2013 Maryland Code
HEALTH OCCUPATIONS
§ 9-316 - Administrative and judicial review

§9-316.

(a) Except as provided in this section for an action under § 9-314 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 § 9-314 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.

(c) An order of the Board may not be stayed pending judicial review.

§ 9-316 - 1. Unauthorized practice of nursing home administration

(a) Cease and desist orders. -- The Board may issue a cease and desist order for practicing nursing home administration without a license or with an unauthorized person or for supervising or aiding an unauthorized person in the practice of nursing home administration.

(b) Action for aiding and abetting. --

(1) An action for aiding and abetting may be maintained in the name of the State or the Board to enjoin:

(i) The unauthorized practice of nursing home administration; or

(ii) Conduct that is a ground for disciplinary action under § 9-314 of this subtitle.

(2) An action under this section may be brought by:

(i) The Board, in its own name;

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

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

(3) An action under this section shall be brought in the county where the defendant resides or engages in the acts sought to be enjoined.

(4) 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.

(5) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of nursing home administration under § 9-401 of this title or disciplinary action under § 9-314 of this subtitle.