2013 Maryland Code
HEALTH OCCUPATIONS
§ 3-316 - Administrative and judicial review

§3-316.

(a) Except as provided in this section for an action under § 3-313 of this subtitle or § 3-5A-11 of this title, 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 § 3-313 of this subtitle or § 3-5A-11 of this title 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.

§ 3-316 - 1. Injunctive actions

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

(1) The unauthorized practice of chiropractic or massage therapy; or

(2) Conduct that is a ground for disciplinary action under § 3-313 of this subtitle or § 3-5A-11 of this title.

(b) Who may bring action. -- An action under this section may be brought by:

(1) The Board, in its own name;

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

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

(c) Jurisdiction. -- An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the acts sought to be enjoined.

(d) Permissible defendants. --

(1) Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article.

(2) An action under this section may be brought against an individual who is authorized to practice chiropractic or massage therapy under this title.

(e) Proof of damage not required. -- Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(f) Action in addition to other penalties. -- An action under this section is in addition to and not instead of criminal prosecution for:

(1) The unauthorized practice of chiropractic under § 3-501 of this title or disciplinary action under § 3-313 of this subtitle; or

(2) The unauthorized practice of massage therapy under § 3-501 of this title or disciplinary action under § 3-5A-11 of this title.