Maryland 2022 2022 Regular Session

Maryland House Bill HB1208 Engrossed / Bill

Filed 03/18/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *hb1208*  
  
HOUSE BILL 1208 
J2, Q3   	2lr0907 
      
By: Delegate Kelly Delegates Kelly, Bagnall, Belcastro, Bhandari, Carr, Chisholm, 
Cullison, Hill, Johnson, Kaiser, Kerr, Kipke, Landis, R. Lewis, Morgan, 
Pena–Melnyk, Pendergrass, Reilly, Rosenberg, Saab, Sample –Hughes, 
Szeliga, and K. Young 
Introduced and read first time: February 11, 2022 
Assigned to: Health and Government Operations 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 10, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Health Occupations – Health Care Workforce Expansion 2 
 
FOR the purpose of establishing requirements on the State Board of Nursing related to the 3 
expansion of the workforce in nursing–related fields; establishing a State income tax 4 
credit for certain licensed practical nurses, nurse practitioners advanced practice 5 
registered nurses, and registered nurses; establishing the Licensed Practical Nurse 6 
and Registered Nurse Preceptorship Tax Credit Fund as a special, nonlapsing fund; 7 
requiring the Maryland Department of Health to work with the Division of 8 
Workforce Development and Adult Learning in the Maryland Department of Labor 9 
to convene a stakeholder workgroup to study expanding the State apprenticeship 10 
programs to the health care workforce; requiring the Maryland Department of 11 
Health to convene a workgroup to study how the State can implement a certain loan 12 
repayment assistance program; and generally relating to expansion of the health 13 
care workforce in the State. 14 
 
BY repealing and reenacting, with amendments, 15 
 Article – Health Occupations 16 
Section 8–205, 8–312(c), and 8–6A–05(b) 8–6A–05(a) and (b) 17 
 Annotated Code of Maryland 18 
 (2021 Replacement Volume) 19 
 
BY adding to 20  2 	HOUSE BILL 1208  
 
 
 Article – Health Occupations 1 
 Section 8–205.2 and 8–514 8–6A–14(g) 2 
 Annotated Code of Maryland 3 
 (2021 Replacement Volume) 4 
 
BY adding to 5 
 Article – Tax – General 6 
Section 10–739.1 7 
 Annotated Code of Maryland 8 
 (2016 Replacement Volume and 2021 Supplement) 9 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 
That the Laws of Maryland read as follows: 11 
 
Article – Health Occupations 12 
 
8–205. 13 
 
 (a) In addition to the powers and duties set forth elsewhere in this title, the Board 14 
has the following powers and duties: 15 
 
 (1) To adopt rules and regulations to carry out the provisions of this title; 16 
 
 (2) To set standards for the practice of registered nursing, advanced 17 
practice registered nursing, licensed practical nursing, certified nursing assistants, 18 
certified medication technicians, electrology, direct–entry midwifery, and certified 19 
midwifery; 20 
 
 (3) To adopt rules and regulations for the performance of delegated medical 21 
functions that are recognized jointly by the State Board of Physicians and the State Board 22 
of Nursing, under § 14–306(d) of this article; 23 
 
 (4) To adopt rules and regulations for the performance of additional 24 
nursing acts that: 25 
 
 (i) May be performed under any condition authorized by the Board, 26 
including emergencies; and 27 
 
 (ii) Require education and clinical experience; 28 
 
 (5) To adopt rules and regulations for registered nurses to perform 29 
independent nursing functions that: 30 
 
 (i) Require formal education and clinical experience; and 31 
 
 (ii) May be performed under any condition authorized by the Board, 32 
including emergencies; 33   	HOUSE BILL 1208 	3 
 
 
 
 (6) To adopt rules and regulations for licensed practical nurses to perform 1 
additional acts in the practice of registered nursing that: 2 
 
 (i) Require formal education and clinical experience; 3 
 
 (ii) May be performed under any condition authorized by the Board, 4 
including emergencies; and 5 
 
