reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.05 - Licensure for Dentists Licensed in Another State › Section 10.44.05.05 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant who has passed the ADLEX with a score of 75 or greater in each
				  required section shall submit the following to the Board:
(1) A completed application on a form
				  provided by the Board;
(2) A
				  photograph of the applicant not to exceed 3 inches by 3 inches accompanied by a
				  notarized statement stating that "the photograph is a true photograph of
				  me";
(3) An original National Board
				  Score Card;
(4) Certified proof of
				  dental education which contains the raised embossed school seal certifying its
				  authenticity, except that letters from educational institutions on original
				  letterhead, bearing an original signature, do not require a raised embossed
				  seal;
(5) A certified examination
				  score of the ADLEX and, if requested by the Board, a specific point breakdown
				  by procedure including penalty deductions if available;
(6) A certified letter with a raised embossed
				  seal from the dental licensing authority of each state in which the applicant
				  holds an active dental license or ever held an active dental license indicating
				  that the license is or was in good standing and that the applicant:
(a) Is not being investigated;
(b) Does not have charges pending against the
				  applicant's license;
(c) Has not
				  been disciplined; and
(d) Has not
				  been convicted or disciplined by a court of any state or country for an act
				  that would be grounds for disciplinary action under Health Occupations Article,
				  §
												4-315, Annotated
				  Code of Maryland;
(7)
				  Documentation of change of name if the name on any of the documents submitted
				  to the Board differs from the applicant's name; and
(8) Any other documents or information
				  pertinent to licensure required by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.05 - Licensure for Dentists Licensed in Another State › Section 10.44.05.06 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The application
				  fee shall accompany the application and is specified in COMAR
				  10.44.20.
B. The application fee is
				  nonrefundable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.01 - 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) "Board" means the State Board of Dental
				  Examiners.
(2) "Dentist" means an
				  individual who holds a current license to practice dentistry in
				  Maryland.
(3) "General dentist"
				  means a dentist not recognized by the Board as a specialist in an area of
				  dental specialty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.02 - Prohibition of Deceptive or Misleading Statements or Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. A dentist may
				  not, on behalf of himself, his partner, or his associate, or for any other
				  dentist affiliated with him, use or participate in the use of any form of
				  public communication which contains a deceptive or misleading statement or
				  claim.
B. Deceptive or misleading
				  statements or claims are those that:
(1)
				  Contain a material misrepresentation of fact;
(2) Fail to state any fact necessary to make
				  the statement not misleading;
(3)
				  Are intended or are likely to create unjustified expectations;
(4) State or imply that a dentist is a
				  certified or recognized specialist other than as recognized by the
				  Board;
(5) State or imply superior
				  service;
(6) Contain a
				  representation or implication that is likely to cause an ordinary prudent
				  person to misunderstand or to be deceived;
(7) Contain statistical data or other
				  information based on past performance coupled with an explicit representation
				  that the data or information indicates a likelihood of future
				  success;
(8) Contain or imply any
				  guarantee of satisfaction, except the guarantee to return a fee if the patient
				  is not satisfied with the treatment rendered;
(9) Use electronic media, including
				  television, radio, and motion pictures, in a manner inconsistent with these
				  regulations and the following criteria:
(a)
				  Broadcast advertising shall be communicated to the public only over radio or
				  television stations that are approved by the Federal Communications Commission
				  or over cable television,
(b)
				  Broadcast advertisements shall be prerecorded, and approved for broadcast by
				  the advertising dentist, and
(c) A
				  recording of the actual transmission shall be retained by the advertising
				  dentist for a period of 3 years;
(10) Fail to include the name of a
				  responsible licensed dentist who provides dental services at the location
				  advertised; or
(11) State or imply
				  that a dentist practices in an area of dental specialty unless the dentist:
(a) Is recognized by the Board as a
				  specialist in the area advertised,
(b) Includes in the advertisement a
				  disclaimer that the dentist is not recognized by the Board as a specialist in
				  the area of practice advertised, or
(c) Includes in the advertisement a statement
				  that the dentist is a general dentist.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.03 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A statement regarding fees shall be considered deceptive or
					 misleading if the dentist:
A. Renders
				  the service at more than the fees advertised;
B. Fails to offer the service at the fee
				  advertised for a reasonable period of time following the advertisement unless a
				  specific time limit is included in the original advertisement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.04 - Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A dentist shall be responsible for an advertisement of
					 service regardless of whether the advertising has been generated by him
					 personally, by his employees, or by a proprietorship, partnership, corporation,
					 union, public school clinic, state institution, or eleemosynary institution
					 which uses his services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.05 - Penalties for Violation

Current through Register Vol. 51, No. 14, July 12, 2024
Violations of these regulations pertaining to the use of
					 advertising shall constitute unprofessional conduct and may result in
					 disciplinary action against the dentist as set forth in Health Occupations
					 Article, §
										4-315, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.06 - Advertising › Section 10.44.06.06 - Retention and Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A dentist shall:
A. Retain a copy of all advertising, in the
				  form in which it was published, for a period of 3 years from the date of
				  publication; and
B. Make the copy
				  available for inspection and copying when requested by the Board.
