reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-506 - Patient Protection During Use of Radiation

When using radiation for the purposes of dental diagnosis a patient’s body shall be protected under the supervision of a licensed dentist. The State Board of Dental Examiners shall adopt rules and regulations of patient protection to be applied during the use of radiation.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-507 - Completion of Hospital Admission History and Physical Examination; Assessment of Medical Risks of Procedures

A dentist who has successfully completed a physical evaluation program or course at an accredited hospital or teaching institution, who is qualified and identified by the Board as a specialist in oral surgery, and who admits to a hospital any patient without known medical problems, if the dentist is deemed by the hospital to be qualified to do so:
(1)    May complete a hospital admission history and a physical examination of that patient; and
(2)    Shall assess the medical risks of the proposed procedures to that patient.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-508 - Dental Hygiene Well-Being Committee

(a)    In this section, “Dental Hygiene Well–Being Committee” means the committee of the Maryland Dental Hygienists’ Association that evaluates and provides assistance to any dental hygienist, dental radiation technologist, or dental assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(b)    The Maryland Dental Hygienists’ Association shall appoint the members of the Dental Hygiene Well–Being Committee.
(c)    The Board shall fund the budget of the Dental Hygiene Well–Being Committee as provided in § 4–207 of this title.
(d)    The Legislative Auditor shall audit the accounts and transactions of the Dental Hygiene Well–Being Committee as provided in § 2–1220 of the State Government Article.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the Dental Hygiene Well–Being 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 Dental Hygiene Well–Being Committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the Dental Hygiene Well–Being 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 a Dental Hygiene Well–Being Committee is not civilly liable for any action as a member of the Dental Hygiene Well–Being Committee or for giving information to, participating in, or contributing to the function of the Well–Being Committee.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 5 - Miscellaneous Provisions › Section 4-509 - Provision of Testimony or Information on Potential Violations

Any contractual provision that could be interpreted to limit, restrict, or prevent a dentist, dental hygienist, dental assistant, or other person from testifying or providing information to the Board, the General Assembly, or a court of competent jurisdiction concerning a potential violation of this title shall be void and unenforceable as contrary to the public policy of the State.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 6 - Prohibited Acts; Penalties › Section 4-601 - Practicing Without License; Aiding or Abetting Unauthorized Practice

(a)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice dentistry or dental hygiene on a human being in this State unless licensed by the Board.
(b)    A person may not aid or abet unauthorized practice of dental hygiene in this State.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 6 - Prohibited Acts; Penalties › Section 4-602 - Misrepresentation

(a)    (1)    Except as otherwise provided in this section, unless authorized to practice dentistry under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice dentistry in this State.
(2)    Unless authorized to practice dental hygiene under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice dental hygiene in this State.
(b)    This title does not affect the right of a holder of a dental degree who does not directly or indirectly practice or attempt to practice dentistry in this State to use the degree or an abbreviation for the degree in connection with the name of the holder.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 6 - Prohibited Acts; Penalties › Section 4-603 - Practice Limitations

(a)    Except as otherwise provided by law, a licensed dentist may not practice dentistry:
(1)    Under a name other than the name of the licensee;
(2)    As a business entity; or
(3)    Under the name of a business entity.
(b)    A licensed dentist may practice, under the name of the licensee, as an employee of a health maintenance organization that is certified by the State Insurance Commissioner.
(c)    A licensed dentist may practice, under the name of the licensee, as a member of a limited liability company.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 6 - Prohibited Acts; Penalties › Section 4-604 - Reports of Felony or Crime Involving Moral Turpitude

The clerk of each district and circuit court shall:
(1)    Report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a dentist or a dental hygienist for any felony or crime involving moral turpitude; and
(2)    Submit the report within 10 working days of the conviction or entry of the plea.
2023 Maryland Statutes › Health Occupations › Title 4 - Dentistry › Subtitle 6 - Prohibited Acts; Penalties › Section 4-606 - Penalties

