2013 Maryland Code
HEALTH OCCUPATIONS
§ 14-206 - Judicial powers

§14-206.

(a) Over the signature of an officer, the executive director, or the deputy 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.

(b) 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.

(c) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

(d) (1) If the entry is necessary to carry out a duty under this title, the Board’s executive director or other duly authorized agent or investigator of the Board may enter at any reasonable hour:

(i) A place of business of a licensed physician;

(ii) Private premises where the Board suspects that a person who is not licensed by the Board is practicing, attempting to practice, or offering to practice medicine, based on a formal complaint; or

(iii) Public premises.

(2) A person may not deny or interfere with an entry under this subsection.

(3) A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(e) The Board may issue a cease and desist order or obtain injunctive relief for practicing medicine without a license.

§ 14-206 - 1. Search warrants.

(a) Application to District Court judge. -- Based on a complaint received by the Board, the executive director of the Board may apply to a judge of the District Court or a circuit court for a search warrant to enter private premises where the Board or a disciplinary panel suspects that a person who is not licensed by the Board is practicing, attempting to practice, or offering to practice medicine.

(b) Contents. -- An application for a search warrant shall:

(1) Be in writing;

(2) Be verified by the applicant; and

(3) Describe the premises to be searched and the nature, scope, and purpose of the search.

(c) Requirements for issuance. -- A judge who receives an application for a search warrant may issue a warrant on a finding that:

(1) The scope of the proposed search is reasonable;

(2) The request for a search warrant is based on a complaint received by the Board; and

(3) Obtaining consent to enter the premises may jeopardize the attempt to determine whether a person who is not licensed by the Board is practicing, attempting to practice, or offering to practice medicine.

(d) Specifics of search. --

(1) A search warrant issued under this section shall specify the location of the premises to be searched.

(2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.

(e) Execution and return. -- A search warrant issued under this section shall be executed and returned to the issuing judge:

(1) Within the period specified in the warrant, which may not exceed 30 days after the date of issuance; or

(2) Within 15 days after the date of issuance, if no period is specified in the warrant.