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 10.41.13 - Sanctioning Guidelines › Section 10.41.13.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				  provisions of this section, the Board may impose sanctions and penalties for
				  violations of the Maryland Audiology, Hearing Aid Dispensing, and
				  Speech-Language Pathology Act and its regulations according to the guidelines
				  set forth in the following chart:
Violation
Minimum
Sanction/Penalty
Maximum
Sanction/Penalty
(1) Fraudulently or deceptively obtains or attempts to
							 obtain a license or limited license for the applicant, licensee, or holder or
							 for another
Suspension for 90 days;
$1,000 fine
Denial of license application or revocation;
$5,000 fine
(2) Fraudulently or deceptively uses a license or
							 limited license
Suspension for 90 days;
$1,000 fine
Denial of license application or revocation;
$5,000 fine
(3) Commits fraud or deceit
Probation for 30 days;
$1,000 fine
Revocation;
$5,000 fine
(4) Is convicted of or pleads guilty or nolo contendere
							 to a felony or a crime involving moral turpitude
Probation for 1 year;
$1,000 fine
Revocation;
$5,000 fine
(5) Obtains a fee through fraud or
							 misrepresentation
Suspension for 90 days;
$1,000 fine
Revocation;
$5,000 fine
(6) Directly or indirectly employs any unlicensed
							 person or person whose license has been suspended
Reprimand
Suspension for 90 days;
$1,000 fine
(7) Uses or promotes or causes the use of any
							 misleading advertising
Reprimand
Suspension for 1 year;
$5,000 fine
(8) Falsely represents oneself as a physician or
							 doctor
Reprimand
Suspension for 1 year;
$5,000 fine
(9) Permits another person to use the license of the
							 licensee or limited licensee of the holder
Suspension for 90 days;
$1,000 fine
Revocation;
$5,000 fine
(10) Commits any act of unprofessional conduct
Reprimand
Suspension for 1 year;
$1,000 fine
(11) Violates any lawful order of the Board
Reprimand;
$1,000 fine
Revocation;
$5,000 fine
(12) Violates any provision of Health Occupations
							 Article, Title 2, Annotated Code of Maryland
Reprimand
Suspension for 1 year;
$1,000 fine
(13) Provides professional services while under the
							 influence
Probation for 1 year;
$1,000 fine
Revocation;
$5,000 fine
(14) Is disciplined by a licensing or disciplinary
							 authority of any other state or country
Reprimand
Denial of license application;
$5,000
							 fine
(15) Practicing with an unauthorized person
Reprimand;
$500 fine
Revocation;
$5,000 fine
(16) Knowingly makes or files a false report or
							 record
Probation for 1 year;
$500 fine
Revocation;
$5,000 fine
(17) Knowingly fails to file or record any report or
							 record
Reprimand;
$500 fine
Revocation;
$5,000 fine
(18) Submits a false statement to collect a fee
Reprimand;
$1,000 fine
Revocation;
$5,000 fine
(19) Professionally, physically, or mentally
							 incompetent
Reprimand
Revocation;
$5,000 fine
(20) Exploiting patient for financial gain
Probation for 1 year;
$1,000 fine
Revocation;
$5,000 fine
(21) Immoral behavior
Reprimand
Revocation;
$5,000 fine
(22) Discrimination against HIV or HIV positive
							 patient
Reprimand
Suspension for 90 days;
$1,000 fine
(23) Paying for referrals
Suspension for 90 days
Suspension for 1 year
(24) Violation of COMAR 10.41.02 Code of Ethics
Reprimand
Revocation;
$5,000 fine
(25) Violates the Door-to-Door Sales Act and Hearing
							 Aid Sales Act
Reprimand
Revocation;
$5,000 fine
(26) Violates any Food and Drug Administration law or
							 regulation governing the sale of hearing aids
Reprimand
Suspension;
$1,000 fine
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this chapter, the category or categories containing the highest maximum
				  sanction and penalty shall prevail.
C. Notwithstanding the guidelines set forth
				  in this chapter, in order to resolve a pending disciplinary action, the Board
				  and licensee may agree to a surrender of license or a consent order with terms,
				  sanction, and penalty agreed to by the Board and the licensee.
D. A departure from the guidelines set forth
				  in this chapter alone is not grounds for any hearing or appeal of a Board
				  action.