EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
*hb1252*
HOUSE BILL 1252
J2 2lr3162
CF SB 972
By: Delegate Belcastro
Introduced and read first time: February 11, 2022
Assigned to: Health and Government Operations
Committee Report: Favorable
House action: Adopted
Read second time: March 11, 2022
CHAPTER ______
AN ACT concerning 1
Physicians and Allied Health Professions – Reorganization and Revisions 2
FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
and reorganizing certain provisions of law governing the State Board of Physicians 4
and the regulation of physicians, physician assistants, and allied health 5
professionals; authorizing the Board to regulate the allied health committees; 6
repealing the requirement that the Board provide a certain data sheet; and generally 7
relating to the State Board of Physicians and the regulation of physicians, physician 8
assistants, and allied health professionals. 9
BY repealing 10
Article – Health Occupations 11
Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 12
14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 13
14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14
14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 15
through 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 16
14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 14–5D–09, 14–5D–12, 17
14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14–5D–16.1, 14–5E–02 18
through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14–5E–19, 19
14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 20
14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 21
14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 22
15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, and 15–315 23
through 15–316.1 24 2 HOUSE BILL 1252
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
BY renumbering 3
Article – Health Occupations 4
Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 5
14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 6
14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 7
14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 8
14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 9
15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 10
15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 11
respectively 12
to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 13
14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14
14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 15
14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 16
14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 17
14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 18
14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 19
14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 20
respectively 21
Annotated Code of Maryland 22
(2021 Replacement Volume) 23
BY repealing and reenacting, with amendments, 24
Article – Correctional Services 25
Section 9–603(d)(2) 26
Annotated Code of Maryland 27
(2017 Replacement Volume and 2021 Supplement) 28
BY repealing and reenacting, with amendments, 29
Article – Courts and Judicial Proceedings 30
Section 5–106(r), 5–715(d), and 10–205(b) 31
Annotated Code of Maryland 32
(2020 Replacement Volume and 2021 Supplement) 33
BY repealing and reenacting, without amendments, 34
Article – Health – General 35
Section 4–201(a), 5–601(a), and 13–3301(a) 36
Annotated Code of Maryland 37
(2019 Replacement Volume and 2021 Supplement) 38
BY repealing and reenacting, with amendments, 39
Article – Health – General 40
Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 41
Annotated Code of Maryland 42 HOUSE BILL 1252 3
(2019 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Health Occupations 3
Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 4
14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 5
14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 6
(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 7
(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 8
14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 9
14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 10
14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 11
14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 12
14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 13
14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 14
Annotated Code of Maryland 15
(2021 Replacement Volume) 16
BY repealing and reenacting, without amendments, 17
Article – Health Occupations 18
Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY adding to 22
Article – Health Occupations 23
Section 14–101(a–2), (n), and (q), 14–404, 14–417, 14–504, 14–514, 14–516, 24
14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 25
14–5F–07(g) 26
Annotated Code of Maryland 27
(2021 Replacement Volume) 28
BY repealing and reenacting, with amendments, 29
Article – Health Occupations 30
Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 31
14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 32
14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 33
14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 34
14–5H–01(e) through (i) and (j) through (u), 14–5H–02, 14–5H–03(c), (d), and 35
(e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 36
14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 37
14–5H–16(a), and 14–5H–21 through 14–5H–23 38
Annotated Code of Maryland 39
(2021 Replacement Volume) 40
(As enacted by Section 2 of this Act) 41
BY adding to 42 4 HOUSE BILL 1252
Article – Health Occupations 1
Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 2
14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 3
Assistants” 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
(As enacted by Section 2 of this Act) 7
BY repealing and reenacting, without amendments, 8
Article – Health Occupations 9
Section 14–5H–01(a) 10
Annotated Code of Maryland 11
(2021 Replacement Volume) 12
(As enacted by Section 2 of this Act) 13
BY repealing 14
Article – Health Occupations 15
Section 14–5H–01(d) and (i–1) 16
Annotated Code of Maryland 17
(2021 Replacement Volume) 18
(As enacted by Section 2 of this Act) 19
BY repealing and reenacting, without amendments, 20
Article – Transportation 21
Section 13–616(a)(1) 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Transportation 26
Section 13–616(a)(7) 27
Annotated Code of Maryland 28
(2020 Replacement Volume and 2021 Supplement) 29
BY repealing and reenacting, without amendments, 30
Article – Tax – General 31
Section 10–752(a)(1) 32
Annotated Code of Maryland 33
(2016 Replacement Volume and 2021 Supplement) 34
BY repealing and reenacting, with amendments, 35
Article – Tax – General 36
Section 10–752(a)(3) and (d)(7) 37
Annotated Code of Maryland 38
(2016 Replacement Volume and 2021 Supplement) 39
HOUSE BILL 1252 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 2
14–5A–04, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 3
14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 4
14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 through 14–5C–04, 14–5C–11, 5
14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 6
14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 7
14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 8
14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 14–5G–02 9
through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 10
14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 11
15–308, 15–310 through 15–312, and 15–315 through 15–316.1 of Article – Health 12
Occupations of the Annotated Code of Maryland be repealed. 13
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14–206, 14–206.1, 14
14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 15
14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 16
14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 17
14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 18
15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 19
15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 20
respectively, of Article – Health Occupations of the Annotated Code of Maryland be 21
renumbered to be Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 22
14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 23
14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 24
14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 25
14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 26
14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 27
14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 28
respectively. 29
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
as follows: 31
Article – Correctional Services 32
9–603. 33
(d) (2) If an assessment conducted under paragraph (1) of this subsection 34
indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 35
care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 36
Title 15] of the Health Occupations Article. 37
Article – Courts and Judicial Proceedings 38
5–106. 39
6 HOUSE BILL 1252
(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 1
Occupations Article of practicing, attempting to practice, or offering to practice medicine 2
without a license shall be instituted within 3 years after the offense was committed. 3
5–715. 4
(d) Any person who acts in good faith is not civilly liable for giving any of the 5
information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 6
Occupations Article. 7
10–205. 8
(b) Records, reports, statements, notes, or information assembled or obtained by 9
the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 10
Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 11
Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 12
national organized medical society or research group that are declared confidential by § 13
4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 14
Article, are not admissible in evidence in any proceeding. 15
Article – Health – General 16
4–201. 17
(a) In this subtitle the following words have the meanings indicated. 18
(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 19
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 20
supervision. 21
5–601. 22
(a) In this subtitle the following words have the meanings indicated. 23
(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 24
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 25
supervision. 26
13–3301. 27
(a) In this subtitle the following words have the meanings indicated. 28
(d) “Certifying provider” means an individual who: 29
HOUSE BILL 1252 7
(1) (i) 1. Has an active, unrestricted license to practice medicine 1
that was issued by the State Board of Physicians under Title 14 of the Health Occupations 2
Article; and 3
2. Is in good standing with the State Board of Physicians; 4
(ii) 1. Has an active, unrestricted license to practice dentistry 5
that was issued by the State Board of Dental Examiners under Title 4 of the Health 6
Occupations Article; and 7
2. Is in good standing with the State Board of Dental 8
Examiners; 9
(iii) 1. Has an active, unrestricted license to practice podiatry 10
that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 11
Health Occupations Article; and 12
2. Is in good standing with the State Board of Podiatric 13
Medical Examiners; 14
(iv) 1. Has an active, unrestricted license to practice registered 15
nursing and has an active, unrestricted certification to practice as a nurse practitioner or 16
a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 17
Occupations Article; and 18
2. Is in good standing with the State Board of Nursing; or 19
(v) 1. Has an active, unrestricted license to practice as a 20
physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 21
5H of the Health Occupations Article; 22
2. Has an active delegation agreement with a primary 23
supervising physician who is a certifying provider; and 24
3. Is in good standing with the State Board of Physicians; 25
(2) Has a State controlled dangerous substances registration; and 26
(3) Is registered with the Commission to make cannabis available to 27
patients for medical use in accordance with regulations adopted by the Commission. 28
18–214.1. 29
(b) Notwithstanding any other provision of law, the following health care 30
providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 31
partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 32
making a personal physical assessment of the patient’s partner: 33 8 HOUSE BILL 1252
(1) A physician licensed under Title 14 of the Health Occupations Article; 1
(2) An advanced practice registered nurse with prescriptive authority 2
licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 3
of the Health Occupations Article; 4
(3) An authorized physician assistant licensed under Title [15] 14, 5
SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] 6
14–5H–10 of the Health Occupations Article; and 7
(4) A registered nurse employed by a local health department who complies 8
with: 9
(i) The formulary developed and approved under § 3–403(b) of this 10
article; and 11
(ii) The requirements established under § 8–512 of the Health 12
Occupations Article. 13
Article – Health Occupations 14
1–302. 15
(g) Subsection (d)(12) of this section may not be construed to: 16
(1) Permit an individual or entity to engage in the insurance business, as 17
defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 18
the Maryland Insurance Commissioner and satisfying all other applicable requirements of 19
the Insurance Article; 20
(2) (i) Impose additional obligations on a carr ier providing 21
incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 22
Article; or 23
(ii) Require the disclosure of information regarding the 24
incentive–based compensation, except as required under § 15–113 of the Insurance Article; 25
(3) Authorize a health care entity to knowingly make a direct or indirect 26
payment to a health care practitioner as an inducement to reduce or limit medically 27
necessary services to individuals who are under the direct care of the health care 28
practitioner; 29
(4) Permit an arrangement that violates: 30
(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 31
HOUSE BILL 1252 9
(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 1
Law Article; 2
(5) Narrow, expand, or otherwise modify: 3
(i) Any definition in § 1–301 of this subtitle, including the definition 4
of “in–office ancillary services”; or 5
(ii) Any exception in subsection (d)(4) of this section including the 6
exception for referrals for in–office ancillary services or tests; or 7
(6) Require a compensation arrangement to comply with the provisions of 8
subsection (d)(12) of this section if the compensation arrangement is exempt under any 9
other provision of subsection (d) of this section. 10
1–306. 11
(e) This section does not prohibit: 12
(1) A referring laboratory from billing for anatomic pathology services or 13
histologic processing if the referring laboratory must send a specimen to another clinical 14
laboratory for histologic processing or anatomic pathology consultation; and 15
(2) A health care practitioner who takes a Pap test specimen from a patient 16
and who orders but does not supervise or perform an anatomic pathology service on the 17
specimen, from billing a patient or payor for the service, provided the health care 18
practitioner complies with: 19
(i) The disclosure requirements of [§ 14–404(a)(16)] § 20
14–515(A)(16) of this article; and 21
(ii) The ethics policies of the American Medical Association that 22
relate to referring physician billing for laboratory services. 23
8–205. 24
(a) In addition to the powers and duties set forth elsewhere in this title, the Board 25
has the following powers and duties: 26
(3) To adopt rules and regulations for the performance of delegated medical 27
functions that are recognized jointly by the State Board of Physicians and the State Board 28
of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 29
11–404.2. 30
(h) A therapeutically certified optometrist shall be: 31
10 HOUSE BILL 1252
(1) Held to the same standard of care as an ophthalmologist who is licensed 1
under Title 14 of this article and who is providing similar services; and 2
(2) Required to comply with the notice requirement under [§ 14–508] § 3
14–520 of this article. 4
12–102. 5
(c) (2) This title does not prohibit: 6
(i) A licensed veterinarian from: 7
1. Personally preparing and dispensing the veterinarian’s 8
prescriptions; or 9
2. Dispensing, in accordance with § 2 –313(c) of the 10
Agriculture Article, compounded nonsterile preparations or compounded sterile 11
preparations provided by a pharmacy; 12
(ii) A licensed dentist, physician, or podiatrist from personally 13
preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 14
1. The dentist, physician, or podiatrist: 15
A. Has applied to the board of licensure in this State which 16
licensed the dentist, physician, or podiatrist; 17
B. Has demonstrated to the satisfaction of that board that the 18
dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 19
public interest; 20
C. Has received a written permit from that board to dispense 21
prescription drugs or devices except that a written permit is not required in order to 22
dispense starter dosages or samples without charge; and 23
D. Posts a sign conspicuously positioned and readable 24
regarding the process for resolving incorrectly filled prescriptions or includes written 25
information regarding the process with each prescription dispensed; 26
2. The person for whom the drugs or devices are prescribed 27
is a patient of the prescribing dentist, physician, or podiatrist; 28
3. The dentist, physician, or podiatrist does not have a 29
substantial financial interest in a pharmacy; and 30
4. The dentist, physician, or podiatrist: 31
HOUSE BILL 1252 11
A. Complies with the dispensing and labeling requirements 1
of this title; 2
B. Records the dispensing of the prescription drug or device 3
on the patient’s chart; 4
C. Allows the Office of Controlled Substances Administration 5
to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 6
and in accordance with § 12–102.1 of this subtitle; 7
D. On inspection by the Office of Controlled Substances 8
Administration, signs and dates an acknowledgment form provided by the Office of 9
Controlled Substances Administration relating to the requirements of this section; 10
E. Except for starter dosages or samples without charge, 11
provides the patient with a written prescription, maintains prescription files in accordance 12
with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 13
F. Does not direct patients to a single pharmacist or 14
pharmacy in accordance with § 12–403(c)(8) of this title; 15
G. Does not receive remuneration for referring patients to a 16
pharmacist or pharmacy; 17
H. Complies with the child resistant packaging requirements 18
regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 19
I. Complies with drug recalls; 20
J. Maintains biennial inventories and complies with any 21
other federal and State record–keeping requirements relating to controlled dangerous 22
substances; 23
K. Purchases prescription drugs from a pharmacy or 24
wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 25
the Board of Pharmacy; 26
L. Annually reports to the respective board of licensure 27
whether the dentist, physician, or podiatrist has personally prepared and dispensed 28
prescription drugs within the previous year; and 29
M. Completes ten continuing education credits over a 5–year 30
period relating to the preparing and dispensing of prescription drugs, offered by the 31
Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 32
consultation with each respective board of licensure, as a condition of permit renewal; 33
12 HOUSE BILL 1252
(iii) A licensed physician from dispensing a topical medication 1
without obtaining the permit required under item (ii)1C of this paragraph or completing 2
the continuing education required under item (ii)4M of this paragraph when the physician: 3
1. Otherwise complies with item (ii) of this paragraph; and 4
2. Has obtained a special written permit under [§ 14–509] § 5
14–522 of this article; 6
(iv) A licensed physician who complies with the requirements of item 7
(ii) of this paragraph from personally preparing and dispensing a prescription written by: 8
1. A physician assistant in accordance with a delegation 9
agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 10
2. A nurse practitioner who is authorized to practice under 11
Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 12
or 13
(v) A hospital–based clinic from dispensing prescriptions to its 14
patients. 15
14–101. 16
(a) In this title the following words have the meanings indicated. 17
(a–1) “Allied health professional” means an individual licensed by the Board under 18
Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 19
(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 20
LICENSURE AS A PHYSI CIAN OR ALLIED HEALTH PROFESSIONAL IN THE STATE. 21
(g) “License” means, unless the context requires otherwise, a license issued by the 22
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 23
BOARD. 24
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 25
issued], including an individual practicing medicine within or as a professional corporation 26
or professional association. 27
