Md. Code Regs. 10.27.26.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.27.26.07 - Sanctioning Guidelines

Subject to the provisions of this chapter, the Board may impose sanctions for violations of the Maryland Nurse Practice Act and its regulations according to the guidelines set forth in the following categories:

A. Abuse - Physical and Psychological.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Unacceptable behavior directed to an individual, resulting in minimal harm or a risk of harm	Reprimand	Suspension for 3 years	Licensee $1,000 Certificate Holder $100	Licensee $4,000 Certificate Holder $400
Least to Greatest	(2) Abuse resulting in significant physical or psychological injury	Probation for 3 years	Revocation	Licensee $2,000 Certificate Holder $200	Licensee $5,000 Certificate Holder $500

B. Criminal History.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500
Least to Greatest	(2) Convicted of or pleads guilty or nolo contendere to a sexual offense	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

C. Disciplined by Another Licensing, Military, or Disciplinary Authority.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
N/A	Licensee or Certificate Holder is disciplined by a licensing, military, or disciplinary authority in this State or in any other state or country or convicted or disciplined by a court in this State or in any other state or country for an act that would be grounds for disciplinary action under the Maryland Board of Nursing's disciplinary statutes	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500

D. Diversion of Controlled Substances or Prescription Drugs or Manufacture, Sale, or Distribution of any Substance for an Illegal or Illegitimate Purpose.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Diversion without harm to self or others.	Reprimand	Probation for 5 years	Licensee $1,000 Certificate Holder $100	Licensee $3,000 Certificate Holder $300
	(2) Diversion creating risk of harm to self or others.	Probation for 3 years	Suspension for 2 years	Licensee $2,000 Certificate Holder $200	Licensee $3,500 Certificate Holder $350
	(3) Diversion with harm to self or others.	Suspension for 3 years	Revocation	Licensee $4,000 Certificate Holder $400	Licensee $5,000 Certificate Holder $500
	(4) Manufacture, sale or distribution of any substance for an illegal or illegitimate purpose.	Suspension for 3 years	Revocation	Licensee $4,000 Certificate Holder $400	Licensee $5,000 Certificate Holder $500
N/A	(5) Diversion for purposes of selling to others	Revocation	Revocation	Licensee $5,000 Certificate Holder $500	Licensee $5,000 Certificate Holder $500

E. Noncompliance with Board Orders.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Failure to comply with a Board order	Probation for 3 years	Revocation	Licensee $2,000 Certificate Holder $200	Licensee $5,000 Certificate Holder $500
	(2) Failure to comply with a Board order with additional unprofessional conduct	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500
	(3) Failure to comply with a Board order with serious physical injury or death of an individual, or the risk of significant physical injury or death	Revocation	Revocation	Licensee $5,000 Certificate Holder $500	Licensee $5,000 Certificate Holder $500

F. Practice Inconsistent with Generally Accepted Standards of Care.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Practice inconsistent with generally accepted standards resulting in no risk of harm or practice resulting in a risk of harm	Reprimand	Probation for 5 years	Licensee $1,000 Certificate Holder $100	Licensee $3,000 Certificate Holder $300
	(2) Practice inconsistent with generally accepted standards resulting in serious physical injury or death of a client, or a risk of significant physical injury or death	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500
	(3) Practice inconsistent with generally accepted standards that constitutes gross negligence	Suspension for 1 year	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

G. Sexual Misconduct.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Unsolicited conduct of a sexual nature, including physical contact that serves no diagnostic or treatment purpose	Reprimand	Suspension for 1 year	Licensee $1,000 Certificate Holder $100	Licensee $3,000 Certificate Holder $300
	(2) A personal relationship that violates professional ethics	Probation for 1 year	Suspension for 5 years	Licensee $1,000 Certificate Holder $100	Licensee $4,500 Certificate Holder $450
	(3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and serves no diagnostic or treatment purpose	Probation for 2 years	Suspension for 7 years	Licensee $1,500 Certificate Holder $150	Licensee $5,000 Certificate Holder $500
	(4) Sexual conduct involving, but not limited to force, intimidation, the use of drugs, or alcohol, or multiple victims	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

