Md. Code Regs. 10.26.04.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.26.04.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative law judge" means the hearing officer assigned to preside over a hearing in cases which the Board has delegated to the Office of Administrative Hearings.

(2) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges brought by the Board.

(3) "Administrative prosecutor" means the attorney assigned by the Office of the Attorney General to prosecute disciplinary charges for the Board.

(4) "Advisory letter" means an informal action consisting of a nonpublic letter issued by the Board if the Board has a basis to charge the licensee with disciplinary violations, but closes the case by advising the licensee of the laws governing the practice of acupuncture.

(5) "Board" means the State Acupuncture Board.

(6) "Board counsel" means the attorney assigned by the Office of the Attorney General to provide legal advice to the Board, and to represent the Board in legal matters and suits filed against and on behalf of the Board.

(7) "Case resolution conference" means an informal, confidential meeting between the parties to a contested case and the Board's case resolution conference committee to discuss possible settlement of a disciplinary matter pending before the Board.

(8) "Case resolution conference committee" means a committee composed of members of the Board who make recommendations to the Board regarding settlement of disciplinary matters.

(9) "Cease and desist letter" means an informal action consisting of a nonpublic letter issued by the Board, ordering a licensee to cease from doing a specified activity or an unlicensed individual to cease the unauthorized practice of acupuncture.

(10) "Charging document" means a nonpublic document issued by the Board which:

(a) Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Acupuncture Act;

(b) Sets forth sections of the Maryland Acupuncture Act the Board believes were violated; and

(c) Provides notice to the licensee of disciplinary proceedings before the Board.

(11) Complaint.

(a) "Complaint" means a written document received by the Board which sets out conduct by a licensee which may violate the Maryland Acupuncture Act and which may be grounds for an investigation or disciplinary action by the Board.

(b) "Complaint" includes, but is not limited to:

(i) A consumer complaint;

(ii) A law enforcement report;

(iii) A report from a hospital or related institution;

(iv) A report from another state, country, or jurisdiction, or from the armed services of the United States;

(v) A report from an insurer;

(vi) A malpractice insurance report;

(vii) An advertisement;

(viii) A news article or report;

(ix) A report from a professional association, peer review committee, rehabilitation committee, or medical review committee as defined in Health Occupations Article, § 14-501, Annotated Code of Maryland;

(x) A report from another health occupation board or other State agency;

(xi) A report from a court of this or another jurisdiction;

(xii) An application filed with the Board;

(xiii) A written memorandum of the Board alleging conduct by a licensee; and

(xiv) Other information, from any other source, which warrants investigation.

(12) "Complaint review committee" means the committee composed of Board members, Board staff, Board counsel, the administrative prosecutor, and other individuals designated by the Board to:

(a) Review complaints;

(b) Recommend to the Board that a matter be referred for investigation;

(c) Recommend to the Board that a matter be closed;

(d) Recommend to the Board that a licensee be charged with a violation of the Maryland Acupuncture Act or of an order of the Board;

(e) Recommend to the Board that the Board solicit a response from a licensee or respondent before further action; and

(f) Make recommendations to the Board regarding any other disciplinary matter which has been delegated to the complaint review committee by the Board.

(13) "Consent agreement" means informal action taken by the Board consisting of a nonpublic document which has been negotiated and agreed to by both the licensee and the Board to resolve an administrative, nondisciplinary matter.

(14) "Consent order" means a public document issued by the Board which is a final order of the Board that has been negotiated and agreed to by both the licensee and the Board to resolve a disciplinary matter.

(15) "Contested case" means a proceeding conducted under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(16) "Disposition agreement" means a formal nonpublic agreement, entered into with an impaired licensee instead of formal disciplinary action, in which the licensee agrees to comply with certain conditions.

(17) "Final order" means a public document issued by the Board resolving a contested case either by consent or after an adjudication and which includes findings of fact, conclusions of law, and a disposition which:

(a) Denies a license;

(b) Sanctions by reprimand, probation, fine, or suspension or revocation of a license;

(c) Summarily suspends a license;

(d) Dismisses charges;

(e) Surrenders a license; or

(f) Takes any other action that the Board is authorized to do by law.

(18) "Imperatively requires emergency action" means a finding by the Board that an emergency action must be taken against a licensee under State Government Article, § 10-226(c)(2), Annotated Code of Maryland, based on investigative facts that raise a substantial likelihood of risk of harm to the public health, safety, or welfare before a full evidentiary hearing can be held.

(19) "Informal action" means that the Board closes a case, without taking any formal disciplinary action or issuing a final order, by imposing a disciplinary sanction consisting of:

(a) A letter of education;

(b) An advisory letter;

(c) A letter of admonishment;

(d) A cease and desist letter; or

(e) A consent agreement.

(20) "Investigation" means the gathering of information after the Board receives a complaint against a licensee, which is necessary for the Board to determine whether there is reasonable cause to charge a licensee with a violation of the Maryland Acupuncture Act.

(21) Letter of Admonishment.

(a) "Letter of admonishment" means informal action consisting of a nonpublic letter issued by the Board, either before or after charges have been issued, if the Board believes a licensee has engaged in conduct which violates the Maryland Acupuncture Act but closes the case by admonishing the licensee.

