Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 14 - BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 15.14.02 - Board Actions › Section 15.14.02.02 - 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) "Abrogate" means to rescind a prior
				action of the Board;
(2) "Cease and
				desist letter" means a letter issued by the Board directing:
(a) A licensee to cease doing a specified
				activity; or
(b) An unlicensed
				individual to cease the unauthorized practice of veterinary medicine.
(3) "Censure" means a
				reprimand.
(4) "Charging document"
				means a nonpublic document issued by the Board as a formal disciplinary action
				that:
(a) Alleges conduct by a licensee that
				the Board considers to be a violation under the Maryland Veterinary Medicine
				Act;
(b) Sets forth provisions of
				the Maryland Veterinary Practice Act that the Board considers to have been
				violated; and
(c) Provides notice
				to the licensee of disciplinary proceedings before the Board.
(5) "Civil penalty final order"
				means a public document issued by the Board containing a final order that
				disposes of a charging document when the licensee:
(a) Waives the right to a contested case
				hearing; and
(b) Pays the civil
				penalty sanction contained in the notice of Board action.
(6) "Complaint" means a nonpublic document or
				other information received by the Board that sets out conduct by a licensee
				that may:
(a) Violate the Maryland Veterinary
				Practice Act; and
(b) Be grounds
				for an investigation or disciplinary action by the Board.
(7) "Consent agreement and order" means a
				public document issued by the Board that includes a final order of the Board
				specifying certain Board action that has been negotiated and agreed to by both
				parties to resolve a disciplinary action.
(8) "Default order" means a proposed order
				issued by the Board upon the failure of a licensee to respond to a notice of
				Board action or to appear at a hearing.
(9) "Dismissal" means an action of the Board
				to dispose of a complaint or matter without taking any disciplinary
				action.
(10) "Disposition
				agreement" means a nonpublic formal agreement entered into with an impaired
				licensee in which the licensee agrees to comply with certain
				conditions.
(11) "Letter of
				admonishment" means a nonpublic document issued by the Board as an informal
				action containing strong recommendations to a veterinarian regarding conduct or
				practices that concern the Board but do not rise to a level of severity
				requiring disciplinary action.
(12)
				"Letter of advice" means a nonpublic document issued by the Board as an
				informal action containing educational advice to a veterinarian regarding
				conduct or practices that the Board finds could be improved but do not rise to
				a level of severity requiring disciplinary action.
(13) "Letter of surrender" means a public
				letter accepted by the Board in which the licensee agrees to surrender the
				licensee's license to practice veterinary medicine.
(14) "Mediation" means a confidential
				voluntary alternative dispute resolution (ADR) process offered by the
				Department to assist parties in resolving a dispute informally.
(15) "Modified order" means an order issued
				by the Board to abrogate, change, or modify an original order after
				consideration of facts not originally considered.
(16) "Probation" means a sanction imposed by
				the Board, in which the licensee is:
(a)
				Monitored by the Board for a period of time; and
(b) Subject to certain requirements by the
				Board.
(17) "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.
(18) "Recusal"
				means the removal of a member of the Board from participation in a matter
				because of interest, bias, or other reason.
(19) "Resolution conference" means a
				confidential meeting between a licensee and members of the Board to discuss
				possible settlement of a disciplinary matter.
(20) "Show cause hearing" means a
				nonevidentiary hearing before the Board in which the licensee may demonstrate
				to the Board why the Board should not issue a proposed order or take some other
				action.
(21) "Stay" means the
				withholding of Board action against a licensee, which stay may be subject to
				conditions imposed by the Board.
(22) "Stet" means the act of staying all
				further action in a proceeding, subject to the proceeding being reopened at a
				later date.
(23) "Summary
				suspension" means the indefinite suspension of a license under State Government
				Article, §
										10-226, Annotated
				Code of Maryland, issued if the Board finds that the action is necessary to
				protect the health, safety, or welfare of animals or individuals.
(24) "Veterinary review committee" means a
				team composed of three or more members of the Board that, under Agriculture
				Article §
										2-302.1, has the
				delegated authority to perform regulatory functions pertaining to veterinary
				practitioners under Title 2, Subtitle 3 of the Agriculture Article.
(25) "Violation of probation" means failure
				to comply with a requirement of probation imposed in an order of the
				Board.