Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 32 - BOARD OF PHYSICIANS
Chapter 10.32.06 - Licensure of Polysomnographic Technologists
Section 10.32.06.10 - Prohibited Conduct
Universal Citation: MD Code Reg 10.32.06.10
Current through Register Vol. 51, No. 19, September 20, 2024
A. Subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:
(1) Fraudulently,
or deceptively obtains or attempts to obtain a license for the applicant or
licensee, or for another;
(2)
Fraudulently or deceptively uses a license;
(3) Is guilty of unprofessional or immoral
conduct in the practice of polysomnography;
(4) Is professionally, physically, or
mentally incompetent;
(5) Abandons
a patient;
(6) Is habitually
intoxicated;
(7) Is addicted to or
habitually abuses any narcotic or controlled dangerous substance as defined in
Criminal Law Article, §5-101, Annotated Code of
Maryland;
(8) Provides professional
services 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 any other drug that is in excess of therapeutic amounts or without
valid medical indication;
(9) Promotes the sale of services, drugs,
devices, appliances, or goods to a patient so as to exploit the patient for
financial gain;
(10) Willfully
makes or files a false report or record in the practice of
polysomnography;
(11) Willfully
fails to file or record any report as required under law, willfully impedes or
obstructs the filing or recording of a report, or induces another to fail to
file or record a report;
(12)
Breaches patient confidentiality;
(13) Pays or agrees to pay any sum or provide
any form of remuneration or material benefit to any individual for bringing or
referring a patient, or accepts or agrees to accept any sum or any form of
remuneration or material benefit from an individual for bringing or referring a
patient;
(14) Knowingly makes a
misrepresentation while practicing polysomnography;
(15) Knowingly practices polysomnography with
an unauthorized individual, or aids an unauthorized individual in the practice
of polysomnography;
(16) Knowingly
delegates a polysomnographic duty to an unlicensed individual;
(17) Offers, undertakes, or agrees to cure or
treat disease by a secret method, treatment, or medicine;
(18) Is disciplined by a licensing or
disciplinary authority, is convicted or disciplined by a court of any state or
country, or is disciplined by any branch of the United States uniformed
services or the U.S. Department of Veterans Affairs for an act that would be
grounds for disciplinary action under the Board's disciplinary
statutes;
(19) Fails to meet
appropriate standards for the delivery of polysomnographic services performed
in a hospital sleep laboratory or a stand-alone sleep center;
(20) Knowingly submits false statements to
collect fees for which services are not provided;
(21) Has been subject to investigation or
disciplinary action by a licensing or disciplinary authority or by a court of
any state or country for an act that would be grounds for disciplinary action
under the Board's disciplinary statutes and has:
(a) Surrendered the license, if any, issued
by the state or country; or
(b)
Allowed the license, if any, issued by the state or country to expire or
lapse;
(22) Knowingly
fails to report suspected child abuse in violation of Family Law Article,
§5-704, Annotated Code of
Maryland;
(23) Sells, prescribes,
gives away, or administers drugs for illegal or illegitimate medical
purposes;
(24) Practices or
attempts to practice beyond the authorized scope of practice;
(25) 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;
(26) Refuses, withholds
from, denies, or discriminates against an individual with regard to the
provision of professional services for which the licensee is licensed and
qualified to render because the individual is HIV positive;
(27) Practices or attempts to practice a
polysomnography procedure or uses or attempts to use polysomnography equipment
if the applicant or licensee has not received education and training in the
performance of the procedure or the use of the equipment; or
(28) Fails to cooperate with a lawful
investigation conducted by the Board.
B. Crimes of Moral Turpitude.
(1) Proceedings for crimes of moral turpitude
under Health Occupations Article, § 14-5 C-17(c), Annotated Code of
Maryland, shall be held in accordance with COMAR
10.32.02.04F.
(2) On the filing of certified
docket entries with the Board by the Office of the Attorney General, the Board
shall order the suspension of a license if the licensee is convicted of, or
pleads guilty or nolo contendere with respect to, a crime involving moral
turpitude, whether or not any appeal or other proceeding is pending to have the
conviction or plea set aside.
(3)
After completion of the appellate process, if the conviction has not been
reversed or the plea has not been set aside with respect to a crime involving
moral turpitude, the Board shall order the revocation of a license on the
certification by the Office of the Attorney General.
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