1. A. Subject to the provisions of this chapter, the Board may impose the following sanctions and, if appropriate, penalties for violations of the Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

   Violation		Minimum Sanction	Maximum Sanction	Minimum Penalty	Maximum Penalty
   (1)	False application and registration	Probation for 1 year	Denial of registration application or revocation	$50	$2,500
   (2)	Performing acts outside of permissible scope	Probation for 1 year	Revocation	$50	$2,500
   (3)	Convicted of, or pled guilty to, a felony or crime of moral turpitude	Probation for 1 year	Denial of registration application or revocation	$500	$2,500
   (4)	Physical or mental incompetence	Active suspension for 1 year	Denial of registration application or revocation	N/A	N/A
   (5)	Diversion	Active suspension for 1 year	Revocation	$1,000	$2,500
   (6)	Reciprocal discipline	Reprimand	Denial of registration application or revocation	$250	$2,500
   (7)	Lack of good moral character	Probation for 1 year	Denial of registration application or revocation	N/A	N/A
   (8)	Sexual misconduct	Active suspension for 1 year	Revocation	$1,000	$2,500
   (9)	Professional incompetence	Probation for 1 year	Revocation	$100	$2,500
   (10)	Confidentiality violation	Probation for 1 year	Revocation	$1,000	$2,500
   (11)	Failure to cooperate in Board or Division of Drug Control investigation	Reprimand	Denial of registration application or revocation	$1,000	$2,500
   (12)	Other violation of the Act not specifically enumerated in this chapter	Reprimand	Revocation	$50	$2,500

2. B. If a 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.
3. C. A departure from the guidelines set forth in this regulation, on its own, is not grounds for any hearing or appeal of a Board action.
4. D. The Board may not consider a petition for reinstatement of a registration that has been revoked until at least 5 years have passed from the date of revocation.

Authority: Health Occupations Article, §§1-606, 12-313, 12-314, 12-409, 12-410, 12-601, 12-6B-09, 12-6B-10, 12-6C-11, 12-6D-11, 12-6D-12, and 12-707, Annotated Code of Maryland

Effective date: June 4, 1984 (11:11 Md. R. 962)

Regulation .01 amended effective January 20, 2003 (30:1 Md. R. 25); January 28, 2008 (35:2 Md. R. 127)

Regulation .02 amended effective January 28, 2008 (35:2 Md. R. 127)

Regulation .03 amended effective February 19, 1990 (17:3 Md. R. 299); January 20, 2003 (30:1 Md. R. 25)

Regulation .03A amended effective January 28, 2008 (35:2 Md. R. 127)

Regulation .04 amended effective January 20, 2003 (30:1 Md. R. 25)

Regulation .04-1 adopted effective January 28, 2008 (35:2 Md. R. 127)

Regulation .05 amended effective January 20, 2003 (30:1 Md. R. 25)

Regulation .06 amended effective January 28, 2008 (35:2 Md. R. 127)

Regulation .06C, D amended and .06E, F adopted effective January 20, 2003 (30:1 Md. R. 25)

Regulation .07B amended effective February 19, 1990 (17:3 Md. R. 299)

Regulation .07B, D amended effective January 20, 2003 (30:1 Md. R. 25)

Regulation .07C amended effective January 28, 2008 (35:2 Md. R. 127)

Regulations .01—.07 repealed and new Regulations .01—.11 adopted effective December 24, 2012 (39:25 Md. R. 1613)

Regulation .02B amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .03A amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .04A amended effective July 1, 2015 (42:7 Md. R. 569)

Regulation .04-1 adopted effective July 1, 2015 (42:7 Md. R. 569)

Regulation .09B, D amended effective July 1, 2015 (42:7 Md. R. 569)