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<regulation prefix="Regulation" num=".14" citation="COMAR 10.32.10.14" title_num="10" subtitle_num="32" chapter_num="10" heading="Prohibited Conduct.">
  <paragraph num="A.">
    <text>Subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, the Board may deny an application, may reprimand any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, licensed radiologist assistant, place any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, licensed radiologist assistant, on probation, or suspend or revoke the license of any licensed radiation therapist, licensed radiographer, licensed nuclear medicine technologist, or licensed radiologist assistant for the commission of a prohibited act.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The following are prohibited acts:</text>
    <paragraph num="(1)">
      <text>Fraudulently or deceptively obtaining or attempting to obtain a license for the applicant or licensed individual or for another;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Fraudulently or deceptively using a license;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Being guilty of unprofessional or immoral conduct in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Being professionally, physically, or mentally incompetent;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Abandoning a patient;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Habitually being intoxicated;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Being addicted to or abusing any narcotic or controlled dangerous substance as defined in Criminal Law Article, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Providing professional services while:</text>
      <paragraph num="(a)">
        <text>Under the influence of alcohol;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Using any narcotic or controlled dangerous substance, as defined in Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Promoting the sale of services, drugs, devices, appliances, or goods to a patient to exploit the patient for financial gain;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Willfully making or filing a false report or record in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Willfully failing to file or record any report as required under law, willfully impeding or obstructing the filing or recording of the report, or inducing another to fail to file or record the report;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Paying or agreeing to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepting or agreeing to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Knowingly making a misrepresentation while practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Knowingly practicing radiation therapy, radiography, nuclear medicine technology, or radiology assistance with an unauthorized person or aiding an unauthorized person in the practice of radiation therapy, radiography, nuclear medicine technology, or radiology assistance;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>Offering, undertaking, or agreeing to cure or treat disease by a secret method, treatment, or medicine;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>Being disciplined by a licensing or disciplinary authority, being convicted or disciplined by a court of any state or country or disciplined by any branch of the United States uniformed services or the Veterans' Administration for an act that would be grounds for disciplinary action under the Board's disciplinary statutes or this regulation;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Failing to meet appropriate standards as determined by appropriate peer review for the delivery of quality radiation therapy care, radiography care, nuclear medicine technology care, or radiology assistance care performed in an outpatient surgical facility, office, hospital, or any other location in this State;</text>
    </paragraph>
    <paragraph num="(18)">
      <text>Knowingly submitting false statements to collect fees for which services are not provided;</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Having been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under this regulation and the licensed individual:</text>
      <paragraph num="(a)">
        <text>Surrendered the license issued by the state or country, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Allowed the license issued by the state or country to expire or lapse;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>Knowingly failing to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(21)">
      <text>Selling, prescribing, giving away, or administering drugs for illegal or illegitimate purposes;</text>
    </paragraph>
    <paragraph num="(22)">
      <text>Breaching patient confidentiality;</text>
    </paragraph>
    <paragraph num="(23)">
      <text>Practicing beyond the authorized scope of practice;</text>
    </paragraph>
    <paragraph num="(24)">
      <text>Practicing or attempting to practice any radiation therapy, radiography, nuclear medicine technology, or radiology assistance procedure, or using radiation therapy, radiography, nuclear medicine technology, or radiology assistance equipment, if the applicant or licensed individual has not received education, training, or experience in the use of that procedure or the use of the equipment;</text>
    </paragraph>
    <paragraph num="(25)">
      <text>Refusing, withholding from, denying, or discriminating against an individual with regard to the provision of professional services for which the license holder is licensed and qualified to render because the individual is HIV positive;</text>
    </paragraph>
    <paragraph num="(26)">
      <text>Failing to cooperate with a lawful investigation of the Board;</text>
    </paragraph>
    <paragraph num="(27)">
      <text>Failing to practice under the supervision of a physician or violating a supervisory order of a supervising physician; or</text>
    </paragraph>
    <paragraph num="(28)">
      <text>Failing to comply with these regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Unprofessional conduct in the practice of medicine, under Health Occupations Article, §14-404(a)(3), Annotated Code of Maryland, includes the failure of a physician to comply with the statute and regulations governing the physician's duty to supervise a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Crimes of Moral Turpitude.</text>
    <paragraph num="(1)">
      <text>On the filing of certified docket entries with the Board by the Attorney General, the Board shall order the suspension of a license if the licensee has been convicted of, or pled guilty or nolo contendere with respect to, a crime involving moral turpitude, regardless of whether any appeal or other proceeding is pending to have the conviction or plea set aside.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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 of moral turpitude, the Board shall order the revocation of the license.</text>
    </paragraph>
  </paragraph>
</regulation>