Sec. 10.32.21.13. Sanctioning Guidelines

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

B. Range of Sanctions.

Ground	Maximum Sanction	Minimum Sanction
(1) Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance	Revocation	Suspension until physician is in treatment and has been abstinent for 6 months
(2) Has been found to be mentally incompetent by a physician, and that incompetence impairs the ability to practice naturopathic medicine	Revocation	Suspension until mental incompetence is addressed to the Board’s satisfaction
(3) Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state	Comparable to Penalty Imposed	Comparable to Penalty Imposed
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant or another	Revocation	Reprimand and probation for 2 years
(5) Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state	Revocation	Comparable to Penalty Imposed
(6) Uses false, deceptive, or misleading advertising	Revocation	Reprimand
(7) Advertises, practices, or attempts to practice under a name other than the applicant’s or licensees own name	Revocation	Reprimand
(8) Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine	Revocation	Reprimand
(9) Willfully makes or files a false report or record in the practice of naturopathic medicine	Revocation	Reprimand
(10) Willfully or negligently fails to file a report or record as required by 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
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages in any split fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers	Revocation	Reprimand
(12) Exercises influence within a patient-doctor relationship for purposes of engaging a patient in sexual activity	Revocation	Reprimand
(13) Engages in sexual misconduct with a patient	Revocation	Reprimand
(14) Fails to keep written medical records justifying the course of treatment of a patient	Revocation	Reprimand
(15) Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established	Revocation	Reprimand
(16) Delegates professional responsibilities to an individualwhen the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities	Suspension	Reprimand
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a patient as to exploit the patient for financial gain	Revocation	Reprimand
(18) Breaches patient confidentiality	Revocation	Reprimand
(19) Is guilty of unprofessional or immoral conduct in the practice of naturopathic medicine	Revocation	Reprimand and probation for 2 years
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine	Revocation	Reprimand
(21) Knowingly fails to report suspected child abuse in violation of Section 5-704 of the Family Law Article	Suspension	Reprimand
(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes	Revocation	Reprimand
(23) 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	Revocation	Reprimand
(24) Fails to cooperate with a lawful investigation of the Board	Revocation	Reprimand and probation for 3 years
(25) Abandons a patient	Revocation	Reprimand
(26) Violates any provision of this title or any of these regulations adopted by the Board	Revocation	Reprimand