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Maryland Administrative code
Title 10 - MARYLAND DEPARTMENT OF HEALTHPart 5Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS
Chapter 10.41.13 - Sanctioning Guidelines
Section 10.41.13.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

Md. Code Regs. 10.41.13.04

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Current through Register Vol. 51, No. 12, June 14, 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, and Speech-Language Pathology Act and its regulations according to the guidelines set forth in the following chart:

ViolationMinimum
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 anotherSuspension for 90 days;
$1,000 fine		Denial of license application or revocation;
$5,000 fine
(2) Fraudulently or deceptively uses a license or limited licenseSuspension for 90 days;
$1,000 fine		Denial of license application or revocation;
$5,000 fine
(3) Commits fraud or deceitProbation 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 turpitudeProbation for 1 year;
$1,000 fine		Revocation;
$5,000 fine
(5) Obtains a fee through fraud or misrepresentationSuspension for 90 days;
$1,000 fine		Revocation;
$5,000 fine
(6) Directly or indirectly employs any unlicensed person or person whose license has been suspendedReprimandSuspension for 90 days;
$1,000 fine
(7) Uses or promotes or causes the use of any misleading advertisingReprimandSuspension for 1 year;
$5,000 fine
(8) Falsely represents oneself as a physician or doctorReprimandSuspension for 1 year;
$5,000 fine
(9) Permits another person to use the license of the licensee or limited licensee of the holderSuspension for 90 days;
$1,000 fine		Revocation;
$5,000 fine
(10) Commits any act of unprofessional conductReprimandSuspension for 1 year;
$1,000 fine
(11) Violates any lawful order of the BoardReprimand;
$1,000 fine		Revocation;
$5,000 fine
(12) Violates any provision of Health Occupations Article, Title 2, Annotated Code of MarylandReprimandSuspension for 1 year;
$1,000 fine
(13) Provides professional services while under the influenceProbation for 1 year;
$1,000 fine		Revocation;
$5,000 fine
(14) Is disciplined by a licensing or disciplinary authority of any other state or countryReprimandDenial of license application;
$5,000 fine
(15) Practicing with an unauthorized personReprimand;
$500 fine		Revocation;
$5,000 fine
(16) Knowingly makes or files a false report or recordProbation for 1 year;
$500 fine		Revocation;
$5,000 fine
(17) Knowingly fails to file or record any report or recordReprimand;
$500 fine		Revocation;
$5,000 fine
(18) Submits a false statement to collect a feeReprimand;
$1,000 fine		Revocation;
$5,000 fine
(19) Professionally, physically, or mentally incompetentReprimandRevocation;
$5,000 fine
(20) Exploiting patient for financial gainProbation for 1 year;
$1,000 fine		Revocation;
$5,000 fine
(21) Immoral behaviorReprimandRevocation;
$5,000 fine
(22) Discrimination against HIV or HIV positive patientReprimandSuspension for 90 days;
$1,000 fine
(23) Paying for referralsSuspension for 90 daysSuspension for 1 year
(24) Violation of COMAR 10.41.02 Code of EthicsReprimandRevocation;
$5,000 fine
(25) Violates the Door-to-Door Sales Act and Hearing Aid Sales ActReprimandRevocation;
$5,000 fine
(26) Violates any Food and Drug Administration law or regulation governing the sale of hearing aidsReprimandSuspension;
$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