 (iii) Are recognized by the Nursing Board as proper for licensed 6 
practical nurses to perform; 7 
 
 (7) TO ADOPT RULES AND RE GULATIONS FOR CLINIC AL EXTERN 8 
CERTIFICATES AUTHORI ZED UNDER § 8–514 OF THIS TITLE;  9 
 
 [(7)] (8) To keep a record of its proceedings; 10 
 
 [(8)] (9) To submit to the Governor, the Secretary, and, in accordance 11 
with § 2–1257 of the State Government Article, the General Assembly, an annual report 12 
that includes [the]: 13 
 
 (I) THE following data calculated on a fiscal year basis: 14 
 
 [(i)] 1. The number of initial and renewal licenses and certificates 15 
issued; 16 
 
 [(ii)] 2. The number of positive and negative criminal history 17 
records checks results received; 18 
 
 [(iii)] 3. The number of individuals denied initial or renewal 19 
licensure or certification due to positive criminal history records checks results; 20 
 
 [(iv)] 4. The number of individuals denied licensure or certification 21 
due to reasons other than a positive criminal history records check; 22 
 
 [(v)] 5. The number of new complaints received; 23 
 
 [(vi)] 6. The number of complaints carried over from year to year; 24 
 
 [(vii)] 7. The most common grounds for complaints; and 25 
 
 [(viii)]  8. The number and types of disciplinary actions taken 26 
by the Board; AND 27 
 
 (II) BY ANALYZING INFORMAT ION GATHERED FROM RE NEWAL 28 
APPLICATIONS SUBMITT ED UNDER § 8–312 OF THIS TITLE, AN EVALUATION OF THE 29  4 	HOUSE BILL 1208  
 
 
STATE’S NURSING WORKFORCE BY CERTIFICATION LEV EL, REGION, AND TYPE OF 1 
WORKPLACE , INCLUDING HOSPITALS AND HOME HEALTH WORK ERS;  2 
 
 [(9)] (10) To enforce the employment record requirements of this title; 3 
 
 [(10)] (11) To keep separate lists, which lists are open to reasonable public 4 
inspection, of all: 5 
 
 (i) Registered nurses licensed under this title; 6 
 
 (ii) Licensed practical nurses licensed under this title; 7 
 
 (iii) Nurse midwives certified under this title; 8 
 
 (iv) Nurse practitioners certified under this title; 9 
 
 (v) Nurse anesthetists certified under this title; 10 
 
 (vi) Clinical nurse specialists certified under this title; 11 
 
 (vii) Certified medication technicians certified under this title; 12 
 
 (viii) Electrologists licensed under this title; 13 
 
 (ix) Direct–entry midwives licensed under this title; 14 
 
 (x) Certified midwives licensed under this title; and 15 
 
 (xi) Other licensees with a nursing specialty that is certified under 16 
this title; 17 
 
 [(11)] (12) To collect any funds of the Board; 18 
 
 [(12)] (13) To report any alleged violation of this title to the State’s Attorney 19 
of the county where the alleged violation occurred; 20 
 
 [(13)] (14) In accordance with the State budget, to incur any necessary 21 
expense for prosecution of an alleged violation of this title; 22 
 
 [(14)] (15) On receipt of a written and signed complaint, including a referral 23 
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 24 
office of a nurse in independent practice, other than an office of a nurse in independent 25 
practice in a hospital, related institution, freestanding medical facility, or a freestanding 26 
birthing center, to determine compliance at that office with the Centers for Disease Control 27 
and Prevention’s guidelines on universal precautions; 28 
   	HOUSE BILL 1208 	5 
 
 
 [(15)] (16) To maintain a nurse aide registry that complies with federal law; 1 
 
 [(16)] (17) To appoint standing and ad hoc committees from among Board 2 
members as necessary; and 3 
 
 [(17)] (18) To delegate to the executive director of the Board the authority 4 
to discharge Board duties deemed appropriate and necessary by the Board and to hold the 5 
executive director accountable to the Board. 6 
 
