Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 38 - BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 10.38.05 - Rules of Procedure for Board Hearings › Section 10.38.05.02 - 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 which the Board
				  has delegated to the Office of Administrative Hearings pursuant to State
				  Government Article, §
											10-205, Annotated
				  Code of Maryland.
(2)
				  "Administrative Procedure Act" means State Government Article, Title 10,
				  Subtitle 2, Annotated Code of Maryland, which governs contested cases arising
				  from charges issued by the Board.
(3) "Board" means the State Board of Physical
				  Therapy Examiners.
(4) "Case
				  resolution conference" means a voluntary, informal, and confidential meeting
				  between the parties to a contested case and the Board's case resolution
				  conference committee to discuss possible settlement of a disciplinary matter
				  pending before the Board.
(5) "Case
				  resolution conference committee" means a committee comprised of one or more
				  members of the Board who make recommendations to the Board regarding settlement
				  of disciplinary matters.
(6) "Cease
				  and desist order" means a public letter issued by the Board ordering:
(a) A licensee to cease doing a specified
				  activity; or
(b) An unlicensed
				  person to cease the unauthorized practice of physical therapy.
(7) "Charges" means a nonpublic
				  record issued by the Board which:
(a) Alleges
				  conduct by a licensee which the Board believes constitutes a violation under
				  the Maryland Physical Therapy Act;
(b) Sets forth sections of the Maryland
				  Physical Therapy Act that the Board believes were violated; and
(c) Provides notice to the licensee of
				  disciplinary proceedings before the Board.
(8) "Complaint" means an allegation:
(a) That a licensee may have violated the
				  Maryland Physical Therapy Act; and
(b) Which may be grounds for an investigation
				  or disciplinary action by the Board.
(9) "Consent order" means a final order
				  issued by the Board that has been negotiated and agreed to by both the licensee
				  and the Board to resolve a formal disciplinary action.
(10) "Contested case" means a proceeding
				  conducted pursuant to the Administrative Procedure Act.
(11) "Final order" means a public record
				  issued by the Board resolving a formal disciplinary action, either by consent
				  or after an adjudication, 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;
(f) Resolves the contested case by consent of
				  the parties; or
(g) Takes any other
				  action that the Board is authorized to do by law.
(12) "Formal disciplinary action" means
				  action taken by the Board that:
(a) Is
				  initiated by charges or a notice of initial denial;
(b) Is resolved by a consent order;
(c) Results in a summary suspension;
				  or
(d) Results in a letter of
				  surrender.
(13) "Hearing
				  committee" means a committee of three or more members of the Board which
				  conducts hearings.
(14) "Informal
				  action" means that the Board closes a case, without any formal disciplinary
				  action or without issuing a final order, by sending the licensee a:
(a) Letter of education; or
(b) Letter of admonishment.
(15) Letter of Admonishment.
(a) "Letter of admonishment" means an
				  informal action taken by the Board consisting of a nonpublic letter closing the
				  case when the Board believes a licensee has engaged in conduct which violated
				  the Maryland Physical Therapy Act.
(b) "Letter of admonishment" may include a
				  letter of agreement in which a licensee agrees to satisfy certain conditions in
				  lieu of the Board issuing charges.
(16) Letter of Education.
(a) "Letter of education" means an informal
				  action taken by the Board consisting of a nonpublic letter in which the Board:
(i) Closes the case when the Board does not
				  believe that the licensee's conduct rose to the level of a violation of the
				  Maryland Physical Therapy Act; and
(ii) Educates the licensee regarding the laws
				  and standards of the practice of physical therapy.
(b) "Letter of education" may include a
				  letter of agreement in which a licensee agrees to satisfy certain
				  conditions.
(17) "Letter
				  of surrender" means a public record accepted by the Board in which the licensee
				  agrees to surrender the licensee's license, which may include conditions for
				  the Board's acceptance of the surrender as a resolution of the case.
(18) "Licensee" means the holder of a license
				  issued by the Board of Physical Therapy Examiners.
(19) "Maryland Physical Therapy Act" means
				  Health Occupations Article, Title 13, Annotated Code of Maryland.
(20) "Notice of initial denial" means a
				  nonpublic record issued by the Board by which an applicant or licensee is
				  notified that the Board intends to deny a license, change a licensure status,
				  or change some other benefit sought by the licensee.
(21) "Party" means:
(a) The respondent or any person named or
				  admitted as a party, or properly seeking and entitled as a right to be a party
				  in a formal disciplinary proceeding; or
(b) The administrative prosecutor from the
				  Office of the Attorney General presenting a case on behalf of the
				  Board.
(22)
				  "Post-deprivation hearing" means a show cause or an evidentiary hearing
				  scheduled by the Board after the Board has issued an order for summary
				  suspension pursuant to 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 of summary suspension.
(23) "Predeprivation hearing" means a show
				  cause hearing at which the licensee has an opportunity to demonstrate to the
				  Board why it should not:
(a) Issue an order
				  for summary suspension pursuant to State Government Article §
												10-226(c)(2),
				  Annotated Code of Maryland; or
(b)
				  Take some other action which the Board is authorized to take.
(24) "Presiding officer" means the
				  chair of the Board or, in the chair's absence, a Board member designated by the
				  chair, who:
(a) Conducts hearings before the
				  Board; and
(b) Issues prehearing
				  orders.
(25) "Probation"
				  means a sanction imposed by the Board in a public final order where the
				  licensee is:
(a) Monitored by the Board for a
				  period of time; and
(b) Required to
				  comply with certain conditions in order to avoid further disciplinary
				  action.
(26) "Public
				  record" means a document that the Board is permitted or required to disclose to
				  the public pursuant to State Government Article, Title 10, Subtitle 6,
				  Annotated Code of Maryland.
(27)
				  "Recommended decision" means a nonpublic record issued by a hearing committee
				  or by an administrative law judge which sets out proposed findings of fact,
				  proposed conclusions of law, and a proposed sanction, or any combination of
				  these items.
(28) "Recusal" means
				  the disqualification of a member of the Board to participate in a proceeding
				  because of interest, bias, or some other reason which may interfere with the
				  Board member's participation in the case.
(29) "Respondent" means a licensee subject to
				  the jurisdiction of the Board, who has been:
(a) Given formal notice of allegations
				  concerning violations of the Maryland Physical Therapy Act; and
(b) Notified as to the possible imposition of
				  sanctions or a summary suspension.
(30) "Revocation" means the removal of a
				  licensee's license.
(31) "Sanction"
				  means an action by the Board which:
(a)
				  Reprimands;
(b) Places on
				  probation;
(c) Fines;
(d) Suspends or revokes a license;
				  or
(e) Disciplines by way of a
				  consent order.
(32)
				  "Show cause hearing" means a nonevidentiary hearing in which the licensee has
				  the opportunity to demonstrate to the Board why the Board should not issue a
				  proposed order or continue to take an action that the Board is legally
				  authorized to take.
(33) "Summary
				  suspension" means the indefinite suspension of a license pursuant to State
				  Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, issued if the Board believes emergency action is
				  necessary to protect the public health, safety, or welfare.
(34) "Suspension" means the temporary denial
				  of the right to use a license and is usually defined by:
(a) A specified period of time;
(b) Specific dates; or
(c) Specific conditions.