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§ 16-311. Denial, suspension, or revocation of license

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2018

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 16. Podiatrists (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: October 1, 2018
MD Code, Health Occupations, § 16-311
§ 16-311. Denial, suspension, or revocation of license
Currentness
In general
(a) Subject to the hearing provisions of § 16-313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or a limited license to any applicant, reprimand any licensee or holder of a limited license, impose an administrative monetary penalty not exceeding $50,000 on any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or a limited license if the applicant, licensee, or holder:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) Fraudulently or deceptively uses a license;
(3) 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;
(4) Abandons a patient;
(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) Has a condition, illness, or disease that may impair the ability of the individual to perform podiatric services;
(7) Personally uses a controlled dangerous substance in violation of the law;
(8) Prescribes or distributes a controlled dangerous substance to any other person in violation of the law, including in violation of § 1-223 of this article;
(9) Promotes the sale to a patient of drugs, devices, appliances, or goods in a manner that exploits the patient for financial gain;
(10) Willfully makes or files a false report or record of podiatric services rendered;
(11) Willfully 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 or record the report;
(12) Submits a false statement to collect a fee;
(13) Fails to provide the details of the medical records of a patient to a licensed health care practitioner or institution or an authorized insurance carrier on proper request;
(14) Pays or agrees to pay any sum to any person for bringing or referring a patient;
(15) Practices podiatry with an unauthorized person or aids an unauthorized person in the practice of podiatry;
(16) Grossly overutilizes health care services;
(17) Behaves fraudulently, immorally, or unprofessionally in the practice of podiatry;
(18) Is professionally or mentally incompetent;
(19) Violates any provision of this title;
(20) Advertises in a false or misleading manner;
(21) Has been disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country or disciplined by any branch of the United States uniformed services or the United States Veterans Administration for an act that would be grounds for disciplinary action under this section;
(22) Violates any rules or regulations adopted by the Board;
(23) Fails to comply with the provisions of § 12-102 of this article;
(24) 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;
(25) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention's guidelines on universal precautions;
(26) Fails to display the notice required under § 16-404 of this title;
(27) Fails to cooperate with a lawful investigation conducted by the Board; or
(28) Fails to submit to a criminal history records check in accordance with § 16-302.1 of this subtitle.
Revocation while license suspended
(b) Subject to the hearing provisions of § 16-313 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may revoke the license of a podiatrist who practices podiatry while the podiatrist's license is suspended.
Advisory opinions
(c) On an affirmative vote of the majority of its members then serving, the Board may issue advisory opinions when:
(1) The Board determines that the licensee should modify or eliminate certain practices and that continuation of the practices may result in an action against the licensee's license; or
(2) The Board determines that there is not sufficient evidence to reprimand the licensee, place the licensee on probation, or suspend or revoke the license of the licensee.
Fines in addition to discipline
(d) The Board may impose a monetary penalty under this section alone or in addition to a reprimand, probation, suspension, or revocation.
Standards
(e) By regulation, the Board shall establish standards for the imposition of penalties under this section.

Credits

Added as Health Occupations § 15-311 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1981, c. 189, § 1, eff. July 1, 1981; Acts 1981, c. 377, § 1, eff. July 1, 1981; Acts 1982, c. 158, § 1, eff. July 1, 1982; Acts 1983, c. 390, § 1, eff. July 1, 1983; Acts 1984, c. 772, § 1, eff. July 1, 1984; Acts 1986, c. 244, § 1, eff. July 1, 1986; Acts 1989, c. 608, § 1, eff. July 1, 1989; Acts 1989, c. 789, § 2, eff. July 1, 1989. Renumbered as Health Occupations § 16-312 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 154, § 1; Acts 1993, c. 88, § 1, eff. Oct. 1, 1993; Acts 1999, c. 114, § 1, eff. Oct. 1, 1999; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002. Renumbered as Health Occupations § 16-311 by Acts 2003, c. 134, § 1, eff. Oct. 1, 2003. Amended by Acts 2003, c. 134, § 1, eff. Oct. 1, 2003; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2016, c. 48, § 1, eff. Oct. 1, 2016; Acts 2017, c. 570, § 1, eff. May 25, 2017; Acts 2018, c. 215, § 1, eff. Oct. 1 2018; Acts 2018, c. 216, § 1, eff. Oct. 1, 2018.
Formerly Art. 43, §§ 488, 490.
MD Code, Health Occupations, § 16-311, MD HEALTH OCCUP § 16-311
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document