H. Substance Abuse.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Misuse of drugs, alcohol, or any other substance for an illegal or illegitimate purpose without harm to others	Probation for 2 years	Suspension for 5 years	Licensee $1,500 Certificate Holder $150	Licensee $4,500 Certificate Holder $450
Least to Greatest	(2) Misuse of drugs, alcohol, or any other substance for an illegal or illegitimate purpose resulting in client harm or risk of client harm	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

I. Unauthorized Practice.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Knowingly allowing an unauthorized individual to practice outside their scope of practice resulting in no client harm, minimal client harm, or greater than minimal client harm	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500
	(2) Knowingly allowing an unauthorized individual who practices outside their scope of practice resulting in no client harm or minimal client harm	Reprimand	Suspension for 2 years	Licensee $1,000 Certificate Holder $100	Licensee $3,500 Certificate Holder $350
	(3) Knowingly allowing an unauthorized individual who practices outside their scope of practice resulting in greater than minimal client harm	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500
	(4) An unauthorized practice resulting from any violation not provided for in (1)-(3) above	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500

J. Unprofessional Conduct.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Unprofessional Conduct resulting in no physical or psychological harm	Reprimand	Suspension for 2 years	Licensee $1,000 Certificate Holder $100	Licensee $3,500 Certificate Holder $350
	(2) Failure to report a violation of the Nurse Practice Act	Reprimand	Suspension for 3 years	Licensee $1,000 Certificate Holder $100	Licensee $4,000 Certificate Holder $400
	(3) Unprofessional conduct resulting in financial injury	Probation for 3 years	Revocation	Licensee $2,000 Certificate Holder $200	Licensee $5,000 Certificate Holder $500
	(4) Unprofessional conduct resulting in physical or psychological harm or a risk of physical or psychological harm	Probation for 3 years	Revocation	Licensee $2,000 Certificate Holder $200	Licensee $5,000 Certificate Holder $500
	(5) Failure to cooperate with a lawful investigation conducted by the Board	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500
	(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence from the Board	Probation for 5 years	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500
	(7) Unprofessional Conduct resulting from any violation not provided for in (1)-(6) above	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500

K. Physical or Mental Incompetence.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
N/A	(1) Is physically incompetent	Suspension for 1 year	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500
N/A	(2) Is mentally incompetent	Suspension for 1 year	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

L. Fraud, Deceit, or Misrepresentation.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
Least to Greatest	(1) Fraudulent or deceitful conduct or misrepresentation with minimal or no risk of physical, emotional, or financial harm	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500
	(2) Fraudulent or deceitful conduct or misrepresentation with physical, emotional, or financial harm or a risk of physical, emotional, or financial harm	Reprimand	Revocation	Licensee $1,000 Certificate Holder $100	Licensee $5,000 Certificate Holder $500
	(3) Fraudulent or deceitful conduct or misrepresentation with significant physical, emotional, or financial harm to client or others or serious risk of significant physical, emotional, or individual financial harm	Probation for 1 year	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

M. Expulsion from Safe Practice Program.

Severity	Tier/Conduct	Sanction Range		Monetary Penalty Range
Severity	Tier/Conduct	Minimum	Maximum	Minimum	Maximum
N/A	Is expelled from the Safe Practice Program established under Health Occupations Article, § 8-208, Annotated Code of Maryland, for failure to comply with the conditions of the program.	Suspension for 1 year	Revocation	Licensee $3,000 Certificate Holder $300	Licensee $5,000 Certificate Holder $500

Md. Code Regs. 10.27.26.07

Regulation .07 amended effective 45:18 Md. R. 834, eff. 9/10/2018