Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.04 - Rules of Procedure for Board Hearings › Section 10.41.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means the
				  hearing officer assigned to preside over a hearing in a case the Board has
				  delegated to the Office of Administrative Hearings.
(2) "Administrative Procedure Act" means
				  State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland,
				  which governs contested cases arising from charges brought by the
				  Board.
(3) "Administrative
				  prosecutor" means the attorney assigned by the Office of the Attorney General
				  to prosecute disciplinary charges for the Board.
(4) "Board" means the State Board of
				  Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language
				  Pathologists.
(5) "Case resolution
				  conference" means an informal, confidential meeting between the parties to a
				  contested case and the Board's case resolution conference committee to discuss
				  possible settlement of a disciplinary matter pending before the
				  Board.
(6) "Case resolution
				  conference committee" means a committee composed of one or more members of the
				  Board that makes recommendations to the Board regarding settlement of
				  disciplinary matters.
(7) "Cease
				  and desist letter" means an informal action consisting of a nonpublic letter
				  issued by the Board ordering:
(a) A licensee
				  to cease a specified activity; or
(b) An unlicensed individual to cease the
				  unauthorized practice of audiology, hearing aid dispensing, or speech-language
				  pathology.
(8) "Charging
				  document" means a nonpublic document issued by the Board which:
(a) Alleges conduct by a licensee which the
				  Board believes constitutes a violation under the Maryland Audiologists, Hearing
				  Aid Dispensers, and Speech-Language Pathologists Act;
(b) Sets forth provisions of the Maryland
				  Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists Act that
				  the Board believes were violated; and
(c) Provides notice to the licensee of
				  disciplinary proceedings before the Board.
(9) "Complaint" means a written allegation or
				  other information received by the Board that a licensee may have violated the
				  Maryland Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists
				  Act and which may be grounds for an investigation or disciplinary action by the
				  Board.
(10) "Consent order" means a
				  public record issued by the Board that is a final order of the Board that has
				  been negotiated and agreed to by both the licensee and the Board to resolve a
				  disciplinary matter.
(11)
				  "Contested case" means a proceeding conducted under the Administrative
				  Procedure Act.
(12) "Disposition
				  agreement" means a formal nonpublic agreement, entered into with an impaired
				  licensee instead of formal disciplinary action, in which the licensee agrees to
				  comply with certain conditions.
(13) "Final order" means a public record
				  issued by the Board resolving a contested case either by consent or after an
				  adjudication, which includes findings of fact, conclusions of law, and a
				  disposition which:
(a) Denies a
				  license;
(b) Sanctions by
				  reprimand, probation, fine, or suspension or revocation of a license;
(c) Summarily suspends a license;
(d) Dismisses charges;
(e) Surrenders a license; or
(f) Takes any other action that the Board may
				  do by law.
(14)
				  "Imperatively requires emergency action" means a finding by the Board that an
				  emergency action be taken against a licensee under State Government Article,
				  §
											10-226(c)(2),
				  Annotated Code of Maryland, based on investigative facts that raise a
				  substantial likelihood of risk of harm to the public health, safety, or welfare
				  before a full evidentiary hearing can be held.
(15) "Informal action" means that the Board
				  closes a case without taking formal disciplinary action or without issuing a
				  final order, by imposing a disciplinary sanction consisting of a:
(a) Letter of education;
(b) Letter of admonishment;
(c) Cease and desist letter; or
(d) Consent agreement.
(16) "Investigation" means the gathering of
				  information to assist the Board in determining if there is reasonable cause to
				  charge a licensee with a violation of the Maryland Audiologists, Hearing Aid
				  Dispensers, and Speech-Language Pathologists Act.
(17) Letter of Admonishment.
(a) "Letter of admonishment" means informal
				  action consisting of a nonpublic letter issued by the Board closing a case, if
				  the Board believes a licensee has engaged in conduct that violates the Maryland
				  Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists Act,
				  admonishing the licensee not to repeat the conduct.
(b) "Letter of admonishment" may include an
				  agreement that licensee perform certain conditions instead of the Board taking
				  formal disciplinary action.
(18) "Letter of education" means informal
				  action consisting of a nonpublic letter to a licensee:
(a) Issued by the Board if the Board does not
				  believe that conduct rose to the level of a violation of the Maryland
				  Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists Act;
				  and
(b) In which the Board educates
				  the licensee concerning the laws and standards of the practice of audiology,
				  hearing aid dispensing, or speech-language pathology.
(19) Letter of Surrender.
