Sec. 10.42.09.04. Guidelines for Disciplinary Sanctions and Imposition of Penalties

A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Social Workers Act, Health Occupations Article, §19-311, Annotated Code of Maryland, and 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	Active suspension for 90 days, or $2,000 fine, or both	Denial of a license application or revocation, or $10,000 fine, or both
(2) Fraudulently uses a license	Active suspension for 90 days, or $2,000 fine, or both	Denial of a license application or revocation, or $10,000 fine, or both
(3) Physical or mental incompetence	Probation of 1 year	Denial of license application or revocation
(4) Commits any act of gross negligence, incompetence, or misconduct in the practice of social work	Probation for 1 year, or $1,000 fine, or both	Revocation, or $10,000 fine, or both
(5) Knowingly violates any provision of Health Occupations Article, Title 19, Annotated Code of Maryland	Probation for 1 year, or $1,000 fine, or both	Revocation, or $10,000 fine, or both
(6) Engages in a course of conduct that is inconsistent with generally accepted professional standards in the practice of social work	Probation for 1 year, or $1,000 fine, or both	Revocation, or $10,000 fine, or both
(7) Violates any provision of this title or regulations governing the practice of social work adopted and published by the Board	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both
(8) Is convicted of or pleads guilty or nolo contendere to a felony or crime of moral turpitude	Probation for 1 year, or $1,000 fine, or both	Denial of license application or revocation, or $10,000 fine, or both
(9) Provides professional services while: under the influence of alcohol; or using any narcotic or controlled dangerous substance	Probation for 1 year, or $2,000 fine, or both	Revocation, or $10,000 fine, or both
(10) Reciprocal discipline	Reprimand, or $200 fine, or both	Denial of license application or revocation, or $10,000 fine, or both
(11) Practices social work with an unauthorized person or supervises or aids an unauthorized person in the practice of social work	Reprimand, or $1,000 fine, or both	Revocation, or $10,000 fine, or both
(12) Knowingly makes or files a false report in the practice of social work	Probation for 1 year, or $2,000 fine, or both	Revocation, or $10,000 fine, or both
(13) Knowingly fails to file or record any report as required under law	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both
(14) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both
(15) Submits a false statement to collect a fee	Probation for 1 year, or $2,000 fine, or both	Revocation, or $10,000 fine, or both
(16) Discrimination	Reprimand, or $200 fine, or both	Probation for 2 years, or $2,000 fine, or both
(17) Failure to cooperate with a lawful investigation conducted by the Board	Reprimand, or $200 fine, or both	Denial of license application or revocation, or $10,000 fine, or both
(18) Exploitation/undue influence	Active suspension for 1 year, or $2,000 fine, or both	Revocation, or $10,000 fine, or both
(19) Knowingly fails to report suspected abuse or neglect of a vulnerable adult in violation of Criminal Law Article, §3-604 or 3-605, Annotated Code of Maryland	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both
(20) Fails to comply with the requirements of any order entered by the Board	Reprimand, or $2,000 fine, or both	Denial of license application or revocation, or $10,000 fine, or both
(21) Record-keeping violations	Reprimand	Probation for 2 years
(22) Sexual misconduct or boundary violations within the professional relationship	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both
(23) Violations of COMAR 10.42.03 Code of Ethics	Reprimand, or $200 fine, or both	Revocation, or $10,000 fine, or both

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.