Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 12 - ADULT HEALTH
Chapter 10.12.03 - Cosmetic Surgical Facilities
Section 10.12.03.10 - Revocation of License
Universal Citation: MD Code Reg 10.12.03.10
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Secretary, for good cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.
B. The Secretary may revoke a license if the licensee:
(1) Has been convicted of a:
(a) Felony that relates to Medicaid or
Medicare; or
(b) Crime involving
moral turpitude;
(2)
Does not comply with the requirements of this chapter;
(3) Fails to comply with the standards for
the operation of a cosmetic surgical facility issued by its accreditation
organization; or
(4) Engages in
conduct that requires revocation to protect the public health, safety, or
welfare.
C. The Secretary shall also consider the following factors when deciding whether to revoke a license:
(1) The number, nature, and
seriousness of the violations;
(2)
The extent to which the violation or violations are part of an ongoing pattern
during the preceding 24 months;
(3) The degree of risk, caused by the
violation or violations, to the health, life, or safety of the patients of the
facility;
(4) The efforts made by,
and the ability of, the licensee to correct the violation or violations in a
timely manner; and
(5) Such other
factors as justice may require.
D. The Secretary shall notify the licensee in writing of the following:
(1) The effective
date of the revocation;
(2) The
reason for the revocation;
(3) The
regulations with which the licensee has failed to comply that form the basis
for the revocation;
(4) That the
licensee is entitled to a hearing if requested, and to be represented by
counsel;
(5) That the facility
shall stop providing services on the effective date of the revocation if the
licensee does not request a hearing;
(6) That the revocation shall be stayed if a
hearing is requested; and
(7) That
the licensee is required to surrender the license to the Department if the
revocation is upheld.
E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .12 of this chapter.
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