Md. Code Regs. 15.01.13.03 - Secretary's Supervision Responsibilities
A. The Secretary is responsible for
supervising each unit within the Department that is composed in whole or in
part of individuals participating in the occupation or profession regulated by
the unit to:
(1) Prevent unreasonable
anticompetitive actions by the unit; and
(2) Determine whether the decisions and
actions of the unit with anticompetitive effect further an affirmatively
expressed and clearly articulated State policy to displace competition in the
unit's regulated market (as opposed to serving the private interests of the
market participant regulators).
B. For purposes of the Secretary's
responsibilities under this chapter, the following types of decisions and
actions of a unit generally are not unreasonable anticompetitive actions by the
unit:
(1) Ministerial or nondiscretionary
acts undertaken in good faith implementation of the unit's enabling
legislation;
(2) An investigation,
charge, or disposition of a disciplinary charge against a single individual
subject to the regulatory authority of a unit involving an issue such as
standard of care; and
C. For purposes of the Secretary's
responsibilities under this chapter, the types of decisions and actions for
which anticompetitive consequences should be evaluated, include, but are not
limited to:
(1) Decisions or actions governing
the scope of a licensed individual's practice;
(2) Requirements for granting a
license;
(3) Pricing
regulations;
(4) Restrictions on
advertising or soliciting customers;
(5) Territorial allocations;
(6) Restrictions on market participation or
actions against nonlicensees;
(7)
Restrictions on competitive bidding; and
(8) Patterns of disciplinary action by a unit
against similarly situated licensees.
Notes
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