Ch. 438

2004 LAWS OF MARYLAND

ADMINISTRATOR ON PROBATION, OR SUSPEND OR REVOKE A CERTIFICATE IF THE
APPLICANT OR CERTIFIED PROGRAM ADMINISTRATOR:

(1)      FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS TO
OBTAIN A CERTIFICATE FOR A PROGRAM ADMINISTRATOR 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 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 WITH AN
UNAUTHORIZED PERSON OR SUPERVISES OR AIDS AN UNAUTHORIZED PERSON IN
PERFORMING THE DUTIES OF A PROGRAM ADMINISTRATOR;

(8)      WILLFULLY MAKES OR FILES A FALSE REPORT OR RECORD WHILE
PERFORMING THE DUTIES OF A PROGRAM ADMINISTRATOR;

(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) SUBMITS A FALSE STATEMENT TO COLLECT A FEE;

(11) (10) COMMITS AN ACT OF UNPROFESSIONAL CONDUCT IN
PERFORMING THE DUTIES OF A PROGRAM ADMINISTRATOR; OR

(12) (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.

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