(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.
Reprimands, suspensions, and revocations
(b) Subject to the hearing provisions of § 9-3A-14 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, suspend or revoke a license, or impose a civil fine if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, the licensee, or for another individual;
(2) Fraudulently or deceptively uses a license;
(3) Fails to meet the standards of practice for assisted living 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 assisted living management with an unauthorized individual or supervises or aids an unauthorized individual in the practice of assisted living management;
(8) Willfully makes or files a false report or record in the practice of assisted living management;
(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 an assisted living manager;
(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;
(13) Fails to cooperate with a lawful investigation conducted by the Board;
(14) Fails to oversee, manage, or administer an assisted living program to the extent that the safety, health, or life of any resident has been endangered;
(15) Endangers or sanctions the endangerment of the safety, health, or life of any resident;
(16) Violates any of the provisions of law or regulations governing assisted living programs in the State; or
(17) Fails to submit to a criminal history records check in accordance with § 9-302.1 of this title.
Credits
Added by Acts 2022, c. 689, § 2, eff. Oct. 1, 2022; Acts 2022, c. 690, § 2, eff. Oct. 1, 2022. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Health Occupations, § 9-3A-12, MD HEALTH OCCUP § 9-3A-12
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
