Maryland Administrative Code

.02 Prohibition of Deceptive or Misleading Statements or Claims. A. A dentist may not, on behalf of himself, his partner, or his associate, or for any other dentist affiliated with him, use or participate in the use of any form of public communication which contains a deceptive o…

.03 Fees. A statement regarding fees shall be considered deceptive or misleading if the dentist: A. Renders the service at more than the fees advertised; B. Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a speci…

.04 Responsibility. A dentist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by him personally, by his employees, or by a proprietorship, partnership, corporation, union, public school clinic, state institution, or el…

.05 Penalties for Violation. Violations of these regulations pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the dentist as set forth in Health Occupations Article, §4-315, Annotated Code of Maryland.

.06 Retention and Inspection. A dentist shall: A. Retain a copy of all advertising, in the form in which it was published, for a period of 3 years from the date of publication; and B. Make the copy available for inspection and copying when requested by the Board.

.01 Scope. This chapter governs procedures for disciplinary matters and hearings before the State Board of Dental Examiners.

.02 Definitions. 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 the Board has delegated to the Office of Administrative Hearings. (2) “Adm…

.03 Confidentiality of Proceedings. A. Except as otherwise provided by law, the proceedings of the Board are confidential and that confidentiality may not be waived by the parties. B. Office of Administrative Hearings proceedings involving the adjudication of a contested case and…

.04 Representation of Parties. A. Every party who appears at a formal hearing has the right to appear in proper person or by or with counsel. B. If the matter goes to a hearing, the respondent shall be represented only by an attorney who has been admitted to the Maryland Bar or s…

.05 Filing of Complaints. A. The Board may commence proceedings or open an investigation under Health Occupations Article, §4-315, Annotated Code of Maryland, after the filing of a complaint: (1) Received from an individual who is not a member of the Board; or (2) Completed by th…

.06 Disposition of Complaint. A. Complaints shall be referred to the Board’s Triage Committee. B. To the extent practicable, filed complaints shall be presented to the Board’s Triage Committee within 60 days of their receipt. C. To the extent practicable, the Board’s staff shall …

.07 Discipline Review Committee (DRC). A. The DRC shall: (1) Consider and vote on the recommendations of the Triage Committee; (2) Review documents received by the Board during the course of the Board’s investigations; and (3) Make recommendations to the Board for the disposition…

.08 Board Review of Complaints. A. For each complaint, after reviewing any completed investigative information or reports and considering the recommendation of the Triage Committee or Discipline Review Committee, if applicable, the Board shall: (1) Dismiss the complaint; (2) Plac…

.09 Investigation of Complaints. A. The Board's DRC shall: (1) Review complaints; and (2) Make a recommendation to the Board as to the disposition of the complaint. B. Participation in the Disciplinary Review Committee is not a basis for recusal of a Board member, Board counsel, …

.10 Charges and Notice of Initial Denial. A. If the Board issues charges or a notice of initial denial, the Executive Director or an officer of the Board shall hand deliver or send the charges or notice of initial denial to the respondent's last known business and home addresses …

.11 Discovery. A. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may request another party to produce, within 15 calendar days, the following: (1) A list of the witnesse…

.12 Case Resolution Conference. A. After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference. B. At any other time during disciplinary proceedings, the Board may offer or the respondent may request a …

.13 Prehearing Conference. A. Prehearing Conference. The Board may set a prehearing conference upon motion of either party, or on the Board's own motion. B. The prehearing conference may be used to: (1) Attempt to settle the case; or (2) Prepare for hearing by: (a) Delineating th…

.14 Motions. A. A motion shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 15 days before the hearing. A copy shall be served on the opposing party. B. A response shall be filed with the Board at least 7 days before the hear…

.15 Hearings on Charges or Notice of Initial Denial. A. Hearings shall be conducted under the contested case provision of State Government Article, Title 10, Subtitle 2 and Health Occupations Article, Title 4, Annotated Code of Maryland. B. The Board may delegate its authority to…

.16 Burden of Proof. A. A licensee against whom the Board has issued a notice of initial denial has the burden to demonstrate by a preponderance of the evidence that the licensee is entitled to licensure or to receive the benefit sought which the Board has denied. B. The State ha…

.17 Exceptions. A. If a matter has been delegated by the Board to the Office of Administrative Hearings, each party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended d…

.18 Exceptions Hearing. A. An exceptions hearing shall be held before the Board. B. The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and response to exceptions. C. The Board member presiding over the hear…

