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Statutes Text

Article - Health Occupations


    (a)    Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:

        (1)    Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or any drug without a valid prescription or indication, or provides professional services while under the influence of alcohol or using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article;

        (2)    Has been found to be mentally incompetent by a physician if the mental incompetence impairs the ability of the applicant or licensee to undertake the practice of naturopathic medicine in a manner consistent with the safety of the public;

        (3)    Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state;

        (4)    Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant, the licensee, or another;

        (5)    Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state;

        (6)    Uses false, deceptive, or misleading advertising;

        (7)    Advertises, practices, or attempts to practice under a name other than the applicant’s or licensee’s own name;

        (8)    Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine in violation of this subtitle;

        (9)    Willfully makes or files a false report or record in the practice of naturopathic medicine;

        (10)    Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;

        (11)    Pays or receives any commission, bonus, kickback, or rebate, or engages in any split–fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers;

        (12)    Exercises influence within a patient–doctor relationship for purposes of engaging a patient in sexual activity;

        (13)    Engages in sexual misconduct with a patient;

        (14)    Fails to keep written medical records justifying the course of treatment of a patient;

        (15)    Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established;

        (16)    Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities;

        (17)    Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

        (18)    Breaches patient confidentiality;

        (19)    Is guilty of unprofessional or immoral conduct in the practice of naturopathic medicine;

        (20)    Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine;

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

        (22)    Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes;

        (23)    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;

        (24)    Fails to cooperate with a lawful investigation of the Board;

        (25)    Abandons a patient;

        (26)    Violates any provision of this title or any regulation adopted by the Board; or

        (27)    Fails to complete a criminal history records check under § 14–308.1 of this title.

    (b)    Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title.

    (c)    (1)    On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

        (2)    After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

    (d)    (1)    If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

        (2)    The Board shall pay any fines collected under this section into the General Fund.

    (e)    In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.

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