Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.07 - Rules of Procedure for the Disciplinary Process › Section 10.44.07.02 - 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) "Advisory letter" means an informal
				  action consisting of a nonpublic letter issued by the Board where the Board has
				  a basis to charge the licensee with disciplinary violations but closes the case
				  by advising the licensee of the basis to charge and admonishes the licensee not
				  to repeat the conduct.
(5) "Board"
				  means the State Board of Dental Examiners.
(6) "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.
(7) "Case resolution conference committee"
				  means a committee composed of members of the Board that makes recommendations
				  to the Board regarding settlement of disciplinary matters.
(8) "Cease and desist letter" means an
				  informal action consisting of a nonpublic letter issued by the Board ordering:
(a) A licensee to cease doing a specified
				  activity; or
(b) An unlicensed
				  individual to cease the unauthorized practice of dentistry or dental
				  hygiene.
(9) "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 Dentistry
				  Act;
(b) Sets forth provisions of
				  the Maryland Dentistry Act that the Board believes were violated; and
(c) Provides notice to the licensee of
				  disciplinary proceedings before the Board.
(10) "Complaint" means information received
				  by the Board which sets out conduct by a licensee which may:
(a) Violate the Maryland Dentistry Act;
				  and
(b) Be grounds for an
				  investigation or disciplinary action by the Board.
(11) "Consent agreement" means informal
				  action taken by the Board consisting of a nonpublic document which has been
				  negotiated and agreed to by both the licensee and the Board to resolve an
				  administrative, nondisciplinary matter.
(12) "Consent order" means a public document
				  issued by the Board which 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.
(13)
				  "Contested case" means a proceeding conducted pursuant to the Administrative
				  Procedure Act.
(14) "Disciplinary
				  review committee" means a committee composed of members of the Board that makes
				  recommendations to the Board regarding any disciplinary matter.
(15) "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.
(16) "Final order"
				  means a public document 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, civil
				  penalty, or suspension or revocation of a license;
(c) Summarily suspends a license;
(d) Dismisses charges;
(e) Provides for surrender of a license;
				  or
(f) Takes any other action that
				  the Board may take.
(17)
				  "Imperatively requires emergency action" means a finding by the Board that
				  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.
(18) "Informal action" means that the Board
				  closes a case without taking any formal disciplinary action and without issuing
				  a final order.
(19) "Investigation"
				  means the gathering of information after the Board receives a complaint against
				  a licensee, which is necessary for the Board to determine if there is
				  reasonable cause to charge a licensee with a violation of the Maryland
				  Dentistry Act.
(20) "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 the licensee's conduct rose to the level of a
				  violation of the Maryland Dental Act; and
(b) In which the Board educates the licensee
				  concerning the laws and standards of the practice of dentistry or dental
				  hygiene.
(21) Letter of
				  Surrender.
(a) "Letter of surrender" means a
				  public letter accepted by the Board in which the licensee agrees to surrender
				  the licensee's license to practice dentistry or dental hygiene.
(b) "Letter of Surrender" may include
				  conditions for the Board's acceptance of the surrender.
(22) "Licensure" means the permission granted
				  to an individual by the Board pursuant to the Board's authority under the
				  Maryland Dentistry Act to practice dentistry or dental hygiene in this State
				  which is evidenced by a license issued by the Board.
(23) "Maryland Dentistry Act" means Health
				  Occupations Article, Title 4, Annotated Code of Maryland.
(24) "Notice of initial denial" means a
				  nonpublic document issued by the Board by which an applicant or licensee is
				  notified:
(a) That the Board intends to deny:
(i) A license;
(ii) A change in licensure status;
				  or
(iii) Another benefit sought by
				  the licensee;
(b) Of the
				  statutory grounds or other reasons for the denial; and
(c) Of any proceedings scheduled before the
				  Board.
(25) "Peer
				  review" means an evaluation by appropriate members of a professional
				  association or one of its components of a:
(a)
				  Licensee's clinical care; or
(b)
				  Dispute between a dentist and a consumer of dental services.
(26) "Postdeprivation evidentiary
				  hearing" means a contested case hearing held before 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.
(27) "Postdeprivation show cause hearing"
				  means a nonevidentiary hearing held before the Board at which the licensee has
				  an opportunity to demonstrate to the Board why the order for summary suspension
				  issued under State Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, should not remain in effect.
(28) "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 it should not:
(a) Issue an order for summary suspension
				  under State Government Article, §
												10-226(c)(2),
				  Annotated Code of Maryland; or
(b)
				  Take another action that the Board may take.
(29) "Preliminary investigation" means the
				  gathering of information necessary for 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
				  Dentistry Act.
(30) "Probation"
				  means a sanction imposed by the Board in a final order, in which the licensee
				  is:
(a) Monitored by the Board for a period
				  of time; and
(b) Subject to certain
				  requirements to avoid further disciplinary action.
(31) "Public document" 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.
(32) "Recommended decision" means a nonpublic
				  document issued by an administrative law judge that sets out proposed findings
				  of fact, proposed conclusions of law, a proposed sanction, or any combination
				  of them, under a delegation by the Board.
(33) "Recusal" means the disqualification of
				  a member of the Board from participation in a proceeding because of interest,
				  bias, or other reason.
(34)
				  "Respondent" means a licensee, subject to the jurisdiction of the Board, that
				  has been:
(a) Charged with violations of
				  Health Occupations Article, §
												4-315, Annotated
				  Code of Maryland;
(b) Notified that
				  the Board intends to initially deny a license, change a licensee's status, or
				  deny another benefit sought by the licensee;
(c) Notified of a potential emergency
				  suspension of licensure; or
(d)
				  Notified of the opportunity to appear before the Board to respond to
				  allegations by the Board in a contested case.
(35) "Reprimand" means a sanction imposed by
				  the Board in a final order in which the Board publicly admonishes the licensee
				  for violating the Maryland Dentistry Act.
(36) "Revocation" means a sanction imposed by
				  the Board in a final order in which the licensee's permission to practice
				  dentistry or dental hygiene in Maryland is terminated.
(37) "Sanction" means an action taken against
				  a licensee by the Board in a final order, which includes one or a combination
				  of the following:
(a) A reprimand;
(b) Probation;
(c) Suspension or revocation of the license;
				  or
(d) A civil penalty.
(38) "Show cause hearing" means a
				  nonevidentiary hearing before the Board in which the licensee may demonstrate
				  to the Board why the Board should not:
(a)
				  Issue a proposed order;
(b)
				  Continue an order currently in effect; or
(c) Take an action that the Board may
				  take.
(39) "Stay" means
				  the withholding of an action ordered by the Board which may be subject to
				  certain conditions.
(40) "Summary
				  suspension" means the indefinite suspension of a license under State Government
				  Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, issued if the Board believes that the action is
				  necessary to protect the public health, safety, or welfare.
(41) "Surrender" means the voluntary
				  relinquishment of a license to practice dentistry or dental hygiene that may be
				  subject to certain conditions set by the Board.
(42) "Suspension" means a sanction imposed by
				  the Board in a final order in which the licensee's ability to practice
				  dentistry or dental hygiene is temporarily denied for a specific period of time
				  or until certain conditions are met.
(43) "Triage Committee" means a committee
				  composed of members of the Board to which newly filed complaints are referred
				  for initial recommendation before review by the Discipline Review
				  Committee.