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10.58.09.00.htm 10.58.09.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS Chapter 09 Disciplinary Sanctions and Monetary Penalties Authority: Health Occupations Article, §1-606, 17-313.1, and 17-509―17-511, Annotated Code of Maryland
10.58.09.01.htm 10.58.09.01. 01 Scope.. This chapter establishes standards for the imposition of disciplinary sanctions and monetary penalties for violations of the Maryland Professional Counselors and Therapists Act, Health Occupations Article, §17-509, Annotated Code of Maryland by any:A. Licensed clinical professional counselor;. B. Licensed graduate professional counselor;. C. Licensed clinical alcohol and drug counselor;. D. Licensed graduate alcohol and drug counselor;.
10.58.09.02.htm 10.58.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Maryland Professional Counselors and Therapists Act.. 2) "Board" means the State Board of Professional Counselors and Therapists.. 3) "License" means one of eight types of licenses issued by the Board to practice as follows:. a) Clinical professional counseling (LCPC). b) Clinical marriage and family therapy (LCMFT).
10.58.09.03.htm 10.58.09.03. 03 Sanctioning and Imposition of Penalties.. A. If, after a hearing or an opportunity for a hearing under Health Occupations Article, §17-511, Annotated Code of Maryland, the Board finds that there are grounds for discipline under Health Occupations Article, §17-509, Annotated Code of Maryland, the Board may place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate.B. In addition to placing
10.58.09.04.htm 10.58.09.04. 04 Guidelines for Disciplinary Sanctions and Penalties.. A. General Application of Sanctioning Guidelines. Except as provided in Regulation .05 of this chapter, for violations of the Act listed in the sanctioning guidelines, the Board shall impose a sanction not less severe than the minimum listed in the sanctioning guidelines or more severe than the maximum listed in the guidelines for each offense.B. Ranking of Sanctions.. 1) For the purposes of this regulation, the severi
10.58.09.05.htm 10.58.09.05. 05 Mitigating and Aggravating Factors.. A. Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines.B. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors.
10.58.09.06.htm 10.58.09.06. 06 Sanctioning Guidelines.. A. Subject to the provisions of Regulations .04 and .05 of this chapter, the Board may impose sanctions and penalties for violations of the Act and regulations according to the guidelines set forth in the following chart:B. Range of Sanctions.. Violation. Maximum Sanction. Minimum Sanction. Maximum Penalty. Minimum Penalty. 1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, certificat
10.58.09.07.htm 10.58.09.07. 07 Payment of Penalty.. A. A licensee or certificate holder 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, §17-512, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter.C. If a licensee or certi
10.58.09.9999.htm 10.58.09.9999. Administrative History Effective date: November 7, 2005 (32:22 Md. R. 1757) ―. Chapter revised effective November 11, 2013 (40:22 Md. R. 1877).
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