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 10.44.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Board of Dental Examiners.
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 10.44.07.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential and that confidentiality may not be waived by the
				  parties.
B. Office of
				  Administrative Hearings proceedings involving the adjudication of a contested
				  case and the administrative law judge's recommended decision are confidential.
				  The respondent may not waive the confidentiality of the proceedings or of the
				  patients whose medical or dental records or care are reflected in the record of
				  the proceedings.
C. To the extent
				  possible, even after a final order is issued by the Board, the parties shall
				  refrain from revealing legal documents, oral statements, or information that
				  would reveal the identity of any patients referred to in the Board's
				  order.
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 10.44.07.04 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every
				  party who appears at a formal hearing has the right to appear in proper person
				  or by or with counsel.
B. If the
				  matter goes to a hearing, the respondent shall be represented only by an
				  attorney who has been admitted to the Maryland Bar or specially admitted to
				  practice law under Maryland Rules, Rules Governing Admission to the Bar of
				  Maryland, Rule 14.
C. The
				  administrative prosecutor assigned to a disciplinary matter by the Office of
				  the Attorney General shall prosecute the disciplinary matter in Board
				  proceedings.
D. In all proceedings,
				  the Board shall be represented by and obtain advice from counsel assigned to it
				  by the Office of the Attorney General.
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 10.44.07.05 - Filing of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board may commence proceedings or open an investigation under Health
				  Occupations Article, §
										4-315, Annotated
				  Code of Maryland, after the filing of a complaint:
(1) Received from an individual who is not a
				  member of the Board; or
(2)
				  Completed by the Board on its own initiative and signed by a member of the
				  Board.
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 10.44.07.06 - Disposition of Complaint

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Complaints shall be referred to the Board's Triage Committee.
B. To the extent practicable, filed
				  complaints shall be presented to the Board's Triage Committee within 60 days of
				  their receipt.
C. To the extent
				  practicable, the Board's staff shall remove the respondent's name and address
				  from complaint before the documents are reviewed by the Triage
				  Committee.
D. The name and address
				  of the respondent shall appear on documents that are referred from the:
(1) Triage Committee to the Discipline Review
				  Committee; or
(2) Discipline Review
				  Committee to the Board.
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 10.44.07.07 - Discipline Review Committee (DRC)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The DRC shall:
(1) Consider and vote on the recommendations
				  of the Triage Committee;
(2) Review
				  documents received by the Board during the course of the Board's
				  investigations; and
(3) Make
				  recommendations to the Board for the disposition of the complaint for the
				  Board's vote.
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 10.44.07.08 - Board Review of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  For each complaint, after reviewing any completed investigative information or
				  reports and considering the recommendation of the Triage Committee or
				  Discipline Review Committee, if applicable, the Board shall:
(1) Dismiss the complaint;
(2) Place the case on administrative
				  hold;
(3) Close the case;
(4) Refer the case to peer review for
				  mediation;
(5) Refer the matter to
				  the:
(a) Dental Well-Being
				  Committee;
(b) Dental Hygiene
				  Well-Being Committee;
(6) Close the case with informal
				  action;
(7) Issue a cease and
				  desist order;
(8) Refer the matter
				  for further investigation;
(9)
				  Refer the matter to an administrative prosecutor; or
(10) Vote to:
(a) Charge a licensee with a violation of
				  Health Occupations Article, §
												4-315, Annotated
				  Code of Maryland, or the regulations adopted by the Board;
(b) Consider the matter as a basis for
				  summary suspension under State Government Article, §
												10-226(c)(2),
				  Annotated Code of Maryland;
(c)
				  Initially deny:
(i) Licensure or
				  reinstatement of a license; or
(ii)
				  Certification or reinstatement of a certificate;
(d) Accept the surrender of a license subject
				  to conditions acceptable to the Board; or
(e) Take any other action the Board is
				  authorized to take.
