EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0077*
SENATE BILL 77
J2 2lr0611
(PRE–FILED)
By: Senator West
Requested: September 30, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 24, 2022
CHAPTER ______
AN ACT concerning 1
Health Occupations Boards – Investigations – Right to Counsel 2
FOR the purpose of authorizing a licensee or, certificate holder, or registration holder to be 3
represented by counsel during an investigation by a health occupations board that 4
may result in charges or sanctions except under certain circumstances; and generally 5
relating to investigations by health occupations boards and the right to counsel. 6
BY adding to 7
Article – Health Occupations 8
Section 1–610 9
Annotated Code of Maryland 10
(2021 Replacement Volume) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health Occupations 14
1–610. 15
(A) IF EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , IF A 16
HEALTH OCCUPATIONS B OARD INVESTIGATES A LICENSEE OR, CERTIFICATE 17
HOLDER, OR REGISTRATION HOLD ER AND THE INVESTIGATIO N MAY RESULT IN 18
CHARGES OR SANCTIONS AGAINST THE LICENSEE OR, CERTIFICATE HOLDER , OR 19 2 SENATE BILL 77
REGISTRATION HOLDER , THE LICENSEE OR, CERTIFICATE HOLDER , OR 1
REGISTRATION HOLDER MAY: 2
(1) BE REPRESENTED BY COU NSEL DURING TH E INVESTIGATION ; 3
AND 4
(2) HAVE COUNSEL PRESENT AT AND PARTICIPATE IN ANY 5
INTERVIEW OF THE LIC ENSEE OR, CERTIFICATE HOLDER , OR REGISTRATION 6
HOLDER CONDUCTED BY OR ON B EHALF OF THE HEALTH OCCUPATIONS BOARD 7
DURING THE INVESTIGA TION. 8
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , IF A 9
LICENSEE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER CHOOSES TO HAVE 10
COUNSEL PRESENT AT A ND PARTICIPATING IN AN INTERVIEW OF THE LICENSEE, 11
CERTIFICATE HOLDER , OR REGISTRATION HOLD ER, DURING THE INTERVIEW , 12
COUNSEL MA Y: 13
(1) ASK THE LICENSEE , CERTIFICATE HOLDER , OR REGISTRATION 14
HOLDER QUESTIONS ; 15
(2) ASK THAT A QUESTION B E CLARIFIED; 16
(3) PROVIDE ADVICE TO THE LICENSEE, CERTIFICATE HOLDER , OR 17
REGISTRATION HOLDER ; AND 18
(4) PROVIDE INFORMATION R ELEVANT TO THE IN VESTIGATION ON 19
BEHALF OF THE LICENS EE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER. 20
(C) THE BOARD OR AN AGENT OF THE BOARD MAY EXC LUDE COUNSEL FOR 21
A LICENSEE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER FROM AN 22
INVESTIGATION OR INT ERVIEW UNDER THIS SE CTION IF THE BOARD O R AGENT HAS 23
EVIDENCE THAT COUNSE L IS SUBSTANTIALLY : 24
(1) SUBSTANTIALLY INTERFERING WITH THE INVESTIGATION OR 25
INTERVIEW; AND 26
(2) (I) VIOLATING THE RULES OF PROFESSIONAL CONDUCT; OR 27
(II) ACTING IN A MANNER TH AT IS PREJUDICIAL TO THE 28
ADMINISTRATION OF JU STICE. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2022. 31