Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.01 - Disciplinary Proceedings › Section 10.34.01.02 - 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 that the Board has
				  delegated to the Office of Administrative Hearings under State Government
				  Article, §
											10-205, Annotated
				  Code of Maryland.
(2)
				  "Administrative Procedure Act" means State Government Article, Title 10,
				  Subtitle 2, Annotated Code of Maryland, which governs contested cases arising
				  from charges issued by the Board.
(3) "Board" means the State Board of
				  Pharmacy.
(4) "Case resolution
				  conference" means a voluntary, informal, and 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.
(5) "Case
				  resolution conference committee" means a committee comprised of one or more
				  members of the Board who make recommendations to the Board regarding settlement
				  of disciplinary matters.
(6) "Cease
				  and desist letter" means a public letter issued by the Board ordering:
(a) A registrant or licensee to cease doing a
				  specified activity; or
(b) An
				  unlicensed person to cease the unauthorized practice of pharmacy or the
				  unauthorized operation of a pharmacy.
(7) "Charges" means a nonpublic record issued
				  by the Board which:
(a) Alleges conduct by a
				  registrant or licensee that the Board believes constitutes a violation under
				  the Maryland Pharmacy Act;
(b) Sets
				  forth sections of the Maryland Pharmacy Act that the Board believes were
				  violated; and
(c) Provides notice
				  to the registrant or licensee of disciplinary proceedings before the
				  Board.
(8) "Complaint"
				  means an allegation received by the Board that a registrant or licensee may
				  have violated the Maryland Pharmacy Act, and which may be grounds for an
				  investigation or disciplinary action by the Board.
(9) "Consent order" means a final order
				  issued by the Board that has been negotiated and agreed to by both the
				  registrant or licensee and the Board to resolve a formal disciplinary
				  action.
(10) "Contested case" means
				  a proceeding conducted under the Administrative Procedure Act.
(11) "Final order" means a public record
				  issued by the Board resolving a formal disciplinary action by consent or after
				  an adjudication, which:
(a) Denies a
				  registration or license;
(b)
				  Sanctions by:
(i) Reprimand;
(ii) Probation;
(iii) Fine; or
(iv) Suspension or revocation of a
				  registration or license;
(c) Summarily suspends a registration or
				  license;
(d) Dismisses
				  charges;
(e) Surrenders a
				  registration or license;
(f)
				  Resolves the contested case by consent of the parties; or
(g) Takes any other action that the Board may
				  take by law.
(12)
				  "Formal disciplinary action" means action taken by the Board that:
(a) Is initiated by:
(i) Charges; or
(ii) A notice of initial denial;
(b) Is resolved by a consent
				  order;
(c) Results in a summary
				  suspension; or
(d) Results in a
				  letter of surrender.
(13) "Informal action" means that the Board
				  closes a case, without formal disciplinary action or issuing a final order, by
				  sending a:
(a) Letter of education;
(b) Letter of admonishment; or
(c) Letter of agreement.
(14) "Letter of admonishment" means an
				  informal action taken by the Board consisting of a nonpublic letter closing the
				  case if the Board believes a registrant or licensee engaged in conduct that
				  violated the Maryland Pharmacy Act and may include a letter of agreement in
				  which a registrant or licensee agrees to satisfy certain conditions instead of
				  the Board issuing charges.
(15)
				  Letter of Education.
(a) "Letter of education"
				  means an informal action consisting of a nonpublic letter:
(i) Issued by the Board, closing the case if
				  the Board does not believe that the registrant's or licensee's conduct rose to
				  the level of a violation of the Maryland Pharmacy Act; and
(ii) In which the Board educates the
				  registrant or licensee regarding the laws and standards of the practice of
				  pharmacy or operating a pharmacy.
(b) "Letter of education" may include a
				  letter of agreement in which a registrant or licensee agrees to satisfy certain
				  conditions.
(16) Letter
				  of Surrender.
(a) "Letter of surrender" means
				  a public record accepted by the Board in which:
(i) The licensee agrees to surrender the
				  licensee's license or permit; or
(ii) The registrant agrees to surrender the
				  registrant's registration.
(b) "Letter of surrender" may include
				  conditions for the Board's acceptance of the surrender as a resolution of the
				  case.
(17) "Licensee"
				  means the holder of a license or permit issued by the Board.
(18) "Maryland Pharmacy Act" means Health
				  Occupations Article, Title 12, Annotated Code of Maryland.
(19) "Notice of initial denial" means a
				  nonpublic record issued by the Board by which an applicant, registrant, or
				  licensee is notified that the Board intends to:
(a) Change a registration or licensure
				  status;
(b) Deny a registration,
				  license, or permit; or
(c) Deny
				  some other benefit sought by the registrant or licensee.
(20) "Party" means the:
(a) Respondent or person named or admitted as
				  a party, or properly seeking and entitled as a right to be a party in a formal
				  disciplinary proceeding; or
(b)
				  Administrative prosecutor from the Office of the Attorney General presenting a
				  case on behalf of the Board.
(21) "Postdeprivation hearing" means a show
				  cause or an evidentiary 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 registrant or licensee may challenge
				  the Board's basis for issuing the order of summary suspension.
(22) "Predeprivation hearing" means a show
				  cause hearing in which the registrant or 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 that the Board may take.
(23) "Presiding officer" means the president
				  of the Board or, in the president's absence, a Board member designated by the
				  president, who:
(a) Conducts hearings before
				  the Board; and
(b) Issues
				  prehearing orders.
(24)
				  "Probation" means a sanction imposed by the Board in a public final order under
				  which the registrant or licensee is:
(a)
				  Monitored by the Board for a period of time; and
(b) Required to comply with certain
				  conditions in order to avoid further disciplinary action.
(25) "Public record" 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.
(26) "Recommended decision" means a nonpublic
				  record issued to the Board by an administrative law judge which sets out
				  proposed findings of fact, proposed conclusions of law, a proposed sanction, or
				  any combination of these actions.
(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 the case.
(28) "Registrant"
				  means the holder of a:
(a) Pharmacy
				  technician registration issued by the Board ; or
(b) Pharmacy intern registration issued by
				  the Board.
(29)
				  "Respondent" means a registrant or licensee subject to the jurisdiction of the
				  Board, who has been:
(a) Given formal notice
				  of allegations concerning violations of the Maryland Pharmacy Act;
				  and
(b) Notified as to the possible
				  imposition of sanctions or a summary suspension.
(30) "Revocation" means the removal of a
				  registrant's registration or licensee's license or permit.
(31) "Sanction" means an action by the Board
				  which:
(a) Reprimands;
(b) Places on probation;
(c) Fines; or
(d) Suspends or revokes a registration,
				  license, or permit.
(32)
				  "Show cause hearing" means a nonevidentiary hearing in which the registrant or
				  licensee may demonstrate to the Board why the Board should not issue a proposed
				  order or continue to take an action that the Board may take.
(33) "Summary suspension" means the
				  indefinite suspension of a registration or license under State Government
				  Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, issued if the Board believes emergency action is
				  necessary to protect the public health, safety, or welfare.
(34) "Suspension" means the temporary denial
				  of the right to use a registration, license, or permit and is usually defined
				  by:
(a) A specified period of time;
(b) Specific dates; or
(c) Specific conditions.