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10.42.09.00.htm
| 10.42.09.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS Chapter 09 Disciplinary Sanctions and Monetary Penalties Authority: Health Occupations Article, §19-311 and 19-311.1, Annotated Code of Maryland |
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10.42.09.01.htm
| 10.42.09.01. 01 Scope.. This chapter establishes standards for sanctions and monetary penalties not exceeding $10,000 against any social worker in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §19-311.1, Annotated Code of Maryland, to impose a sanction or monetary penalty. |
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10.42.09.02.htm
| 10.42.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the State Board of Social Work Examiners.. 2) "License" means a license issued by the Board to practice social work.. 3) "Licensee" means a social worker who is licensed by the Board to practice social work.. 4) "Penalty" means monetary penalty.. 5) “Sanction” means a formal disciplinary action against a license such as a reprimand, probation, s |
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10.42.09.03.htm
| 10.42.09.03. 03 Imposition of a Penalty after a Hearing.. If, after a hearing under Health Occupations Article, §19-312, Annotated Code of Maryland, the Board finds that there are grounds under Health Occupations Article, §19-311, Annotated Code of Maryland, to suspend or revoke a license, the Board may impose a penalty as set forth in this chapter:A. Instead of, or in addition to, suspending the license; or. B. In addition to revoking the license.. |
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10.42.09.04.htm
| 10.42.09.04. 04 Guidelines for Disciplinary Sanctions and Imposition of Penalties.. A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Social Workers Act, Health Occupations Article, §19-311, Annotated Code of Maryland, and according to the guidelines set forth in the following chart:VIOLATION. Minimum SANCTION/PENALTY. Maximum SANCTION/PENALTY. 1) Fraudulently or deceptively obtains, or attempts to obtain a license. |
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10.42.09.05.htm
| 10.42.09.05. 05 Mitigating and Aggravating Factors to be Considered in the Assessment of the Sanction.. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following:A. Mitigating Factors:. |
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10.42.09.06.htm
| 10.42.09.06. 06 Payment of Penalty.. A. A licensee shall pay to the Board a penalty imposed under this chapter as of the date the Board's order is issued, unless the Board's order specifies otherwise.B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §19-313, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter.C. If a licensee fails to pay, in whole or in part |
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10.42.09.07.htm
| 10.42.09.07. 07 Civil Fines.. A. The Board may impose a civil fine of no less than $1,000 and no more than $50,000 against an individual who:1) Practices social work without a license in violation of Health Occupations Article, §19-311, Annotated Code of Maryland: or2) Misrepresents or implies to the public use of protected titles in violation of Health Occupations Article, §19-402, Annotated Code of Maryland.B. Factors to be used in determining the amount of the fine may include, bu |
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10.42.09.9999.htm
| 10.42.09.9999. Administrative History Effective date: March 19, 2012 (39:5 Md. R. 383). Regulation .01 amended effective June 17, 2019 (46:12 Md. R. 544). Regulation .04A amended effective June 17, 2019 (46:12 Md. R. 544). Regulation .07 adopted effective June 17, 2019 (46:12 Md. R. 544). |
