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PARRIS N. GLENDENING, Governor
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S.B. 375
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[(f)] (G) If, without lawful excuse, a person disobeys a subpoena from the
Board or an order by the Board to take an oath or to testify or answer a question,
then, on petition of the Board, a court of competent jurisdiction may punish the
person as for contempt of court.
[(g)] (H) If after due notice the individual against whom the action is
contemplated fails or refuses to appear, nevertheless the Board may hear and
determine the matter.
10-317.1.
(A) AN ACTION MAY BE MAINTAINED IN THE NAME OF THE STATE OR THE
BOARD TO ENJOIN:
(1) THE UNAUTHORIZED PRACTICE OF OCCUPATIONAL THERAPY OR
LIMITED OCCUPATIONAL THERAPY; OR
(2) CONDUCT THAT IS GROUNDS FOR DISCIPLINARY ACTION UNDER §
10-315 OF THIS TITLE.
(B) AN ACTION UNDER THIS SECTION MAY BE BROUGHT BY:
(1) THE BOARD;
(2) THE ATTORNEY GENERAL, IN THE NAME OF THE STATE; OR
(3) A STATE'S ATTORNEY IN THE NAME OF THE STATE.
(C) AN ACTION UNDER THIS SECTION MAY BE BROUGHT IN THE COUNTY
WHERE:
(1) THE DEFENDANT RESIDES; OR
(2) THE DEFENDANT ENGAGED IN THE ACT SOUGHT TO BE ENJOINED.
(D) PROOF THAT DAMAGE OR POSSIBLE DAMAGE WILL BE INCURRED IF AN
INJUNCTION IS NOT GRANTED IS NOT REQUIRED FOR AN ACTION UNDER THIS
SECTION.
(E) AN ACTION UNDER THIS SECTION DOES NOT PRECLUDE A CRIMINAL
PROSECUTION FOR THE UNAUTHORIZED PRACTICE OF OCCUPATIONAL THERAPY
UNDER § 10-401 OF THIS TITLE OR DISCIPLINARY ACTION UNDER § 10-315 OF THIS
SUBTITLE.
10-319.
(a) In this section, ["occupational therapist rehabilitation committee"]
"IMPAIRED OCCUPATIONAL THERAPIST PROFESSIONALS COMMITTEE" means a
committee that:
(1) Is defined in subsection (b) of this section; and
(2) Performs any of the functions listed in subsection (d) of this section.
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