Grounds for Discipline, Sanctions, and Hearing Rights
Grounds for discipline
Maryland law lists grounds that include fraud or deceit in obtaining a license, unprofessional conduct, incompetence, gross negligence, practicing beyond scope, practicing while impaired, conviction of a crime involving moral turpitude or bearing on fitness, discipline by another state, failure to meet continuing education, and violating the Practice Act or Board regulations. Sexual misconduct, client abuse, false advertising, and aiding unlicensed practice are also commonly charged.
Sanctions
The Board may reprimand, place a license on probation with conditions, suspend, revoke, impose a civil penalty, require additional education or counseling, require monitoring, or order restitution where authorized. Sanctions can be stayed in whole or part, with terms. The Board may also issue a cease-and-desist order against unlicensed practice.
Hearing rights
A licensee is entitled to notice of the charges, a fair hearing, counsel, the right to present evidence and cross-examine, and a written decision. The case is a contested case under Maryland administrative procedure. Judicial review is usually to the circuit court, not a new jury trial. A consent order waives the hearing but still binds the licensee.
Worked example
A therapist is convicted of insurance fraud unrelated to massage. The Board may discipline if the crime bears on honesty and fitness to practice. The therapist should not assume the conviction is irrelevant because it did not occur at work. At hearing, evidence of rehabilitation, compliance, and insight can mitigate, but the Board can still impose probation or suspension.
Traps that cost marks
- Treating 'unprofessional conduct' as limited to sexual acts; it is broad.
- Assuming a criminal acquittal ends the Board case; the standards and evidence differ.
- Believing a consent order is confidential.
- Continuing to practice after a suspension; that becomes unlicensed practice and a new violation.