reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-312 - Investigative and Enforcement Powers of Board

(a)    (1)    The Board shall investigate any alleged violation of this title.
(2)    The Board may issue subpoenas, administer oaths, and examine witnesses.
(b)    The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 2–314 of this subtitle or §§ 2–401 through 2–402.3 of this title.
(c)    (1)    An action may be maintained in the name of the State or the Board to enjoin:
(i)    Conduct that is a ground for disciplinary action under § 2–314 of this subtitle;
(ii)    The unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology; or
(iii)    Aiding and abetting in the unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology.
(2)    An action under this subsection may be brought by:
(i)    The Board, in its own name;
(ii)    The Attorney General, in the name of the State; or
(iii)    A State’s Attorney, in the name of the State.
(3)    An action under this subsection shall be brought in the county where the defendant:
(i)    Resides; or
(ii)    Engages in the act sought to be enjoined.
(4)    Proof of actual damages or that any person is likely to sustain any damage if an injunction is not granted is not required for an action under this subsection.
(5)    An action under this subsection is in addition to and not instead of disciplinary action under § 2–314 of this subtitle or criminal prosecution for the unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology under §§ 2–401 through 2–402.3 of this title.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-313 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license or a limited license, a licensee or limited licensee may not surrender the license or limited license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
(b)    The Board may set conditions on its agreement with a licensee or limited licensee under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.1 - Hearing Aid Dispensers and Audiologists -- Medical Examination

(a)    In this section, “medical examination” means a physical examination of the ear of an individual by an otolaryngologist, otologist, or other physician.
(b)    (1)    Before an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or hearing aid dispenser shall determine whether the individual has had a medical examination within the 6 months before the hearing aid service is to be provided.
(2)    Unless an audiologist or a hearing aid dispenser determines that an individual has had a medical examination within the period set under paragraph (1) of this subsection, the audiologist or hearing aid dispenser:
(i)    Shall give the individual a written recommendation that the individual obtain a medical examination; and
(ii)    Except as provided in subsection (c) of this section, may not sell a hearing aid to the individual until the individual provides to the audiologist or the hearing aid dispenser satisfactory written evidence that the individual has had a medical examination within the 6 months before the hearing aid is provided.
(c)    (1)    An audiologist or a hearing aid dispenser may sell a hearing aid to an individual without complying with the requirements of subsection (b)(2)(ii) of this section only if the services are:
(i)    Limited to replacement of a hearing aid; or
(ii)    Provided to an individual who:
1.    Is at least 18 years old; and
2.    Before a hearing aid is provided, signs a written waiver of the medical examination that otherwise is required under subsection (b)(2)(ii) of this section.
(2)    Each audiologist or hearing aid dispenser shall keep a copy of each signed waiver.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.2 - Misleading or Untruthful Advertisements and Representations Regarding Services

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not:
(1)    Advertise a particular model, type, or kind of hearing aid for sale while intending:
(i)    1.    Not to allow an individual who responds to the advertisement to buy the hearing aid advertised; or
2.    To dissuade an individual who responds to the advertisement from buying the hearing aid advertised; and
(ii)    To obtain for a prospective buyer a model, type, or kind of hearing aid that differs from that advertised; or
(2)    Falsely represent the use or availability of services or advice of a physician for providing hearing aid services.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.3 - Hearing Aid Dispensers -- Misrepresentation of Qualifications of Place of Business

While practicing hearing aid dispensing, a hearing aid dispenser may not misrepresent the place of business of the person by use of the word “clinic” or any similar word, abbreviation, or symbol to indicate falsely that a medical service is provided at that place.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.5 - Hearing Aid Dispensers and Audiologists -- Unlawful Inducements

