Sec. 10.32.10.19. Sanctioning Guidelines for Radiation Therapists, Radiographers, Nuclear Radiation Technologists, and Radiologist Assistants

A. Subject to provisions of Regulation .16F and G of this chapter, the Board may impose sanctions as outlined in §B of this regulation on a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant for violations of Health Occupations Article, §14-5B-14(a), 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, licensed individual, or for another	Revocation	Reprimand with probation for 2 years	$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 radiation therapy, radiography, nuclear medicine technology, or radiology assistance	Revocation	Reprimand with probation for 2 years	$5,000	$1,000
(4) Incompetence. (a) Is professionally incompetent	Revocation	Suspension until professional incompetence is addressed to Board’s satisfaction	$5,000	$1,000
(b) Is physically, or mentally incompetent	Revocation	Suspension until physical or mental incompetence is addressed to Board’s satisfaction	$5,000	$0
(5) Abandons a patient	Revocation	Reprimand	$5,000	$1,000
(6) Is habitually intoxicated	Revocation	Suspension until licensee is in treatment and has been 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 licensee is in treatment and has been 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 licensee is in treatment and has been abstinent for 6 months	$5,000	$500
(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 radiation therapy, radiography, nuclear medicine technology, or radiology assistance	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 a report, or induces another to fail to file or record a 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 person 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	$500
(14) Knowingly makes a misrepresentation while practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance	Revocation	Reprimand	$5,000	$1,000
(15) Knowingly practices radiation therapy, radiography, nuclear medicine technology, or radiology assistance with an unauthorized individual or aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance	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 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 U.S. Department of Veterans Affairs  for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes	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 the original licensing authority if this is lesser than the Board sanction would be
(18) Fails to meet appropriate standards for the delivery of quality radiation therapy, radiography, nuclear medicine technology, or radiology assistance care performed in any outpatient surgical facility, office, hospital or related institution, or any other location in this State	Revocation	Reprimand	$5,000	$500
(19) Knowingly submits false statements to collect fees for which services are not provided	Revocation	Reprimand	$5,000	$1,000
(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 sanction would be from the Board	Fine comparable to what the Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by the original licensing authority if this is less than the Board sanction 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, probation for 3 years with practice oversight	$5,000	$500
(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 a radiation therapy, radiography, nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, radiography, nuclear medicine technology, or radiology assistance equipment if the applicant or licensee has not received education, internship, training, or experience 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 a supervisory order of a supervising physician	Revocation	Suspension for 3 months	$5,000	$2,500