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 10.44.07.09 - Investigation of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board's DRC shall:
(1) Review complaints;
				  and
(2) Make a recommendation to
				  the Board as to the disposition of the complaint.
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 10.44.07.10 - Charges and Notice of Initial Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board issues charges or a notice of
				  initial denial, the Executive Director or an officer of the Board shall hand
				  deliver or send the charges or notice of initial denial to the respondent's
				  last known business and home addresses by certified mail.
B. Charges or a notice of initial denial
				  shall:
(1) Inform the respondent of the
				  statutory basis for the charges or denial of licensure;
(2) Allege sufficient facts which the Board
				  believes constitute either a basis for:
(a)
				  Violation of the Maryland Dentistry Act; or
(b) Denial of licensure;
(3) Notify the respondent of:
(a) Any proceedings scheduled before the
				  Board or of an opportunity to request a hearing within a certain period of
				  time; and
(b) The consequences of
				  failing to appear for those proceedings or of failing to request a hearing;
				  and
(4) Be accompanied
				  by a letter of procedure notifying respondent of the applicability of the
				  Administrative Procedure Act to the Board's proceedings.
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 10.44.07.11 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery on
				  Request. By written request served on the other party and filed with the Board
				  or the Office of Administrative Hearings, as appropriate, a party may request
				  another party to produce, within 15 calendar days, the following:
(1) A list of the witnesses to be
				  called;
(2) Copies of all documents
				  intended to be produced at the hearing; or
(3) Both §A(1) and (2) of this
				  regulation.
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 10.44.07.12 - Case Resolution Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. After service of charges or notice of
				  initial denial, the Board shall offer a respondent the opportunity for a case
				  resolution conference.
B. At any
				  other time during disciplinary proceedings, the Board may offer or the
				  respondent may request a case resolution conference to discuss a disciplinary
				  matter. The Board may grant or deny the respondent's request.
C. Matters admitted, revealed, negotiated, or
				  otherwise discussed at a case resolution conference are without prejudice and
				  may not be used by the respondent, administrative prosecutor, or the Board in
				  any subsequent proceedings, unless the information is otherwise discovered or
				  available through another source.
D. The recommendations of the case resolution
				  conference committee are not binding on the Board, which may:
(1) Accept a proposed settlement;
(2) Modify a proposed settlement;
				  or
(3) Reject the proposed
				  settlement and require the respondent to proceed to a hearing.
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 10.44.07.13 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Prehearing Conference. The Board may set a prehearing conference upon motion of
				  either party, or on the Board's own motion.
B. The prehearing conference may be used to:
(1) Attempt to settle the case; or
(2) Prepare for hearing by:
(a) Delineating the issues;
(b) Stipulating to the facts, laws, and other
				  matters;
(c) Arranging a schedule;
				  and
(d) Arranging for the
				  submission of names of witnesses to be called and the subject matter of
				  testimony to be presented in the hearing; and
(3) Accomplish any other purpose the Board
				  considers necessary.
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 10.44.07.14 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A motion shall
				  be accompanied by a memorandum of points and authorities and shall be filed
				  with the Board at least 15 days before the hearing. A copy shall be served on
				  the opposing party.
B. A response
				  shall be filed with the Board at least 7 days before the hearing and a copy
				  served on the opposing party.
C.
				  The Board may consider a motion on the day of the hearing.
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 10.44.07.15 - Hearings on Charges or Notice of Initial Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearings shall be conducted under the
				  contested case provision of State Government Article, Title 10, Subtitle 2 and
				  Health Occupations Article, Title 4, Annotated Code of Maryland.
B. The Board may delegate its authority to
				  hear contested cases to the Office of Administrative Hearings.
C. Proceedings are closed to the public and
				  all records, including the recommended decision, are confidential and shall be
				  sealed except as otherwise provided in a final Board order or as provided by
				  law.
D. If a matter has been
				  delegated to the Office of Administrative Hearings, the administrative law
				  judge presiding over the proceedings shall issue to the Board a recommended
				  decision containing proposed findings of fact, proposed conclusions of law, a
				  proposed sanction, or any combination of them under the Board's
				  delegation.