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not directly or indirectly give or offer to give anything of value to another person who provides professional services to clients, if the thing of value is given to induce the person receiving the thing of value to:
(1)    Buy a product or service from the person giving the thing of value;
(2)    Refrain from buying a product or service of a competitor of the person giving the thing of value; or
(3)    Influence another to:
(i)    Buy a product or service from the person giving the thing of value; or
(ii)    Refrain from buying a product or service of a competitor of the person giving the thing of value.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.6 - Door-to-Door Solicitation of Hearing Aid Sales

(a)    Subject to subsection (b) of this section, a person may not sell or attempt to sell a hearing aid to any person by door–to–door solicitation.
(b)    Subsection (a) of this section does not apply to a solicitation that is made:
(1)    At the request of the solicited individual; or
(2)    In response to an inquiry from the solicited individual.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.7 - Unfair or Deceptive Trade Practices in Provision of Hearing Aid Services

While practicing audiology or hearing aid dispensing, a person may not engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.8 - Receipts for Hearing Aids

Each time an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or the hearing aid dispenser shall give the individual a receipt that includes:
(1)    The name and address of the regular place of business of the audiologist or the hearing aid dispenser;
(2)    The license number of the audiologist or the hearing aid dispenser;
(3)    The make, model, and serial number of the hearing aid provided;
(4)    If the hearing aid is used or reconditioned, a statement that indicates that the hearing aid is used or reconditioned;
(5)    The amount charged for the hearing aid;
(6)    The total refundable amount of the hearing aid if it is returned within 30 days as provided in the Hearing Aid Sales Act, Title 14, Subtitle 25 of the Commercial Law Article; and
(7)    The signature of the audiologist or the hearing aid dispenser.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-314.9 - Suspension, Revocation, Reprimand or Probation -- Additional Penalties

(a)    If after a hearing under § 2–315 of this subtitle, the Board finds that there are grounds under § 2–314 of this subtitle to suspend or revoke a license or to reprimand a licensee or place a licensee on probation, the Board may impose a penalty not exceeding $5,000 in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
(b)    The Board shall adopt regulations to set standards for the imposition of penalties under this section.
(c)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-315 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–314 of this subtitle or denies a license or a limited license for any other reason, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    Any notice given under this section shall be sent by first–class mail to the last known address given to the Board by the individual.
(d)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(e)    Over the signature of an officer or the administrator of the Board, the Board may issue a subpoena or administer an oath in connection with an investigation, hearing, or proceeding by the Board.
(f)    If, after a hearing, a licensee is found in violation of this title, the licensee shall pay costs of the hearing as specified in regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-316 - Review

(a)    Except as provided in this section for an action under § 2–314 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 2–314 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    An order of the Board may not be stayed pending review.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-317 - Reinstatement of Suspended or Revoked Licenses

(a)    If the license of an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant is suspended or revoked under § 2–314 of this subtitle, and it is not reinstated by the Board within 5 years, the Board may not reinstate it.
(b)    If a license may not be reinstated under subsection (a) of this section, an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant may apply for a new license by meeting the current licensing requirements for obtaining a new license under this title and any additional requirements determined by the Board.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-318 - Rehabilitation Committees

(a)    In this section, “rehabilitation committee” means a committee that:
(1)    Is defined in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (d) of this section.
(b)    For purposes of this section, a rehabilitation committee is a committee of the Board or a committee of a professional association approved by the Board that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to audiologists, hearing aid dispensers, speech–language pathologists, and speech–language pathology assistants.
(c)    A rehabilitation committee of the Board or recognized by the Board may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(d)    For purposes of this section, a rehabilitation committee evaluates and provides assistance to any audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(f)    A person who acts in good faith and within the scope of jurisdiction of the rehabilitation committee is not civilly liable for any action as a member of the rehabilitation committee or for giving information to, participating in, or contributing to the function of the rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3 - Licensing › Section 2-319 - Speech-Language Pathologist Assistant

