MD
Maryland House Bill HB1208

Maryland 2022 Regular Session

Maryland House Bill HB1208 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 675
21
3-– 1 –
4-Chapter 675
5-(House Bill 1208)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1208*
810
9-Health Occupations – Health Care Workforce Expansion
11+HOUSE BILL 1208
12+J2, Q3 (2lr0907)
13+ENROLLED BILL
14+— Health and Government Operations/Budget and Taxation and Education, Health,
15+and Environmental Affairs —
16+Introduced by Delegate Kelly Delegates Kelly, Bagnall, Belcastro, Bhandari, Carr,
17+Chisholm, Cullison, Hill, Johnson, Kaiser, Kerr, Kipke, Landis, R. Lewis,
18+Morgan, Pena –Melnyk, Pendergrass, Reilly, Rosenberg, Saab,
19+Sample–Hughes, Szeliga, and K. Young
1020
11-FOR the purpose of establishing requirements on the State Board of Nursing related to the
12-expansion of the workforce in nursing–related fields; establishing a State income tax
13-credit for certain licensed practical nurses, nurse practitioners advanced practice
14-registered nurses, and registered nurses; establishing the Licensed Practical Nurse
15-and Registered Nurse Preceptorship Tax Credit Fund as a special, nonlapsing fund;
16-requiring the Maryland Department of Health to work with the Division of
17-Workforce Development and Adult Learning in the Maryland Department of Labor
18-to convene a stakeholder workgroup to study expanding the State apprenticeship
19-programs to the health care workforce; requiring the Maryland Department of
20-Health to convene a workgroup to study how the State can implement a certain loan
21-repayment assistance program; and generally relating to expansion of the health
22-care workforce in the State.
21+Read and Examined by Proofreaders:
2322
24-BY repealing and reenacting, with amendments,
25- Article – Health Occupations
26-Section 8–205, 8–312(c), and 8–6A–05(b) 8–6A–05(a) and (b)
27- Annotated Code of Maryland
28- (2021 Replacement Volume)
23+_______________________________________________
24+Proofreader.
25+_______________________________________________
26+Proofreader.
2927
30-BY adding to
31- Article – Health Occupations
32- Section 8–205.2 and 8–514 8–6A–14(g)
33- Annotated Code of Maryland
34- (2021 Replacement Volume)
28+Sealed with the Great Seal and presented to the Governor, for his approval this
3529
36-BY adding to
37- Article – Tax – General
38-Section 10–739.1
39- Annotated Code of Maryland
40- (2016 Replacement Volume and 2021 Supplement)
30+_______ day of _______________ at ________________________ o’clock, ________M.
4131
42- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
43-That the Laws of Maryland read as follows:
32+______________________________________________
33+Speaker.
4434
45-Article – Health Occupations
35+CHAPTER ______
4636
47-8–205.
48- Ch. 675 2022 LAWS OF MARYLAND
37+AN ACT concerning 1
4938
50-– 2 –
51- (a) In addition to the powers and duties set forth elsewhere in this title, the Board
52-has the following powers and duties:
39+Health Occupations – Health Care Workforce Expansion 2
5340
54- (1) To adopt rules and regulations to carry out the provisions of this title;
41+FOR the purpose of establishing requirements on the State Board of Nursing related to the 3
42+expansion of the workforce in nursing–related fields; establishing a State income tax 4
43+credit for certain licensed practical nurses, nurse practitioners advanced practice 5
44+registered nurses, and registered nurses; establishing the Licensed Practical Nurse 6
45+and Registered Nurse Preceptorship Tax Credit Fund as a special, nonlapsing fund; 7
46+requiring the Maryland Department of Health to work with the Division of 8
47+Workforce Development and Adult Learning in the Maryland Department of Labor 9
48+to convene a stakeholder workgroup to study expanding the State apprenticeship 10
49+programs to the health care workforce; requiring the Maryland Department of 11 2 HOUSE BILL 1208
5550
56- (2) To set standards for the practice of registered nursing, advanced
57-practice registered nursing, licensed practical nursing, certified nursing assistants,
58-certified medication technicians, electrology, direct–entry midwifery, and certified
59-midwifery;
6051
61- (3) To adopt rules and regulations for the performance of delegated medical
62-functions that are recognized jointly by the State Board of Physicians and the State Board
63-of Nursing, under § 14–306(d) of this article;
52+Health to convene a workgroup to study how the State can implement a certain loan 1
53+repayment assistance program; and generally relating to expansion of the health 2
54+care workforce in the State. 3
6455
65- (4) To adopt rules and regulations for the performance of additional
66-nursing acts that:
56+BY repealing and reenacting, with amendments, 4
57+ Article – Health Occupations 5
58+Section 8–205, 8–312(c), and 8–6A–05(b) 8–6A–05(a) and (b) 6
59+ Annotated Code of Maryland 7
60+ (2021 Replacement Volume) 8
6761
68- (i) May be performed under any condition authorized by the Board,
69-including emergencies; and
62+BY adding to 9
63+ Article – Health Occupations 10
64+ Section 8–205.2 and 8–514 8–6A–14(g) 11
65+ Annotated Code of Maryland 12
66+ (2021 Replacement Volume) 13
7067
71- (ii) Require education and clinical experience;
68+BY adding to 14
69+ Article – Tax – General 15
70+Section 10–739.1 16
71+ Annotated Code of Maryland 17
72+ (2016 Replacement Volume and 2021 Supplement) 18
7273
73- (5) To adopt rules and regulations for registered nurses to perform
74-independent nursing functions that:
74+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
75+That the Laws of Maryland read as follows: 20
7576
76- (i) Require formal education and clinical experience; and
77+Article – Health Occupations 21
7778
78- (ii) May be performed under any condition authorized by the Board,
79-including emergencies;
79+8–205. 22
8080
81- (6) To adopt rules and regulations for licensed practical nurses to perform
82-additional acts in the practice of registered nursing that:
81+ (a) In addition to the powers and duties set forth elsewhere in this title, the Board 23
82+has the following powers and duties: 24
8383
84- (i) Require formal education and clinical experience;
84+ (1) To adopt rules and regulations to carry out the provisions of this title; 25
8585
86- (ii) May be performed under any condition authorized by the Board,
87-including emergencies; and
86+ (2) To set standards for the practice of registered nursing, advanced 26
87+practice registered nursing, licensed practical nursing, certified nursing assistants, 27
88+certified medication technicians, electrology, direct–entry midwifery, and certified 28
89+midwifery; 29
8890
89- (iii) Are recognized by the Nursing Board as proper for licensed
90-practical nurses to perform;
91+ (3) To adopt rules and regulations for the performance of delegated medical 30
92+functions that are recognized jointly by the State Board of Physicians and the State Board 31
93+of Nursing, under § 14–306(d) of this article; 32
9194
92- (7) TO ADOPT RULES AND RE GULATIONS FOR CLINIC AL EXTERN
93-CERTIFICATES AUTHORI ZED UNDER § 8–514 OF THIS TITLE;
95+ (4) To adopt rules and regulations for the performance of additional 33
96+nursing acts that: 34
97+ HOUSE BILL 1208 3
9498
95- [(7)] (8) To keep a record of its proceedings;
96- LAWRENCE J. HOGAN, JR., Governor Ch. 675
9799
98-– 3 –
99- [(8)] (9) To submit to the Governor, the Secretary, and, in accordance
100-with § 2–1257 of the State Government Article, the General Assembly, an annual report
101-that includes [the]:
100+ (i) May be performed under any condition authorized by the Board, 1
