Ch. 615

1997 LAWS OF MARYLAND

(23)   Is disciplined by a licensing or disciplinary authority of any [other] state
or country or convicted or disciplined by a court of any state or country for an act that
would be grounds for disciplinary action under the Board's disciplinary statutes;

(24)   Violates any rule or regulation adopted by the Board;

(25)   Refuses, withholds from, denies, or discriminates against an individual
with regard to the provision of professional services for which the licensee is licensed and
qualified to render because the individual is HIV positive; [or]

(26)   Violates any provision of [§ 12-512] § 12-507 of this title[.];

(27)    PROVIDES OR CAUSES TO BE PROVIDED CONFIDENTIAL PATIENT
INFORMATION TO ANY PERSON WITHOUT FIRST HAVING OBTAINED THE PATIENT'S
CONSENT, AS REQUIRED BY § 12-403(B)(13) OF THIS TITLE AND BY TITLE 4, SUBTITLE
3 OF THE HEALTH - GENERAL ARTICLE; OR

(28)    FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION
CONDUCTED BY THE BOARD OR THE DIVISION OF DRUG CONTROL

12-314.

(a)     If after a hearing under § 12-315 of this subtitle the Board finds that there are
grounds under § 12-313 of this subtitle to REPRIMAND ANY LICENSEE, PLACE ANY
LICENSEE ON PROBATION, OR suspend or revoke a license, the Board may impose a
penalty not exceeding [ $5,000] $50,000 $10.000:

(1)     Instead of REPRIMANDING THE LICENSEE, PLACING THE LICENSEE
ON PROBATION, OR suspending OR REVOKING the license; or

(2)     In addition to REPRIMANDING THE LICENSEE, PLACING THE
LICENSEE ON PROBATION, OR suspending or revoking the license.

(b)     The Board shall adopt rules and regulations to set standards for the
imposition of penalties under this section.

(c)     The Board shall pay any penalty collected under this section into the General
Fund of this State.

12-315.

(a)     Except as otherwise provided in the Administrative Procedure Act, before the
Board takes any action under § 12-313 of this subtitle, it shall give the individual against
whom the action is contemplated an opportunity for a hearing before the Board.

(b)     The Board shall give notice and hold the hearing in accordance with the
Administrative Procedure Act.

(c)     The hearing notice to be given to the individual shall be sent by certified mail,
return receipt requested, bearing a postmark from the United States Postal Service, to the
last known address of the individual at least 20 days before the hearing.

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

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