(a)    (1)    A licensed speech–language pathologist may delegate duties to an assistant within the scope of practice and supervision guidelines in the regulations adopted under paragraph (2) of this subsection.
(2)    The Board shall adopt regulations to establish qualifications and scope of practice for the position of a speech–language pathology assistant and the requirements for the supervision of a speech–language pathology assistant by a supervisor of a speech–language pathology assistant.
(b)    (1)    A licensed audiologist may delegate duties to an assistant within the scope of practice and supervision guidelines in the regulations adopted under paragraph (2) of this subsection.
(2)    The Board shall adopt regulations to establish qualifications and scope of practice for the position of an audiology assistant and the requirements for the supervision of an audiology assistant by a supervisor of an audiology assistant.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-01 - Licensing Requirement for Audiology Assistants -- Assistants Licensed in Another State

(a)    Except as otherwise provided in this title, on or after October 1, 2022, an individual shall be licensed by the Board before the individual may assist a licensed audiologist in the practice of audiology in this State.
(b)    The Board may allow an audiology assistant licensed in another state to assist in the practice of audiology in this State without a license if the audiology assistant has a completed application for a license pending before the Board.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-02 - License Qualification Requirements -- Waiver of Requirements by Board

(a)    To qualify for a license to assist in the practice of audiology, an applicant must be an individual who meets the requirements of this section.
(b)    The applicant must:
(1)    Be of good moral character;
(2)    Hold a high school diploma or equivalent degree;
(3)    Demonstrate oral competency;
(4)    Submit to a criminal history records check in accordance with § 2–303.1 of this title;
(5)    Submit an application to the Board on the form that the Board requires; and
(6)    Pay to the Board the application fee set by the Board.
(c)    The Board may waive any of the requirements under this section as provided for in regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-03 - License Issued to All Qualified Individuals -- Restriction on More Stringent Qualifications

(a)    The Board shall issue a license to any applicant who meets the requirements of this subtitle and any regulations adopted by the Board to carry out this subtitle.
(b)    The Board may not adopt regulations to establish qualifications of applicants that are more stringent than the qualifications established under this title for applicants for a license to practice audiology.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-04 - Licensed Individuals Qualified to Assist Audiologists

A license to assist in the practice of audiology authorizes the licensed individual to assist a licensed audiologist in the practice of audiology while the license is effective.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-06 - Licensed Assistant Under General Supervision of Audiologist -- Limit on Number of Supervised Assistants

(a)    A licensed audiology assistant shall assist the practice of audiology under the general supervision of a licensed audiologist.
(b)    A licensed audiologist may provide general supervision for not more than two licensed audiology assistants at any time.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 3B - Licensing of Audiology Assistants › Section 2-3B-07 - Applicants and Licensed Audiology Assistants Subject to Same Provisions as Applicants and Licensed Audiologists

A licensed audiology assistant or an applicant to be a licensed audiology assistant shall be subject to the provisions in §§ 2–314.1, 2–314.2, 2–314.5, 2–314.7, 2–314.8, and 2–317 of this title in the same manner as those provisions apply to applicants for a license to practice audiology and licensed audiologists.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-401 - Practicing Without License

(a)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice audiology, hearing aid dispensing, or speech–language pathology, or assist in the practice of speech–language pathology or audiology in this State unless licensed by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or assist in the practice of speech–language pathology or audiology.
(b)    A person may not use or attempt to use a license or a limited license that has been purchased, fraudulently obtained, counterfeited, or materially altered.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-402 - Misrepresentation -- Audiologists

(a)    Unless authorized to practice audiology under this title or unless otherwise provided for in this article, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person:
(1)    Is authorized to practice audiology in this State; or
(2)    Evaluates, examines, directs, instructs, or counsels individuals suffering from disorders or conditions that affect hearing and balance or assists those individuals in the perception of sound.
(b)    Unless authorized to practice audiology under this title or unless otherwise provided for in this article, a person may not use, with the intent to represent that the person practices audiology, words or terms, including:
(1)    “Audiological”;
(2)    “Audiologist”;
(3)    “Audiology”;
(4)    “Aural rehabilitation”;
(5)    “Hearing clinic”;
(6)    “Hearing clinician”;
(7)    “Hearing rehabilitation”; or
(8)    “Hearing specialist”.
(c)    While performing the duties of that employment, an individual employed by any agency of the federal government may use any of the titles listed in subsection (b) of this section.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-402.1 - Misrepresentation -- Hearing Aid Dispensers