(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 28
UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH P HYSICIAN 29
SUPERVISION. 30
(o) (1) “Practice medicine” means to engage, with or without compensation, in 31
medical: 32 HOUSE BILL 1252 13
(i) Diagnosis; 1
(ii) Healing; 2
(iii) Treatment; or 3
(iv) Surgery. 4
(2) “Practice medicine” includes doing, undertaking, professing to do, and 5
attempting any of the following: 6
(i) Diagnosing, healing, treating, preventing, prescribing for, or 7
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 8
1. By physical, mental, emotional, or other process that is 9
exercised or invoked by the practitioner, the patient, or both; or 10
2. By appliance, test, drug, operation, or treatment; 11
(ii) Ending of a human pregnancy; and 12
(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 13
of this title. 14
(3) “Practice medicine” does not include: 15
(i) Selling any nonprescription drug or medicine; 16
(ii) Practicing as an optician; or 17
(iii) Performing a massage or other manipulation by hand, but by no 18
other means. 19
(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 20
OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 21
14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 22
IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS REGU LATED BY THE 23
BOARD WHO ARE DIRECTE D BY THE BOARD TO RECEIVE TREA TMENT AND 24
REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 25
PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS . 26
14–102. 27
(a) This title does not limit the right of: 28
14 HOUSE BILL 1252
(1) An individual to practice a health occupation that the individual is 1
authorized to practice under this article; [or] 2
(2) A Christian Science practitioner, who is accredited by the First Church 3
of Christ, Scientist, in Boston, Massachusetts, from: 4
(i) Dealing with human ills in accordance with the tenets of 5
Christian Science; and 6
(ii) Charging for services[.]; 7
(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 8
HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 9
OF THE HEALTH – GENERAL ARTICLE; OR 10
(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 11
RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 12
PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 13
LABORATORY . 14
14–205. 15
(a) In addition to the powers and duties set forth in this title [and in Title 15 of 16
this article], the Board shall: 17
(1) Enforce this title [and Title 15 of this article]; 18
(2) Adopt regulations to carry out the provisions of this title [and Title 15 19
of this article]; 20
(3) Establish policies for Board operations; 21
(4) Maintain the rules, regulations, and policies of the Board so that the 22
rules, regulations, and policies reflect the current practices of the Board; 23
(5) Oversee: 24
(i) The licensing requirements for physicians and the allied health 25
professionals; and 26
(ii) The issuance and renewal of licenses; 27
(6) Maintain secure and complete records; 28
HOUSE BILL 1252 15
(7) Review and preliminarily investigate complaints, including 1
acknowledging receipt of complaints and informing complainants of the final disposition of 2
complaints; 3
(8) Develop and implement methods to: 4
(i) Assess and improve licensee practices; and 5
(ii) Ensure the ongoing competence of licensees; 6
(9) Ensure that an opportunity for a hearing is provided to an individual, 7
in accordance with law, before any action is taken against the individual; 8
(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 9
(11) Report on all disciplinary actions, license denials, and license 10
surrenders; 11
(12) Establish appropriate fees that are adequate to fund the effective 12
regulation of physicians and allied health professionals; 13
(13) Make recommendations that benefit the health, safety, and welfare of 14
the public; 15
(14) Provide ongoing education and training for Board members to ensure 16
that the Board members can competently discharge their duties; 17
(15) Direct educational outreach to and communicate with licensees and the 18
public; 19
(16) Develop and adopt a budget that reflects revenues and supports the 20
costs associated with each allied health profession regulated by the Board; 21
(17) Develop and approve an annual report and other required reports for 22
submission to the Secretary, the Governor, the General Assembly, and the public; 23
(18) Approve contracts as needed and within budgetary limits; 24
(19) Appoint standing and ad hoc committees from among Board members 25
as necessary; 26
(20) Delegate to the executive director of the Board the authority to 27
discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 28
Board or disciplinary panel, and hold the executive director accountable to the Board; and 29
(21) Appoint members of the disciplinary panels. 30
16 HOUSE BILL 1252
(b) (1) In addition to the powers set forth elsewhere in this title, the Board 1
may: 2
(i) Adopt regulations to regulate the performance of acupuncture, 3
but only to the extent authorized by [§ 14–504] § 14–526 of this title; 4
(ii) After consulting with the State Board of Pharmacy, adopt rules 5
and regulations regarding the dispensing of prescription drugs by a licensed physician; 6
(iii) On receipt of a written and signed complaint, including a referral 7
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 8
office of a physician or acupuncturist, other than an office of a physician or acupuncturist 9
in a hospital, related institution, freestanding medical facility, or a freestanding birthing 10
center, to determine compliance at that office with the Centers for Disease Control and 11
Prevention’s guidelines on universal precautions; and 12
(iv) Contract with others for the purchase of administrative and 13
examination services to carry out the provisions of this title. 14
(2) The Board or a disciplinary panel may investigate an alleged violation 15
of this title. 16
[(3) Subject to the Administrative Procedure Act and the hearing provisions 17
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 18
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 19
applicant’s license for: 20
(i) Any of the reasons that are grounds for action under § 14–404, § 21
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 22
as applicable; or 23
(ii) Failure to complete a criminal history records check in 24
accordance with § 14–308.1 of this title.] 25
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 26
shall: 27
(i) Issue, for use in other jurisdictions, a certificate of professional 28
standing to any [licensed physician] LICENSEE; and 29
(ii) Keep a list of all PENDING license applicants. 30
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 31
are currently licensed. 32
HOUSE BILL 1252 17
(ii) The list shall include each [physician’s] LICENSEE’S designated 1
public address. 2
(iii) A [physician’s] LICENSEE’S designated public address may be a 3
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 4
under paragraph (3) of this subsection, that is not a post office box. 5
(iv) Each list prepared under this paragraph shall be kept as a 6
permanent record of the Board. 7
(v) The list of [currently licensed physicians] CURRENT 8
LICENSEES is a public record. 9
(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 10
designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 11
communication between the [physician] LICENSEE and the Board. 12
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 13
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 14
at the time of initial licensure and license renewal. 15
(iii) A [physician] LICENSEE shall designate an address where the 16
Board may send the [physician] LICENSEE mail. 17
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 18
a public record and may not be released by the Board. 19
(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 20
(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 21
ESTABLISHED UNDER THIS TITLE GOV ERNING: 22
(1) THE TERM OF OFFICE FO R MEMBERS; 23
(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 24
(3) THE REMOVAL OF MEMBER S; AND 25
(4) THE DUTIES OF EACH OF FICER. 26
14–207. 27
(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 28
renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 29
HEALTH PROFESSIONALS . 30 18 HOUSE BILL 1252
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 1
FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 2
UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 3
ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 4
program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 5
14–401.1(D) of this title. 6
(3) Funds to cover the compensation and expenses of the Board members 7
shall be generated by fees set under this section. 8
(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 9
PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 10
AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 11
(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 12
DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 13
REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 14
TITLE. 15
(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 16
SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 17
$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 18
(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 19
PARAGRAPH (1) OF THIS SUBSECTION T O THE PHYSICIAN ASSISTANT 20
PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 21
GENERAL ARTICLE. 22
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 23
THE Board shall pay all fees collected under the provisions of this title to the Comptroller 24
of the State. 25
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 26
include in the State budget at least $400,000 for the operation of the Maryland Loan 27
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 28
Subtitle 17 of the Health – General Article, as administered by the Department, the 29
Comptroller shall distribute: 30
(i) $400,000 of the fees received from the Board to the Department 31
to be used to make grants under the Maryland Loan Assistance Repayment Program for 32
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 33
Article to physicians and physician assistants engaged in primary care or to medical 34
residents specializing in primary care who agree to practice for at least 2 years as primary 35 HOUSE BILL 1252 19
care physicians in a geographic area of the State that has been designated by the Secretary 1
as being medically underserved; and 2
(ii) The balance of the fees to the Board of Physicians Fund. 3
(2)] In fiscal year 2022, if the Governor does not include in the State budget 4
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 5
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 6
Article, as administered by the Department, the Comptroller shall distribute: 7
(i) $1,000,000 of the fees received from the Board to the Department 8
to be used to make grants under the Maryland Loan Assistance Repayment Program for 9
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 10
Article to physicians and physician assistants engaged in primary care or to medical 11
residents specializing in primary care who agree to practice for at least 2 years as primary 12
care physicians in a geographic area of the State that has been designated by the Secretary 13
as being medically underserved; and 14
(ii) The balance of the fees to the Board of Physicians Fund. 15
[(3)] (2) In fiscal year 2023 and each fiscal year thereafter, if the 16
Department does not implement a permanent funding structure under § 24–1702(b)(1) of 17
the Health – General Article and the Governor does not include in the State budget at least 18
$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 19
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 20
Article, as administered by the Department, the Comptroller shall distribute: 21
(i) $400,000 of the fees received from the Board to the Department 22
to be used to make grants under the Maryland Loan Assistance Repayment Program for 23
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 24
Article to physicians and physician assistants engaged in primary care or to medical 25
residents specializing in primary care who agree to practice for at least 2 years as primary 26
care physicians in a geographic area of the State that has been designated by the Secretary 27
as being medically underserved; and 28
(ii) The balance of the fees to the Board of Physicians Fund. 29
[(4)] (3) If the Governor includes in the State budget at least the amount 30
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 31
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 32
Subtitle 17 of the Health – General Article, as administered by the Department, the 33
Comptroller shall distribute the fees to the Board of Physicians Fund. 34
(f) (1) In addition to the requirements of subsection (e) of this section, the 35
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 36
collected, and distributed to the Fund under this title. 37
20 HOUSE BILL 1252
(2) After review and approval by the Board of a budget submitted by the 1
[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 2
[Physician] Rehabilitation Program. 3
14–301. 4
(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 5
qualify for a license, an applicant shall be an individual who meets the requirements of this 6
section. 7
(b) The applicant shall be of good moral character. 8
(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 9
shall be at least 18 years old. 10
[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 11
(1) (i) Have a degree of doctor of medicine from a medical school that is 12
accredited by an accrediting organization that the Board recognizes in its regulations; and 13
(ii) Submit evidence acceptable to the Board of successful completion 14
of 1 year of training in a postgraduate medical training program that is accredited by an 15
accrediting organization that the Board recognizes in its regulations; or 16
(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 17
in the United States, its territories or possessions, Puerto Rico, or Canada that has 18
standards for graduation equivalent to those established by the American Osteopathic 19
Association; and 20
(ii) Submit evidence acceptable to the Board of successful completion 21
of 1 year of training in a postgraduate medical training program accredited by an 22
accrediting organization that the Board recognizes in its regulations.] 23
(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 24
CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 25
(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 26
[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 27
OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 28
(f) The applicant shall meet any other qualifications that the Board establishes 29
in its regulations for license applicants. 30
[(g) An otherwise qualified applicant who passes the examination after having 31
failed the examination or any part of the examination 3 or more times may qualify for a 32
license only if the applicant: 33 HOUSE BILL 1252 21
(1) Has successfully completed 2 or more years of a residency or fellowship 1
accredited by the Accreditation Council on Graduate Medical Education or the American 2
Osteopathic Association; 3
(2) (i) Has a minimum of 5 years of clinical practice of medicine: 4
1. In the United States or in Canada; 5
2. With at least 3 of the 5 years having occurred within 5 6
years of the date of the application; and 7
3. That occurred under a full unrestricted license to practice 8
medicine; and 9
(ii) Has no disciplinary action pending and has had no disciplinary 10
action taken against the applicant that would be grounds for discipline under § 14–404 of 11
this title; or 12
(3) Is board certified.] 13
[(h)] (G) (1) The Board shall require as part of its examination or licensing 14
procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 15
PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 16
(2) Graduation from a recognized English–speaking undergraduate 17
school or high school, including General Education Development (GED), after at least 3 18
years of enrollment, or from a recognized English–speaking professional school is 19
acceptable as proof of proficiency in the oral communication of the English language under 20
this section. 21
(3) By regulation, the Board shall develop a procedure for testing 22
individuals who because of their speech impairment are unable to complete satisfactorily a 23
Board approved standardized test of oral competency. 24
(4) If any disciplinary charges or action that involves a problem with 25
the oral communication of the English language are brought against a licensee under this 26
title, the Board shall require the licensee to take and pass a Board approved standardized 27
test of oral competency. 28
[(i) The applicant shall complete a criminal history records check in accordance 29
with § 14–308.1 of this subtitle. 30
(j) (1) The Board shall license an applicant to practice medicine if: 31
(i) The applicant: 32
22 HOUSE BILL 1252
1. Became licensed or certified as a physician in another 1
jurisdiction under requirements that the Board determines are substantially equivalent to 2
the licensing requirements of this title; 3
2. Is in good standing under the laws of the ot her 4
jurisdiction; 5
3. Submits an application to the Board on a form that the 6
Board requires; and 7
4. Pays to the Board an application fee set by the Board; and 8
(ii) The jurisdiction in which the applicant is licensed or certified 9
offers a similar reciprocal licensing process for individuals licensed to practice medicine by 10
the Board. 11
(2) The Board shall adopt regulations to implement this subsection.] 12
14–303. 13
[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 14
(1) Complete a criminal history records check in accordance with [§ 15
14–308.1] § 14–302 of this subtitle; 16
(2) Submit an application to the Board on the form that the Board requires; 17
and 18
(3) Pay to the Board the application fee set by the Board. 19
[(b) The Board may not release a list of applicants for licensure.] 20
14–304. 21
(b) (1) On receipt of the criminal history record information of an applicant for 22
licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 23
in determining whether to issue a license, the Board shall consider: 24
(i) The age at which the crime was committed; 25
(ii) The nature of the crime; 26
(iii) The circumstances surrounding the crime; 27
(iv) The length of time that has passed since the crime; 28
HOUSE BILL 1252 23
(v) Subsequent work history; 1
(vi) Employment and character references; and 2
(vii) Other evidence that demonstrates whether the applicant poses a 3
threat to the public health or safety. 4
(2) The Board may not issue a license if the criminal history record 5
information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 6
14–305. 7
(a) Except as otherwise provided in this title, a license authorizes the licensee to 8
practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 9
LICENSE ISSUED BY TH E BOARD while the license is effective. 10
(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 11
THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 12
14–306. 13
(a) (1) The term of a license issued by the Board may not exceed 3 years. 14
(2) A license expires on a date set by the Board, unless the license is 15
renewed for [a] AN ADDITIONAL term as provided in this section. 16
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 17
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 18
last known electronic or physical address of the licensee[: 19
(i) A] A renewal notice that states: 20
[1.] (I) The date on which the current license expires; 21
[2.] (II) The date by which the renewal application must be 22
received by the Board for the renewal to be issued and mailed before the license expires; 23
and 24
[3.] (III) The amount of the renewal fee[; and 25
(ii) A blank panel data sheet supplied by the Health Care 26
Alternative Dispute Resolution Office]. 27
(2) If the Board chooses to send renewal notices exclusively by electronic 28
mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 29
first–class mail to a licensee on request of the licensee. 30 24 HOUSE BILL 1252
(c) (1) Before the license expires, the licensee periodically may renew it for an 1
additional term, if the licensee: 2
(i) Otherwise is entitled to be licensed; 3
(ii) Is of good moral character; 4
(iii) Pays to the Board a renewal fee set by the Board; [and] 5
(iv) Submits to the Board: 6
1. A renewal application on the form that the Board requires; 7
and 8
2. Satisfactory evidence of compliance with any continuing 9
education OR COMPETENCY requirements set under this section for license renewal; AND 10
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 11
REQUIREMENTS ESTABLI SHED BY THE BOARD. 12
(2) Within 30 days after a license renewal under Section 7 of the Interstate 13
Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 14
shall submit to the Board the information required under paragraph (1)(iv) of this 15
subsection. 16
