# COMAR Title 10 — Maryland Department of Health

## Subtitle 27 — Board of Nursing

### Chapter 23 — Code of Conduct for Board Members and Investigators

**Authority:** Health Occupations Article, §8-205(a)(1), Annotated Code of Maryland

**Administrative History:** Effective date: December 25, 2000 (27:25 Md. R. 2282)

#### Regulation .01 Scope.

*COMAR 10.27.23.01*

This chapter establishes a code of conduct for:

A. Members of Board of Nursing; and

B. Investigators employed by the Board of Nursing.

#### Regulation .02 Definitions.

*COMAR 10.27.23.02*

A. In this chapter, the following terms have the meanings indicted.

B. Terms Defined.

  (1) “Board” means the Board of Nursing.

  (2) “Board member” means an individual appointed by the Governor to serve on the Board.

  (3) “Charging document” means the notice from the Board pursuant to State Government Article, §10-208, Annotated Code of Maryland, which informs a licensee of an alleged violation or violations of a Board's statute by the licensee.

  (4) “Complaint” means a communication to a Board of a possible violation of the disciplinary provisions outlined in Health Occupations Code, Title 8, Annotated Code of Maryland.

  (5) “Conflict of interest” means a situation in which a personal interest of a Board member or a Board investigator presents a potential conflict with the public interest in connection with an anticipated public action or decision.

  (6) “Ex parte communication” 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.

  (7) “Investigator” means an individual who investigates complaints received by the Board.

  (8) “Recusal” means nonparticipation of a Board member in a specific matter before the Board.

#### Regulation .03 Recusal of Board Members.

*COMAR 10.27.23.03*

A. Standard for Recusal.

  (1) A Board member shall recuse himself or herself from Board proceedings which involve situations in which the Board member:

    (a) Has a conflict of interest; or

    (b) Cannot participate fairly and impartially.

  (2) Personal familiarity with a respondent does not, of itself, require recusal of a Board member.

  (3) A Board member may seek advice of the Board's counsel in determining the need for recusal on a specific matter.

B. Recusal.

  (1) The Board member who is recused from a matter before the Board, may not:

    (a) Participate in the Board's discussion or vote on the matter; or

    (b) Discuss the matter or the Board's review of the matter with members of the Board or other individuals.

  (2) If the matter before the Board is a disciplinary matter, the Board member who is recused shall physically leave the room to ensure nonparticipation.

  (3) The Board shall document the recusal of the Board member in the minutes of the Board meeting.

C. Recusal for Complaint Against a Board Member.

  (1) A Board member against whom a complaint is filed shall follow §B of this regulation for all discussion and voting concerning the complaint filed against the Board member.

  (2) If the Board determines that there is an additional matter before the Board which is reasonably related to the complaint filed against the Board member, the Board member against whom the complaint is filed shall follow §B of this regulation for the additional matter also.

  (3) If, after investigation of the complaint, the Board refers the case to the Attorney General's Office, the Board member shall recuse himself or herself from all Board activities until the final disposition of the case.

#### Regulation .04 Investigator.

*COMAR 10.27.23.04*

A. An investigator may not conduct or participate in an investigation of a complaint in which the investigator has a conflict of interest.

B. In the investigation of a complaint against a member of a Board, the Board may consider using an investigator other than the investigator who is regularly assigned to conduct investigations for the Board.

#### Regulation .05 Confidentiality.

*COMAR 10.27.23.05*

A. A Board member or investigator may not discuss disciplinary or other confidential matters with a person other than:

  (1) A Board member;

  (2) Board staff;

  (3) The Attorney General's Office;

  (4) A witness; or

  (5) Another person authorized by law to be involved in the case.

B. In the case of an ex parte communication, the Board member shall follow the provisions of the State Government Article, §10-219, Annotated Code of Maryland.