(a)    (1)    Except as provided in paragraph (2) of this subsection, a person who practices or attempts to practice dentistry without a license in violation of § 4–601(a) of this subtitle or represents to the public in violation of § 4–602 of this subtitle that the person is authorized to practice dentistry is guilty of a felony and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $5,000 or imprisonment not exceeding 1 year; or
(ii)    For a subsequent offense, a fine not exceeding $20,000 per day or imprisonment not exceeding 5 years.
(2)    This subsection does not apply to a person who practices or attempts to practice dentistry without a license if the person’s license has been expired for a period of not more than 6 months.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a person who practices or attempts to practice dental hygiene without a license in violation of § 4–601(a) of this subtitle, aids or abets unauthorized practice of dental hygiene in violation of § 4–601(b) of this subtitle, or represents to the public in violation of § 4–602 of this subtitle that the person is authorized to practice dental hygiene is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    This subsection does not apply to a person who practices or attempts to practice dental hygiene without a license if the person’s license has been expired for a period of not more than 6 months.
(c)    A person who violates any provision of Subtitle 4 of this title, which relates to dental laboratory work, or who advertises a dental appliance in violation of § 4–503(c) of this title is guilty of a felony and on conviction is subject to a fine not exceeding $2,000 per day or imprisonment not exceeding 2 years.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 1 - Definitions; General Provisions › Section 5-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Board of Dietetic Practice.
(c)    “Certified nutrition specialist” means an individual certified by the Certification Board for Nutrition Specialists, the accrediting body of the American College of Nutrition.
(d)    “Dietitian-nutritionist” means, unless the context requires otherwise, an individual who is licensed by the Board to practice dietetics.
(e)    “License” means, unless the context requires otherwise, a license issued by the Board to practice dietetics.
(f)    (1)    “Medical device” means a health care product used in the diagnosis, treatment, or prevention of disease.
(2)    “Medical device” does not mean:
(i)    A drug;
(ii)    A surgical or dental instrument;
(iii)    Physical therapy equipment;
(iv)    X-ray apparatus; or
(v)    A component part or accessory of any of the items listed in this paragraph.
(g)    “Medical nutrition” means the nutritional advice or counsel provided to an individual by a licensee in their professional capacity that is designed for an individual to alleviate a specific physiological complaint, condition, or symptom.
(h)    (1)    “Practice dietetics” means to apply the principles derived from integrating knowledge of food, biochemistry, physiology, management science, behavioral science, and social science to human nutrition.
(2)    “Practice dietetics” includes:
(i)    Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data, for clinical, research, and program planning purposes;
(ii)    Developing, establishing, and evaluating nutritional care plans that establish priorities, goals, and objectives for meeting nutrient needs for individuals or groups;
(iii)    Nutrition counseling and education as a part of preventive or restorative health care throughout the life cycle;
(iv)    Determining, applying, and evaluating standards for food and nutrition services; and
(v)    Applying scientific research to the role of food in the maintenance of health and the treatment of disease.
(i)    “Registered dietitian” means an individual registered with the Commission on Dietetic Registration, the accrediting body of the Academy of Nutrition and Dietetics.
(j)    “Supervision” means the management of an individual who aids in the practice of dietetics by a licensed dietitian-nutritionist who may or may not be on the premises.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Purpose of Title

The purpose of this title is to protect the lives and health of the people of this State by:
(1)    Setting standards for the practice of dietetics; and
(2)    Limiting the use of the title “licensed dietitian-nutritionist” to individuals who meet those standards.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 1 - Definitions; General Provisions › Section 5-103 - Certain Rights Not Limited by Title

(a)    This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
(b)    This title does not limit the right of an individual or group to provide services and information related to nonmedical nutrition while:
(1)    Employed by or operating a health, weight loss, or fitness program;
(2)    Employed by or operating a health food store;
(3)    Employed by or operating a business that sells health products including dietary supplements, food, or food materials, or provides nonmedical nutritional information or distributes nutritional literature; or
(4)    Conducting classes or disseminating information related to nonmedical nutrition.
(c)    This title does not limit the right of an individual to provide services related only to the purchasing, preparation, and service of food to groups of people.
(d)    This title does not limit the right of an individual to provide nonmedical nutritional information or to distribute nutritional literature.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 2 - State Board of Dietetic Practice › Section 5-203 - Officers

