Sec. 10.32.08.12. Sanctioning Guidelines for Athletic Trainers

A. Subject to provisions of Regulation .11D-E of this chapter, the Board may impose sanctions as outlined in §B of this regulation on athletic trainers for violations of Health Occupations Article, §14-5D-14, 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, for the licensee, or for another	Revocation	Reprimand with 2 years of probation	$5,000	$1,000
(2) Fraudulently or deceptively uses a license	Revocation	Probation	$5,000	$1,000
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic training	Revocation	Reprimand	$5,000	$1,000
(4) Incompetence. (a) Is professionally incompetent;	Revocation	Suspension until professional incompetence is addressed to the Board’s satisfaction	$5,000	$1,000
(b) Is physically or mentally incompetent	Revocation	Suspension until physical or mental incompetence is addressed to the Board’s satisfaction	$5,000	0
(5) Abandons a patient	Revocation	Reprimand	$5,000	$1,000
(6) Is habitually intoxicated	Revocation	Suspension until professional is in treatment and abstinent for 6 months	$5,000	0
(7) 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 professional is in treatment and abstinent for 6 months	$5,000	0
(8) Provides professional services while: (a) Under the influence of alcohol; or (b) Using any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5–101, Annotated Code of Maryland, or any other drug that is in excess of therapeutic amounts or without valid medical indication	Revocation	Suspension until professional is in treatment and abstinent for 6 months	$5,000	$1,000
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain	Suspension for 5 years	Reprimand	$5,000	$1,000
(10) Willfully makes or files a false report or record in the practice of athletic training	Revocation	Reprimand	$5,000	$1,000
(11) Willfully fails to file or record any 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	$5,000	$1,000
(12) Breaches patient confidentiality	Revocation	Reprimand	$5,000	$1,000
(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any individual for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient	Revocation	Reprimand	$5,000	$1,000
(14) Knowingly makes a misrepresentation while practicing athletic training	Revocation	Reprimand	$5,000	$1,000
(15) Knowingly practices athletic training with an unauthorized individual or aids an unauthorized individual in the practice of athletic trainer services	Revocation	Reprimand	$5,000	$1,000
(16) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine	Revocation	Reprimand	$5,000	$1,000
(17) Is disciplined by a licensing, certifying, or disciplinary authority or is convicted or disciplined by a court of any state or country or is 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 the Board imposes under equivalent Maryland ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is less than the Board sanction would be	Fine comparable to what the Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by original licensing authority if this is less than the Board fine would be
(18) Fails to meet appropriate standards for the delivery of athletic training services	Revocation	Reprimand	$5,000	$500
(19) Knowingly submits false statements to collect fees for which services have not been provided;	Revocation	Reprimand	$5,000	$500
(20) Has been 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 the Board’s disciplinary statutes; and the licensed individual: (a) Surrendered the license issued by the state or country; or (b) Allowed the license issued by the state or country to expire or lapse	Penalty comparable to what the Board imposes under equivalent Maryland ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is less than the Board sanction would be	Fine comparable to what the Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by original licensing authority if this is less than the Board fine would be
(21) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5–704, Annotated Code of Maryland	Revocation	Reprimand	$5,000	$500
(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes	Revocation	Reprimand and 3 years of probation with practice oversight	$5,000	$1,000
(23) Practices or attempts to practice beyond the authorized scope of practice	Revocation	Suspension for 3 months	$5,000	$2,500
(24) 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	$5,000	$500
(25) Practices or attempts to practice an athletic training procedure or uses or attempts to use athletic training equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment	Revocation	Suspension for 3 months	$5,000	$2,500
(26) Fails to cooperate with a lawful investigation conducted by the Board	Revocation	Reprimand	$5,000	$1,000
(27) Fails to practice under the supervision of a physician or violates the approved evaluation and treatment protocol	Revocation	Suspension for 3 months	$5,000	$2,500
(28) Violates an order of the Board, including any condition of probation.	Revocation	Suspension for 3 months	$5,000	$2,500