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 10.40.11.04 - Range of Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
Tier
Conduct
Sanction Range
Minimum
Maximum
A. Sexual misconduct
(1) Sexual misconduct with a patient
Suspension with conditions
Revocation
(2) Lewd and immoral conduct within practice
Suspension with conditions
Revocation
B. Minimal standards of care
(1) Departure from or failure to conform to appropriate
							 standards of care
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(2) Failure to keep adequate medical records
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(3) Failure to educate a patient about appropriate
							 alternative methods of treatment in violation of law or the standard of
							 care.
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(4) Failure to obtain informed consent
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(5) Incompetence
Reprimand with conditions
Revocation
C. Knowingly submitting to a third party
							 any claim form, bill, or statement which contains any misleading, deceptive,
							 false, incomplete, or fraudulent representation asserting a fee which is
							 greater than the fee usually accepted as payment in full for any given
							 procedure or service
(1) Overutilization of billing and/or false claims
							 reporting
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(2) Billing fraudulently
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(3) Health care fraud
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
D. DEA or controlled dangerous substance
							 violation, or improper prescribing, dispensing or administering of drugs
(1) Prescribing, dispensing, or administering of
							 controlled substances for excessive periods of time and/or excessive
							 amounts
Probation 6 months with conditions
Revocation
(2) Improper prescribing, dispensing, or administering
							 of any drug
Reprimand with conditions
Revocation
(3) Prescribing, dispensing, or administering of
							 controlled substances without appropriate examination
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(4) Failure to keep adequate patient records of
							 substances prescribed, dispensed, or administered
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(5) Failure to use acceptable methods in selection of
							 drugs or other modalities
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(6) Selling, prescribing, giving away, or administering
							 of any drugs for illegal or illegitimate medical purposes
Suspension 6 months with conditions, subsequent
							 probation as appropriate
Revocation
(7) Prescribing, dispensing, or administering of any
							 drugs without medical indication to detriment of the patient
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(8) Prescribing, dispensing, or administering of drugs
							 for sexual favors
Suspension 1 year with conditions, subsequent probation
							 as appropriate
Revocation
(9) Taking back any drug from a patient that was
							 prescribed
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
E. Unprofessional or unethical conduct
(1) Willfully betraying a professional confidence
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(2) Abandoning a patient
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(3) Failure to provide a patient's medical record as
							 required by law
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(4) Failure to cooperate with a Board
							 investigation
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(5) By corrupt means, threats, or force, intimidating,
							 influencing, or attempting to influence a person to change or withhold
							 testimony in hearings or before the Board or the Office of Administrative
							 Hearings
Suspension with conditions, subsequent probation as
							 appropriate
Revocation
(6) By corrupt means, threats, or force, hindering,
							 preventing, or otherwise delaying a person from making information available to
							 the Board in the furtherance of a Board investigation.
Suspension with conditions, subsequent probation as
							 appropriate
Revocation
F. Substance abuse (using any narcotic or
							 controlled dangerous substance or other drug that is in excess of therapeutic
							 amounts or without valid medical indication)
(1) Self-referral
Reprimand with conditions
Revocation
(2) Complaint initiated
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(3) Impaired ability to practice by reason of substance
							 abuse
Reprimand with conditions
Revocation
G. Other Acts
(1) Practicing outside scope
Reprimand with conditions, subsequent probation as
							 appropriate
Revocation
(2) Practicing while Maryland podiatry license is
							 suspended or revoked
Suspension
Revocation
(3) Committing or having committed a felony
Suspension with conditions
Revocation
(4) Willfully making a false report or record in the
							 practice of podiatry
Reprimand with conditions
Revocation
(5) Knowingly filing a falsified license renewal or
							 falsifying a license renewal
Reprimand with conditions
Revocation
(6) Practicing with a condition, illness, or disease
							 that may impair the ability of the individual to perform podiatric
							 services
Reprimand with conditions
Revocation
(7) Credentialing fraud
Probation with conditions
Revocation
(8) Other violations of the Act
Reprimand
Revocation