ROBERT L. EHRLICH, JR., Governor                             Ch. 511

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

(12)    COMMITS AN ACT OF IMMORAL OR UNPROFESSIONAL CONDUCT IN
THE PRACTICE OF PROFESSIONAL COUNSELING, ALCOHOL AND DRUG COUNSELING,
OR MARRIAGE AND FAMILY THERAPY; OR

(13)    FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION CONDUCTED
BY THE BOARD.

17-313.1.

(A)     IF AFTER A HEARING UNDER § 17-314 OF THIS SUBTITLE THE BOARD
FINDS THAT THERE ARE GROUNDS UNDER § 17-313 OF THIS SUBTITLE TO PLACE ANY
CERTIFICATE HOLDER ON PROBATION, REPRIMAND ANY CERTIFICATE HOLDER, OR
SUSPEND OR REVOKE A LICENSE OR CERTIFICATE, THE BOARD MAY IMPOSE A
PENALTY NOT EXCEEDING $ 5,000:

(1)      INSTEAD OF PLACING THE LICENSEE OR CERTIFICATE HOLDER ON
PROBATION, REPRIMANDING THE LICENSEE OR CERTIFICATE HOLDER, OR
SUSPENDING OR REVOKING THE LICENSE OR CERTIFICATE; OR

(2)      IN ADDITION TO PLACING THE LICENSEE OR CERTIFICATE HOLDER
ON PROBATION, REPRIMANDING THE LICENSEE OR CERTIFICATE HOLDER, OR
SUSPENDING OR REVOKING THE LICENSE OR CERTIFICATE.

(B)     THE BOARD SHALL ADOPT REGULATIONS TO SET STANDARDS FOR THE
IMPOSITION OF PENALTIES UNDER THIS SECTION.

(C)     THE BOARD SHALL PAY ANY MONEY COLLECTED UNDER THIS SECTION
INTO THE GENERAL FUND OF THE STATE.

17-314.

(a)     Except as otherwise provided in Title 10, Subtitle 2 of the State
Government Article, before the Board takes any action under § 17-313 of this subtitle,
it shall give the individual against whom the action is contemplated an opportunity
for a hearing before the Board.

(b)     The Board shall give notice and hold the hearing in accordance with Title
10, Subtitle 2 of the State Government Article.

(c)      The hearing notice to be given to the individual shall be served personally
or by registered mail to the last known address of the individual at least 30 days
before the hearing.

(d)     The individual may be represented at the hearing by counsel.

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