Md. Code Regs. 10.38.05.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.38.05.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative law judge" means the hearing officer assigned to preside over a hearing in a case which the Board has delegated to the Office of Administrative Hearings pursuant to State Government Article, § 10-205, Annotated Code of Maryland.

(2) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges issued by the Board.

(3) "Board" means the State Board of Physical Therapy Examiners.

(4) "Case resolution conference" means a voluntary, informal, and confidential meeting between the parties to a contested case and the Board's case resolution conference committee to discuss possible settlement of a disciplinary matter pending before the Board.

(5) "Case resolution conference committee" means a committee comprised of one or more members of the Board who make recommendations to the Board regarding settlement of disciplinary matters.

(6) "Cease and desist order" means a public letter issued by the Board ordering:

(a) A licensee to cease doing a specified activity; or

(b) An unlicensed person to cease the unauthorized practice of physical therapy.

(7) "Charges" means a nonpublic record issued by the Board which:

(a) Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Physical Therapy Act;

(b) Sets forth sections of the Maryland Physical Therapy Act that the Board believes were violated; and

(c) Provides notice to the licensee of disciplinary proceedings before the Board.

(8) "Complaint" means an allegation:

(a) That a licensee may have violated the Maryland Physical Therapy Act; and

(b) Which may be grounds for an investigation or disciplinary action by the Board.

(9) "Consent order" means a final order issued by the Board that has been negotiated and agreed to by both the licensee and the Board to resolve a formal disciplinary action.

(10) "Contested case" means a proceeding conducted pursuant to the Administrative Procedure Act.

(11) "Final order" means a public record issued by the Board resolving a formal disciplinary action, either by consent or after an adjudication, which:

(a) Denies a license;

(b) Sanctions by reprimand, probation, fine, or suspension or revocation of a license;

(c) Summarily suspends a license;

(d) Dismisses charges;

(e) Surrenders a license;

(f) Resolves the contested case by consent of the parties; or

(g) Takes any other action that the Board is authorized to do by law.

(12) "Formal disciplinary action" means action taken by the Board that:

(a) Is initiated by charges or a notice of initial denial;

(b) Is resolved by a consent order;

(c) Results in a summary suspension; or

(d) Results in a letter of surrender.

(13) "Hearing committee" means a committee of three or more members of the Board which conducts hearings.

(14) "Informal action" means that the Board closes a case, without any formal disciplinary action or without issuing a final order, by sending the licensee a:

(a) Letter of education; or

(b) Letter of admonishment.

(15) Letter of Admonishment.

(a) "Letter of admonishment" means an informal action taken by the Board consisting of a nonpublic letter closing the case when the Board believes a licensee has engaged in conduct which violated the Maryland Physical Therapy Act.

(b) "Letter of admonishment" may include a letter of agreement in which a licensee agrees to satisfy certain conditions in lieu of the Board issuing charges.

(16) Letter of Education.

(a) "Letter of education" means an informal action taken by the Board consisting of a nonpublic letter in which the Board:

(i) Closes the case when the Board does not believe that the licensee's conduct rose to the level of a violation of the Maryland Physical Therapy Act; and

(ii) Educates the licensee regarding the laws and standards of the practice of physical therapy.

(b) "Letter of education" may include a letter of agreement in which a licensee agrees to satisfy certain conditions.

(17) "Letter of surrender" means a public record accepted by the Board in which the licensee agrees to surrender the licensee's license, which may include conditions for the Board's acceptance of the surrender as a resolution of the case.

(18) "Licensee" means the holder of a license issued by the Board of Physical Therapy Examiners.

(19) "Maryland Physical Therapy Act" means Health Occupations Article, Title 13, Annotated Code of Maryland.

(20) "Notice of initial denial" means a nonpublic record issued by the Board by which an applicant or licensee is notified that the Board intends to deny a license, change a licensure status, or change some other benefit sought by the licensee.

(21) "Party" means:

(a) The respondent or any person named or admitted as a party, or properly seeking and entitled as a right to be a party in a formal disciplinary proceeding; or

(b) The administrative prosecutor from the Office of the Attorney General presenting a case on behalf of the Board.

(22) "Post-deprivation hearing" means a show cause or an evidentiary hearing scheduled by the Board after the Board has issued an order for summary suspension pursuant to State Government Article, § 10-226(c)(2), Annotated Code of Maryland, in which the licensee may challenge the Board's basis for issuing the order of summary suspension.

(23) "Predeprivation hearing" means a show cause hearing at which the licensee has an opportunity to demonstrate to the Board why it should not:

(a) Issue an order for summary suspension pursuant to State Government Article § 10-226(c)(2), Annotated Code of Maryland; or

(b) Take some other action which the Board is authorized to take.

(24) "Presiding officer" means the chair of the Board or, in the chair's absence, a Board member designated by the chair, who:

(a) Conducts hearings before the Board; and

(b) Issues prehearing orders.

(25) "Probation" means a sanction imposed by the Board in a public final order where the licensee is:

(a) Monitored by the Board for a period of time; and

(b) Required to comply with certain conditions in order to avoid further disciplinary action.

(26) "Public record" means a document that the Board is permitted or required to disclose to the public pursuant to State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

(27) "Recommended decision" means a nonpublic record issued by a hearing committee or by an administrative law judge which sets out proposed findings of fact, proposed conclusions of law, and a proposed sanction, or any combination of these items.

(28) "Recusal" means the disqualification of a member of the Board to participate in a proceeding because of interest, bias, or some other reason which may interfere with the Board member's participation in the case.

(29) "Respondent" means a licensee subject to the jurisdiction of the Board, who has been:

(a) Given formal notice of allegations concerning violations of the Maryland Physical Therapy Act; and

(b) Notified as to the possible imposition of sanctions or a summary suspension.

(30) "Revocation" means the removal of a licensee's license.

(31) "Sanction" means an action by the Board which:

(a) Reprimands;

(b) Places on probation;

(c) Fines;

(d) Suspends or revokes a license; or

(e) Disciplines by way of a consent order.

(32) "Show cause hearing" means a nonevidentiary hearing in which the licensee has the opportunity to demonstrate to the Board why the Board should not issue a proposed order or continue to take an action that the Board is legally authorized to take.

(33) "Summary suspension" means the indefinite suspension of a license pursuant to State Government Article, § 10-226(c)(2), Annotated Code of Maryland, issued if the Board believes emergency action is necessary to protect the public health, safety, or welfare.

(34) "Suspension" means the temporary denial of the right to use a license and is usually defined by:

(a) A specified period of time;

(b) Specific dates; or

(c) Specific conditions.

Md. Code Regs. 10.38.05.02

Regulation .02A amended effective November 7, 1994 (21:22 Md. R. 1878)
Regulation .02C amended effective July 12, 1999 (26:14 Md. R. 1083)
Regulations .02 repealed