(d) (1) In addition to any other qualifications and requirements established by 17
the Board, the Board may establish continuing education OR COMPETENCY requirements 18
as a condition to the renewal of licenses under this section. 19
[(2) In establishing these requirements, the Board shall evaluate existing 20
methods, devices, and programs in use among the various medical specialties and other 21
recognized medical groups. 22
(3) The Board shall adopt regulations that allow a licensee seeking renewal 23
to receive up to 5 continuing education credits per renewal period for providing 24
uncompensated, voluntary medical services during each renewal period. 25
(4) The Board may not establish or enforce these requirements if they 26
would so reduce the number of physicians in a community as to jeopardize the availability 27
of adequate medical care in that community.] 28
[(5)] (2) The Board may not establish a continuing education requirement 29
that every licensee complete a specific course or program as a condition to the renewal of a 30
license under this section. 31
HOUSE BILL 1252 25
[(6) A disciplinary panel may impose a civil penalty of up to $100 per 1
continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 2
first offense, for the failure of a licensee to obtain the continuing medical education credits 3
required by the Board.] 4
(e) The Board shall renew the license of each licensee who meets the 5
requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 6
UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 7
APPLICABLE. 8
[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 9
change in the licensee’s name or address within 60 days after the change. 10
(2) If a licensee fails to notify the secretary of the Board within the time 11
required under this section, the licensee is subject to an administrative penalty of $100.] 12
[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 13
history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 14
(i) Renewal applicants as determined by regulations adopted by the 15
Board; and 16
(ii) Each former licensee who files for reinstatement under [§ 14–317 17
of this subtitle] THIS TITLE. 18
(2) On receipt of the criminal history record information of a licensee 19
forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 20
determining whether disciplinary action should be taken, based on the criminal record 21
information, against a licensee who renewed or reinstated a license, the Board shall 22
consider: 23
(i) The age at which the crime was committed; 24
(ii) The nature of the crime; 25
(iii) The circumstances surrounding the crime; 26
(iv) The length of time that has passed since the crime; 27
(v) Subsequent work history; 28
(vi) Employment and character references; and 29
(vii) Other evidence that demonstrates whether the licensee poses a 30
threat to the public health or safety. 31
26 HOUSE BILL 1252
(3) The Board may renew or reinstate a license only if the licensee or 1
applicant attests that the licensee or applicant has submitted to a criminal history records 2
check under [§ 14–308.1] § 14–302 of this subtitle. 3
14–307. 4
The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 5
to renew the license for any reason if the [physician] INDIVIDUAL: 6
(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 7
AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 8
5E, 5F, 5G, OR 5H OF THIS TITLE; 9
(2) SUBMITS A REINSTATEME NT APPLICATION ON THE F ORM THAT 10
THE BOARD REQUIRES ; 11
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 12
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 13
the qualifications and requirements established under this title for license reinstatements; 14
AND 15
(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 16
REQUIREMENTS ESTABLI SHED BY THE BOARD. 17
14–401.1. 18
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 19
subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 20
this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 21
the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 22
disciplinary panel. 23
(ii) If the complaint proceeds to a hearing and is referred to the other 24
disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 25
was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 26
may not: 27
1. Continue to handle the complaint; 28
2. Participate in any disciplinary proceedings regarding the 29
complaint; or 30
3. Determine the final disposition of the complaint. 31
HOUSE BILL 1252 27
[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 1
enter into a written contract with an entity or individual for confidential physician peer 2
review of allegations based on § 14–404(a)(22) of this subtitle. 3
(2) A peer reviewer shall: 4
(i) Be board certified; 5
(ii) Have special qualifications to judge the matter at hand; 6
(iii) Have received a specified amount of medical experience and 7
training; 8
(iv) Have no formal actions against the peer reviewer’s own license; 9
(v) Receive training in peer review; 10
(vi) Have a standard format for peer review reports; and 11
(vii) To the extent practicable, be licensed and engaged in the practice 12
of medicine in the State. 13
(3) The Board may consult with the appropriate specialty health care 14
provider societies in the State to obtain a list of physicians qualified to provide peer review 15
services. 16
(4)] For purposes of peer review, the Board may use sole source 17
procurement under § 13–107 of the State Finance and Procurement Article. 18
[(5)] (2) The hearing of charges may not be stayed or challenged because 19
of the selection of peer reviewers under this subsection before the filing of charges. 20
[(f)] (C) (1) The entity or individual peer reviewer with which the Board 21
contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 22
90 days for completion of peer review. 23
(2) The entity or individual peer reviewer may apply to the Board for an 24
extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 25
§ 14–515(D)(1) OF THIS TITLE. 26
(3) If an extension is not granted, and 90 days have elapsed, the Board may 27
contract with any other entity or individual who meets the requirements of [subsection 28
(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 29
28 HOUSE BILL 1252
(4) If an extension has been granted, and 120 days have elapsed, the Board 1
may contract with any other entity or individual who meets the requirements of [subsection 2
(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 3
[(g)] (D) The Board shall issue a request for proposals and enter into a written 4
contract with a nonprofit entity to provide rehabilitation services for physicians or other 5
allied health professionals directed by the Board to receive rehabilitation services. 6
[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 7
matters and the mediation of fee disputes coming before it, the Board may contract with an 8
entity or entities for the purchase of investigatory, mediation, and related services. 9
(2) Services that may be contracted for under this subsection include the 10
services of: 11
(i) Investigators; 12
(ii) Attorneys; 13
(iii) Accountants; 14
(iv) Expert witnesses; 15
(v) Consultants; and 16
(vi) Mediators. 17
[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 18
oaths in connection with any investigation under this section and any hearing or proceeding 19
before it. 20
[(j)] (G) (1) It is the intent of this section that the disposition of every 21
complaint against a licensee that sets forth allegations of grounds for disciplinary action 22
filed with the Board shall be completed as expeditiously as possible and, in any event, 23
within 18 months after the complaint was received by the Board. 24
(2) If a disciplinary panel is unable to complete the disposition of a 25
complaint within 1 year, the Board shall include in the record of that complaint a detailed 26
explanation of the reason for the delay. 27
[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 28
health professional to discuss the proposed disposition of a complaint, shall provide an 29
opportunity to appear before the disciplinary panel to both the licensee who has been 30
charged and the individual who has filed the complaint against the licensee giving rise to 31
the charge. 32
HOUSE BILL 1252 29
14–401.2. 1
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 2
relief against an individual for: 3
(1) Practicing a profession regulated under this title [or Title 15 of this 4
article] without a license OR WITH AN UNAUTHORI ZED PERSON; 5
(2) Representing to the public, by title, description of services, methods, 6
procedures, or otherwise, that the individual is authorized to practice: 7
(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 8
title; 9
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 10
title; 11
(iii) Radiation therapy, radiography, nuclear medicine technology, or 12
radiation assistance in this State, in violation of § 14–5B–18 of this title; 13
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 14
title; 15
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 16
this title; 17
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 18
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 19
of this title; [or] 20
(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 21
14–5G–24 OF THIS TITLE; OR 22
(IX) As a physician assistant in this State, in violation of [§ 15–402 of 23
this article] § 14–5H–19 OF THIS TITLE; or 24
(3) Taking any action: 25
(i) For which a disciplinary panel determines there is a 26
preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 27
and 28
(ii) That poses a serious risk to the health, safety, and welfare of a 29
patient. 30
30 HOUSE BILL 1252
14–402. 1
(a) In reviewing an application for licensure or in investigating an allegation 2
brought against a licensed physician or any allied health professional regulated by the 3
Board under this title, the [Physician] Rehabilitation Program may request the Board to 4
direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 5
physician or any allied health professional regulated by the Board under this title to submit 6
to an appropriate examination. 7
(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 8
to submit to an examination is prima facie evidence of the licensed individual’s OR 9
APPLICANT’S inability to practice medicine or the respective discipline competently, unless 10
the Board or disciplinary panel finds that the failure or refusal was beyond the control of 11
the licensed individual OR APPLICANT . 12
(e) (1) The Board or the entity or entities with which the Board contracts shall 13
appoint the members of the [Physician] Rehabilitation Program. 14
(2) The chair of the Board shall appoint one member of the Board to serve 15
as a liaison to the [Physician] Rehabilitation Program. 16
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 17
Auditor as provided in § 2–1220 of the State Government Article. 18
14–404. 19
SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 20
PROVISIONS OF § 14–405 OF THIS SUBTITLE, A DISCIPLINARY PANEL MAY DENY A 21
LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 22
APPLICANT’S LICENSE, REFUSE TO RENEW OR REINSTATE A N APPLICANT’S LICENSE 23
FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 24
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 25
14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 26
14–405. 27
(a) Except as otherwise provided in the Administrative Procedure Act, before the 28
Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 29
or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 30
14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 31
it shall give the individual against whom the action is contemplated an opportunity for a 32
hearing before a hearing officer. 33
[(g)] (F) The hearing of charges may not be stayed or challenged by any 34
procedural defects alleged to have occurred prior to the filing of charges. 35 HOUSE BILL 1252 31
14–406. 1
(a) Following the filing of charges, if a majority of the quorum of a disciplinary 2
panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 3
14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 4
14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 5
with the Administrative Procedure Act. 6
(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 7
of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 8
14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 9
§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 10
(1) Immediately shall dismiss the charges and exonerate the licensee; 11
(2) (i) Except as provided in item (ii) of this item, shall expunge all 12
records of the charges 3 years after the charges are dismissed; or 13
(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 14
a document releasing the Board from any liability related to the charges, shall immediately 15
expunge all records of the charges; and 16
(3) May not take any further action on the charges. 17
14–409. 18
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 19
ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 20
PANEL, may reinstate the license of an individual whose license has been surrendered or 21
revoked under this title only in accordance with: 22
(i) The terms and conditions of the order of revocation or letter of 23
surrender; 24
(ii) An order of reinstatement issued by the disciplinary panel; or 25
(iii) A final judgment in any proceeding for review. 26
(2) If a license is surrendered or revoked for a period of more than 1 year, 27
the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 28
(i) Meets the requirements for reinstatement as established by the 29
Board; and 30
32 HOUSE BILL 1252
(ii) Completes a criminal history records check in accordance with [§ 1
14–308.1] § 14–302 of this title. 2
(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 3
14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 4
14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 5
conviction or plea subsequently is overturned at any stage of an appeal or other 6
postconviction proceeding, the revocation ends when the conviction or plea is overturned. 7
14–411. 8
(d) The Board shall disclose any information contained in a record to: 9
(1) A committee of a hospital, health maintenance organization, or related 10
institution if: 11
(i) The committee of a medical hospital staff concerned with 12
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 13
organization, or related institution requests the information in writing; 14
(ii) A disciplinary panel has issued an order as to a [licensed 15
physician] LICENSEE on whom the information is requested; and 16
(iii) The Board determines that the information requested is 17
necessary for an investigation or action of the committee as to a medical privilege of a 18
[licensed physician] LICENSEE; or 19
(2) The Secretary, the Office of Health Care Quality in the Department, 20
the Maryland Health Care Commission, or the Health Services Cost Review Commission 21
for the purpose of investigating quality or utilization of care in any entity regulated by the 22
Office of Health Care Quality or the Health Services Cost Review Commission. 23
(g) (1) The Board shall notify all hospitals, health maintenance organizations, 24
or other health care facilities where a [physician or an allied health professional] 25
LICENSEE regulated by the Board has privileges, has a provider contract with a health 26
maintenance organization, or is employed of a complaint or report filed against that 27
[physician] LICENSEE, if: 28
(i) The Board determines, in its discretion, that the hospital, health 29
maintenance organization, or health care facility should be informed about the report or 30
complaint; 31
(ii) The nature of the complaint suggests a reasonable possibility of 32
an imminent threat to patient safety; or 33
HOUSE BILL 1252 33
(iii) The complaint or report was as a result of a claim filed in the 1
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 2
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 3
(2) The Board shall disclose any information pertaining to a [physician’s] 4
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 5
to a committee of a hospital, health maintenance organization, or other health care facility 6
if: 7
(i) The committee is concerned with [physician] LICENSEE 8
discipline and requests the information in writing; and 9
(ii) The Board has received a complaint or report pursuant to 10
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 11
the information is requested. 12
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 13
this subtitle, notify those hospitals, health maintenance organizations, or health care 14
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 15
health maintenance organization, or is employed of its formal action within 10 days after 16
the action is taken and shall provide the hospital, health maintenance organization, or 17
health care facility with periodic reports as to enforcement or monitoring of a formal 18
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 19
reports. 20
(h) On the request of a person who has made a complaint to the Board regarding 21
a [physician] LICENSEE, the Board shall provide the person with information on the status 22
of the complaint. 23
(j) The Board may disclose any information contained in a record to a licensing 24
or disciplinary authority of another state if: 25
(1) The licensing or disciplinary authority of another state that regulates 26
[licensed physicians] LICENSEES in that state requests the information in writing; and 27
(2) The disclosure of any information is limited to the pendency of an 28
allegation of a ground for disciplinary or other action by a disciplinary panel until: 29
(i) The disciplinary panel has passed an order under § 14–406 of 30
this subtitle; or 31
(ii) A [licensed physician] LICENSEE on whom the information is 32
requested authorizes a disclosure as to the facts of an allegation or the results of an 33
investigation before the Board. 34
(k) The Board may disclose any information contained in a record to a person if: 35 34 HOUSE BILL 1252
(1) A [licensed physician] LICENSEE on whom any information is 1
requested authorizes the person to receive the disclosure; 2
(2) The person requests the information in writing; and 3
(3) The authorization for the disclosure is in writing. 4
(p) (1) The Board may publish a summary of any allegations of grounds for 5
disciplinary or other action. 6
(2) A summary may not identify: 7
(i) Any person who makes an allegation to the Board or any of its 8
investigatory bodies; 9
(ii) A [licensed physician] LICENSEE about whom an allegation is 10
made; or 11
(iii) A witness in an investigation or a proceeding before the Board or 12
any of its investigatory bodies. 13
14–411.1. 14
(b) The Board shall create and maintain a public individual profile on each 15
licensee that includes the following information: 16
(1) A summary of charges filed against the licensee, including a copy of the 17
charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 18
of this subtitle based on the charges or has rescinded the charges; 19
(2) A description of any disciplinary action taken by the Board or a 20
disciplinary panel against the licensee within the most recent 10–year period that includes 21
a copy of the public order; 22
(3) A description in summary form of any final disciplinary action taken by 23
a licensing board in any other state or jurisdiction against the licensee within the most 24
recent 10–year period; 25
(4) A description of a conviction or entry of a plea of guilty or nolo 26
contendere by the licensee for a crime involving moral turpitude reported to the Board 27
under § 14–416 of this subtitle; and 28
[(5) As reported to the Board by the licensee, education and practice 29
information about the licensee including: 30
HOUSE BILL 1252 35
(i) The name of any medical school that the licensee attended and 1
the date on which the licensee graduated from the school; 2
(ii) A description of any internship and residency training; 3
(iii) A description of any specialty board certification by a recognized 4
board of the American Board of Medical Specialties or the American Osteopathic 5
Association; 6
(iv) The name of any hospital where the licensee has medical 7
privileges; 8
(v) The location of the licensee’s primary practice setting; 9
(vi) Whether the licensee participates in the Maryland Medical 10
Assistance Program; 11
(vii) Whether the licensee maintains medical professional liability 12
insurance; and 13
(viii) The number of medical malpractice final court judgments and 14
arbitration awards against the licensee within the most recent 10–year period.] 15
(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 16
OF THIS TITLE. 17
(c) In addition to the requirements of subsection (b) of this section, the Board 18
shall: 19
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 20
DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 21
BOARD’S WEBSITE; 22
(2) Provide appropriate and accessible Internet links from the Board’s 23
[Internet site] WEBSITE: 24
(i) To the extent available, to the appropriate portion of the 25
