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Session Laws, 1968
Volume 683, Page 869   View pdf image
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SPIRO T. AGNEW, Governor                          869

(i) Immunity from Suit; All persons acting as members of au-
thorized committees of the Medical and Chirurgical Faculty of the
State of Maryland and its component societies or as the Commission
shall be immune from suit in any
action, at law or equity, based upon
any disciplinary proceedings or other official acts in the furtherance
hereof and performed in good faith.

(j) (I) Subpoena. The Commission may issue subpoenas and ad-
minister oaths in connection with any investigation, hearing or pro-
ceeding under this section.

(k) (J) Hearing and attorney rights. Any physician who has a
case referred to the Commission on medical discipline may
MEDICAL
DISCIPLINE SHALL HAVE THE RIGHT TO appear in per-
son before the Commission at a hearing duly convened
TO CON-
SIDER SAID CASE, at which time he may be represented by coun-
sel; all proceedings of the Commission shall be subject to the pro-
visions of the Administrative Procedures Act in Article 41 of this
Code.

(l) (K) Certificate of revocation or suspensionReprimand. If a
majority of the members of the Commission find the accused guilty of
unprofessional conduct as specified in the charges, the Commission
shall prepare written finding of fact and may thereafter prepare and
file in the office of the Board of Medical Examiners a certificate or
order of revocation, suspension, or reprimand, in which case notice
thereof shall be served upon the accused forthwith.

(m) (L) Dismissal of chargesExoneration. If the license holder
is found not guilty, the Commission shall forthwith order a dismissal
of the charges and the exoneration of the accused, and no further
action may be taken by the Commission on the charges involved.
AFTER SUCH FINDING OF NOT GUILTY, THE COMMISSION
SHALL EXPUNGE ALL RECORDS.

(n) (M) Revocation or suspension of licenseStay pending review.
The filing by the Commission in the office of the Board of Medical
Examiners of a certificate or order of revocation or suspension, after
due notice, hearing and findings in accordance with the procedure
specified in this section, certifying that any holder of a license has
been found guilty of unprofessional conduct by the Commission shall
constitute a revocation or suspension of the license to practice medi-
cine and surgery in this State in accordance with the terms and
conditions imposed by the Commission and embodied in the certificate
or order of revocation or suspension. If the licensee seeks judicial
review of the Commission's decision pursuant to the provisions of this
section, such revocation or the period of such suspension shall be
stayed and shall not be effective or commence to run until final
judgment has been entered in any proceeding instituted under the
provisions of this section and the licensee's judicial remedies ex-
hausted hereunder.

(o) (N) Contents of certificateRecording. The certificate or order
of revocation or suspension shall contain a brief and concise statement
of the ground or grounds upon which the certificate or order is based
and the specific terms and conditions of such revocation or suspen-
sion, and shall be retained as a permanent record by the Board of
Medical Examiners as well as by the Commission.


 

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Session Laws, 1968
Volume 683, Page 869   View pdf image
 Jump to  
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