 (b) With regard to any list kept by the Board under subsection [(a)(10)] (A)(11) 7 
of this section, upon written request from an individual licensee the Board shall delete that 8 
individual’s name from any licensee list purchased from the Board. 9 
 
 (c) (1) The Board is the only unit of the Department that is responsible for 10 
adopting rules and regulations to determine: 11 
 
 (i) Individuals to whom any act of the practice of registered nursing 12 
and licensed practical nursing may be delegated; and 13 
 
 (ii) The acts that may be delegated safely. 14 
 
 (2) The Department shall retain its authority to require training for 15 
nonlicensed patient care personnel under § 19–308.1 of the Health – General Article. 16 
 
8–205.2. 17 
 
 THE BOARD SHALL:  18 
 
 (1) CREATE AND IMPLEMENT A MARKETING PLA N TO ATTRACT 19 
INDIVIDUALS TO SEEK LICENSURE AND CERTIF ICATION UNDER THIS T ITLE; AND 20 
 
 (2) CREATE AND MAINTAIN O N ITS PUBLICLY ACCES SIBLE WEBSITE A 21 
SINGLE LOCATION THAT HAS INFORMATION FOR INDIVIDUALS SEEKING LICENSURE 22 
OR CERTIFICATION UND ER THIS TITLE ON:  23 
 
 (I) PATHWAYS TO LICENSURE OR CERTIFICATION ;  24 
 
 (II) FUNDING AND FINANCING OPTIONS TO PAY FOR R EQUIRED 25 
EDUCATION AND TRAINI NG; AND  26 
 
 (III) ACCREDITED SCHOOLS AN D TRAINING PROGRAMS .  27 
 
8–312. 28 
 
 (c) Before a license expires, the licensee periodically may renew it for an 29 
additional term, if the licensee: 30  6 	HOUSE BILL 1208  
 
 
 
 (1) Otherwise is entitled to be licensed; 1 
 
 (2) Pays to the Board: 2 
 
 (i) A renewal fee set by the Board; or 3 
 
 (ii) A renewal fee that is set by the Board if the licensee certifies to 4 
the Board that the licensee provides professional services only as a volunteer; and 5 
 
 (3) Submits to the Board by paper application or electronic means: 6 
 
 (i) A renewal application on the form that the Board requires THAT 7 
INCLUDES WORKFORCE D ATA INFORMATION NECE SSARY FOR THE REPORT 8 
REQUIRED UNDER § 8–205(A) OF THIS TITLE; and 9 
 
 (ii) Satisfactory evidence of completion of: 10 
 
 1. 1,000 hours of active nursing practice within the 5–year 11 
period immediately preceding the date of renewal; 12 
 
 2. A course of instruction, commonly known as a refresher 13 
course, approved by the Board; 14 
 
 3. A preceptorship program provided by an employer and 15 
approved by the Board; or 16 
 
 4. A minimum number of continuing education units as 17 
required by regulations adopted by the Board. 18 
 
8–514. 19 
 
 (A) IN THIS SECTION , “CLINICAL EXTERN ” MEANS A STUDENT AT A N 20 
ACCREDITED SCHOOL OF NURSING APPROVED BY THE BOARD WHO HAS BEEN 21 
CERTIFIED BY THE BOARD TO AUGMENT THE HEALTH SERVICES WORK FORCE.  22 
 
 (B) THE BOARD SHALL ISSUE A C LINICAL EXTERN CERTIFICATE TO A 23 
NURSING STUDENT WHO : 24 
 
 (1) SUBMITS TO THE BOARD: 25 
 
 (I) AN APPLICATION ON THE FORM REQUIRED BY THE BOARD; 26 
AND 27 
 
 (II) A SUPERVISOR AGREEMENT SIGNED BY THE APPLIC ANT’S 28 
PROPOSED LICENSEE SU PERVISOR;  29   	HOUSE BILL 1208 	7 
 
 
 
