1. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to:

   1. (1) Reeducation or completion of approved courses;
   2. (2) Payment of a fine;
   3. (3) Providing free audiology, hearing aid dispensing, speech-language pathology, or music therapy services in a Board-approved program;
   4. (4) Practicing under supervision;
   5. (5) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board;
   6. (6) Periodic review of a licensee's clinical practices or billing;
   7. (7) Periodic audits of a licensee's billing practices;
   8. (8) An examination by a physician or other appropriate health care provider;
   9. (9) Limitation of the licensee's practice;
   10. (10) Obtaining a passing score on an appropriate examination; or
   11. (11) Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee.
2. B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.

3. C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when:

   1. (1) The specific period of time has passed;
   2. (2) The licensee has successfully completed the conditions or acts required for termination; or
   3. (3) Both.

4. D. If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall:

   1. (1) Charge the licensee with a violation of probation;
   2. (2) Take any action the final order or consent order provides for a violation of probation, including suspension of the license;
   3. (3) Consider a summary suspension of the license; or
   4. (4) Take any other action the Board considers appropriate and may take by law.

5. E. Charges for Violation of Probation.

   1. (1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.

   2. (2) The charging document for a violation of probation shall:

      1. (a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;
      2. (b) Allege facts that constitute a basis for a violation of probation; and

      3. (c) Notify the respondent of:

         1. (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and
         2. (ii) The consequences of failing to appear for those proceedings or to request a hearing.
   3. (3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.
6. F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter.

7. G. If the Board determines that a respondent has violated probation, the Board shall:

   1. (1) Take any action the consent order or final order provides for a violation of probation;
   2. (2) Impose additional conditions of probation; or
   3. (3) Impose a sanction or take any other action the Board considers appropriate and may take by law.

Authority: Health Occupations Article, §§2-205, 2-313, and 2-315; State Government Article §10-206; Annotated Code of Maryland

Effective date: December 28, 1987 (14:26 Md. R. 2748)

Regulation .01 amended effective November 27, 2000 (27:23 Md. R. 2149)

Regulation .03 amended effective November 27, 2000 (27:23 Md. R. 2149)

Regulation .04 amended effective November 27, 2000 (27:23 Md. R. 2149)

Regulations .01—.09 repealed and new Regulations .01—.11 adopted effective March 31, 2003 (30:6 Md. R. 421)

Regulation .01 amended effective August 5, 2024 (51:15 Md. R. 708)

Regulation .02B amended effective August 5, 2024 (51:15 Md. R. 708)

Regulation .06A, C, E amended effective August 5, 2024 (51:15 Md. R. 708)

Regulation .08A amended effective August 5, 2024 (51:15 Md. R. 708)