(a)    From among its members, the Board annually shall elect a chairman, a vice chairman, and a secretary.
(b)    The Board shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 2 - State Board of Dietetic Practice › Section 5-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the members then serving on the Board is a quorum.
(b)    The Board shall determine the times and places of its meetings.
(c)    A member of the Board:
(1)    Is entitled to compensation in accordance with the budget of the Board; and
(2)    Is entitled to reimbursement for expenses at a rate determined by the Board.
(d)    The Board may employ a staff in accordance with the budget of the Board.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 2 - State Board of Dietetic Practice › Section 5-205 - Powers and Duties

(a)    In addition to the powers set forth elsewhere in this subtitle, the Board may:
(1)    Adopt regulations to carry out the provisions of this subtitle;
(2)    Sue to enforce any provision of this subtitle by injunction; and
(3)    Issue subpoenas, summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the jurisdiction of the Board.
(b)    In addition to the duties set forth elsewhere in this subtitle, the Board shall:
(1)    Keep a list of all dietitian–nutritionists who are currently licensed;
(2)    Keep a record of its proceedings;
(3)    Submit an annual report of its transactions for the previous fiscal year to the Governor by September 30 of each year; and
(4)    Investigate an alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 2 - State Board of Dietetic Practice › Section 5-206 - State Board of Dietetic Practice Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Dietetic Practice Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses.
(2)    The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3)    Funds to cover the expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the funds to the State Board of Dietetic Practice Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    Except as otherwise provided by law, no other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-301 - Licenses

(a)    Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may practice dietetics in the State.
(b)    The following individuals may practice dietetics without a license:
(1)    A student or trainee, working under the supervision of a licensed dietitian-nutritionist while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure, for a limited period of time as determined by the Board;
(2)    An individual employed by the United States government to practice dietetics, while practicing within the scope of that employment; and
(3)    An individual who aids in the practice of dietetics, if the individual works under the supervision of a licensed dietitian-nutritionist or licensed physician.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-302 - Qualifications of Licensees

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant must be of good moral character.
(c)    The applicant must be at least 18 years old.
(d)    The applicant for licensure as a dietitian–nutritionist shall:
(1)    (i)    1.    Have satisfactorily completed academic requirements for the field of dietetics as approved by the Board; and
2.    Have received a baccalaureate degree from a college or university accredited by an educational accrediting association recognized by the Council on Higher Education and Accreditation; or
(ii)    Have received a master’s or doctoral degree from a college or university accredited by an educational accrediting association recognized by the Council on Higher Education and Accreditation in nutritional sciences (with emphasis in human nutrition), food and nutrition, dietetics, human nutrition, community nutrition, public health nutrition, or equivalent training approved by the Board;
(2)    Have satisfactorily completed a program of supervised clinical experience approved by the Board; and
(3)    (i)    Submit to the Board proof of certification by the Certification Board for Nutritional Specialists; or
(ii)    Submit to the Board proof of registration with the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.
(e)    Except as otherwise provided in this subtitle, the applicant must pass an examination approved by the Board under this subtitle.
(f)    The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-303 - Applications; Applicants Licensed in Other States

(a)    An applicant for a license shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Pay the application fee set by the Board; and
(3)    Provide proof of passing an examination approved by the Board.
(b)    In addition to any other requirements of this section, an applicant who is or has been licensed to practice dietetics in another state or country shall submit proof of good standing in that state or country or proof of eligibility for a license in good standing in that state or country.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-305 - Waiver of Examination

(a)    Subject to the provisions of this section, the Board may waive an examination requirement of this title for an individual who:
(1)    Is licensed to practice dietetics in another state or country;
(2)    Is registered to practice dietetics by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or
(3)    Is certified by the Certification Board for Nutrition Specialists.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Pays the application fee set by the Board under § 5–206 of this title; and
(2)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this subtitle; and
(ii)    1.    Became licensed in the other state or country after passing, in that state or country, an examination that the Board determines to be comparable to the examination for which the applicant is seeking the waiver;
2.    Became registered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics after meeting the examination waiver requirements of that Commission or its predecessor; or
3.    Became certified by the Certification Board for Nutrition Specialists after meeting the examination waiver requirements of that Certification Board or its predecessor.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-306 - Issuance of License