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 10.44.07.16 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  against whom the Board has issued a notice of initial denial has the burden to
				  demonstrate by a preponderance of the evidence that the licensee is entitled to
				  licensure or to receive the benefit sought which the Board has
				  denied.
B. The State has the burden
				  to demonstrate by a preponderance of the evidence that the licensee has
				  committed a violation or violations of the Maryland Dentistry Act or of the
				  rules and regulations promulgated under the Act.
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 10.44.07.17 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a matter has
				  been delegated by the Board to the Office of Administrative Hearings, each
				  party may file exceptions to the administrative law judge's proposed findings
				  of fact, proposed conclusions of law, and proposed sanction, as set out in the
				  recommended decision, before the Board makes a final decision.
B. Unless otherwise permitted by the Board,
				  or as otherwise specified by the administrative law judge in the recommended
				  decision, either party shall file written exceptions with the Board within 15
				  days after the issuance of the recommended decision.
C. Unless otherwise permitted by the Board, a
				  party's written exceptions may not be longer than 25 double-spaced pages and
				  shall state with particularity:
(1) The
				  finding of fact, conclusion of law, or other matter excepted to; and
(2) The relevant portions of the record
				  supporting the party's exception.
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 10.44.07.18 - Exceptions Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  exceptions hearing shall be held before the Board.
B. The hearing shall be a nonevidentiary
				  hearing to provide the parties with an opportunity for oral argument on the
				  exceptions and response to exceptions.
C. The Board member presiding over the
				  hearing shall determine all procedural issues and shall make any rulings
				  reasonably necessary to facilitate the effective and efficient operation of the
				  hearing.
D. The respondent and the
				  administrative prosecutor ordinarily shall be limited to 30 minutes each in
				  which to present oral argument.
E.
				  Unless otherwise agreed by the parties and permitted by the Board, the parties
				  may not, in any response to exceptions, or in the hearing on exceptions,
				  reference any document or other evidence or offer any exhibit that is outside
				  the record of the evidentiary hearing before the administrative law
				  judge.
F. If neither party files
				  exceptions within the time specified in Regulation .14 of this chapter, the
				  Board shall consider only the recommended decision of the administrative law
				  judge and the record of the evidentiary hearing in making its final
				  decision.
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 10.44.07.19 - Sanctioning Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall consider the sanctioning guidelines
					 contained in COMAR 10.44.31 before issuing a final order and before taking
					 informal disciplinary action.
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 10.44.07.20 - Board Final Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. After review of the record and
				  deliberation, the Board shall issue a final order of either:
(1) Dismissal;
(2) Revocation;
(3) Suspension;
(4) Denial of licensure;
(5) Reprimand;
(6) Probation;
(7) Civil penalty; or
(8) Other disposition as
				  appropriate.
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 10.44.07.21 - Surrender of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board may require conditions for surrender of a license, including, but not
				  limited to:
(1) The admission of a violation
				  of the Maryland Dentistry Act;
(2)
				  The admission of facts;
(3) A
				  statement of the circumstances under which the surrender was offered or
				  accepted;
(4) Restrictions on
				  future licensure;
(5) Conditions
				  for reinstatement of the license; or
(6) An agreement that the respondent may not
				  apply for reinstatement of the license.
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 10.44.07.22 - Summary Suspension of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under State Government Article, §
										10-226(c)(2),
				  Annotated Code of Maryland, the Board shall order the summary suspension of a
				  license if the Board determines that there is a substantial likelihood that a
				  licensee poses a risk of harm to the public health, safety, or
				  welfare.
B. Notice of Intent to
				  Summarily Suspend.
(1) Based on information
				  gathered in an investigation or otherwise provided to the Board, the Board
				  shall vote to issue a notice of intent to summarily suspend a
				  license.
(2) If the Board votes to
				  issue a notice of intent to summarily suspend a license, the Board shall refer
				  the matter to the administrative prosecutor for prosecution.
