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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2791 September Term, 2009

KATHY MESBAHI, ET AL. v. MARYLAND STATE BOARD OF PHYSICIANS

Zarnoch, Matricciani, Sharer, J. Frederick (Retired, Specially Assigned), JJ.

Opinion by Zarnoch, J.

Filed: September 30, 2011

Appellants and cross-appellees, Dr. Kathy Mesbahi, Mina Nazemzadeh, and Aghdas Rahmati, challenge a judgment of the Circuit Court for Montgomery County upholding the decision of the Maryland Board of Physicians ("the Board"), appellee / cross-appellant. The Board sanctioned Dr. Mesbahi for aiding an unauthorized person in the practice of medicine and unprofessional conduct in the practice of medicine, and the remaining appellants for practicing medicine without a license. In a cross-appeal, the Board challenges the circuit court's finding that certain sanctions imposed against appellants/cross-appellees were arbitrary and capricious. The circuit court remanded the case to the Board with instructions to articulate its reasons for imposing those sanctions. QUESTIONS PRESENTED Appellants1 present the following questions for appellate review:2 1. Did the Board erroneously rely on Declaratory Ruling 00-1 in concluding that laser hair removal is a surgical act constituting the practice of medicine? Did the Board deprive appellants of their constitutional right to due process by failing to adequately notify them and the medical community about the issuance of Declaratory Ruling 00-1? Was the Board required to prove that appellants knowingly violated Declaratory Ruling 00-1 to impose the sanctions against them?

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For simplicity's sake, we will refer to the parties as appellants and appellee or by name.

Appellants' brief also included the following question presented, in response to appellee's cross-appeal: "Are the sanctions imposed by the Board against appellants arbitrary and capricious?"

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In its cross appeal, appellee presents an additional question for our review: 4. Did the circuit court err as a matter of law in remanding the case to the Board in order for the Board to articulate its reasoning for exercising its discretionary authority to determine and impose fines and the cease and desist order as sanctions for violating the Maryland Medical Practice Act, Health Occ.

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