Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.02 - 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 (ALJ)" means a
				  hearing officer delegated the duty of conducting evidentiary hearings for the
				  Board or disciplinary panel.
(2)
				  "Administrative Procedure Act" means State Government Article, Title 10,
				  Subtitle 2, Annotated Code of Maryland.
(3) "Administrative prosecutor" means the
				  attorney assigned from the Office of the Attorney General to prosecute
				  administrative charges.
(4)
				  Administrative Reinstatement.
(a)
				  "Administrative reinstatement" means the reactivation of an inactive or expired
				  license.
(b) "Administrative
				  reinstatement" does not include postdisciplinary reinstatement.
(5) "Advisory letter" means a
				  nonpublic letter issued by a disciplinary panel which informs, educates, or
				  admonishes an individual licensed by the Board in regard to the practice of
				  medicine or an allied health profession.
(6) "Allied health professional" means an
				  individual who is licensed by the Board under:
(a) Health Occupations Article, §§
				  14-5 A-14-5F, Annotated Code of Maryland; or
(b) Health Occupations Article, Title 15,
				  Annotated Code of Maryland
(7) "Applicant means an individual who has
				  submitted an application to:
(a) The Board for
				  initial licensure or for administrative reinstatement; or
(b) Disciplinary panel for postdisciplinary
				  reinstatement.
(8)
				  "Board" means the Maryland State Board of Physicians.
(9) "Board counsel" means the attorney
				  assigned from the Office of the Attorney General for the purpose of advice on
				  legal matters before the Board or a disciplinary panel.
(10) "Cease and desist order" means an order
				  of the Board issued under Health Occupations Article, §
											14-206(e),
				  Annotated Code of Maryland, prohibiting an individual from practicing medicine
				  without a license or from taking an action for which there are grounds for
				  discipline under Health Occupations Article, §
											14-404, and which
				  poses a serious risk to the health, safety, and welfare of a patient
(11) "Charging document" means written
				  notification that sets forth the grounds upon which the Board or a disciplinary
				  panel is taking administrative action against the respondent or
				  applicant.
(12) Complaint.
(a) "Complaint" means an allegation or report
				  that:
(i) A Board licensee has committed a
				  prohibited act for which a disciplinary panel can take disciplinary action or
				  impose a fine;
(ii) An individual
				  is practicing medicine without a license; or
(iii) A licensed physician has acted
				  necessitating a Board action under Health Occupations Article, §
													14-206(e)(2),
				  Annotated Code of Maryland.
(b) "Complaint" includes, but is not limited
				  to, the following:
(i) Issuance of a
				  certificate of merit in a malpractice claim;
(ii) A report from a hospital or related
				  institution, or an alternative health system, pursuant to Health Occupations
				  Article, §
													14-413 or
				  14-414, Annotated
				  Code of Maryland;
(iii) A law
				  enforcement report;
(iv) A report
				  from another country, state, or jurisdiction or the armed services of the
				  United States;
(v) A malpractice
				  insurance report;
(vi) A report
				  from another federal or state agency or court in any country, state, or
				  jurisdiction;
(vii) Consumer
				  complaints;
(viii) Media
				  publications;
(ix) Statements on
				  applications for licensure, renewal, or reinstatement; and
(x) Other information, from whatever source,
				  which warrants investigation.
(13) "Contested case" has the meaning stated
				  in State Government Article, §
											10-202(d),
				  Annotated Code of Maryland.
(14)
				  "Disciplinary panel" means a panel established under Health Occupations
				  Article, §
											14-401, Annotated
				  Code of Maryland, which:
(a) Is composed of 11
				  Board members; and
(b) Addresses:
(i) Complaints and disciplinary actions
				  against licensed physicians and allied health professionals; and
(ii) Postdisciplinary licensure
				  reinstatements.
(15) "Disposition agreement" means a formal
				  nonpublic agreement by which the health care provider agrees to comply with
				  certain conditions and the disciplinary panel stays further investigation or
				  forgoes further action on a matter based on compliance with those
				  conditions.
(16) "Final order"
				  means:
(a) The final written decision of the
				  Board or disciplinary panel which results from a contested case proceeding or
				  other formal proceeding and which contains findings of fact, conclusions of
				  law, and a disposition which:
(i) Denies a
				  license;
(ii) Sanctions by
				  reprimand, probation, fine, consent order, suspension, or revocation;
(iii) Dismisses charges;
(iv) Accepts a surrender of a license;
				  or
(v) Denies administrative
				  reinstatement of a license;
(b) An order that denies postdisciplinary
				  reinstatement of a license; or
(c)
				  An order to cease and desist from the practice of medicine.
(17) "Fine" means a monetary
				  penalty.
(18) "Imperatively
				  requires" means that an action shall be undertaken pursuant to State Government
				  Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, as a result of factual contentions which raise a
				  substantial likelihood of risk of serious harm to the public health, safety, or
				  welfare before an evidentiary hearing governed by the Administrative Procedure
				  Act is likely to be completed and result in a final order.
(19) Investigation.