Unless authorized under this title to practice hearing aid dispensing or unless otherwise provided for in this article, a person may not represent to the public, by use of a title, including “licensed hearing aid dispenser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice hearing aid dispensing in the State.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-402.2 - Misrepresentation -- Speech-Language Pathologists

(a)    Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person:
(1)    Is authorized to practice speech–language pathology in this State; or
(2)    Evaluates, examines, instructs, or counsels individuals suffering from disorders or conditions that affect speech, language, communication, and swallowing.
(b)    Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in speech–language pathology, including but not limited to:
(1)    “Communication disorders”;
(2)    “Communicologist”;
(3)    “Dysphagist”;
(4)    “Language pathologist”;
(5)    “Logopedist”;
(6)    “Speech and language clinician”;
(7)    “Speech and language therapist”;
(8)    “Speech clinic”;
(9)    “Speech clinician”;
(10)    “Speech correction”;
(11)    “Speech correctionist”;
(12)    “Speech pathology”;
(13)    “Speech–language pathology”;
(14)    “Speech therapist”;
(15)    “Speech therapy”; or
(16)    “Swallowing therapist”.
(c)    While performing the duties of that employment, an individual employed by any agency of the federal government may use any of the titles listed in subsection (b) of this section.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy may not represent to the public that the individual is authorized to treat a communication disorder.
(2)    This section may not be construed to prohibit an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy from representing to the public that the individual may work with a client who has a communication disorder and address communication skills.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-402.3 - Mispresentation -- Speech-Language Pathology Assistant

(a)    Unless authorized to practice as a speech–language pathology assistant under this title or unless otherwise provided for under this article, a person may not represent to the public, by title, description of services, methods, or procedures, or otherwise, that the person:
(1)    Is authorized to practice as a speech–language pathology assistant in the State; or
(2)    Assists in the practice of speech–language pathology.
(b)    Unless authorized to practice as a speech–language pathology assistant under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency  in assisting the practice of speech–language pathology, including:
(1)    “Communication assistant”;
(2)    “Speech assistant”;
(3)    “Speech–language assistant”;
(4)    “Speech–language teacher”; or
(5)    “Speech teacher”.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-402.4 - Representation to Public Only by Persons Authorized as Audiology Assistants -- Words or Terms Limited to Authorized Audiology Assistants

(a)    Unless authorized to practice as an audiology assistant under this title or unless otherwise provided for under this article, a person may not represent to the public, by title, description of services, methods, or procedures, or otherwise, that the person:
(1)    Is authorized to practice as an audiology assistant in the State; or
(2)    Assists in the practice of audiology.
(b)    Unless authorized to practice as an audiology assistant under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in assisting the practice of audiology, including:
(1)    “Audiology assistant”;
(2)    “Audiologist assistant”;
(3)    “Audiometry assistant”;
(4)    “Audiometrist assistant”;
(5)    “Audiological assistant”;
(6)    “Hearing aid technician”; or
(7)    “Cochlear implant technician”.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-403 - Making False Statements in Applications

A person may not knowingly make a false, material statement in an application for a license or a limited license or for renewal of a license or a limited license.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-406 - Unfair or Deceptive Trade Practices; Violation of Hearing Aid Sales Act

While providing hearing aid services as an audiologist, an audiology assistant, or a hearing aid dispenser, a person may not:
(1)    Engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article; or
(2)    Violate any provision of Title 14, Subtitle 25 of the Commercial Law Article.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 2-408 - Penalties

A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-02 - Practices Not Prohibited or Restricted by Subtitle