 (2) HAS MET THE EDUCATION AL CRITERIA ESTABLISHED BY THE 1 
BOARD; AND  2 
 
 (3) MEETS ANY OTHER CRITE RIA ESTABLISHED BY T HE BOARD FOR 3 
CERTIFICATION AS A C LINICAL EXTERN . 4 
 
 (C) A CLINICAL EXTERN MAY : 5 
 
 (1) PRACTICE AT A HOSPITA L OR AUXILIARY TREAT MENT SITE 6 
APPROVED BY THE BOARD;  7 
 
 (2) PERFORM HEALTH CARE SERVICES APPROVED BY THE BOARD 8 
ONLY UNDER THE DIREC T SUPERVISION OF THE LICENSEE SUPERVISOR APPROVED 9 
BY THE BOARD; AND  10 
 
 (3) PROVIDE HEALTH CARE S ERVICES IN ACCORDANC E WITH THE 11 
CLINICAL EXTERN ’S TRAINING AND TO TH E EXTENT OF THE CLIN ICAL EXTERN’S 12 
COMPETENCY AS DETERM INED BY THE CLINICAL EXTERN’S LICENSEE SUPERVISO R.  13 
 
 (D) THE BOARD SHALL ADOPT REG ULATIONS NECESSARY T O CARRY OUT 14 
THIS SECTION.  15 
 
8–6A–05. 16 
 
 (a) The Board shall adopt regulations establishing: 17 
 
 (1) Categories of certified nursing assistants, including geriatric nursing 18 
assistants, home health aides, school health aides, dialysis technicians, individuals 19 
working in developmental disabilities administration facilities, and medicine aides; 20 
 
 (2) Qualifications for each category of certified nursing assistant; 21 
 
 (3) Qualifications for certified medication technicians; [and] 22 
 
 (4) Standards for qualification of applicants for certification, including the 23 
applicant’s criminal history, work record, and prohibitions against behavior which may be 24 
potentially harmful to patients; AND 25 
 
 (5) STANDARDS FOR THE ONL INE PROVISION OF ALL ASPECTS OF A 26 
NURSING ASSISTANT TR AINING PROGRAM THAT MEETS THE REQUIREMEN TS 27 
ESTABLISHED BY THE BOARD.  28 
  8 	HOUSE BILL 1208  
 
 
 (b) (1) To qualify for certification as a nursing assistant, a nursing assistant 1 
in a specific category, or a medication technician, an applicant shall meet the requirements 2 
set by the Board. 3 
 
 (2) REQUIREMENTS SET BY T HE BOARD UNDER PARAGRAPH (1) OF 4 
THIS SUBSECTION REGA RDING QUALIFICATIONS FOR CERTIFICATION AS A 5 
GERIATRIC NURSING ASSISTANT SH ALL INCLUDE PROVISIO NS TO ALLOW AN 6 
INDIVIDUAL WHO HAS B EEN PRACTICING AS A TEMPORARY NURSING ASSISTANT 7 
WITHOUT CERTIFICATIO N BY THE BOARD, IN ACCORDANCE WITH T HE WAIVER OF 8 
THE REQUIREMENTS OF 42 C.F.R. § 483.35(D) ISSUED BY THE CENTERS FOR 9 
MEDICARE AND MEDICAID SERVICES ON MARCH 6, 2020, TO APPLY ON–THE–JOB 10 
EXPERIENCE AS A NURS ING ASSISTANT TOWARD THE TOTAL NUMBER OF TRAINING 11 
HOURS REQUIRED FOR C ERTIFICATION AS A GERIATRIC NURSI NG ASSISTANT.  12 
 
8–6A–14. 13 
 
 (G) THE BOARD SHALL APPROVE T HE USE OF A NURSING ASSISTANT 14 
TRAINING SITE BY A N URSING ASSISTANT TRA INING PROGRAM WITHIN 14 DAYS 15 
AFTER THE NURSING AS SISTANT TRAINING PRO GRAM APPLIES FOR APP ROVAL IF 16 
THE NURSING ASSISTAN T TRAINING PROGRAM H AD PREVIOUSLY BEEN A PPROVED 17 
TO USE THE TRAINING SITE BY THE BOARD.  18 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19 
as follows: 20 
 
