Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 27 - BOARD OF NURSING
Chapter 10.27.26 - Sanctioning Guidelines
Section 10.27.26.07 - Sanctioning Guidelines
Universal Citation: MD Code Reg 10.27.26.07
Current through Register Vol. 51, No. 19, September 20, 2024
Subject to the provisions of this chapter, the Board may impose sanctions for violations of the Maryland Nurse Practice Act and its regulations according to the guidelines set forth in the following categories:
A. Abuse - Physical and Psychological.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Unacceptable behavior directed to an individual, resulting in minimal harm or a risk of harm | Reprimand | Suspension for 3 years | Licensee $1,000 Certificate Holder $100 |
Licensee $4,000 Certificate Holder $400 |
| (2) Abuse resulting in significant physical or psychological injury | Probation for 3 years | Revocation | Licensee $2,000 Certificate Holder $200 |
Licensee $5,000 Certificate Holder $500 |
|
B. Criminal History.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
| (2) Convicted of or pleads guilty or nolo contendere to a sexual offense | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
C. Disciplined by Another Licensing, Military, or Disciplinary Authority.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| N/A | Licensee or Certificate Holder is disciplined by a licensing, military, or disciplinary authority in this State or in any other state or country or convicted or disciplined by a court in this State or in any other state or country for an act that would be grounds for disciplinary action under the Maryland Board of Nursing's disciplinary statutes | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
D. Diversion of Controlled Substances or Prescription Drugs or Manufacture, Sale, or Distribution of any Substance for an Illegal or Illegitimate Purpose.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Diversion without harm to self or others. | Reprimand | Probation for 5 years | Licensee $1,000 Certificate Holder $100 |
Licensee $3,000 Certificate Holder $300 |
| (2) Diversion creating risk of harm to self or others. | Probation for 3 years | Suspension for 2 years | Licensee $2,000 Certificate Holder $200 |
Licensee $3,500 Certificate Holder $350 |
|
| (3) Diversion with harm to self or others. | Suspension for 3 years | Revocation | Licensee $4,000 Certificate Holder $400 |
Licensee $5,000 Certificate Holder $500 |
|
| (4) Manufacture, sale or distribution of any substance for an illegal or illegitimate purpose. | Suspension for 3 years | Revocation | Licensee $4,000 Certificate Holder $400 |
Licensee $5,000 Certificate Holder $500 |
|
| N/A | (5) Diversion for purposes of selling to others | Revocation | Revocation | Licensee $5,000 Certificate Holder $500 |
Licensee $5,000 Certificate Holder $500 |
E. Noncompliance with Board Orders.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Failure to comply with a Board order | Probation for 3 years | Revocation | Licensee $2,000 Certificate Holder $200 |
Licensee $5,000 Certificate Holder $500 |
| (2) Failure to comply with a Board order with additional unprofessional conduct | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
| (3) Failure to comply with a Board order with serious physical injury or death of an individual, or the risk of significant physical injury or death | Revocation | Revocation | Licensee $5,000 Certificate Holder $500 |
Licensee $5,000 Certificate Holder $500 |
|
F. Practice Inconsistent with Generally Accepted Standards of Care.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Practice inconsistent with generally accepted standards resulting in no risk of harm or practice resulting in a risk of harm | Reprimand | Probation for 5 years | Licensee $1,000 Certificate Holder $100 |
Licensee $3,000 Certificate Holder $300 |
| (2) Practice inconsistent with generally accepted standards resulting in serious physical injury or death of a client, or a risk of significant physical injury or death | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
|
| (3) Practice inconsistent with generally accepted standards that constitutes gross negligence | Suspension for 1 year | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
G. Sexual Misconduct.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Unsolicited conduct of a sexual nature, including physical contact that serves no diagnostic or treatment purpose | Reprimand | Suspension for 1 year | Licensee $1,000 Certificate Holder $100 |
Licensee $3,000 Certificate Holder $300 |
| (2) A personal relationship that violates professional ethics | Probation for 1 year | Suspension for 5 years | Licensee $1,000 Certificate Holder $100 |
Licensee $4,500 Certificate Holder $450 |
|
