300

LAWS OF MARYLAND

Ch.8

While present Art. 43, § 299 applies only to
registered nurses and licensed practical nurses,
to conform with the revision of the disciplinary
and review provisions in §§ 7-312 and 7-314 of
this subtitle, the Commission to Revise the
Annotated Code has extended these provisions to
cover licensed nurse midwives.

Subsection (a) of this section is standard
language added to this and similar provisions
throughout this article to state expressly that a
person is entitled to a hearing before the Board
takes disciplinary action against the person.

In subsection (a) of this section, the
introductory language "{e}xcept as otherwise
provided in the Administrative Procedure Act" is
new language added to clarify that the Board may
summarily take action against an individual under
certain circumstances. See Art. 41, § 250A(c) of
the Code.

Subsection (e) of this section is new language
added to clarify that the Board may proceed with
the ex parte hearing if the accused person has
been given due notice.

Subsections (c) and (d) of this section include
only those provisions that appear to add to the
provisions of the Administrative Procedure Act.
Thus, in subsection (c) of this section, the
present references to the rights to file a
"complaint under oath or affirmation with the
Board", to fixing "a time and place for a
hearing", and to serving "a copy of the complaint
... on the accused" are deleted as essentially
repetitious of rights already provided in the
Administrative Procedure Act.

As to subsection (d) of this section, the
statement that the person may appear with counsel
is implicit in the scheme of the Administrative
Procedure Act; however, since this provision is
stated explicitly in the second sentence of
present Art. 43, § 299(c), it is retained in this
section.

As to the first sentence of present Art. 43, §
299(c), as that sentence applies to judicial
review, see § 7-314 of this subtitle.

As to the Administrative Procedure Act, see Art.
41, § 244 et seq. of the Code.

As to the issuance of subpoenas and
administration of oaths for the conduct of a