# COMAR Title 10 — Maryland Department of Health

## Subtitle 57 — Board for the Certification of Residential Child Care Program Professionals

### Chapter 10 — Disciplinary Sanctions and Monetary Penalties

**Authority:** Health Occupations Article, §§1-606, 20-313, and 20-405, Annotated Code of Maryland

**Administrative History:** Effective date: June 11, 2012 (39:11 Md. R. 688)

#### Regulation .01 Scope.

*COMAR 10.57.10.01*

This chapter establishes standards for the imposition of disciplinary sanctions, not exceeding the maximum provided pursuant to Health Occupations Article, §20-405, Annotate Code of Maryland, against any residential child care program administrator or residential child and youth care practitioner in the state if, after a hearing or by consent after the right to a hearing has been waived, the Board finds that there are grounds under Health Occupations Article, §20-313, Annotate Code of Maryland, to deny a certificate to any applicant, reprimand a certificate holder, place a certificate holder on probation, suspend or revoke a certificate, or impose a fine or a term of imprisonment against a certificate holder under Health Occupations Article, §20-405, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 10.57.10.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board” means the State Board for the Certification of Residential Child Care Program Professionals.

  (2) “Certificate” means a certificate issued by the Board to practice as a residential child care program administrator or a residential child and youth care practitioner.

  (3) “Sanction” means a formal disciplinary action reprimanding, restricting, suspending, or revoking a certificate.

#### Regulation .03 Imposition of a Penalty — General.

*COMAR 10.57.10.03*

A. Imposition of a Penalty After a Hearing. If, after a hearing under Health Occupations Article, §20-313, Annotated Code of Maryland, and subject to the guidelines set forth in this subtitle, the Board finds that there are grounds under Health Occupations Article, §20-313, Annotated Code of Maryland, to reprimand or suspend or revoke a certificate, the Board may impose a penalty as set forth in this chapter:

  (1) Instead of, or in addition to, reprimanding the certificate holder; or

  (2) In addition to revoking the certificate.

B. Imposition of a Penalty Without a Hearing. If, after disciplinary procedures have been brought against a certified residential child care program administrator or a certified residential child and youth care practitioner, the certified residential child care program administrator or certified residential child and youth care practitioner waives the right to a hearing required under State Government Article, Title 10, Annotated Code of Maryland, and subject to the guidelines set forth in this subtitle, if the Board finds that there are grounds under Health Occupations Article, §20-313, Annotated Code of Maryland, to reprimand the certified residential child care program administrator or certified residential child and youth care practitioner, place the certificate on probation, or suspend or revoke a certificate, the Board may impose a penalty for each violation in addition to reprimanding, placing the certificate on probation, or suspending or revoking the certificate.

#### Regulation .04 Guidelines for Disciplinary Sanctions or Imposition of a Penalty.

*COMAR 10.57.10.04*

A. Subject to the provisions of this section, the Board may impose the following sanctions and penalties for violations of the Maryland Certification of Residential Child Care Program Professionals Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

  (1) Fraudulently or Deceptively Obtains, Attempts to Obtain a Certificate.

  (2) Fraudulently or Deceptively Uses a Certificate.

  (3) Criminal Convictions or Nolo Contendere.(whether or not any appeal or other proceeding is pending to have the conviction set aside).

  (4) Impairment (mentally, physically, or through the use of drugs or alcohol).

  (5) Reciprocal Discipline.

  (6) Unauthorized Practice.

  (7) Willfully Makes or Files a False Report, Willfully Fails, Obstructs the Filing, or Induces Another to Fail to File or Record a Report as Required by Law.

  (8) Unprofessional Conduct in Performing Duties.

  (9) Discrimination.

  (10) Sexual Misconduct.

  (11) Continuing Education Violations.

  (12) Failure to Cooperate.

  (13) Unauthorized Practice.

  (14) Noncompliance with Board Orders.

  (15) Other Violations.

B. If a certified residential child care program administrator or residential child and youth care practitioner is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction shall control.

#### Regulation .05 Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction.

*COMAR 10.57.10.05*

Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating 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:

A. Mitigating Factors:

  (1) The certified residential child care program administrator or residential child and youth care practitioner’s lack of a prior disciplinary record;

  (2) The certified residential child care program administrator or residential child and youth care practitioner’s self-report violation to the Board;

  (3) The certified residential child care program administrator or residential child and youth care practitioner’s full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings;

  (4) Implementation of remedial measures to correct or mitigate harm arising from misconduct;

  (5) Timely good-faith effort to make restitution or to rectify consequences of misconduct;

  (6) Evidence of rehabilitation or rehabilitative potential;

  (7) Absence of premeditation to commit the misconduct;

  (8) Absence of potential harm to public or adverse impact; and,

  (9) The certified residential child care program administrator or residential child and youth care practitioner’s conduct was an isolated incident and not likely to recur.

B. Aggravating Factors:

  (1) The certified residential child care program administrator or residential child and youth care practitioner’s has a previous criminal or administrative disciplinary history;

  (2) The violation was committed deliberately or with gross negligence or recklessness;

  (3) The violation has the potential for, or caused, serious client harm;

  (4) The violation was part of a pattern of detrimental conduct;

  (5) The certified residential child care program administrator or residential child and youth care practitioner was motivated to perform the violation by his or her financial gain;

  (6) The vulnerability of the client or clients;

  (7) The certified residential child care program administrator or residential child and youth care practitioner attempted to hide error or misconduct from clients or others;

  (8) The certified residential child care program administrator or residential child and youth care practitioner concealed, falsified, or destroyed evidence or presented false testimony or evidence;

  (9) The certified residential child care program administrator or residential child and youth care practitioner failed to cooperate with the investigation;

  (10) Previous attempts at rehabilitation of the certified residential child care program administrator or residential child and youth care practitioner were unsuccessful; and

  (11) The certified residential child care program administrator or residential child and youth care practitioner committed the violation under the guise of treatment.

C. 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.

D. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors.