Md. Code Regs. 10.44.19.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.44.19.12 - Penalties for Violations of These Regulations

A. Subject to the hearing provisions of this chapter, the Board may deny a certificate to practice dental radiation technology, reprimand any certified dental radiation technologist, place any certified dental radiation technologist on probation, or suspend or revoke the certificate of any certified dental radiation technologist, if the holder of the certificate:

(1) Practices dental radiation technology in an incompetent manner;

(2) Fails to conform to generally accepted standards in the practice of radiation technology;

(3) Fraudulently or deceptively obtains or attempts to obtain a certificate for the applicant or for another;

(4) Fraudulently or deceptively uses a certificate;

(5) Is disciplined by a disciplinary authority of any other state or jurisdiction or is convicted or disciplined by a court in any other state or jurisdiction for an act that would be grounds for disciplinary action under this regulation;

(6) Violates any rule or regulation adopted by the Board;

(7) Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(8) Provides professional services while under the influence of alcohol or any controlled dangerous substance or drug in excess of therapeutic amounts;

(9) Willfully makes or files a false report or record or fails to file a report or record in the practice of dental radiation technology or willfully induces another to file a false report;

(10) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the certified individual is qualified to render because the individual is HIV positive;

(11) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Center for Disease Control's guidelines on universal precautions;

(12) Fails to comply with a Board order;

(13) Is mentally or physically incompetent to practice dental radiation technology;

(14) Engages in sexual misconduct as set forth in COMAR 10.44.23; or

(15) Behaves dishonorably or unprofessionally.

B. An individual who practices dental radiation technology without being certified under these regulations is guilty of practicing dentistry without a license, a misdemeanor which, upon conviction, may result in:

(1) For a first offense, a fine not exceeding $2,000 or imprisonment in jail not exceeding 6 months; or

(2) For a subsequent offense, a fine not exceeding $6,000 or imprisonment in the State penitentiary not exceeding 1 year.

C. A licensed dentist who employs an individual to practice dental radiation technology who is not certified under these regulations is guilty of unprofessional conduct and may be subject to disciplinary action under Health Occupations Article, § 4-315, Annotated Code of Maryland.

D. A licensed dentist who supervises an individual practicing dental radiation technology who is not certified under these regulations is guilty of permitting an unauthorized individual to practice dentistry under the supervision of that licensed dentist, and may be subject to disciplinary action under Health Occupations Article, § 4-315, Annotated Code of Maryland.

Md. Code Regs. 10.44.19.12

Regulation .12 recodified from regulation .11 effective 42:25 Md. R. 1544, eff.12/21/2015