[Internet site] WEBSITE of each health maintenance organization licensed in this State 26
which will allow the public to ascertain the names of the physicians affiliated with the 27
health maintenance organization; and 28
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 29
American Medical Association; 30
[(2)] (3) Include a statement on each licensee’s profile of information to 31
be taken into consideration by a consumer when viewing a licensee’s profile, including 32 36 HOUSE BILL 1252
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 1
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 2
and 3
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 4
(i) Notification that a person may contact the Board by telephone, 5
electronic mail, or written request to find out whether the number of medical malpractice 6
settlements involving a particular licensee totals three or more with a settlement amount 7
of $150,000 or greater within the most recent 5–year period as reported to the Board; and 8
(ii) A telephone number, electronic mail address, and physical 9
address through which a person may contact the Board to request the information required 10
to be provided under item (i) of this item. 11
(d) The Board: 12
(1) On receipt of a written request for a licensee’s profile from any person, 13
shall forward a written copy of the profile to the person; 14
(2) Shall maintain a website that serves as a single point of entry where 15
all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 16
public on the Internet; and 17
(3) On receipt of a verbal, electronic, or written request in accordance with 18
subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 19
days of the request. 20
14–413. 21
(A) A person may not make any false statement, report, or representation to the 22
Board or a disciplinary panel. 23
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SUBTITLE IS 24
GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT 25
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 26
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 27
SECTION INTO THE BOARD OF PHYSICIANS FUND. 28
14–416. 29
(a) Each court shall report to the Board each conviction of or entry of a plea of 30
guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 31
turpitude. 32
HOUSE BILL 1252 37
14–417. 1
(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 2
IN WRITING OF ANY CH ANGE IN THE LICENSEE’S NAME OR ADDRESS WI THIN 60 DAYS 3
AFTER THE CHANGE . 4
(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETA RY OF THE BOARD 5
WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 6
AN ADMINISTRATIVE PE NALTY OF $100. 7
(B) A DISCIPLINARY PAN EL MAY IMPOSE A CIVI L PENALTY OF UP TO $100 8
PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 9
OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 10
EDUCATION CREDITS RE QUIRED BY THE BOARD. 11
Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 12
14–503. 13
(c) (1) The Board shall adopt rules and regulations to delineate the scope of 14
this section. 15
(2) Before it adopts any rule or regulation under this section, the Board 16
shall invite and consider proposals from any individual or health group that could be 17
affected by the rule or regulation. 18
(e) Except as otherwise provided in this section, an individual may perform 19
X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 20
(1) Do not include: 21
(i) Computerized or noncomputerized tomography; 22
(ii) Fluoroscopy; 23
(iii) Invasive radiology; 24
(iv) Mammography; 25
(v) Nuclear medicine; 26
(vi) Radiation therapy; or 27
(vii) Xerography; 28
38 HOUSE BILL 1252
(2) Are limited to X–ray procedures of the: 1
(i) Chest, anterior–posterior and lateral; 2
(ii) Spine, anterior–posterior and lateral; or 3
(iii) Extremities, anterior–posterior and lateral, not including the 4
head; and 5
(3) Are performed: 6
(i) By an individual who is not employed primarily to perform 7
X–ray duties; 8
(ii) In the medical office of the physician who delegates the duties; 9
and 10
(iii) 1. By an individual who, before October 1, 2002, has: 11
A. Taken a course consisting of at least 30 hours of training 12
in performing X–ray procedures approved by the Maryland Radiological Society in 13
consultation with the Maryland Society of Radiologic Technologists; and 14
B. Successfully passed an examination based on that course 15
that has been approved by the Maryland Radiological Society in consultation with the 16
Maryland Society of Radiologic Technologists; or 17
2. By a licensed physician assistant who has completed a 18
course that includes anterior–posterior and lateral radiographic studies of extremities on 19
at least 20 separate patients under the direct supervision of the delegating physician or 20
radiologist using a mini C–arm or similar low–level radiation machine to perform 21
nonfluoroscopic X–ray procedures, if the duties: 22
A. Include only the X–ray procedures described in paragraph 23
(2)(iii) of this subsection; and 24
B. Are performed pursuant to a Board–approved delegation 25
agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 26
14–5H–08(C)(2) of this [article] TITLE. 27
14–504. 28
(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 29
THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 30
REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 31
HOUSE BILL 1252 39
(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE, THE APPLICANT 1
SHALL: 2
(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 3
MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 4
THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 5
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 6
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 7
TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 8
THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 9
(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 10
SCHOOL OF OSTE OPATHY IN THE UNITED STATES, ITS TERRITORIES OR 11
POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 12
EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 13
ASSOCIATION; AND 14
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 15
SUCCESSFU L COMPLETION OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 16
TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 17
BOARD RECOGNIZES IN I TS REGULATIONS . 18
(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 19
MEDICINE, AN OTHERWISE QUALI FIED APPLICANT WHO P ASSES THE EXAMINATIO N 20
AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 21
THREE OR MORE TIMES MAY QU ALIFY FOR A LICENSE ONLY IF THE APPLICAN T: 22
(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 23
RESIDENCY OR FELLOWS HIP ACCREDITED BY THE ACCREDITATION COUNCIL ON 24
GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 25
(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 26
MEDICINE: 27
1. IN THE UNITED STATES OR IN CANADA; 28
2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 29
WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 30
3. THAT OCCURRED UNDER A FULL UNRESTRICTED 31
LICENSE TO PRACTICE MEDICINE; AND 32
40 HOUSE BILL 1252
(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 1
DISCIPLINARY ACTION TAKEN AGAINST THE APPLICANT THAT WOULD BE GROUNDS 2
FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 3
(3) IS BOARD CERTIFIED . 4
(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 5
MEDICINE IF: 6
(I) THE APPLICANT: 7
1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 8
ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 9
ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 10
TITLE; 11
2. IS IN GOOD STANDING U NDER THE LAWS OF THE 12
OTHER JURISDICTION ; 13
3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 14
THAT THE BOARD REQUIRES ; AND 15
4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 16
THE BOARD; AND 17
(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 18
OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 19
INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 20
(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 21
SUBSECTION. 22
(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 23
FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 24
METHODS, DEVICES, AND PROGRAMS IN USE AMON G THE VARIOUS MEDICA L 25
SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 26
(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 27
LICENSEE SEEKING REN EWAL TO RECEIVE UP T O 5 CONTINUING EDUCATION 28
CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 29
MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 30
HOUSE BILL 1252 41
(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 1
REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 2
COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 3
THAT COMMUNITY . 4
14–505. 5
(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 6
educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 7
subtitle, if the applicant: 8
(1) Has studied medicine at a foreign medical school; 9
(2) Is certified by the Educational Commission for Foreign Medical 10
Graduates or by its successor as approved by the Board; 11
(3) Passes a qualifying examination for foreign medical school graduates 12
required by the Board; 13
(4) Meets any other qualifications for foreign medical school graduates that 14
the Board establishes in its regulation for licensing of applicants; 15
(5) Submits acceptable evidence to the Board of the requirements set in the 16
Board’s regulations; and 17
(6) Meets one of the following requirements: 18
(i) The applicant graduated from any foreign medical school and 19
submits evidence acceptable to the Board of successful completion of 2 years of training in 20
a postgraduate medical education program accredited by an accrediting organization 21
recognized by the Board; or 22
(ii) The applicant successfully completed a fifth pathway program 23
and submits evidence acceptable to the Board that the applicant: 24
1. Has a document issued by the foreign medical school 25
certifying that the applicant completed all of the formal requirements of that school for the 26
study of medicine, except for the postgraduate or social service components as required by 27
the foreign country or its medical school; 28
2. Has successfully completed a fifth pathway program; and 29
3. Has successfully completed 2 years of training in a 30
postgraduate medical education program following completion of a Board approved fifth 31
pathway program. 32
42 HOUSE BILL 1252
14–506. 1
(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 2
under this title is entitled to sit for an examination as provided under this section or any 3
regulations adopted to carry out this section. 4
14–510. 5
(a) The Board may: 6
(1) License TO PRACTICE MEDICINE an applicant by virtue of the 7
conceded eminence and authority of the applicant in the profession if the applicant: 8
(i) Is recommended to the Board by: 9
1. The dean of a school of medicine in the State; or 10
2. The Director of the National Institutes of Health; 11
(ii) Is to receive an appointment at the institution making the 12
recommendation under item (i) of this paragraph; and 13
(iii) Meets any other requirement the Board may adopt by regulation 14
under this section; 15
(2) Define by regulation the term “conceded eminence and authority in the 16
profession” and, for this purpose, shall consider such criteria as: 17
(i) Academic appointments; 18
(ii) Length of time in the profession; 19
(iii) Scholarly publications; and 20
(iv) Professional accomplishments; 21
(3) Adopt regulations concerning the further qualifications of an applicant 22
for licensure, including conditions of employment, application procedures, and fees under 23
this section; 24
(4) Allow an exception to the general education and examination 25
requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 26
this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 27
14–301(A) THROUGH (C) of this [subtitle] TITLE; 28
HOUSE BILL 1252 43
(5) Qualify, restrict, or otherwise limit a license granted under this section; 1
and 2
(6) Require a 6–month probationary period during which the medical 3
services performed by the applicant granted a license under this section are supervised by 4
another licensed physician. 5
14–511. 6
(b) The Board shall issue a license to an individual who is on inactive status if the 7
individual: 8
(1) Submits to the Board: 9
(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 10
of this [subtitle] TITLE; 11
(ii) Satisfactory evidence of compliance with the continuing 12
education requirements the Board adopts for this purpose; and 13
(iii) A reinstatement fee set by the Board; and 14
(2) Is otherwise entitled to be licensed. 15
14–513. 16
(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 17
OF A MISDEMEANOR AND ON CO NVICTION IS SUBJECT TO A FINE NOT EXCEED ING 18
$500. 19
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 20
SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
14–514. 22
(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 23
IS MADE BY A PATIENT OR A FA MILY MEMBER OF A PAT IENT BASED ON § 24
14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 25
ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 26
INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 27
PRESENT AT OR ABOUT THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 28
ALLEGATION OCCURRED . 29
44 HOUSE BILL 1252
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 1
BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 2
DISCIPLINARY PANEL M AY: 3
(I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 4
THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 5
THIS SECTION; OR 6
(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 7
NECESSARY. 8
(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 9
COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 10
THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 11
DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 12
THAT HAVE CONTRACTED WITH THE BOARD UND ER SUBSECTION (D) OF THIS 13
SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEW WITHIN THE 14
INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 15
(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 16
REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 17
UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 18
DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 19
(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 20
PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 21
ANCILLARY SERVICES DOES NOT CONSTITUTE GROUNDS F OR DISCIPLINARY OR 22
OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 23
THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 24
(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 25
COMPLAINTS THAT SET FORTH ALLEGATION S OF GROUNDS FOR DIS CIPLINARY 26
ACTION UNDER § 14–515 OF THIS SUBTITLE. 27
(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 28
SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 29
CONFIDENTIAL PHYSICI AN PEER REVIEW OF ALLEGATION S BASED ON § 30
14–515(A)(22) OF THIS SUBTITLE. 31
(2) A PEER REVIEWER SHALL : 32
(I) BE BOARD CERTIFIED ; 33
HOUSE BILL 1252 45
(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 1
HAND; 2
(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 3
EXPERIENCE A ND TRAINING; 4
(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 5
OWN LICENSE; 6
(V) RECEIVE TRAINING IN P EER REVIEW; 7
(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 8
AND 9
(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 10
IN THE PRACTICE OF MEDICINE IN THE STATE. 11
(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 12
HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 13
QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 14
14–515. 15
(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 16
disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 17
panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 18
a license if the licensee: 19
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 20
the applicant or licensee or for another; 21
(2) Fraudulently or deceptively uses a license; 22
(3) Is guilty of: 23
(i) Immoral conduct in the practice of medicine; or 24
(ii) Unprofessional conduct in the practice of medicine; 25
(4) Is professionally, physically, or mentally incompetent; 26
(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 27
SUBTITLE; 28
(6) Abandons a patient; 29 46 HOUSE BILL 1252
(7) Habitually is intoxicated; 1
(8) Is addicted to, or habitually abuses, any narcotic or controlled 2
dangerous substance as defined in § 5–101 of the Criminal Law Article; 3
(9) Provides professional services: 4
(i) While under the influence of alcohol; or 5
(ii) While using any narcotic or controlled dangerous substance, as 6
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 7
amounts or without valid medical indication; 8
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 9
as to exploit the patient for financial gain; 10
(11) Willfully makes or files a false report or record in the practice of 11
medicine; 12
(12) Willfully fails to file or record any medical report as required under law, 13
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 14
to file or record the report; 15
(13) On proper request, and in accordance with the provisions of Title 4, 16
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 17
record to the patient, another physician, or hospital; 18
(14) Solicits professional patronage through an agent or other person or 19
profits from the acts of a person who is represented as an agent of the physician; 20
(15) Pays or agrees to pay any sum to any person for bringing or referring a 21
patient or accepts or agrees to accept any sum from any person for bringing or referring a 22
patient; 23
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 24
the laboratory for a test or test series for a patient, unless the licensed physician discloses 25
on the bill to the patient or third–party payor: 26
(i) The name of the laboratory; 27
(ii) The amount paid to the laboratory for the test or test series; and 28
(iii) The amount of procurement or processing charge of the licensed 29
physician, if any, for each specimen taken; 30
(17) Makes a willful misrepresentation in treatment; 31 HOUSE BILL 1252 47
(18) Practices medicine with an unauthorized person or aids an 1
unauthorized person in the practice of medicine; 2
(19) Grossly overutilizes health care services; 3
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 4
method, treatment, or medicine; 5
(21) Is disciplined by a licensing or disciplinary authority or convicted or 6
disciplined by a court of any state or country or disciplined by any branch of the United 7
States uniformed services or the Veterans’ Administration for an act that would be grounds 8
for disciplinary action under this section; 9
(22) Fails to meet appropriate standards as determined by appropriate peer 10
review for the delivery of quality medical and surgical care performed in an outpatient 11
surgical facility, office, hospital, or any other location in this State; 12
(23) Willfully submits false statements to collect fees for which services are 13
not provided; 14
(24) Was subject to investigation or disciplinary action by a licensing or 15
disciplinary authority or by a court of any state or country for an act that would be grounds 16
for disciplinary action under this section and the licensee: 17
(i) Surrendered the license issued by the state or country to the 18
state or country; or 19
(ii) Allowed the license issued by the state or country to expire or 20
lapse; 21
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 22
of the Family Law Article; 23
(26) Fails to educate a patient being treated for breast cancer of alternative 24
methods of treatment as required by § 20–113 of the Health – General Article; 25
(27) Sells, prescribes, gives away, or administers drugs for illegal or 26
illegitimate medical purposes; 27
(28) Fails to comply with the provisions of § 12–102 of this article; 28
(29) Refuses, withholds from, denies, or discriminates against an individual 29
with regard to the provision of professional services for which the licensee is licensed and 30
qualified to render because the individual is HIV positive; 31
48 HOUSE BILL 1252
(30) Except as to an association that has remained in continuous existence 1
since July 1, 1963: 2
(i) Associates with a pharmacist as a partner or co–owner of a 3
pharmacy for the purpose of operating a pharmacy; 4
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 5
or 6
(iii) Contracts with a pharmacist for the purpose of operating a 7
pharmacy; 8
(31) Except in an emergency life–threatening situation where it is not 9
feasible or practicable, fails to comply with the Centers for Disease Control and 10
Prevention’s guidelines on universal precautions; 11
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 12
subtitle; 13
(33) Fails to cooperate with a lawful investigation conducted by the Board 14
or a disciplinary panel; 15
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 16
Article; 17
(35) Is in breach of a service obligation resulting from the applicant’s or 18
licensee’s receipt of State or federal funding for the licensee’s medical education; 19
