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346
LAWS OF MARYLAND
Ch.8
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 most
disciplinary actions taken by the Board.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 8-313 of this subtitle.
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.
SUBTITLE 4. PROHIBITED ACTS; PENALTIES.
8-401. PRACTICING WITHOUT LICENSE.
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
AS A NURSING HOME ADMINISTRATOR IN THIS STATE UNLESS
LICENSED BY THE BOARD.
REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of Art. 43, § 768, as that sentence
applies to practicing without a license and from
Art. 43, § 776(a)(3), as that item applies to
practicing without a license.
The phrase "attempt to practice" is added to
conform to similar provisions governing other
health occupations in present Art. 43. See,
e.g., Art. 43, § 489(a), as to podiatrists.
The present reference to an individual being
licensed and "registered" to practice is deleted
to conform with changes in terminology made
throughout this title. See the General Revisor's
Note to this title.
In this section and throughout this title,
present references to a "temporary" license are
deleted as obsolete. See the General Revisor's
Note to this title.
The provisions of present Art. 43, §§ 768 and
776(a)(3) that refer to a prohibition against an
unlicensed person representing that the person is
a licensed nursing home administrator now appear
as § 8-402 of this subtitle.
As to the referenced exceptions, see §§ 8-102 and
8-301 of this title.
8-402. MISREPRESENTATION AS A LICENSED NURSING HOME
ADMINISTRATOR.
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