Sec. 10.32.11.16. Sanctioning Guidelines for Respiratory Care Practitioners

A. Subject to provisions of Regulation .15F and G of this chapter, the Board may impose sanctions as outlined in §B of this regulation on respiratory care practitioners for violations of Health Occupations Article, §14-5A-17(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 or temporary license for the applicant, licensed individual, holder of a temporary license, 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 respiratory care	Revocation	Reprimand	$5,000	$1,000
(4) Incompetence. (a) Is professionally incompetent	Revocation	Suspension until professional incompetence is addressed to Board’s satisfaction	$5,000	$500
(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 respiratory care	Revocation	Reprimand	$5,000	$1,000
(15) Knowingly practices respiratory care with an unauthorized individual or aids an unauthorized individual in the practice of respiratory care	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 board 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 board if this is less than the Board fine would be
(18) Fails to meet appropriate standards for the delivery of respiratory care performed in any inpatient or outpatient facility, office, hospital or related institution, domiciliary care facility, patient's home, 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 this section and the licensee: (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 board if this is less than the Maryland Board sanction would be	Penalty comparable to what the Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by the original licensing board 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 with 3 years of probation 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 respiratory care procedure or uses or attempts to use respiratory care 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 a supervisory order of a supervising physician	Revocation	Suspension for 3 months	$5,000	$2,500