Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.10 - Disciplinary Sanctions and Monetary Penalties › Section 10.57.10.04 - Guidelines for Disciplinary Sanctions or Imposition of a Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				  provisions of this section, the Board may impose the following sanctions and
				  penalties for violations of the Maryland Certification of Residential Child
				  Care Program Professionals Act and its regulations according to the minimum and
				  maximum sanctions and penalties set forth in the following categories:
(1) Fraudulently or Deceptively Obtains,
				  Attempts to Obtain a Certificate.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Suspension
Denial of application or revocation
Suspension to denial of application or revocation of
							 certificate
(2) Fraudulently or Deceptively Uses a
				  Certificate.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Suspension
Revocation
Suspension to revocation of certificate
(3) Criminal Convictions or Nolo
				  Contendere.(whether or not any appeal or other proceeding is pending to have
				  the conviction set aside).
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Convicted of or pleads guilty or nolo contendere to
							 a felony or to a crime involving moral turpitude
Suspension for 1 year and probation
for 1
							 year with conditions
Denial of application or revocation
Suspension for 1 year and probation for 1 year with
							 conditions
(b) Has been convicted of or pleads guilty or nolo
							 contendere for assault or a drug-related offense or violation of the Courts and
							 Judicial Proceedings Article, § 8-838 or 3-8 A-30, Annotated Code of
							 Maryland, within 5 years of applying for certification or renewal
N/A
Denial of application or revocation
Denial of application or revocation
(c) Indicated finding of child abuse or neglect or
							 conviction for child abuse or neglect, spousal abuse, rape, sexual assault,
							 homicide, or any crime against children
N/A
Denial of application or revocation
Denial of application or revocation
(4) Impairment (mentally, physically, or
				  through the use of drugs or alcohol).
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Mental impairment
Suspension
Denial of application or revocation
Suspension to denial of application or revocation
(b) Physical Impairment
Suspension
Denial of application or revocation
Suspension to Denial of application or revocation
(c) Misuse of drugs or alcohol without harm to
							 others
Suspension for 2 years and probation
for
							 up to 5 years, and conditions
Denial of application or revocation
Suspension for 2 years and probation for up to 5 years,
							 and conditions to Denial of application or revocation
(d) Misuse of drugs or alcohol with client harm or a
							 risk of client harm
Denial of application
Revocation
Denial of application or revocation
(5) Reciprocal Discipline.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Conduct resulting in no physical or psychological
							 harm
Reprimand
Denial of application, reprimand and
probation for up to 3 years, and conditions
Reprimand to Denial of application, reprimand and
							 probation for up to 3 years, and conditions
(b) Conduct resulting in physical or psychological harm
							 or a risk of physical or psychological harm.
Suspension for 3 years, without stay
and
							 probation for up to 3 years, and conditions
Denial of application or revocation
Suspension for 3 years, without stay and probation for
							 up to 3 years, and conditions to denial of application or revocation
(c) Misrepresentation or fraud
Suspension for 2 years, without stay
and
							 probation for 2 years, and conditions
Denial of application or revocation
Suspension for 2 years, without stay and probation for
							 2 years, and conditions to denial of application or revocation
(d) Conduct not provided for in (a)-(c) above
Reprimand
Revocation
Reprimand to revocation
(6) Unauthorized Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Knowingly allows an unauthorized individual to
							 practice without harm to client
Reprimand with conditions
Denial of application or revocation
Reprimand with conditions to denial of application or
							 revocation
(b) Knowingly allows an unauthorized individual to
							 practice with greater than minimal client harm
Suspension for 5 years without stay for 30 days,
and probation for 5 years, and condition
Denial of application or revocation
Suspension for 5 years without stay for 30 days, and
							 probation for 5 years, and condition to denial of application or
							 revocation
(c) An authorized individual practices outside their
							 scope of practice without client harm or minimal client harm
Reprimand with conditions
Denial of application or revocation
Reprimand with conditions to denial of application or
							 revocation
(d) An authorized individual practices outside their
							 scope of practice with greater than minimal client harm
Suspension for 5 years without stay for 30 days,
and probation for 5 years, and condition
Denial of application or revocation
Suspension for 5 years without stay for 30 days, and
							 probation for 5 years, and condition to denial of application or
							 revocation
(7) Willfully Makes or Files a False Report,
				  Willfully Fails, Obstructs the Filing, or Induces Another to Fail to File or
				  Record a Report as Required by Law.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Suspension
Denial of application or revocation
Suspension to denial of application or revocation
(8) Unprofessional Conduct in Performing
				  Duties.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Unprofessional conduct resulting in no physical or
							 psychological harm to a client
Reprimand and conditions
Suspension for up to 2 years and probation
for up to 2 years, conditions
Reprimand and conditions to Suspension for up to 2
							 years and probation for up to 2 years, conditions
(b) Unprofessional conduct resulting in physical or
							 psychological harm or a risk of physical or psychological harm to a client
Suspension for 3 years, and probation
for
							 3 years, and conditions
Revocation
Suspension for 3 years, and probation for 3 years, and
							 conditions to revocation
(c) Unprofessional conduct resulting from any violation
							 not provided in (a)-(b) above
Reprimand
Revocation
Reprimand to revocation
(9) Discrimination.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Reprimand
Probation
Reprimand to probation
(10) Sexual Misconduct.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Suspension for at least 5 years and
probation with conditions for up to 10 years
Denial of application or revocation
Suspension for at least 5 years and
probation with conditions for up to 10
years to Denial of
							 application or revocation.
(11) Continuing Education Violations.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Reprimand
Suspension
Reprimand to Suspension
(12) Failure to Cooperate.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Willfully, and without legal justification, fails
							 to cooperate with a lawful investigation conducted by the Board
Suspension for 5 years, without stay for
30 days, and probation for 5 years with conditions
Denial of application or revocation
Suspension for 5 years, without stay for 30 days, and
							 probation for 5 years with conditions to denial of application or
							 revocation
(b) Threatens forces, intimidates, or influences a
							 person to change or withhold evidence before the Board
Suspension for 5 years, without stay for
90 days, and probation for 5 years with conditions
Denial of application or revocation
Suspension for 5 years, without stay for 90 days, and
							 probation for 5 years with conditions to denial of application or
							 revocation
(13) Unauthorized Practice.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
$1,500
$5000 or imprisonment not
exceeding 6
							 months or both
$1,500 to $5,000 or imprisonment
not
							 exceeding 6 months or both
(14) Noncompliance with Board Orders.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
Least
to
Greatest
(a) Failure to comply with a Board order
Suspension for 3 years, without stay for at least
10 days, and probation for 3 years, and conditions
Revocation
Suspension for 3 years, without stay for at least 10
							 days, and probation for 3 years, and conditions to revocation
(b) Failure to comply with Board order with additional
							 unprofessional conduct
Suspension for 3 years, without stay for at least
30 days, and probation for 3 years, and conditions
Revocation
Failure to comply with Board order with additional
							 unprofessional conduct to revocation
(c) Failure to comply with Board order with serious
							 injury or death of a client, or the risk of significant physical injury or
							 death
Suspension for 5 years, without a stay,
and probation for 5 years, and conditions
Revocation
Failure to comply with Board order with serious injury
							 or death of a client, or the risk of significant physical injury or death to
							 revocation
(15) Other Violations.
Severity
Tier/Conduct
Sanction Range
Duration
Minimum
Maximum
N/A
N/A
Suspension
Denial of application or revocation
Suspension to denial of application or revocation