Md. Code Regs. 10.42.09.04

Current through Register Vol. 51, No. 12, June 14, 2024
Section 10.42.09.04 - Guidelines lor Disciplinary Sanctions and Imposition ol Penalties
A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Social Workers Act, Health Occupations Article, § 19-311, Annotated Code of Maryland, and 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

Active suspension for 90 days, or $2,000 fine, or both

Denial of a license application or revocation, or $10,000 fine, or both

(2) Fraudulently uses a license

Active suspension for 90 days, or $2,000 fine, or both

Denial of a license application or revocation, or $10,000 fine, or both

(3) Physical or mental incompetence

Probation of 1 year

Denial of license application or revocation

(4) Commits any act of gross negligence, incompetence, or misconduct in the practice of social work

Probation for 1 year, or $1,000 fine, or both

Revocation, or $10,000 fine, or both

(5) Knowingly violates any provision of Health Occupations Article, Title 19, Annotated Code of Maryland

Probation for 1 year, or $1,000 fine, or both

Revocation, or $10,000 fine, or both

(6) Engages in a course of conduct that is inconsistent with generally accepted professional standards in the practice of social work

Probation for 1 year, or $1,000 fine, or both

Revocation, or $10,000 fine, or both

(7) Violates any provision of this title or regulations governing the practice of social work adopted and published by the Board

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

(8) Is convicted of or pleads guilty or nolo contendere to a felony or crime of moral turpitude

Probation for 1 year, or $1,000 fine, or both

Denial of license application or revocation, or $10,000 fine, or both

(9) Provides professional services while: under the influence of alcohol; or using any narcotic or controlled dangerous substance

Probation for 1 year, or $2,000 fine, or both

Revocation, or $10,000 fine, or both

(10) Reciprocal discipline

Reprimand, or $200 fine, or both

Denial of license application or revocation, or $10,000 fine, or both

(11) Practices social work with an unauthorized person or supervises or aids an unauthorized person in the practice of social work

Reprimand, or $1,000 fine, or both

Revocation, or $10,000 fine, or both

(12) Knowingly makes or files a false report in the practice of social work

Probation for 1 year, or $2,000 fine, or both

Revocation, or $10,000 fine, or both

(13) Knowingly fails to file or record any report as required under law

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

(14) Knowingly fails to report suspected child abuse in violation of Family Law Article, § 5-704, Annotated Code of Maryland

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

(15) Submits a false statement to collect a fee

Probation for 1 year, or $2,000 fine, or both

Revocation, or $10,000 fine, or both

(16) Discrimination

Reprimand, or $200 fine, or both

Probation for 2 years, or $2,000 fine, or both

(17) Failure to cooperate with a lawful investigation conducted by the Board

Reprimand, or $200 fine, or both

Denial of license application or revocation, or $10,000 fine, or both

(18) Exploitation/undue influence

Active suspension for 1 year, or $2,000 fine, or both

Revocation, or $10,000 fine, or both

(19) Knowingly fails to report suspected abuse or neglect of a vulnerable adult in violation of Criminal Law Article, § 3-604 or 3-605, Annotated Code of Maryland

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

(20) Fails to comply with the requirements of any order entered by the Board

Reprimand, or $2,000 fine, or both

Denial of license application or revocation, or $10,000 fine, or both

(21) Record-keeping violations

Reprimand

Probation for 2 years

(22) Sexual misconduct or boundary violations within the professional relationship

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

(23) Violations of COMAR 10.42.03 Code of Ethics

Reprimand, or $200 fine, or both

Revocation, or $10,000 fine, or both

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. 10.42.09.04

Regulation .04 amended effective 46:12 Md. R. 541, eff. 6/17/2019