.13 Prohibited Conduct.
A. Subject to the hearing provisions set forth in Health Occupations Article, §14-405, Annotated Code of Maryland, a disciplinary panel may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) Fraudulently or deceptively uses a license;
(3) Is guilty of unprofessional or immoral conduct while practicing genetic counseling;
(4) Is professionally, physically, or mentally incompetent;
(5) Abandons a patient;
(6) Is habitually intoxicated;
(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;
(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 without valid medical indication;
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(10) Willfully makes or files a false report or record in the practice of genetic counseling;
(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;
(12) Breaches patient confidentiality;
(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;
(14) Knowingly makes a misrepresentation while practicing genetic counseling;
(15) Knowingly practices genetic counseling with an unauthorized individual or aids an unauthorized individual in practicing genetic counseling;
(16) Knowingly delegates a genetic counseling duty to an unlicensed individual;
(17) Grossly overutilizes health care services;
(18) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;
(19) 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;
(20) Fails to meet appropriate standards for the delivery of genetic counseling services;
(21) Knowingly submits false statements to collect fees for which services are not provided;
(22) Has been subject to an 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;
(23) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;
(24) Practices or attempts to practice beyond their authorized scope of practice;
(25) 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;
(26) Practices or attempts to practice genetic counseling procedures or uses or attempts to use genetic assessments if the applicant or licensee has not received education and training in the performance of the procedure or the use of the genetic assessment;
(27) Fails to cooperate with a lawful investigation of the Board or a disciplinary panel;
(28) Fails to complete a criminal history records check under Health Occupations Article, §14-308.1, Annotated Code of Maryland; or
(29) Violates any provision of this title or any rule or regulation pertaining to genetic counseling that is adopted by the Board, the State, or the federal government.
B. Crimes of Moral Turpitude.
(1) Proceedings for crimes of moral turpitude under Health Occupations Article, §14-5G-18(c), Annotated Code of Maryland, shall be held in accordance with COMAR 10.32.02.07.
(2) On the filing of certified docket entries with the Board by the Office of the Attorney General, the Board shall order the suspension of a license if the licensee is convicted of, or pleads guilty or nolo contendere with respect to, a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
(3) After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, the Board shall order the revocation of a license on the certification by the Office of the Attorney General.