(3) A notice of intent to summarily suspend a
				  license shall include, but is not limited to:
(a) A proposed order of summary suspension
				  which is unexecuted by the Board and which includes:
(i) The statutory authority on which the
				  action has been taken;
(ii)
				  Allegations of fact which the Board believes demonstrate a substantial
				  likelihood that the licensee poses a risk of harm to the public health, safety,
				  or welfare; and
(iii) Notice to the
				  respondent of the right to request a full hearing on the merits of the summary
				  suspension if the Board executes the proposed order of summary suspension;
				  and
(b) An order or
				  summons to appear before the Board to show cause why the Board should not
				  execute the order of summary suspension and which notifies the respondent of
				  the consequences of failing to appear.
(4) Service.
(a) The Board shall serve a respondent with a
				  notice of intent to summarily suspend a license:
(i) At least 5 calendar days before a
				  predeprivation show cause hearing is scheduled before the Board; and
(ii) By hand delivery by the Executive
				  Director or an officer of the Board to the address the respondent is required
				  to maintain with the Board, or by any other reasonable means to effect
				  service.
(b) If the
				  Board is unable to serve the notice of intent to summarily suspend a license
				  upon the respondent as described in §B(4)(a) of this regulation, the Board
				  may nevertheless proceed in prosecuting the case.
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 10.44.07.23 - Predeprivation Opportunity to Be Heard

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board issues a notice of intent to
				  summarily suspend a license, the Board shall offer the respondent the
				  opportunity to appear before the Board to show cause why the respondent's
				  license should not be suspended before the Board executes the order of summary
				  suspension.
B. A Predeprivation
				  Show Cause Hearing before the Board.
(1) The
				  hearing shall be a nonevidentiary hearing to provide the parties with an
				  opportunity for oral argument on the proposed summary suspension.
(2) The Board member presiding over the
				  hearing shall determine all procedural issues and shall make any rulings
				  reasonably necessary to facilitate the effective and efficient operation of the
				  hearing.
(3) The respondent and the
				  administrative prosecutor ordinarily shall be limited to 30 minutes each in
				  which to present oral argument.
(4)
				  The respondent shall proceed first and may reserve part of the allotted time
				  for rebuttal.
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 10.44.07.24 - Summary Suspension Without Prior Notice or Opportunity for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In extraordinary
				  circumstances, the Board may, after consultation with Board counsel, order the
				  summary suspension of a license without first issuing a notice of intent to
				  summarily suspend license or providing a respondent with an opportunity for a
				  predeprivation hearing if:
(1) The Board
				  determines that the public health, safety, and welfare require the immediate
				  suspension of the license without prior notice and an opportunity to be heard;
				  and
(2) The respondent is provided
				  with an opportunity for a hearing before the Board at the Board's next
				  regularly scheduled meeting but not to exceed 30 days from the date of
				  respondent's request.
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 10.44.07.25 - Burdens of Production and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a show cause proceeding under
				  Regulation .19B of this chapter, the respondent may present argument in
				  opposition to the allegations presented in the order for summary suspension or
				  which otherwise demonstrate that the public health, safety, or welfare is not
				  at risk.
B. The administrative
				  prosecutor bears the burden of demonstrating by a preponderance of the evidence
				  that the health, safety, or welfare of the public imperatively requires the
				  Board to summarily suspend the respondent's license.
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 10.44.07.26 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				  issues a notice of intent to summarily suspend a license before summarily
				  suspending a license, after the show cause hearing, it may vote to:
(1) Order a summary suspension;
(2) Deny the summary suspension;
(3) Enter into an order agreed upon by the
				  parties; or
(4) Enter into any
				  interim order warranted by the circumstances of the case, including one
				  providing for stay of the summary suspension subject to certain
				  conditions.
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 10.44.07.27 - Postdeprivation Opportunity for an Evidentiary Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board orders the summary suspension
				  of a license under Regulation .19 of this chapter, the respondent shall be
				  provided with the opportunity for an appeal. The appeal from a summary
				  suspension shall be an evidentiary hearing under the Administrative Procedure
				  Act.
B. The respondent may request
				  an evidentiary hearing within 10 days after the Board issues the order of
				  summary suspension.
C. Unless
				  otherwise agreed by the parties, the Board shall provide a hearing within 45
				  days after the respondent's request.
D. An evidentiary hearing may be consolidated
				  with a hearing on charges issued by the Board which include the facts which
				  form the basis for the summary suspension.
E. The Board shall conduct an evidentiary
				  hearing under the contested case provisions of State Government Article, Title
				  10, Subtitle 2, Annotated Code of Maryland.
