2013 Maryland Code
HEALTH OCCUPATIONS
§ 9-314 - Investigations; grounds for reprimands, suspensions, revocations, and fines

§9-314.

(a) The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a licensee has failed to meet any standard of the Board.

(b) Subject to the hearing provisions of § 9-315 of this subtitle, the Board may deny a license or limited license to any applicant, reprimand any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, suspend or revoke a license or limited license, or impose a civil fine if the applicant, holder, or licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Otherwise fails to meet substantially the standards of practice adopted by the Board under § 9-205 of this title;

(4) 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;

(5) 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 therapeutic amounts or without valid medical indication;

(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(7) Practices nursing home administration with an unauthorized person or supervises or aids an unauthorized person in the practice of nursing home administration;

(8) Willfully makes or files a false report or record in the practice of nursing home administration;

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

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

(11) Commits an act of unprofessional conduct in the licensee’s practice as a nursing home administrator; or

(12) 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.

§ 9-314 - 1. Civil fines

(a) Fines following hearings. --

(1) If, after a hearing under § 9-315 of this subtitle, the Board finds that there are grounds under § 9-314 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a civil fine:

(i) Instead of suspending or revoking the license; or

(ii) In addition to placing the licensee on probation or suspending or revoking the license.

(2) A civil fine imposed under this subsection may not exceed:

(i) $ 1,000 for a first violation; and

(ii) $ 5,000 for any subsequent violation of the same provision.

(b) Fines on waiver of hearing. -- If, after disciplinary procedures have been brought against a licensee, the licensee waives the right to a hearing required under this subtitle and if the Board finds that there are grounds under § 9-314 of this subtitle to reprimand the licensee, place the licensee on probation, or suspend or revoke a license, the Board, in addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license, may impose:

(1) A civil fine not exceeding $ 1,000 for a first violation; and

(2) A civil fine not exceeding $ 5,000 for any subsequent violation of the same provision.

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

§ 9-314 - 2. Employing or retaining unlicensed consultants prohibited

(a) "Nursing home management firm" defined. -- In this section, "nursing home management firm" means an organization that:

(1) Is intended to have or has full responsibility and control for the day-to-day operations of a nursing home; and

(2) Is under contract with:

(i) An applicant for a license from the Secretary to establish, operate, or continue the operation of an existing nursing facility; or

(ii) A holder of a license from the Secretary to operate a nursing facility.

(b) In general. --

(1) Except as provided in paragraph (2) of this subsection, a nursing home or a nursing home management firm may not knowingly employ or retain as a consultant an individual who, for an activity described in § 9-314(b)(8), (9), or (10) of this subtitle, has surrendered a license under § 9-313 of this subtitle or has had a license revoked under § 9-314 of this subtitle.

(2) A nursing home or nursing home management firm may hire or retain as a consultant an individual who surrendered a license or had a license revoked under this subtitle, but had the license restored by the Board, and who is now a licensee in good standing under the provisions of this title.