BLAIR LEE III, Acting Governor

1037

Article 41 — Governor—Executive and

Administrative Departments
Section 206A (c)
Annotated Code of Maryland
(1971 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 41 - Governor—Executive and
Administrative Departments

206A.

(c) {1) In addition to its advisory powers, the
board shall hear and determine appeals from those decisions
of the Secretary or any departments or other agencies within
the Department of Health and Mental Hygiene which are
subject to judicial review under § 255 of this article or
under any other provisions of law. Civil commitment
determinations made by Department of Health and Mental
Hygiene hearing officers pursuant to departmental
regulations governing involuntary admissions to mental
health facilities under the jurisdiction of or licensed by
the Department and departmental regulations governing
involuntary admissions to mental retardation facilities
under the jurisdiction of or licensed by the Department
shall be considered final decisions of the Department for
purposes of judicial review under this article. The board
shall also hear and determine appeals from those actions or
failures to act by any departments or agencies within the
Department of Health and Mental Hygiene for which the
Secretary, by regulations, provides for review by the board.
The board shall report at least annually to the Secretary
and its report shall incorporate a summary of appeals heard
and the determinations thereof by categories. Members of
the board may not participate in any determination nor vote
in any proceeding as to which he has, directly or indirectly,
a private interest.

(2) THE BOARD OF REVEIW DOES NOT HAVE (2)
NEITHER THE SECRETARY NOR THE BOARD OF REVIEW HAS

JURISDICTION TO CONSIDER ANY MATTER THAT INVOLVES A REVIEW

ANY DISCIPLINARY ACTION BY AGAINST ANY HEALTH CARE
PROFESSIONAL WHO IS UNDER THE JURISDICTION OF A HEALTH
PROFESSION LICENSING BOARD OR BY OF THE COMMISSION ON
MEDICAL DISCIPLINE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved April 11, 1978.