Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.04 - Rules of Procedure for Board Hearings › Section 10.26.04.02 - 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 cases which 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 if the Board has a
				  basis to charge the licensee with disciplinary violations, but closes the case
				  by advising the licensee of the laws governing the practice of
				  acupuncture.
(5) "Board" means the
				  State Acupuncture Board.
(6) "Board
				  counsel" means the attorney assigned by the Office of the Attorney General to
				  provide legal advice to the Board, and to represent the Board in legal matters
				  and suits filed against and on behalf of the Board.
(7) "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.
(8) "Case resolution conference committee"
				  means a committee composed of members of the Board who make recommendations to
				  the Board regarding settlement of disciplinary matters.
(9) "Cease and desist letter" means an
				  informal action consisting of a nonpublic letter issued by the Board, ordering
				  a licensee to cease from doing a specified activity or an unlicensed individual
				  to cease the unauthorized practice of acupuncture.
(10) "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 Acupuncture Act;
(b) Sets forth sections of the Maryland
				  Acupuncture Act the Board believes were violated; and
(c) Provides notice to the licensee of
				  disciplinary proceedings before the Board.
(11) Complaint.
(a) "Complaint" means a written document
				  received by the Board which sets out conduct by a licensee which may violate
				  the Maryland Acupuncture Act and which may be grounds for an investigation or
				  disciplinary action by the Board.
(b) "Complaint" includes, but is not limited
				  to:
(i) A consumer complaint;
(ii) A law enforcement report;
(iii) A report from a hospital or related
				  institution;
(iv) A report from
				  another state, country, or jurisdiction, or from the armed services of the
				  United States;
(v) A report from an
				  insurer;
(vi) A malpractice
				  insurance report;
(vii) An
				  advertisement;
(viii) A news
				  article or report;
(ix) A report
				  from a professional association, peer review committee, rehabilitation
				  committee, or medical review committee as defined in Health Occupations
				  Article, §
													14-501, Annotated
				  Code of Maryland;
(x) A report from
				  another health occupation board or other State agency;
(xi) A report from a court of this or another
				  jurisdiction;
(xii) An application
				  filed with the Board;
(xiii) A
				  written memorandum of the Board alleging conduct by a licensee; and
(xiv) Other information, from any other
				  source, which warrants investigation.
(12) "Complaint review committee" means the
				  committee composed of Board members, Board staff, Board counsel, the
				  administrative prosecutor, and other individuals designated by the Board to:
(a) Review complaints;
(b) Recommend to the Board that a matter be
				  referred for investigation;
(c)
				  Recommend to the Board that a matter be closed;
(d) Recommend to the Board that a licensee be
				  charged with a violation of the Maryland Acupuncture Act or of an order of the
				  Board;
(e) Recommend to the Board
				  that the Board solicit a response from a licensee or respondent before further
				  action; and
(f) Make
				  recommendations to the Board regarding any other disciplinary matter which has
				  been delegated to the complaint review committee by the Board.
(13) "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.
(14) "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.
(15)
				  "Contested case" means a proceeding conducted under State Government Article,
				  Title 10, Subtitle 2, Annotated Code of Maryland.
(16) "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.
(17) "Final order"
				  means a public document issued by the Board resolving a contested case either
				  by consent or after an adjudication and 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 is
				  authorized to do by law.
(18) "Imperatively requires emergency action"
				  means a finding by the Board that an emergency action must 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.
(19) "Informal action" means that the Board
				  closes a case, without taking any formal disciplinary action or issuing a final
				  order, by imposing a disciplinary sanction consisting of:
(a) A letter of education;
(b) An advisory letter;
(c) A letter of admonishment;
(d) A cease and desist letter; or
(e) A consent agreement.
(20) "Investigation" means the gathering of
				  information after the Board receives a complaint against a licensee, which is
				  necessary for the Board to determine whether there is reasonable cause to
				  charge a licensee with a violation of the Maryland Acupuncture Act.
(21) Letter of Admonishment.
(a) "Letter of admonishment" means informal
				  action consisting of a nonpublic letter issued by the Board, either before or
				  after charges have been issued, if the Board believes a licensee has engaged in
				  conduct which violates the Maryland Acupuncture Act but closes the case by
				  admonishing the licensee.
(b)
				  "Letter of admonishment" may reflect agreement by the Board and the licensee
				  that the licensee shall perform certain conditions instead of the Board taking
				  formal disciplinary action.
(22) "Letter of education" means informal
				  action consisting of a nonpublic letter:
(a)
				  Issued by the Board if the Board does not believe that conduct rose to the
				  level of a violation of the Maryland Acupuncture Act; and
(b) In which the Board educates the licensee
				  of the laws and standards of the practice of acupuncture.