(36) Willfully makes a false representation when seeking or making 20
application for licensure or any other application related to the practice of medicine; 21
(37) By corrupt means, threats, or force, intimidates or influences, or 22
attempts to intimidate or influence, for the purpose of causing any person to withhold or 23
change testimony in hearings or proceedings before the Board or a disciplinary panel or 24
those otherwise delegated to the Office of Administrative Hearings; 25
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 26
delays any person from making information available to the Board or a disciplinary panel 27
in furtherance of any investigation of the Board or a disciplinary panel; 28
(39) Intentionally misrepresents credentials for the purpose of testifying or 29
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 30
panel or those otherwise delegated to the Office of Administrative Hearings; 31
(40) Fails to keep adequate medical records as determined by appropriate 32
peer review; 33
HOUSE BILL 1252 49
(41) Performs a cosmetic surgical procedure in an office or a facility that is 1
not: 2
(i) Accredited by: 3
1. The American Association for Accreditation of Ambulatory 4
Surgical Facilities; 5
2. The Accreditation Association for Ambulatory Health 6
Care; or 7
3. The Joint Commission on the Accreditation of Healthcare 8
Organizations; or 9
(ii) Certified to participate in the Medicare program, as enacted by 10
Title XVIII of the Social Security Act; 11
(42) Fails to complete a criminal history records check under [§ 14–308.1] § 12
14–302 of this title; 13
(43) Except for the licensure process described under Subtitle 3A of this title, 14
violates any provision of this title, any rule or regulation adopted by the Board, or any State 15
or federal law pertaining to the practice of medicine; 16
(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 17
AND Subtitle 3 of this title; 18
(45) Fails to comply with § 1–223 of this article; or 19
(46) Fails to comply with the requirements of the Prescription Drug 20
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 21
14–516. 22
THE PUBLIC INDIVIDUAL PR OFILE FOR A LICENSED PHYSICIAN CREATED AN D 23
MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 24
THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 25
THE LICENSEE INCLUDI NG: 26
(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE LI CENSEE 27
ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 28
SCHOOL; 29
(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 30
50 HOUSE BILL 1252
(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 1
RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 2
AMERICAN OSTEOPATHIC ASSOCIATION; 3
(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 4
PRIVILEGES; 5
(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 6
(6) WHETHER THE LICENSEE PARTICIPATES IN TH E MARYLAND 7
MEDICAL ASSISTANCE PROGRAM; 8
(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 9
LIABILITY INSURANCE ; AND 10
(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 11
JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 12
RECENT 10–YEAR PERIOD. 13
14–517. 14
(a) (1) Each hospital and related institution shall submit to the Board a report 15
within 10 days after: 16
(i) The hospital or related institution denied the application of a 17
physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 18
privileges of a physician, or the physician resigned whether or not under formal accusation, 19
if the denial, limitation, reduction, change, termination, or resignation is for reasons that 20
might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 21
(ii) The hospital or related institution took any disciplinary action 22
against a salaried, licensed physician without staff privileges, including termination of 23
employment, suspension, or probation, for reasons that might be grounds for disciplinary 24
action under [§ 14–404] § 14–515 of this subtitle; 25
(iii) A licensed physician voluntarily resigned from the staff, employ, 26
or training program of the hospital or related institution for reasons that might be grounds 27
for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 28
(iv) The hospital or related institution placed any other restrictions 29
or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 30
paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 31
§ 14–515 of this subtitle. 32
14–518. 33 HOUSE BILL 1252 51
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 1
submit to the Board a report within 10 days after: 2
(i) The alternative health system denied the formal application of a 3
physician to contract with the alternative health system or limited, reduced, otherwise 4
changed, or terminated the contract of a physician, or the physician resigned whether or 5
not under formal accusation, if the denial, limitation, reduction, change, termination, or 6
resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 7
14–515 of this subtitle; or 8
(ii) The alternative health system placed any other restrictions or 9
conditions on any licensed physician for any reasons that might be grounds for disciplinary 10
action under [§ 14–404] § 14–515 of this subtitle. 11
14–521. 12
(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 13
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 14
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH. 15
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 16
SECTION INTO THE BOARD OF PHYSICIANS FUND. 17
14–524. 18
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 19
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 20
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 21
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
[(b)] (C) (1) The Board shall investigate any alleged violation of this section 24
or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 25
by injunction or other appropriate proceedings. 26
[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 27
instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 28
SECTION. 29
14–525. 30
52 HOUSE BILL 1252
(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 1
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 2
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 3
(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 4
SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 5
PENALTY OF NOT MORE THAN $100. 6
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 7
SECTION INTO THE BOARD OF PHYSICIANS FUND. 8
14–527. 9
(A) Except as otherwise provided in this title, a person may not practice, attempt 10
to practice, or offer to practice medicine in this State unless licensed by the Board. 11
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 12
PERSON WHO VIOLATES THIS SECTION IS: 13
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 14
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 15
BOTH; AND 16
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 17
BE LEVIED BY A DISCIPLINARY PANEL. 18
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 19
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 20
§ 14–306 OF THIS TITLE IF: 21
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 22
OF THE LICENSE; AND 23
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 24
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 25
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 26
SECTION INTO THE BOARD OF PHYSICIANS FUND. 27
14–528. 28
(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 29
§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 30 HOUSE BILL 1252 53
word to describe the occupation of the individual as in phrases such as “physician’s 1
assistant” or “physician’s aide”. 2
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 3
PERSON WHO VIOLATES THIS SECTION IS: 4
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 5
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 6
BOTH; AND 7
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 8
BE LEVIED BY A DISCI PLINARY PANEL . 9
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 10
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 11
§ 14–306 OF THIS TITLE IF: 12
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 13
OF THE LICENSE; AND 14
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 15
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 16
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 17
SECTION INTO THE BOARD OF PHYSICIANS FUND. 18
14–5A–01. 19
(a) In this subtitle the following words have the meanings indicated. 20
(c) “Committee” means the Respiratory Care [Professional Standards] 21
ADVISORY Committee established under § 14–5A–05 of this subtitle. 22
14–5A–05. 23
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 24
the Board. 25
14–5A–06. 26
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 27
14–5A–09. 28
54 HOUSE BILL 1252
(a) [To qualify for a license, an applicant shall be an individual who meets the 1
requirements of this section. 2
(b) The applicant shall be of good moral character. 3
(c) The applicant shall be at least 18 years old. 4
(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 5
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 6
(1) Meet] MEET any educational, training, or examination requirements 7
established by the Board including: 8
[(i)] (1) Graduation from an appropriate educational program as 9
determined by the Board; and 10
[(ii)] (2) Certification by a national certifying board approved by 11
the Board[; and 12
(2) Demonstrate oral and written competency in English as required by the 13
Board]. 14
[(e) The applicant shall complete a criminal history records check in accordance 15
with § 14–308.1 of this title.] 16
14–5A–17. 17
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 19
license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
suspend or revoke a license, if the [applicant or] licensee: 21
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
the applicant, licensee, or for another; 23
(2) Fraudulently or deceptively uses a license; 24
(3) Is guilty of unprofessional or immoral conduct in the practice of 25
respiratory care; 26
(4) Is professionally, physically, or mentally incompetent; 27
(5) Abandons a patient; 28
(6) Is habitually intoxicated; 29
HOUSE BILL 1252 55
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1
substance as defined in § 5–101 of the Criminal Law Article; 2
(8) Provides professional services while: 3
(i) Under the influence of alcohol; or 4
(ii) Using any narcotic or controlled dangerous substance as defined 5
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
amounts or without valid medical indication; 7
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
patient so as to exploit the patient for financial gain; 9
(10) Willfully makes or files a false report or record in the practice of 10
respiratory care; 11
(11) Willfully fails to file or record any report as required under law, 12
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
to file or record a report; 14
(12) Breaches patient confidentiality; 15
(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
material benefit to any person for bringing or referring a patient or accepts or agrees to 17
accept any sum or any form of remuneration or material benefit from an individual for 18
bringing or referring a patient; 19
(14) Knowingly makes a misrepresentation while practicing respiratory 20
care; 21
(15) Knowingly practices respiratory care with an unauthorized individual 22
or aids an unauthorized individual in the practice of respiratory care; 23
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 24
method, treatment, or medicine; 25
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 26
disciplined by a court of any state or country or is disciplined by any branch of the United 27
States uniformed services or the Veterans’ Administration for an act that would be grounds 28
for disciplinary action under the Board’s disciplinary statutes; 29
(18) Fails to meet appropriate standards for the delivery of respiratory care 30
performed in any inpatient or outpatient facility, office, hospital or related institution, 31
domiciliary care facility, patient’s home, or any other location in this State; 32
56 HOUSE BILL 1252
(19) Knowingly submits false statements to collect fees for which services 1
are not provided; 2
(20) (i) Has been subject to investigation or disciplinary action by a 3
licensing or disciplinary authority or by a court of any state or country for an act that would 4
be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
(ii) Has: 6
1. Surrendered the license issued by the state or country; or 7
2. Allowed the license issued by the state or country to expire 8
or lapse; 9
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 10
of the Family Law Article; 11
(22) Sells, prescribes, gives away, or administers drugs for illegal or 12
illegitimate medical purposes; 13
(23) Practices or attempts to practice beyond the authorized scope of 14
practice; 15
(24) Refuses, withholds from, denies, or discriminates against an individual 16
with regard to the provision of professional services for which the licensee is licensed and 17
qualified to render because the individual is HIV positive; 18
(25) Practices or attempts to practice a respiratory care procedure or uses or 19
attempts to use respiratory care equipment if the applicant or licensee has not received 20
education and training in the performance of the procedure or the use of the equipment; 21
(26) Fails to cooperate with a lawful investigation conducted by the Board 22
or a disciplinary panel; 23
(27) Fails to practice under the supervision of a physician or violates a 24
supervisory order of a supervising physician; or 25
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 26
14–302 of this title. 27
14–5B–05. 28
(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 29
14–5B–07. 30
HOUSE BILL 1252 57
(a) (2) The failure of a licensed physician to properly supervise a licensee is 1
unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 2
of this title. 3
14–5B–09. 4
(a) [To qualify for a license, an applicant shall be an individual who meets the 5
requirements of this section. 6
(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 7
FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 8
TITLE, AN applicant shall[: 9
(1) Be of good moral character; 10
(2) Be at least 18 years old; 11
(3) Demonstrate oral and written competency in English as required by the 12
Board; 13
(4) Meet] MEET any educational, training, or examination requirements 14
established by the Board, including: 15
[(i)] (1) Graduation from an appropriate educational program as 16
determined by the Board; and 17
[(ii)] (2) Certification[; and 18
(5) Complete a criminal history records check in accordance with § 19
14–308.1 of this title]. 20
[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 21
applicant shall: 22
(1) Be issued a general license to perform radiography; 23
(2) Complete an advanced academic program with a nationally recognized 24
radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 25
or graduate degree and incorporates a radiologist–directed clinical preceptorship; 26
(3) Be certified in advanced cardiac life support; and 27
(4) Be certified as a radiologist assistant by the American Registry of 28
Radiologic Technologists. 29
58 HOUSE BILL 1252
[(d)] (C) Except for requirements adopted by the Board for license renewal under 1
[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 2
construed to require an individual who is certified by the Board as a radiation 3
oncology/therapy technologist, medical radiation technologist, or nuclear medicine 4
technologist as of October 1, 2008, to meet additional education, training, or examination 5
requirements. 6
14–5B–11. 7
(a) Licensure as a radiation therapist authorizes an individual to practice 8
radiation therapy IN THE STATE while the license is effective. 9
(b) Licensure as a radiographer authorizes an individual to practice radiography 10
IN THE STATE while the license is effective. 11
(c) Licensure as a nuclear medicine technologist authorizes an individual to 12
practice nuclear medicine technology IN THE STATE while the license is effective. 13
(d) Licensure as a radiologist assistant authorizes an individual to practice 14
radiology assistance IN THE STATE while the license is effective. 15
14–5B–14. 16
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 17
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 18
license to any applicant,] reprimand any licensee, place any licensee on probation, or 19
suspend or revoke a license, if the [applicant or] licensee: 20
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 21
the applicant, licensed individual, or for another; 22
(2) Fraudulently or deceptively uses a license; 23
(3) Is guilty of unprofessional or immoral conduct in the practice of 24
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 25
(4) Is professionally, physically, or mentally incompetent; 26
(5) Abandons a patient; 27
(6) Is habitually intoxicated; 28
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 29
substance as defined in § 5–101 of the Criminal Law Article; 30
(8) Provides professional services while: 31 HOUSE BILL 1252 59
(i) Under the influence of alcohol; or 1
(ii) Using any narcotic or controlled dangerous substance as defined 2
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 3
amounts or without valid medical indication; 4
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 5
patient so as to exploit the patient for financial gain; 6
(10) Willfully makes or files a false report or record in the practice of 7
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 8
(11) Willfully fails to file or record any report as required under law, 9
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 10
to file or record a report; 11
(12) Breaches patient confidentiality; 12
(13) Pays or agrees to pay any sum or provide any form of remuneration or 13
material benefit to any person for bringing or referring a patient or accepts or agrees to 14
accept any sum or any form of remuneration or material benefit from an individual for 15
bringing or referring a patient; 16
(14) Knowingly makes a misrepresentation while practicing radiation 17
therapy, radiography, nuclear medicine technology, or radiology assistance; 18
(15) Knowingly practices radiation therapy, radiography, nuclear medicine 19
technology, or radiology assistance with an unauthorized individual or aids an 20
unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 21
technology, or radiology assistance; 22
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 23
method, treatment, or medicine; 24
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 25
disciplined by a court of any state or country or is disciplined by any branch of the United 26
States uniformed services or the Veterans’ Administration for an act that would be grounds 27
for disciplinary action under the Board’s disciplinary statutes; 28
(18) Fails to meet appropriate standards for the delivery of quality radiation 29
therapy, radiography, nuclear medicine technology, or radiology assistance care performed 30
in any outpatient surgical facility, office, hospital or related institution, or any other 31
location in this State; 32
(19) Knowingly submits false statements to collect fees for which services 33
are not provided; 34 60 HOUSE BILL 1252
(20) (i) Has been subject to investigation or disciplinary action by a 1
licensing or disciplinary authority or by a court of any state or country for an act that would 2
be grounds for disciplinary action under the Board’s disciplinary statutes; and 3
(ii) Has: 4
1. Surrendered the license issued by the state or country; or 5
2. Allowed the license issued by the state or country to expire 6
or lapse; 7
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 8
of the Family Law Article; 9
(22) Sells, prescribes, gives away, or administers drugs for illegal or 10
illegitimate medical purposes; 11
(23) Practices or attempts to practice beyond the authorized scope of 12
practice; 13
(24) Refuses, withholds from, denies, or discriminates against an individual 14
with regard to the provision of professional services for which the licensee is licensed and 15
qualified to render because the individual is HIV positive; 16
(25) Practices or attempts to practice a radiation therapy, radiography, 17
nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 18
radiography, nuclear medicine technology, or radiology assistance equipment if the 19
applicant or licensee has not received education, internship, training, or experience in the 20
performance of the procedure or the use of the equipment; 21
(26) Fails to cooperate with a lawful investigation conducted by the Board 22
or a disciplinary panel; 23
(27) Fails to practice under the supervision of a physician or violates a 24
supervisory order of a supervising physician; or 25
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 26
14–302 of this title. 27
14–5C–01. 28
(a) In this subtitle the following words have the meanings indicated. 29
(c) “Committee” means the Polysomnography [Professional Standards] 30
