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Session Laws, 1988
Volume 770, Page 5414   View pdf image
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                      VETOES

(ii) Allowed the license issued by the state or
country to expire or lapse;

[(27)] (26) Knowingly fails to report suspected child
abuse in violation of § 5-903 of the Family Law Article; [or]

[(28)] (27) Fails to educate a patient being treated
for breast cancer of alternative methods of treatment as required
by § 20-113 of the Health - General Article; OR

(28) SELLS, PRESCRIBES, GIVES AWAY, OR ADMINISTERS

DRUGS FOR ILLEGAL OR ILLEGITIMATE THERAPEUTIC INAPPROPRIATE

ILLEGITIMATE MEDICAL PURPOSES.

(B) (1) SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT, THE
BOARD SHALL ORDER THE SUSPENSION OF A LICENSE IF THE LICENSEE IS
CONVICTED OF OR PLEADS GUILTY OR NOLO CONTENDERE WITH RESPECT TO
A CRIME INVOLVING MORAL TURPITUDE, WHETHER OR NOT ANY APPEAL OR
OTHER PROCEEDING IS PENDING TO HAVE THE CONVICTION OR PLEA SET
ASIDE.

(2) AFTER COMPLETION OF THE APPELLATE PROCESS IF THE
CONVICTION HAS NOT BEEN REVERSED OR THE PLEA HAS NOT BEEN SET
ASIDE WITH RESPECT TO A CRIME INVOLVING MORAL TURPITUDE, THE
BOARD SHALL ORDER THE REVOCATION OF A LICENSE SUBJECT TO THE
HEARING PROVISIONS OF § 14-505 OF THIS SUBTITLE.

14-505.

(a)  Except as otherwise provided in the Administrative
Procedure Act, before the [Commission] BOARD takes any action
under § 14-504 of this subtitle OR § 14-303, § 14-303.1, OR §
14-303.2 OF THIS TITLE, it shall give the individual against whom
the action is contemplated an opportunity for a hearing before
[the Commission] A HEARING OFFICER.

(b)  The [Commission] HEARING OFFICER shall give notice and
hold the hearing in accordance with the [Administrative
Procedure Act] SAME RULES OF LAW, EVIDENCE AND PROCEDURE AS ARE
APPLICABLE TO THE ATTORNEY GRIEVANCE COMMISSION UNDER SUBTITLE DV
OF THE MARYLAND RULES OF PROCEDURE EXCEPT THAT FACTUAL FINDINGS
SHALL BE SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.

(c)  The individual may be represented at the hearing by
counsel.

(d)  If after due notice the individual against whom the
action is contemplated fails or refuses to appear, nevertheless
the [Commission] HEARING OFFICER may hear and [determine the
matter] REFER THE MATTER TO THE BOARD FOR DISPOSITION.

- 5414 -

 

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Session Laws, 1988
Volume 770, Page 5414   View pdf image
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