101+including emergencies; and 2
102102
103- (I) THE following data calculated on a fiscal year basis:
103+ (ii) Require education and clinical experience; 3
104104
105- [(i)] 1. The number of initial and renewal licenses and certificates
106-issued;
105+ (5) To adopt rules and regulations for registered nurses to perform 4
106+independent nursing functions that: 5
107107
108- [(ii)] 2. The number of positive and negative criminal history
109-records checks results received;
108+ (i) Require formal education and clinical experience; and 6
110109
111- [(iii)] 3. The number of individuals denied initial or renewal
112-licensure or certification due to positive criminal history records checks results;
110+ (ii) May be performed under any condition authorized by the Board, 7
111+including emergencies; 8
113112
114- [(iv)] 4. The number of individuals denied licensure or certification
115-due to reasons other than a positive criminal history records check;
113+ (6) To adopt rules and regulations for licensed practical nurses to perform 9
114+additional acts in the practice of registered nursing that: 10
116115
117- [(v)] 5. The number of new complaints received;
116+ (i) Require formal education and clinical experience; 11
118117
119- [(vi)] 6. The number of complaints carried over from year to year;
118+ (ii) May be performed under any condition authorized by the Board, 12
119+including emergencies; and 13
120120
121- [(vii)] 7. The most common grounds for complaints; and
121+ (iii) Are recognized by the Nursing Board as proper for licensed 14
122+practical nurses to perform; 15
122123
123- [(viii)] 8. The number and types of disciplinary actions taken
124-by the Board; AND
124+ (7) TO ADOPT RULES AND RE GULATIONS FOR CLINIC AL EXTERN 16
125+CERTIFICATES AUTHORI ZED UNDER § 8–514 OF THIS TITLE; 17
125126
126- (II) BY ANALYZING INFORMAT ION GATHERED FROM RENEWAL
127-APPLICATIONS SUBMITT ED UNDER § 8–312 OF THIS TITLE, AN EVALUATION OF THE
128-STATE’S NURSING WORKFORCE BY CERTIFICATION LEV EL, REGION, AND TYPE OF
129-WORKPLACE , INCLUDING HOSPITALS AND HOME HEALTH WORK ERS;
127+ [(7)] (8) To keep a record of its proceedings; 18
130128
131- [(9)] (10) To enforce the employment record requirements of this title;
129+ [(8)] (9) To submit to the Governor, the Secretary, and, in accordance 19
130+with § 2–1257 of the State Government Article, the General Assembly, an annual report 20
131+that includes [the]: 21
132132
133- [(10)] (11) To keep separate lists, which lists are open to reasonable public
134-inspection, of all:
133+ (I) THE following data calculated on a fiscal year basis: 22
135134
136- (i) Registered nurses licensed under this title;
135+ [(i)] 1. The number of initial and renewal licenses and certificates 23
136+issued; 24
137137
138- (ii) Licensed practical nurses licensed under this title;
138+ [(ii)] 2. The number of positive and negative criminal history 25
139+records checks results received; 26
139140
140- (iii) Nurse midwives certified under this title;
141+ [(iii)] 3. The number of individuals denied initial or renewal 27
142+licensure or certification due to positive criminal history records checks results; 28
141143
142- (iv) Nurse practitioners certified under this title;
143- Ch. 675 2022 LAWS OF MARYLAND
144+ [(iv)] 4. The number of individuals denied licensure or certification 29
145+due to reasons other than a positive criminal history records check; 30 4 HOUSE BILL 1208
144146
145-– 4 –
146- (v) Nurse anesthetists certified under this title;
147147
148- (vi) Clinical nurse specialists certified under this title;
149148
150- (vii) Certified medication technicians certified under this title;
149+ [(v)] 5. The number of new complaints received; 1
151150
152- (viii) Electrologists licensed under this title;
151+ [(vi)] 6. The number of complaints carried over from year to year; 2
153152
154- (ix) Direct–entry midwives licensed under this title;
153+ [(vii)] 7. The most common grounds for complaints; and 3
155154
156- (x) Certified midwives licensed under this title; and
155+ [(viii)] 8. The number and types of disciplinary actions taken 4
156+by the Board; AND 5
157157
158- (xi) Other licensees with a nursing specialty that is certified under
159-this title;
158+ (II) BY ANALYZING INFORMAT ION GATHERED FROM RE NEWAL 6
159+APPLICATIONS SUBMITT ED UNDER § 8–312 OF THIS TITLE, AN EVALUATION OF THE 7
160+STATE’S NURSING WORKFORCE BY CERTIFICATION LEV EL, REGION, AND TYPE OF 8
161+WORKPLACE , INCLUDING HOSPITALS AND HOME HEALTH WORK ERS; 9
160162
161- [(11)] (12) To collect any funds of the Board;
163+ [(9)] (10) To enforce the employment record requirements of this title; 10
162164
163- [(12)] (13) To report any alleged violation of this title to the State’s Attorney
164-of the county where the alleged violation occurred;
165+ [(10)] (11) To keep separate lists, which lists are open to reasonable public 11
166+inspection, of all: 12
165167
166- [(13)] (14) In accordance with the State budget, to incur any necessary
167-expense for prosecution of an alleged violation of this title;
168+ (i) Registered nurses licensed under this title; 13
168169
169- [(14)] (15) On receipt of a written and signed complaint, including a referral
170-from the Commissioner of Labor and Industry, conduct an unannounced inspection of the
171-office of a nurse in independent practice, other than an office of a nurse in independent
172-practice in a hospital, related institution, freestanding medical facility, or a freestanding
173-birthing center, to determine compliance at that office with the Centers for Disease Control
174-and Prevention’s guidelines on universal precautions;
170+ (ii) Licensed practical nurses licensed under this title; 14
175171
176- [(15)] (16) To maintain a nurse aide registry that complies with federal law;
172+ (iii) Nurse midwives certified under this title; 15
177173
178- [(16)] (17) To appoint standing and ad hoc committees from among Board
179-members as necessary; and
174+ (iv) Nurse practitioners certified under this title; 16
180175
181- [(17)] (18) To delegate to the executive director of the Board the authority
182-to discharge Board duties deemed appropriate and necessary by the Board and to hold the
183-executive director accountable to the Board.
176+ (v) Nurse anesthetists certified under this title; 17
184177
185- (b) With regard to any list kept by the Board under subsection [(a)(10)] (A)(11)
186-of this section, upon written request from an individual licensee the Board shall delete that
187-individual’s name from any licensee list purchased from the Board.
178+ (vi) Clinical nurse specialists certified under this title; 18
188179
189- (c) (1) The Board is the only unit of the Department that is responsible for
190-adopting rules and regulations to determine: LAWRENCE J. HOGAN, JR., Governor Ch. 675
180+ (vii) Certified medication technicians certified under this title; 19
191181
192-– 5 –
182+ (viii) Electrologists licensed under this title; 20
193183
194- (i) Individuals to whom any act of the practice of registered nursing
195-and licensed practical nursing may be delegated; and
184+ (ix) Direct–entry midwives licensed under this title; 21
196185
197- (ii) The acts that may be delegated safely.
186+ (x) Certified midwives licensed under this title; and 22
198187
199- (2) The Department shall retain its authority to require training for
200-nonlicensed patient care personnel under § 19–308.1 of the Health – General Article.
188+ (xi) Other licensees with a nursing specialty that is certified under 23
189+this title; 24
201190
202-8–205.2.