Article – Tax – General 21 
 
10–739.1. 22 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23 
INDICATED. 24 
 
 (2) “ADVANCED PRACTICE REGISTERED NURSE” HAS THE SAME 25 
MEANING STATED IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE. 26 
 
 (3) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF 27 
HEALTH. 28 
 
 (3) (4) “LICENSED PRACTICAL NU RSE” HAS THE MEANING STAT ED 29 
IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE. 30 
 
 (4) “NURSE PRACTITIONER ” HAS THE MEANING STAT ED IN § 8–101 31 
OF THE HEALTH OCCUPATIONS ARTICLE. 32 
   	HOUSE BILL 1208 	9 
 
 
 (5) “PRECEPTORSHIP PROGRAM ” MEANS AN ORGANIZED S YSTEM OF 1 
CLINICAL EXPERIENCE THAT, FOR THE PURPOSE OF A TTAINING SPECIFIED 2 
LEARNING OBJECTIVES , PAIRS A LICENSED PRA CTICAL NURSE OR REGI STERED 3 
NURSE STUDENT ENROLL ED IN A NURSING EDUC ATION PROGRAM THAT I S 4 
RECOGNIZED BY THE STATE BOARD OF NURSING WITH A LICENS ED PRACTICAL 5 
NURSE, NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED NURSE , OR 6 
REGISTERED NURS E WHO MEETS THE QUAL IFICATIONS AS A PREC EPTOR. 7 
 
 (6) “REGISTERED NURSE ” HAS THE MEANING STAT ED IN § 8–101 OF 8 
THE HEALTH OCCUPATIONS ARTICLE. 9 
 
 (B) (1) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A LICENSED 10 
PRACTICAL NURSE , NURSE PRACTITIONER ADVANCED PRACTICE REGISTERED 11 
NURSE, OR REGISTERED NURSE MAY CLAIM A CREDIT A GAINST THE STATE INCOME 12 
TAX IN THE AMOUNT ST ATED ON THE TAX CRED IT CERTIFICATE ISSUE D UNDER 13 
SUBSECTION (C) OF THIS SECTION FOR THE TAXABLE YEAR IN WHICH THE LICENSED 14 
PRACTICAL NURSE , NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED 15 
NURSE, OR REGISTERED NURSE SERVED WITHOUT COMPE NSATION AS A PRECEPT OR 16 
IN A PRECEPTORSHIP P ROGRAM APPROVED BY T HE STATE BOARD OF NURSING AND 17 
WORKED: 18 
 
 (I) A MINIMUM OF THREE R OTATIONS, EACH CONSISTING OF A T 19 
LEAST 100 HOURS OF COMMUNITY –BASED CLINICAL TRAIN ING; AND 20 
 
 (II) IN AN AREA OF THE STATE IDENTIFIED AS H AVING A 21 
HEALTH CARE WORKFORC E SHORTAGE BY THE DEPARTMENT , IN CONSULTATION 22 
WITH THE GOVERNOR’S WORKFORCE DEVELOPMENT BOARD. 23 
 
 (2) (I) THE TOTAL AMOUNT OF T HE CREDIT ALLOWED UND ER THIS 24 
SECTION FOR ANY TAXA BLE YEAR MAY NOT EXC EED THE STATE INCOME TAX 25 
IMPOSED FOR THAT TAX ABLE YEAR. 26 
 
