A. Subject to provisions of Regulation .11D—E of this chapter, the Board may impose sanctions as outlined in §B of this regulation on athletic trainers for violations of Health Occupations Article, §14-5D-14, Annotated Code of Maryland.
B. Range of Sanctions.
|
Ground
|
Maximum
Sanction
|
Minimum
Sanction
|
Maximum
Fine
|
Minimum
Fine
|
|
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, for the licensee, or for another
|
Revocation
|
Reprimand with 2 years of probation
|
$5,000
|
$1,000
|
|
(2) Fraudulently or deceptively uses a license
|
Revocation
|
Probation
|
$5,000
|
$1,000
|
|
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic training
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
(4) Incompetence.
(a) Is professionally incompetent;
|
Revocation
|
Suspension until professional incompetence is addressed to the Board’s satisfaction
|
$5,000
|
$1,000
|
|
(b) Is physically or mentally incompetent
|
Revocation
|
Suspension until physical or mental incompetence is addressed to the Board’s satisfaction
|
$5,000
|
0
|
|
(5) Abandons a patient
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(6) Is habitually intoxicated
|
Revocation
|
Suspension until professional is in treatment and abstinent for 6 months
|
$5,000
|
0
|
|
(7) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5101, Annotated Code of Maryland |
Revocation
|
Suspension until professional is in treatment and abstinent for 6 months
|
$5,000
|
0
|
(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, §5101, Annotated Code of Maryland, or any other drug that is in excess of therapeutic amounts or without valid medical indication
|
Revocation
|
Suspension until professional is in treatment and abstinent for 6 months
|
$5,000
|
$1,000
|
|
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain
|
Suspension for 5 years
|
Reprimand
|
$5,000
|
$1,000
|
|
(10) Willfully makes or files a false report or record in the practice of athletic training
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(11) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(12) Breaches patient confidentiality
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any individual 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
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(14) Knowingly makes a misrepresentation while practicing athletic training
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(15) Knowingly practices athletic training with an unauthorized individual or aids an unauthorized individual in the practice of athletic trainer services
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(16) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(17) Is disciplined by a licensing, certifying, 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 Veterans Administration for an act that would be grounds for disciplinary action under this section
|
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 Board sanction would be
|
Fine comparable to what the Board imposes under equivalent Maryland ground for discipline
|
Fine equivalent to that imposed by original licensing authority if this is less than the Board fine would be
|
|
(18) Fails to meet appropriate standards for the delivery of athletic training services
|
Revocation
|
Reprimand
|
$5,000
|
$500
|
|
(19) Knowingly submits false statements to collect fees for which services have not been provided;
|
Revocation
|
Reprimand
|
$5,000
|
$500
|
(20) 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 the licensed individual:
(a) Surrendered the license issued by the state or country; or
(b) Allowed the license issued by the state or country to expire or lapse
|
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 Board sanction would be
|
Fine comparable to what the Board imposes under equivalent Maryland ground for discipline
|
Fine equivalent to that imposed by original licensing authority if this is less than the Board fine would be
|
|
(21) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5704, Annotated Code of Maryland |
Revocation
|
Reprimand
|
$5,000
|
$500
|
|
(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes
|
Revocation
|
Reprimand and 3 years of probation with practice oversight
|
$5,000
|
$1,000
|
|
(23) Practices or attempts to practice beyond the authorized scope of practice
|
Revocation
|
Suspension for 3 months
|
$5,000
|
$2,500
|
|
(24) 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
|
Suspension for 1 year
|
Reprimand
|
$5,000
|
$500
|
|
(25) Practices or attempts to practice an athletic training procedure or uses or attempts to
use athletic training equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment
|
Revocation
|
Suspension for 3 months
|
$5,000
|
$2,500
|
|
(26) Fails to cooperate with a lawful investigation conducted by the Board
|
Revocation
|
Reprimand
|
$5,000
|
$1,000
|
|
(27) Fails to practice under the supervision of a physician or violates the approved evaluation and treatment protocol
|
Revocation
|
Suspension for 3 months
|
$5,000
|
$2,500
|
|
(28) Violates an order of the Board, including any condition of probation.
|
Revocation
|
Suspension for 3 months
|
$5,000
|
$2,500
|