191+ [(11)] (12) To collect any funds of the Board; 25
192+ HOUSE BILL 1208 5
203193
204- THE BOARD SHALL:
205194
206- (1) CREATE AND IMPLEMENT A MARKETING PLA N TO ATTRACT
207-INDIVIDUALS TO SEEK LICENSURE AND CERTIF ICATION UNDER THIS T ITLE; AND
195+ [(12)] (13) To report any alleged violation of this title to the State’s Attorney 1
196+of the county where the alleged violation occurred; 2
208197
209- (2) CREATE AND MAINTAIN O N ITS PUBLICLY ACCES SIBLE WEBSITE A
210-SINGLE LOCATION THAT HAS INFORMATION FOR INDIVIDUALS SEEKING LICENSURE
211-OR CERTIFICATION UND ER THIS TITLE ON:
198+ [(13)] (14) In accordance with the State budget, to incur any necessary 3
199+expense for prosecution of an alleged violation of this title; 4
212200
213- (I) PATHWAYS TO LICENSURE OR CERTIFICATION ;
201+ [(14)] (15) On receipt of a written and signed complaint, including a referral 5
202+from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 6
203+office of a nurse in independent practice, other than an office of a nurse in independent 7
204+practice in a hospital, related institution, freestanding medical facility, or a freestanding 8
205+birthing center, to determine compliance at that office with the Centers for Disease Control 9
206+and Prevention’s guidelines on universal precautions; 10
214207
215- (II) FUNDING AND FINANCING OPTIONS TO PAY FOR R EQUIRED
216-EDUCATION AND TRAINI NG; AND
208+ [(15)] (16) To maintain a nurse aide registry that complies with federal law; 11
217209
218- (III) ACCREDITED SCHOOLS AN D TRAINING PROGRAMS .
210+ [(16)] (17) To appoint standing and ad hoc committees from among Board 12
211+members as necessary; and 13
219212
220-8–312.
213+ [(17)] (18) To delegate to the executive director of the Board the authority 14
214+to discharge Board duties deemed appropriate and necessary by the Board and to hold the 15
215+executive director accountable to the Board. 16
221216
222- (c) Before a license expires, the licensee periodically may renew it for an
223-additional term, if the licensee:
217+ (b) With regard to any list kept by the Board under subsection [(a)(10)] (A)(11) 17
218+of this section, upon written request from an individual licensee the Board shall delete that 18
219+individual’s name from any licensee list purchased from the Board. 19
224220
225- (1) Otherwise is entitled to be licensed;
221+ (c) (1) The Board is the only unit of the Department that is responsible for 20
222+adopting rules and regulations to determine: 21
226223
227- (2) Pays to the Board:
224+ (i) Individuals to whom any act of the practice of registered nursing 22
225+and licensed practical nursing may be delegated; and 23
228226
229- (i) A renewal fee set by the Board; or
227+ (ii) The acts that may be delegated safely. 24
230228
231- (ii) A renewal fee that is set by the Board if the licensee certifies to
232-the Board that the licensee provides professional services only as a volunteer; and
229+ (2) The Department shall retain its authority to require training for 25
230+nonlicensed patient care personnel under § 19–308.1 of the Health – General Article. 26
233231
234- (3) Submits to the Board by paper application or electronic means:
235- Ch. 675 2022 LAWS OF MARYLAND
232+8–205.2. 27
236233
237-– 6 –
238- (i) A renewal application on the form that the Board requires THAT
239-INCLUDES WORKFORCE D ATA INFORMATION NECE SSARY FOR THE REPORT
240-REQUIRED UNDER § 8–205(A) OF THIS TITLE; and
234+ THE BOARD SHALL: 28
241235
242- (ii) Satisfactory evidence of completion of:
236+ (1) CREATE AND IMPLEMENT A MARKETING PLAN TO ATTRACT 29
237+INDIVIDUALS TO SEEK LICENSURE AND CERTIF ICATION UNDER THIS T ITLE; AND 30
238+ 6 HOUSE BILL 1208
243239
244- 1. 1,000 hours of active nursing practice within the 5–year
245-period immediately preceding the date of renewal;
246240
247- 2. A course of instruction, commonly known as a refresher
248-course, approved by the Board;
241+ (2) CREATE AND MAINTAIN O N ITS PUBLICLY ACCES SIBLE WEBSITE A 1
242+SINGLE LOCATION THAT HAS INFORMATION FOR INDIVIDUALS SEEKING LICENSURE 2
243+OR CERTIFICATION UND ER THIS TITLE ON: 3
249244
250- 3. A preceptorship program provided by an employer and
251-approved by the Board; or
245+ (I) PATHWAYS TO LICENSURE OR CERTIFICATION ; 4
252246
253- 4. A minimum number of continuing education units as
254-required by regulations adopted by the Board.
247+ (II) FUNDING AND FINANCING OPTIONS TO PAY FOR R EQUIRED 5
248+EDUCATION AND TRAINI NG; AND 6
255249
256-8–514.
250+ (III) ACCREDITED SCHOOLS AN D TRAINING PROGRAMS . 7
257251
258- (A) IN THIS SECTION , “CLINICAL EXTERN ” MEANS A STUDENT AT A N
259-ACCREDITED SCHOOL OF NURSING APPROVED BY THE BOARD WHO HAS BEEN
260-CERTIFIED BY THE BOARD TO AUGMENT THE HEALTH SERVICES WORK FORCE.
252+8–312. 8
261253
262- (B) THE BOARD SHALL ISSUE A C LINICAL EXTERN CERTIFICATE TO A
263-NURSING STUDENT WHO :
254+ (c) Before a license expires, the licensee periodically may renew it for an 9
255+additional term, if the licensee: 10
264256
265- (1) SUBMITS TO THE BOARD:
257+ (1) Otherwise is entitled to be licensed; 11
266258
267- (I) AN APPLICATION ON THE FORM REQUIRED BY THE BOARD;
268-AND
259+ (2) Pays to the Board: 12
269260
270- (II) A SUPERVISOR AGREEMENT SIGNED BY THE APPLIC ANT’S
271-PROPOSED LICENSEE SU PERVISOR;
261+ (i) A renewal fee set by the Board; or 13
272262
273- (2) HAS MET THE EDUCATION AL CRITERIA ESTABLISHED BY THE
274-BOARD; AND
263+ (ii) A renewal fee that is set by the Board if the licensee certifies to 14
264+the Board that the licensee provides professional services only as a volunteer; and 15
275265
276- (3) MEETS ANY OTHER CRITE RIA ESTABLISHED BY T HE BOARD FOR
277-CERTIFICATION AS A C LINICAL EXTERN .
266+ (3) Submits to the Board by paper application or electronic means: 16
278267
279- (C) A CLINICAL EXTERN MAY :
280- LAWRENCE J. HOGAN, JR., Governor Ch. 675
268+ (i) A renewal application on the form that the Board requires THAT 17
269+INCLUDES WORKFORCE D ATA INFOR MATION NECESSARY FOR THE REPORT 18
270+REQUIRED UNDER § 8–205(A) OF THIS TITLE; and 19
281271
282-– 7 –
283- (1) PRACTICE AT A HOSPITA L OR AUXILIARY TREAT MENT SITE
284-APPROVED BY THE BOARD;
272+ (ii) Satisfactory evidence of completion of: 20
285273
286- (2) PERFORM HEALTH CARE SERVICES APPROVED BY THE BOARD
287-ONLY UNDER THE DIREC T SUPERVISION OF THE LICENSEE SUPERVISOR APPROVED
288-BY THE BOARD; AND
274+ 1. 1,000 hours of active nursing practice within the 5–year 21
275+period immediately preceding the date of renewal; 22
289276
290- (3) PROVIDE HEALTH CARE S ERVICES IN ACCORDANC E WITH THE
291-CLINICAL EXTERN ’S TRAINING AND TO TH E EXTENT OF THE CLIN ICAL EXTERN’S
292-COMPETENCY AS DETERM INED BY THE CLINICAL EXTERN’S LICENSEE SUPERVISO R.
277+ 2. A course of instruction, commonly known as a refresher 23
278+course, approved by the Board; 24
293279
294- (D) THE BOARD SHALL ADOPT REG ULATIONS NECESSARY T O CARRY OUT
295-THIS SECTION.
280+ 3. A preceptorship program provided by an employer and 25
281+approved by the Board; or 26
296282
297-8–6A–05.
