Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.04 - Rules of Procedure for Board Hearings › Section 10.28.04.02 - 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) "Board" means the State Board of
				  Examiners in Optometry.
(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 of more
				  members of the Board who make 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 doing a specified activity; or
(b) An unlicensed individual to cease the
				  unauthorized practice of optometry.
(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 Optometry Act;
(b)
				  Sets forth sections of the Maryland Optometry 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
				  Optometry 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 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.
(11) "Contested case" means a proceeding
				  conducted pursuant to the Administrative Procedure Act.
(12) "Disposition agreement" means a formal
				  nonpublic agreement, entered into with an impaired licensee in lieu of formal
				  disciplinary action, where 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 is
				  authorized to do by law.
(14) "Imperatively requires emergency action"
				  means a finding by the Board that an emergency action be taken against a
				  licensee pursuant to 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 any formal disciplinary action or 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) Consent agreement.
(16) "Investigation" means the gathering of
				  information to assist the Board in determining whether there is reasonable
				  cause to charge a licensee with a violation of the Maryland Optometry
				  Act.
(17) Letter of Admonishment.
(a) "Letter of admonishment" means informal
				  action consisting of a nonpublic letter issued by the Board closing the case,
				  when the Board believes a licensee has engaged in conduct which violates the
				  Maryland Optometry Act.
(b) "Letter
				  of admonishment" includes admonishment of the licensee not to repeat the
				  actions.
(c) "Letter of
				  admonishment" may include an agreement that a licensee perform certain
				  conditions in lieu of the Board taking formal disciplinary action.
(18) "Letter of education" means
				  informal action consisting of a nonpublic letter:
(a) Issued by the Board when the Board does
				  not believe that conduct rose to the level of a violation of the Maryland
				  Optometry Act; and
(b) In which the
				  Board educates the licensee concerning the laws and standards of the practice
				  of optometry.
(19)
				  "Letter of surrender" means a public letter accepted by the Board in which the
				  licensee agrees to surrender the licensee's license to practice optometry,
				  which may include conditions for the Board's acceptance of the surrender as a
				  resolution of the case.
(20)
				  "Licensure" means permission to engage in a health care profession regulated by
				  the Board, which is in any form including a certificate, registration, or
				  license.
(21) "Maryland Optometry
				  Act" means Health Occupations Article, Title 11, 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, change in
				  licensure status, or some other benefit sought by the licensee.
(23) "Penalty" means a monetary or
				  administrative penalty imposed pursuant to Health Occupations Article, §
											11-314, Annotated
				  Code of Maryland.
(24)
				  "Post-deprivation hearing" means a contested case hearing scheduled by the
				  Board after the Board has issued an order for summary suspension pursuant to
				  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.
(25) "Predeprivation hearing" means a
				  non-evidentiary, show cause hearing held before the Board at which the licensee
				  has an opportunity to demonstrate to the Board why it should not:
(a) Issue an order for summary suspension
				  pursuant to 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.
(26) "Preliminary investigation"
				  means the gathering of information to be used by 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 Optometry Act.
(27)
				  "Probation" means a sanction imposed by the Board in a public final order where
				  the 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.
(28) "Prohibited act" means any conduct
				  specified in the Maryland Optometry Act which can result in sanctions or
				  penalties.
(29) "Public record"
				  means a document that the Board is permitted or required to disclose to the
				  public pursuant to the State Government Article, Title 10, Subtitle 6,
				  Annotated Code of Maryland.
(30)
				  "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, and a proposed sanction, or any combination of these
				  actions.
(31) "Recusal" means the
				  disqualification of a member of the Board to participate in a proceeding
				  because of interest, bias, or some other reason which may interfere with the
				  Board member's participation in a case.
(32) "Respondent" means a licensee, subject
				  to the jurisdiction of the Board, who has been:
(a) Given notice to answer allegations
				  concerning violations of the Maryland Optometry Act;
(b) Notified as to a potential emergency
				  suspension pursuant to State Government Article, §
												10-226(c),
				  Annotated Code of Maryland; or
(c)
				  Notified as to a potential violation of Health Occupations Article, §
												11-501, Annotated
				  Code of Maryland.
(33)
				  "Revocation" means the removal of an optometrist's license to practice
				  optometry.
(34) "Sanction" means an
				  action by the Board which:
(a)
				  Reprimands;
(b) Places on
				  probation;
(c) Fines;
(d) Suspends or revokes a license;
				  or
(e) Disciplines by a consent
				  order.
(35) "Show cause
				  hearing" means a non-evidentiary hearing held 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 is legally
				  authorized to take.
(36) "Stay"
				  means the withholding of an action ordered by the Board which may be subject to
				  certain conditions.
(37) "Summary
				  suspension" means the indefinite suspension of a license pursuant to State
				  Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, where the Board believes that the action is
				  necessary to protect the public health, safety, or welfare.
(38) "Surrender" means the voluntary
				  relinquishing of a license to practice optometry which may be subject to
				  certain conditions set by the Board.
(39) "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.