254

LAWS OF MARYLAND

Ch.8

throughout this article to provide for
administrative and judicial review. The new
language is based on the combined requirements of
the Administrative Procedure Act and of the
provisions regarding the Board of Review.

The term "health care professional" is used to

distinguish individuals from funeral

establishments and corporate licensees. See Art.
41, § 206A of the Code.

The introductory language of subsection (a) and
the introductory phrase of subsection (b)(1) of
this section conform to the Administrative
Procedure Act, which provides a right of judicial
review of any "final decision" of an agency in a
"contested case". A situation is a contested
case if a party has a right to a hearing (see the
Administrative Procedure Act definition of
"contested case" in Art. 41, § 244 of the Code).

As to the application of this section, the Board
of Review has general jurisdiction over final
decisions of the Board under this title.
Therefore, for some actions, a decision of the
Board of Review is a prerequisite to judicial
review. Subsection (a) of this section reflects
that general procedure. The Board of Review,
however, does not have jurisdiction over any
disciplinary action taken by the Board against a
health care professional. Consequently,
subsection (b) of this section expressly provides
for direct judicial review for health care
professionals aggrieved under § 6-315(a) of this
subtitle.

The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the laws
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.

The provision of present Art. 43, § 355 that an
appeal may be taken to the circuit court of the
county in which the licensee resides is deleted
in light of the provision of the Administrative
Procedure Act that allows an appeal to be taken
in the county in which the licensee either
resides or has the licensee's principal place of
business.

The reference in present Art. 43, § 355 that
specifies a 20-day appeal period after an agency
decision is deleted for uniformity.