The following guidelines shall be used by the Board as a guide for sanctioning license holder or registration holder in formal and informal actions and proceedings:
A. Abuse — Physical and Emotional.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Unnecessary or disruptive behavior which may include verbal comments, directed to a patient, resulting in minimal harm or a risk of harm |
Reprimand |
Suspension for up to 5 years, and probation for up to 5 years, and conditions |
Reprimand to suspension and probation for up to 5 years |
(2) Physical abuse resulting in significant physical or emotional injury |
Suspension for 3 years, without stay for at least 30 days and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, without stay for at least 30 days, and probation for 3 years to revocation |
B. Criminal Convictions or Plea of Nolo Contendere.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude |
Suspension for 1 year and probation for 1 year, and conditions
|
Revocation |
Suspension for 1 year and probation for 1 year, to revocation |
(2) Convicted of or pleads guilty or nolo contendere to a sexual offense |
Suspension for 5 years, without stay for at least 60 days, and
probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, to revocation |
C. Disciplined by Another Licensing or Disciplinary Authority.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Conduct resulting in no physical or psychological harm |
Reprimand |
Reprimand and probation for up to 3 years, and conditions |
Reprimand to reprimand and probation for up to 3 years |
(2) Conduct resulting in financial injury |
Reprimand |
Revocation |
Reprimand to Revocation |
(3) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm |
Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, at least 10 days without stay, and probation for 3 years to revocation |
(4) Misrepresentation or fraud |
Suspension for 2 years, without stay for at least 5 days, and probation for 2 years, and conditions |
Revocation |
Suspension for 2 years, without stay for at least 5 days, and probation for 2 years to revocation |
(5) Conduct not provided for in §C(1)-(4) of this regulation |
Reprimand |
Revocation |
Reprimand to Revocation |
D. Diversion of Controlled Substances or Prescription Drugs.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Diversion without harm to self or others |
Reprimand and conditions, and probation for 1 year |
Suspension for up to 5 years, and probation for up to 5 years, and conditions |
Reprimand and probation for 1 year to suspension for up to 5 years and probation for up to 5 years |
(2) Diversion creating risk of harm |
Suspension for 3 years and probation for 3 years, and conditions
|
Suspension for up to 5 years and probation for up to 5 years, and conditions |
Suspension for 3 years and probation for 3 years to suspension for up to 5 years and probation for up to 5 years |
(3) Diversion with harm |
Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation |
E. Failure to Renew a License When the License Holder or Registration Holder Has Continued to Practice.
F. Noncompliance with Board Orders.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Failure to comply with a Board order |
Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, without stay for at least 10 days, probation for 3 years, to revocation |
(2) Failure to comply with a Board order with additional unprofessional conduct |
Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, to revocation |
(3) Failure to comply with a Board order with serious physical injury or death of a patient, or the risk of significant physical injury or death |
Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, to revocation |
G. Incompetent Practice Or Misconduct.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Practice below acceptable standards with a low risk of patient harm |
Reprimand and conditions |
Suspension for 1 year, and probation for 1 year, and conditions |
Reprimand to suspension for 1 year, and probation for 1 year |
(2) Practice below acceptable standards with patient harm or risk of patient harm |
Suspension for 3 years, without stay for at least 30 days, and probation, and conditions |
Revocation |
Suspension for 3 years, without stay for at least 30 days, and probation, to revocation |
(3) Practice below acceptable standards with serious physical injury or death of a patient, or a risk of significant physical injury or death |
Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, to revocation |
H. Sexual Misconduct.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Unsolicited conduct of a sexual nature excluding physical contact that serves no diagnostic or treatment purpose |
Reprimand and conditions |
Revocation |
Reprimand to suspension for 1 year, and probation for 1 year |
(2) A personal relationship that violates professional ethics |
Suspension for 1 year, and probation for 1 year, and conditions |
Suspension for up to 5 years, probation for up to 5 years, and conditions |
Suspension for 1 year, and probation for 1 year, to suspension for up to 5 years, and probation for up to 5 years |
(3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and that serves no diagnostic or treatment purpose |
Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, and conditions |
Revocation |
Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, to suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years |
(4) Sexual conduct involving, but not limited to, force intimidation, the use of drugs, or alcohol, or multiple victims |
Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 1 year, and probation for 5 years to revocation |
I. Substance Abuse.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Misuse of drugs or alcohol without harm to others |
Suspension for 2 years and probation for 2 years, and conditions |
Suspension for up to 5 years, and probation for up to 5 years, and conditions |
Suspension for 2 years and probation for 2 years, to suspension for up to 5 years and probation for up to 5 years |
(2) Misuse of drugs or alcohol with patient harm or a risk of patient harm |
Suspension for 5 years, without stay for at least 90 days, probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 90 days, and probation for 5 years to revocation |
J. Unauthorized Practice.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) License holder or registration holder knowingly allows an unauthorized individual to practice outside their scope of practice without patient harm or minimal patient harm |
Reprimand and conditions |
Suspension for 2 years, and probation for 2 years, and, conditions |
Reprimand to suspension for 2 years, and probation for 2 years
|
(2) License holder or registration holder knowingly allows an unauthorized individual to practice outside their scope of practice with greater than minimal patient harm |
Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 30 days, and probation for 5 years to revocation |
(3) An unauthorized individual practices outside their scope of practice without patient harm or minimal patient harm |
Reprimand |
Suspension for 2 years, and probation for 2 years, and, conditions |
Reprimand to suspension for 2 years, and probation for 2 years
|
(4) An unauthorized individual practices outside their scope of practice with greater than minimal patient harm |
Suspension for 5 years, without stay for at least 30 days, and probation, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 30 days, and probation, to revocation |
K. Unethical Conduct.
Severity |
Tier/Conduct |
Sanction Range |
Duration
|
Minimum |
Maximum |
Least to Greatest |
(1) Unethical Conduct resulting in no physical or psychological harm |
Reprimand and conditions |
Suspension for up to 2 years, and probation for up to 2 years, and conditions |
Reprimand to suspension for up to 2 years, and probation for up to 2 years |
(2) Unethical conduct resulting in financial injury |
Suspension for 3 years, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, and probation for 3 years, to revocation |
(3) Unethical conduct resulting in physical or psychological harm or a risk of physical or psychological harm |
Suspension for 3 years, and probation for 3 years, and conditions |
Revocation |
Suspension for 3 years, and probation for 3 years, to revocation |
(4) Unethically, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board |
Suspension for 5 years, without stay for at least 30 days, and probation, for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, to revocation |
(5) Unethical conduct resulting from misrepresentation or fraud |
Suspension for 5 years, and probation for 5 years, and
conditions |
Revocation |
Suspension for 5 years, and probation for 5 years, to revocation |
(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence before the Board or the Office of Administrative Hearings. |
Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions |
Revocation |
Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation |
(7) Unethical Conduct resulting from any violation not provided for in §K(1)-(6) of this regulation |
Reprimand |
Revocation |
Reprimand to revocation |