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§ 14-206. Subpoena and contempt power of Board

West's Annotated Code of MarylandHealth OccupationsEffective: May 8, 2020

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 14. Physicians (Refs & Annos)
Subtitle 2. State Board of Physician Quality Assurance (Refs & Annos)
Effective: May 8, 2020
MD Code, Health Occupations, § 14-206
§ 14-206. Subpoena and contempt power of Board
In general
(a) Over the signature of an officer, the executive director, or the deputy director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
Contempt of court
(b) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
Absence of individual
(c) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Right to enter
(d)(1) If the entry is necessary to carry out a duty under this title, the Board's executive director or other duly authorized agent or investigator of the Board may enter at any reasonable hour:
(i) A place of business of a licensed physician; or
(ii) Public premises.
(2) A person may not deny or interfere with an entry under this subsection.
(3) A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
Cease and desist orders, injunctions
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive relief against an individual for:
(1) Practicing a profession regulated under this title or Title 15 of this article without a license;
(2) Representing to the public, by title, description of services, methods, procedures, or otherwise, that the individual is authorized to practice:
(i) Medicine in this State, in violation of § 14-602 of this title;
(ii) Respiratory care in this State, in violation of § 14-5A-21 of this title;
(iii) Radiation therapy, radiography, nuclear medicine technology, or radiation assistance in this State, in violation of § 14-5B-18 of this title;
(iv) Polysomnography in this State, in violation of § 14-5C-21 of this title;
(v) Athletic training in this State, in violation of § 14-5D-17(3) of this title;
(vi) Perfusion in this State, in violation of § 14-5E-21 of this title;
(vii) Naturopathic medicine in this State, in violation of § 14-5F-30 of this title; or
(viii) As a physician assistant in this State, in violation of § 15-402 of this article; or
(3) Taking any action:
(i) For which a disciplinary panel determines there is a preponderance of evidence of grounds for discipline under § 14-404 of this title; and
(ii) That poses a serious risk to the health, safety, and welfare of a patient.
Regulations
(f) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for noncompliance with a cease and desist order.

Credits

Added as Health Occupations § 14-205.1 by Acts 1984, c. 772, § 1, eff. July 1, 1984. Renumbered as Health Occupations § 14-206 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1990, c. 237, § 1, eff. July 1, 1990; Acts 1992, c. 271, § 1, eff. July 1, 1990; Acts 1993, c. 627, § 2, eff. July 1, 1993; Acts 2007, c. 539, § 1, eff. June 1, 2007; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2013, c. 596, § 1, eff. Oct. 1, 2013; Acts 2013, c. 597, § 1, eff. Oct. 1, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.
MD Code, Health Occupations, § 14-206, MD HEALTH OCCUP § 14-206
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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