283+ 4. A minimum number of continuing education units as 27
284+required by regulations adopted by the Board. 28
298285
299- (a) The Board shall adopt regulations establishing:
286+8–514. 29 HOUSE BILL 1208 7
300287
301- (1) Categories of certified nursing assistants, including geriatric nursing
302-assistants, home health aides, school health aides, dialysis technicians, individuals
303-working in developmental disabilities administration facilities, and medicine aides;
304288
305- (2) Qualifications for each category of certified nursing assistant;
306289
307- (3) Qualifications for certified medication technicians; [and]
290+ (A) IN THIS SECTION , “CLINICAL EXTERN ” MEANS A STUDENT AT A N 1
291+ACCREDITED SCHOOL OF NURSING APPROVED BY THE BOARD WHO HAS BEEN 2
292+CERTIFIED BY THE BOARD TO AUGMENT THE HEALTH SERVICES WORK FORCE. 3
308293
309- (4) Standards for qualification of applicants for certification, including the
310-applicant’s criminal history, work record, and prohibitions against behavior which may be
311-potentially harmful to patients; AND
294+ (B) THE BOARD SHALL ISSUE A C LINICAL EXTERN CERTIFICATE T O A 4
295+NURSING STUDENT WHO : 5
312296
313- (5) STANDARDS FOR THE ONL INE PROVISION OF ALL ASPECTS OF
314-DIDACTIC INSTRUCTION IN A NURSING ASSISTANT TRAINING PROGRAM THA T MEETS
315-THE REQUIREMENTS EST ABLISHED BY THE BOARD.
297+ (1) SUBMITS TO THE BOARD: 6
316298
317- (b) (1) To qualify for certification as a nursing assistant, a nursing assistant
318-in a specific category, or a medication technician, an applicant shall meet the requirements
319-set by the Board.
299+ (I) AN APPLICATION ON THE FORM REQUIRED BY THE BOARD; 7
300+AND 8
320301
321- (2) REQUIREMENTS SET BY T HE BOARD UNDER PARAGRAPH (1) OF
322-THIS SUBSECTION REGA RDING QUALIFICATIONS FOR CE RTIFICATION AS A
323-GERIATRIC NURSING ASSISTANT SH ALL INCLUDE PROVISIO NS TO ALLOW AN
324-INDIVIDUAL WHO HAS B EEN PRACTICING AS A TEMPORARY NURSING ASSISTANT
325-WITHOUT CERTIFICATIO N BY THE BOARD, IN ACCORDANCE WITH T HE WAIVER OF
326-THE REQUIREMENTS OF 42 C.F.R. § 483.35(D) ISSUED BY THE CENTERS FOR
327-MEDICARE AND MEDICAID SERVICES ON MARCH 6, 2020, TO APPLY ON–THE–JOB Ch. 675 2022 LAWS OF MARYLAND
302+ (II) A SUPERVISOR AGREEMENT SIGNED BY THE APPLIC ANT’S 9
303+PROPOSED LICENSEE SU PERVISOR; 10
328304
329-– 8 –
330-EXPERIENCE AS A NURS ING ASSISTANT TOWARD THE TOTAL NUMBER OF TRAINING
331-HOURS REQUIRED FOR C ERTIFICATION AS A GERIATRIC NURSI NG ASSISTANT.
305+ (2) HAS MET THE EDUCATION AL CRITERIA ESTABLISHED BY THE 11
306+BOARD; AND 12
332307
333-8–6A–14.
308+ (3) MEETS ANY OTHER CRITE RIA ESTABLISHED BY T HE BOARD FOR 13
309+CERTIFICATION AS A C LINICAL EXTERN . 14
334310
335- (G) THE BOARD SHALL APPROVE T HE USE OF A NURSING ASSISTANT
336-TRAINING SITE BY A N URSING ASSISTANT TRA INING PROGRAM WITHIN 14 45 DAYS
337-AFTER THE NURSING AS SISTANT TRAINING PRO GRAM APPLIES FOR APP ROVAL IF
338-THE NURSING ASSISTAN T TRAINING PROGRAM H AD PREVIOUSLY BEEN APPR OVED
339-TO USE THE TRAINING SITE BY THE BOARD.
311+ (C) A CLINICAL EXTERN MAY : 15
340312
341- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
342-as follows:
313+ (1) PRACTICE AT A HOSPITA L OR AUXILIARY TREAT MENT SITE 16
314+APPROVED BY THE BOARD; 17
343315
344-Article – Tax – General
316+ (2) PERFORM HEALTH CARE S ERVICES APPROVED BY THE BOARD 18
317+ONLY UNDER THE DIREC T SUPERVISION OF THE LICENSEE SUPERVISOR APPROVED 19
318+BY THE BOARD; AND 20
345319
346-10–739.1.
320+ (3) PROVIDE HEALTH CARE S ERVICES IN ACCORDANC E WITH THE 21
321+CLINICAL EXTERN ’S TRAINING AND TO TH E EXTENT OF THE CLIN ICAL EXTERN’S 22
322+COMPETENCY AS DETERM INED BY THE CLINICAL EXTERN’S LICENSEE SUPERVISO R. 23
347323
348- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
349-INDICATED.
324+ (D) THE BOARD SHALL ADOPT REG ULATIONS NECESSARY T O CARRY OUT 24
325+THIS SECTION. 25
350326
351- (2) “ADVANCED PRACTICE REG ISTERED NURSE ” HAS THE SAME
352-MEANING STATED IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE.
327+8–6A–05. 26
353328
354- (3) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF
355-HEALTH.
329+ (a) The Board shall adopt regulations establishing: 27
356330
357- (3) (4) “LICENSED PRACTICAL NU RSE” HAS THE MEANING STAT ED
358-IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE.
331+ (1) Categories of certified nursing assistants, including geriatric nursing 28
332+assistants, home health aides, school health aides, dialysis technicians, individuals 29
333+working in developmental disabilities administration facilities, and medicine aides; 30 8 HOUSE BILL 1208
359334
360- (4) “NURSE PRACTITIONER ” HAS THE MEANING STAT ED IN § 8–101
361-OF THE HEALTH OCCUPATIONS ARTICLE.
362335
363- (5) “PRECEPTORSHIP PROGRAM ” MEANS AN ORGANIZED S YSTEM OF
364-CLINICAL EXPERIENCE THAT, FOR THE PURPOSE OF A TTAINING SPE CIFIED
365-LEARNING OBJECTIVES , PAIRS A LICENSED PRA CTICAL NURSE OR REGI STERED
366-NURSE STUDENT ENROLL ED IN A NURSING EDUC ATION PROGRAM THAT I S
367-RECOGNIZED BY THE STATE BOARD OF NURSING WITH A LICENS ED PRACTICAL
368-NURSE, NURSE PRACTITIONER ADVANCED PRACTICE REGISTERED NURSE , OR
369-REGISTERED NURSE WHO MEETS THE QUALIFICAT IONS AS A PRECEPTOR .
370336
371- (6) “REGISTERED NURSE ” HAS THE MEANING STAT ED IN § 8–101 OF
372-THE HEALTH OCCUPATIONS ARTICLE.
373- LAWRENCE J. HOGAN, JR., Governor Ch. 675
337+ (2) Qualifications for each category of certified nursing assistant; 1
374338
375-– 9 –
376- (B) (1) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A LICENSED
377-PRACTICAL NUR SE, NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED
378-NURSE, OR REGISTERED NURSE MAY CLAIM A CREDIT A GAINST THE STATE INCOME
379-TAX IN THE AMOUNT ST ATED ON THE TAX CRED IT CERTIFICATE ISSUE D UNDER
380-SUBSECTION (C) OF THIS SECTION FOR THE TAXABLE YEAR IN WHICH THE LICENSED
381-PRACTICAL NURSE , NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED
382-NURSE, OR REGISTERED NURSE SERVED WITHOUT COMPE NSATION AS A PRECEPT OR
383-IN A PRECEPTORSHIP P ROGRAM APPROVED BY T HE STATE BOARD OF NURSING AND
384-WORKED:
339+ (3) Qualifications for certified medication technicians; [and] 2
385340
386- (I) A MINIMUM OF THREE R OTATIONS, EACH CONSISTING OF A T
387-LEAST 100 HOURS OF COMMUNITY –BASED CLINICAL TRAIN ING; AND
341+ (4) Standards for qualification of applicants for certification, including the 3
342+applicant’s criminal history, work record, and prohibitions against behavior which may be 4
343+potentially harmful to patients; AND 5
388344
389- (II) IN AN AREA OF THE STATE IDENTIFIED AS H AVING A
390-HEALTH CARE WORKFORC E SHORTAGE BY THE DEPARTMENT , IN CONSULTATION
391-WITH THE GOVERNOR’S WORKFORCE DEVELOPMENT BOARD.
