Md. Code Regs. 10.28.04.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 10.28.04.02 - 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) "Board" means the State Board of Examiners in Optometry.

(5) "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.

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

(7) "Cease and desist letter" means an informal action consisting of a nonpublic letter issued by the Board ordering:

(a) A licensee to cease doing a specified activity; or

(b) An unlicensed individual to cease the unauthorized practice of optometry.

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

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

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

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

(9) "Complaint" means a written allegation received by the Board that a licensee may have violated the Maryland Optometry Act and which may be grounds for an investigation or disciplinary action by the Board.

(10) "Consent order" means a public record 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.

(11) "Contested case" means a proceeding conducted pursuant to the Administrative Procedure Act.

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

(13) "Final order" means a public record issued by the Board resolving a contested case either by consent or after an adjudication, 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.

(14) "Imperatively requires emergency action" means a finding by the Board that an emergency action be taken against a licensee pursuant to 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.

(15) "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) Letter of admonishment;

(c) Cease and desist letter; or

(d) Consent agreement.

(16) "Investigation" means the gathering of information to assist the Board in determining whether there is reasonable cause to charge a licensee with a violation of the Maryland Optometry Act.

(17) Letter of Admonishment.

(a) "Letter of admonishment" means informal action consisting of a nonpublic letter issued by the Board closing the case, when the Board believes a licensee has engaged in conduct which violates the Maryland Optometry Act.

(b) "Letter of admonishment" includes admonishment of the licensee not to repeat the actions.

(c) "Letter of admonishment" may include an agreement that a licensee perform certain conditions in lieu of the Board taking formal disciplinary action.

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

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

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

(19) "Letter of surrender" means a public letter accepted by the Board in which the licensee agrees to surrender the licensee's license to practice optometry, which may include conditions for the Board's acceptance of the surrender as a resolution of the case.

(20) "Licensure" means permission to engage in a health care profession regulated by the Board, which is in any form including a certificate, registration, or license.

(21) "Maryland Optometry Act" means Health Occupations Article, Title 11, Annotated Code of Maryland.

(22) "Notice of initial denial" means a nonpublic record issued by the Board by which an applicant or licensee is notified that the Board intends to deny a license, change in licensure status, or some other benefit sought by the licensee.

(23) "Penalty" means a monetary or administrative penalty imposed pursuant to Health Occupations Article, §11-314, Annotated Code of Maryland.

(24) "Post-deprivation hearing" means a contested case hearing scheduled by the Board after the Board has issued an order for summary suspension pursuant to 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.

(25) "Predeprivation hearing" means a non-evidentiary, show cause hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why it should not:

(a) Issue an order for summary suspension pursuant to 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.

(26) "Preliminary investigation" means the gathering of information to be used by 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 Optometry Act.

(27) "Probation" means a sanction imposed by the Board in a public final order where the licensee is:

(a) Monitored by the Board for a period of time; and

(b) Required to comply with certain conditions in order to avoid further disciplinary action.

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

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

(30) "Recommended decision" means a nonpublic record 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 actions.

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

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

(a) Given notice to answer allegations concerning violations of the Maryland Optometry Act;

(b) Notified as to a potential emergency suspension pursuant to State Government Article, §10-226(c), Annotated Code of Maryland; or

(c) Notified as to a potential violation of Health Occupations Article, §11-501, Annotated Code of Maryland.

(33) "Revocation" means the removal of an optometrist's license to practice optometry.

(34) "Sanction" means an action by the Board which:

(a) Reprimands;

(b) Places on probation;

(c) Fines;

(d) Suspends or revokes a license; or

(e) Disciplines by a consent order.

(35) "Show cause hearing" means a non-evidentiary hearing held before the Board in which the licensee has the 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.

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

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

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

(39) "Suspension" means a temporary denial of the right to use a license and is usually defined by:

(a) A specific period of time;

(b) Specific dates; or

(c) Specific conditions.

Md. Code Regs. 10.28.04.02

Regulations .02 adopted effective September 3, 2001 (28:17 Md. R. 1556)