A. Subject to provisions of Regulation .15F and G of this chapter, the Board may impose sanctions as outlined in §B of this regulation on respiratory care practitioners for violations of Health Occupations Article, §14-5A-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 or temporary license for the applicant, licensed individual, holder of a temporary license, 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 respiratory care
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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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(4) Incompetence.
(a) Is professionally 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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$500
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(b) Is physically or mentally 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
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$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 radiation therapy, radiography, nuclear medicine technology, or radiology assistance
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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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(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
|
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(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
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Reprimand
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$5,000
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$500
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|
(14) Knowingly makes a misrepresentation while practicing respiratory care
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Revocation
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Reprimand
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$5,000
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$1,000
|
|
(15) Knowingly practices respiratory care with an unauthorized individual or aids an unauthorized individual in the practice of respiratory care
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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) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine
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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) 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 board 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 board if this is less than the Board fine would be
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(18) Fails to meet appropriate standards for the delivery of respiratory care performed in any inpatient or outpatient facility, office, hospital or related institution, domiciliary care facility, patient's home, or any other location in this State
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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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(19) Knowingly submits false statements to collect fees for which services are not provided
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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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(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 this section and the licensee:
(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
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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 board if this is less than the Maryland Board sanction would be
|
Penalty 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 board if this is less than the Board fine would be |
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(21) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland |
Revocation
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Reprimand
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$5,000
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$500
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(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes
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Revocation
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Reprimand with 3 years of probation with practice oversight
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$5,000
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$500
|
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(23) 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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(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
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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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(25) Practices or attempts to practice a respiratory care procedure or uses or attempts to use respiratory care 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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(26) Fails to cooperate with a lawful investigation conducted by the Board
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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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|
(27) Fails to practice under the supervision of a physician or violates a supervisory order of a supervising physician
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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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