Md. Code Regs. 10.41.13.04

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

Section 10.41.13.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Audiology, Hearing Aid Dispensing, Speech-Language Pathology, and Music Therapy Act and its regulations according to the guidelines set forth in the following chart:

Violation	Minimum Sanction/Penalty	Maximum Sanction/Penalty
(1) Fraudulently or deceptively obtains or attempts to obtain a license or limited license for the applicant, licensee, or holder or for another	Suspension for 90 days; $1,000 fine	Denial of license application or revocation; $5,000 fine
(2) Fraudulently or deceptively uses a license or limited license	Suspension for 90 days; $1,000 fine	Denial of license application or revocation; $5,000 fine
(3) Commits fraud or deceit	Probation for 30 days; $1,000 fine	Revocation; $5,000 fine
(4) Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude	Probation for 1 year; $1,000 fine	Revocation; $5,000 fine
(5) Obtains a fee through fraud or misrepresentation	Suspension for 90 days; $1,000 fine	Revocation; $5,000 fine
(6) Directly or indirectly employs any unlicensed person or person whose license has been suspended	Reprimand	Suspension for 90 days; $1,000 fine
(7) Uses or promotes or causes the use of any misleading advertising	Reprimand	Suspension for 1 year; $5,000 fine
(8) Falsely represents oneself as a physician or doctor	Reprimand	Suspension for 1 year; $5,000 fine
(9) Permits another person to use the license of the licensee or limited licensee of the holder	Suspension for 90 days; $1,000 fine	Revocation; $5,000 fine
(10) Commits any act of unprofessional conduct	Reprimand	Suspension for 1 year; $1,000 fine
(11) Violates any lawful order of the Board	Reprimand; $1,000 fine	Revocation; $5,000 fine
(12) Violates any provision of Health Occupations Article, Title 2, Annotated Code of Maryland	Reprimand	Suspension for 1 year; $1,000 fine
(13) Provides professional services while under the influence	Probation for 1 year; $1,000 fine	Revocation; $5,000 fine
(14) Is disciplined by a licensing or disciplinary authority of any other state or country	Reprimand	Denial of license application; $5,000 fine
(15) Practicing with an unauthorized person	Reprimand; $500 fine	Revocation; $5,000 fine
(16) Knowingly makes or files a false report or record	Probation for 1 year; $500 fine	Revocation; $5,000 fine
(17) Knowingly fails to file or record any report or record	Reprimand; $500 fine	Revocation; $5,000 fine
(18) Submits a false statement to collect a fee	Reprimand; $1,000 fine	Revocation; $5,000 fine
(19) Professionally, physically, or mentally incompetent	Reprimand	Revocation; $5,000 fine
(20) Exploiting patient for financial gain	Probation for 1 year; $1,000 fine	Revocation; $5,000 fine
(21) Paying for referrals	Suspension for 90 days	Suspension for 1 year
(22) Violation of COMAR 10.41.02 Code of Ethics	Reprimand	Revocation; $5,000 fine
(23) Violates the Door-to-Door Sales Act and Hearing Aid Sales Act	Reprimand	Revocation; $5,000 fine
(24) Violates any Food and Drug Administration law or regulation governing the sale of hearing aids	Reprimand	Suspension; $1,000 fine

B. If a licensee is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction and penalty shall prevail.

C. Notwithstanding the guidelines set forth in this chapter, 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 chapter alone is not grounds for any hearing or appeal of a Board action.

Md. Code Regs. 10.41.13.04

Regulations .04 amended effective 51:15 Md. R. 708, eff. 8/5/2024.