Chapter 08. Disciplinary Sanctions, Monetary Penalties, and Civil Fines
Regulation .01 Scope.LinkCopy Citation
This chapter establishes standards for the imposition of sanctions and monetary penalties for violations of the Maryland Psychologists Act.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the State Board of Examiners of Psychologists.
(2)
“License” means a license issued by the Board to practice psychology.
(3)
“Licensee” means a psychologist who is licensed by the Board to practice psychology.
(4)
“Penalty” means monetary penalty.
(5)
“Registrant” means a psychology associate who is registered by the Board to practice psychology under the supervision of a licensed psychologist.
(6)
“Registration” means a registration issued by the Board to practice psychology under the supervision of a licensed psychologist.
(7)
“Sanction” means a formal disciplinary action against a license such as a reprimand, probation, suspension, or revocation.
Regulation .03 Imposition of a Penalty After a Hearing.LinkCopy Citation
If the Board finds that there are grounds under Health Occupations Article, §18-313, Annotated Code of Maryland, to suspend or revoke a license or registration or to reprimand a licensee or registrant, the Board may impose a penalty as set forth in this chapter:
A.
Instead of suspending the license or registration; or
B.
In addition to suspending or revoking the license or registration.
Regulation .04 Guidelines for Disciplinary Sanctions and Imposition of Penalties.LinkCopy Citation
A.
Subject to the provisions of this chapter, the Board may impose sanctions and penalties for violations of the Maryland Psychologists Act and its regulations according to the guidelines set forth in the following categories:
B.
If a licensee or registrant is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control.
C.
Notwithstanding the guidelines set forth in this regulation, in order to resolve a pending disciplinary action, the Board and licensee or registrant may agree to a surrender of a license or registration or to a consent order with terms, sanction, and penalty agreed to by the Board and the licensee or registrant.
D.
A departure from the guidelines set forth in this regulation alone is not grounds for any hearing or appeal of a Board action.
Regulation .05 Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction.LinkCopy Citation
A.
Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following:
(1)
Mitigating Factors:
(a)
The licensee’s or registrant’s lack of a prior disciplinary record;
(b)
The licensee or registrant self-reported the violation to the Board;
(c)
The licensee’s or registrant’s full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings;
(d)
Implementation of remedial measures to correct or mitigate harm arising from the misconduct;
(e)
Timely good-faith effort to make restitution or to rectify consequences of misconduct;
(f)
Evidence of rehabilitation or rehabilitative potential;
(g)
Absence of premeditation to commit the misconduct;
(h)
Absence of potential harm to public or adverse impact;
(i)
The licensee’s or registrant’s conduct was an isolated incident and not likely to recur; and
(2)
Aggravating Factors:
(a)
The licensee or registrant has a previous criminal or administrative disciplinary history;
(b)
The violation was committed deliberately or with gross negligence or recklessness;
(c)
The violation had the potential for, or caused, serious patient or public harm;
(d)
The violation was part of a pattern of detrimental conduct;
(e)
The licensee or registrant was motivated to perform the violation for financial gain;
(f)
The vulnerability of the patient or patients;
(g)
The licensee or registrant lacked insight into the wrongfulness of the conduct;
(h)
The licensee or registrant committed the violation under the guise of treatment; and
(i)
Previous attempts at rehabilitation of the licensee or registrant were unsuccessful.
B.
The existence of one or more of these factors does not impose on the Board or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in this chapter.
C.
Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors.
Regulation .06 Payment of a Penalty.LinkCopy Citation
A.
A licensee or registrant shall pay to the Board a penalty imposed under this chapter as of the date the Board’s order is issued, unless the Board’s order specifies otherwise.
B.
Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §18-316, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter.
C.
If a licensee or registrant fails to pay, in whole or in part, a penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew a license or registration until the penalty has been paid in full.
D.
In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment.
Regulation .07 Civil Fines.LinkCopy Citation
A.
Practicing on an Expired License or Registration.
(1)
The Board may impose a civil fine against a psychologist or psychology associate who practices psychology on an expired license or registration in the amount of $100 per day of practice past the expiration date of the license or registration.
(2)
The Board may not impose a fine under §A(1) of this regulation against a psychologist or psychology associate for practicing psychology on an expired license or registration if the psychologist’s license or the psychology associate’s registration is reinstated within 30 calendar days of the expiration date of the license or registration and the licensee or registrant complies with COMAR 10.36.02.08B.
B.
Practicing Without a License or Registration.
(1)
The Board may impose a civil fine of no less than $5,000 and no more than $50,000 against an individual who practices psychology without a license or registration.
(2)
Factors determining the amount of the fine shall include, but not be limited to, the following:
(a)
The extent to which the individual derived any financial benefit from the unauthorized practice;
(b)
The willfullness of the unauthorized practice;
(c)
Actual or potential harm caused by the unauthorized practice; and
(d)
The length of time in which the individual engaged in the unauthorized practice.
Chapter annotations
Authority: Health Occupations Article, §§1-606, 18-313, 18-313.1, and 18-404, Annotated Code of Maryland
History: Effective date: October 2, 2000 (27:19 Md. R. 1726
History: Regulations .01 — .06 repealed and new Regulations .01 — .06 adopted effective February 20, 2012 (39:3 Md. R. 259)
History: Regulation .02B amended effective May 25, 2015 (42:10 Md. R. 684)
History: Regulation .03 amended effective May 25, 2015 (42:10 Md. R. 684)
History: Regulation .04 amended effective May 25, 2015 (42:10 Md. R. 684)
History: Regulation .05A amended effective May 25, 2015 (42:10 Md. R. 684)
History: Regulation .06A, C amended effective May 25, 2015 (42:10 Md. R. 684)
History: Regulation .06E repealed effective March 17, 2014 (41:5 Md. R. 347)
History: Regulation .07 adopted effective March 17, 2014 (41:5 Md. R. 347)
History: Regulation .07 amended effective May 25, 2015 (42:10 Md. R. 684)