Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 34 - BOARD OF PHARMACY
Chapter 10.34.01 - Disciplinary Proceedings
Section 10.34.01.02 - Definitions
Universal Citation: MD Code Reg 10.34.01.02
Current through Register Vol. 51, No. 19, September 20, 2024
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 that the Board has
delegated to the Office of Administrative Hearings under 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
Pharmacy.
(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 letter" means a public letter issued by the Board ordering:
(a) A registrant or licensee to cease doing a
specified activity; or
(b) An
unlicensed person to cease the unauthorized practice of pharmacy or the
unauthorized operation of a pharmacy.
(7) "Charges" means a nonpublic record issued
by the Board which:
(a) Alleges conduct by a
registrant or licensee that the Board believes constitutes a violation under
the Maryland Pharmacy Act;
(b) Sets
forth sections of the Maryland Pharmacy Act that the Board believes were
violated; and
(c) Provides notice
to the registrant or licensee of disciplinary proceedings before the
Board.
(8) "Complaint"
means an allegation received by the Board that a registrant or licensee may
have violated the Maryland Pharmacy Act, and 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
registrant or licensee and the Board to resolve a formal disciplinary
action.
(10) "Contested case" means
a proceeding conducted under the Administrative Procedure Act.
(11) "Final order" means a public record
issued by the Board resolving a formal disciplinary action by consent or after
an adjudication, which:
(a) Denies a
registration or license;
(b)
Sanctions by:
(i) Reprimand;
(ii) Probation;
(iii) Fine; or
(iv) Suspension or revocation of a
registration or license;
(c) Summarily suspends a registration or
license;
(d) Dismisses
charges;
(e) Surrenders a
registration or license;
(f)
Resolves the contested case by consent of the parties; or
(g) Takes any other action that the Board may
take by law.
(12)
"Formal disciplinary action" means action taken by the Board that:
(a) Is initiated by:
(i) Charges; or
(ii) 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) "Informal action" means that the Board
closes a case, without formal disciplinary action or issuing a final order, by
sending a:
(a) Letter of education;
(b) Letter of admonishment; or
(c) Letter of agreement.
(14) "Letter of admonishment" means an
informal action taken by the Board consisting of a nonpublic letter closing the
case if the Board believes a registrant or licensee engaged in conduct that
violated the Maryland Pharmacy Act and may include a letter of agreement in
which a registrant or licensee agrees to satisfy certain conditions instead of
the Board issuing charges.
(15)
Letter of Education.
(a) "Letter of education"
means an informal action consisting of a nonpublic letter:
(i) Issued by the Board, closing the case if
the Board does not believe that the registrant's or licensee's conduct rose to
the level of a violation of the Maryland Pharmacy Act; and
(ii) In which the Board educates the
registrant or licensee regarding the laws and standards of the practice of
pharmacy or operating a pharmacy.
(b) "Letter of education" may include a
letter of agreement in which a registrant or licensee agrees to satisfy certain
conditions.
(16) Letter
of Surrender.
(a) "Letter of surrender" means
a public record accepted by the Board in which:
(i) The licensee agrees to surrender the
licensee's license or permit; or
(ii) The registrant agrees to surrender the
registrant's registration.
(b) "Letter of surrender" may include
conditions for the Board's acceptance of the surrender as a resolution of the
case.
(17) "Licensee"
means the holder of a license or permit issued by the Board.
(18) "Maryland Pharmacy Act" means Health
Occupations Article, Title 12, Annotated Code of Maryland.
(19) "Notice of initial denial" means a
nonpublic record issued by the Board by which an applicant, registrant, or
licensee is notified that the Board intends to:
(a) Change a registration or licensure
status;
(b) Deny a registration,
license, or permit; or
(c) Deny
some other benefit sought by the registrant or licensee.
(20) "Party" means the:
(a) Respondent or 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)
Administrative prosecutor from the Office of the Attorney General presenting a
case on behalf of the Board.
(21) "Postdeprivation hearing" means a show
cause or an evidentiary hearing scheduled by the Board after the Board has
issued an order for summary suspension under State Government Article, §10-226(c)(2),
Annotated Code of Maryland, in which the registrant or licensee may challenge
the Board's basis for issuing the order of summary suspension.
(22) "Predeprivation hearing" means a show
cause hearing in which the registrant or licensee has an opportunity to
demonstrate to the Board why the Board should not:
(a) Issue an order for summary suspension
under State Government Article, §10-226(c)(2),
Annotated Code of Maryland; or
(b)
Take some other action that the Board may take.
(23) "Presiding officer" means the president
of the Board or, in the president's absence, a Board member designated by the
president, who:
(a) Conducts hearings before
the Board; and
(b) Issues
prehearing orders.
(24)
"Probation" means a sanction imposed by the Board in a public final order under
which the registrant or 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.
(25) "Public record" 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.
(26) "Recommended decision" means a nonpublic
record issued to the Board by an administrative law judge which sets out
proposed findings of fact, proposed conclusions of law, a proposed sanction, or
any combination of these actions.
(27) "Recusal" means the disqualification of
a member of the Board to participate in a proceeding because of interest, bias,
or some other reason that may interfere with the Board member's participation
in the case.
(28) "Registrant"
means the holder of a:
(a) Pharmacy
technician registration issued by the Board ; or
(b) Pharmacy intern registration issued by
the Board.
(29)
"Respondent" means a registrant or licensee subject to the jurisdiction of the
Board, who has been:
(a) Given formal notice
of allegations concerning violations of the Maryland Pharmacy Act;
and
(b) Notified as to the possible
imposition of sanctions or a summary suspension.
(30) "Revocation" means the removal of a
registrant's registration or licensee's license or permit.
(31) "Sanction" means an action by the Board
which:
(a) Reprimands;
(b) Places on probation;
(c) Fines; or
(d) Suspends or revokes a registration,
license, or permit.
(32)
"Show cause hearing" means a nonevidentiary hearing in which the registrant or
licensee may demonstrate to the Board why the Board should not issue a proposed
order or continue to take an action that the Board may take.
(33) "Summary suspension" means the
indefinite suspension of a registration or license under 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 registration, license, or permit and is usually defined
by:
(a) A specified period of time;
(b) Specific dates; or
(c) Specific conditions.
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