(a) "Letter of surrender" means a public
				  letter accepted by the Board in which the licensee agrees to surrender the
				  license to practice audiology, hearing aid dispensing, or speech-language
				  pathology.
(b) "Letter of
				  surrender" may include conditions for the Board's acceptance of the surrender
				  as a resolution of the case.
(20) "Licensure" means permission to engage
				  in the practice of audiology, hearing aid dispensing, or speech-language
				  pathology which is evidenced by a license issued by the Board.
(21) "Maryland Audiologists, Hearing Aid
				  Dispensers, and Speech Language Pathologists Act" means Health Occupations
				  Article, Title 2, Annotated Code of Maryland.
(22) "Notice of initial denial" means a
				  nonpublic document issued by the Board by which an applicant or licensee is
				  notified that the Board intends to deny a license, a change in licensure
				  status, or some other benefit sought by the licensee.
(23) "Postdeprivation hearing" means a show
				  cause hearing scheduled by the Board after the Board has issued an order for
				  summary suspension under State Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, in which the licensee may challenge the Board's
				  basis for issuing the order for summary suspension.
(24) "Predeprivation hearing" means a
				  nonevidentiary, show cause hearing held before the Board at which the licensee
				  has an opportunity to demonstrate to the Board why the Board should not:
(a) Issue an order for summary suspension
				  under State Government Article, §
												10-226(c)(2),
				  Annotated Code of Maryland; or
(b)
				  Take some other action that the Board may take by law.
(25) "Preliminary investigation" means the
				  gathering of information to be used by the Board to determine if the Board
				  should dismiss a complaint or conduct further investigation to determine if
				  there is reasonable cause to charge a licensee with a violation of the Maryland
				  Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists
				  Act.
(26) "Probation" means a
				  sanction imposed by the Board in a public final order in which the licensee is:
(a) Monitored by the Board for a period of
				  time; and
(b) Required to comply
				  with certain conditions to avoid further disciplinary action.
(27) "Prohibited act" means
				  conduct specified in the Maryland Audiologists, Hearing Aid Dispensers, and
				  Speech-Language Pathologists Act which may result in sanctions or
				  penalties.
(28) "Public record"
				  means a document that the Board is permitted or required to disclose to the
				  public under State Government Article, Title 10, Subtitle 6, Annotated Code of
				  Maryland.
(29) "Recommended
				  decision" means a nonpublic document issued to the Board by an administrative
				  law judge that sets out proposed findings of fact, proposed conclusions of law,
				  proposed sanction, or any combination of them.
(30) "Recusal" means the disqualification of
				  a member of the Board to participate in a proceeding because of interest, bias,
				  or some other reason that may interfere with the Board member's participation
				  in a case.
(31) "Respondent" means
				  a licensee, subject to the jurisdiction of the Board, that has been:
(a) Given notice to answer allegations
				  concerning violations of the Maryland Audiologists, Hearing Aid Dispensers, and
				  Speech-Language Pathologists Act;
(b) Notified as to a potential emergency
				  suspension under State Government Article, §
												10-226(c),
				  Annotated Code of Maryland; or
(c)
				  Notified as to a potential violation of Health Occupations Article, §
												2-401, Annotated
				  Code of Maryland.
(32)
				  "Revocation" means the removal of an audiologist's, hearing aid dispenser's, or
				  speech-language pathologist's license to practice audiology, hearing aid
				  dispensing, or speech-language pathology.
(33) "Sanction" means an action by the Board,
				  including a:
(a) Reprimand;
(b) Placement on probation;
(c) Fine; or
(d) Suspension or revocation of a
				  license.
(34) "Show
				  cause hearing" means a nonevidentiary hearing before the Board in which the
				  licensee has the opportunity to demonstrate to the Board why the Board should
				  not issue a proposed order or take an action that the Board may take.
(35) "Stay" means the withholding of an
				  action ordered by the Board which may be subject to certain
				  conditions.
(36) "Summary
				  suspension" means the indefinite suspension of a license under State Government
				  Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, taken if the Board believes the action is necessary
				  to protect the public health, safety, or welfare.
(37) "Surrender" means the voluntary
				  relinquishing of a license to practice audiology, hearing aid dispensing, or
				  speech-language pathology that may be subject to certain conditions set by the
				  Board.
(38) "Suspension" means a
				  temporary denial of the right to use a license and is usually defined by:
(a) A specific period of time;
(b) Specific dates; or
(c) Specific conditions.
(39) "Violation" means an act or omission
				  prohibited under Health Occupations Article, §
											2-314, Annotated
				  Code of Maryland.