345+ (5) STANDARDS FOR THE ONL INE PROVISION OF ALL ASPECTS OF 6
346+DIDACTIC INSTRUCTION IN A NURSING ASSISTANT TRAINING PROGRAM THA T MEETS 7
347+THE REQUIREMENTS EST ABLISHED BY THE BOARD. 8
392348
393- (2) (I) THE TOTAL AMOUNT OF T HE CREDIT ALLOWED UN DER THIS
394-SECTION FOR ANY TAXA BLE YEAR MAY NOT EXC EED THE STATE INCOME TAX
395-IMPOSED FOR THAT TAX ABLE YEAR.
349+ (b) (1) To qualify for certification as a nursing assistant, a nursing assistant 9
350+in a specific category, or a medication technician, an applicant shall meet the requirements 10
351+set by the Board. 11
396352
397- (II) ANY UNUSED AMOUNT OF THE CREDIT FOR ANY T AXABLE
398-YEAR MAY NOT BE CARR IED OVER TO ANY OTHE R TAXABLE YEAR .
353+ (2) REQUIREMENTS SET BY T HE BOARD UNDER PARAGRAPH (1) OF 12
354+THIS SUBSECTION REGARDING QUALIFICAT IONS FOR CERTIFICATI ON AS A 13
355+GERIATRIC NURSING ASSISTANT SH ALL INCLUDE PROVISIO NS TO ALLOW AN 14
356+INDIVIDUAL WHO HAS B EEN PRACTICING AS A TEMPORARY NURSING ASSISTANT 15
357+WITHOUT CERTIFICATIO N BY THE BOARD, IN ACCORDANCE WITH T HE WAIVER OF 16
358+THE REQUIREMENTS OF 42 C.F.R. § 483.35(D) ISSUED BY THE CENTERS FOR 17
359+MEDICARE AND MEDICAID SERVICES ON MARCH 6, 2020, TO APPLY ON–THE–JOB 18
360+EXPERIENCE AS A NURS ING ASSISTANT TOWARD THE TOTAL NUMBER OF TRAINING 19
361+HOURS REQUIRED FOR C ERTIFICATION AS A GERIATRIC NURSI NG ASSISTANT. 20
399362
400- (C) (1) ON APPLICATION BY A L ICENSED PRACTICAL NU RSE, NURSE
401-PRACTITIONER ADVANCED PRACTICE RE GISTERED NURSE , OR REGISTERED NURSE ,
402-THE DEPARTMENT SHALL ISSU E A CREDIT CERTIFICA TE IN THE AMOUNT OF $1,000
403-FOR EACH STUDENT ROT ATION OF THE MINIMUM NUMBER OF HOURS REQU IRED
404-UNDER SUBSECTION (B)(1)(I) OF THIS SECTION FOR WHICH THE LICENSED
405-PRACTICAL NURSE , NURSE PRACTI TIONER ADVANCED PRACTICE RE GISTERED
406-NURSE, OR REGISTERED NURSE SERVED AS A PRECEPTO R WITHOUT
407-COMPENSATION .
363+8–6A–14. 21
408364
409- (2) THE APPLICATION SHALL CONTAIN:
365+ (G) THE BOARD SHALL APPROVE T HE USE OF A NURSING ASSISTANT 22
366+TRAINING SITE BY A N URSING ASSISTANT TRA INING PROGRAM WITHIN 14 45 DAYS 23
367+AFTER THE NURSING AS SISTANT TRAINING PRO GRAM APPLIES FOR APP ROVAL IF 24
368+THE NURSING ASSISTAN T TRAINING PROGRAM HAD PREVIOUS LY BEEN APPROVED 25
369+TO USE THE TRAINING SITE BY THE BOARD. 26
410370
411- (I) THE NAME OF THE APPL ICANT;
371+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
372+as follows: 28
412373
413- (II) INFORMATION IDENTIFY ING THE PRECEPTORSHI P IN
414-WHICH THE APPLICANT PARTICIPATED;
374+Article – Tax – General 29
415375
416- (III) THE NUMBER AND NAMES OF THE STUDENTS FOR WHOM
417-THE INDIVIDUAL SERVE D AS A PRECEPTOR WIT HOUT COMPENSATION ; AND
418- Ch. 675 2022 LAWS OF MARYLAND
376+10–739.1. 30
419377
420-– 10 –
421- (IV) ANY OTHER INFORMATIO N THAT THE DEPARTMENT
422-REQUIRES.
378+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEAN INGS 31
379+INDICATED. 32
380+ HOUSE BILL 1208 9
423381
424- (3) FOR ANY TAXABLE YEAR , THE AMOUNT OF TAX CR EDIT STATED IN
425-THE TAX CREDIT CERTI FICATE MAY NOT EXCEE D $10,000.
426382
427- (4) THE DEPARTMENT SHALL :
383+ (2) “ADVANCED PRACTICE REG ISTERED NURSE ” HAS THE SAME 1
384+MEANING STATED IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE. 2
428385
429- (I) APPROVE ALL APPLICAT IONS THAT QUALIFY FO R A TAX
430-CREDIT CERTIFICATE U NDER THIS SUBSECTION ON A FIRST–COME, FIRST–SERVED
431-BASIS; AND
386+ (3) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF 3
387+HEALTH. 4
432388
433- (II) NOTIFY A TAXPAYER WI THIN 45 DAYS OF RECEIPT OF TH E
434-TAXPAYER’S APPLICATION OF ITS APPROVAL OR DENIAL .
389+ (3) (4) “LICENSED PRACTICAL NU RSE” HAS THE MEANING STAT ED 5
390+IN § 8–101 OF THE HEALTH OCCUPATIONS ARTICLE. 6
435391
436- (5) (I) FOR EACH TAXABLE YEAR , THE TOTAL AMOUNT OF TAX
437-CREDIT CERTIFICATES THAT MAY BE ISSUED B Y THE DEPARTMENT UNDER THIS
438-SECTION MAY NOT EXCE ED THE LESSER OF :
392+ (4) “NURSE PRACTITIONER ” HAS THE MEANING STAT ED IN § 8–101 7
393+OF THE HEALTH OCCUPATIONS ARTICLE. 8
439394
440- 1. THE TOTAL FUNDS IN THE LICENSED PRACTICAL
441-NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND FOR THAT
442-YEAR; OR
395+ (5) “PRECEPTORSHIP PROGRAM ” MEANS AN ORGANIZED S YSTEM OF 9
396+CLINICAL EXPERIENCE THAT, FOR THE PURPOSE OF A TTAINING SPECIFIED 10
397+LEARNING OBJECTIVES , PAIRS A LICENSED PRA CTICAL NURSE OR REGI STERED 11
398+NURSE STUDENT ENROLL ED IN A NURSING EDUC ATION PROGRAM THAT I S 12
399+RECOGNIZED BY THE STATE BOARD OF NURSING WITH A LICENS ED PRACTICAL 13
400+NURSE, NURSE PRACTITIONER ADVANCED PRACTICE REGISTERED NURSE , OR 14
401+REGISTERED NURSE WHO MEETS THE QUALIFICAT IONS AS A PRECEPTOR . 15
443402
444- 2. $100,000.