(a) "Investigation" means the gathering of
				  the information necessary for the Board or a disciplinary panel to determine
				  one or more of the following:
(i) Whether
				  there is reasonable cause to charge the respondent with a violation of the
				  Medical Practice Act or another statute which gives a disciplinary panel
				  disciplinary authority;
(ii)
				  Whether an applicant is eligible for licensure or administrative
				  reinstatement;
(iii) The facts
				  necessary for the Board to issue a declaratory ruling; or
(iv) Whether an individual has complied with
				  any disciplinary panel order.
(b) "Investigation" includes:
(i) A preliminary investigation;
				  and
(ii) A full
				  investigation.
(20) "Involved medical specialty" means the
				  area of medical specialty whose practitioners, in the disciplinary panel's
				  opinion:
(a) Review complaints;
(b) Recommend for full investigation or
				  closure; and
(c) Make
				  recommendations as to action on cases under investigation.
(21) "Licensure" means permission to engage
				  in a health care profession regulated by the Board.
(22) "Medical Practice Act" means Health
				  Occupations Article, §§
											14-101 -14-702,
				  Annotated Code of Maryland.
(23)
				  "Peer review" means an evaluation by a physician or physicians with special
				  qualifications to judge the matter at hand, based on professional involvement
				  within the involved medical specialty or specialties, of an act or acts of
				  medical or surgical care, or other acts connected with medical practice, by an
				  applicant or licensee.
(24) "Post
				  deprivation hearing" means a disciplinary panel hearing scheduled after the
				  disciplinary panel has issued an order for summary suspension pursuant to State
				  Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, and at which the respondent has the opportunity to
				  explain why the disciplinary panel should rescind the order of summary
				  suspension.
(25) "Postdisciplinary
				  reinstatement" means:
(a) The reactivation of
				  a revoked or suspended license; or
(b) The reactivation of a license surrendered
				  while the licensee was under investigation or subject to disciplinary
				  charges.
(26)
				  "Predeprivation hearing" means a disciplinary panel hearing at which the
				  respondent has the opportunity to explain why the disciplinary panel should not
				  issue an order for summary suspension pursuant to State Government Article,
				  §
											10-226(c)(2),
				  Annotated Code of Maryland.
(27)
				  "Preliminary investigation" means the initial review of a complaint or
				  application irregularity which is the basis for the decision on whether to
				  assign the case to a disciplinary panel for a full investigation or whether to
				  close the investigation due to lack of jurisdiction or because, even if there
				  were a full investigation, there still would not be a legal or factual basis
				  for the issuance of a charging document
(28) "Prohibited act" means any conduct for
				  which the Board or a disciplinary panel can issue a sanction.
(29) "Proposed decision" means the proposed
				  findings of fact and, where required by the delegation order from the Board or
				  a disciplinary panel, the proposed conclusions of law and proposed disposition
				  issued by the administrative law judge.
(30) "Recusal" means disqualification by a
				  Board or disciplinary panel member from participating in a proceeding because
				  of a legal interest or prejudice in the case before the Board or disciplinary
				  panel.
(31) "Respondent" means an
				  individual who has been:
(a) Given notice to
				  answer allegations concerning violations of a statute over which the Board or a
				  disciplinary panel has jurisdiction;
(b) Notified as to a potential summary
				  suspension pursuant to State Government Article, §
												10-226(c),
				  Annotated Code of Maryland; or
(c)
				  Given notice to answer allegations concerning violations of a Board or
				  disciplinary panel order.
(32) "Revocation" means the removal of a
				  health care provider's license to practice a health occupation.
(33) "Sanction" means an action by the Board
				  or a disciplinary panel which:
(a)
				  Reprimands;
(b) Places on
				  probation;
(c) Fines;
(d) Suspends or revokes a license;
(e) Disciplines by a consent order;
				  or
(f) Accepts a letter of
				  surrender in lieu of charges or further investigation or prosecution.
(34) "Sanctioning guidelines"
				  means guidelines set out in Regulation .10 of this chapter, indicating the
				  minimum and maximum penalty associated with each ground for discipline and
				  mitigating or aggravating circumstances which could result in imposition of a
				  penalty below the minimum or above the maximum.
(35) "Show cause" means a demand by letter or
				  order issued by a disciplinary panel, which directs the respondent to:
(a) Respond either in writing or by an
				  appearance before the Board or a disciplinary panel; and
(b) Present reasons and argument why a
				  particular order should not be entered.
(36) "Special qualifications to judge the
				  matter at hand" means those credentials which qualify a peer reviewer as a
				  member of the involved medical specialty in a particular case.
(37) "Stay" means the withholding of
				  disciplinary panel action against a health care provider.
(38) "Stet" means the act of staying further
				  action in a proceeding, subject to the proceeding being reopened at a later
				  date.
(39) "Summary suspension"
				  means a denial for an indefinite period of the right to use a
				  license.
(40) "Surrender" means the
				  voluntary relinquishing of a Board license to a disciplinary panel.
(41) "Suspension" means a denial of the right
				  to use a license.