ADVISORY Committee established under § 14–5C–05 of this subtitle. 31
HOUSE BILL 1252 61
14–5C–05. 1
There is a Polysomnography [Professional Standards] ADVISORY Committee within 2
the Board. 3
14–5C–06. 4
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEM BERS. 5
14–5C–08. 6
(b) This section does not apply to a student enrolled in an education program 7
under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 8
in that program. 9
14–5C–09. 10
[(a) To qualify for a license, an applicant shall be an individual who meets the 11
requirements of this section. 12
(b) The applicant shall: 13
(1) Be of good moral character; 14
(2) Be at least 18 years old; and 15
(3) Complete a criminal history records check in accordance with § 16
14–308.1 of this title. 17
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 18
SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 19
license shall: 20
(1) Have passed the national certifying examination given by the Board of 21
Registered Polysomnographic Technologists or another examination approved by the 22
Board; 23
(2) Submit to the Board pr oof of certification as a registered 24
polysomnographic technologist or other national certification approved by the Board; 25
(3) (i) 1. Have graduated from a polysomnographic educational 26
program that is accredited by the Commission on Accreditation of Allied Health Education 27
Programs; or 28
2. A. Have graduated from a sleep technologist 29
educational program that is accredited by the American Academy of Sleep Medicine; and 30 62 HOUSE BILL 1252
B. Have completed a clinical component of an educational 1
program as established by the Committee and approved by the Board; 2
(ii) 1. Have graduated from a respiratory care educational 3
program that is accredited by the Commission on Accreditation of Allied Health Education 4
Programs; and 5
2. Have completed the Committee on Accred itation for 6
Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 7
Commission on Accreditation of Allied Health Education Programs; or 8
(iii) 1. Have graduated from an electroneuro –diagnostic 9
educational program that is accredited by the Commission on Accreditation of Allied Health 10
Education Programs; and 11
2. Have completed additional units, modules, and courses of 12
instruction focused on polysomnographic technology that are accredited by the Commission 13
on Accreditation of Allied Health Education Programs; and 14
(4) Meet any other educational or clinical requirements established by the 15
Committee and approved by the Board. 16
14–5C–10. 17
[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 18
14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 19
(1) Has passed the national certifying examination by the Board of 20
Registered Polysomnographic Technologists or another examination approved by the 21
Board; 22
(2) Is certified by the Board of Registered Polysomnographic Technologists 23
as a registered polysomnographic technologist; 24
(3) Has submitted an application for licensure to the Board; and 25
(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 26
§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 27
[(b) (1) If an individual has not satisfied the requirements under subsection (a) 28
of this section on or before September 30, 2013, the individual may petition the Board for 29
an extension. 30
(2) The Board shall determine whether to grant an extension under this 31
subsection on a case–by–case basis.] 32 HOUSE BILL 1252 63
14–5C–17. 1
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 2
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 3
license to any applicant,] reprimand any licensee, place any licensee on probation, or 4
suspend or revoke a license, if the [applicant or] licensee: 5
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 6
the applicant, licensee, or for another; 7
(2) Fraudulently or deceptively uses a license; 8
(3) Is guilty of unprofessional or immoral conduct in the practice of 9
polysomnography; 10
(4) Is professionally, physically, or mentally incompetent; 11
(5) Abandons a patient; 12
(6) Is habitually intoxicated; 13
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 14
substance as defined in § 5–101 of the Criminal Law Article; 15
(8) Provides professional services while: 16
(i) Under the influence of alcohol; or 17
(ii) Using any narcotic or controlled dangerous substance as defined 18
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 19
amounts or without valid medical indication; 20
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 21
patient so as to exploit the patient for financial gain; 22
(10) Willfully makes or files a false report or record in the practice of 23
polysomnography; 24
(11) Willfully fails to file or record any report as required under law, 25
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 26
to file or record a report; 27
(12) Breaches patient confidentiality; 28
(13) Pays or agrees to pay any sum or provide any form of remuneration or 29
material benefit to any person for bringing or referring a patient or accepts or agrees to 30 64 HOUSE BILL 1252
accept any sum or any form of remuneration or material benefit from an individual for 1
bringing or referring a patient; 2
(14) Knowingly makes a misrepresentation while practicing 3
polysomnography; 4
(15) Knowingly practices polysomnography with an unauthorized individual 5
or aids an unauthorized individual in the practice of polysomnography; 6
(16) Knowingly delegates a polysomnographic duty to an unlicensed 7
individual; 8
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 9
method, treatment, or medicine; 10
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 11
disciplined by a court of any state or country or is disciplined by any branch of the United 12
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 13
be grounds for disciplinary action under the Board’s disciplinary statutes; 14
(19) Fails to meet appropriate standards for the delivery of 15
polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 16
center; 17
(20) Knowingly submits false statements to collect fees for which services 18
are not provided; 19
(21) (i) Has been subject to investigation or disciplinary action by a 20
licensing or disciplinary authority or by a court of any state or country for an act that would 21
be grounds for disciplinary action under the Board’s disciplinary statutes; and 22
(ii) Has: 23
1. Surrendered the license, if any, issued by the state or 24
country; or 25
2. Allowed the license, if any, issued by the state or country 26
to expire or lapse; 27
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 28
of the Family Law Article; 29
(23) Sells, prescribes, gives away, or administers drugs for illegal or 30
illegitimate medical purposes; 31
(24) Practices or attempts to practice beyond the authorized scope of 32
practice; 33 HOUSE BILL 1252 65
(25) Refuses, withholds from, denies, or discriminates against an individual 1
with regard to the provision of professional services for which the licensee is licensed and 2
qualified to render because the individual is HIV positive; 3
(26) Practices or attempts to practice a polysomnography procedure or uses 4
or attempts to use polysomnography equipment if the applicant or licensee has not received 5
education and training in the performance of the procedure or the use of the equipment; 6
(27) Fails to cooperate with a lawful investigation conducted by the Board; 7
or 8
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 9
14–302 of this title. 10
14–5D–05. 11
(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 12
14–5D–07. 13
(b) This section does not apply to: 14
(1) An individual employed by the federal government as an athletic 15
trainer while the individual is practicing within the scope of that employment; 16
(2) An individual employed by or under contract with an entity located in 17
another state who represents that entity: 18
(i) At an athletic event in the State; 19
(ii) For a period of time not to exceed 45 days within a calendar year; 20
and 21
(iii) By providing athletic training services to individuals 22
representing the entity at the event; or 23
(3) A student enrolled in an education program that meets the criteria of 24
[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 25
educational experience of athletic training. 26
14–5D–08. 27
[(a) To qualify for a license, an applicant shall be an individual who meets the 28
requirements of this section. 29
(b) The applicant shall: 30 66 HOUSE BILL 1252
(1) Be of good moral character; 1
(2) Be at least 18 years old; and 2
(3) Complete a criminal history records check in accordance with § 3
14–308.1 of this title.] 4
[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 5
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 6
(1) Have a current certification by a national certifying board approved by 7
the Board; AND 8
(2) Have received a bachelor’s or master’s degree from an athletic training 9
educational program that is accredited by the Commission on Accreditation of Athletic 10
Training Education or its successor[; 11
(3) Demonstrate oral and written competency in English as required by the 12
Board; and 13
(4) Meet any other requirements established by the Board]. 14
[(d)] (B) The Board shall waive the education requirements under this section if 15
an individual was certified by the National Athletic Trainers’ Association Board of 16
Certification, Inc., on or before October 1, 2012, and is currently in good standing. 17
14–5D–10. 18
(a) An athletic trainer license authorizes the licensee to practice athletic training 19
services IN THE STATE while the license is effective. 20
14–5D–14. 21
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 23
license to any applicant,] reprimand any licensee, place any licensee on probation, or 24
suspend or revoke a license, if the [applicant or] licensee: 25
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
the applicant, licensee, or for another; 27
(2) Fraudulently or deceptively uses a license; 28
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 29
training; 30 HOUSE BILL 1252 67
(4) Is professionally, physically, or mentally incompetent; 1
(5) Abandons a patient; 2
(6) Habitually is intoxicated; 3
(7) Is addicted to, or habitually abuses, any narcotic or controlled 4
dangerous substance as defined in § 5–101 of the Criminal Law Article; 5
(8) Provides professional services while: 6
(i) Under the influence of alcohol; or 7
(ii) Using any narcotic or controlled dangerous substance as defined 8
in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 9
amounts or without valid medical indication; 10
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 11
patient so as to exploit the patient for financial gain; 12
(10) Willfully makes or files a false report or record in the practice of athletic 13
training; 14
(11) Willfully fails to file or record any report as required under law, 15
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 16
to file or record the report; 17
(12) Breaches patient confidentiality; 18
(13) Pays or agrees to pay any sum or provide any form of remuneration or 19
material benefit to any individual for bringing or referring a patient or accepts or agrees to 20
accept any sum or any form of remuneration or material benefit from an individual for 21
bringing or referring a patient; 22
(14) Knowingly makes a misrepresentation while practicing athletic 23
training; 24
(15) Knowingly practices athletic training with an unauthorized individual 25
or aids an unauthorized individual in the practice of athletic trainer services; 26
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 27
method, treatment, or medicine; 28
(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 29
convicted or disciplined by a court of any state or country or is disciplined by any branch of 30 68 HOUSE BILL 1252
the United States uniformed services or the Veterans Administration for an act that would 1
be grounds for disciplinary action under this section; 2
(18) Fails to meet appropriate standards for the delivery of athletic training 3
services; 4
(19) Knowingly submits false statements to collect fees for which services 5
have not been provided; 6
(20) (i) Has been subject to investigation or disciplinary action by a 7
licensing or disciplinary authority or by a court of any state or country for an act that would 8
be grounds for disciplinary action under the Board’s disciplinary statutes; and 9
(ii) Has: 10
1. Surrendered the license issued by the state or country; or 11
2. Allowed the license issued by the state or country to expire 12
or lapse; 13
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 14
of the Family Law Article; 15
(22) Sells, prescribes, gives away, or administers drugs for illegal or 16
illegitimate medical purposes; 17
(23) Practices or attempts to practice beyond the authorized scope of 18
practice; 19
(24) Refuses, withholds from, denies, or discriminates against an individual 20
with regard to the provision of professional services for which the licensee is licensed and 21
qualified to render because the individual is HIV positive; 22
(25) Practices or attempts to practice an athletic training procedure or uses 23
or attempts to use athletic training equipment if the applicant or licensee has not received 24
education and training in the performance of the procedure or the use of the equipment; 25
(26) Fails to cooperate with a lawful investigation conducted by the Board 26
or a disciplinary panel; 27
(27) Fails to practice under the supervision of a physician or violates the 28
approved evaluation and treatment protocol; 29
(28) Violates an order of the Board or a disciplinary panel, including any 30
condition of probation; or 31
HOUSE BILL 1252 69
(29) Fails to complete a criminal history records check under [§ 14–308.1] § 1
14–302 of this title. 2
14–5E–01. 3
(a) In this subtitle the following words have the meanings indicated. 4
(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 5
14–5E–09 of this subtitle, is: 6
(1) Enrolled in an accredited educational program to qualify for a license 7
under this subtitle; and 8
(2) Performing perfusion services within the accredited program under the 9
supervision of a licensed perfusionist and without compensation. 10
14–5E–06. 11
(E) A QUORUM OF THE COMMITTEE C ONSISTS OF FOUR MEMB ERS. 12
14–5E–08. 13
(b) This section does not apply to a student enrolled in an education program 14
under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 15
program. 16
14–5E–09. 17
[(a) To qualify for a license, an applicant shall be an individual who meets the 18
requirements of this section. 19
(b) The applicant shall: 20
(1) Be of good moral character; 21
(2) Be at least 18 years old; and 22
(3) Complete a criminal history records check in accordance with § 23
14–308.1 of this title. 24
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 25
UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 26
(1) (i) Submit to the Board satisfactory evidence of certification as a 27
certified perfusionist or other national certification approved by the Board; and 28
70 HOUSE BILL 1252
(ii) Meet any other educational or clinical requirements established 1
by the Committee and approved by the Board; or 2
(2) (i) Submit to the Board satisfactory evidence of graduation from a 3
perfusion educational program that is accredited by the Commission on Accreditation of 4
Allied Health Education Programs, or the Commission’s predecessor or successor; and 5
(ii) Meet any other educational or clinical requirements established 6
by the Committee and approved by the Board. 7
14–5E–10. 8
(a) Except as provided in subsection (b) of this section, an applicant who 9
otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 10
entitled to be licensed for a single 2–year term before taking the national certifying 11
examination given by the American Board of Cardiovascular Perfusion or its successor 12
organization or another examination given or approved by the Board. 13
14–5E–13. 14
[(a) (1) A license expires on a date set by the Board, unless the license is 15
renewed for an additional term as provided in this section. 16
(2) The term of a license issued by the Board may not exceed 3 years. 17
(b) At least 1 month before a license expires, the Board shall send to the licensed 18
perfusionist a renewal notice that states: 19
(1) The date on which the current license expires; 20
(2) The date by which the renewal application must be received by the 21
Board for the renewal to be issued and sent before the license expires; 22
(3) The amount of the renewal fee; and] 23
[(4)] (A) For licensees who qualified for an initial license under [§ 24
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 25
LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 26
the licensee must submit satisfactory evidence of a passing score on the examination as 27
required under subsection [(c)(2)] (B) of this section. 28
[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 29
the licensed perfusionist periodically may renew it for an additional term, if the licensee: 30
(i) Otherwise is entitled to be licensed; 31
HOUSE BILL 1252 71
(ii) Is of good moral character; 1
(iii) Pays to the Board a renewal fee set by the Board; and 2
(iv) Except as provided in paragraph (2) of this subsection, submits 3
to the Board: 4
1. A renewal application on the form that the Board requires; 5
and 6
2. Satisfactory evidence of compliance with any continuing 7
education or competency requirements and other requirements set under this section for 8
license renewal.] 9
[(2)] (B) A licensee who qualified for an initial license under [§ 10
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 11
evidence of a passing score on the national certifying examination given by the American 12
Board of Cardiovascular Perfusion or its successor organization or another examination 13
given or approved by the Board. 14
[(d) In addition to any other qualifications and requirements established by the 15
Board, the Board shall establish continuing education or competency requirements as a 16
condition of the renewal of a license under this section.] 17
[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 18
requirements of this section AND § 14–306 OF THIS TITLE. 19
(2) The Board may not renew the license of a licensee who fails to submit 20
satisfactory evidence of a passing score on the examination as required under subsection 21
[(c)(2)] (B) of this section. 22
[(f) The Board shall reinstate the license of an individual who has failed to renew 23
the license for any reason if the individual: 24
(1) Applies for reinstatement after the date the license expires; 25
(2) Meets the renewal requirements of this section; and 26
(3) Pays to the Board the reinstatement fee set by the Board. 27
(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 28
records check in accordance with § 14–308.1 of this title for: 29
(i) Renewal applicants as determined by regulations adopted by the 30
Board; and 31
72 HOUSE BILL 1252
(ii) Each former licensee who files for reinstatement under 1
subsection (f) of this section. 2
(2) On receipt of the criminal history record information of a licensee 3
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 4
disciplinary action should be taken, based on the criminal history record information, 5
against a licensee who renewed or reinstated a license, the Board shall consider: 6
(i) The age at which the crime was committed; 7
(ii) The nature of the crime; 8
(iii) The circumstances surrounding the crime; 9
(iv) The length of time that has passed since the crime; 10
(v) Subsequent work history; 11
(vi) Employment and character references; and 12
(vii) Other evidence that demonstrates whether the licensee poses a 13
threat to the public health or safety. 14
(3) The Board may renew or reinstate a license only if the licensee or 15
applicant attests that the licensee or applicant has submitted to a criminal history records 16
check under § 14–308.1 of this title. 17
(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 18
education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 19
for failure of a licensee to obtain the continuing education credits required by the Board.] 20
14–5E–14. 21
[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 22
name or address within 60 days after the change. 23
(2) A licensed perfusionist who fails to comply with the requirements of 24
paragraph (1) of this subsection is subject to an administrative penalty of $100.] 25
[(b)] Each licensed perfusionist shall: 26
(1) Keep a copy of the license in the licensee’s employment file; and 27
(2) Make the license available for inspection on request. 28
14–5E–16. 29
HOUSE BILL 1252 73
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 2
license to any applicant,] reprimand any licensee, place any licensee on probation, or 3
suspend or revoke a license, if the [applicant or] licensee: 4
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 5
the applicant or licensee or for another; 6
(2) Fraudulently or deceptively uses a license; 7
(3) Is guilty of unprofessional or immoral conduct in the practice of 8
perfusion; 9
