594

LAWS OF MARYLAND

Ch.8

In light of Roe, Doe, and Vuitch, supra, the
Attorney General stated "that any mandated State
Board of Health and Mental Hygiene licensing
procedure for a hospital or other facility where
abortions must be performed during the first
trimester of pregnancy would fail to pass
constitutional scrutiny". 58 Op. Att'y Gen. 379,
381 (1973).

The attention of the General Assembly is called
to present Art. 43, § 130(h)(20) — now item (23)
of this section — which sets out as a ground for
disciplinary action: the "{f}ailure to meet
appropriate standards for the delivery of quality
surgical care...". The provision is overly broad
since it may apply to a physician who is not a
surgeon and would not be able to meet, standards
dealing with "surgical care".

14-505. HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE COMMISSION TAKES ANY ACTION UNDER
§ 14-504 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A
HEARING BEFORE THE COMMISSION.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE COMMISSION SHALL GIVE NOTICE AND HOLD THE HEARING
IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(D)  EX PARTE HEARINGS.

IF AFTER DUE NOTICE THE INDIVIDUAL AGAINST WHOM THE
ACTION IS CONTEMPLATED FAILS OR REFUSES TO APPEAR,
NEVERTHELESS THE COMMISSION MAY HEAR AND DETERMINE THE
MATTER.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
130(j) and the second clause of the first
sentence of (m).

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 Commission
may summarily take action against an individual