F. If the Board has delegated the matter to
				  the Office of Administrative Hearings, the administrative law judge shall issue
				  to the Board a recommended decision with proposed findings of fact, proposed
				  conclusions of law, and a proposed disposition, or any combination of these
				  under the Board's delegation of the matter to the Office of Administrative
				  Hearings.
G. If the hearing is one
				  combined with charges, the administrative law judge's determination as to the
				  merits of the summary suspension shall be based only on those parts of the
				  record that were available to the Board at the time it voted for the summary
				  suspension.
H. The parties may file
				  exceptions to the recommended decision as provided in the State Government
				  Article, Title 10, Subtitle 2, Annotated Code of Maryland.
I. An order issued by the Board after a
				  postdeprivation evidentiary hearing is a final order of the Board and is a
				  public document under State Government Article, Title 10, Subtitle 6, Annotated
				  Code of Maryland.
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 10.44.07.28 - Probation and Violation of Probation Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which it considers
				  appropriate, including:
(1) Re-education or
				  completion of approved courses;
(2)
				  Payment of a civil penalty or donation to an approved institution providing
				  dental services for the poor, indigent, or handicapped;
(3) Provision of free dental services in a
				  Board-approved program;
(4)
				  Entrance into and compliance with a contract with the Dental Well-Being
				  Committee or Dental Hygiene Well-Being Committee;
(5) Practice supervision;
(6) Monitoring by the Board or by an
				  individual or entity approved by the Board with periodic reporting to the
				  Board;
(7) Periodic review of a
				  licensee's clinical practice;
(8)
				  Periodic review of a licensee's billing practices;
(9) Periodic audits of a licensee's billing
				  practices;
(10) An examination by a
				  physician or appropriate health care provider;
(11) Limitation of the licensee's
				  practice;
(12) A passing score on
				  an appropriate examination; or
(13)
				  Any other condition the Board considers appropriate for the rehabilitation or
				  re-training of a licensee.
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 10.44.07.29 - Charges for Violation of Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board issues charges for a
				  violation of probation, the service shall be as provided in Regulation .07A of
				  this chapter.
B. The charging
				  document for a violation of probation shall:
(1) Inform the respondent of the statutory
				  provision, condition of probation, or provision of the Board's order that the
				  Board believes has been violated;
(2) Allege facts that the Board believes
				  constitute either a basis for a violation of probation; and
(3) Notify the respondent of any proceedings
				  scheduled before the Board or of an opportunity to request a hearing within a
				  certain period of time and the consequences of failing to appear for those
				  proceedings or failing to request a hearing.
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 10.44.07.30 - Violation of Probation Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The hearing shall be an evidentiary hearing held in the manner set forth in
				  Regulation .12 of this chapter.
B.
				  The burden of proof shall be as set forth in Regulation .13 of this
				  chapter.
C. After a hearing, the
				  Board shall issue a final order consisting of findings of fact, conclusions of
				  law, and an order. The order shall be a final order of the Board.
D. If the Board determines that a respondent
				  has violated probation, the Board may:
(1)
				  Take any action provided for in the consent order or final order in the event
				  of a violation of probation;
(2)
				  Impose additional conditions of probation; or
(3) Impose any sanction or take any other
				  action that the Board considers appropriate and may take.
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 10.44.07.31 - Reinstatement of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Petition for Reinstatement.
(1) A licensee
				  shall petition the Board for reinstatement after suspension, revocation, or
				  surrender of a license.
(2) Subject
				  to contrary provisions in a final order of revocation or a surrender, the Board
				  may not consider a petition for reinstatement after the revocation of a license
				  or a surrender until 3 years after the effective date of the revocation or
				  surrender.
(3) A licensee who
				  petitions the Board for reinstatement under terms and conditions for
				  reinstatement set out in a final order, letter of surrender, or other order of
				  the Board, shall apply for reinstatement only under those terms and
				  conditions.
(4) A licensee whose
				  license has been revoked or surrendered for 3 or more years before filing a
				  petition for reinstatement is not eligible for reinstatement but instead shall
				  apply for initial licensure.
(5) In
				  addition to complying with any conditions for reinstatement ordered by the
				  Board, an applicant for reinstatement shall:
(a) File an application for reinstatement
				  with the Board;
(b) Meet the
				  requirements for reinstatement set out in COMAR 10.44.10; and
(c) Achieve a passing score on the Board's
				  law examination.
