A. Subject to provisions of Regulation .12F and G of this chapter, the Board may impose sanctions as outlined in §B of this regulation on polysomnographic technologists for violations of Health Occupations Article, §14-5C-17(a), Annotated Code of Maryland.
B. Range of Sanctions.
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Ground
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Maximum Sanction
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Minimum Sanction
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Maximum Fine
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Minimum Fine
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(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, licensee, or for another
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Revocation
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Reprimand with probation for 2 years
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$5,000
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$1,000
|
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(2) Fraudulently or deceptively uses a license
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Revocation
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Probation
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$5,000
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$1,000
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(3) Is guilty of unprofessional or immoral conduct in the practice of polysomnography
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Revocation
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Reprimand with probation for 2 years
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$5,000
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$1,000
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(4) Incompetence.
(a) Is physically or mentally incompetent;
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Revocation
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Suspension until professional incompetence is addressed to Board’s satisfaction
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$5,000
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$1,000
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(b) Is professionally incompetent
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Revocation
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Suspension until physical or mental incompetence is addressed to Board’s satisfaction
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$5,000
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$0
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(5) Abandons a patient
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Revocation
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Reprimand
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$5,000
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$1,000
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(6) Is habitually intoxicated
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Revocation
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Suspension until licensee is in treatment and has been abstinent for 6 months
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$5,000
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$0
|
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(7) Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland |
Revocation
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Suspension until licensee is in treatment and has been abstinent for 6 months
|
$5,000
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$0
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(8) Provides professional services while:
(a) Under the influence of alcohol; or
(b) Using any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland, or any other drug that is in excess of therapeutic amounts or without valid medical indication
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Revocation
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Suspension until licensee is in treatment and has been abstinent for 6 months
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$5,000
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$500
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(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain
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Suspension for 5 years
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Reprimand
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$5,000
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$1,000
|
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(10) Willfully makes or files a false report or record in the practice of polysomnography
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Revocation
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Reprimand
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$5,000
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$1,000
|
|
(11) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record
a report
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Revocation
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Reprimand
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$5,000
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$1,000
|
|
(12) Breaches patient confidentiality
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Revocation
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Reprimand
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$5,000
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$1,000
|
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(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or
referring a patient
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Revocation |
Reprimand
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$5,000
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$500
|
|
(14) Knowingly makes a misrepresentation while practicing polysomnography
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Revocation
|
Reprimand
|
$5,000
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$1,000
|
|
(15) Knowingly practices polysomnography with an unauthorized individual or aids an unauthorized individual in the practice of polysomnography
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Revocation
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Reprimand
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$5,000
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$1,000
|
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(16) Knowingly delegates a polysomnographic duty to an unlicensed individual
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Revocation
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Reprimand
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$5,000
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$1,000
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(17 )Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine
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Revocation
|
Reprimand
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$5,000
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$1,000
|
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(18) Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country or is disciplined by any branch of the United States uniformed
services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes
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Penalty comparable to what the Board imposes under equivalent Maryland ground for discipline
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Penalty equivalent to that imposed by original licensing authority if this is less than the Board sanction
would be
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Fine comparable to what the Board imposes under equivalent Maryland ground for discipline
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Fine equivalent to that imposed by the original licensing authority if this is lesser than the Board sanction would be
|
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(19) Fails to meet appropriate standards for the delivery of polysomnographic services performed in a hospital sleep laboratory or stand-alone sleep center
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Revocation
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Reprimand
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$5,000
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$500
|
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(20) Knowingly submits false statements to collect fees for which services are not provided
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Revocation
|
Reprimand
|
$5,000
|
$1,000
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(21) Has been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes and has:
(a) Surrendered the license, if any, issued by the state or country; or
(b) Allowed the license, if any, issued by the state or country to expire or lapse
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Penalty comparable to what the Board imposes under equivalent Maryland ground for discipline
|
Penalty equivalent to that imposed by original licensing authority if this is less than the sanction would be from the Board
|
Fine comparable to what the Board imposes under equivalent Maryland ground for discipline
|
Fine equivalent to that imposed by the original licensing authority if this is less than the Board sanction would be |
|
(22) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland |
Revocation
|
Reprimand
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$5,000
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$500
|
|
(23) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes
|
Revocation
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Reprimand, probation for 3 years with practice oversight
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$5,000
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$500
|
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(24) Practices or attempts to practice beyond the authorized scope of practice
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Revocation
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Suspension for 3 months
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$5,000
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$2,500
|
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(25) Is convicted of or pleads guilty or nolo contender to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction
or plea set aside
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Revocation
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Suspension
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$5,000
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$500
|
|
(26) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render
because the individual is HIV positive
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Suspension for 1 year
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Reprimand
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$5,000
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$500
|
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(27) Practices or attempts to practice a polysomnography procedure or uses or attempts to use polysomnography equipment if the applicant or licensee has not received education and training
in the performance of the procedure or the use of the equipment
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Revocation
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Suspension for 3 months
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$5,000
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$2,500
|
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(28) Fails to cooperate with a lawful investigation conducted by the Board
|
Revocation
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Reprimand
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$5,000
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$1,000
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