ROBERT L. EHRLICH, JR., Governor                             Ch. 439

(3)     Violates any provision of this title or any regulations adopted under
this title;

(4)     Refuses, withholds from, denies, or discriminates against an
individual with regard to the provision of professional service for which the licensee is
licensed and qualified to render because the individual is HIV positive;

(5)     Commits fraud or deceit in the practice of dietetics;

(6)     Is convicted of or pleads 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;

(7)     Obtains or attempts to obtain a fee through fraud or
misrepresentation;

(8)     Employs any person to practice dietetics whose license or certificate
to practice a health occupation under this article has been suspended;

(9)     Intentionally 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 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.

5-312.

(a) Except as otherwise provided in § 10-226 of the State Government Article,

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