This subtitle does not prohibit or restrict the practice, services, or activities of:
(1)    An individual licensed, certified, or regulated under the laws of the State in another profession or occupation or personnel supervised by a licensed professional in the State performing work including the use of music incidental to the practice of the individual’s licensed, certified, or regulated profession or occupation, if the individual does not represent that the individual is a licensed music therapist;
(2)    Any individual whose training and national certification attest to the individual’s preparation and ability to practice the certified profession or occupation of the individual, if the individual does not represent that the individual is a licensed music therapist;
(3)    Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent that the student is a licensed music therapist; or
(4)    Any individual who engages in the practice of music therapy under the supervision of a licensed music therapist, if the individual does not represent that the individual is a licensed music therapist.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-03 - Duties of Board Regarding the Practice of Music Therapy

The Board:
(1)    Shall adopt regulations for the licensure and practice of music therapy;
(2)    Shall adopt a code of ethics for the practice of music therapy; and
(3)    May facilitate the statewide dissemination of music therapy information to music therapists, the American Music Therapy Association or any successor organization, and the Certification Board for Music Therapists or any successor organization.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-04 - Fees Set by Board -- Collected Fees to Comptroller -- Use of Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to music therapists.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to music therapists.
(b)    (1)    The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.
(2)    The Comptroller shall distribute all fees to the Board.
(c)    The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-05 - Practice of Music Therapy by Licensed Individuals

Except as otherwise provided in this subtitle, beginning January 1, 2022, an individual shall be licensed by the Board before the individual may engage in the practice of music therapy in the State.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-06 - Licensing Requirements

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall:
(1)    Be of good moral character; and
(2)    Be at least 18 years old.
(c)    The applicant shall:
(1)    (i)    Be a board certified music therapist; and
(ii)    Provide proof:
1.    A.    Of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization; or
B.    Of being transitioned into board certification; and
2.    That the applicant is currently a board certified music therapist;
(2)    Hold a bachelor’s degree or higher in music therapy, or its equivalent, including clinical training, from an educational program that is:
(i)    Approved by the American Music Therapy Association or any successor organization; and
(ii)    Within an accredited college or university;
(3)    Be in good standing based on a review of the applicant’s music therapy licensure, certification, or registration history in other jurisdictions, including a review of any disciplinary actions in the practice of music therapy; and
(4)    Meet any other requirements established by the Board.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-07 - Applying for License

To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Pay to the Board the application fee set by the Board; and
(3)    Submit to a criminal history records check in accordance with § 2–303.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-08 - Issuance of License by Board -- Items Included on License -- Criminal History Record Information of Applicant

(a)    The Board shall issue a license to any applicant who:
(1)    Meets the requirements of this subtitle; or
(2)    (i)    Meets the requirements of § 2–4A–07 of this subtitle; and
(ii)    Provides evidence satisfactory to the Board that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this subtitle.
(b)    The Board shall include on each license that the Board issues:
(1)    The full name of the licensed music therapist;
(2)    The dates of issuance and expiration; and
(3)    A license number.
(c)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this title, in determining whether to grant a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 2–303.1 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-10 - Expiration of License -- Renewals of License -- Continuing Education Requirements

(a)    (1)    A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section.
(2)    A license may not be renewed for a term longer than 2 years.
(b)    At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or e–mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section.
(d)    (1)    The Board shall establish continuing education requirements as a condition of the renewal of licenses under this section.
(2)    The continuing education requirements shall include proof of completion of at least 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization.
(e)    The Board shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-11 - Inactive Status of License -- Reinstatement of License -- Time Limitation