403+ (6) “REGISTERED NURSE ” HAS THE MEANING STAT ED IN § 8–101 OF 16
404+THE HEALTH OCCUPATIONS ARTICLE. 17
445405
446- (II) IF THE AGGREGATE AMOU NT OF TAX CREDIT CER TIFICATES
447-ISSUED UNDER THIS SE CTION DURING A TAXAB LE YEAR TOTALS LESS THAN THE
448-AMOUNT AUTHORIZED UNDE R THIS PARAGRAPH , ANY EXCESS AMOUNT MA Y BE
449-ISSUED UNDER TAX CRE DIT CERTIFICATES IN THE NEXT TAXABLE YEA R.
406+ (B) (1) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A LICENSED 18
407+PRACTICAL NUR SE, NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED 19
408+NURSE, OR REGISTERED NURSE MAY CLAIM A CREDIT A GAINST THE STATE INCOME 20
409+TAX IN THE AMOUNT ST ATED ON THE TAX CRED IT CERTIFICATE ISSUE D UNDER 21
410+SUBSECTION (C) OF THIS SECTION FOR THE TAXABLE YEAR IN WHICH THE LICENSED 22
411+PRACTICAL NURSE , NURSE PRACTITIONER ADVANCED PRACTICE RE GISTERED 23
412+NURSE, OR REGISTERED NURSE SERVED WITHOUT COMPE NSATION AS A PRECEPT OR 24
413+IN A PRECEPTORSHIP P ROGRAM APPROVED BY T HE STATE BOARD OF NURSING AND 25
414+WORKED: 26
450415
451- (D) (1) IN THIS SECTION , “FUND” MEANS THE LICENSED PRACTICAL
452-NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND
453-ESTABLISHE D UNDER PARAGRAPH (2) OF THIS SUBSECTION .
416+ (I) A MINIMUM OF THREE R OTATIONS, EACH CONSISTING OF A T 27
417+LEAST 100 HOURS OF COMMUNITY –BASED CLINICAL TRAIN ING; AND 28
454418
455- (2) THERE IS A LICENSED PRACTICAL NURSE AND REGISTERED
456-NURSE PRECEPTORSHIP TAX CREDIT FUND.
419+ (II) IN AN AREA OF THE STATE IDENTIFIED AS H AVING A 29
420+HEALTH CARE WORKFORC E SHORTAGE BY THE DEPARTMENT , IN CONSULTATION 30
421+WITH THE GOVERNOR’S WORKFORCE DEVELOPMENT BOARD. 31
457422
458- (3) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
423+ (2) (I) THE TOTAL AMOUNT OF T HE CREDIT ALLOWED UN DER THIS 32
424+SECTION FOR ANY TAXA BLE YEAR MAY NOT EXC EED THE STATE INCOME TAX 33
425+IMPOSED FOR THAT TAX ABLE YEAR. 34
426+ 10 HOUSE BILL 1208
459427
460- (4) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS OF THE TAX
461-CREDIT AVAILABLE UNDER TH IS SECTION.
462- LAWRENCE J. HOGAN, JR., Governor Ch. 675
463428
464-– 11 –
465- (5) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
466-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
429+ (II) ANY UNUSED AMOUNT OF THE CREDIT FOR ANY T AXABLE 1
430+YEAR MAY NOT BE CARR IED OVER TO ANY OTHE R TAXABLE YEAR. 2
467431
468- (6) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
469-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
432+ (C) (1) ON APPLICATION BY A L ICENSED PRACTICAL NU RSE, NURSE 3
433+PRACTITIONER ADVANCED PRACTICE RE GISTERED NURSE , OR REGISTERED NURSE , 4
434+THE DEPARTMENT SHALL ISSU E A CREDIT CERTIFICA TE IN THE AMOUNT OF $1,000 5
435+FOR EACH STUDENT ROT ATION OF THE MINIMUM NUMBER OF HOURS REQU IRED 6
436+UNDER SUBSECTION (B)(1)(I) OF THIS SECTION FOR WHICH THE LICENSED 7
437+PRACTICAL NURSE , NURSE PRACTI TIONER ADVANCED PRACTICE RE GISTERED 8
438+NURSE, OR REGISTERED NURSE SERVED AS A PRECEPTO R WITHOUT 9
439+COMPENSATION . 10
470440
471- (7) THE FUND CONSISTS OF :
441+ (2) THE APPLICATION SHALL CONTAIN: 11
472442
473- (I) FEDERAL FUNDING PROV IDED UNDER:
443+ (I) THE NAME OF THE APPL ICANT; 12
474444
475- 1. THE FEDERAL CORONAVIRUS AID, RELIEF, AND
476-ECONOMIC SECURITY ACT;
445+ (II) INFORMATION IDENTIFY ING THE PRECEPTORSHI P IN 13
446+WHICH THE APPLICANT PARTICIPATED ; 14
477447
478- 2. THE FEDERAL CONSOLIDATED APPROPRIATIONS
479-ACT, 2021; OR
448+ (III) THE NUMBER AND NAMES OF THE STUDENTS FOR WHOM 15
449+THE INDIVIDUAL SERVE D AS A PRECEPTOR WIT HOUT COMPENSATION ; AND 16
480450
481- 3. ANY OTHER FEDERAL COVID–19 PANDEMIC R ELIEF
482-FUNDING;
451+ (IV) ANY OTHER INFORMATIO N THAT THE DEPARTMENT 17
452+REQUIRES. 18
483453
484- (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE
485-FUND; AND
454+ (3) FOR ANY TAXABLE YEAR , THE AMOUNT OF TAX CR EDIT STATED IN 19
455+THE TAX CREDIT CERTI FICATE MAY NOT EXCEE D $10,000. 20
486456
487- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
488-FOR THE BENEFIT OF T HE FUND.
457+ (4) THE DEPARTMENT SHALL : 21
489458
490- (8) THE MONEY IN THE FUND SHALL BE INVESTE D AND REINVESTED
491-BY THE STATE TREASURER, AND INTEREST AND EARNING S SHALL BE CREDITED TO
492-THE GENERAL FUND OF THE STATE.
459+ (I) APPROVE ALL APPLICAT IONS THAT QUALIFY FO R A TAX 22
460+CREDIT CERTIFICATE U NDER THIS SUBSECTION ON A FIRST–COME, FIRST–SERVED 23
461+BASIS; AND 24
493462
494- (9) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS PARA GRAPH,
495-MONEY CREDITED OR AP PROPRIATED TO THE FUND SHALL REMAIN IN THE FUND.
463+ (II) NOTIFY A TAXPAYER WI THIN 45 DAYS OF RECEIPT OF T HE 25
464+TAXPAYER’S APPLICATION OF ITS APPROVAL OR DENIAL . 26
496465
497- (II) 1. WITHIN 15 DAYS AFTER THE END O F EACH CALENDAR
498-QUARTER, THE DEPARTMENT SHALL NOTI FY THE COMPTROLLER AS TO EAC H
499-CREDIT CERTIFICATE I SSUED DURING THE QUA RTER.
466+ (5) (I) FOR EACH TAXABLE YEAR , THE TOTAL AMOUNT OF TAX 27
467+CREDIT CERTIFICATES THAT MAY BE ISSUED B Y THE DEPARTMENT UNDER THIS 28
468+SECTION MAY NOT EXCE ED THE LESSER OF : 29
500469
501- 2. ON NOTIFICATION THAT A CREDIT CERTIFICATE HAS
502-BEEN ISSUED BY THE DEPARTMENT , THE COMPTROLLER SHALL TRA NSFER AN
503-AMOUNT EQUAL TO TH E CREDIT AMOUNT STAT ED IN THE TAX CREDIT CERTIFICATE
504-FROM THE FUND TO THE GENERAL FUND OF THE STATE.
