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, certificate holder or for another Revocation or denial of license or certificate Active suspension for 6 months $5,000 $1,000
(2) Habitually is intoxicated Revocation or denial of license or certificate Active suspension until in treatment and abstinent for 6 months $5,000 $500
(3) Provides professional services:
    (a) While under the influence of alcohol; or
    (b) While using any narcotic or controlled dangerous substances as defined in Criminal Law Article, §5-101, Annotated Code of Maryland,  or other drug that is in excess of therapeutic amounts or without valid medical indication
Revocation or denial of license or certificate Probation for 2 years  $5,000 $250
(4) Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, professional counselor or art therapist Revocation or denial of license or certificate Active suspension for 6 months $5,000 $1,000
(5) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain Revocation or denial of license or certificate Active suspension for 1 year $5,000 $1,000
(6) Willfully makes or files a false report or record in the practice of counseling or therapy Revocation Probation for 2 years $5,000 $1,000
(7) Makes a willful misrepresentation while counseling or providing therapy Revocation Reprimand  $5,000 $500
(8) Violates the Code of Ethics adopted by the Board Revocation or Denial of license or certificate  Reprimand $5,000 $250
(9) Knowingly violates any provision of Health Occupations Article, Title 17, Annotated Code of Maryland Revocation or Denial of license or certificate  Reprimand $5,000 $500
(10) Is convicted of or pleads guilty or nolo contendere to a felony or crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside Revocation or Denial of license or certificate Reprimand $5,000 $500
(11) Incompetent.
    (a) Is professionally incompetent
Revocation Reprimand $5,000 $100
    (b) Is physically or mentally incompetent Revocation Reprimand $5,000 $100
(12) Submits a false statement to collect a fee Revocation Reprimand $5,000 $500
(13) Violates any rule or regulations adopted by the Board Revocation Reprimand $5,000 $100
(14) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes Revocation Reprimand $5,000 $100
(15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified or the certificate holder is certified and qualified to render because the individual is HIV positive Revocation Reprimand $5,000 $1,000
(16) Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy Revocation Reprimand $5,000 $100
(17) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland Revocation Reprimand $5,000 $100
(18) Fails to cooperate with a lawful investigation conducted by the Board Revocation Reprimand $5,000 $500