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10.56.09.00.htm 10.56.09.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 56 BOARD OF DIETETIC PRACTICE Chapter 09 Disciplinary Sanctions and Monetary Penalties Authority: Health Occupations Article, §1-606, 5-205, 5-206, 5-311, 5-311.1, and 5-403(b) Annotated Code of Maryland
10.56.09.01.htm 10.56.09.01. 01 Scope.. This chapter establishes the standards by which the Board may impose a disciplinary sanction, civil fine, or administrative monetary penalty, not to exceed:A. $5,000, on an individual licensed under Health Occupations Article, Title 5, Annotated Code of Maryland, for an act or omission prohibited under Health Occupations Article, §5-311, Annotated Code of Maryland; orB. $50,000 on an individual who violates Health Occupations Article, §5-401 or 5-402, Annotated of M
10.56.09.02.htm 10.56.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the State Board of Dietetic Practice.. 2) “Civil fine” means a monetary fine imposed by the Board in accordance with Health Occupations Article, §5-403, Annotated Code of Maryland.3) "Licensee" means an individual licensed by the Board to practice dietetics.. 4) "Penalty" means monetary penalty.. 5) "Sanction" means a disciplinary action repriman
10.56.09.03.htm 10.56.09.03. 03 Imposition of a Penalty.. A. After a hearing under Health Occupations Article, §5-312, Annotated Code of Maryland, and COMAR 10.56.04, and subject to the guidelines set forth in Regulation .05 of this chapter, the Board may discipline a licensee or impose an administrative monetary penalty of $5,000 or less on a licensee who is found to have committed a violation of Health Occupations Article, Title 5, Annotated Code of Maryland, and this subtitle.
10.56.09.04.htm 10.56.09.04. 04 Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction or Penalty.. 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:.
10.56.09.05.htm 10.56.09.05. 05 Guidelines for Disciplinary Sanctions.. A. Subject to the provisions of this section, the Board may impose the following sanctions and penalties for violations of the Maryland Licensed Dietitian-Nutritionists Act and its regulations according to the minimum and maximum sanctions and penalties set forth as follows:Violation. Minimum Sanction. Maximum Sanction. 1) Continuing education. Reprimand. Active suspension for 1 year and $1,000 fine.
10.56.09.06.htm 10.56.09.06. 06 Payment of Penalties.. A. A licensee or unlicensed individual shall pay to the Board a penalty or civil fine imposed under this chapter by 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, §5-313, Annotated Code of Maryland, does not automatically stay payment of a penalty or civil fine imposed by the Board under this chapter.
10.56.09.07.htm 10.56.09.07. 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 dietetics without a license in violation of Health Occupations Article, §5-401, Annotated Code of Maryland; or2) Misrepresents or implies to the public by use of the protected titles in violation of Health Occupations Article, §5-402, Annotated Code of Maryland.B. Factors to be used in determining the amount of the fine may include, bu
10.56.09.9999.htm 10.56.09.9999. Administrative History Effective date: August 13, 2007 (34:16 Md. R. 1432) ―. Chapter revised effective April 16, 2012 (39:7 Md. R. 495). Regulation .01 amended effective March 2, 2015 (42:4 Md. R. 434). Regulation .02B amended effective March 2, 2015 (42:4 Md. R. 434). Regulation .06A, B amended effective March 2, 2015 (42:4 Md. R. 434). Regulation .07 adopted effective March 2, 2015 (42:4 Md. R. 434).
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