2013 Maryland Code
HEALTH OCCUPATIONS
§ 10-317 - Administrative and judicial review

§10-317.

(a) Except as provided in this section for an action under § 10-315 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may:

(1) Appeal that decision to the Board of Review; and

(2) Then take any further appeal allowed by the Administrative Procedure Act.

(b) (1) Any person aggrieved by a final decision of the Board under § 10-315 of this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

§ 10-317 - 1. Injunctions

(a) Authorized. -- An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of occupational therapy or limited occupational therapy; or

(2) Conduct that is grounds for disciplinary action under § 10-315 of this subtitle.

(b) Standing conferred. -- An action under this section may be brought by:

(1) The Board;

(2) The Attorney General, in the name of the State; or

(3) A State's Attorney in the name of the State.

(c) Venue. -- An action under this section may be brought in the county where:

(1) The defendant resides; or

(2) The defendant engaged in the act sought to be enjoined.

(d) Damages not required. -- Proof that damage or possible damage will be incurred if an injunction is not granted is not required for an action under this section.

(e) Not exclusive. -- An action under this section does not preclude a criminal prosecution for the unauthorized practice of occupational therapy under § 10-401 of this title or disciplinary action under § 10-315 of this subtitle.