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 Code of Maryland Regulations (Last Updated: April 6, 2021)
 Title 10. Maryland Department of Health
 Part 5.
 Subtitle 41. BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, AND SPEECH LANGUAGE PATHOLOGISTS
 Chapter 10.41.13. Sanctioning Guidelines

  Sec. 10.41.13.04. Guidelines for Disciplinary Sanctions and Imposition of Penalties  

Latest version.

  • A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Audiology, Hearing Aid Dispensing, and Speech-Language Pathology Act and its regulations according to the guidelines set forth in the following chart:

    Violation Minimum
    Sanction/Penalty     		Maximum
    Sanction/Penalty
    (1) Fraudulently or deceptively obtains or attempts to obtain a license or limited license for the applicant, licensee, or holder or for another Suspension for 90 days;
    $1,000 fine     		Denial of license application or revocation;
    $5,000 fine
    (2) Fraudulently or deceptively uses a license or limited license Suspension for 90 days;
    $1,000 fine     		Denial of license application or revocation;
    $5,000 fine
    (3) Commits fraud or deceit Probation for 30 days;
    $1,000 fine     		Revocation;
    $5,000 fine
    (4) Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude Probation for 1 year;
    $1,000 fine     		Revocation;
    $5,000 fine
    (5) Obtains a fee through fraud or misrepresentation Suspension for 90 days;
    $1,000 fine     		Revocation;
    $5,000 fine
    (6) Directly or indirectly employs any unlicensed person or person whose license has been suspended Reprimand Suspension for 90 days;
    $1,000 fine
    (7) Uses or promotes or causes the use of any misleading advertising Reprimand Suspension for 1 year;
    $5,000 fine
    (8) Falsely represents oneself as a physician or doctor Reprimand Suspension for 1 year;
    $5,000 fine
    (9) Permits another person to use the license of the licensee or limited licensee of the holder Suspension for 90 days;
    $1,000 fine     		Revocation;
    $5,000 fine
    (10) Commits any act of unprofessional conduct Reprimand Suspension for 1 year;
    $1,000 fine
    (11) Violates any lawful order of the Board Reprimand;
    $1,000 fine     		Revocation;
    $5,000 fine
    (12) Violates any provision of Health Occupations Article, Title 2, Annotated Code of Maryland Reprimand Suspension for 1 year;
    $1,000 fine
    (13) Provides professional services while under the influence Probation for 1 year;
    $1,000 fine     		Revocation;
    $5,000 fine
    (14) Is disciplined by a licensing or disciplinary authority of any other state or country Reprimand Denial of license application;
    $5,000 fine
    (15) Practicing with an unauthorized person Reprimand;
    $500 fine     		Revocation;
    $5,000 fine
    (16) Knowingly makes or files a false report or record Probation for 1 year;
    $500 fine     		Revocation;
    $5,000 fine
    (17) Knowingly fails to file or record any report or record Reprimand;
    $500 fine     		Revocation;
    $5,000 fine
    (18) Submits a false statement to collect a fee Reprimand;
    $1,000 fine     		Revocation;
    $5,000 fine
    (19) Professionally, physically, or mentally incompetent Reprimand Revocation;
    $5,000 fine
    (20) Exploiting patient for financial gain Probation for 1 year;
    $1,000 fine     		Revocation;
    $5,000 fine
    (21) Immoral behavior Reprimand Revocation;
    $5,000 fine
    (22) Discrimination against HIV or HIV positive patient Reprimand Suspension for 90 days;
    $1,000 fine
    (23) Paying for referrals Suspension for 90 days Suspension for 1 year
    (24) Violation of COMAR 10.41.02 Code of Ethics Reprimand Revocation;
    $5,000 fine
    (25) Violates the Door-to-Door Sales Act and Hearing Aid Sales Act Reprimand Revocation;
    $5,000 fine
    (26) Violates any Food and Drug Administration law or regulation governing the sale of hearing aids Reprimand Suspension;
    $1,000 fine

    B. If a licensee is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction and penalty shall prevail.

    C. Notwithstanding the guidelines set forth in this chapter, in order to resolve a pending disciplinary action, the Board and licensee may agree to a surrender of license or a consent order with terms, sanction, and penalty agreed to by the Board and the licensee.

    D. A departure from the guidelines set forth in this chapter alone is not grounds for any hearing or appeal of a Board action.