Ch. 422

1993 LAWS OF MARYLAND

(18)    IS HABITUALLY INTOXICATED;

(19)    IS ADDICTED TO, OR HABITUALLY ABUSES, ANY NARCOTIC OR
CONTROLLED DANGEROUS SUBSTANCE AS DEFINED IN ARTICLE 27 OF THE CODE;

(20)    FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION
CONDUCTED BY THE BOARD; OR                                                                       

(21)    IS EXPELLED FROM THE REHABILITATION PROGRAM ESTABLISHED
PURSUANT TO § 8-208 OF THIS TITLE FOR FAILURE TO COMPLY WITH THE
CONDITIONS OF THE PROGRAM. '

(b) IF, AFTER A HEARING UNDER § 8-317 OF THIS SUBTITLE, THE BOARD
FINDS THAT THERE ARE GROUNDS UNDER SUBSECTION (A) OF THIS SECTION TO
SUSPEND OR REVOKE A LICENSE TO PRACTICE REGISTERED NURSING OR LICENSED
PRACTICAL NURSING, TO REPRIMAND A LICENSEE, OR PLACE A LICENSEE ON
PROBATION, THE BOARD MAY IMPOSE A PENALTY NOT EXCEEDING $5,000:

(1) INSTEAD OF SUSPENDING THE LICENSE; OR

(2) IN ADDITION TO SUSPENDING OR REVOKING THE LICENSE,
REPRIMANDING THE LICENSEE, OR PLACING THE LICENSEE ON PROBATION.

(C) An individual whose license has been suspended or revoked by the Board shall
return the license to the Board. However, if the suspended or revoked license has been
lost, the individual shall file with the Board a verified statement to that effect.

[(c)] (D) The Board shall file a notice for publication in the earliest publication of
the Maryland Register of each revocation or suspension of a license under this section
within 24 hours of the revocation or suspension.

8-317.

(a)     Except as otherwise provided in the Administrative Procedure Act, before the
Board takes any action under § 8-312, § 8-316, or § 8-404 of this title, it shall give the
person against whom the action is contemplated an opportunity for a hearing before the
Board.

8-505.                                                                                           

(b)     If a nurse administrator, registered nurse, or licensed practical nurse has
reason to know that a licensee has committed an action or has a condition that might be
grounds for reprimand or probation of the licensee or suspension or revocation of the
license under § 8-316 of this title because the licensee is alcohol impaired or drug
impaired, the nurse administrator, registered nurse, or licensed practical nurse is not
required to report the licensee to the Board if:

(1) The nurse administrator, registered nurse, or licensed practical nurse
knows that the licensee is in an alcohol or drug treatment program that is accredited by
the Joint Commission on the Accreditation of [Hospitals] HEALTH CARE
ORGANIZATIONS, is certified by the Department, or is under the care of a health care
practitioner who is competent and capable of dealing with alcoholism and drug abuse;
[and]

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