1. A. The Secretary, for good cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.

2. B. The Secretary may revoke a license if the licensee:

   1. (1) Has been convicted of a:

      1. (a) Felony that relates to Medicaid or Medicare; or
      2. (b) Crime involving moral turpitude;
   2. (2) Does not comply with the requirements of this chapter;
   3. (3) Fails to comply with the standards for the operation of a cosmetic surgical facility issued by its accreditation organization; or
   4. (4) Engages in conduct that requires revocation to protect the public health, safety, or welfare.

3. C. The Secretary shall also consider the following factors when deciding whether to revoke a license:

   1. (1) The number, nature, and seriousness of the violations;
   2. (2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;
   3. (3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;
   4. (4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and
   5. (5) Such other factors as justice may require.

4. D. The Secretary shall notify the licensee in writing of the following:

   1. (1) The effective date of the revocation;
   2. (2) The reason for the revocation;
   3. (3) The regulations with which the licensee has failed to comply that form the basis for the revocation;
   4. (4) That the licensee is entitled to a hearing if requested, and to be represented by counsel;
   5. (5) That the facility shall stop providing services on the effective date of the revocation if the licensee does not request a hearing;
   6. (6) That the revocation shall be stayed if a hearing is requested; and
   7. (7) That the licensee is required to surrender the license to the Department if the revocation is upheld.
5. E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .12 of this chapter.

Authority: Health General Article, Title 19, Subtitle 3C, Annotated Code of Maryland

Effective date: July 1, 2015 (41:24 Md. R. 1427)

Regulation .01B amended effective March 30, 2026 (53:6 Md. R. 291)