§ 4-318.1
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/md/health-occupations/4-318-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§4–318.1.
(a)The Board may order the summary suspension of a license if the Board determines there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.
(1)Except as provided in paragraph
(3)of this subsection, based on information gathered during an investigation or otherwise provided to the Board, the Board shall issue a notice of intent to summarily suspend a license before executing an order of summary suspension that includes:
(i)A proposed order of summary suspension, that is unexecuted and includes:
1. The statutory authority for the proposed action;
2. The factual allegations on which the Board has based its determination that there is a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and
3. Notice to the licensee of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and
(ii)An order or a summons to appear before the Board to show cause why the Board should not execute the order of summary suspension that provides notice to the licensee of the consequences of failing to appear.
(2)If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause as to why the respondent’s license should not be suspended before the Board executes the order of summary suspension.
(3)The Board may order the summary suspension of a license without first issuing a notice of intent to summarily suspend a license or providing a licensee with an opportunity for a pre–deprivation hearing if:
(i)The Board determines that the public health, safety, and welfare require the immediate suspension of the license without prior notice and an opportunity to be heard; and
(ii)The licensee is provided with an opportunity for a hearing before the Board at the Board’s next regularly scheduled meeting but not to exceed 30 days from the date of the licensee’s request.
(c)The Board shall issue a final decision on a summary suspension within 60 days after the final day of an evidentiary hearing held under § 4–318 of this subtitle, if applicable.
(1)If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, after the show cause hearing under subsection (b)(2) of this section, the Board may vote to:
(i)Order a summary suspension;
(ii)Deny the summary suspension;
(iii)Enter into an order agreed on by the parties; or
(iv)Enter into any interim order warranted by the circumstances of the case, including an order to stay the summary suspension subject to specified conditions.
(2)If the Board orders a summary suspension before a show cause hearing under subsection (b)(2) of this section, at the conclusion of a subsequent hearing, the Board may vote to:
(i)Affirm its order of summary suspension;
(ii)Rescind the order for summary suspension;
(iii)Enter into an order agreed on by the parties; or
(iv)Enter into any interim order warranted by the circumstances of the case, including an order to stay the summary suspension subject to specified conditions.