470+ 1. THE TOTAL FUNDS IN THE LICENSED PRACTICAL 30
471+NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND FOR THAT 31
472+YEAR; OR 32 HOUSE BILL 1208 11
505473
506- (E) ON OR BEFORE JANUARY 31 EACH TAXABLE YEAR , THE DEPARTMENT
507-SHALL:
508- Ch. 675 2022 LAWS OF MARYLAND
509474
510-– 12 –
511- (1) REPORT TO THE COMPTROLLER ON THE TA X CREDIT
512-CERTIFICATES ISSUED UNDER THIS SE CTION DURING THE PRI OR TAXABLE YEAR ;
513-AND
514475
515- (2) REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH §
516-2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE UTILIZATION O F THE
517-CREDIT ESTABLISHED U NDER THIS SECTION .
476+ 2. $100,000. 1
518477
519- (F) THE DEPARTMENT , IN CONSULTATION WITH THE GOVERNOR’S
520-WORKFORCE DEVELOPMENT BOARD, SHALL ADOPT REGULATI ONS TO CARRY OUT
521-THE PROVISIONS OF TH IS SECTION, INCLUDING THE CRITER IA AND PROCEDURES
522-FOR APPLICATION FOR , APPROVAL OF, AND MONITORING ELIGI BILITY FOR THE TAX
523-CREDIT AUTHORIZED UN DER THIS SECTION .
478+ (II) IF THE AGGREGATE AMOU NT OF TAX CREDIT CER TIFICATES 2
479+ISSUED UNDER THIS SE CTION DURING A TAXAB LE YEAR TOTALS LESS THAN THE 3
480+AMOUNT AUTHORIZED UNDE R THIS PARAGRAPH , ANY EXCESS AMOUNT MA Y BE 4
481+ISSUED UNDER TAX CRE DIT CERTIFICATES IN THE NEXT TAXABLE YEA R. 5
524482
525- SECTION 3. AND BE IT FURTHER ENACTED, That:
483+ (D) (1) IN THIS SECTION , “FUND” MEANS THE LICENSED PRACTICAL 6
484+NURSE AND REGISTERED NURSE PRECEPTORSHIP TAX CREDIT FUND 7
485+ESTABLISHE D UNDER PARAGRAPH (2) OF THIS SUBSECTION . 8
526486
527- (a) The Maryland Department of Health shall work with the Division of
528-Workforce Development and Adult Learning in the Maryland Department of Labor to
529-convene a stakeholder workgroup to:
487+ (2) THERE IS A LICENSED PRACTICAL NURSE AND REGISTERED 9
488+NURSE PRECEPTORSHIP TAX CREDIT FUND. 10
530489
531- (1) study expanding the State apprenticeship programs to the health care
532-workforce; and
490+ (3) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 11
533491
534- (2) make recommendations on:
492+ (4) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS OF THE TAX 12
493+CREDIT AVAILABLE UND ER THIS SECTION. 13
535494
536- (i) health care fields that could be best served by introducing a
537-health care apprenticeship program, including health–related fields that do not require
538-licensure or certification under the Health Occupations Article;
495+ (5) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 14
496+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
539497
540- (ii) options to provide incentives to experienced health care
541-practitioners to work with health care apprentices;
498+ (6) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
499+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
542500
543- (iii) safeguards needed to ensure the safety of the public when
544-receiving health care services from health care apprentices; and
501+ (7) THE FUND CONSISTS OF : 18
545502
546- (iv) funding needed to support a health care apprenticeship program;
547-and
503+ (I) FEDERAL FUNDING PROV IDED UNDER: 19
548504
549- (v) nomenclature to describe apprenticeship programs for health
550-care apprentices.
505+ 1. THE FEDERAL CORONAVIRUS AID, RELIEF, AND 20
506+ECONOMIC SECURITY ACT; 21
551507
552- (b) On or before December 1, 2022, the Maryland Department of Health shall
553-report the findings and recommendations of the workgroup to the Senate Education,
554-Health, and Environmental Affairs Committee and the House Health and Government
555-Operations Committee, in accordance with § 2–1257 of the State Government Article. LAWRENCE J. HOGAN, JR., Governor Ch. 675
508+ 2. THE FEDERAL CONSOLIDATED APPROPRIATIONS 22
509+ACT, 2021; OR 23
556510
557-– 13 –
511+ 3. ANY OTHER FEDERAL COVID–19 PANDEMIC RELIEF 24
512+FUNDING; 25
558513
559- SECTION 4. AND BE IT FURTHER ENACTED, That:
514+ (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 26
515+FUND; AND 27
560516
561- (a) The Maryland Department of Health shall convene a stakeholder workgroup
562-to examine how the State can implement a loan repayment assistance program for nurses
563-and other health practitioners regulated by the State Board of Nursing to further
564-incentivize the health practitioners to practice in professional shortage areas and medically
565-underserved areas in the State.
517+ (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 28
518+FOR THE BENEFIT OF T HE FUND. 29 12 HOUSE BILL 1208
566519
567- (b) The workgroup shall consist of the following members:
568520
569- (1) the Secretary of Health, or the Secretary’s designee;
570521
571- (2) one representative of the State Board of Nursing, designated by the
572-Executive Director of the Board;
522+ (8) THE MONEY IN THE FUND SHALL BE INVESTE D AND REINVESTED 1
523+BY THE STATE TREASURER, AND INTEREST AND EAR NINGS SHALL BE CREDI TED TO 2
524+THE GENERAL FUND OF THE STATE. 3
573525
574- (3) one representative of the Maryland Nurses Association, designated by
575-the President of the Association;
526+ (9) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS PARA GRAPH, 4
527+MONEY CREDITED OR AP PROPRIATED TO THE FUND SHALL REMAIN IN THE FUND. 5
576528
577- (4) one representative of 1199 SEIU United Healthcare Workers East,
578-designated by the President of the union;
529+ (II) 1. WITHIN 15 DAYS AFTER THE END O F EACH CALENDAR 6
530+QUARTER, THE DEPARTMENT SHALL NOTI FY THE COMPTROLLER AS TO EAC H 7
531+CREDIT CERTIFICATE I SSUED DURING THE QUA RTER. 8
579532
580- (5) one representative of the Health Facilities Association of Maryland,
581-designated by the President of the Association;
533+ 2. ON NOTIFICATION THAT A CREDIT CERTIFICATE HAS 9
534+BEEN ISSUED BY THE DEPARTMENT , THE COMPTROLLER SHALL TRA NSFER AN 10
535+AMOUNT EQUAL TO THE CREDIT AMOUNT ST ATED IN THE TAX CRED IT CERTIFICATE 11
536+FROM THE FUND TO THE GENERAL FUND OF THE STATE. 12
582537
583- (6) one representative of the Maryland Hospital Association, designated by
584-the President of the Association;
538+ (E) ON OR BEFORE JANUARY 31 EACH TAXABLE YEAR , THE DEPARTMENT 13
539+SHALL: 14
585540
586- (7) one representative of the LifeSpan Network, designated by the
587-President of the Network; and
541+ (1) REPORT TO THE COMPTROLLER ON THE TA X CREDIT 15
542+CERTIFICATES ISSUED UNDER THIS SECTION DURING THE P RIOR TAXABLE YEAR ; 16
543+AND 17
588544
589- (8) one representative of Leading Age Maryland, designated by the
590-President of the union.
545+ (2) REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 18
546+2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE UTILIZATION O F THE 19
547+CREDIT ESTABLISHED U NDER THIS SECTION . 20
591548
592- (c) The workgroup shall consult with the Department of Legislative Services
593-when developing its recommendations.