(a)    If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that specifies that:
(1)    The applicant has qualified for a license; and
(2)    On receipt of the license fee set by the Board, the Board will issue a license to the applicant.
(b)    On payment of the license fee, the Board shall issue a license to any applicant who meets the requirements of this subtitle.
(c)    The Board shall include on each license that the Board issues:
(1)    The full name of the licensee;
(2)    A serial number assigned by the Board to the licensee; and
(3)    The signature of the chairman of the Board, under seal of the Board.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-308 - Expiration of License

(a)    (1)    Unless the license is renewed for an additional term as provided in this section, a license expires on the date set by the Board.
(2)    A license may not be renewed for a term longer than 2 years.
(b)    At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, the licensee may renew it for an additional 2-year 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 the continuing education requirements for license renewal set by the Board under this section.
(d)    In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of licenses under this section.
(e)    The Board shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-309 - Inactive Status; Reinstatement

(a)    (1)    The Board shall place a licensee on inactive status if the licensee:
(i)    Submits to the Board an application for inactive status on the form required by the Board; and
(ii)    Pays to the Board the inactive status fee set by the Board.
(2)    The Board shall reactivate the license of an individual placed on inactive status if the individual:
(i)    Satisfies the continuing education requirements established by the Board; and
(ii)    Pays to the Board a reactivation fee set by the Board.
(b)    The Board, in accordance with its regulations, shall reinstate the license of an individual who failed to renew a license for any reason if the individual:
(1)    Otherwise is entitled to be licensed;
(2)    Satisfies the continuing education requirements established by the Board;
(3)    Pays to the Board a reinstatement fee set by the Board; and
(4)    Applies to the Board for reinstatement of a license within 5 years after the expiration of the license.
(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 expiration of the license.
(2)    An individual who fails to apply for reinstatement of a license within 5 years after the expiration of the license may become licensed by meeting the requirements for obtaining an initial license under this title.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-310 - Production of License Upon Request; Change of Address

(a)    Each licensee shall produce a valid license when requested to do so by an existing or potential employer or client.
(b)    Each licensee shall give the Board written notice of any change of address within 30 days of any change of address.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-310.1 - Surrender or Lapse of License Pending Investigation or Charges

(a)    Unless the Board agrees to accept the surrender of a license, a licensed dietitian-nutritionist may not surrender the 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 the licensee under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-311 - Grounds for Denial of License

Subject to the hearing provisions of § 5-312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)    Fraudulently or deceptively uses a license;
(3)    Violates any provision of this title or any regulations adopted under this title;
(4)    Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional service for which the licensee is licensed and qualified to render because the individual is HIV positive;
(5)    Commits fraud or deceit in the practice of dietetics;
(6)    Is convicted of or pleads nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(7)    Obtains or attempts to obtain a fee through fraud or misrepresentation;
(8)    Employs any person to practice dietetics whose license or certificate to practice a health occupation under this article has been suspended;
(9)    Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, or promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation;
(10)    Commits any act of unprofessional conduct, as defined by the rules and regulations of the Board, or violates the code of ethics adopted by the Board;
(11)    Provides professional services while:
(i)    Under the influence of alcohol; or
(ii)    Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(12)    Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any other state or country for an act that would be grounds for disciplinary action under this section;
(13)    Practices dietetics with an unauthorized person or supervises or aids an unauthorized person in the practice of dietetics;
(14)    Fails to file or record any report or record as required by law in the practice of dietetics, impedes or obstructs the filing or recording of the report or record, or induces another to fail to file or record the report or record;
(15)    Submits a false statement to collect a fee;
(16)    Is professionally, physically, or mentally incompetent;
(17)    Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; or
(18)    Fails to cooperate with a lawful investigation conducted by the Board.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-311.1 - Penalties

