Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 40 - BOARD OF PODIATRIC MEDICAL EXAMINERS › Chapter 10.40.05 - Hearing Procedures › Section 10.40.05.02 - 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 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) "Board" means the State Board of
				  Podiatric Medical Examiners.
(5)
				  "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
(6) "Case
				  resolution conference committee" means a committee composed of one or more
				  members of the Board that makes recommendations to the Board regarding
				  settlement of disciplinary matters.
(7) "Cease and desist letter" means an
				  informal action consisting of a nonpublic letter issued by the Board ordering:
(a) A licensee to cease a specified activity;
				  or
(b) An unlicensed individual to
				  cease the unauthorized practice of podiatry.
(8) "Charging document" 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 Podiatry Act;
(b) Sets
				  forth provisions of the Maryland Podiatry Act that the Board believes were
				  violated; and
(c) Provides notice
				  to the licensee of disciplinary proceedings before the Board
(9) "Complaint" means a written
				  allegation received by the Board that a licensee may have violated the Maryland
				  Podiatry Act and which may be grounds for an investigation or disciplinary
				  action by the Board
(10) "Consent
				  order" means a public record issued by the Board that 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
(11) "Contested case" means a proceeding
				  conducted under the Administrative Procedure Act
(12) "Disposition agreement" means a
				  nonpublic agreement entered into with a licensee instead of formal disciplinary
				  action, in which the licensee agrees to comply with certain
				  conditions.
(13) "Final order"
				  means a public record 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, 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 may
				  do by law.
(14)
				  "Imperatively requires emergency action" means a finding by the Board that an
				  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.
(15) "Informal action " means that the Board
				  closes a case without taking formal disciplinary action or without issuing a
				  final order, by imposing a disciplinary sanction consisting of a:
(a) Letter of education;
(b) Letter of admonishment;
(c) Cease and desist letter; or
(d) Disposition agreement
(16) "Investigation" means the
				  gathering of information to assist the Board in determining if there is
				  reasonable cause to charge a licensee with a violation of the Maryland Podiatry
				  Act
(17) Letter of Admonishment
(a) "Letter of admonishment" means informal
				  action consisting of a nonpublic letter issued by the Board closing a case, if
				  the Board believes a licensee has engaged in conduct that violates the Maryland
				  Podiatry Act, admonishing the licensee not to repeat the conduct.
(b) "Letter of admonishment" may include an
				  agreement that the licensee perform certain conditions instead of the Board
				  taking formal disciplinary action.
(18) "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 conduct rose to the level of a violation of the Maryland Podiatry
				  Act; and
(b) In which the Board
				  educates the licensee concerning the laws and standards of the practice of
				  podiatry.
(19) Letter of
				  Surrender
(a) "Letter of surrender" means a
				  public letter accepted by the Board in which the licensee agrees to surrender
				  the license to practice podiatry.
(b) "Letter of surrender" may include
				  conditions for the Board's acceptance of the surrender as a resolution of the
				  case.
(20) "Licensure"
				  means permission to engage in the practice of podiatry which is evidenced by a
				  license issued by the Board.
(21)
				  "Maryland Podiatry Act" means Health Occupations Article, Title16, Annotated
				  Code of Maryland.
(22) "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, a
				  change in licensure status, or some other benefit sought by the
				  licensee.
(23) "Preliminary review"
				  means the gathering of information to be used by 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 Podiatry Act.
(24)
				  "Probation" means a sanction imposed by the Board in a public final order in
				  which the licensee is:
(a) Monitored by the
				  Board for a period of time; and
(b)
				  Required to comply with certain conditions to avoid further disciplinary
				  action.
(25) "Public
				  record" means a document that the Board is permitted or required to disclose to
				  the public under General Provisions Article, Title 4, Annotated Code of
				  Maryland.
(26) "Recommended
				  decision" means a nonpublic record issued to the Board by an administrative law
				  judge that sets out proposed findings of fact, proposed conclusions of law, a
				  proposed sanction, or any combination of them.
(27) "Recusal" means the disqualification of
				  a member of the Board to participate in a proceeding because of interest, bias,
				  or some other reason that may interfere with the Board member's participation
				  in a case.
(28) "Respondent" means
				  a licensee, subject to the jurisdiction of the Board, that has been:
(a) Given notice to answer allegations
				  concerning violations of the Maryland Podiatry Act;
(b) Notified as to a potential emergency
				  suspension under State Government Article, §
												10-226(c),
				  Annotated Code of Maryland; or
(c)
				  Notified as to potential violation of Health Occupations Article, §
												16-501 or §
												16-502, Annotated
				  Code of Maryland.
(29)
				  "Revocation" means the removal of a podiatrist's license to practice
				  podiatry.
(30) "Sanction " means an
				  action by the Board, including a:
(a)
				  Reprimand;
(b) Placement on
				  probation;
(c) Fine; or
(d) Suspension or revocation of a
				  license.
(31) "Show
				  cause hearing" means a nonevidentiary hearing before the Board in which the
				  licensee has the opportunity to demonstrate to the Board why the Board should
				  not issue a proposed order or take an action that the Board may take.
(32) "Summary suspension " means the
				  indefinite suspension of a license under State Government Article, § 10-2
				  2 6 (c)(2), Annotated Code of Maryland, taken if the Board believes the action
				  is necessary to protect the public health, safety, or welfare.
(33) "Surrender" means the voluntary
				  relinquishing of a license to practice podiatry that may be subject to certain
				  conditions set by the Board.
(34)
				  "Suspension " means a temporary denial of the right to use a license and is
				  usually defined by:
(a) A specific period of
				  time;
(b) Specific dates;
				  or
(c) Specific
				  conditions.
(35)
				  "Violation" means an act or omission prohibited under Health Occupations
				  Article, §
											16-311, Annotated
				  Code of Maryland.