Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.17 - Sanctioning and Imposition of Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Application of Sanctioning
				  Guidelines.
(1) Sections A and B of this
				  regulation and Regulation .18A and B of this chapter do not apply to offenses
				  for which a mandatory sanction is set by statute or regulation.
(2) Except as provided in §B of this
				  regulation, for violations of the sections of the Physician Assistants 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 §A(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 shall 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 .18 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 §B(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 .18 of this
				  chapter, the Board shall state its reasons for doing so in its final decision
				  and order.