(a) The Board shall adopt a code of ethics designed to protect the public's interest.
Denials, reprimands, probations, suspensions, and revocations
(b) Subject to the hearing provisions of § 21-313 of this subtitle, the Board, on the affirmative vote of a majority of its full authorized membership, may deny any applicant licensure, reprimand any licensee, or place any individual who is licensed on probation, or suspend or revoke a license, if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or license holder or another;
(2) Fraudulently or deceptively uses a license;
(3) Knowingly violates any provision of this title, or any rule or regulation adopted under this title;
(4) Commits any gross negligence, misfeasance, malfeasance, incompetence, or misconduct while performing the duties of an environmental health specialist;
(5) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(6) Provides professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(7) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;
(8) Willfully makes or files a false report or record while performing the duties of an environmental health specialist;
(9) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(10) Submits a false statement to collect a fee;
(11) Promotes the sale of land, devices, appliances, or goods provided for a person in such a manner as to exploit the person for financial gain of the licensed environmental health specialist;
(12) Willfully alters a sample, specimen, or any test procedure to cause the results upon analysis to represent a false finding;
(13) Violates any rule or regulation adopted by the Board;
(14) Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(15) Is professionally, physically, or mentally incompetent; or
(16) Fails to cooperate with a lawful investigation conducted by the Board.
Written, specific charges of violations
(c) Except as provided in subsection (d) of this section, any person, including a Board employee, may make a written, specific charge of a violation under this section, if the person:
(1) Swears to the charge; and
(2) Files the charge with the Board secretary.
Duty of licensed environmental health specialist to report grounds for action
(d)(1) If a licensed environmental health specialist knows of an action or condition that might be grounds for action under subsection (b) of this section, the licensed environmental health specialist shall report the action or condition to the Board.
(2) An individual shall have the immunity from liability described under § 5-702 of the Courts Article for making a report as required by this subsection.
Credits
Added as Health Occupations § 17-314 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1983, c. 390. Renumbered as Health Occupations § 5.5-312 and amended by Acts 1984, c. 560, § 1, eff. July 1, 1984. Amended by Acts Acts 1984, c. 772; Acts 1985, c. 219. Transferred as Environment § 11-312 and amended by Acts 1987, c. 306, § 3, eff. July 1, 1987. Amended by Acts 1993, c. 423; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002. Transferred as Health Occupations § 21-312 by Acts 2012, c. 667, § 1, eff. July 1, 2012. Amended by Acts 2012, c. 667, § 2, eff. July 1, 2012; Acts 2023, c. 318, § 1, eff. July 1, 2023; Acts 2023, c. 319, § 1, eff. July 1, 2023.
Formerly Art. 43, § 733.
MD Code, Health Occupations, § 21-312, MD HEALTH OCCUP § 21-312
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.
