Md. Code Regs. 10.43.09.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.43.09.04 - Imposition of a Penalty on a Chiropractor

A. The Board may impose a penalty of not less than $100 or more than $2,000 on a chiropractor found guilty of any of the following, if the chiropractor:

(1) Willfully fails to file or record a report as required by law; or

(2) 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.

B. The Board may impose a penalty of not less than $300 or more than $3,500 on a chiropractor found guilty of any of the following, if the chiropractor:

(1) Practices chiropractic under a false name or trade name;

(2) Provides professional services while:

(a) Under the influence of alcohol; or

(b) Using any narcotic or controlled dangerous substance as defined in Criminal Law Article, Title 5, Subtitle 4, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts, or without valid medical indication;

(3) Solicits or advertises in a false or misleading manner, or in any other manner not approved by the Board;

(4) Abandons a patient;

(5) Misrepresents the effectiveness of any treatment, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(6) Willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record the report;

(7) Pays or agrees to pay a sum to an individual for bringing or referring a patient; or

(8) Violates any rule or regulation adopted by the Board.

C. The Board may impose a penalty of not less than $500 or more than $5,000 on a chiropractor found guilty of any of the following:

(1) Fraudulently or deceptively obtaining or attempting to obtain a license for the applicant or licensee, or for another;

(2) Fraudulently or deceptively using a license;

(3) Impersonating another practitioner;

(4) Having been convicted of or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Unethically conducting the practice of chiropractic;

(6) Being professionally, physically, or mentally incompetent;

(7) Grossly and willfully:

(a) Overcharging for professional services; or

(b) Submitting false statements to collect fees for which services are not provided;

(8) Having been disciplined by a licensing or disciplinary authority of any other state or country or convicted by a court of any state or country for an act that would be grounds for disciplinary action under Health Occupations Article, §3-313, Annotated Code of Maryland;

(9) Practicing chiropractic with an unauthorized individual or supervising or aiding an unauthorized individual in the practice of chiropractic;

(10) Behaving immorally in the practice of chiropractic; or

(11) Committing an act of unprofessional conduct in the practice of chiropractic.

Md. Code Regs. 10.43.09.04

Regulation .04 recodified from .04 effective 43:25 Md. R. 1443, eff. 1/2/2017