3614

LAWS OF MARYLAND

Ch. 772

filing or recording of the report, or induces another to fail to
file or record the report; [or]

[(17)] (15) Submits a false statement to collect a
fee[.];

(16)  VIOLATES ANY RULE OR REGULATION ADOPTED BY THE
BOARD;

(17)  USES OR PROMOTES OR CAUSES THE USE OF ANY
MISLEADING, DECEIVING, IMPROBABLE OR UNTRUTHFUL ADVERTISING
MATTER, PROMOTIONAL LITERATURE, OR TESTIMONIAL;

(18)   IS PROFESSIONALLY, PHYSICALLY, OR MENTALLY
INCOMPETENT; OR

(19)  PROMOTES THE SALE OF DEVICES, APPLIANCES, OR
GOODS TO A PATIENT SO AS TO EXPLOIT THE PATIENT FOR FINANCIAL
GAIN.

(B) THE BOARD MAY IMPOSE THE MONETARY PENALTY UNDER THIS
SECTION SEPARATELY OR IN ADDITION TO A REPRIMAND, PROBATION,
SUSPENSION, OR REVOCATION.

(C) THE BOARD SHALL ADOPT RULES AND REGULATIONS TO SET
STANDARDS FOR THE IMPOSITION OF PENALTIES UNDER THIS SECTION.

(D) THE BOARD SHALL PAY ANY PENALTY COLLECTED UNDER THIS
SECTION INTO THE GENERAL FUND OF THIS STATE.

13-316.

(a)  Except as otherwise provided in the Administrative
Procedure Act, before the Board takes any action under § 13-315
of this subtitle, it shall give the individual against whom the
action is contemplated an opportunity for a hearing before the
Board.

(b)  The Board shall give notice and hold the hearing in
accordance with the Administrative Procedure Act.

(c)  The individual may be represented at the hearing by
counsel.

(D)  OVER THE SIGNATURE OF AN OFFICER OR THE EXECUTIVE
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.

(E)   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.