Chapter 1 Code of Conduct for Board Members and Investigators

Question 1

Definition: means an individual appointed by the Governor to serve on a Board

Answer 1

Board Member

Question 2

Definition: Means the notice from the Board pursuant to State Government Article, Annotated Code of Maryland, which informs a licensee of an alleged violation or violations of a Board’s statute by the licensee

Answer 2

Charging Document

Question 3

Definition: means a communication to a board of a possible violation of disciplinary provisions of a Maryland licensing statute by a licensee

Answer 3

Complaint

Question 4

Definition: means a direct or indirect communication between a board member and another party regarding the merits of an issue in a pending contested disciplinary case if the communication is made outside the presence of the opposing party in the case

Answer 4

Ex parte communication

Question 5

Definition: means an individual who investigates complaints received by a health occupation board

Answer 5

Investigator

Question 6

Definition: means a Board member designated by the board to provide practitioner expertise to the investigator or prosecutor, or both, pertaining to a specific complaint

does not mean a board member who participates only in a preliminary review of a complaint

Answer 6

Liaison

Question 7

Definition: means nonparticipation of a board member in a specific matter before the Board

Answer 7

Recusal

Question 8

True / False: Board Counsel Advice. A Board member may seek the advise of the board’s counsel in determining the need for recusal on a specific matter

Answer 8

True

Question 9

If the matter before the Board is a _________, the board member who is recused shall physically leave the room to ensure nonparticipation

Answer 9

disciplinary matter

*****The board shall document the recusal of the board member in the minutes of the board meeting

Question 10

In a Complaint Against a Board Member-
If, after investigation of the complaint, the Board refers the case to the __________, the Board member shall recuse himself or herself from all board activities until the final disposition of the case

Answer 10

Attorney General’s Office

Question 11

True / False: In the investigation of a complaint against a member of the board, the board may consider using an investigator other than the one who is regularly assigned to conduct investigations for the Board

Answer 11

True

Question 12

A Board member or investigator may not discuss disciplinary or other confidential matters with an individual other than:

Answer 12

• A board member
• Board Staff
• The Attorney General’s Agent
• A Witness
• Another individual authorized by law to be involved in the case