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10.40.11.00.htm 10.40.11.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS Chapter 11 Sanctioning Guidelines Authority: Health Occupations Article, §1-606, 16-205, and 16-311, Annotated Code of Maryland
10.40.11.01.htm 10.40.11.01. 01 Scope.. This chapter establishes standards for use as a guide for the imposition of disciplinary sanctions against any Maryland licensed podiatrist, if after a hearing the Board finds that there are grounds under Health Occupations Article, §16-311, Annotated Code of Maryland, to place a licensee on probation, reprimand, suspend, fine, or revoke a license. The Board may consider aggravating and mitigating factors in determining sanctions.
10.40.11.02.htm 10.40.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Board” means the Board of Podiatric Medical Examiners.. 2) “Licensee” means an individual who holds a license or a limited license to practice podiatry in Maryland.
10.40.11.03.htm 10.40.11.03. 03 General Application.. A. This chapter shall be used by the Board as a guide for sanctioning licensees.. B. The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning guidelines.C. A departure from the sanctioning guidelines alone is not a ground for any hearing or appeal of a Board action.D. Notwithstanding this chapter, in order to resolve a disciplinary matter, the Board and the licens
10.40.11.04.htm 10.40.11.04. 04 Range of Sanctions.. Tier. Conduct. Sanction Range. Minimum. Maximum. A. Sexual misconduct. 1) Sexual misconduct with a patient. Suspension with conditions. Revocation. 2) Lewd and immoral conduct within practice. B. Minimal standards of care. 1) Departure from or failure to conform to appropriate standards of care. Reprimand with conditions, subsequent probation as appropriate. 2) Failure to keep adequate medical records.
10.40.11.05.htm 10.40.11.05. 05 Mitigating and Aggravating Factors.. Depending upon the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside of the range of sanctions established by the guidelines. These factors may include, but are not limited, to the following:A. Mitigating factors:. 1) Absence of a prior disciplinary record;.
10.40.11.9999.htm 10.40.11.9999. Administrative History Effective date: April 16, 2012 (39:7 Md. R. 494).
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