Sec. 10.32.02.11. Disciplinary Actions and Licensure Denials Assigned to the Board

A. This regulation applies to proceedings under Health Occupations Article, §14-205(b)(1)(iii), 14-206(e), 14-307, 14-405, 14-606(a)(4)(ii), 14-5A-17(a), 14-5A-09, 14-5A-23(b), 14-5B-09, 14-5B-14(a), 14-5B-19(b), 14-5C-09, 14-5C-17(a), 14-5C-23(b), 14-5D-08, 14-5D-14(a), 14-5D-18(b), 14-5E-09, 14-5E-16(a), 14-5E-23(b), 14-5F-11, 14-5F-18(a), 14-5F-29(b), 15-313, or 15-403, Annotated Code of Maryland.

B. The final decision in the proceedings in this regulation is made by the full Board.

C. Denial of Application for Initial License.

(1) When an individual files an application for a license with the Board, the applicant shall be investigated to determine whether the Board will:

(a) Issue a license; or

(b) Deny the application.

(2) The Board may vote for the issuance of an intent to deny application for an initial license to practice medicine or an allied health profession for one or any combination of the grounds for denial, including:

(a) Failing to meet the minimal qualifications or requirements of licensure;

(b) Committing an act or an omission constituting grounds for discipline under Health Occupations Article, §14-404, Annotated Code of Maryland;

(c) Failing to complete the application or failing to provide additional information requested by the Board in connection with the application;

(d) Submitting false or misleading information in connection with the application; or

(e) Failing to cooperate with the Board’s investigation of the application.

(3) If the Board votes to issue a notice of an intent to deny an application for an initial license, the notice shall be served upon the applicant by regular mail or hand delivery to an address the applicant identified on the applicant’s application.

(4) After service of the notice of intent to deny application for initial license, the applicant shall be offered an informal meeting with a panel of the Board to explore whether the matter can be resolved with a consent order. The administrative prosecutor also may attend the meeting. The panel may recommend a consent order granting a license, denying a license, or granting a license with appropriate terms and conditions including probation.

(5) If the applicant and the administrative prosecutor agree with the panel’s proposed resolution, the applicant shall sign a consent order with the proposed resolution, and the Board shall vote on whether to approve the resolution. If the applicant and the administrative prosecutor do not agree with the panel’s proposed resolution, the Board shall delegate the matter to the Office of Administrative Hearings for a contested case hearing.

(6) If the matter proceeds to a hearing before the Office of Administrative Hearings, the administrative prosecutor shall present evidence before an administrative law judge in support of the denying the initial licensure application. The applicant shall be given an opportunity to present evidence in support of granting the license.

(7) The administrative law judge shall conduct an evidentiary hearing in accordance with:

(a) The Administrative Procedure Act;

(b) COMAR 28.02.01; and

(c) COMAR 10.32.02.04C, which shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01.

(8) The administrative law judge shall issue a proposed decision. Within 15 days of the issuance of the proposed decision, the applicant and the administrative prosecutor may file exceptions to the proposed decision with the Board. A response to the exceptions may be filed within 15 days of the filing of the exceptions.

(9) If exceptions are filed, the Board shall hold a hearing on the exceptions. The exceptions hearing is based upon evidentiary record established before the Office of Administrative Hearings.

(10) The Board shall vote and issue a final decision and order on whether the initial license application is granted or denied.

(11) An individual whose application for initial licensure has been denied by a final decision and order by the Board may petition for judicial review of the final decision and order as provided by Health Occupations Article, §14-408(a), Annotated Code of Maryland.

D. Unauthorized Practice and Misrepresentation as a Licensed Practitioner.

(1) The Board may vote for charges that an individual has practiced medicine or an allied health profession without authorization or that an individual has misrepresented one’s self as a practitioner of medicine or as an allied health professional.

(2) If the Board votes to charge an individual for practicing medicine or an allied health care profession without authorization or with misrepresenting one’s self as a practitioner of medicine or as an allied health professional, the notice shall be served upon the respondent by regular mail, certified mail, or hand delivery to the individual.

