Sec. 10.32.02.10. Sanctioning Guidelines for Physicians

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, §§14-404(a), 14-504, and 1-302, Annotated Code of Maryland.

B. Range of Sanctions.

Ground	Maximum Sanction	Minimum Sanction	Maximum Fine	Minimum Fine
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another	Revocation	Reprimand with 2 years’ probation	$50,000	$10,000
(2) Fraudulently or deceptively uses a license	Revocation	Probation	$50,000	$10,000
(3) Is guilty of immoral or unprofessional conduct in the practice of medicine, consisting of:
(a) Sexual impropriety as defined by the Board’s regulations at COMAR 10.32.17.02	Revocation	Reprimand	$50,000	$10,000
(b) A sexual violation as defined in the Board’s regulations at COMAR 10.32.17.02	Revocation	1 year probation	$50,000	$10,000
(c) Ethical violations that are not sexual in nature	Revocation	Reprimand	$50,000	$5,000
(d) Attesting to earning but failing to earn required number of continuing medical education (CME) credits	Revocation	Reprimand	$50,000	$10,000
(4) Incompetence
(a) Is professionally incompetent	Revocation	Suspension until professional incompetence is addressed to the Board’s satisfaction.	$50,000	$5,000
(b) Is physically or mentally incompetent	Revocation	Suspension until physical or mental incompetence is addressed to the Board’s satisfaction.	$50,000	$0
(5) Solicits or advertises in violation of Health Occupations Article, §14-503, Annotated Code of Maryland	Reprimand with probation	Reprimand	$50,000	$5,000
(6) Abandons a patient	Revocation	Reprimand	$50,000	$10,000
(7) Habitually is intoxicated	Revocation	Suspension until physician is in treatment and has been abstinent for 6 months	$50,000	$0
(8) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland	Revocation	Suspension until physician is in treatment and has been abstinent for 6 months	$50,000	$0
(9) Provides professional services: (a) While under the influence of alcohol; or (b) While using any narcotic or controlled dangerous substance, 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	Suspension until physician is in treatment and has been abstinent for 6 months	$100,000	$10,000
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain	Suspension for 5 years	Reprimand	$50,000	$10,000
(11) Willfully makes or files a false report or record in the practice of medicine	Revocation	Reprimand	$50,000	$10,000
(12) Willfully fails to file or record any medical report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report	Revocation	Reprimand	$50,000	$10,000
(13) On proper request, and in accordance with the provisions of Health - General Article, Title 4, Subtitle 3, Annotated Code of Maryland, fails to provide details of a patient’s medical record to the patient, another physician, or hospital	Suspension	Reprimand	$10,000	$1,000
(14) Solicits professional patronage through an agent or other person or profits from the acts of a person who is represented as an agent of the physician	Suspension for 1 year	Reprimand	$50,000	$5,000
(15) Pays or agrees to pay any sum to any person for bringing or referring a patient or accepts or agrees to accept any sum from any person for bringing or referring a patient	Revocation	Reprimand	$100,000	$10,000
(16) Agrees with a clinical or bioanalytical laboratory to make payments to the laboratory for a test or test series for a patient, unless the licensed physician discloses on the bill to the patient or third-party payor: (a) The name of the laboratory; (b) The amount paid to the laboratory for the test or test series; and (c) The amount of procurement or processing charge of the licensed physician, if any, for each specimen taken	Suspension for 1 year	Reprimand	$50,000	$10,000
(17) Makes a willful misrepresentation in treatment	Revocation	Reprimand	$50,000	$10,000
(18) Unauthorized Persons
(a) Practices medicine with an unauthorized person or aids an unauthorized person in the practice of medicine	Revocation	Reprimand	$50,000	$10,000
(b) When the offense under §B(18)(a) of this regulation: (i) Consists solely of a physician permitting an unlicensed allied health professional to work in a hospital (ii) The allied health professional is employed by the hospital, not the physician; (iii) The physician is not employed by the hospital; and (iv) The recruitment, hiring, scheduling, and credentialing of the allied health professional is performed by the hospital and not the physician	Suspension for 1 year	Reprimand	$50,000	$0
(19) Grossly overutilizes health care services	Revocation	Reprimand and probation for 2 years	$50,000	$10,000
(20) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine	Revocation	Reprimand	$50,000	$10,000
(21) Is disciplined by a licensing or disciplinary authority or convicted or disciplined by a court of any state or country or disciplined by any branch of the United States uniformed services or the Veterans’ Administration for an act that would be grounds for disciplinary action under this section	Penalty comparable to what Board imposes under equivalent Maryland ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is lesser than Board sanction would be.	Fine comparable to what Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by original licensing authority if this is lesser than Board sanction would be