.19 Sanctioning Guidelines. The Board shall consider the sanctioning guidelines contained in COMAR 10.44.31 before issuing a final order and before taking informal disciplinary action. Cross References 10.44.07.27A

.20 Board Final Decision and Order. A. After review of the record and deliberation, the Board shall issue a final order of either: (1) Dismissal; (2) Revocation; (3) Suspension; (4) Denial of licensure; (5) Reprimand; (6) Probation; (7) Civil penalty; or (8) Other disposition as …

.21 Surrender of License. A. The Board may require conditions for surrender of a license, including, but not limited to: (1) The admission of a violation of the Maryland Dentistry Act; (2) The admission of facts; (3) A statement of the circumstances under which the surrender was …

.22 Summary Suspension of a License. A. Under State Government Article, §10-226(c)(2), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the …

.23 Predeprivation Opportunity to Be Heard. A. If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondent's license should not be suspended before the Boar…

.24 Summary Suspension Without Prior Notice or Opportunity for Hearing. A. In extraordinary circumstances, the Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend license or prov…

.25 Burdens of Production and Persuasion. A. In a show cause proceeding under Regulation .19B of this chapter, the respondent may present argument in opposition to the allegations presented in the order for summary suspension or which otherwise demonstrate that the public health,…

.26 Disposition. A. If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, after the show cause hearing, it may vote to: (1) Order a summary suspension; (2) Deny the summary suspension; (3) Enter into an order agreed upon by t…

.27 Postdeprivation Opportunity for an Evidentiary Hearing. A. If the Board orders the summary suspension of a license under Regulation .19 of this chapter, the respondent shall be provided with the opportunity for an appeal. The appeal from a summary suspension shall be an evide…

.28 Probation and Violation of Probation Proceedings. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which it considers appropriate, including: (1) Re-education or completion of approved courses; (2) Payment of a civil pe…

.29 Charges for Violation of Probation. A. If the Board issues charges for a violation of probation, the service shall be as provided in Regulation .07A of this chapter. B. The charging document for a violation of probation shall: (1) Inform the respondent of the statutory provis…

.30 Violation of Probation Hearing. A. The hearing shall be an evidentiary hearing held in the manner set forth in Regulation .12 of this chapter. B. The burden of proof shall be as set forth in Regulation .13 of this chapter. C. After a hearing, the Board shall issue a final ord…

.31 Reinstatement of a License. A. Petition for Reinstatement. (1) A licensee shall petition the Board for reinstatement after suspension, revocation, or surrender of a license. (2) Subject to contrary provisions in a final order of revocation or a surrender, the Board may not co…

.32 Judicial Review. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §4-319, and State Government Article, §10-222, Annotated Code of Maryland.

.33 Imposition of Penalties. The Board may impose a civil monetary penalty instead of or in addition to a disciplinary sanction authorized by Health Occupations Article, §4-315, Annotated Code of Maryland, and as provided in COMAR 10.44.08.

.34 Recusal in Board Proceedings. A. A Board member or the Dental Compliance Officer may not participate in an investigation or a proceeding in which the impartiality of the Board member or Dental Compliance Officer might reasonably be questioned, including, but not limited to th…

.35 Consideration and Notice of Board Files. In any matter governed by this chapter, the Board may take official notice of any information contained in the Board's files.

.01 Scope. These regulations establish the standards by which the Board may impose a civil penalty of not more than $5,000 against any dentist licensed in the State who is found to be in violation of Health Occupations Article, Title 4, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Dental Examiners. (2) “Civil penalty” means a monetary penalty. (3) “Universal precautions” means blood and body fluid precautions as defined in …

.03 Imposition of a Civil Penalty. After a hearing as provided in COMAR 10.44.07, the Board may impose a civil penalty against a dentist for violation of Health Occupations Article, §4-315, and pertinent regulations: A. In place of, or in addition to, suspension of a dentist's li…

.04 Violations for Which Civil Penalties May Be Imposed. Civil penalties may be imposed if a dentist is found to have violated any section of Health Occupations Article, §4-315(a), Annotated Code of Maryland. Cross References 10.44.08.05

.05 Guidelines for Imposing Civil Penalties. The Board may impose a penalty for violations of Regulation .04 of this chapter considering the nature and severity of the violation consistent with the following guidelines: A. For the first violation, a civil penalty of not more than…

.06 Power and Authority of Board. The power and authority of the Board to impose these civil penalties may not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in these regulations.

.07 Appeal Rights. A licensee against whom a civil penalty has been imposed may have judicial review of the Board's decision as provided by law.