(4) Is professionally, physically, or mentally incompetent; 10
(5) Abandons a patient; 11
(6) Is habitually intoxicated; 12
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 13
substance as defined in § 5–101 of the Criminal Law Article; 14
(8) Provides professional services while: 15
(i) Under the influence of alcohol; or 16
(ii) Using any narcotic or controlled dangerous substance as defined 17
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 18
amounts or without valid medical indication; 19
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 20
patient so as to exploit the patient for financial gain; 21
(10) Willfully makes or files a false report or record in the practice of 22
perfusion; 23
(11) Willfully fails to file or record any report as required under law, 24
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 25
to file or record a report; 26
(12) Breaches patient confidentiality; 27
(13) Pays or agrees to pay any sum or provide any form of remuneration or 28
material benefit to any person for bringing or referring a patient or accepts or agrees to 29
accept any sum or any form of remuneration or material benefit from an individual for 30
bringing or referring a patient; 31
74 HOUSE BILL 1252
(14) Knowingly makes a misrepresentation while practicing perfusion; 1
(15) Knowingly practices perfusion with an unauthorized individual or aids 2
an unauthorized individual in the practice of perfusion; 3
(16) Knowingly delegates a perfusion duty to an unlicensed individual; 4
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 5
method, treatment, or medicine; 6
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 7
disciplined by a court of any state or country or is disciplined by any branch of the United 8
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 9
be grounds for disciplinary action under the Board’s disciplinary statutes; 10
(19) Fails to meet appropriate standards for the delivery of perfusion 11
services; 12
(20) Knowingly submits false statements to collect fees for which services 13
are not provided; 14
(21) (i) Has been subject to investigation or disciplinary action by a 15
licensing or disciplinary authority or by a court of any state or country for an act that would 16
be grounds for disciplinary action under the Board’s disciplinary statutes; and 17
(ii) Has: 18
1. Surrendered the license, if any, issued by the state or 19
country; or 20
2. Allowed the license, if any, issued by the state or country 21
to expire or lapse; 22
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 23
of the Family Law Article; 24
(23) Sells, prescribes, gives away, or administers drugs for illegal or 25
illegitimate medical purposes; 26
(24) Practices or attempts to practice beyond the authorized scope of 27
practice; 28
(25) Refuses, withholds from, denies, or discriminates against an individual 29
with regard to the provision of professional services for which the licensee is licensed and 30
qualified to render because the individual is HIV positive; 31
HOUSE BILL 1252 75
(26) Practices or attempts to practice a perfusion procedure or uses or 1
attempts to use perfusion equipment if the applicant or licensee has not received education 2
and training in the performance of the procedure or the use of the equipment; 3
(27) Fails to cooperate with a lawful investigation of the Board or a 4
disciplinary panel; or 5
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 6
14–302 of this title. 7
14–5F–07. 8
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 9
14–5F–11. 10
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 11
TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 12
requirements of this section. 13
(b) The applicant shall be of good moral character. 14
(c) The] applicant shall be at least 21 years old. 15
[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 16
(1) Have a doctorate in naturopathic medicine from an approved 17
naturopathic medical program; and 18
(2) Pass the competency –based national naturopathic licensing 19
examination Part I and Part II administered by the North American Board of Naturopathic 20
Examiners, or its successor agency that has been nationally recognized to administer a 21
naturopathic examination that represents federal standards of education and training. 22
[(e)] (C) An applicant shall be physically and mentally capable of safely 23
practicing naturopathic medicine with or without reasonable accommodation. 24
[(f)] (D) If an applicant is licensed, certified, or registered to practice 25
naturopathic medicine or any other health occupation in another state, the applicant shall 26
be in good standing with the applicable state licensing, certification, or registration 27
authority. 28
[(g) An applicant shall complete a criminal history records check in accordance 29
with § 14–308.1 of this title.] 30
14–5F–12. 31 76 HOUSE BILL 1252
To apply for a license, an applicant shall: 1
[(1) Complete a criminal history records check in accordance with § 2
14–308.1 of this title; 3
(2) Submit an application to the Board on a form that the Board requires; 4
(3) Pay to the Board an application fee set by the Board;] 5
[(4)] (1) If the applicant has been licensed, certified, or registered to 6
practice naturopathic medicine in another state, submit all evidence relating to: 7
(i) Any disciplinary action taken or any administrative penalties 8
assessed against the applicant by the appropriate state licensing, certification, or 9
registration authority; and 10
(ii) Any consent agreements the applicant entered into that contain 11
conditions placed on the applicant’s professional conduct and practice, including any 12
voluntary surrender of a license; 13
[(5)] (2) Complete and submit to the Board a Board–approved written 14
attestation that: 15
(i) States that the applicant has a collaboration and consultation 16
agreement with a physician licensed under this article; 17
(ii) Includes the name and license number of the physician with 18
whom the applicant has a collaboration and consultation agreement; 19
(iii) States that the applicant will refer patients to and consult with 20
physicians and other health care providers licensed or certified under this article as needed; 21
and 22
(iv) States that the applicant will require patients to sign a consent 23
form that states that the applicant’s practice of naturopathic medicine is limited to the 24
scope of practice identified in § 14–5F–14 of this subtitle; and 25
[(6)] (3) Inform the physician named in the attestation that the physician 26
has been named. 27
14–5F–15. 28
[(a) (1) The term of a license issued by the Board may not exceed 3 years. 29
HOUSE BILL 1252 77
(2) A license expires on a date set by the Board, unless the license is 1
renewed as provided in this section. 2
(b) At least 1 month before the license expires, the Board shall send to the licensee 3
a renewal notice that states: 4
(1) The date on which the current license expires; 5
(2) The date by which the renewal application must be received by the 6
Board for the renewal to be issued and mailed before the license expires; and 7
(3) The amount of the renewal fee. 8
(c) The Board shall renew the license of a licensee who: 9
(1) Submits a renewal application on the form that the Board requires; 10
(2) Is of good moral character; 11
(3) Pays a renewal fee set by the Board; 12
(4) Is otherwise entitled to be licensed; 13
(5) Meets the continuing education requirements adopted by the Board; 14
and 15
(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 16
REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 17
evidence of biennial cardiopulmonary resuscitation certification. 18
[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 19
records check in accordance with § 14–308.1 of this title for: 20
(i) Renewal applicants as determined by regulations adopted by the 21
Board; and 22
(ii) Each former licensee who files for reinstatement under § 23
14–5F–16(b) of this subtitle. 24
(2) On receipt of the criminal history record information of a licensee 25
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 26
disciplinary action should be taken, based on the criminal history record information, 27
against a licensee who renewed or reinstated a license, the Board shall consider: 28
(i) The age at which the crime was committed; 29
(ii) The nature of the crime; 30 78 HOUSE BILL 1252
(iii) The circumstances surrounding the crime; 1
(iv) The length of time that has passed since the crime; 2
(v) Subsequent work history; 3
(vi) Employment and character references; and 4
(vii) Other evidence that demonstrates whether the licensee poses a 5
threat to the public health or safety. 6
(3) The Board may renew or reinstate a license only if the licensee or 7
applicant attests that the licensee or applicant has submitted to a criminal history records 8
check under § 14–308.1 of this title. 9
(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 10
education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 11
for failure of a licensee to obtain the continuing education credits required by the Board.] 12
14–5F–16. 13
(a) [(1)] The Board may place a licensee on inactive status if the licensee 14
submits to the Board: 15
[(i)] (1) An application for inactive status on the form required by 16
the Board; and 17
[(ii)] (2) The inactive status fee set by the Board. 18
[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 19
on inactive status if the individual is otherwise entitled to be licensed under this subtitle 20
and submits to the Board: 21
[(i)] (1) Satisfactory evidence of compliance with the requirements 22
of [§ 14–308.1] § 14–302 of this title; 23
[(ii)] (2) Satisfactory evidence of compliance with the continuing 24
education requirements the Board adopts for this purpose; and 25
[(iii)] (3) A reinstatement fee set by the Board. 26
[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 27
to renew the license for any reason if the naturopathic doctor: 28
(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 29 HOUSE BILL 1252 79
(2) Pays to the Board a reinstatement fee set by the Board; and 1
(3) Submits to the Board satisfactory evidence of compliance with the 2
qualifications and requirements adopted by the Board under this subtitle for license 3
reinstatements.] 4
14–5F–18. 5
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 7
license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
suspend or revoke a license of any licensee if the [applicant or] licensee: 9
(1) Is habitually intoxicated, or is addicted to or habitually abuses any 10
narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 11
Article, or any drug without a valid prescription or indication, or provides professional 12
services while under the influence of alcohol or using any narcotic or controlled dangerous 13
substance, as defined in § 5–101 of the Criminal Law Article; 14
(2) Has been found to be mentally incompetent by a physician if the mental 15
incompetence impairs the ability of the applicant or licensee to undertake the practice of 16
naturopathic medicine in a manner consistent with the safety of the public; 17
(3) Has entered into a consent agreement with or has been assessed an 18
administrative penalty by a licensing authority in another state; 19
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 20
license for the applicant, the licensee, or another; 21
(5) Has a license revoked or suspended, or was otherwise acted against, 22
including the denial of licensure, by the licensing authority of another state; 23
(6) Uses false, deceptive, or misleading advertising; 24
(7) Advertises, practices, or attempts to practice under a name other than 25
the applicant’s or licensee’s own name; 26
(8) Aids, assists, employs, or advises any unlicensed individual to practice 27
naturopathic medicine in violation of this subtitle; 28
(9) Willfully makes or files a false report or record in the practice of 29
naturopathic medicine; 30
(10) Willfully or negligently fails to file a report or record as required by law, 31
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 32
to file or record a report; 33 80 HOUSE BILL 1252
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 1
in any split–fee arrangement in any form with a licensed physician, organization, agency, 2
or other person, either directly or indirectly, for patients referred to health care providers; 3
(12) Exercises influence within a patient–doctor relationship for purposes of 4
engaging a patient in sexual activity; 5
(13) Engages in sexual misconduct with a patient; 6
(14) Fails to keep written medical records justifying the course of treatment 7
of a patient; 8
(15) Engages in an act or omission that does not meet generally accepted 9
standards of practice of naturopathic medicine or of safe care of patients, whether or not 10
actual injury to a patient is established; 11
(16) Delegates professional responsibilities to an individual when the 12
licensee delegating the responsibilities knows or has reason to know that the individual is 13
not qualified by training, experience, or licensure to perform the responsibilities; 14
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 15
patient so as to exploit the patient for financial gain; 16
(18) Breaches patient confidentiality; 17
(19) Is guilty of unprofessional or immoral conduct in the practice of 18
naturopathic medicine; 19
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 20
method, treatment, or medicine; 21
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 22
of the Family Law Article; 23
(22) Sells, prescribes, gives away, or administers drugs for illegal or 24
illegitimate purposes; 25
(23) Denies or discriminates against an individual with regard to the 26
provision of professional services for which the licensee is licensed and qualified to render 27
because the individual is HIV positive; 28
(24) Fails to cooperate with a lawful investigation of the Board; 29
(25) Abandons a patient; 30
HOUSE BILL 1252 81
(26) Violates any provision of this title or any regulation adopted by the 1
Board; or 2
(27) Fails to complete a criminal history records check under [§ 14–308.1] § 3
14–302 of this title. 4
14–5F–21. 5
[(a) The Board shall give notice and hold a hearing in accordance with the 6
Administrative Procedure Act. 7
(b) The individual may be represented at the hearing by counsel. 8
(c) Over the signature of an officer or the administrator of the Board, the Board 9
or a disciplinary panel may issue subpoenas and administer oaths in connection with any 10
investigation under this subtitle and any hearings or proceedings before the Board or a 11
disciplinary panel. 12
(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 13
disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 14
testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 15
may punish the person as for contempt of court. 16
(e) If, after due notice, the individual against whom the action is contemplated 17
fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 18
matter. 19
(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 20
PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 21
individual shall pay the costs of the hearing as specified in a regulation adopted by the 22
Board. 23
14–5F–24. 24
(c) A disciplinary panel may not reinstate a surrendered or revoked license that 25
has been surrendered or revoked for a period of more than 1 year unless the licensee: 26
(1) Meets the requirements for reinstatement as established under this 27
title; and 28
(2) Completes a criminal history records check in accordance with [§ 29
14–308.1] § 14–302 of this title. 30
14–5G–09. 31
82 HOUSE BILL 1252
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 1
individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 2
(b) [The applicant must be of good moral character. 3
(c) The applicant must be at least 18 years old. 4
(d)] The applicant must be a graduate of an appropriate education program 5
approved by the Board. 6
[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 7
shall submit to the Board satisfactory evidence of certification by a national certifying 8
organization approved by the Board. 9
[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 10
(C) of this section, the applicant may qualify for licensure if the applicant: 11
(1) Has worked as a genetic counselor for: 12
(i) At least 10 years before January 1, 2024; and 13
(ii) At least 5 consecutive years immediately preceding the date on 14
which the applicant submits the application for licensure; 15
(2) Has graduated from an education program approved by the Board; 16
(3) Submits to the Board three letters of recommendation from licensed 17
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 18
for licensure and who: 19
(i) Have worked with the applicant in an employment or 20
professional setting for 3 years before the applicant submits the application for licensure; 21
and 22
(ii) Can attest to the applicant’s competency in providing genetic 23
counseling services; and 24
(4) Applies for initial licensure on or before December 31, 2024. 25
[(g) The applicant shall complete a criminal history records check in accordance 26
with § 14–308.1 of this title.] 27
[(h)] (E) The applicant shall meet any additional education, training, or 28
examination requirements established by the Board. 29
14–5G–14. 30 HOUSE BILL 1252 83
(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 1
14–5G–18 of this subtitle to the same extent as a genetic counselor. 2
14–5G–17. 3
A disciplinary panel may issue a cease and desist order for[: 4
(1) Practicing genetic counseling without a license or with an unauthorized 5
person; or 6
(2) Supervising] SUPERVISING or aiding an unauthorized person in the 7
practice of genetic counseling. 8
14–5G–18. 9
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 11
license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
suspend or revoke a license, if the [applicant or] licensee: 13
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 14
the applicant or licensee or for another; 15
(2) Fraudulently or deceptively uses a license; 16
(3) Is guilty of unprofessional or immoral conduct while practicing genetic 17
counseling; 18
(4) Is professionally, physically, or mentally incompetent; 19
(5) Abandons a patient; 20
(6) Is habitually intoxicated; 21
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
substance as defined in § 5–101 of the Criminal Law Article; 23
(8) Provides professional services while: 24
(i) Under the influence of alcohol; or 25
(ii) Using any narcotic or controlled dangerous substance as defined 26
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
amounts or without valid medical indication; 28
84 HOUSE BILL 1252
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 1
patient so as to exploit the patient for financial gain; 2
(10) Willfully makes or files a false report or record in the practice of genetic 3
counseling; 4
(11) Willfully fails to file or record any report as required under law, 5
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
to file or record a report; 7
(12) Breaches patient confidentiality; 8
(13) Pays or agrees to pay any sum or provide any form of remuneration or 9
material benefit to any person for bringing or referring a patient or accepts or agrees to 10
accept any sum or any form of remuneration or material benefit from an individual for 11
bringing or referring a patient; 12
(14) Knowingly makes a misrepresentation while practicing genetic 13
counseling; 14
(15) Knowingly practices genetic counseling with an unauthorized 15
individual or aids an unauthorized individual in practicing genetic counseling; 16
(16) Knowingly delegates a genetic counseling duty to an unlicensed 17
individual; 18
(17) Grossly overutilizes health care services; 19
(18) Offers, undertakes, or agrees to cure or treat disease by a secret 20
method, treatment, or medicine; 21
(19) Is disciplined by a licensing or disciplinary authority or is convicted or 22
disciplined by a court of any state or country or is disciplined by any branch of the United 23
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 24
be grounds for disciplinary action under the Board’s disciplinary statutes; 25
(20) Fails to meet appropriate standards for the delivery of genetic 26
counseling services; 27
(21) Knowingly submits false statements to collect fees for which services 28
are not provided; 29
(22) (i) Has been subject to investigation or disciplinary action by a 30
licensing or disciplinary authority or by a court of any state or country for an act that would 31
be grounds for disciplinary action under the Board’s disciplinary statutes; and 32
(ii) Has: 33 HOUSE BILL 1252 85
1. Surrendered the license, if any, issued by the state or 1
country; or 2
2. Allowed the license, if any, issued by the state or country 3
to expire or lapse; 4
(23) Knowingly fails to report suspected child abuse in violation of § 5–704 5
of the Family Law Article; 6
(24) Practices or attempts to practice beyond the authorized scope of 7
practice; 8
(25) Refuses, withholds from, denies, or discriminates against an individual 9
with regard to the provision of professional services for which the licensee is licensed and 10