(23) "Letter of surrender" means a public
				  letter accepted by the Board in which the licensee agrees to surrender
				  licensure to practice acupuncture, and which may include conditions for the
				  Board's acceptance of the surrender as a resolution of the case instead of the
				  Board taking formal disciplinary action.
(24) "Licensee" means an individual who is
				  licensed to practice acupuncture in Maryland.
(25) "Licensure" means the authority granted
				  to an individual by the Board pursuant to the Board's authority under the
				  Maryland Acupuncture Act to practice acupuncture in this State.
(26) "Maryland Acupuncture Act" means Health
				  Occupations Article, Title 1A, Annotated Code of Maryland.
(27) "Notice of initial denial" means a
				  nonpublic document issued by the Board:
(a) By
				  which an applicant or licensee is notified that the Board intends to deny a
				  license, or a change in licensure status, or some other benefit sought by the
				  licensee, and of the statutory grounds or other reasons for the denial;
				  and
(b) Which provides notice to
				  the licensee of any proceedings scheduled before the Board.
(28) "Post-deprivation hearing"
				  means a contested case 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.
(29) "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 which the Board is authorized by law to take.
(30) "Preliminary investigation"
				  means the gathering of information necessary for the Board to determine whether
				  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 Acupuncture Act.
(31)
				  "Probation" means a sanction imposed by the Board in a public final order by
				  which the public is notified that the licensee has violated the Maryland
				  Acupuncture Act and the licensee is monitored by the Board for a period of time
				  and must comply with certain conditions in order to avoid further disciplinary
				  action.
(32) "Prohibited act" means
				  any conduct specified in the Maryland Acupuncture Act which can result in
				  sanctions or penalties.
(33)
				  "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.
(34)
				  "Recommended decision" means a nonpublic document issued to the Board 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.
(35) "Recusal" means the
				  disqualification of a member of the Board to participate in a proceeding
				  because of interest, bias, or another reason which may interfere with the Board
				  member's participation in a case.
(36) "Registered auricular detoxification
				  specialist" means an individual who has been registered by the Board for the
				  purpose of assisting an individual who is undergoing detoxification to remove
				  addictive substances from the body and to restore health.
(37) "Respondent" means a licensee, subject
				  to the jurisdiction of the Board, who has been:
(a) Charged with a violation of Health
				  Occupations Article, § 1A -309, Annotated Code of Maryland;
(b) Notified that the Board intends to
				  initially deny a license, change a licensee's status, or deny some other
				  benefit sought by the licensee;
(c)
				  Notified of a potential emergency suspension of the licensee's license;
				  or
(d) Otherwise notified that the
				  licensee has the opportunity to appear before the Board to respond to
				  allegations by the Board in a contested case.
(38) "Reprimand" means a sanction imposed by
				  the Board in a public final order if the Board determines that the licensee has
				  violated the Maryland Acupuncture Act, which:
(a) Does not place the licensee on a period
				  of probation;
(b) Permits the
				  licensee to continue practicing without license suspension; and
(c) May be imposed in addition to any other
				  sanctions authorized by the Act.
(39) "Revocation" means a sanction imposed by
				  the Board in a public final order if the Board determines that the licensee has
				  violated the Maryland Acupuncture Act, which terminates the licensee's
				  authority to practice acupuncture and renders the licensee an unlicensed
				  individual.
(40) "Sanction" means
				  an action taken against a licensee by the Board in a public final order by
				  which the public is notified that the licensee has violated the Maryland
				  Acupuncture Act, and which may consist of a reprimand, probation, suspension or
				  revocation of the license, or a fine.
(41) "Show cause hearing" means a
				  nonevidentiary hearing held before the Board in which a licensee has an
				  opportunity to demonstrate to the Board why the Board should not issue a
				  proposed order or take an action that the Board is legally authorized to
				  take.
(42) "Stay" means the
				  withholding of an action ordered by the Board and which may be subject to
				  certain conditions.
(43) "Stet"
				  means the act of suspending all action in a proceeding, which may be subject to
				  certain conditions, and which the Board has the discretion to reopen at a later
				  time.
(44) "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 the action is
				  necessary to protect the public health, safety, or welfare.
(45) "Surrender" means the voluntary
				  relinquishing of a license to practice acupuncture which may be subject to
				  certain conditions set by the Board.
(46) "Suspension" means a sanction imposed by
				  the Board in a public final order if the Board determines that a licensee has
				  violated the Maryland Acupuncture Act, which temporarily discontinues the
				  licensee's authority to practice acupuncture for a specific period of time or
				  until certain conditions are met.