(a) Subject to the hearing provisions of § 8-317 of this title, the Board may deny a license or 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 the license of a licensee if the applicant or licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another; (2) Fraudulently or deceptively uses a license; (3) 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; (4) 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; (5) Willfully and knowingly: (i) Files a false report or record of an individual under the licensee's care; (ii) Gives any false or misleading information about a material matter in an employment application; (iii) Fails to file or record any health record that is required by law; (iv) Obstructs the filing or recording of any health record as required by law; or (v) Induces another person to fail to file or record any health record as required by law; (6) Knowingly does any act that has been determined by the Board, in its regulations, to exceed the scope of practice authorized to the individual under this subtitle; (7) 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; (8) Does an act that is inconsistent with generally accepted professional standards in the practice of direct-entry midwifery; (9) Is grossly negligent in the practice of direct-entry midwifery; (10) Has violated any provision of this title; (11) Submits a false statement to collect a fee; (12) Is physically or mentally incompetent; (13) Knowingly fails to report suspected child abuse in violation of § 5-704 of the Family Law Article; (14) 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; (15) Is in independent practice and fails to display the notice required under § 8-6C-23 of this subtitle; (16) Is habitually intoxicated; (17) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5-101 of the Criminal Law Article; (18) Fails to cooperate with a lawful investigation conducted by the Board; (19) Is expelled from the rehabilitation program established pursuant to § 8-208 of this title for failure to comply with the conditions of the program; (20) Engages in conduct that violates the professional code of ethics; (21) Is professionally incompetent; (22) Practices direct-entry midwifery without a license, before obtaining or renewing a license, including any period when the license has lapsed; (23) After failing to renew a license or after a license has lapsed, commits any act that would be grounds for disciplinary action under this section; (24) Violates regulations adopted by the Board or an order from the Board; (25) Performs an act that is beyond the licensee's knowledge and skills; (26) Fails to submit to a criminal history records check in accordance with § 8-303 of this title; (27) When acting in a supervisory position, directs another licensed direct-entry midwife to perform an act that is beyond the licensed direct-entry midwife's knowledge and skills; or (28) Fails to file a report required under this subtitle. (b) If, after a hearing under § 8-317 of this title, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the Board may impose a penalty not exceeding $5,000 instead of or in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation. (c) (1) Subject to paragraph (2) of this subsection, an individual whose license has been suspended or revoked by the Board shall return the license to the Board. (2) If a suspended or revoked license has been lost, the individual shall file with the Board a verified statement to that effect.
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