Md. Code Regs. 10.36.08.04

Current through Register Vol. 51, No. 12, June 14, 2024
Section 10.36.08.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties
A. Subject to the provisions of this chapter, the Board may impose sanctions and penalties for violations of the Maryland Psychologists Act and its regulations according to the guidelines set forth in the following categories:

Violation

Minimum Sanction

Maximum Sanction

Minimum Penalty

Maximum Penalty

(1)

Assessment violation

Reprimand

Probation for 1 year

N/A

N/A

(2)

Violation of child custody evaluation standards

Reprimand

Active suspension for 2 years

$100

$5,000

(3)

Criminally convicted of, or pled guilty to, a felony or crime of moral turpitude

Probation for 1 year

Denial of license or reigstration application or revocation

$100

$10,000

(4)

Disclosure of confidential information

Reprimand

Revocation

N/A

N/A

(5)

Engaging in dual relationships

Reprimand

Active suspension for 1 year

$500

$5,000

(6)

Exploitation or undue influence of a clientActive suspension for 1 year

Revocation

$1,000

$10,000

(7)

Submitting a false statement to collect a fee

Probation for 1 year

Revocation

$5,000

$10,000

(8)

Fraudulently or deceptively obtaining, attempting to obtain, or using a license or registration

Active

suspension for 90 days

Denial of license or registration application or revocation

$1,000

$10,000

(9)

Willfully making or filing a false report or record in the practice of psychology

Active

suspension for 90 days

Denial of license or registration application or revocation

$1,000

$10,000

(10)

Professional incompetence

Reprimand

Revocation

$1,000

$10,000

(11)

Physical or mental incompetence

Probation for 1 year

Denial of license or registration application or revocation

N/A

N/A

(12)

Improper termination of services

Reprimand

Active suspension for 1 year

N/A

N/A

(13)

Misrepresentation of services or fees

Reprimand

Active suspension for 1 year

$500

$5,000

(14)

Plagiarism

Reprimand

Probation for 2 years

$500

$5,000

(15)

Reciprocal discipline

Reprimand

Denial of license or registration application or revocation

$100

$10,000

(16)

Record-keeping violation

Reprimand

Probation for 2 years

N/A

N/A

(17)

Sexual misconduct

Active

suspension for 2 years

Denial of license or registration application or revocation for 10 years

$5,000

$10,000

(18)

Standard of practice violation not specifically enumerated in this chapter

Reprimand

Revocation

$100

$10,000

(19)

Supervision violation

Reprimand

Revocation

$500

$5,000

(20)

Violation of the Psychology Associate requirements

Reprimand

Revocation

$500

$5,000

(21)

Aiding another to practice without a license or registration or misrepresenting to the public that a person is a licensed psychologist or registered psychology associate

Reprimand

Denial of license or registration application or revocation

$500

$5,000

(22)

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

Reprimand

Revocation

$100

$5,000

(23)

Failure to cooperate in a Board investigation or comply with a Board order

Reprimand

Denial of license or registration application or revocation

$100

$10,000

(24)

Failure to comply with informed consent requirements

Reprimand

Probation for 2 years

$100

$1,000

(25)

Violation of provisions regarding duty to commit, treat, or warn

Reprimand

Revocation

$100

$1,000

(26)

Discrimination

Reprimand

Probation for 2 years

$100

$1,000

(27)

Other violation of the Act not specifically enumerated in this chapter

Reprimand

Denial of license or registration application or revocation

$100

$10,000

B. If a licensee or registrant is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control.
C. Notwithstanding the guidelines set forth in this regulation, in order to resolve a pending disciplinary action, the Board and licensee or registrant may agree to a surrender of a license or registration or to a consent order with terms, sanction, and penalty agreed to by the Board and the licensee or registrant.
D. A departure from the guidelines set forth in this regulation alone is not grounds for any hearing or appeal of a Board action.

Md. Code Regs. 10.36.08.04

Regulations .04 adopted effective February 20, 2012 (39:3 Md. R. 259)
Regulation .04 amended effective 42:10 Md. R. 684, eff.5/25/2015