(a)    If after a hearing under § 5-312 of this subtitle the Board finds that there are grounds under § 5-311 of this subtitle to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000:
(1)    Instead of suspending the license; or
(2)    In addition to suspending or revoking the license or reprimanding the licensee.
(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 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-312 - Hearing Before Board

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any action under § 5-311 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 Title 10, Subtitle 2 of the State Government Article.
(c)    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 title and any hearings or proceedings before it.
(d)    If, without lawful excuse, a person disobeys a subpoena from the Board, an order by the Board to take any oath or to testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court.
(e)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
(f)    The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 14 days before the hearing.
(g)    The individual may be represented at the hearing by counsel.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-313 - Review

(a)    Except as otherwise provided in this section for an action under § 5–311 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 § 5–311 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 5 - Licensed Dietitian-Nutritionists › Subtitle 3 - Licensing › Section 5-314 - Dietetic Rehabilitation Committees

(a)    In this section, “dietetic 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 dietetic rehabilitation committee is a committee of the Board or a committee of an association representing licensed dietitian-nutritionists that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to dietitian-nutritionists.
(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 dietetic rehabilitation committee evaluates and provides assistance to any dietitian-nutritionist 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 dietetic 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 dietetic rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the dietetic 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 a dietetic rehabilitation committee is not civilly liable for any action as a member of the dietetic rehabilitation committee or for giving information to, participating in, or contributing to the function of the dietetic rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 4 - Prohibited Acts; Penalties › Section 5-402 - Misrepresentation of Title

(a)    Except as otherwise provided under this title, a person may not represent or imply to the public by use of the title “licensed dietitian-nutritionist”, by other title, by description of services, methods, or procedures that the person is authorized to practice dietetics in the State.
(b)    Unless authorized to practice dietetics under this title, a person may not use the words or terms “dietitian-nutritionist”, “licensed dietitian-nutritionist”, “LDN”, “dietitian”, “licensed dietitian”, “D”, “LD”, “nutritionist”, “licensed nutritionist”, or “LN”.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 4 - Prohibited Acts; Penalties › Section 5-403 - Penalties for Violations

(a)    A person who violates § 5–401 or § 5–402 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(b)    A person who violates § 5–401 or § 5–402 of this subtitle is subject to a civil fine not to exceed $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 4 - Prohibited Acts; Penalties › Section 5-404 - Cease and Desist Orders or Injunction Authorized

The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 5–401 or § 5–402 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 5 - Licensed Dietitian-Nutritionists › Subtitle 4 - Prohibited Acts; Penalties › Section 5-405 - Injunction; Procedure

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of dietetics; or
(2)    Conduct that is a ground for disciplinary action under § 5–311 of this title.
(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 act 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 dietetics under § 5–401 of this subtitle or disciplinary action under § 5–311 of this title.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 1 - Definitions; General Provisions › Section 6-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the State Board of Massage Therapy Examiners.
(c)    “Health care setting” means:
(1)    The office of a health care provider regulated under this article; or
(2)    A health care facility as defined in § 19–114 of the Health – General Article.
(d)    “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy.
(e)    “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy.
(f)    (1)    “Massage therapy” means the use of manual techniques on soft tissues of the human body including stroking, kneading, tapping, stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being.
(2)    “Massage therapy” includes hands–on application, consisting of pressure or movement on an individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection.
(3)    “Massage therapy” does not include:
(i)    The diagnosis or treatment of illness, disease, or injury;
(ii)    The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine; or
(iii)    Except as provided in paragraph (2) of this subsection, the laying on of hands, consisting of pressure or movement on an individual who is fully clothed, except for footwear, to specifically affect the electromagnetic energy or energetic field of the human body.
(4)    The provisions of paragraph (3) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury.
(g)    “Practice massage therapy” means to engage professionally and for compensation in massage therapy.
(h)    “Registered massage practitioner” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.
(i)    “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice massage therapy in a setting that is not a health care setting.
(j)    “Supervised hands–on techniques” means massage techniques that are performed under the direct, in–person supervision of a qualified licensed instructor who is on–site in:
(1)    A classroom;
(2)    A laboratory;
(3)    A school clinic; or
(4)    A health care setting.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 2 - State Board of Massage Therapy Examiners › Section 6-203 - Officers

