Section 20-313 - Investigations; complaints; sanctions; prohibited acts. - Maryland Statutes

§ 20-313. Investigations; complaints; sanctions; prohibited acts.
 

(a)  Action on complaints.- The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a certified program administrator or certified residential child and youth care practitioner has failed to meet any standard of the Board. 

(b)  Complaints; sanctions; prohibited acts.- Subject to the hearing provisions of § 20-314 of this subtitle, the Board may deny a certificate to any applicant, reprimand any certified program administrator or certified residential child and youth care practitioner, place any certified program administrator or certified residential child and youth care practitioner on probation, or suspend or revoke a certificate if the applicant, certified program administrator, or certified residential child and youth care practitioner: 

(1) Fraudulently or deceptively obtains or attempts to obtain a certificate for a program administrator or residential child and youth care practitioner, or for another; 

(2) Fraudulently or deceptively uses a certificate; 

(3) Otherwise fails to meet substantially the standards for certification adopted by the Board under § 20-205 of this title; 

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; 

(5) Performs the duties of a program administrator or residential child and youth care practitioner while: 

(i) Under the influence of alcohol; or 

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; 

(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes; 

(7) Performs the duties of a program administrator or residential child and youth care practitioner with an unauthorized person or supervises or aids an unauthorized person in performing the duties of a program administrator or residential child and youth care practitioner; 

(8) Willfully makes or files a false report or record while performing the duties of a program administrator or residential child and youth care practitioner; 

(9) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; 

(10) Commits an act of unprofessional conduct in performing the duties of a program administrator or residential child and youth care practitioner; or 

(11) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the individual is certified and qualified to render because the individual is HIV positive. 
 

[2004, ch. 438, § 2; 2008, ch. 218.]