2013 Maryland Code
HEALTH OCCUPATIONS
§ 19-311 - Denials, reprimands, suspensions, and revocations -- Grounds

§19-311.

Subject to the hearing provisions of § 19-312 of this subtitle, the Board may deny a license to any applicant, fine a licensee, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1) Obtained or attempted to obtain a license for the applicant or licensee or for another through fraud, deceit, or misrepresentation;

(2) Fraudulently or deceptively uses a license;

(3) Is mentally or physically incompetent;

(4) Commits any act of gross negligence, incompetence, or misconduct in the practice of social work;

(5) Knowingly violates any provision of this title;

(6) Engages in a course of conduct that is inconsistent with generally accepted professional standards in the practice of social work;

(7) Violates any provision of this title or regulations governing the practice of social work adopted and published by the Board;

(8) 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;

(9) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of prescribed amounts or without valid medical indication;

(10) Is disciplined by a licensing or disciplinary authority of any state, country, or branch of the armed services, or the Veterans’ Administration for an act that would be grounds for disciplinary action under this section;

(11) Practices social work with an unauthorized person or supervises or aids an unauthorized person in the practice of social work;

(12) Knowingly makes or files a false report or record in the practice of social work;

(13) Knowingly fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file the report;

(14) Submits a false statement to collect a fee;

(15) Knowingly fails to report suspected child abuse in violation of § 5-704 of the Family Law Article;

(16) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services on the basis of race, age, gender, sexual orientation, disability, religion, or ethnic origin or because the individual is HIV positive;

(17) Fails to cooperate with a lawful investigation conducted by the Board;

(18) By threats, force, or improper means, intimidates or influences, or attempts to intimidate or influence, for the purpose of:

(i) Causing any person to withhold or change testimony in hearings or proceedings before the Board or otherwise delegated to the Office of Administrative Hearings; or

(ii) Hindering, preventing, or otherwise delaying a person from making information available to the Board in furtherance of an investigation by the Board;

(19) Knowingly fails to report suspected abuse or neglect of a vulnerable adult in violation of § 3-604 or § 3-605 of the Criminal Law Article;

(20) Fails to comply with the requirements of any order entered by the Board as a result of any disciplinary matter with the Board, including payment of costs as required by § 19-312 of this subtitle; or

(21) Fails to maintain adequate patient records. 

§ 19-311 - 1. Fines

(a) Authorized. -- If after a hearing under § 19-312 of this subtitle the Board finds that there are grounds under § 19-311 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a fine on the licensee in an amount not exceeding $ 5,000:

(1) Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker's license; or

(2) In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker's license.

(b) Regulations. -- The Board shall adopt regulations to set standards for the imposition of fines under this section.

(c) Payment into General Fund. -- The Board shall pay any fine collected under this section into the General Fund.