Maryland Code, HEALTH OCCUPATIONS 9-3A-12
Terms Used In Maryland Code, HEALTH OCCUPATIONS 9-3A-12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) Subject to the hearing provisions of § 9-3A-14 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, suspend or revoke a license, or impose a civil fine if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another individual;
(2) Fraudulently or deceptively uses a license;
(3) Fails to meet the standards of practice for assisted living adopted by the Board under § 9-205 of this title;
(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(5) Provides professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(6) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(7) Practices assisted living management with an unauthorized individual or supervises or aids an unauthorized individual in the practice of assisted living management;
(8) Willfully makes or files a false report or record in the practice of assisted living management;
(9) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(10) Submits a false statement to collect a fee;
(11) Commits an act of unprofessional conduct in the licensee’s practice as an assisted living manager;
(12) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
(13) Fails to cooperate with a lawful investigation conducted by the Board;
(14) Fails to oversee, manage, or administer an assisted living program to the extent that the safety, health, or life of any resident has been endangered;
(15) Endangers or sanctions the endangerment of the safety, health, or life of any resident;
(16) Violates any of the provisions of law or regulations governing assisted living programs in the State; or
(17) Fails to submit to a criminal history records check in accordance with § 9-302.1 of this title.