Sec. 10.27.18.04. Imposition of Penalties on Licensees

A. A penalty of not less than $100 or more than $1,000 may be imposed by the Board on a licensee if found guilty of any of the following:

(1) Filing a false report or record of an individual under the licensee's care;

(2) Giving any false or misleading information about a material matter in an employment application;

(3) Failing to file or record any health record that is required by law;

(4) Obstructing the filing or recording of any health record as required by law;

(5) Inducing another individual to fail to file or record any health record as required by law;

(6) Violating any provision of Health Occupations Article, §8-316, Annotated Code of Maryland;

(7) Submitting a false statement to collect a fee;

(8) Being professionally, physically, or mentally incompetent;

(9) Providing professional services 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;

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

(11) Refusing, withholding, denying, or discriminating against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render care because the individual is HIV positive;

(12) Except in an emergency life-threatening situation where it is not feasible or practicable, failing to comply with the guidelines on universal precautions which are incorporated by reference in COMAR 10.06.01.02B(13);

(13) Being in independent practice and failing to display the notice required under Health Occupations Article, §8-506, Annotated Code of Maryland;

(14) Failing to begin to fulfill a public service requirement within 1 year of when the assignment is to begin that was a condition of the applicant or licensee receiving State or federal loans or scholarships for the applicant's or licensee's nursing education; or

(15) Being expelled from the Safe Practice Program established pursuant to Health Occupations Article, §8-208, Annotated Code of Maryland, for failure to comply with the conditions of the program.

B. Violation of Probation. A penalty of $100 per violation may be imposed by the Board on a licensee who fails to comply with the conditions of probation.

C. A penalty of not less than $1,000 or more than $5,000 may be imposed by the Board on a licensee found guilty of any of the following:

(1) Fraudulently or deceptively obtaining or attempting to obtain a license for the applicant or for another;

(2) Fraudulently or deceptively using a license;

(3) Being 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;

(4) Being convicted of or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

D. The Board may impose a penalty of not less than $500 or more than $5,000 upon a licensee found guilty of knowingly doing any act that has been determined by the Board, in the Board's regulations, to exceed the scope of practice authorized to the individual under this title when the violation is:

(1) Determined to be willful or actual harm results, or both, the penalty may range from $500 to $5,000;

(2) Determined to be willful and there is potential harm to the public, the penalty may range from $500 to $2,000;

(3) Determined to be negligent or actual harm results, or both, the penalty may range from $500 to $5,000;

(4) Determined to be negligent and there is potential harm to the public, the penalty may range from $500 to $2,000; and

(5) A repeat offense, the penalty may be double the amount for the category of offense described in this section, not to exceed $5,000.

E. A penalty of up to $1,000 per violation may be imposed by the Board on a licensee who knowingly abuses a patient without causing patient harm.

F. A penalty of up to $5,000 per violation may be imposed by the Board on a licensee who knowingly abuses a patient and causes patient harm.

G. Fines other than those stated above may be imposed at the discretion of the Board.

H. Failure to Renew.

(1) The Board may impose the following penalties on a licensee for failure to renew licensure:

(a) Not less than $150 per month for practicing on a non-renewed license for a period of up to 1 year; or

(b) Amount to be determined by the Board for practicing nursing with a license that was non-renewed for a period of more than 1 year.

(2) A penalty of up to $5,000 may be imposed by the Board on a director of nursing found guilty of employing nurses with lapsed licenses on two or more occasions within 1 year.