§ 14-206. Judicial powers  


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  •    (a) Subpoenas and oaths. -- 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) Contempt of court. -- 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) Ex parte hearings. -- 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) Entry onto premises. --

       (1) If the entry is necessary to carry out a duty under this title, 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 licensed physician; or

          (ii) Public premises.

       (2) A person may not deny or interfere with an entry under this subsection.

       (3) A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 100.

    (e) Cease and desist orders; injunctions. -- The Board may issue a cease and desist order or obtain injunctive relief against an individual for:

       (1) Practicing medicine without a license; or

       (2) Taking any action:

          (i) For which the Board determines there is a preponderance of evidence of grounds for discipline under § 14-404 of this title; and

          (ii) That poses a serious risk to the health, safety, and welfare of a patient.

    (f) Regulations. -- 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.


HISTORY: 1984, ch. 772; 1990, ch. 6, § 11; ch. 237, § 1; 1992, ch. 271, § 1; 1993, ch. 627, § 2; 2007, ch. 539; 2013, chs. 401, 596, 597.