Md. Code Regs. 10.44.07.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.44.07.02 - 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 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 where the Board has a basis to charge the licensee with disciplinary violations but closes the case by advising the licensee of the basis to charge and admonishes the licensee not to repeat the conduct.

(5) "Board" means the State Board of Dental Examiners.

(6) "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.

(7) "Case resolution conference committee" means a committee composed of members of the Board that makes recommendations to the Board regarding settlement of disciplinary matters.

(8) "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 dentistry or dental hygiene.

(9) "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 Dentistry Act;

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

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

(10) "Complaint" means information received by the Board which sets out conduct by a licensee which may:

(a) Violate the Maryland Dentistry Act; and

(b) Be grounds for an investigation or disciplinary action by the Board.

(11) "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.

(12) "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.

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

(14) "Disciplinary review committee" means a committee composed of members of the Board that makes recommendations to the Board regarding any disciplinary matter.

(15) "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.

(16) "Final order" means a public document 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, civil penalty, or suspension or revocation of a license;

(c) Summarily suspends a license;

(d) Dismisses charges;

(e) Provides for surrender of a license; or

(f) Takes any other action that the Board may take.

(17) "Imperatively requires emergency action" means a finding by the Board that emergency action 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.

(18) "Informal action" means that the Board closes a case without taking any formal disciplinary action and without issuing a final order.

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

(20) "Letter of education" means informal action consisting of a nonpublic letter to a licensee:

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

(b) In which the Board educates the licensee concerning the laws and standards of the practice of dentistry or dental hygiene.

(21) Letter of Surrender.

(a) "Letter of surrender" means a public letter accepted by the Board in which the licensee agrees to surrender the licensee's license to practice dentistry or dental hygiene.

(b) "Letter of Surrender" may include conditions for the Board's acceptance of the surrender.

(22) "Licensure" means the permission granted to an individual by the Board pursuant to the Board's authority under the Maryland Dentistry Act to practice dentistry or dental hygiene in this State which is evidenced by a license issued by the Board.

(23) "Maryland Dentistry Act" means Health Occupations Article, Title 4, Annotated Code of Maryland.

(24) "Notice of initial denial" means a nonpublic document issued by the Board by which an applicant or licensee is notified:

(a) That the Board intends to deny:

(i) A license;

(ii) A change in licensure status; or

(iii) Another benefit sought by the licensee;

(b) Of the statutory grounds or other reasons for the denial; and

(c) Of any proceedings scheduled before the Board.

(25) "Peer review" means an evaluation by appropriate members of a professional association or one of its components of a:

(a) Licensee's clinical care; or

(b) Dispute between a dentist and a consumer of dental services.

(26) "Postdeprivation evidentiary hearing" means a contested case hearing held before 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.

(27) "Postdeprivation show cause hearing" means a nonevidentiary hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why the order for summary suspension issued under State Government Article, §10-226(c)(2), Annotated Code of Maryland, should not remain in effect.

(28) "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 it should not:

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

(b) Take another action that the Board may take.

(29) "Preliminary investigation" means the gathering of information necessary for the Board to determine if 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 Dentistry Act.

(30) "Probation" means a sanction imposed by the Board in a final order, in which the licensee is:

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

(b) Subject to certain requirements to avoid further disciplinary action.

(31) "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.

(32) "Recommended decision" means a nonpublic document issued by an administrative law judge that sets out proposed findings of fact, proposed conclusions of law, a proposed sanction, or any combination of them, under a delegation by the Board.

(33) "Recusal" means the disqualification of a member of the Board from participation in a proceeding because of interest, bias, or other reason.

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

(a) Charged with violations of Health Occupations Article, §4-315, Annotated Code of Maryland;

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

(c) Notified of a potential emergency suspension of licensure; or

(d) Notified of the opportunity to appear before the Board to respond to allegations by the Board in a contested case.

(35) "Reprimand" means a sanction imposed by the Board in a final order in which the Board publicly admonishes the licensee for violating the Maryland Dentistry Act.

(36) "Revocation" means a sanction imposed by the Board in a final order in which the licensee's permission to practice dentistry or dental hygiene in Maryland is terminated.

(37) "Sanction" means an action taken against a licensee by the Board in a final order, which includes one or a combination of the following:

(a) A reprimand;

(b) Probation;

(c) Suspension or revocation of the license; or

(d) A civil penalty.

(38) "Show cause hearing" means a nonevidentiary hearing before the Board in which the licensee may demonstrate to the Board why the Board should not:

(a) Issue a proposed order;

(b) Continue an order currently in effect; or

(c) Take an action that the Board may take.

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

(40) "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 that the action is necessary to protect the public health, safety, or welfare.

(41) "Surrender" means the voluntary relinquishment of a license to practice dentistry or dental hygiene that may be subject to certain conditions set by the Board.

(42) "Suspension" means a sanction imposed by the Board in a final order in which the licensee's ability to practice dentistry or dental hygiene is temporarily denied for a specific period of time or until certain conditions are met.

(43) "Triage Committee" means a committee composed of members of the Board to which newly filed complaints are referred for initial recommendation before review by the Discipline Review Committee.

Md. Code Regs. 10.44.07.02

Regulations .02 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989); emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475)
Regulations .02 adopted effective March 1, 2004 (31:4 Md. R. 317)