712

LAWS OF MARYLAND

Ch.8

(2)  FRAUDULENTLY OR DECEPTIVELY USES A LICENSE;

(3)  IS CURRENTLY ADJUDICATED BY A COURT TO BE
MENTALLY INCOMPETENT;

(4)  COMMITS ANY ACT OF GROSS NEGLIGENCE,
INCOMPETENCE, OR MISCONDUCT IN THE PRACTICE OF SOCIAL WORK;

(5)  KNOWINGLY VIOLATES ANY PROVISION OF THIS

TITLE;

(6)  ENGAGES IN A COURSE OF UNPROFESSIONAL
CONDUCT, AS DEFINED BY THE RULES AND REGULATIONS OF THE
BOARD; OR

(7)  VIOLATES THE CODE OF ETHICS ADOPTED AND
PUBLISHED BY THE BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
869(a).

Item (2) of this section is new language added to
conform to similar provisions governing other
health occupations in present Art. 43. It states
a fundamental ground for disciplining a licensee
— the fraudulent or deceptive use of a license.
For an example of this provision in the present
law, see present Art. 43, § 130(h)(1), as to
physicians.

In the introductory language of this section, the
phrase "deny a license to any applicant" is
standard language added to this and, where
necessary, corresponding sections in other titles
of this article to state expressly a power that
presently is only implied — that the Board may
deny a license to an applicant who violates a
disciplinary provision under this section.

Also as to the introductory language of this
section, the present statement that the Board may
"refuse to renew" a license for the specified
reasons is deleted as needless and misleading.
Under Art. 41, § 250A(b) of the Administrative
Procedure Act, if a licensee makes timely
application for renewal, the license does not
expire until the Board has acted on the
application and the time for appeal has run.
Under both Art. 41, § 250A(c) and § 18-311 of
this subtitle ordinarily the Board must give the
licensee an opportunity for a hearing before
taking disciplinary action under this section.
If the Board finds grounds for disciplinary
action, it may suspend or revoke the license, and
there is no need for a power to refuse renewal.