(a)    From among its members, the Board annually shall elect a chair, vice chair, and secretary–treasurer.
(b)    The Board shall determine:
(1)    The manner of election of the officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 2 - State Board of Massage Therapy Examiners › Section 6-204 - Staff; Executive Director

(a)    The Board and the State Board of Chiropractic Examiners may employ a staff in accordance with the budgets of the boards.
(b)    The Board and the State Board of Chiropractic Examiners jointly shall appoint an executive director, who serves at the pleasure of both boards.
(c)    The executive director:
(1)    Is the executive officer of both boards; and
(2)    Has the powers and duties assigned by the boards.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 2 - State Board of Massage Therapy Examiners › Section 6-205 - Quorum; Meetings; Compensation; Reimbursement for Expenses

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall determine the times and places of meetings of the Board.
(c)    In accordance with the budget of the Board, each member of the Board is entitled to:
(1)    Compensation for each day on which the member is engaged in the duties of the member’s office; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided for in the State budget.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 2 - State Board of Massage Therapy Examiners › Section 6-206 - Additional Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may:
(1)    Adopt regulations to carry out the provisions of this title;
(2)    Summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the duties of the Board; and
(3)    In accordance with the State budget, authorize payment of fees and travel expenses of witnesses who testify in any proceeding before the Board.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Keep a list of the name and address of each licensed massage therapist and registered massage practitioner;
(2)    (i)    Maintain an electronic roster of all individuals licensed or registered by the Board;
(ii)    Make the roster available for the purpose of electronically verifying licensure or registration on the Board’s website; and
(iii)    Provide an alternative means to verify a license or registration for individuals without Internet access;
(3)    File reports of the activities of the Board as required by the Secretary;
(4)    Assist in prosecutions under this title;
(5)    Investigate an alleged violation of this title; and
(6)    Establish an advisory committee, to be chaired by the vice chair of the Board, to study the scope of practice of massage therapy and make recommendations to the Board on changes to this title or regulations adopted by the Board under this subtitle that are necessary to reflect currently practiced modalities.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 2 - State Board of Massage Therapy Examiners › Section 6-207 - State Board of Massage Therapy Examiners Fund

(a)    There is a State Board of Massage Therapy Examiners Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and registrations and other services of the Board.
(2)    The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller.
(2)    The Comptroller shall distribute the fees to the State Board of Massage Therapy Examiners Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided in this title.
(2)    The Fund is a continuing, nonlapsing fund not subject to § 7–302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.
(4)    No other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Money in the Fund may be expended only for any lawful purpose authorized under this title.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 6 - Massage Therapy › Subtitle 3 - Licenses and Registrations › Section 6-301 - License and Registration Required; Exceptions

(a)    Except as otherwise provided in this title, before an individual may practice massage therapy in the State, the individual shall be:
(1)    On or before October 31, 2026:
(i)    Licensed by the Board; or
(ii)    Registered by the Board to practice massage therapy in a setting that is not a health care setting; or
(2)    On or after November 1, 2026, licensed by the Board.
(b)    This section does not apply to:
(1)    A student enrolled in an approved education program as determined by the Board while practicing massage therapy in the State;
(2)    An individual permitted to practice massage therapy under regulations adopted by the Board, if the individual otherwise has qualified to practice massage therapy in any other state or country that has substantially similar requirements for authorization to practice massage therapy and the individual is in the State for no more than 7 days;
(3)    A family member practicing massage therapy on another family member;
(4)    An athletic trainer while functioning in the course of the athletic trainer’s professional capacity;
(5)    An individual employed by the federal government to practice massage therapy while practicing within the scope of the individual’s employment; or
(6)    An individual working in a beauty salon:
(i)    For which the person who operates the beauty salon has obtained a permit from the State Board of Cosmetology as required under § 5–501 of the Business Occupations and Professions Article; and
(ii)    In which the individual is providing cosmetology and esthetic services, including the application and removal of skin or skin care products.