Md. Code Ann., Health Occ. § 14-206
Subpoena and contempt power of Board
Effective Oct 1, 2025Added as Health Occupations § 14-205.1 by Acts 1984, c. 772, § 1, eff. July 1, 1984. Renumbered as Health Occupations § 14-206 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1990, c. 237, § 1, eff. July 1, 1990; Acts 1992, c. 271, § 1, eff. July 1, 1990; Acts 1993, c. 627, § 2, eff. July 1, 1993; Acts 2007, c. 539, § 1, eff. June 1, 2007; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2013, c. 596, § 1, eff. Oct. 1, 2013; Acts 2013, c. 597, § 1, eff. Oct. 1, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020; Acts 2025, c. 675, § 1, eff. Oct. 1, 2025; Acts 2025, c. 676, § 1, eff. Oct. 1, 2025.State of Maryland
- (a) Over the signature of an officer, the executive director, or the deputy director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
- (b) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
- (c) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(d)
(1) If the entry is necessary to carry out a duty under this title or Title 15 of this article, the Board's executive director or other duly authorized agent or investigator of the Board may enter at any reasonable hour:
- (i) A place of business of a licensee; or
- (ii) Public premises.
- (2) A person may not deny or interfere with an entry under this subsection.
- (3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,000.
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive relief against an individual for:
- (1) Practicing a profession regulated under this title or Title 15 of this article without a license or with an unauthorized person;
(2) Representing to the public, by title, description of services, methods, procedures, or otherwise, that the individual is authorized to practice:
- (i) Medicine in this State, in violation of § 14-602 of this title;
- (ii) Respiratory care in this State, in violation of § 14-5A-21 of this title;
- (iii) Radiation therapy, radiography, nuclear medicine technology, or radiation assistance in this State, in violation of § 14-5B-18 of this title;
- (iv) Polysomnography in this State, in violation of § 14-5C-21 of this title;
- (v) Athletic training in this State, in violation of § 14-5D-17(3) of this title;
- (vi) Perfusion in this State, in violation of § 14-5E-21 of this title;
- (vii) Naturopathic medicine in this State, in violation of § 14-5F-30 of this title;
- (viii) Genetic counseling in this State, in violation of § 14-5G-24 of this title; or
- (ix) As a physician assistant in this State, in violation of § 15-402 of this article; or
(3) Taking any action:
- (i) For which a disciplinary panel determines there is a preponderance of evidence of grounds for discipline under § 14-404, § 14-5A-17, § 14-5B-14, § 14-5C-17, § 14-5E-16, § 14-5F-18, or § 14-5G-18 of this title or § 15-415 of this article; and
- (ii) That poses a serious risk to the health, safety, and welfare of a patient.
- (f) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for noncompliance with a cease and desist order.
Added as Health Occupations § 14-205.1 by Acts 1984, c. 772, § 1, eff. July 1, 1984. Renumbered as Health Occupations § 14-206 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1990, c. 237, § 1, eff. July 1, 1990; Acts 1992, c. 271, § 1, eff. July 1, 1990; Acts 1993, c. 627, § 2, eff. July 1, 1993; Acts 2007, c. 539, § 1, eff. June 1, 2007; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2013, c. 596, § 1, eff. Oct. 1, 2013; Acts 2013, c. 597, § 1, eff. Oct. 1, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020; Acts 2025, c. 675, § 1, eff. Oct. 1, 2025; Acts 2025, c. 676, § 1, eff. Oct. 1, 2025.