completion of approved
				  courses;
(2) Payment of a
				  fine;
(3) Providing free audiology,
				  hearing aid dispensing, or speech-language pathology services in a
				  Board-approved program;
(4)
				  Practicing under supervision;
(5)
				  Monitoring by the Board or by an individual or entity approved by the Board,
				  with periodic reporting to the Board;
(6) Periodic review of a licensee's clinical
				  practices or billing;
(7) Periodic
				  audits of a licensee's billing practices;
(8) An examination by a physician or other
				  appropriate health care provider;
(9) Limitation of the licensee's
				  practice;
(10) Obtaining a passing
				  score on an appropriate examination; or
(11) Any other condition the Board considers
				  appropriate for the rehabilitation or retraining of a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.09 - Restoration of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Reinstatement.
(1) A licensee shall petition
				  the Board for termination of a suspension of a license or a reinstatement after
				  revocation or surrender of a license.
(2) A licensee that petitions the Board for
				  reinstatement under the terms and conditions for reinstatement set out in a
				  final order, letter of surrender, or other order of the Board, shall apply for
				  reinstatement only under those terms and conditions.
(3) A licensee whose license has been revoked
				  or surrendered for 5 or more years before filing a petition for reinstatement
				  is ineligible for reinstatement but may apply for initial licensure.
(4) In addition to complying with any
				  conditions for reinstatement ordered by the Board, an applicant for
				  reinstatement shall:
(a) File an application
				  for reinstatement with the Board; and
(b) Meet the requirements for
				  reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.10 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A final order of the Board is subject to judicial review as
					 provided in Health Occupations Article, §
										2-316, Annotated
					 Code of Maryland and State Government Article, §
										10-222, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.11 - Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				  establishes the standards by which the Board may impose a fine not exceeding
				  $1,000.
B. After a hearing under
				  Health Occupations Article, §
										2-315, Annotated
				  Code of Maryland, and COMAR 10.41.04, the Board may impose a fine, in addition
				  to, or instead of:
(1) Reprimanding a
				  licensee;
(2) Placing a licensee on
				  probation; or
(3) Suspending or
				  revoking a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.05 - Master's Degree Equivalency - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.06 - Telehealth › Section 10.41.06.01 - cope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of audiology, hearing aid dispensing, speech-language
				  pathology, and music therapy using telehealth as an adjunct to, or replacement
				  for, in-person patient visits.
B.
				  Nothing in this chapter restricts or limits reimbursement requirements pursuant
				  to Health-General Article and Insurance Article, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.06 - Telehealth › Section 10.41.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Asynchronous" means not occurring in
				  real time.
(2) "Board" means the
				  State Board of Examiners for Audiologists, Hearing Aid Dispensers,
				  Speech-Language Pathologists, and Music Therapists.
(3) "In-person" means in the physical
				  presence of the patient.
(4)
				  "Interpretive services" means reading and analyzing images, tracings, or
				  specimens through telehealth or giving interpretations based on visual,
				  auditory, thermal, or ultrasonic patterns or other patterns as may evolve with
				  technology.
(5) "Synchronous" means
				  occurring in real time.
(6)
				  "Telehealth" has the meaning stated in Health Occupations Article, §
											1-1001, Annotated
				  Code of Maryland.
(7) "Telehealth
				  practitioner" means:
(a) A Maryland licensee
				  of the Board of Examiners for Audiologists, Hearing Aid Dispensers,
				  Speech-Language Pathologists, and Music Therapists performing telehealth
				  services within their respective scope of practice; or
(b) An audiologist or speech-language
				  pathologist with a compact privilege in Maryland performing telehealth services
				  within their respective scope of
				  practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.06 - Telehealth › Section 10.41.06.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 Title 2, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner
					 shall be licensed in Maryland when providing telehealth services to a patient
					 located in the State.