Maryland 2022 Regular Session

Maryland Senate Bill SB77 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0077
9	6
10	7		SENATE BILL 77
11	8		J2 2lr0611
12	9		(PRE–FILED)
13	10		By: Senator West
14	11		Requested: September 30, 2021
15	12		Introduced and read first time: January 12, 2022
16	13		Assigned to: Education, Health, and Environmental Affairs
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted with floor amendments
19		-	Read second time: February 24, 2022
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Health Occupations Boards – Investigations – Right to Counsel 2
26	20
27		-	FOR the purpose of authorizing a licensee or, certificate ~~holder, or registration~~ holder to be 3
28		-	~~represented by counsel~~ during an investigation by a health occupations board that 4
29		-	~~may result in charges or~~ sanctions ~~except under certain circumstances~~; and generally 5
30		-	~~relating to investigations by health occupations boards and~~ the right to counsel. 6
	21	+	FOR the purpose of authorizing a licensee or certificate holder to be represented by counsel 3
	22	+	during an investigation by a health occupations board that may result in charges or 4
	23	+	sanctions; and generally relating to investigations by health occupations boards and 5
	24	+	the right to counsel. 6
31	25
32	26		BY adding to 7
33	27		Article – Health Occupations 8
34	28		Section 1–610 9
35	29		Annotated Code of Maryland 10
36	30		(2021 Replacement Volume) 11
37	31
38	32		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
39	33		That the Laws of Maryland read as follows: 13
40	34
41	35		Article – Health Occupations 14
42	36
43	37		1–610. 15
44	38
45		-	(A) IF EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , IF A 16
46		-	HEALTH OCCUPATIONS B OARD INVESTIGATES A LICENSEE OR, CERTIFICATE 17
47		-	HOLDER, OR REGISTRATION HOLD ER AND THE INVESTIGATIO N MAY RESULT IN 18
48		-	CHARGES OR SANCTIONS AGAINST THE LICENSEE OR, CERTIFICATE HOLDER , OR 19 2 SENATE BILL 77
	39	+	IF A HEALTH OCCUPATIONS BOARD INVESTIGATES A LICENSEE OR 16
	40	+	CERTIFICATE HOLDER AND THE INVESTIGATIO N MAY RESULT IN CHARGES OR 17
	41	+	SANCTIONS AGAINST TH E LICENSEE OR CERTIF ICATE HOLDER , THE LICENSEE OR 18
	42	+	CERTIFICATE HOLDER MAY: 19
	43	+
	44	+	(1) BE REPRESENTED BY COU NSEL DURING THE INVESTIGATION ; 20
	45	+	AND 21
	46	+
	47	+	(2) HAVE COUNSEL PRESENT AT ANY INTERVIEW OF THE LICENSEE 22 2 SENATE BILL 77
49	48
50	49
51		-	~~REGISTRATION HOLDER ,~~ THE ~~LICENSEE OR, CERTIFICATE HOLDER , OR~~ 1
52		-	~~REGISTRATION HOLDER MAY:~~ 2
	50	+	OR CERTIFICATE HOLDE R CONDUCTED BY OR ON BEHALF OF THE HEALTH 1
	51	+	OCCUPATIONS BOARD DU RING THE INVESTIGATION . 2
53	52
54		-	(1) BE REPRESENTED BY COU NSEL DURING TH E INVESTIGATION ; 3
55		-	AND 4
56		-
57		-	(2) HAVE COUNSEL PRESENT AT AND PARTICIPATE IN ANY 5
58		-	INTERVIEW OF THE LIC ENSEE OR, CERTIFICATE HOLDER , OR REGISTRATION 6
59		-	HOLDER CONDUCTED BY OR ON B EHALF OF THE HEALTH OCCUPATIONS BOARD 7
60		-	DURING THE INVESTIGA TION. 8
61		-
62		-	(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , IF A 9
63		-	LICENSEE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER CHOOSES TO HAVE 10
64		-	COUNSEL PRESENT AT A ND PARTICIPATING IN AN INTERVIEW OF THE LICENSEE, 11
65		-	CERTIFICATE HOLDER , OR REGISTRATION HOLD ER, DURING THE INTERVIEW , 12
66		-	COUNSEL MA Y: 13
67		-
68		-	(1) ASK THE LICENSEE , CERTIFICATE HOLDER , OR REGISTRATION 14
69		-	HOLDER QUESTIONS ; 15
70		-
71		-	(2) ASK THAT A QUESTION B E CLARIFIED; 16
72		-
73		-	(3) PROVIDE ADVICE TO THE LICENSEE, CERTIFICATE HOLDER , OR 17
74		-	REGISTRATION HOLDER ; AND 18
75		-
76		-	(4) PROVIDE INFORMATION R ELEVANT TO THE IN VESTIGATION ON 19
77		-	BEHALF OF THE LICENS EE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER. 20
78		-
79		-	(C) THE BOARD OR AN AGENT OF THE BOARD MAY EXC LUDE COUNSEL FOR 21
80		-	A LICENSEE, CERTIFICATE HOLDER , OR REGISTRATION HOLD ER FROM AN 22
81		-	INVESTIGATION OR INT ERVIEW UNDER THIS SE CTION IF THE BOARD O R AGENT HAS 23
82		-	EVIDENCE THAT COUNSE L IS SUBSTANTIALLY : 24
83		-
84		-	(1) SUBSTANTIALLY INTERFERING WITH THE INVESTIGATION OR 25
85		-	INTERVIEW; AND 26
86		-
87		-	(2) (I) VIOLATING THE RULES OF PROFESSIONAL CONDUCT; OR 27
88		-
89		-	(II) ACTING IN A MANNER TH AT IS PREJUDICIAL TO THE 28
90		-	ADMINISTRATION OF JU STICE. 29
91		-
92		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
93		-	October 1, 2022. 31
94		-
	53	+	SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect 3
	54	+	October 1, 2022. 4