Title 1. Definitions; General Provisions — Subtitle 6. General Clarification of the Disciplinary Process

Be responsible for the investigation of complaints;

Determine whether the health occupations board should bring charges against a licensee or certificate holder; and

Participate in preadjudication case resolution conferences resulting from the charges.

The day the complainant actually discovered the facts that form the basis of the complaint; or

The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint.

Criminal convictions or sexual misconduct or other similar boundary violations;

Reciprocal discipline matters;

Ongoing substance abuse;

Fraudulent concealment of material information; or

Acts that occur while a patient is a minor.

An opportunity to review the final peer review report; and

At least 10 business days after the report was sent to the licensee or certificate holder to provide the board with a written response.

Except as provided in paragraph (2) of this subsection, health occupations boards and disciplinary panels may not reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke the license of a licensee or the certificate of a certificate holder solely on the basis of the licensee’s or certificate holder’s use of a diagnostic evaluation or treatment of a patient that is integrative, complementary, alternative, or nonconventional, including in the treatment of Lyme disease or tick–borne illnesses.

This subsection may not be construed to release a licensee or certificate holder from the duty to exercise a professional standard of care when evaluating and treating a patient’s medical condition.

A range of sanctions that is based on historical data or a normative process for each type of violation; and

A list of mitigating and aggravating circumstances that may be used to decide if a sanction falls within or outside the established range of sanctions.

Conform to a general framework or incorporate a common set of elements; and

Be used as a guide for sanctioning licensees and certificate holders in formal and informal proceedings.

To the extent a health occupations board departs from the sanctioning guidelines adopted under this section, the board shall state its reasons.

A departure from the guidelines alone is not grounds for any hearing or appeal of any board action.