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ROBERT L. EHRLICH, JR., Governor
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Ch. 382
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(9) [Intentionally uses] USES or promotes or causes the use of any
misleading, deceiving, or untruthful advertising matter, or promotional literature,
testimonial, guarantee, warranty, label, brand, insignia, or other representation;
(10) Commits any act of unprofessional conduct, as defined by the rules
and regulations of the Board, or violates the code of ethics adopted by the Board;
(11) Provides professional services 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;
(12) Is disciplined by a licensing or disciplinary authority of any other
state or country or convicted or disciplined by a court of any other state or country for
an act that would be grounds for disciplinary action under this section;
(13) Practices dietetics with an unauthorized person or supervises or aids
an unauthorized person in the practice of dietetics;
(14) [Willfully fails] FAILS to file or record any report or record as
required by law in the practice of dietetics, [willfully] impedes or obstructs the filing
or recording of the report or record, or induces another to fail to file or record the
report or record;
(15) Submits a false statement to collect a fee;
(16) Is professionally, physically, or mentally incompetent; [or]
(17) Promotes the sale of devices, appliances, or goods to a patient so as to
exploit the patient for financial gain; OR
(18) FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION CONDUCTED
BY THE BOARD.
5-311.1.
(A) IF AFTER A HEARING UNDER § 5-312 OF THIS SUBTITLE THE BOARD FINDS
THAT THERE ARE GROUNDS UNDER § 5-311 OF THIS SUBTITLE TO SUSPEND OR
REVOKE A LICENSE, THE BOARD MAY IMPOSE A PENALTY NOT EXCEEDING $5,000:
(1) INSTEAD OF SUSPENDING THE LICENSE; OR
(2) IN ADDITION TO SUSPENDING OR REVOKING THE LICENSE OR
REPRIMANDING THE LICENSEE.
(B) THE BOARD SHALL ADOPT REGULATIONS TO SET STANDARDS FOR THE
IMPOSITION OF PENALTIES UNDER THIS SECTION.
(C) THE BOARD SHALL PAY ANY PENALTY COLLECTED UNDER THIS SECTION
INTO THE GENERAL FUND OF THE STATE.
- 2085 -
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