| (3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and serves no diagnostic or treatment purpose | Probation for 2 years | Suspension for 7 years | Licensee $1,500 Certificate Holder $150 |
Licensee $5,000 Certificate Holder $500 |
|
| (4) Sexual conduct involving, but not limited to force, intimidation, the use of drugs, or alcohol, or multiple victims | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
H. Substance Abuse.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Misuse of drugs, alcohol, or any other substance for an illegal or illegitimate purpose without harm to others | Probation for 2 years | Suspension for 5 years | Licensee $1,500 Certificate Holder $150 |
Licensee $4,500 Certificate Holder $450 |
| (2) Misuse of drugs, alcohol, or any other substance for an illegal or illegitimate purpose resulting in client harm or risk of client harm | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
I. Unauthorized Practice.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Knowingly allowing an unauthorized individual to practice outside their scope of practice resulting in no client harm, minimal client harm, or greater than minimal client harm | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
| (2) Knowingly allowing an unauthorized individual who practices outside their scope of practice resulting in no client harm or minimal client harm | Reprimand | Suspension for 2 years | Licensee $1,000 Certificate Holder $100 |
Licensee $3,500 Certificate Holder $350 |
|
| (3) Knowingly allowing an unauthorized individual who practices outside their scope of practice resulting in greater than minimal client harm | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
| (4) An unauthorized practice resulting from any violation not provided for in (1)-(3) above | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
|
J. Unprofessional Conduct.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Unprofessional Conduct resulting in no physical or psychological harm | Reprimand | Suspension for 2 years | Licensee $1,000 Certificate Holder $100 |
Licensee $3,500 Certificate Holder $350 |
| (2) Failure to report a violation of the Nurse Practice Act | Reprimand | Suspension for 3 years | Licensee $1,000 Certificate Holder $100 |
Licensee $4,000 Certificate Holder $400 |
|
| (3) Unprofessional conduct resulting in financial injury | Probation for 3 years | Revocation | Licensee $2,000 Certificate Holder $200 |
Licensee $5,000 Certificate Holder $500 |
|
| (4) Unprofessional conduct resulting in physical or psychological harm or a risk of physical or psychological harm | Probation for 3 years | Revocation | Licensee $2,000 Certificate Holder $200 |
Licensee $5,000 Certificate Holder $500 |
|
| (5) Failure to cooperate with a lawful investigation conducted by the Board | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
| (6) Threatens, forces, intimidates, or influences a person to change or withhold evidence from the Board | Probation for 5 years | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
| (7) Unprofessional Conduct resulting from any violation not provided for in (1)-(6) above | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
|
K. Physical or Mental Incompetence.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| N/A | (1) Is physically incompetent | Suspension for 1 year | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
| N/A | (2) Is mentally incompetent | Suspension for 1 year | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
L. Fraud, Deceit, or Misrepresentation.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| Least to Greatest | (1) Fraudulent or deceitful conduct or misrepresentation with minimal or no risk of physical, emotional, or financial harm | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
| (2) Fraudulent or deceitful conduct or misrepresentation with physical, emotional, or financial harm or a risk of physical, emotional, or financial harm | Reprimand | Revocation | Licensee $1,000 Certificate Holder $100 |
Licensee $5,000 Certificate Holder $500 |
|
| (3) Fraudulent or deceitful conduct or misrepresentation with significant physical, emotional, or financial harm to client or others or serious risk of significant physical, emotional, or individual financial harm | Probation for 1 year | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
|
M. Expulsion from Safe Practice Program.
| Severity | Tier/Conduct | Sanction Range | Monetary Penalty Range | ||
| Minimum | Maximum | Minimum | Maximum | ||
| N/A | Is expelled from the Safe Practice Program established under Health Occupations Article, §8-208, Annotated Code of Maryland, for failure to comply with the conditions of the program. | Suspension for 1 year | Revocation | Licensee $3,000 Certificate Holder $300 |
Licensee $5,000 Certificate Holder $500 |
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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