10.32.24.16

.16 Sanctioning Guidelines for Genetic Counselors.

A. Subject to provisions of Regulation .14E and F of this chapter, a disciplinary panel may impose sanctions as outlined in §B of this regulation on genetic counselors and supervised genetic counselors for violations of Health Occupations Article, §14-5G-18, 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 or licensee or for another

Revocation

Reprimand with probation for 2 years

$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 while practicing genetic counseling

Revocation

Reprimand

$5,000

$1,000

(4) Incompetence.

(a) Is professionally incompetent

Revocation

Suspension until professional incompetence is addressed to Board’s satisfaction

$5,000

$1,000

(b) Is physically or mentally incompetent

Revocation

Suspension until physical or mental incompetence is addressed to Board’s satisfaction

$5,000

$0

(5) Abandons a patient

Revocation

Reprimand

$5,000

$1,000

(6) Is habitually intoxicated

Revocation

Suspension until licensee is in treatment and has been 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 licensee is in treatment and has been 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 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

Revocation

Suspension until licensee is in treatment and has been abstinent for 6 months

$5,000

$500

(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 genetic counseling

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 a report, or induces another to fail to file or record a 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 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

Revocation

Reprimand

$5,000

$500

(14) Knowingly makes a misrepresentation while practicing genetic counseling

Revocation

Reprimand

$5,000

$1,000

(15) Knowingly practices genetic counseling with an unauthorized individual or aids an unauthorized individual in practicing genetic counseling

Revocation

Reprimand

$5,000

$1,000

(16) Knowingly delegates a genetic counseling duty to an unlicensed individual

Revocation

Reprimand

$5,000

$1,000

(17) Grossly overutilizes health care services

Revocation

Reprimand

$5,000

$1,000

(18) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine

Revocation

Reprimand

$5,000

$1,000

(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

Penalty comparable to what the Board imposes under equivalent State 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 State ground for discipline

Fine equivalent to that imposed by the original licensing authority if this is lesser than the Board sanction would be

(20) Fails to meet appropriate standards for the delivery of genetic counseling services

Revocation

Reprimand

$5,000

$500

(21) Knowingly submits false statements to collect fees for which services are not provided

Revocation

Reprimand

$5,000

$1,000

(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

Penalty comparable to what the Board imposes under equivalent State 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 the original licensing authority if this is lesser than the Board sanction would be

(23) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland

Revocation

Reprimand

$5,000

$500

(24) Practices or attempts to practice beyond the authorized scope of practice

Revocation

Suspension for 3 months

$5,000

$2,500

(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

Suspension for 1 year

Reprimand

$5,000

$500

(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

Revocation

Suspension for 3 months

$5,000

$2,500

(27) Fails to cooperate with a lawful investigation of the Board or a disciplinary panel

Revocation

Reprimand

$5,000

$1,000

(28) Fails to complete a criminal history records check under Health Occupations Article, §14-308.1, Annotated Code of Maryland

Revocation

Reprimand

$5,000

$500

(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

Revocation

Reprimand

$5,000

$500