(22) Fails to meet appropriate standards as determined by appropriate peer review for the delivery of quality medical and surgical care performed in an outpatient surgical facility, office, hospital, or any other location in this State	Revocation	Reprimand	$50,000	$5,000
(23) Willfully submits false statements to collect fees for which services are not provided	Revocation	Reprimand	$50,000	$10,000
(24) Was subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under this section, and the licensee: (a) Surrendered the license issued by the state or country to the state or country; or (b) Allowed the license issued by the state or country to expire or lapse	Penalty comparable to what Board imposes under equivalent Maryland ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is lesser than Board sanction would be	Fine comparable to what Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by original licensing authority if this is lesser than Board sanction would be
(25) Knowingly fails to report suspected child abuse in violation of the Family Law Article, §5-704, Annotated Code of Maryland	Revocation	Reprimand	$50,000	$5,000
(26) Fails to educate a patient being treated for breast cancer of alternative methods of treatment as required by of Health-General Article, §20-113, Annotated Code of Maryland	Reprimand and probation of 1 year with mandatory CMEs	Reprimand	$50,000	$5,000
(27) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes	Revocation	Reprimand and probation for 3 years with practice oversight	$100,000	$10,000
(28) Fails to comply with the provisions of Health Occupations Article, §12-102, Annotated Code of Maryland, regarding dispensing prescriptions	Suspension for 2 years	Reprimand	$50,000	$2,500
(29) 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 to render because the individual is HIV positive	Suspension for 1 year	Reprimand	$50,000	$5,000
(30) Except as to an association that has remained in continuous existence since July 1, 1963: (a) Associates with a pharmacist as a partner or co-owner of a pharmacy for the purpose of operating a pharmacy; (b) Employs a pharmacist for the purpose of operating a pharmacy; or (c) Contracts with a pharmacist for the purpose of operating a pharmacy	Suspension for 3 years	Reprimand	$50,000	$5,000
(31) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions	Revocation	Reprimand	$100,000	$10,000
(32) Fails to display the notice regarding CDC universal precautions, as required under Health Occupations Article, §14-415, Annotated Code of Maryland	Suspension	Reprimand	$10,000	$1,000
(33) Fails to cooperate with a lawful investigation conducted by the Board	Revocation	Reprimand	$50,000	$10,000
(34) Is convicted of insurance fraud as defined in Insurance Article, §27-801, Annotated Code of Maryland	Revocation	Suspension for 6 months	$50,000	$10,000
(35) Is in breach of a service obligation resulting from the applicant’s or licensee’s receipt of State or federal funding for the licensee’s medical education	Revocation	Reprimand	$100,000	$10,000
(36) Willfully makes a false representation when seeking or making application for licensure or any other application related to the practice of medicine	Revocation	Reprimand	$50,000	$10,000
(37) By corrupt means, threats, or force, intimidates or influences, or attempts to intimidate or influence, for the purpose of causing any person to withhold or change testimony in hearings or proceedings before the Board or those otherwise delegated to the Office of Administrative Hearings	Revocation	Suspension for 3 years	$50,000	$10,000
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise delays any person from making information available to the Board in furtherance of any investigation of the Board	Revocation	Suspension for 3 years	$50,000	$10,000
(39) Intentionally misrepresents credentials for the purpose of testifying or rendering an expert opinion in hearings or proceedings before the Board or those otherwise delegated to the Office of Administrative Hearings	Revocation	Probation for 3 years	$50,000	$10,000
(40) Fails to keep adequate medical records as determined by appropriate peer review	Suspension for 1 year	Reprimand	$50,000	$2,500
(41) Performs a cosmetic surgical procedure in an office or a facility that is not: (a) Accredited by: (i) The American Association for Accreditation of Ambulatory Surgical Facilities; (ii) The Accreditation Association for Ambulatory Health Care; or (iii) The Joint Commission on the Accreditation of Health Care Organizations; or (b) Certified to participate in the Medicare program, as enacted by Title XVIII of the Social Security Act	Revocation	Reprimand	$50,000	$10,000
(42) Fails to comply with the provisions of Health Occupations Article, §14-504, Annotated Code of Maryland, regarding acupuncture	Revocation of acupuncture registration	Reprimand	$0	$0
(43) Fails to comply with the provisions of Health Occupations Article, Title 1, Subtitle 3, Annotated Code of Maryland, regarding patient referrals	Revocation	Suspension for 6 months	$100,000	$25,000