2013 Maryland Code
HEALTH OCCUPATIONS
§ 13-318 - Administrative and judicial review

§13-318.

(a) Except as provided in this section for an action under § 13-316 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 § 13-316 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.

§ 13-318 - 1. Action to enjoin violations

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

(1) The unauthorized practice of physical therapy; or

(2) Conduct that is ground for disciplinary action under § 13-316 of this subtitle.

(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 the State; or

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

(c) Jurisdiction. -- An action under this section may be brought in the county where the defendant resides or engaged in the act sought to be enjoined.

(d) Proof of damage. -- 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.

(e) Criminal prosecution. -- An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of physical therapy under § 13-401 of this title or disciplinary action under § 13-316 of this subtitle.