(b) "Letter of admonishment" may reflect agreement by the Board and the licensee that the licensee shall perform certain conditions instead of the Board taking formal disciplinary action.

(22) "Letter of education" means informal action consisting of a nonpublic letter:

(a) Issued by the Board if the Board does not believe that conduct rose to the level of a violation of the Maryland Acupuncture Act; and

(b) In which the Board educates the licensee of the laws and standards of the practice of acupuncture.

(23) "Letter of surrender" means a public letter accepted by the Board in which the licensee agrees to surrender licensure to practice acupuncture, and which may include conditions for the Board's acceptance of the surrender as a resolution of the case instead of the Board taking formal disciplinary action.

(24) "Licensee" means an individual who is licensed to practice acupuncture in Maryland.

(25) "Licensure" means the authority granted to an individual by the Board pursuant to the Board's authority under the Maryland Acupuncture Act to practice acupuncture in this State.

(26) "Maryland Acupuncture Act" means Health Occupations Article, Title 1A, Annotated Code of Maryland.

(27) "Notice of initial denial" means a nonpublic document issued by the Board:

(a) By which an applicant or licensee is notified that the Board intends to deny a license, or a change in licensure status, or some other benefit sought by the licensee, and of the statutory grounds or other reasons for the denial; and

(b) Which provides notice to the licensee of any proceedings scheduled before the Board.

(28) "Post-deprivation hearing" means a contested case hearing scheduled by the Board after the Board has issued an order for summary suspension under State Government Article, § 10-226(c)(2), Annotated Code of Maryland, in which the licensee may challenge the Board's basis for issuing the order for summary suspension.

(29) "Predeprivation hearing" means a nonevidentiary, show cause hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why the Board should not:

(a) Issue an order for summary suspension under State Government Article, § 10-226(c)(2), Annotated Code of Maryland; or

(b) Take some other action which the Board is authorized by law to take.

(30) "Preliminary investigation" means the gathering of information necessary for the Board to determine whether the Board should dismiss a complaint or conduct further investigation to determine if there is reasonable cause to charge a licensee with a violation of the Maryland Acupuncture Act.

(31) "Probation" means a sanction imposed by the Board in a public final order by which the public is notified that the licensee has violated the Maryland Acupuncture Act and the licensee is monitored by the Board for a period of time and must comply with certain conditions in order to avoid further disciplinary action.

(32) "Prohibited act" means any conduct specified in the Maryland Acupuncture Act which can result in sanctions or penalties.

(33) "Public document" means a document that the Board is permitted or required to disclose to the public under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

(34) "Recommended decision" means a nonpublic document issued to the Board by an administrative law judge which sets out proposed findings of fact, proposed conclusions of law, and a proposed sanction, or any combination of these.

(35) "Recusal" means the disqualification of a member of the Board to participate in a proceeding because of interest, bias, or another reason which may interfere with the Board member's participation in a case.

(36) "Registered auricular detoxification specialist" means an individual who has been registered by the Board for the purpose of assisting an individual who is undergoing detoxification to remove addictive substances from the body and to restore health.

(37) "Respondent" means a licensee, subject to the jurisdiction of the Board, who has been:

(a) Charged with a violation of Health Occupations Article, § 1A -309, Annotated Code of Maryland;

(b) Notified that the Board intends to initially deny a license, change a licensee's status, or deny some other benefit sought by the licensee;

(c) Notified of a potential emergency suspension of the licensee's license; or

(d) Otherwise notified that the licensee has the opportunity to appear before the Board to respond to allegations by the Board in a contested case.

(38) "Reprimand" means a sanction imposed by the Board in a public final order if the Board determines that the licensee has violated the Maryland Acupuncture Act, which:

(a) Does not place the licensee on a period of probation;

(b) Permits the licensee to continue practicing without license suspension; and

(c) May be imposed in addition to any other sanctions authorized by the Act.

(39) "Revocation" means a sanction imposed by the Board in a public final order if the Board determines that the licensee has violated the Maryland Acupuncture Act, which terminates the licensee's authority to practice acupuncture and renders the licensee an unlicensed individual.

(40) "Sanction" means an action taken against a licensee by the Board in a public final order by which the public is notified that the licensee has violated the Maryland Acupuncture Act, and which may consist of a reprimand, probation, suspension or revocation of the license, or a fine.

(41) "Show cause hearing" means a nonevidentiary hearing held before the Board in which a licensee has an opportunity to demonstrate to the Board why the Board should not issue a proposed order or take an action that the Board is legally authorized to take.

(42) "Stay" means the withholding of an action ordered by the Board and which may be subject to certain conditions.

(43) "Stet" means the act of suspending all action in a proceeding, which may be subject to certain conditions, and which the Board has the discretion to reopen at a later time.

(44) "Summary suspension" means the indefinite suspension of a license under State Government Article, § 10-226(c)(2), Annotated Code of Maryland, issued if the Board believes the action is necessary to protect the public health, safety, or welfare.

(45) "Surrender" means the voluntary relinquishing of a license to practice acupuncture which may be subject to certain conditions set by the Board.

(46) "Suspension" means a sanction imposed by the Board in a public final order if the Board determines that a licensee has violated the Maryland Acupuncture Act, which temporarily discontinues the licensee's authority to practice acupuncture for a specific period of time or until certain conditions are met.

Md. Code Regs. 10.26.04.02