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§ 2-312. Investigations

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2014

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 2. Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: October 1, 2014
MD Code, Health Occupations, § 2-312
§ 2-312. Investigations
Subpoenas, oaths
(a)(1) The Board shall investigate any alleged violation of this title.
(2) The Board may issue subpoenas, administer oaths, and examine witnesses.
Cease or desist orders or injunctive relief
(b) The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 2-314 of this subtitle or §§ 2-401 through 2-402.3 of this title.
Actions maintained in name of the State or Board
(c)(1) An action may be maintained in the name of the State or the Board to enjoin:
(i) Conduct that is a ground for disciplinary action under § 2-314 of this subtitle;
(ii) The unauthorized practice of audiology, hearing aid dispensing, or speech-language pathology; or
(iii) Aiding and abetting in the unauthorized practice of audiology, hearing aid dispensing, or speech-language pathology.
(2) An action under this subsection may be brought by:
(i) The Board, in its own name;
(ii) The Attorney General, in the name of the State; or
(iii) A State's Attorney, in the name of the State.
(3) An action under this subsection shall be brought in the county where the defendant:
(i) Resides; or
(ii) Engages in the act sought to be enjoined.
(4) Proof of actual damages or that any person is likely to sustain any damage if an injunction is not granted is not required for an action under this subsection.
(5) An action under this subsection is in addition to and not instead of disciplinary action under § 2-314 of this subtitle or criminal prosecution for the unauthorized practice of audiology, hearing aid dispensing, or speech-language pathology under §§ 2-401 through 2-402.3 of this title.

Credits

Added by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990; Acts 1992, c. 326, § 3, eff. Oct. 1, 1992; Acts 2007, c. 391, § 1, eff. Oct. 1, 2007; Acts 2014, c. 167, § 1, eff. Oct. 1, 2014.
Formerly Art. 43, §§ 804, 806.
MD Code, Health Occupations, § 2-312, MD HEALTH OCCUP § 2-312
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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