168

LAWS OF MARYLAND

Ch.8

revised language appears to be the broadest
construction of present Art. 32, § 11(g) that is
clearly constitutional. See 62 Op. Att'y Gen.
256 (1977).

In the introductory language of subsection (b) of
this section, the present statement that the
Board may "refuse to renew" a license for the
specified reasons is deleted as needless and
misleading. Under Art. 41, § 250A(b) of the
Administrative Procedure Act, if a licensee makes
timely application for renewal, the license does
not expire until the Board has acted on the
application and the time for appeal has run.
Under both Art. 41, § 250A(c) and § 4-317 of this
subtitle, ordinarily the Board must give the
licensee an opportunity for a hearing before
taking disciplinary action under this section.
If the Board finds grounds for disciplinary
action, it may suspend or revoke the license, and
there is no need for a power to refuse renewal.

Subsection (b)(1) of this section is new language
added to conform to similar provisions governing
other health occupations. It states a
fundamental ground for disciplining a licensee.
For examples of such provisions in the present
law, see the discussion in this revisor's note of
subsections (a)(1) and (2) and (b)(2) of this
section.

Subsection (b)(7) and (8) states expressly the
acts not otherwise expressly set put as grounds
for discipline that constitute " {n}onobservance
or infraction of any provision of this subtitle"
in present Art. 32, § 32(c). This is done for
clarity and to permit use of the organizational
pattern followed in the revision of this and the
other titles of this article.

The balance of present Art. 32, § 11(k) now
appears in § 4-502 of this title.

4-315. SAME — COMMENCEMENT OF PROCEEDINGS.

(A)  COMMENCEMENT.

ON ITS OWN INITIATIVE OR ON A WRITTEN COMPLAINT FILED
WITH THE BOARD BY ANY PERSON, THE BOARD MAY COMMENCE
PROCEEDINGS UNDER § 4-314 OF THIS SUBTITLE.

(B)  COMPLAINT TO BE IN WRITING.

IF A PERSON WHO IS NOT A MEMBER OF THE BOARD FILES A
COMPLAINT, THE COMPLAINT SHALL:

(1) BE IN WRITING;