2058 Laws of Maryland Ch. 736
(16) Gross and willful and continued overcharging for profes-
sional services; including filing of false statements for collection of
fees for which services are not rendered.
(17) Offering, undertaking or agreeing to cure or treat disease
by a secret method, procedure, treatment or medicine.
(18) Professional or mental incompetency.
(i) Subpoenas; oaths.—The Commission may issue subpoenas and
administer oaths in connection with any investigation, hearing, or
proceeding under this section.
(j) Hearing before Commission; right to counsel.—Any phy-
sician who has a case referred to the Commission on Medical
Discipline may appear in person before the Commission at a hearing
duly convened to consider the case, at which time he may be rep-
resented by counsel; all proceedings of the Commission shall be sub-
ject to the provisions of the Administrative Procedures Act in Ar-
ticle 41 of this Code.
(k) Procedure upon finding of guilty.—If a majority of the mem-
bers 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 of-
fice 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.
(1) Procedure upon finding of not guilty.—If the license holder
is found not guilty, the Commission forthwith shall order a dis-
missal of the charges and the exoneration of the accused, and no
further action may be taken by the Commission on the charges
involved. After a finding of not guilty, the Commission shall ex-
punge all records about it.
(m) Revocation or suspension of license; stay pending judicial
review.—The filing by the Commission in the office of the Board of
Medical Examiners of a certificate or order of revocation or sus-
pension, 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 medicine 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 li-
censee seeks judicial review of the Commission's decision pursuant
to the provisions of this section, the revocation or the period of
suspension shall be stayed and shall not be effective or commence to
run until final judgment has been entered in any proceeding in-
stituted under the provisions of this section and the licensee's
judicial remedies exhausted hereunder.
(n) Contents of certificate or order of revocation or suspension;
retention as permanent record.—The certificate or order of revoca-
tion 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 the revocation or suspension,
and shall be retained as a permanent record by the Board of Medical
Examiners as well as by the Commission.
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