10.32.21.13

.13 Sanctioning Guidelines.

A. Subject to provisions of Regulation .09A and B of this chapter, the disciplinary panel may impose sanctions as outlined in §B of this regulation on physicians for violations of Health Occupations Article, §§1-302, 14-404(a), and 14-504, Annotated Code of Maryland.

B. Range of Sanctions.

Ground Maximum
Sanction
Minimum
Sanction
(1) Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance Revocation Suspension until physician is in treatment and has been abstinent for 6 months
(2) Has been found to be mentally incompetent by a physician, and that incompetence impairs the ability to practice naturopathic medicine Revocation Suspension until mental incompetence is addressed to the Board’s satisfaction
(3) Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state Comparable to Penalty Imposed Comparable to Penalty Imposed
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant or another Revocation Reprimand and probation for 2 years
(5) Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state  Revocation Comparable to Penalty Imposed
(6) Uses false, deceptive, or misleading advertising Revocation Reprimand
(7) Advertises, practices, or attempts to practice under a name other than the applicant’s or licensees own name Revocation Reprimand
(8) Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine Revocation Reprimand
(9) Willfully makes or files a false report or record in the practice of naturopathic medicine   Revocation Reprimand
(10) Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report   Revocation Reprimand
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages in any split fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers Revocation Reprimand
(12) Exercises influence within a patient-doctor relationship for purposes of engaging a patient in sexual activity Revocation Reprimand
(13) Engages in sexual misconduct with a patient Revocation Reprimand
(14) Fails to keep written medical records justifying the course of treatment of a patient Revocation Reprimand
(15) Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established Revocation Reprimand
(16) Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities Suspension Reprimand
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a patient as to exploit the patient for financial gain Revocation Reprimand
(18) Breaches patient confidentiality Revocation Reprimand
(19) Is guilty of unprofessional or immoral conduct in the practice of naturopathic medicine  Revocation Reprimand and probation for 2 years
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine Revocation Reprimand
(21) Knowingly fails to report suspected child abuse in violation of Section 5-704 of the Family Law Article Suspension Reprimand
(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes Revocation Reprimand
(23) Denies or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive Revocation Reprimand
(24) Fails to cooperate with a lawful investigation of the Board Revocation Reprimand and probation for 3 years
(25) Abandons a patient Revocation Reprimand
(26) Violates any provision of this title or any of these regulations adopted by the Board Revocation Reprimand