HARRY HUGHES, Governor

661

Items (1) and (2) of this section are new
language added to conform to similar provisions
governing other health occupations in present
Art. 43. They state fundamental grounds for
disciplining a health practitioner. For examples
of such provisions in the present law, see
present Art. 43, § 130(h)(1), as to physicians,
and present Art. 43, § 266A(c)(1)(iii), as to
pharmacists.

In item (7) of this section, a reference to the
code of ethics adopted under § 16-311 of this
subtitle is substituted for "unprofessional
conduct as defined by the rules established by
the Board". This substitution clarifies the
relationship between the code of ethics and the
power of the Board to discipline those
psychologists it certifies. It also reflects the
interpretation given the present law by the Board
in its rules and regulations.

The General Assembly may wish to consider
amending item (4) of this section. That item and
the present provision — Art. 43, § 636(a)(2) —
provide it is a ground for action under this
section that a psychologist "has been" addicted
to a narcotic or habitually intoxicated. The
Commission to Revise the Annotated Code believes
it to be anomalous that an individual who no
longer has either of these conditions, but who
has had either in the past, may be subject to
suspension, revocation, or the like, under this
section.

16-313. SAME -- HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
16-312 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE BOARD.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

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

(C)  SPECIFIC NOTICE REQUIREMENTS.

THE HEARING NOTICE TO BE GIVEN TO THE INDIVIDUAL SHALL
BE SERVED PERSONALLY OR BY REGISTERED MAIL TO THE LAST KNOWN
ADDRESS OF THE INDIVIDUAL AT LEAST 10 DAYS BEFORE THE
HEARING.