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<regulation prefix="Regulation" num=".12" citation="COMAR 10.32.21.12" title_num="10" subtitle_num="32" chapter_num="21" heading="Grounds for Discipline.">
  <text>Subject to the hearing provisions Health Occupations Article, §14-405, Annotated Code of Maryland, the Board, on the affirmative vote of a majority of its members then serving as a quorum of the Board, may deny a license to any applicant, or a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:</text>
  <paragraph num="A.">
    <text>Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance, as defined in Criminal Law Article, §5-101, Annotated Code of Maryland, 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 Criminal Law Article, §5-101, Annotated Code of Maryland;</text>
  </paragraph>
  <paragraph num="B.">
    <text>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;</text>
  </paragraph>
  <paragraph num="C.">
    <text>Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state;</text>
  </paragraph>
  <paragraph num="D.">
    <text>Fraudulently or deceptively obtains, or attempts to obtain, or uses a license for the applicant, the licensee, or another;</text>
  </paragraph>
  <paragraph num="E.">
    <text>Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state;</text>
  </paragraph>
  <paragraph num="F.">
    <text>Uses false, deceptive, or misleading advertising;</text>
  </paragraph>
  <paragraph num="G.">
    <text>Advertises, practices, or attempts to practice under a name other than the applicant’s or licensee’s own name;</text>
  </paragraph>
  <paragraph num="H.">
    <text>Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine;</text>
  </paragraph>
  <paragraph num="I.">
    <text>Willfully makes or files a false report or record in the practice of naturopathic medicine;</text>
  </paragraph>
  <paragraph num="J.">
    <text>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;</text>
  </paragraph>
  <paragraph num="K.">
    <text>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;</text>
  </paragraph>
  <paragraph num="L.">
    <text>Exercises influence within a patient-doctor relationship for purposes of engaging a patient in sexual activity;</text>
  </paragraph>
  <paragraph num="M.">
    <text>Engages in sexual misconduct with a patient;</text>
  </paragraph>
  <paragraph num="N.">
    <text>Fails to keep written medical records justifying the course of treatment of a patient;</text>
  </paragraph>
  <paragraph num="O.">
    <text>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;</text>
  </paragraph>
  <paragraph num="P.">
    <text>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;</text>
  </paragraph>
  <paragraph num="Q.">
    <text>Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;</text>
  </paragraph>
  <paragraph num="R.">
    <text>Breaches patient confidentiality;</text>
  </paragraph>
  <paragraph num="S.">
    <text>Is guilty of unprofessional or immoral conduct in the practice of naturopathic medicine;</text>
  </paragraph>
  <paragraph num="T.">
    <text>Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine;</text>
  </paragraph>
  <paragraph num="U.">
    <text>Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;</text>
  </paragraph>
  <paragraph num="V.">
    <text>Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes;</text>
  </paragraph>
  <paragraph num="W.">
    <text>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;</text>
  </paragraph>
  <paragraph num="X.">
    <text>Fails to cooperate with a lawful investigation of the Board;</text>
  </paragraph>
  <paragraph num="Y.">
    <text>Abandons a patient; or</text>
  </paragraph>
  <paragraph num="Z.">
    <text>Violates any provision of this title or this chapter.</text>
  </paragraph>
</regulation>