Maryland Code, HEALTH OCCUPATIONS 21-312
Terms Used In Maryland Code, HEALTH OCCUPATIONS 21-312
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- 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 § 21-313 of this subtitle, the Board, on the affirmative vote of a majority of its full authorized membership, may deny any applicant licensure, reprimand any licensee, or place any individual who is licensed on probation, or suspend or revoke a license, if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or license holder or another;
(2) Fraudulently or deceptively uses a license;
(3) Knowingly violates any provision of this title, or any rule or regulation adopted under this title;
(4) Commits any gross negligence, incompetence, or misconduct while performing the duties of an environmental health specialist;
(5) 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;
(6) 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;
(7) 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;
(8) Willfully makes or files a false report or record while performing the duties of an environmental health specialist;
(9) Willfully fails to file or record any report as required by 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) Promotes the sale of land, devices, appliances, or goods provided for a person in such a manner as to exploit the person for financial gain of the licensed environmental health specialist;
(12) Willfully alters a sample, specimen, or any test procedure to cause the results upon analysis to represent a false finding;
(13) Violates any rule or regulation adopted by the Board;
(14) Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(15) Is professionally, physically, or mentally incompetent; or
(16) Fails to cooperate with a lawful investigation conducted by the Board.
(c) Except as provided in subsection (d) of this section, any person, including a Board employee, may make a written, specific charge of a violation under this section, if the person:
(1) Swears to the charge; and
(2) Files the charge with the Board secretary.
(d) (1) If a licensed environmental health specialist knows of an action or condition that might be grounds for action under subsection (b) of this section, the licensed environmental health specialist shall report the action or condition to the Board; and
(2) An individual shall have the immunity from liability described under § 5-702 of the Courts and Judicial Proceedings Article for making a report as required by this subsection.