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10.26.04.00.htm 10.26.04.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 26 BOARD OF ACUPUNCTURE Chapter 04 Rules of Procedure for Board Hearings Authority: Health Occupations Article, §1A-205, 1A-309, 1A-310, and 1A-314; State Government Article, §10-206; Annotated Code of Maryland
10.26.04.01.htm 10.26.04.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Acupuncture Board and establishes the standards for use as a guide for the imposition of disciplinary sanctions against any Maryland licensed acupuncturist or any registered auricular detoxification specialist if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §1A–309, Annotated Code of Maryland, to place a licensee or registered auricular det
10.26.04.02.htm 10.26.04.02. 02 Definitions.. 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 3) "Administrative prosec
10.26.04.03.htm 10.26.04.03. 03 Confidentiality of Proceedings.. A. Except as otherwise provided by law, the proceedings of the Board are confidential. The confidentiality may not be waived by the parties.B. Office of Administrative Hearing proceedings involving the adjudication of a Board contested case and the administrative law judge's recommended decision are confidential, and the respondent may not waive the confidentiality of the proceedings or of the patients whose medical records or care are
10.26.04.04.htm 10.26.04.04. 04 Representation by Counsel.. A. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings.B. If the matter goes to a hearing, a respondent shall be represented by the respondent, or by an attorney who is admitted to the Maryland Bar or specially admitted to practice law pursuant to Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14, Annotated Code of Maryland.C. An administrative pros
10.26.04.05.htm 10.26.04.05. 05 Proceedings Under Health Occupations Article, §1A-309, Annotated Code of Maryland.. A. Investigation of Complaints.. 1) The Board executive director may make a preliminary review of each complaint and may recommend to the Board that cases involving complaints over which the Board has no jurisdiction be closed.2) The Board's complaint review committee shall review complaints over which the Board has jurisdiction and make a recommendation to the Board as to t
10.26.04.06.htm 10.26.04.06. 06 Sanctions, Hearings, and Final Order.. A. Surrender of License.. 1) If a respondent offers to surrender licensure after the initiation of an investigation, before or after service of charges, or instead of any or further disciplinary action, the Board may require conditions for the surrender of the license.2) The Board may require conditions for surrender of a license, including, but not limited to:. a) The admission of a violation of the Maryland Acupuncture Act;.
10.26.04.07.htm 10.26.04.07. 07 Summary Suspension of a License.. A. Under State Government Article, §10-226(c)2) Annotated Code of Maryland, the Board may order the summary suspension of a license if it 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 may vote to issue:
10.26.04.08.htm 10.26.04.08. 08 Probation and Violation of Probation Proceedings.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board determines to be appropriate, including:1) Reeducation or completion of approved courses;. 2) Payment of a fine;. 3) Donation to an approved institution providing acupuncture services for the poor, indigent, or handicapped;4) Providing free acupuncture services in a Board-approved program;.
10.26.04.09.htm 10.26.04.09. 09 Reinstatement of a License.. A. Petition for Reinstatement.. 1) A licensee who seeks reinstatement after suspension, revocation, or surrender of a license, or whose reinstatement involves a disciplinary issue, shall petition the Board for reinstatement.2) The Board may not consider a petition for reinstatement after the revocation of a license before 1 year after the effective date of the revocation, unless otherwise specified in the final order.3) A licensee who petitio
10.26.04.10.htm 10.26.04.10. 10 Sanctioning Guidelines.. A. General Application.. 1) This regulation shall be used by the Board as a guide for sanctioning licensees pursuant to its authority under Health Occupations Article, §1A-205 and 1A-309, Annotated Code of Maryland, for violations of the Acupuncture Act and the Board's regulations.2) The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning gui3) A departure from the s
10.26.04.11.htm 10.26.04.11. 11 Judicial Review.. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §1A-311, and State Government Article, §10-222, Annotated Code of Maryland.
10.26.04.12.htm 10.26.04.12. 12 Imposition of Penalties.. A. The Board may impose a civil monetary penalty instead of or in addition to a disciplinary sanction authorized by Health Occupations Article, §1A-309, Annotated Code of Maryland.B. Practicing on an Expired License.. 1) The Board may impose a civil fine against an acupuncturist who practices acupuncture on an expired license in the amount of $100 per day not to exceed $5,000.2) The Board may not impose a fine under §B(1) of this regulation against a
10.26.04.13.htm 10.26.04.13. 13 Consideration and Notice of Board Files.. In any matter governed by this chapter, the Board may consider or take official notice, or both, of any information contained in the Board's files.
10.26.04.14.htm 10.26.04.14. 14 Hearing Costs.. A. If, after a hearing, a licensee is found to have violated provisions of Health Occupations Article, §1A-309, Annotated Code of Maryland, the Board shall impose a fee on the licensee that shall approximate the Board's cost of bringing the proceedings against the licensee.B. The hearing costs may include any or all of the following expense items:. 1) Services rendered by court reporters;. 2) Transcriptions of the hearing record by court reporters;.
10.26.04.9999.htm 10.26.04.9999. Administrative History Effective date: July 22, 2002 (29:14 Md. R. 1075) ―. Chapter revised effective February 20, 2012 (39:3 Md. R. 259). Regulation .12 amended effective April 13, 2015 (42:7 Md. R. 569).
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