10.32.07.07

.07 Prohibited Conduct, Hearings, and Appeals.

A. The Board or its designee shall investigate all complaints alleging prohibited conduct and other information obtained regarding an unlicensed medical practitioner, according to the Board's procedures.

B. For any of the causes constituting a ground for discipline, subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, on the affirmative vote of a majority of its fully authorized membership, the Board may:

(1) Reprimand an unlicensed medical practitioner;

(2) Place an unlicensed medical practitioner on probation;

(3) Suspend or revoke the registration of an unlicensed medical practitioner; or

(4) Take other action against the individual including, but not limited to:

(a) Limiting the privilege to practice,

(b) Requiring further education, or

(c) Admonishing the individual.

C. The following causes constitute grounds for discipline:

(1) Physical, mental, or professional incompetence;

(2) An act or omission that resulted in disciplinary action against the unlicensed medical practitioner in connection with the postgraduate training program;

(3) Physical or mental illness that adversely affects the ability to practice in the postgraduate training program;

(4) Immoral or unprofessional conduct of the unlicensed medical practitioner in the practice of medicine;

(5) Practicing medicine beyond the authorized scope of practice;

(6) Abandonment of a patient;

(7) Practicing medicine while:

(a) Under the influence of alcohol, or

(b) Using any narcotic or controlled dangerous substance as defined in Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(8) Willfully making or filing false reports or records in the practice of medicine;

(9) Willfully omitting to file or record, or willfully impeding or obstructing the filing or recording, or inducing another person to omit to file or record, medical reports required by law;

(10) Willfully misrepresenting treatment;

(11) Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;

(12) Failing to furnish details of a patient's care to physicians, hospitals, or the Board upon proper request;

(13) An act or omission which has resulted in disciplinary action against the unlicensed medical practitioner by the licensing or disciplinary authority, court, or sponsoring institution in another state, territory, or country for an act that would be grounds for disciplinary action under this regulation;

(14) Fraud or deceit in gaining admission to the postgraduate training program;

(15) Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in such a manner as to exploit the patient for financial gain of the unlicensed medical practitioner;

(16) Division of fees, or agreeing to split or divide fees received for professional services, with any person for bringing or referring a patient;

(17) Agreeing with clinical or bioanalytical laboratories to make payments to these laboratories for an individual test or a test series for a patient, unless the unlicensed medical practitioner discloses on the bills to the patient or third-party payer the name of the laboratory for the individual test or test series and the amount of the procurement or processing charge, if any, for each specimen taken;

(18) Grossly overutilizing health care services;

(19) Willfully submitting false statements to collect fees for services not rendered;

(20) Violation of any regulation promulgated by the Board regarding the practice of medicine by unlicensed medical practitioners;

(21) Knowingly failing to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;

(22) Except in an emergency life-threatening situation when it is either infeasible or impracticable, failing to comply with the Centers for Disease Control's guidelines on universal precautions;

(23) Failing to cooperate with a lawful investigation conducted by the Board; and

(24) Refusing, withholding from, denying, or discriminating against an individual with regard to the provision of professional services for which the unlicensed medical practitioner is registered and qualified to render because the individual is HIV positive.

D. Crimes Involving Moral Turpitude.

(1) The Board shall order the suspension of the registration of an unlicensed medical practitioner if the practitioner is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, the Board shall order the revocation of the unlicensed medical practitioner's registration subject to the statutory mandate of Health Occupations Article, §14-404(b)(2), Annotated Code of Maryland.