10.32.08.12

.12  Sanctioning Guidelines for Athletic Trainers.

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, §5–101, 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, §5–101, 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, §5–704, 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

(29) Failure to complete required criminal history records check

Revocation

Reprimand

$5,000

$500

(30) Performs dry needling without approval from the board

Revocation

Reprimand

$5,000

$2,500