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690
LAWS OF MARYLAND
Ch.8
As to subsection (b) of this section, Art. 41, §
206A(c) of the Code exempts from the jurisdiction
of the Secretary and the Board of Review a
disciplinary action against "any health care
professional who is under the jurisdiction of a
health profession licensing board". Neither
"health care professional" nor "health profession
licensing board" is defined in the Code. The
Commission to Revise the Annotated Code
interprets Art. 41, § 206A(c) to encompass the
State Board of Sanitarian Registration and the
individuals governed by that Board. This
interpretation conforms with the general appeal
process used by other health occupation boards.
The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the
provisions of this article regarding the Board of
Review. These provisions apply in any event. No
substantive change is intended.
17-317. REINSTATEMENT OF SUSPENDED OR REVOKED
CERTIFICATION.
THE BOARD, ON THE AFFIRMATIVE VOTE OF A MAJORITY OF ITS
FULL AUTHORIZED MEMBERSHIP, MAY REINSTATE THE CERTIFICATION
OF AN INDIVIDUAL WHOSE CERTIFICATION HAS BEEN SUSPENDED OR
REVOKED.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
733(f).
The phrase "full authorized" membership is
substituted for the present term "entire"
membership to correspond to the interpretation
given this provision by the Board and to clarify
that a majority of all potential Board members
must vote. See § 17-202 of this title for the
"full authorized" membership.
The term "suspended" is added to clarify that the
broader power of the Board to reinstate revoked
licenses includes the lesser power to reinstate
suspended licenses.
SUBTITLE 4. PROHIBITED ACTS; PENALTIES.
17-401. MISREPRESENTATION AS A REGISTERED SANITARIAN
PROHIBITED.
(A) IN GENERAL.
UNLESS A PERSON IS CERTIFIED AS A REGISTERED SANITARIAN
UNDER THIS TITLE, THE PERSON MAY NOT REPRESENT TO THE PUBLIC
THAT THE PERSON IS A REGISTERED SANITARIAN.
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