(3) After service of the charges, the respondent shall be offered an informal meeting with a panel of the Board to explore whether the matter can be resolved with a consent order. The administrative prosecutor may attend the meeting. The panel may recommend a consent order.

(4) If the respondent and the administrative prosecutor agree with the panel’s proposed resolution, the respondent shall sign a consent order with the proposed resolution, and the Board shall vote on whether to approve the resolution. If the applicant and the administrative prosecutor do not agree with the panel’s proposed resolution, the Board shall delegate the matter to the Office of Administrative Hearings for a contested case hearing.

(5) If the matter proceeds to a hearing before the Office of Administrative Hearings, the administrative prosecutor shall present evidence before an administrative law judge to prove the charges. The applicant shall be given an opportunity to present evidence in defense.

(6) The administrative law judge shall conduct an evidentiary hearing in accordance with:

(a) The Administrative Procedure Act;

(b) COMAR 28.02.01; and

(c) COMAR 10.32.02.04C which shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01.

(7) The administrative law judge shall issue a proposed decision. Within 15 days of the issuance of the proposed decision, the applicant and the administrative prosecutor may file exceptions to the proposed decision with the Board. A response to the exceptions may be filed within 15 days of the filing of the exceptions.

(8) If exceptions are filed, the Board shall hold a hearing on the exceptions. The exceptions hearing is based upon evidentiary record established before the Office of Administrative Hearings.

(9) The Board shall vote and issue a final decision and order. If the Board determines that the respondent has practiced a health care profession without authorization or misrepresented one’s self as a practitioner of medicine, the Board may fine the respondent as authorized by statute and regulation.

(10) An individual who is aggrieved by a final decision and order by the Board may petition for judicial review of the final decision and order as provided by Health Occupations Article, §14-408(a), Annotated Code of Maryland.

E. Cease and Desist Orders

(1) An initial Board order to cease and desist issued under §14-206(e) of the Medical Practice Act from the unauthorized practice of medicine or from taking any action for which there are grounds for discipline under Health Occupations Article, §14-404, Annotated Code of Maryland, and which pose a serious risk to the health, safety, and welfare of a patient:

(a) Is a public document; and

(b) Is effective immediately unless the order states otherwise.

(2) The Board shall serve the initial order by hand delivery, certified mail, or first-class mail.

(3) Challenge.

(a) A respondent may challenge the factual or legal basis of the initial order by filing a written opposition within 30 days of its issuance, and may include a request for a hearing.

(b) The Board shall consider that opposition and shall provide a hearing if requested.

(c) After considering the written opposition and the presentation at the hearing, if any, the Board may issue a final order to rescind, modify, or affirm the cease and desist order.

(d) The Board shall serve the final order by hand delivery, certified mail, or first-class mail to the last known address of the respondent.

(e) The respondent may seek judicial review of the Board’s final order as provided in the Administrative Procedure Act.

(4) Violations of a Cease and Desist Order.

(a) The Board may impose a fine as provided in Regulation .09C of this chapter on any individual who violates a cease and desist order.

(b) Before imposition of a fine for violation of a cease and desist order, the Board shall give notice of the alleged violation, and an opportunity for a hearing.

(c) The hearing may not concern issues:

(i) That were not raised under §E(3) of this regulation; or

(ii) That were raised under §E(3) of this regulation, but for which the Board did not grant the relief or modification requested.

(d) The only issues to be considered at the hearing are:

(i) Whether the individual violated the cease and desist order; and

(ii) The amount of any fine to be imposed.

(e) The Board shall issue a final order stating whether a violation occurred and if so, the amount of the fine.

(f) The respondent may seek judicial review of the Board’s final order as provided in the Administrative Procedure Act.

(5) Nothing in this regulation prohibits the Board from delegating any hearing to the Office of Administrative Hearings as permitted by State Government Article, §10-205, Annotated Code of Maryland.