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 10.44.07.32 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A final order of the Board is subject to judicial review as
					 provided in Health Occupations Article, §
										4-319, and State
					 Government Article, §
										10-222, Annotated
					 Code of Maryland.
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 10.44.07.33 - Imposition of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may impose a civil monetary penalty instead of or
					 in addition to a disciplinary sanction authorized by Health Occupations
					 Article, §
										4-315, Annotated
					 Code of Maryland, and as provided in COMAR 10.44.08.
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 10.44.07.34 - Recusal in Board Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A Board member or the Dental Compliance Officer may not participate in an
				  investigation or a proceeding in which the impartiality of the Board member or
				  Dental Compliance Officer might reasonably be questioned, including, but not
				  limited to those investigations or proceedings in which the Board member or
				  Dental Compliance Officer has or appears to have:
(1) A personal bias or prejudice concerning a
				  party; or
(2) Personal knowledge of
				  disputed evidentiary facts obtained outside the administrative or disciplinary
				  process.
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 10.44.07.35 - Consideration and Notice of Board Files

Current through Register Vol. 51, No. 14, July 12, 2024
In any matter governed by this chapter, the Board may take
					 official notice of any information contained in the Board's
					 files.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish the standards by which the
					 Board may impose a civil penalty of not more than $5,000 against any dentist
					 licensed in the State who is found to be in violation of Health Occupations
					 Article, Title 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.02 - 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) "Board" means the Board of Dental
				  Examiners.
(2) "Civil penalty"
				  means a monetary penalty.
(3)
				  "Universal precautions" means blood and body fluid precautions as defined in
				  "Control of Communicable Diseases in Man", which is incorporated by reference
				  in COMAR 10.06.01.01C.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.03 - Imposition of a Civil Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
After a hearing as provided in COMAR 10.44.07, the Board
					 may impose a civil penalty against a dentist for violation of Health
					 Occupations Article, §
										4-315, and
					 pertinent regulations:
A. In place of,
				  or in addition to, suspension of a dentist's license; or
B. In addition to the revocation of a
				  dentist's license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.04 - Violations for Which Civil Penalties May Be Imposed

Current through Register Vol. 51, No. 14, July 12, 2024
Civil penalties may be imposed if a dentist is found to
					 have violated any section of Health Occupations Article, §
										4-315(a),
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.05 - Guidelines for Imposing Civil Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may impose a penalty for violations of Regulation
					 .04 of this chapter considering the nature and severity of the violation
					 consistent with the following guidelines:
A. For the first violation, a civil penalty
				  of not more than 25 percent of the maximum civil penalty;
B. For the second violation, a civil penalty
				  of not more than 50 percent of the maximum civil penalty;
C. For the third and any subsequent
				  violation, a civil penalty of not more than the maximum civil
				  penalty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.06 - Power and Authority of Board

Current through Register Vol. 51, No. 14, July 12, 2024
The power and authority of the Board to impose these civil
					 penalties may not be affected or diminished by any other proceeding, civil or
					 criminal, concerning the same violation or violations except as provided in
					 these regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.07 - Appeal Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee against whom a civil penalty has been imposed
					 may have judicial review of the Board's decision as provided by
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.08 - Civil Penalties › Section 10.44.08.08 - Payment of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. A civil
				  penalty imposed under these regulations shall be paid to the Board by the
				  licensee upon the expiration of the period allowed for appeal. Noting of an
				  appeal does not stay the Board's order. Money collected by the Board under
				  these regulations shall be paid over to the State Treasurer and shall become
				  part of the General Fund of the State.
B. When payment of a civil penalty imposed by
				  the Board against a license in accordance with these regulations is not paid by
				  the licensee when due under these regulations, the Board shall refer the case
				  to the Central Collection Unit of the Department of Budget and Management to
				  institute and maintain proceedings for enforcement of payment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 44 - BOARD OF DENTAL EXAMINERS › Chapter 10.44.09 - Licensure for Dental Hygienists Licensed in Another State › Section 10.44.09.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meaning indicated.
B. Terms Defined.
(1) "ADEX" means the American Board of Dental
				  Examiners, Inc., or its successor organization.
(2) "ADHLEX" means the American Dental
				  Hygiene Licensing Examination, which includes both a written component and a
				  clinic component, designed and developed by ADEX, or its successor
				  examination.
(3) "Board" means the
				  Maryland State Board of Dental Examiners.