Sec. 10.68.01.09. Suspension or Revocation of a Certificate

A. The Department may suspend or revoke the certificate of a community health worker who no longer meets the requirements established under this chapter.

B. Subject to the hearing provisions of COMAR 10.01.03, the Department may suspend or revoke a certificate if the individual:

(1) Fraudulently or deceptively obtains or attempts to obtain a certificate for a community health worker or for another individual;

(2) Fraudulently or deceptively uses a certificate;

(3) Otherwise fails to meet substantially the standards for certification adopted under this chapter;

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Performs the duties of a community health worker 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 other drug that is in excess of therapeutic amounts or without valid medical indication;

(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state, territory, or country for an act that would be grounds for suspension or revocation action under this title;

(7) Performs the duties of a certified community health worker with an unauthorized person or supervises or aids an unauthorized person in performing the duties of a certified community health worker;

(8) Willfully makes or files a false report or record while performing the duties of a certified community health worker;

(9) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(10) Commits an act of unprofessional conduct in performing the duties of a community health worker;

(11) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the individual is certified and qualified to render because of the individual’s race, sex, creed, color, national origin, marital status, sexual orientation, age, gender identity, or disability; or

(12) Fails to maintain on file with the Department a current resident address or employment address or notify the Department when the residency or place of employment changes.

C. The Department shall proceed with the suspension or revocation in accordance with the provisions in COMAR 10.01.03.

D. The Department shall send written notice of intent to suspend or revoke a certificate to the individual and identify the specific deficiencies.

E. Within 30 calendar days after receipt of written notice, the individual may submit to the Department:

(1) A written plan by the individual to meet the applicable deficiencies; or

(2) A written response setting forth documentation that the individual is meeting and maintaining each of the applicable requirements as set forth in this chapter.

F. Based on deficiencies and the individual’s response, if any, the Department may suspend, revoke, or reinstate a certificate.

G. Appealing the Decision to Suspend or Revoke a Certificate.

(1) An individual may appeal the decision to suspend or revoke a certificate by submitting a request in writing to the Department within 30 calendar days of the date on the notice of suspension or revocation of a certificate.

(2) If an individual submits an appeal, the Department, within 60 calendar days, shall:

(a) Grant or deny the appeal; and

(b) Send individual written notice:

(i) Indicating whether the appeal has been granted or denied; and

(ii) Providing an explanation of the decision.

(3) The Department may not refund a fee if a certification is suspended or revoked.

H. An individual may request a hearing within 10 calendar days after receipt of written notice.

I. When the Department receives the request, it will follow hearing procedures in accordance with COMAR 10.01.03.