Md. Code Regs. 10.34.01.02

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

Section 10.34.01.02 - 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 a case that the Board has delegated to the Office of Administrative Hearings under State Government Article, § 10-205, Annotated Code of Maryland.

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

(3) "Board" means the State Board of Pharmacy.

(4) "Case resolution conference" means a voluntary, informal, and 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.

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

(6) "Cease and desist letter" means a public letter issued by the Board ordering:

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

(b) An unlicensed person to cease the unauthorized practice of pharmacy or the unauthorized operation of a pharmacy.

(7) "Charges" means a nonpublic record issued by the Board which:

(a) Alleges conduct by a registrant or licensee that the Board believes constitutes a violation under the Maryland Pharmacy Act;

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

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

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

(9) "Consent order" means a final order issued by the Board that has been negotiated and agreed to by both the registrant or licensee and the Board to resolve a formal disciplinary action.

(10) "Contested case" means a proceeding conducted under the Administrative Procedure Act.

(11) "Final order" means a public record issued by the Board resolving a formal disciplinary action by consent or after an adjudication, which:

(a) Denies a registration or license;

(b) Sanctions by:

(i) Reprimand;

(ii) Probation;

(iii) Fine; or

(iv) Suspension or revocation of a registration or license;

(c) Summarily suspends a registration or license;

(d) Dismisses charges;

(e) Surrenders a registration or license;

(f) Resolves the contested case by consent of the parties; or

(g) Takes any other action that the Board may take by law.

(12) "Formal disciplinary action" means action taken by the Board that:

(a) Is initiated by:

(i) Charges; or

(ii) A notice of initial denial;

(b) Is resolved by a consent order;

(c) Results in a summary suspension; or

(d) Results in a letter of surrender.

(13) "Informal action" means that the Board closes a case, without formal disciplinary action or issuing a final order, by sending a:

(a) Letter of education;

(b) Letter of admonishment; or

(c) Letter of agreement.

(14) "Letter of admonishment" means an informal action taken by the Board consisting of a nonpublic letter closing the case if the Board believes a registrant or licensee engaged in conduct that violated the Maryland Pharmacy Act and may include a letter of agreement in which a registrant or licensee agrees to satisfy certain conditions instead of the Board issuing charges.

(15) Letter of Education.

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

(i) Issued by the Board, closing the case if the Board does not believe that the registrant's or licensee's conduct rose to the level of a violation of the Maryland Pharmacy Act; and

(ii) In which the Board educates the registrant or licensee regarding the laws and standards of the practice of pharmacy or operating a pharmacy.

(b) "Letter of education" may include a letter of agreement in which a registrant or licensee agrees to satisfy certain conditions.

(16) Letter of Surrender.

(a) "Letter of surrender" means a public record accepted by the Board in which:

(i) The licensee agrees to surrender the licensee's license or permit; or

(ii) The registrant agrees to surrender the registrant's registration.

(b) "Letter of surrender" may include conditions for the Board's acceptance of the surrender as a resolution of the case.

(17) "Licensee" means the holder of a license or permit issued by the Board.

(18) "Maryland Pharmacy Act" means Health Occupations Article, Title 12, Annotated Code of Maryland.

(19) "Notice of initial denial" means a nonpublic record issued by the Board by which an applicant, registrant, or licensee is notified that the Board intends to:

(a) Change a registration or licensure status;

(b) Deny a registration, license, or permit; or

(c) Deny some other benefit sought by the registrant or licensee.

(20) "Party" means the:

(a) Respondent or person named or admitted as a party, or properly seeking and entitled as a right to be a party in a formal disciplinary proceeding; or

(b) Administrative prosecutor from the Office of the Attorney General presenting a case on behalf of the Board.

(21) "Postdeprivation hearing" means a show cause or an evidentiary 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 registrant or licensee may challenge the Board's basis for issuing the order of summary suspension.

(22) "Predeprivation hearing" means a show cause hearing in which the registrant or 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 that the Board may take.

(23) "Presiding officer" means the president of the Board or, in the president's absence, a Board member designated by the president, who:

(a) Conducts hearings before the Board; and

(b) Issues prehearing orders.

(24) "Probation" means a sanction imposed by the Board in a public final order under which the registrant or 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.

(25) "Public record" 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.

(26) "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, a proposed sanction, or any combination of these actions.

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

(28) "Registrant" means the holder of a:

(a) Pharmacy technician registration issued by the Board ; or

(b) Pharmacy intern registration issued by the Board.

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

(a) Given formal notice of allegations concerning violations of the Maryland Pharmacy Act; and

(b) Notified as to the possible imposition of sanctions or a summary suspension.

(30) "Revocation" means the removal of a registrant's registration or licensee's license or permit.

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

(a) Reprimands;

(b) Places on probation;

(c) Fines; or

(d) Suspends or revokes a registration, license, or permit.

(32) "Show cause hearing" means a nonevidentiary hearing in which the registrant or licensee may demonstrate to the Board why the Board should not issue a proposed order or continue to take an action that the Board may take.

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

(34) "Suspension" means the temporary denial of the right to use a registration, license, or permit and is usually defined by:

(a) A specified period of time;

(b) Specific dates; or

(c) Specific conditions.

Md. Code Regs. 10.34.01.02

Regulations .02 adopted effective September 1, 2003 (30:17 Md. R. 1203)
Regulation .02B amended effective January 28, 2008 (35:2 Md. R. 127)
Regulations .02 amended effective 42:7 Md. R. 569, eff.7/1/2015