(a)    (1)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(i)    An application for inactive status on the form that the Board requires; and
(ii)    The inactive status fee set by the Board.
(2)    (i)    The Board shall license an individual on inactive status who applies for a license if the individual:
1.    Meets the renewal requirements of § 2–4A–10 of this subtitle; and
2.    Meets any continuing education requirements established by the Board.
(ii)    The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.
(b)    The Board shall reinstate the license of an individual who has not been put on inactive status and who has failed to renew the license for any reason if the individual:
(1)    Meets the renewal requirements of § 2–4A–10 of this subtitle;
(2)    Pays to the Board a reinstatement fee set by the Board; and
(3)    Applies to the Board for reinstatement of the license within 5 years after the license expires.
(c)    (1)    The Board may not reinstate the license of an individual who fails to apply for reinstatement of the license within 5 years after the license expires.
(2)    Notwithstanding paragraph (1) of this subsection, an individual may become licensed by meeting the requirements of § 2–4A–06 of this subtitle for obtaining a new license.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-12 - Notification of Change in Name or Address -- Penalty for Failure to Comply -- Funds Into General Fund

(a)    A licensee shall notify the Board in writing of a change in name or address within 60 days after the change occurs.
(b)    A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
(c)    The Board shall pay any penalty collected under this section to the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-13 - License Not to Lapse During Investigation or While Charges Pending

Unless the Board accepts the surrender of a license, the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-15 - Monetary Penalty in Addition to Suspension, Revocation or Reprimand -- Penalties Paid Into General Fund

(a)    If, after a hearing under § 2–4A–16 of this subtitle, the Board finds that there are grounds under § 2–4A–14 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $5,000:
(1)    Instead of suspending the license; or
(2)    In addition to suspending or revoking the license.
(b)    The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.
(c)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-16 - Opportunity for Hearing Before Board -- Notice and Applicable Procedures -- Representation by Counsel -- Subpoenas and Oaths -- Failure or Refusal to Appear

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–4A–14 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    The individual may be represented at the hearing by counsel.
(d)    (1)    Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.
(2)    The Board shall issue subpoenas on behalf of the individual if the individual:
(i)    Requests that the Board do so; and
(ii)    States under oath that the testimony or evidence sought is necessary to the individual’s defense.
(3)    If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, a court of competent jurisdiction may compel, on petition of the Board, compliance with the subpoena.
(e)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.
(f)    The hearing of charges may not be stayed or challenged by any procedural defect alleged to have occurred before the filing of charges.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-17 - Judicial Review of Final Board Decision -- Decision Not Stayed Pending Judicial Review

(a)    Except as provided in this section for an action under § 2–4A–14 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    A person aggrieved by a final decision of the Board under § 2–4A–14 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.
(c)    A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-18 - Possible Actions by Board

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:
(1)    Reinstate a license that has been revoked;
(2)    Reduce the period of a suspension; or
(3)    Withdraw a reprimand.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-20 - Action Brought in Name of State or Board -- Location of Filed Action -- Proof of Damages Not Required -- Action Additional to Criminal Prosecution

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of music therapy; or
(2)    Conduct that is a ground for disciplinary action under § 2–4A–14 of this subtitle.
(b)    An action under this section may be brought by:
(1)    The Board, in its own name;
(2)    The Attorney General, in the name of the State; or
(3)    A State’s Attorney, in the name of the State.
(c)    An action under this section shall be brought in the county where the defendant:
(1)    Resides; or
(2)    Engages in the acts sought to be enjoined.
(d)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(e)    An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of music therapy under § 2–4A–22 of this subtitle or disciplinary action under § 2–4A–14 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 2 - Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists › Subtitle 4A - Music Therapists › Section 2-4A-21 - Music Therapist Rehabilitation Subcommittee -- Proceedings, Records and Files Not Discoverable and Not Admissible -- No Civil Liability for Member of Subcommittee

(a)    In this section, “music therapist rehabilitation committee” means a committee of the Board that:
(1)    Is recognized by the Board;
(2)    Includes music therapists; and
(3)    Evaluates and provides assistance to any music therapist in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(b)    The music therapist rehabilitation committee may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(c)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the music therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the music therapist rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the music therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(d)    An individual who acts in good faith and within the scope of jurisdiction of the music therapist rehabilitation committee is not civilly liable for any action as a member of the music therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the music therapist rehabilitation committee.