 (II) ANY UNUSED AMOUNT OF THE CREDIT FOR ANY T AXABLE 27 
YEAR MAY NOT BE CARR IED OVER TO ANY OTHE R TAXABLE YEAR . 28 
 
 (C) (1) ON APPLICATION BY A LICENSED PRACTICAL NURSE , NURSE 29 
PRACTITIONER ADVANCED PRACTICE RE GISTERED NURSE , OR REGISTERED NURSE , 30 
THE DEPARTMENT SHALL ISSU E A CREDIT CERTIFICA TE IN THE AMOUNT OF $1,000 31 
FOR EACH STUDENT ROT ATION OF THE MINIMUM NUMBER OF HOURS REQU IRED 32 
UNDER SUBSECTION (B)(1)(I) OF THIS SECTION FOR WHICH THE LICENSED 33 
PRACTICAL NURSE , NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED 34 
NURSE, OR REGISTERED NURSE 	SERVED AS A PRECEPTO	R WITHOUT 35 
COMPENSATION . 36 
  10 	HOUSE BILL 1208  
 
 
 (2) THE APPLICATION SHALL CONTAIN: 1 
 
 (I) THE NAME OF T HE APPLICANT; 2 
 
 (II) INFORMATION IDENTIFY ING THE PRECEPTORSHI P IN 3 
WHICH THE APPLICANT PARTICIPATED ; 4 
 
 (III) THE NUMBER AND NAMES OF THE STUDENTS FOR WHOM 5 
THE INDIVIDUAL SERVE D AS A PRECEPTOR WIT HOUT COMPENSATION ; AND 6 
 
 (IV) ANY OTHER INFORMATIO N THAT THE DEPARTMENT 7 
REQUIRES. 8 
 
 (3) FOR ANY TAXABLE YEAR , THE AMOUNT OF TAX CR EDIT STATED IN 9 
THE TAX CREDIT CERTI FICATE MAY NOT EXCEE D $10,000. 10 
 
 (4) THE DEPARTMENT SHALL : 11 
 
 (I) APPROVE ALL APPLICAT IONS THAT QUALIFY FO R A TAX 12 
CREDIT CERTIFICATE U NDER THIS SUBSECTION ON A FIRS T–COME, FIRST–SERVED 13 
BASIS; AND 14 
 
 (II) NOTIFY A TAXPAYER WI THIN 45 DAYS OF RECEIPT OF T HE 15 
TAXPAYER’S APPLICATION OF ITS APPROVAL OR DENIAL . 16 
 
 (5) (I) FOR EACH TAXABLE YEAR , THE TOTAL AMOUNT OF TAX 17 
CREDIT CERTIFICATES THAT MAY BE ISSU ED BY THE DEPARTMENT UNDER THIS 18 
SECTION MAY NOT EXCE ED THE LESSER OF : 19 
 
 1. THE TOTAL FUNDS IN T HE LICENSED PRACTICAL 20 
NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND FOR THAT 21 
YEAR; OR 22 
 
 2. $100,000. 23 
 
 (II) IF THE AGGREGATE AMOU NT OF TAX CREDIT CERTIFICATES 24 
ISSUED UNDER THIS SE CTION DURING A TAXAB LE YEAR TOTALS LESS THAN THE 25 
AMOUNT AUTHORIZED UN DER THIS PARAGRAPH , ANY EXCESS AMOUNT MA Y BE 26 
ISSUED UNDER TAX CRE DIT CERTIFICATES IN THE NEXT TAXABLE YEA R. 27 
 
 (D) (1) IN THIS SECTION , “FUND” MEANS TH E LICENSED PRACTICAL 28 
NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND 29 
ESTABLISHED UNDER PA RAGRAPH (2) OF THIS SUBSECTION . 30 
   	HOUSE BILL 1208 	11 
 
 
 (2) THERE IS A LICENSED PRACTICAL NURSE AND REGISTERED 1 
NURSE PRECEPTORSHIP TAX CREDIT FUND. 2 
 
 (3) THE DEPARTMENT SHALL ADMINISTER THE FUND. 3 
 
 (4) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS OF THE TAX 4 
CREDIT AVAILABLE UND ER THIS SECTION. 5 
 
 (5) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 6 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7 
 
 (6) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 8 
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 9 
 
