Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 10.36.08 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines
Section 10.36.08.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties
Current through Register Vol. 51, No. 19, September 20, 2024
A. Subject to the provisions of this chapter, the Board may impose sanctions and penalties for violations of the Maryland Psychologists Act and its regulations according to the guidelines set forth in the following categories:
|
Violation |
Minimum Sanction |
Maximum Sanction |
Minimum Penalty |
Maximum Penalty |
|
|
(1) |
Assessment violation |
Reprimand |
Probation for 1 year |
N/A |
N/A |
|
(2) |
Violation of child custody evaluation standards |
Reprimand |
Active suspension for 2 years |
$100 |
$5,000 |
|
(3) |
Criminally convicted of, or pled guilty to, a felony or crime of moral turpitude |
Probation for 1 year |
Denial of license or reigstration application or revocation |
$100 |
$10,000 |
|
(4) |
Disclosure of confidential information |
Reprimand |
Revocation |
N/A |
N/A |
|
(5) |
Engaging in dual relationships |
Reprimand |
Active suspension for 1 year |
$500 |
$5,000 |
|
(6) |
Exploitation or undue influence of a client | Active suspension for 1 year |
Revocation |
$1,000 |
$10,000 |
|
(7) |
Submitting a false statement to collect a fee |
Probation for 1 year |
Revocation |
$5,000 |
$10,000 |
|
(8) |
Fraudulently or deceptively obtaining, attempting to obtain, or using a license or registration |
Active suspension for 90 days |
Denial of license or registration application or revocation |
$1,000 |
$10,000 |
|
(9) |
Willfully making or filing a false report or record in the practice of psychology |
Active suspension for 90 days |
Denial of license or registration application or revocation |
$1,000 |
$10,000 |
|
(10) |
Professional incompetence |
Reprimand |
Revocation |
$1,000 |
$10,000 |
|
(11) |
Physical or mental incompetence |
Probation for 1 year |
Denial of license or registration application or revocation |
N/A |
N/A |
|
(12) |
Improper termination of services |
Reprimand |
Active suspension for 1 year |
N/A |
N/A |
|
(13) |
Misrepresentation of services or fees |
Reprimand |
Active suspension for 1 year |
$500 |
$5,000 |
|
(14) |
Plagiarism |
Reprimand |
Probation for 2 years |
$500 |
$5,000 |
|
(15) |
Reciprocal discipline |
Reprimand |
Denial of license or registration application or revocation |
$100 |
$10,000 |
|
(16) |
Record-keeping violation |
Reprimand |
Probation for 2 years |
N/A |
N/A |
|
(17) |
Sexual misconduct |
Active suspension for 2 years |
Denial of license or registration application or revocation for 10 years |
$5,000 |
$10,000 |
|
(18) |
Standard of practice violation not specifically enumerated in this chapter |
Reprimand |
Revocation |
$100 |
$10,000 |
|
(19) |
Supervision violation |
Reprimand |
Revocation |
$500 |
$5,000 |
|
(20) |
Violation of the Psychology Associate requirements |
Reprimand |
Revocation |
$500 |
$5,000 |
|
(21) |
Aiding another to practice without a license or registration or misrepresenting to the public that a person is a licensed psychologist or registered psychology associate |
Reprimand |
Denial of license or registration application or revocation |
$500 |
$5,000 |
|
(22) |
Willfully failing to file or record any report as required under law, willfully impeding or obstructing the filing or recording of the report, or inducing another to fail to file or record the report |
Reprimand |
Revocation |
$100 |
$5,000 |
|
(23) |
Failure to cooperate in a Board investigation or comply with a Board order |
Reprimand |
Denial of license or registration application or revocation |
$100 |
$10,000 |
|
(24) |
Failure to comply with informed consent requirements |
Reprimand |
Probation for 2 years |
$100 |
$1,000 |
|
(25) |
Violation of provisions regarding duty to commit, treat, or warn |
Reprimand |
Revocation |
$100 |
$1,000 |
|
(26) |
Discrimination |
Reprimand |
Probation for 2 years |
$100 |
$1,000 |
|
(27) |
Other violation of the Act not specifically enumerated in this chapter |
Reprimand |
Denial of license or registration application or revocation |
$100 |
$10,000 |
B. If a licensee or registrant is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control.
C. Notwithstanding the guidelines set forth in this regulation, in order to resolve a pending disciplinary action, the Board and licensee or registrant may agree to a surrender of a license or registration or to a consent order with terms, sanction, and penalty agreed to by the Board and the licensee or registrant.
D. A departure from the guidelines set forth in this regulation alone is not grounds for any hearing or appeal of a Board action.
