# COMAR Title 10 — Maryland Department of Health ## Subtitle 40 — Board of Podiatric Medical Examiners ### Chapter 11 — Sanctioning Guidelines #### Regulation .04 Range of Sanctions. *COMAR 10.40.11.04* Tier Conduct Sanction Range Minimum Maximum A. Sexual misconduct (1) Sexual misconduct with a patient Suspension with conditions Revocation (2) Lewd and immoral conduct within practice Suspension with conditions Revocation B. Minimal standards of care (1) Departure from or failure to conform to appropriate standards of care Reprimand with conditions, subsequent probation as appropriate Revocation (2) Failure to keep adequate medical records Reprimand with conditions, subsequent probation as appropriate Revocation (3) Failure to educate a patient about appropriate alternative methods of treatment in violation of law or the standard of care. Reprimand with conditions, subsequent probation as appropriate Revocation (4) Failure to obtain informed consent Reprimand with conditions, subsequent probation as appropriate Revocation (5) Incompetence Reprimand with conditions Revocation C. Knowingly submitting to a third party any claim form, bill, or statement which contains any misleading, deceptive, false, incomplete, or fraudulent representation asserting a fee which is greater than the fee usually accepted as payment in full for any given procedure or service (1) Overutilization of billing and/or false claims reporting Reprimand with conditions, subsequent probation as appropriate Revocation (2) Billing fraudulently Reprimand with conditions, subsequent probation as appropriate Revocation (3) Health care fraud Reprimand with conditions, subsequent probation as appropriate Revocation D. DEA or controlled dangerous substance violation, or improper prescribing, dispensing or administering of drugs (1) Prescribing, dispensing, or administering of controlled substances for excessive periods of time and/or excessive amounts Probation 6 months with conditions Revocation (2) Improper prescribing, dispensing, or administering of any drug Reprimand with conditions Revocation (3) Prescribing, dispensing, or administering of controlled substances without appropriate examination Reprimand with conditions, subsequent probation as appropriate Revocation (4) Failure to keep adequate patient records of substances prescribed, dispensed, or administered Reprimand with conditions, subsequent probation as appropriate Revocation (5) Failure to use acceptable methods in selection of drugs or other modalities Reprimand with conditions, subsequent probation as appropriate Revocation (6) Selling, prescribing, giving away, or administering of any drugs for illegal or illegitimate medical purposes Suspension 6 months with conditions, subsequent probation as appropriate Revocation (7) Prescribing, dispensing, or administering of any drugs without medical indication to detriment of the patient Reprimand with conditions, subsequent probation as appropriate Revocation (8) Prescribing, dispensing, or administering of drugs for sexual favors Suspension 1 year with conditions, subsequent probation as appropriate Revocation (9) Taking back any drug from a patient that was prescribed Reprimand with conditions, subsequent probation as appropriate Revocation E. Unprofessional or unethical conduct (1) Willfully betraying a professional confidence Reprimand with conditions, subsequent probation as appropriate Revocation (2) Abandoning a patient Reprimand with conditions, subsequent probation as appropriate Revocation (3) Failure to provide a patient’s medical record as required by law Reprimand with conditions, subsequent probation as appropriate Revocation (4) Failure to cooperate with a Board investigation Reprimand with conditions, subsequent probation as appropriate Revocation (5) By corrupt means, threats, or force, intimidating, influencing, or attempting to influence a person to change or withhold testimony in hearings or before the Board or the Office of Administrative Hearings Suspension with conditions, subsequent probation as appropriate Revocation (6) By corrupt means, threats, or force, hindering, preventing, or otherwise delaying a person from making information available to the Board in the furtherance of a Board investigation. Suspension with conditions, subsequent probation as appropriate Revocation F. Substance abuse (using any narcotic or controlled dangerous substance or other drug that is in excess of therapeutic amounts or without valid medical indication) (1) Self-referral Reprimand with conditions Revocation (2) Complaint initiated Reprimand with conditions, subsequent probation as appropriate Revocation (3) Impaired ability to practice by reason of substance abuse Reprimand with conditions Revocation G. Other Acts (1) Practicing outside scope Reprimand with conditions, subsequent probation as appropriate Revocation (2) Practicing while Maryland podiatry license is suspended or revoked Suspension Revocation (3) Committing or having committed a felony Suspension with conditions Revocation (4) Willfully making a false report or record in the practice of podiatry Reprimand with conditions Revocation (5) Knowingly filing a falsified license renewal or falsifying a license renewal Reprimand with conditions Revocation (6) Practicing with a condition, illness, or disease that may impair the ability of the individual to perform podiatric services Reprimand with conditions Revocation (7) Credentialing fraud Probation with conditions Revocation (8) Other violations of the Act Reprimand Revocation