Md. Code Regs. 10.38.10.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.38.10.04 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties

A. Subject to the provisions of this chapter, the Board may impose the following sanctions and, if appropriate, penalties for violations of the Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

	Violation	Minimum Sanction	Maximum Sanction	Minimum Penalty	Maximum Penalty
(1)	Continuing education violation	Reprimand	Active suspension for 1 year	$100	$1000
(2)	Criminally convicted of, or pled guilty to, a felony, crime of moral turpitude, or violation of narcotics law	Probation for 3 years	Denial of license application or revocation	$500	Maximum amount allowable under the Act
(3)	Documentation violation	Reprimand	Active suspension for 2 years	$500	$2,500
(4)	Professional incompetence; grossly negligent practice	Reprimand	Revocation	$500	Maximum amount allowable under the Act
(5)	Mental or physical impairment	Probation for 2 years	Denial of license application or revocation	N/A	N/A
(6)	Submitting false billings	Reprimand	Revocation	$500	Maximum amount allowable under the Act
(7)	Practicing beyond the scope of license	Reprimand	Active suspension for 2 years	$500	Maximum amount allowable under the Act
(8)	Failure to cooperate with a lawful Board investigation	Reprimand	Denial of license application or revocation	$1,000	Maximum amount allowable under the Act
(9)	Reciprocal discipline	Reprimand	Denial of license application or revocation	$500	Maximum amount allowable under the Act
(10)	Sexual misconduct	Active suspension for 1 year	Revocation	$3,000	Maximum amount allowable under the Act
(11)	Unprofessional conduct in the practice of physical therapy; Code of Ethics violation not specifically enumerated in this chapter	Reprimand	Revocation	$500	Maximum amount allowable under the Act
(12)	Aiding the unauthorized practice of physical therapy	Reprimand	Active suspension for 1 year	$1,500	Maximum amount allowable under the Act
(13)	Improper supervision	Reprimand	Revocation	$500	Maximum amount allowable under the Act
(14)	Standard of practice violation not specifically enumerated in this chapter	Reprimand	Revocation	$500	Maximum amount allowable under the Act
(15)	Other violation of the Act not specifically enumerated in this chapter	Reprimand	Denial of license application or revocation	$100	Maximum amount allowable under the Act
(16)	Fraudulently or deceptively obtaining, attempting to obtain, or using a license	Reprimand	Denial of license application or revocation	$500	Maximum amount allowable under the Act
(17)	Treating more than an average of 3 patients per clinical treatment hour per calendar day	Reprimand	Active suspension for 1 year	$500	Maximum amount allowable under the Act
(18)	Treating patients without evaluation or reevaluation	Reprimand	Active suspension for 1 year	$500	Maximum amount allowable under the Act
(19)	Failure to comply with probationary condition of an order	Active suspension for 1 year	Revocation	$1,000	Maximum amount allowable under the Act

B. If a licensee 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 may agree to a surrender of license or a consent order with terms, sanction, and penalty agreed to by the Board and the licensee.

D. A departure from the guidelines set forth in this regulation, on its own, is not grounds for any hearing or appeal of a Board action.

E. The Board may not consider a petition for reinstatement of a license that has been revoked until at least 3 years have passed from the date of revocation.

Md. Code Regs. 10.38.10.04

Regulation .04C amended effective April 16, 2001 (28:7 Md. R. 690); April 6, 2009 (36:7 Md. R. 525)
Regulations .04 under chapter, Monetary Penalties repealed and new Regulations .04 under chapter Disciplinary Sanctions, Monetary Penalties, and Civil Fines adopted effective January 23, 2012 (39:1 Md. R. 18)