548

LAWS OF MARYLAND

Ch.8

The introductory language to subsection (a) and
the introductory phrase to subsection (b)(1) of
this section conform to the language of 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 subtitle.
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.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 13-315 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.

SUBTITLE 4. PROHIBITED ACTS; PENALTY.

13-401. PRACTICING WITHOUT LICENSE.

(A)  PRACTICING PHYSICAL THERAPY.

EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
PHYSICAL THERAPY IN THIS STATE UNLESS LICENSED TO PRACTICE
PHYSICAL THERAPY BY THE BOARD.

(B)  PRACTICING LIMITED PHYSICAL THERAPY.

EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
LIMITED PHYSICAL THERAPY IN THIS STATE UNLESS LICENSED TO
PRACTICE LIMITED PHYSICAL THERAPY BY THE BOARD.

REVISOR'S NOTE: This section is new language derived in
part from the first sentence of Art. 43, § 613,
as that sentence applies to prohibiting a person
from practicing physical therapy or limited
physical therapy without a license. In addition,
the references to "attempt" and "offer" to
practice physical therapy or limited physical