(a) Subject to the hearing provisions of § 8-317 of this title and § 8-6B-19 of this subtitle, the Board may deny a license to an applicant, grant a license, including a license subject to a reprimand, probation, or suspension, to an applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke a license if the applicant or licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; (2) Fraudulently or deceptively uses a license; (3) As part of the practice of electrology, knowingly does an act that exceeds the scope of the practice of electrology; (4) Is grossly negligent in practicing or teaching an electrology education program; (5) Acts in a manner inconsistent with generally accepted standards for the practice of electrology; (6) 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; (7) Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board's disciplinary statutes; (8) 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; (9) Uses types of instruments or procedures in the practice of electrology that are not approved by the Board; (10) Advertises in a manner that violates this subtitle; (11) Uses a title not authorized by § 8-6B-23 of this subtitle; (12) Is currently adjudicated as being a disabled individual under Title 13 of the Estates and Trusts Article; (13) Practices electrology with an unauthorized individual or supervises or aids an unauthorized individual in the practice of electrology; (14) Willfully makes or files a false report or record in the practice of electrology; (15) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; (16) Submits a false statement to collect a fee; (17) Violates a provision of this subtitle or a rule or regulation adopted by the Board; (18) Uses or promotes or causes the use of a misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial; (19) Is professionally, physically, or mentally incompetent; (20) Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; (21) Behaves immorally in the practice of electrology; (22) Commits an act of unprofessional conduct in the practice of electrology; (23) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; (24) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention's guidelines on universal precautions; (25) Fails to submit to a criminal history records check in accordance with § 8-303 of this title; (26) Fails to allow an inspection under § 8-6B-06(10) and (11) of this subtitle; (27) Fails to cooperate with a lawful investigation conducted by the Board; (28) Practices electrology without a license before obtaining or renewing a license, including any period when practicing electrology on an expired license or a lapsed license; or (29) After failing to renew a license, commits any act that would be grounds for disciplinary action under this section. (b) In addition to any sanction authorized under this section, the Board may require a licensee to comply with specified terms and conditions determined by the Board.
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