Md. Code Regs. 15.14.02.02

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

Section 15.14.02.02 - Definitions

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

B. Terms Defined.

(1) "Abrogate" means to rescind a prior action of the Board;

(2) "Cease and desist letter" means a letter issued by the Board directing:

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

(b) An unlicensed individual to cease the unauthorized practice of veterinary medicine.

(3) "Censure" means a reprimand.

(4) "Charging document" means a nonpublic document issued by the Board as a formal disciplinary action that:

(a) Alleges conduct by a licensee that the Board considers to be a violation under the Maryland Veterinary Medicine Act;

(b) Sets forth provisions of the Maryland Veterinary Practice Act that the Board considers to have been violated; and

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

(5) "Civil penalty final order" means a public document issued by the Board containing a final order that disposes of a charging document when the licensee:

(a) Waives the right to a contested case hearing; and

(b) Pays the civil penalty sanction contained in the notice of Board action.

(6) "Complaint" means a nonpublic document or other information received by the Board that sets out conduct by a licensee that may:

(a) Violate the Maryland Veterinary Practice Act; and

(b) Be grounds for an investigation or disciplinary action by the Board.

(7) "Consent agreement and order" means a public document issued by the Board that includes a final order of the Board specifying certain Board action that has been negotiated and agreed to by both parties to resolve a disciplinary action.

(8) "Default order" means a proposed order issued by the Board upon the failure of a licensee to respond to a notice of Board action or to appear at a hearing.

(9) "Dismissal" means an action of the Board to dispose of a complaint or matter without taking any disciplinary action.

(10) "Disposition agreement" means a nonpublic formal agreement entered into with an impaired licensee in which the licensee agrees to comply with certain conditions.

(11) "Letter of admonishment" means a nonpublic document issued by the Board as an informal action containing strong recommendations to a veterinarian regarding conduct or practices that concern the Board but do not rise to a level of severity requiring disciplinary action.

(12) "Letter of advice" means a nonpublic document issued by the Board as an informal action containing educational advice to a veterinarian regarding conduct or practices that the Board finds could be improved but do not rise to a level of severity requiring disciplinary action.

(13) "Letter of surrender" means a public letter accepted by the Board in which the licensee agrees to surrender the licensee's license to practice veterinary medicine.

(14) "Mediation" means a confidential voluntary alternative dispute resolution (ADR) process offered by the Department to assist parties in resolving a dispute informally.

(15) "Modified order" means an order issued by the Board to abrogate, change, or modify an original order after consideration of facts not originally considered.

(16) "Probation" means a sanction imposed by the Board, in which the licensee is:

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

(b) Subject to certain requirements by the Board.

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

(18) "Recusal" means the removal of a member of the Board from participation in a matter because of interest, bias, or other reason.

(19) "Resolution conference" means a confidential meeting between a licensee and members of the Board to discuss possible settlement of a disciplinary matter.

(20) "Show cause hearing" means a nonevidentiary hearing before the Board in which the licensee may demonstrate to the Board why the Board should not issue a proposed order or take some other action.

(21) "Stay" means the withholding of Board action against a licensee, which stay may be subject to conditions imposed by the Board.

(22) "Stet" means the act of staying all further action in a proceeding, subject to the proceeding being reopened at a later date.

(23) "Summary suspension" means the indefinite suspension of a license under State Government Article, § 10-226, Annotated Code of Maryland, issued if the Board finds that the action is necessary to protect the health, safety, or welfare of animals or individuals.

(24) "Veterinary review committee" means a team composed of three or more members of the Board that, under Agriculture Article § 2-302.1, has the delegated authority to perform regulatory functions pertaining to veterinary practitioners under Title 2, Subtitle 3 of the Agriculture Article.

(25) "Violation of probation" means failure to comply with a requirement of probation imposed in an order of the Board.

Md. Code Regs. 15.14.02.02