 (7) THE FUND CONSISTS OF : 10 
 
 (I) FEDERAL FUNDING PROV IDED UNDER:  11 
 
 1. THE FEDERAL CORONAVIRUS AID, RELIEF, AND 12 
ECONOMIC SECURITY ACT;  13 
 
 2. THE FEDERAL CONSOLIDATED APPROPRIATIONS 14 
ACT, 2021; OR 15 
 
 3. ANY OTHER FEDERAL COVID–19 PANDEMIC RELIEF 16 
FUNDING;  17 
 
 (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 18 
FUND; AND 19 
 
 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 20 
FOR THE BENEFIT OF T HE FUND. 21 
 
 (8) THE MONEY IN THE FUND SHALL BE INVESTE D AND REINVESTED 22 
BY THE STATE TREASURER, AND INTEREST AND EAR NINGS SHALL BE CREDI TED TO 23 
THE GENERAL FUND OF THE STATE. 24 
 
 (9) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS PARA GRAPH, 25 
MONEY CREDITED OR AP PROPRIATED TO THE FUND SHALL REMAIN IN THE FUND. 26 
 
 (II) 1. WITHIN 15 DAYS AFTER THE END O F EACH CALENDAR 27 
QUARTER, THE DEPARTMENT SHALL NOTI FY THE COMPTROLLER AS TO EAC H 28 
CREDIT CERTIFICATE I SSUED DURING THE QUA RTER. 29 
  12 	HOUSE BILL 1208  
 
 
 2. ON NOTIFICATION THAT A CREDIT CERTIFICATE HAS 1 
BEEN ISSUED BY THE DEPARTMENT , THE COMPTROLLER SHALL TRA NSFER AN 2 
AMOUNT EQUAL TO THE CREDIT AMOUNT STATED IN THE TAX CREDIT CE RTIFICATE 3 
FROM THE FUND TO THE GENERAL FUND OF THE STATE. 4 
 
 (E) ON OR BEFORE JANUARY 31 EACH TAXABLE YEAR , THE DEPARTMENT 5 
SHALL: 6 
 
 (1) REPORT TO THE COMPTROLLER ON THE TA	X CREDIT 7 
CERTIFICATES ISSUED UNDER THIS SECTION D URING THE PRIOR TAXA BLE YEAR; 8 
AND 9 
 
 (2) REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH §  10 
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE UTILIZAT ION OF THE 11 
CREDIT ESTABLISHED U NDER THIS SECTION . 12 
 
 (F) THE DEPARTMENT , IN CONSULTATION WITH THE GOVERNOR’S 13 
WORKFORCE DEVELOPMENT BOARD, SHALL ADOPT REGULATI ONS TO CARRY OUT 14 
THE PROVISIONS OF TH IS SECTION, INCLUDING THE CRITER IA AND PROCEDURES 15 
FOR APPLICAT ION FOR, APPROVAL OF , AND MONITORING ELIGI BILITY FOR THE TAX 16 
CREDIT AUTHORIZED UN DER THIS SECTION . 17 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That: 18 
 
 (a) The Maryland Department of Health shall work with the Division of 19 
Workforce Development and Adult Learning in the Maryland Department of Labor to 20 
convene a stakeholder workgroup to:  21 
 
 (1) study expanding the State apprenticeship programs to the health care 22 
workforce; and 23 
 
 (2) make recommendations on: 24 
 
 (i) health care fields that could be best served by introducing a 25 
health care apprenticeship program, including health–related fields that do not require 26 
licensure or certification under the Health Occupations Article;  27 
 
 (ii) options to provide incentives to experienced health care 28 
practitioners to work with health care apprentices;  29 
 
 (iii) safeguards needed to ensure the safety of the public when 30 
receiving health care services from health care apprentices; and 31 
 
 (iv) funding needed to support a health care apprenticeship program; 32 
and 33 
   	HOUSE BILL 1208 	13 
 
 
 (v) nomenclature to describe apprenticeship programs for health 1 
care apprentices. 2 
 
