Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.10 - Licensure of Radiation Therapists, Radiographers, Nuclear Medicine Technologists, and Radiation Therapists › Section 10.32.10.14 - 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 an application, may reprimand any licensed
				  radiation therapist, licensed radiographer, licensed nuclear medicine
				  technologist, licensed radiologist assistant, place any licensed radiation
				  therapist, licensed radiographer, licensed nuclear medicine technologist,
				  licensed radiologist assistant, on probation, or suspend or revoke the license
				  of any licensed radiation therapist, licensed radiographer, licensed nuclear
				  medicine technologist, or licensed radiologist assistant for the commission of
				  a prohibited act.
B. The following
				  are prohibited acts:
(1) Fraudulently or
				  deceptively obtaining or attempting to obtain a license for the applicant or
				  licensed individual or for another;
(2) Fraudulently or deceptively using a
				  license;
(3) Being guilty of
				  unprofessional or immoral conduct in the practice of radiation therapy,
				  radiography, nuclear medicine technology, or radiology assistance;
(4) Being professionally, physically, or
				  mentally incompetent;
(5)
				  Abandoning a patient;
(6)
				  Habitually being intoxicated;
(7)
				  Being addicted to or abusing any narcotic or controlled dangerous substance as
				  defined in Criminal Law Article, Annotated Code of Maryland;
(8) Providing professional services while:
(a) Under the influence of alcohol;
(b) Using any narcotic or controlled
				  dangerous substance, as defined in Criminal Law Article, Annotated Code of
				  Maryland, or other drug that is in excess of therapeutic amounts or without
				  valid medical indication;
(9) Promoting the sale of services, drugs,
				  devices, appliances, or goods to a patient to exploit the patient for financial
				  gain;
(10) Willfully making or
				  filing a false report or record in the practice of radiation therapy,
				  radiography, nuclear medicine technology, or radiology assistance;
(11) Willfully failing to file or record any
				  report as required under law, willfully impeding or obstructing the filing or
				  recording of the report, or inducing another to fail to file or record the
				  report;
(12) Paying or agreeing to
				  pay any sum or provide any form of remuneration or material benefit to any
				  person for bringing or referring a patient or accepting or agreeing to accept
				  any sum or any form of remuneration or material benefit from an individual for
				  bringing or referring a patient;
(13) Knowingly making a misrepresentation
				  while practicing radiation therapy, radiography, nuclear medicine technology,
				  or radiology assistance;
(14)
				  Knowingly practicing radiation therapy, radiography, nuclear medicine
				  technology, or radiology assistance with an unauthorized person or aiding an
				  unauthorized person in the practice of radiation therapy, radiography, nuclear
				  medicine technology, or radiology assistance;
(15) Offering, undertaking, or agreeing to
				  cure or treat disease by a secret method, treatment, or medicine;
(16) Being disciplined by a licensing or
				  disciplinary authority, being convicted or disciplined by a court of any state
				  or country or disciplined by any branch of the United States uniformed services
				  or the Veterans' Administration for an act that would be grounds for
				  disciplinary action under the Board's disciplinary statutes or this
				  regulation;
(17) Failing to meet
				  appropriate standards as determined by appropriate peer review for the delivery
				  of quality radiation therapy care, radiography care, nuclear medicine
				  technology care, or radiology assistance care performed in an outpatient
				  surgical facility, office, hospital, or any other location in this
				  State;
(18) Knowingly submitting
				  false statements to collect fees for which services are not provided;
(19) Having 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 this regulation and the licensed individual:
(a) Surrendered the license issued by the
				  state or country, or
(b) Allowed
				  the license issued by the state or country to expire or lapse;
(20) Knowingly failing to report
				  suspected child abuse in violation of Family Law Article, §
											5-704, Annotated Code of
				  Maryland;
(21) Selling,
				  prescribing, giving away, or administering drugs for illegal or illegitimate
				  purposes;
(22) Breaching patient
				  confidentiality;
(23) Practicing
				  beyond the authorized scope of practice;
(24) Practicing or attempting to practice any
				  radiation therapy, radiography, nuclear medicine technology, or radiology
				  assistance procedure, or using radiation therapy, radiography, nuclear medicine
				  technology, or radiology assistance equipment, if the applicant or licensed
				  individual has not received education, training, or experience in the use of
				  that procedure or the use of the equipment;
(25) Refusing, withholding from, denying, or
				  discriminating against an individual with regard to the provision of
				  professional services for which the license holder is licensed and qualified to
				  render because the individual is HIV positive;
(26) Failing to cooperate with a lawful
				  investigation of the Board;
(27)
				  Failing to practice under the supervision of a physician or violating a
				  supervisory order of a supervising physician; or
(28) Failing to comply with these
				  regulations.