Current through Register Vol. 51, No. 19, September 20, 2024
A. A penalty of not less than $100 or more
than $1,000 may be imposed by the Board on a licensee if found guilty of any of
the following:
(1) Filing a false report or
record of an individual under the licensee's care;
(2) Giving any false or misleading
information about a material matter in an employment application;
(3) Failing to file or record any health
record that is required by law;
(4)
Obstructing the filing or recording of any health record as required by
law;
(5) Inducing another
individual to fail to file or record any health record as required by
law;
(6) Violating any provision of
Health Occupations Article, §8-316, Annotated
Code of Maryland;
(7) Submitting a
false statement to collect a fee;
(8) Being professionally, physically, or
mentally incompetent;
(9) Providing
professional services while:
(a) Under the
influence of alcohol, or
(b) Using
any narcotic or controlled dangerous substance, as defined in Criminal Law
Article, Annotated Code of Maryland, or other drug that is in excess of
therapeutic amounts or without valid medical indication;
(10) Knowingly failing to report suspected
child abuse in violation of Family Law Article, §5-704, Annotated Code of
Maryland;
(11) Refusing,
withholding, denying, or discriminating against an individual with regard to
the provision of professional services for which the licensee is licensed and
qualified to render care because the individual is HIV positive;
(12) Except in an emergency life-threatening
situation where it is not feasible or practicable, failing to comply with the
guidelines on universal precautions which are incorporated by reference in
COMAR 10.06.01.02B(13);
(13) Being in independent practice and
failing to display the notice required under Health Occupations Article, §8-506, Annotated
Code of Maryland;
(14) Failing to
begin to fulfill a public service requirement within 1 year of when the
assignment is to begin that was a condition of the applicant or licensee
receiving State or federal loans or scholarships for the applicant's or
licensee's nursing education; or
(15) Being expelled from the Safe Practice
Program established pursuant to Health Occupations Article, §8-208, Annotated
Code of Maryland, for failure to comply with the conditions of the
program.
B. Violation of
Probation. A penalty of $100 per violation may be imposed by the Board on a
licensee who fails to comply with the conditions of probation.
C. A penalty of not less than $1,000 or more
than $5,000 may be imposed by the Board on a licensee found guilty of any of
the following:
(1) Fraudulently or deceptively
obtaining or attempting to obtain a license for the applicant or for
another;
(2) Fraudulently or
deceptively using a license;
(3)
Being disciplined by a licensing or disciplinary authority of any other state
or country or convicted or disciplined by a court of any state or country for
an act that would be grounds for disciplinary action under the Board's
disciplinary statutes;
(4) Being
convicted of or pleading 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.
D. The Board may impose a penalty of not less
than $500 or more than $5,000 upon a licensee found guilty of knowingly doing
any act that has been determined by the Board, in the Board's regulations, to
exceed the scope of practice authorized to the individual under this title when
the violation is:
(1) Determined to be willful
or actual harm results, or both, the penalty may range from $500 to
$5,000;
(2) Determined to be
willful and there is potential harm to the public, the penalty may range from
$500 to $2,000;
(3) Determined to
be negligent or actual harm results, or both, the penalty may range from $500
to $5,000;
(4) Determined to be
negligent and there is potential harm to the public, the penalty may range from
$500 to $2,000; and
(5) A repeat
offense, the penalty may be double the amount for the category of offense
described in this section, not to exceed $5,000.
E. A penalty of up to $1,000 per violation
may be imposed by the Board on a licensee who knowingly abuses a patient
without causing patient harm.
F. A
penalty of up to $5,000 per violation may be imposed by the Board on a licensee
who knowingly abuses a patient and causes patient harm.
G. Fines other than those stated above may be
imposed at the discretion of the Board.
H. Failure to Renew.
(1) The Board may impose the following
penalties on a licensee for failure to renew licensure:
(a) Not less than $150 per month for
practicing on a non-renewed license for a period of up to 1 year; or
(b) Amount to be determined by the Board for
practicing nursing with a license that was non-renewed for a period of more
than 1 year.
(2) A
penalty of up to $5,000 may be imposed by the Board on a director of nursing
found guilty of employing nurses with lapsed licenses on two or more occasions
within 1 year.