 (b) On or before December 1, 2022, the Maryland Department of Health shall 3 
report the findings and recommendations of the workgroup to the Senate Education, 4 
Health, and Environmental Affairs Committee and the House Health and Government 5 
Operations Committee, in accordance with § 2–1257 of the State Government Article.  6 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That: 7 
 
 (a) The Maryland Department of Health shall convene a stakeholder workgroup 8 
to examine how the State can implement a loan repayment assistance program for nurses 9 
and other health practitioners regulated by the State Board of Nursing to further 10 
incentivize the health practitioners to practice in professional shortage areas and medically 11 
underserved areas in the State. 12 
 
 (b) The workgroup shall consist of the following members: 13 
 
 (1) the Secretary of Health, or the Secretary’s designee; 14 
 
 (2) one representative of the State Board of Nursing, designated by the 15 
Executive Director of the Board; 16 
 
 (3) one representative of the Maryland Nurses Association, designated by 17 
the President of the Association; 18 
 
 (4) one representative of 1199 SEIU United Healthcare Workers East, 19 
designated by the President of the union; 20 
 
 (5) one representative of the Health Facilities Association of Maryland, 21 
designated by the President of the Association; 22 
 
 (6) one representative of the Maryland Hospital Association, designated by 23 
the President of the Association; 24 
 
 (7) one representative of the LifeSpan Network, designated by the 25 
President of the Network; and 26 
 
 (8) one representative of Leading Age Maryland, designated by the 27 
President of the union.  28 
 
 (c) The workgroup shall consult with the Department of Legislative Services 29 
when developing its recommendations. 30 
 
 (d) The workgroup shall: 31 
  14 	HOUSE BILL 1208  
 
 
 (1) review nursing school debt experienced in the United States and in 1 
Maryland;  2 
 
 (2) examine other models for recruitment and retention of nurses and other 3 
health care practitioners regulated by the State Board of Nursing that operate in other 4 
states, including how these models are funded and how a loan repayment assistance 5 
program for the health care practitioners could be competitive with other states; 6 
 
 (3) examine and recommend methods to incentivize nursing and nursing 7 
worker students to commit to practicing in medically underserved areas in the State before 8 
entering an educational program or on graduation from nursing school or a program 9 
focusing on training for health care practitioners regulated by the State Board of Nursing; 10 
and 11 
 
 (4) investigate the availability of federal grants to further expand loan 12 
repayment and loan forgiveness for nurses and other health care practitioners regulated 13 
by the State Board of Nursing in Maryland. 14 
 
 (e) (1) On or before December 1, 2022, the workgroup shall submit an interim 15 
report of its findings and recommendations to the General Assembly in accordance with § 16 
2–1257 of the State Government Article. 17 
 
 (2) On or before December 1, 2023, the workgroup shall submit a final 18 
report of its findings and recommendations, including recommendations on the structure 19 
of a permanent advisory council and a permanent funding structure for a loan repayment 20 
assistance program for nurses and other health care practitioners regulated by the State 21 
Board of Nursing, to the General Assembly, in accordance with § 2–1257 of the State 22 
Government Article.  23 
 
 SECTION 4. 5. AND BE IT FURTHER ENACTED, That the State Board of Nursing 24 
shall adopt the regulations required under § 8–6A–05(b)(2) of the Health Occupations 25 
Article, as enacted under Section 1 of this Act, on or before December 31, 2022.  26 
 
 SECTION 5. 6. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 27 
take effect June July 1, 2022, and shall be applicable to all taxable years beginning after 28 
December 31, 2021, but before January 1, 2025. Section 2 of this Act shall remain effective 29 
for a period of 3 years and, at the end of May 31 June 30, 2025, Section 2 of this Act, with 30 
no further action required by the General Assembly, shall be abrogated and of no further 31 
force and effect.  32 
 
 SECTION 7. AND BE IT FURTHER ENACTED, That, except as provided in Section 33 
6 of this Act, this Act shall take effect June 1, 2022.  34