Md. Code Regs. 10.32.21.13

Current through Register Vol. 51, No. 22, November 1, 2024
Section 10.32.21.13 - Sanctioning Guidelines
A. Subject to provisions of Regulation .09A and B of this chapter, the disciplinary panel may impose sanctions as outlined in §B of this regulation on physicians for violations of Health Occupations Article, §§1-302, 14-404(a), and 14-504, Annotated Code of Maryland.
B. Range of Sanctions.

Ground

Maximum Sanction

Minimum Sanction

(1) Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance

Revocation

Suspension until physician is in treatment and has been abstinent for 6 months

(2) Has been found to be mentally incompetent by a physician, and that incompetence impairs the ability to practice naturopathic medicine

Revocation

Suspension until mental incompetence is addressed to the Board's satisfaction

(3) Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state

Comparable to Penalty Imposed

Comparable to Penalty Imposed

(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant or another

Revocation

Reprimand and probation for 2 years

(5) Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state

Revocation

Comparable to Penalty Imposed

(6) Uses false, deceptive, or misleading advertising

Revocation

Reprimand

(7) Advertises, practices, or attempts to practice under a name other than the applicant's or licensees own name

Revocation

Reprimand

(8) Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine

Revocation

Reprimand

(9) Willfully makes or files a false report or record in the practice of naturopathic medicine

Revocation

Reprimand

(10) Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report

Revocation

Reprimand

(11) Pays or receives any commission, bonus, kickback, or rebate, or engages in any split fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers

Revocation

Reprimand

(12) Exercises influence within a patient-doctor relationship for purposes of engaging a patient in sexual activity

Revocation

Reprimand

(13) Engages in sexual misconduct with a patient

Revocation

Reprimand

(14) Fails to keep written medical records justifying the course of treatment of a patient

Revocation

Reprimand

(15) Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established

Revocation

Reprimand

(16) Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities

Suspension

Reprimand

(17) Promotes the sale of services, drugs, devices, appliances, or goods to a patient as to exploit the patient for financial gain

Revocation

Reprimand

(18) Breaches patient confidentiality

Revocation

Reprimand

(19) Is guilty of unprofessional or immoral conduct in the practice of naturopathic medicine

Revocation

Reprimand and probation for 2 years

(20) Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine

Revocation

Reprimand

(21) Knowingly fails to report suspected child abuse in violation of Section 5-704 of the Family Law Article

Suspension

Reprimand

(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes

Revocation

Reprimand

(23) Denies or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive

Revocation

Reprimand

(24) Fails to cooperate with a lawful investigation of the Board

Revocation

Reprimand and probation for 3 years

(25) Abandons a patient

Revocation

Reprimand

(26) Violates any provision of this title or any of these regulations adopted by the Board

Revocation

Reprimand

Md. Code Regs. 10.32.21.13

Regulation .13 adopted effective 43:18 Md. R. 1017, eff. 9/12/2016