(a) Each health occupations board shall adopt specific sanctioning guidelines, including:
(1) A range of sanctions that is based on historical data or a normative process for each type of violation; and
(2) A list of mitigating and aggravating circumstances that may be used to decide if a sanction falls within or outside the established range of sanctions.
(b) Sanctioning guidelines adopted under this section shall:
(1) Conform to a general framework or incorporate a common set of elements; and
(2) Be used as a guide for sanctioning licensees and certificate holders in formal and informal proceedings.
(c) (1) To the extent a health occupations board departs from the sanctioning guidelines adopted under this section, the board shall state its reasons.
(2) A departure from the guidelines alone is not grounds for any hearing or appeal of any board action.
Structure Maryland Statutes
Title 1 - Definitions; General Provisions
Subtitle 6 - General Clarification of the Disciplinary Process
Section 1-601 - "Health Occupations Board" Defined
Section 1-602 - Disciplinary Subcommittee
Section 1-605 - Program for a Single Standard of Care Violation
Section 1-606 - Sanctioning Guidelines
Section 1-607 - Posting of Final, Public Order
Section 1-608 - Timeliness of Complaint Resolution
Section 1-609 - Guidelines for Separate Roles of Assistant Attorneys General and Prosecutor