549+ (F) THE DEPARTMENT , IN CONSULTATION WITH THE GOVERNOR’S 21
550+WORKFORCE DEVELOPMENT BOARD, SHALL ADOPT REGULATI ONS TO CARRY OUT 22
551+THE PROVISIONS OF TH IS SECTION, INCLUDING THE CRITER IA AND PROCEDURES 23
552+FOR APPLICATION FOR , APPROVAL OF , AND MONITORING ELIGI BILITY FOR THE TAX 24
553+CREDIT AUTHORIZED UN DER THIS SECTION . 25
594554
595- (d) The workgroup shall:
555+ SECTION 3. AND BE IT FURTHER ENACTED, That: 26
596556
597- (1) review nursing school debt experienced in the United States and in
598-Maryland;
557+ (a) The Maryland Department of Health shall work with the Division of 27
558+Workforce Development and Adult Learning in the Maryland Department of Labor to 28
559+convene a stakeholder workgroup to: 29
599560
600- (2) examine other models for recruitment and retention of nurses and other
601-health care practitioners regulated by the State Board of Nursing that operate in other
602-states, including how these models are funded and how a loan repayment assistance
603-program for the health care practitioners could be competitive with other states; Ch. 675 2022 LAWS OF MARYLAND
561+ (1) study expanding the State apprenticeship programs to the health care 30
562+workforce; and 31
604563
605-– 14 –
564+ (2) make recommendations on: 32
565+ HOUSE BILL 1208 13
606566
607- (3) examine and recommend methods to incentivize nursing and nursing
608-worker students to commit to practicing in medically underserved areas in the State before
609-entering an educational program or on graduation from nursing school or a program
610-focusing on training for health care practitioners regulated by the State Board of Nursing;
611-and
612567
613- (4) investigate the availability of federal grants to further expand loan
614-repayment and loan forgiveness for nurses and other health care practitioners regulated
615-by the State Board of Nursing in Maryland.
568+ (i) health care fields that could be best served by introducing a 1
569+health care apprenticeship program, including health–related fields that do not require 2
570+licensure or certification under the Health Occupations Article; 3
616571
617- (e) (1) On or before December 1, 2022, the workgroup shall submit an interim
618-report of its findings and recommendations to the General Assembly in accordance with §
619-2–1257 of the State Government Article.
572+ (ii) options to provide incentives to experienced health care 4
573+practitioners to work with health care apprentices; 5
620574
621- (2) On or before December 1, 2023, the workgroup shall submit a final
622-report of its findings and recommendations, including recommendations on the structure
623-of a permanent advisory council and a permanent funding structure for a loan repayment
624-assistance program for nurses and other health care practitioners regulated by the State
625-Board of Nursing, to the General Assembly, in accordance with § 2–1257 of the State
626-Government Article.
575+ (iii) safeguards needed to ensure the safety of the public when 6
576+receiving health care services from health care apprentices; and 7
627577
628- SECTION 4. 5. 4. AND BE IT FURTHER ENACTED, That the State Board of
629-Nursing shall adopt the regulations required under § 8–6A–05(b)(2) of the Health
630-Occupations Article, as enacted under Section 1 of this Act, on or before December 31, 2022.
578+ (iv) funding needed to support a health care apprenticeship program; 8
579+and 9
631580
632- SECTION 5. 6. 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
633-take effect June July 1, 2022, and shall be applicable to all taxable years beginning after
634-December 31, 2021, but before January 1, 2025. Section 2 of this Act shall remain effective
635-for a period of 3 years and, at the end of May 31 June 30, 2025, Section 2 of this Act, with
636-no further action required by the General Assembly, shall be abrogated and of no further
637-force and effect.
581+ (v) nomenclature to describe apprenticeship programs for health 10
582+care apprentices. 11
638583
639- SECTION 7. 6. AND BE IT FURTHER ENACTED, That, except as provide d in
640-Section 6 5 of this Act, this Act shall take effect June 1, 2022.
584+ (b) On or before December 1, 2022, the Maryland Department of Health shall 12
585+report the findings and recommendations of the workgroup to the Senate Education, 13
586+Health, and Environmental Affairs Committee and the House Health and Government 14
587+Operations Committee, in accordance with § 2–1257 of the State Government Article. 15
641588
642-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
589+ SECTION 4. AND BE IT FURTHER ENACTED, That: 16
590+
591+ (a) The Maryland Department of Health shall convene a stakeholder workgroup 17
592+to examine how the State can implement a loan repayment assistance program for nurses 18
593+and other health practitioners regulated by the State Board of Nursing to further 19
594+incentivize the health practitioners to practice in professional shortage areas and medically 20
595+underserved areas in the State. 21
596+
597+ (b) The workgroup shall consist of the following members: 22
598+
599+ (1) the Secretary of Health, or the Secretary’s designee; 23
600+
601+ (2) one representative of the State Board of Nursing, designated by the 24
602+Executive Director of the Board; 25
603+
604+ (3) one representative of the Maryland Nurses Association, designated by 26
605+the President of the Association; 27
606+
607+ (4) one representative of 1199 SEIU United Healthcare Workers East, 28
608+designated by the President of the union; 29
609+
610+ (5) one representative of the Health Facilities Association of Maryland, 30
611+designated by the President of the Association; 31
612+
613+ (6) one representative of the Maryland Hospital Association, designated by 32
614+the President of the Association; 33 14 HOUSE BILL 1208
615+
616+
617+
618+ (7) one representative of the LifeSpan Network, designated by the 1
619+President of the Network; and 2
620+
621+ (8) one representative of Leading Age Maryland, designated by the 3
622+President of the union. 4
623+
624+ (c) The workgroup shall consult with the Department of Legislative Services 5
625+when developing its recommendations. 6
626+
627+ (d) The workgroup shall: 7
628+
629+ (1) review nursing school debt experienced in the United States and in 8
630+Maryland; 9
631+
632+ (2) examine other models for recruitment and retention of nurses and other 10
633+health care practitioners regulated by the State Board of Nursing that operate in other 11
634+states, including how these models are funded and how a loan repayment assistance 12
635+program for the health care practitioners could be competitive with other states; 13
636+
637+ (3) examine and recommend methods to incentivize nursing and nursing 14
638+worker students to commit to practicing in medically underserved areas in the State before 15
639+entering an educational program or on graduation from nursing school or a program 16
640+focusing on training for health care practitioners regulated by the State Board of Nursing; 17
641+and 18
642+
643+ (4) investigate the availability of federal grants to further expand loan 19
644+repayment and loan forgiveness for nurses and other health care practitioners regulated 20
645+by the State Board of Nursing in Maryland. 21
646+
647+ (e) (1) On or before December 1, 2022, the workgroup shall submit an interim 22
648+report of its findings and recommendations to the General Assembly in accordance with § 23
649+2–1257 of the State Government Article. 24
650+
651+ (2) On or before December 1, 2023, the workgroup shall submit a final 25
652+report of its findings and recommendations, including recommendations on the structure 26
653+of a permanent advisory council and a permanent funding structure for a loan repayment 27
654+assistance program for nurses and other health care practitioners regulated by the State 28
655+Board of Nursing, to the General Assembly, in accordance with § 2–1257 of the State 29
656+Government Article. 30
657+
658+ SECTION 4. 5. 4. AND BE IT FURTHER ENACTED, That the State Board of 31
659+Nursing shall adopt the regulations required under § 8–6A–05(b)(2) of the Health 32
660+Occupations Article, as enacted under Section 1 of this Act, on or before December 31, 2022. 33
661+
662+ SECTION 5. 6. 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 34
663+take effect June July 1, 2022, and shall be applicable to all taxable years beginning after 35 HOUSE BILL 1208 15
664+
665+
666+December 31, 2021, but before January 1, 2025. Section 2 of this Act shall remain effective 1
667+for a period of 3 years and, at the end of May 31 June 30, 2025, Section 2 of this Act, with 2
668+no further action required by the General Assembly, shall be abrogated and of no further 3
669+force and effect. 4
670+
671+ SECTION 7. 6. AND BE IT FURTHER ENACTED, That, except as provided in 5
672+Section 6 5 of this Act, this Act shall take effect June 1, 2022. 6
673+
674+
675+
676+
677+Approved:
678+________________________________________________________________________________
679+ Governor.
680+________________________________________________________________________________
681+ Speaker of the House of Delegates.
682+________________________________________________________________________________
683+ President of the Senate.