The Maryland Board of Professional Licenses oversees the licensing and regulation of various professions in the state. You can find more information on their website.
In Maryland, licensed professionals are held to high standards of conduct and competence. Maintaining these standards is crucial not only for the integrity of the profession but also for the safety and well-being of the public.
When a licensed professional violates these standards, their license may be suspended or revoked. This blog post will provide an overview of the process for professional license suspensions in Maryland, including the grounds for suspension, the appeals process, and the consequences of a suspension. If you have questions about a suspended or revoked professional license, do not hesitate to contact Kurt E. Nachtman and Silverman Thompson’s business litigation team at 410-385-2225.
Types of Professional Licenses in Maryland
Maryland offers a wide range of professional licenses across various fields. Some of the key licenses issued in the state include:
- Education: Educator licenses in Maryland are categorized into several types, including Initial Professional License, Professional License, Advanced Professional License, and more. These licenses have varying eligibility criteria and validity periods. For instance, an Initial Professional License is issued to educators who meet the initial licensure requirements and is valid for five years.
- Trades: Maryland also licenses various trades, such as barbers, cosmetologists, and electricians. The Maryland Board of Barbers, for example, qualifies and licenses individuals seeking to practice barbering.
- Finance: The state regulates financial professionals, including Certified Public Accountants and individual tax preparers. The Maryland Board of Public Accountancy sets professional standards for CPAs to ensure competent financial services for businesses and citizens.
- Real Estate and Construction: Maryland licenses professionals in real estate, including appraisers and home inspectors. The Maryland Commission of Appraisers, Appraisal Management Companies, and Home Inspectors regulates individuals who provide real estate appraisal services.
- Healthcare: Healthcare professionals, such as physicians, nurses, and pharmacists, are licensed by their respective boards. These boards ensure that healthcare practitioners meet the required standards to protect public health.
Each license type has specific requirements for obtaining and renewing the license. Individuals seeking licensure should consult the respective licensing board’s website or contact them directly for detailed information.
Grounds for Professional License Suspension or Revocation in Maryland
The grounds for professional license suspension in Maryland vary depending on the profession. However, some common grounds for suspension include:
Fraudulent Practices
These include:
- Obtaining a license by fraudulent means
- Using a license fraudulently
- Giving false reports about a patient
- Submitting a false statement to collect a fee
Incompetence and Exceeding the Scope of Training
This includes:
- Performing at a subpar level
- Taking action considered to be “inconsistent with generally accepted professional standards”
- Undertaking “an act that is beyond the licensee’s knowledge and skills”
Improper Delegation and Supervision
This includes:
- Improperly delegating tasks to others
- Failing to properly supervise
Providing Services While Under the Influence of Alcohol or Drugs
This includes providing professional services while under the influence of alcohol or 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.
Discrimination Against a Patient
This includes discriminating against a patient based on their HIV status, race, religion, gender, or other protected characteristics.
Practicing with an Expired License
This includes practicing with an expired license.
Mental Illness or Physical Incompetence
This includes practicing while suffering from a mental illness or physical incompetence.
Other Grounds for Suspension
- Criminal convictions: This includes being convicted of a felony or a crime involving moral turpitude
- Failing to report suspected abuse or neglect of a vulnerable adult: This includes failing to report suspected abuse or neglect of a vulnerable adult
- Failing to comply with the requirements of any order entered by the Board: This includes failing to comply with the requirements of any order entered by the Board.
- Record-keeping violations: This includes failing to keep proper records
- Sexual misconduct or boundary violations: This includes engaging in sexual misconduct or boundary violations within the professional relationship
- Ethics violations: This includes violating the code of ethics adopted by the various Boards
Laws and Regulations
Several laws and regulations govern professional license suspensions in Maryland. The table below highlights some common issues which occur with regard to license suspensions. These samples are taken from the rules governing social workers, nurses, and registered dieticians:
| Violation | Law/Regulation | Penalty |
| Fraudulently obtaining a license | Health Occupations Article, §19-311 7 | Active suspension for 90 days, or $2,000 fine, or both |
| Fraudulently using a license | Health Occupations Article, §19-311 7 | Active suspension for 90 days, or $2,000 fine, or both |
| Practicing while under the influence | Md. Code, Health Occ. §8-316 6 | License suspension or revocation |
| Discrimination | Md. Code, Health Occ. § 5-312 8 | Reprimand, or $200 fine, or both |
| Failing to report suspected abuse or neglect of a vulnerable adult | Criminal Law Article, §3-604 or 3-605 7 | Reprimand, or $200 fine, or both |
Appealing a Professional License Suspension in Maryland
If a licensed professional is suspended in Maryland, they have the right to appeal the suspension. The appeals process varies depending on the profession, but generally involves the following steps:
- Request a hearing: The licensed professional must request a hearing with the licensing board
- Prepare your case: The licensed professional should gather all relevant documents, evidence, and records related to their suspension
- Attend the hearing: The licensed professional will present their case before an administrative law judge
- Follow the decision: After the hearing, the judge will make a decision. The licensed professional must follow any additional instructions provided to confirm compliance with the ruling
- Appeal if necessary: If the licensed professional disagrees with the hearing’s outcome, they may have the option to appeal the decision to a higher court
Consequences of a Professional License Suspension in Maryland
The consequences of a professional license suspension in Maryland vary depending on the profession. However, some common consequences include:
- Loss of income: The licensed professional will be unable to work in their profession while their license is suspended, leading to a potential loss of income and financial hardship
- Damage to reputation: A license suspension can damage the licensed professional’s reputation and make it difficult to find employment in the future. This can have long-term consequences for their career prospects
- Disciplinary action by the licensing board: The licensing board may impose additional disciplinary action, such as fines, probation, or mandatory rehabilitation programs. These actions can add further financial and professional burdens on the individual
- Criminal charges: In some cases, a license suspension may result in criminal charges, such as practicing without a license. This can lead to legal proceedings and potential penalties, including fines and imprisonment
Tips for Professionals
To avoid license suspension, professionals in Maryland should:
- Immediately seek legal counsel if facing a complaint or investigation: If you are facing a complaint or investigation that could potentially lead to license suspension, consult with an attorney experienced in professional license defense
- Stay informed about ethical guidelines and regulations: Keep abreast of the latest updates to ethical codes and regulations relevant to your profession
- Maintain accurate and complete records: Ensure all professional records are accurate, complete, and updated.
- Address any complaints promptly and thoroughly: Respond to any complaints or concerns raised by clients or colleagues in a timely and professional manner
Conclusion
Professional license suspensions are a serious matter in Maryland. They serve to uphold professional standards, protect the public, and maintain the integrity of various professions. If you are a licensed professional in Maryland, it is crucial to understand the grounds for suspension, the appeals process, and the potential consequences.
By adhering to ethical guidelines, maintaining proper records, and addressing concerns promptly, you can minimize the risk of license suspension and safeguard your professional career.
If you are facing a potential license suspension, seeking legal counsel is highly recommended to protect your rights and explore your options.
If you have questions about a suspended or revoked professional license, do not hesitate to contact Kurt E. Nachtman and Silverman Thompson’s business litigation team at 410-385-2225.