The following guidelines shall be used by the Board when sanctioning licensees and certificate holders in formal and informal actions and proceedings:
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Unnecessary or disruptive behavior which may include verbal comments, directed to a patient, resulting in minimal harm or a risk of harm | Reprimand | Suspension for up to 5 years, and probation for up to 5 years, and conditions | Reprimand to suspension and probation for up to 5 years |
(2) Physical abuse resulting in significant physical or emotional injury | Suspension for 3 years, without stay for at least 30 days and probation for 3 years, and conditions | Revocation | Suspension for 3 years, without stay for at least 30 days, and probation for 3 years to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
N/A | Violation of advertising laws and regulations | Reprimand | Suspension for up to 2 years, and probation for up to 2 years, and conditions | Reprimand to suspension for up to 2 years, and probation for up to 2 years |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude | Suspension for 1 year and probation for 1 year, and conditions | Revocation | Suspension for 1 year and probation for 1 year, to revocation |
(2) Convicted of or pleads guilty or nolo contendere to a sexual offense | Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Conduct resulting in no physical or psychological harm | Reprimand | Reprimand and probation for up to 3 years, and conditions | Reprimand to probation for up to 3 years |
(2) Conduct resulting in financial injury | Reprimand | Revocation | Reprimand to revocation | |
(3) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm | Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, at least 10 days without stay, and probation for 3 years to revocation | |
(4) Misrepresentation or fraud | Suspension for 2 years, without stay for at least 5 days, and probation for 2 years, and conditions | Revocation | Suspension for 2 years, without stay for at least 5 days, and probation for 2 years to revocation | |
(5) Conduct not provided for in (1)"(4) above | Reprimand | Revocation | Reprimand to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Diversion without harm to self or others | Reprimand and conditions, and probation for 1 year | Suspension for up to 5 years, and probation for up to 5 years, and conditions | Reprimand and probation for 1 year to suspension for up to 5 years and probation for up to 5 years |
(2) Diversion creating risk of harm | Suspension for 3 years and probation for 3 years, and conditions | Suspension for up to 5 years and probation for up to 5 years, and conditions | Suspension for 3 years and probation for 3 years to suspension for up to 5 years and probation for up to 5 years | |
(3) Diversion with harm | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Failure to document compliance with CDC guidelines | Reprimand | Reprimand and probation for up to 3 years, and conditions | Reprimand and probation for up to 3 years |
(2) Failure to comply with CDC guidelines | Probation for 1 year, and conditions | Suspension for up to 3 years and probation for up to 3 years, and conditions | Probation for 1 year to suspension for up to 3 years and probation for up to 3 years |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Renewal of a dental license, or dental hygiene license, or dental radiation technologist certificate after the late period has expired, but for not longer than 1 year after the late period has expired | Performance of pro bono work and the payment of the monetary penalty | Performance of pro bono work and the payment of the monetary penalty | Performance of pro bono work and the payment of the monetary penalty |
(2) Renewal of a dental license, or dental hygiene license, or dental radiation technologist certificate after the late period has expired, for 1 year or longer after the late period has expired | Suspension for 2 years, and probation for 2 years, and conditions | Revocation | Suspension for 2 years, and probation for 2 years, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Failure to comply with a Board order | Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, to revocation |
(2) Failure to comply with a Board order with additional unprofessional conduct | Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, to revocation | |
(3) Failure to comply with a Board order with serious physical injury or death of a patient, or the risk of significant physical injury or death | Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Practice below acceptable standards with a low risk of patient harm | Reprimand and conditions | Suspension for 1 year, and probation for 1 year, and conditions | Reprimand to suspension for 1 year, and probation for 1 year |
(2) Practice below acceptable standards with patient harm or risk of patient harm | Suspension for 3 years, without stay for at least 30 days, and probation, and conditions | Revocation | Suspension for 3 years, without stay for at least 30 days, and probation, to revocation | |
(3) Practice below acceptable standards with serious physical injury or death of a patient, or a risk of significant physical injury or death | Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Unsolicited conduct of a sexual nature excluding physical contact that serves no diagnostic or treatment purpose | Reprimand and conditions | Suspension for 1 year, and probation for 1 year, and conditions | Reprimand to suspension for 1 year, and probation for 1 year |
(2) A personal relationship that violates professional ethics | Suspension for 1 year, and probation for 1 year, and conditions | Suspension for up to 5 years, and probation for up to 5 years, and conditions | Suspension for 1 year, and probation for 1 year, to suspension for up to 5 years, and probation for up to 5 years | |
(3) Physical contact of a sexual nature that does not include force, intimidation, or the use of drugs, or alcohol, and that serves no diagnostic or treatment purpose | Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, and conditions | Suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years, and conditions | Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, to suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years | |
(4) Sexual conduct involving, but not limited to force, intimidation, the use of drugs, or alcohol, or multiple victims | Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 1 year, and probation for 5 years to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Misuse of drugs or alcohol without harm to others | Suspension for 2 years and probation for 2 years, and conditions | Suspension for up to 5 years, and probation for up to 5 years, and conditions | Suspension for 2 years and probation for 2 years, to suspension for up to 5 years and probation for up to 5 years |
(2) Misuse of drugs or alcohol with patient harm or a risk of patient harm | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Dentist knowingly allows an unauthorized individual to practice outside their scope of practice without patient harm or minimal patient harm | Reprimand and conditions | Suspension for 2 years, and probation for 2 years, and conditions | Reprimand to suspension for 2 years, and probation for 2 years |
(2) Dentist knowingly allows an unauthorized individual to practice outside their scope of practice with greater than minimal patient harm | Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 30 days, and probation for 5 years to revocation | |
(3) An unauthorized individual practices outside their scope of practice without patient harm or minimal patient harm | Reprimand | Suspension for 2 years, and probation for 2 years, and conditions | Reprimand to suspension for 2 years, and probation for 2 years | |
(4) An unauthorized individual practices outside their scope of practice with greater than minimal patient harm | Suspension for 5 years, without stay for at least 30 days, and probation, and conditions | Revocation | Suspension for 5 years, without stay for at least 30 days, and probation, to revocation |
Severity | Tier/Conduct | Sanction Range | Duration | |
Minimum | Maximum | |||
Least to Greatest | (1) Unprofessional conduct resulting in no physical or psychological harm | Reprimand and conditions | Suspension for up to 2 years, and probation for up to 2 years, and conditions | Reprimand to suspension for up to 2 years, and probation for up to 2 years |
(2) Unprofessional conduct resulting in financial injury | Suspension for 3 years, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, and probation for 3 years, to revocation | |
(3) Unprofessional conduct resulting in physical or psychological harm or a risk of physical or psychological harm | Suspension for 3 years, and probation for 3 years, and conditions | Revocation | Suspension for 3 years, and probation for 3 years, to revocation | |
(4) Willfully, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board | Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, to revocation | |
(5) Unprofessional conduct resulting from misrepresentation or fraud | Suspension for 5 years, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, and probation for 5 years, to revocation | |
(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence before the Board or the office of Administrative Hearings. | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions | Revocation | Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation | |
(7) Unprofessional conduct resulting from any violation not provided for in (1)"(6) above | Reprimand | Revocation | Reprimand to revocation |
Md. Code Regs. 10.44.31.06