qualified to render because the individual is HIV positive; 11
(26) Practices or attempts to practice genetic counseling procedures or uses 12
or attempts to use genetic assessments if the applicant or licensee has not received 13
education and training in the performance of the procedure or the use of the genetic 14
assessment; 15
(27) Fails to cooperate with a lawful investigation of the Board or a 16
disciplinary panel; 17
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
14–302 of this title; or 19
(29) Violates any provision of this title or any rule or regulation pertaining 20
to genetic counseling that is adopted by the Board, the State, or the federal government. 21
SUBTITLE 5H. PHYSICIAN ASSISTANTS. 22
14–5H–01. 23
(a) In this title the following words have the meanings indicated. 24
[(d) “Board” means the State Board of Physicians, established under § 14–201 of 25
this article.] 26
[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 27
[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 28
of the Criminal Law Article. 29
[(g)] (F) “Correctional facility” includes a State or local correctional facility. 30 86 HOUSE BILL 1252
[(h)] (G) “Delegated medical acts” means activities that constitute the practice 1
of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 2
[(i)] (H) “Delegation agreement” means a document that is executed by a 3
primary supervising physician and a physician assistant containing the requirements of [§ 4
15–302] § 14–5H–08 of this [title] SUBTITLE. 5
[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 6
under § 14–401 of this article.] 7
[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 8
article. 9
[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 10
promote the sale of the drug and is not intended for sale. 11
[(l)] (K) “Hospital” means: 12
(1) A hospital as defined under § 19–301 of the Health – General Article; 13
(2) A comprehensive care facility that: 14
(i) Meets the requirements of a hospital–based skilled nursing 15
facility under federal law; and 16
(ii) Offers acute care in the same building; and 17
(3) An emergency room that is physically connected to a hospital or a 18
freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 19
General Article. 20
[(m)] (L) “License” means a license issued by the Board to a physician assistant 21
under this title. 22
[(n)] (M) “National certifying examination” means the Physician Assistant 23
National Certifying Examination administered by the N ational Commission on 24
Certification of Physician Assistants or its successor. 25
[(o)] (N) “Physician assistant” means an individual who is licensed under this 26
title to practice medicine with physician supervision. 27
[(p)] (O) “Practice as a physician assistant” means the performance of medical 28
acts that are: 29
(1) Delegated by a supervising physician to a physician assistant; 30 HOUSE BILL 1252 87
(2) Within the supervising physician’s scope of practice; and 1
(3) Appropriate to the physician assistant’s education, training, and 2
experience. 3
[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 4
alternate supervising physician to a physician assistant to: 5
(1) Prescribe and administer controlled dangerous substances, prescription 6
drugs, medical devices, and the oral, written, or electronic ordering of medications; and 7
(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 8
14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 9
[(r)] (Q) “Primary supervising physician” means a physician who: 10
(1) Completes a delegation agreement that meets the requirements under 11
[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 12
SUBTITLE and files a copy with the Board; 13
(2) Acts as the physician responsible to ensure that a physician assistant 14
practices medicine in accordance with this title and the regulations adopted under this title; 15
(3) Ensures that a physician assistant practices within the scope of practice 16
of the primary supervising physician or any designated alternate supervising physician; 17
and 18
(4) Ensures that a list of alternate supervising physicians is maintained at 19
the practice setting. 20
[(s)] (R) “Public health facility” means a site where clinical public health 21
services are rendered under the auspices of the Department, a local health department in 22
a county, or the Baltimore City Health Department. 23
[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 24
(1) Of short duration of 72 hours or less; or 25
(2) Prior to obtaining a larger quantity of the drug to complete therapy. 26
[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 27
on–site supervision or immediately available direction for physician assistants performing 28
delegated medical acts. 29
88 HOUSE BILL 1252
(2) “Supervision” includes physician oversight of and acceptance of direct 1
responsibility for the patient services and care rendered by a physician assistant, including 2
continuous availability to the physician assistant in person, through written instructions, 3
or by electronic means and by designation of one or more alternate supervising physicians. 4
14–5H–02. 5
[(a)] A physician assistant may not practice within the scope of practice of any of 6
the following health occupations authorized under this article: 7
(1) Nursing; 8
(2) Optometry; 9
(3) Physical therapy; or 10
(4) Psychology. 11
[(b) This title does not limit the right of an individual to practice a health 12
occupation that the individual is authorized to practice under this article.] 13
14–5H–03. 14
(c) Except as otherwise provided under subsections (b) and (d) of this section, a 15
hospital, a related institution, an alternative health care system, or an employer of a 16
physician assistant shall report to the Board any limitation, reduction, or other change of 17
the terms of employment of the physician assistant or any termination of employment of 18
the physician assistant for any reason that might be grounds for disciplinary action under 19
[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 20
(d) A hospital, related institution, alternative health system, or employer that has 21
reason to know that a physician assistant has committed an action or has a condition that 22
might be grounds for reprimand or probation of the physician assistant or suspension or 23
revocation of the license of the physician assistant under [§ 15–314] § 14–5H–16 of this 24
[title] SUBTITLE because the physician assistant is alcohol– or drug–impaired is not 25
required to report to the Board if: 26
(1) The hospital, related institution, alternative health system, or 27
employer knows that the physician assistant is: 28
(i) In an alcohol or drug treatment program that is accredited by the 29
Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 30
Department; or 31
(ii) Under the care of a health care practitioner who is competent 32
and capable of dealing with alcoholism and drug abuse; 33 HOUSE BILL 1252 89
(2) The hospital, related institution, alternative health system, or 1
employer is able to verify that the physician assistant remains in the treatment program 2
until discharge; and 3
(3) The action or condition of the physician assistant has not caused injury 4
to any person while the physician assistant is practicing as a licensed physician assistant. 5
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 6
or drug treatment program that is accredited by the Joint Commission [on Accreditation of 7
Healthcare Organizations] or that is certified by the Department, the physician assistant 8
shall notify the hospital, related institution, alternative health system, or employer of the 9
physician assistant’s decision to enter the treatment program. 10
14–5H–06. 11
(a) In addition to the powers set forth elsewhere in this title, the Committee, on 12
its initiative or on the Board’s request, may: 13
(1) Recommend to the Board regulations for carrying out the provisions of 14
this title; 15
(2) Recommend to the Board approval, modification, or disapproval of an 16
application for licensure or a delegation agreement; 17
(3) Report to the Board any conduct of a supervising physician or a 18
physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 19
or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 20
(4) Report to the Board any alleged unauthorized practice of a physician 21
assistant. 22
14–5H–07. 23
(c) Patient services that may be provided by a physician assistant include: 24
(1) (i) Taking complete, detailed, and accurate patient histories; and 25
(ii) Reviewing patient records to develop comprehensive medical 26
status reports; 27
(2) Performing physical examinations and recording all pertinent patient 28
data; 29
90 HOUSE BILL 1252
(3) Interpreting and evaluating patient data as authorized by the primary 1
or alternate supervising physician for the purpose of determining management and 2
treatment of patients; 3
(4) Initiating requests for or performing diagnostic procedures as indicated 4
by pertinent data and as authorized by the supervising physician; 5
(5) Providing instructions and guidance regarding medical care matters to 6
patients; 7
(6) Assisting the primary or alternate supervising physician in the delivery 8
of services to patients who require medical care in the home and in health care institutions, 9
including: 10
(i) Recording patient progress notes; 11
(ii) Issuing diagnostic orders; and 12
(iii) Transcribing or executing specific orders at the direction of the 13
primary or alternate supervising physician; and 14
(7) Exercising prescriptive authority under a delegation agreement and in 15
accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 16
14–5H–08. 17
(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 18
authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 19
the physician delegating the duties, a primary supervising physician shall obtain the 20
Board’s approval of a delegation agreement that includes advanced duties in accordance 21
with subsubparagraph 2 of this subparagraph. 22
(g) If the Board determines that a primary or alternate supervising physician or 23
physician assistant is practicing in a manner inconsistent with the requirements of this 24
title [or Title 14 of this article], the Board on its own initiative or on the recommendation 25
of the Committee may demand modification of the practice, withdraw the approval of the 26
delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 27
other disciplinary action under [§ 14–404 or §15–314] § 14–5H–16 OF THIS SUBTITLE OR 28
§ 14–515 of this [article] TITLE. 29
(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 30
14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 31
agreement filed with the Board under this subtitle at any time. 32
(l) (2) If there is no designated alternate supervising physician or the 33
designated alternate supervising physician does not agree to supervise the physician 34 HOUSE BILL 1252 91
assistant, the physician assistant may not practice until the physician assistant receives 1
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 2
(m) A physician assistant whose delegation agreement is terminated may not 3
practice as a physician assistant until the physician assistant receives preliminary 4
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 5
14–5H–09. 6
(a) If a delegation agreement does not include advanced duties or the advanced 7
duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 8
physician assistant may assume the duties under a delegation agreement on the date that 9
the Board acknowledges receipt of the completed delegation agreement. 10
(b) In this section, “pending” means that a delegation agreement that includes 11
delegation of advanced duties in a setting that does not meet the requirements under [§ 12
15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 13
Board for its approval, but: 14
(1) The Committee has not made a recommendation to the Board; or 15
(2) The Board has not made a final decision regarding the delegation 16
agreement. 17
14–5H–10. 18
(e) Before a physician assistant may renew a license for an additional 2–year 19
term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 20
submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 21
education within the previous 2 years. 22
14–5H–12. 23
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 24
TITLE, TO qualify for a license, an applicant shall: 25
[(1) Complete a criminal history records check in accordance with § 26
14–308.1 of this article; 27
(2) Be of good moral character; 28
(3) Demonstrate oral and written competency in the English language as 29
required by the Board; 30
(4) Be at least 18 years old; and 31
92 HOUSE BILL 1252
(5) (i)] (1) Be a graduate of a physician assistant training program 1
approved by the Board; or 2
[(ii)] (2) Have passed the physician assistant national certifying 3
examination administered by the National Commission on Certification of Physician 4
Assistants prior to 1986, maintained all continuing education and recertification 5
requirements, and been in continuous practice since passage of the examination. 6
14–5H–14. 7
[(a)] Each licensee shall keep a license and delegation agreement for inspection at 8
the primary place of business of the licensee. 9
[(b) (1) Each licensee shall give the Board written notice of any change of name 10
or address within 60 days of the date of the change. 11
(2) A licensee who fails to comply with this subsection is subject to an 12
administrative penalty of $100.] 13
14–5H–15. 14
(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 15
Article, before the Board takes any action to reject or modify a delegation agreement or 16
advanced duty, the Board shall give the licensee the opportunity for a hearing before the 17
Board. 18
[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 19
Subtitle 2 of the State Government Article. 20
[(3)] (C) The Board may administer oaths in connection with any 21
proceeding under this section. 22
[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 23
sent to the last known address of the applicant or licensee. 24
[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 25
rejecting or modifying a delegation agreement or advanced duty may petition for judicial 26
review as allowed by the Administrative Procedure Act.] 27
14–5H–16. 28
(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 29
TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 30
reprimand any physician assistant, place any physician assistant on probation, or suspend 31
or revoke a license if the physician assistant: 32
HOUSE BILL 1252 93
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
the applicant or licensee or for another; 2
(2) Fraudulently or deceptively uses a license; 3
(3) Is guilty of: 4
(i) Immoral conduct in the practice of medicine; or 5
(ii) Unprofessional conduct in the practice of medicine; 6
(4) Is professionally, physically, or mentally incompetent; 7
(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–19 of this 8
[article] SUBTITLE; 9
(6) Abandons a patient; 10
(7) Habitually is intoxicated; 11
(8) Is addicted to, or habitually abuses, any narcotic or controlled 12
dangerous substance as defined in § 5–101 of the Criminal Law Article; 13
(9) Provides professional services: 14
(i) While under the influence of alcohol; or 15
(ii) While using any narcotic or controlled dangerous substance, as 16
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 17
amounts or without valid medical indication; 18
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 19
as to exploit the patient for financial gain; 20
(11) Willfully makes or files a false report or record in the practice of 21
medicine; 22
(12) Willfully fails to file or record any medical report as required under law, 23
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 24
to file or record the report; 25
(13) On proper request, and in accordance with the provisions of Title 4, 26
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 27
record to the patient, another physician, or hospital; 28
(14) Solicits professional patronage through an agent or other person or 29
profits from the acts of a person who is represented as an agent of the physician; 30 94 HOUSE BILL 1252
(15) Pays or agrees to pay any sum to any person for bringing or referring a 1
patient or accepts or agrees to accept any sum from any person for bringing or referring a 2
patient; 3
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 4
the laboratory for a test or test series for a patient, unless the licensed physician assistant 5
discloses on the bill to the patient or third–party payor: 6
(i) The name of the laboratory; 7
(ii) The amount paid to the laboratory for the test or test series; and 8
(iii) The amount of procurement or processing charge of the licensed 9
physician, if any, for each specimen taken; 10
(17) Makes a willful misrepresentation in treatment; 11
(18) Practices medicine with an unauthorized person or aids an 12
unauthorized person in the practice of medicine; 13
(19) Grossly overutilizes health care services; 14
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 15
method, treatment, or medicine; 16
(21) Is disciplined by a licensing or disciplinary authority or convicted or 17
disciplined by a court of any state or country or disciplined by any branch of the United 18
States uniformed services or the Veterans’ Administration for an act that would be grounds 19
for disciplinary action under this section; 20
(22) Fails to meet appropriate standards for the delivery of quality medical 21
and surgical care performed in an outpatient surgical facility, office, hospital, or any other 22
location in this State; 23
(23) Willfully submits false statements to collect fees for which services are 24
not provided; 25
(24) Was subject to investigation or disciplinary action by a licensing or 26
disciplinary authority or by a court of any state or country for an act that would be grounds 27
for disciplinary action under this section and the licensee: 28
(i) Surrendered the license issued by the state or country to the 29
state or country; or 30
(ii) Allowed the license issued by the state or country to expire or 31
lapse; 32 HOUSE BILL 1252 95
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 1
of the Family Law Article; 2
(26) Fails to educate a patient being treated for breast cancer of alternative 3
methods of treatment as required by § 20–113 of the Health – General Article; 4
(27) Sells, prescribes, gives away, or administers drugs for illegal or 5
illegitimate medical purposes; 6
(28) Fails to comply with the provisions of § 12–102 of this article; 7
(29) Refuses, withholds from, denies, or discriminates against an individual 8
with regard to the provision of professional services for which the physician assistant is 9
licensed and qualified to render because the individual is HIV positive; 10
(30) Except as to an association that has remained in continuous existence 11
since July 1, 1963: 12
(i) Associates with a pharmacist as a partner or co–owner of a 13
pharmacy for the purpose of operating a pharmacy; 14
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 15
or 16
(iii) Contracts with a pharmacist for the purpose of operating a 17
pharmacy; 18
(31) Except in an emergency life–threatening situation where it is not 19
feasible or practicable, fails to comply with the Centers for Disease Control and 20
Prevention’s guidelines on universal precautions; 21
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 22
[article] TITLE; 23
(33) Fails to cooperate with a lawful investigation conducted by the Board 24
or a disciplinary panel; 25
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 26
Article; 27
(35) Is in breach of a service obligation resulting from the applicant’s or 28
licensee’s receipt of State or federal funding for the physician assistant’s medical education; 29
(36) Willfully makes a false representation when seeking or making 30
application for licensure or any other application related to the practice of medicine; 31
96 HOUSE BILL 1252
(37) By corrupt means, threats, or force, intimidates or influences, or 1
attempts to intimidate or influence, for the purpose of causing any person to withhold or 2
change testimony in hearings or proceedings before the Board or a disciplinary panel or 3
those otherwise delegated to the Office of Administrative Hearings; 4
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 5
delays any person from making information available to the Board or a disciplinary panel 6
in furtherance of any investigation of the Board or a disciplinary panel; 7
(39) Intentionally misrepresents credentials for the purpose of testifying or 8
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 9
panel or those otherwise delegated to the Office of Administrative Hearings; 10
(40) Fails to keep adequate medical records; 11
(41) Performs delegated medical acts beyond the scope of the delegation 12
agreement filed with the Board or after notification from the Board that an advanced duty 13
has been disapproved; 14
(42) Performs delegated medical acts without the supervision of a physician; 15
(43) Fails to complete a criminal history records check under [§ 14–308.1] § 16
14–302 of this [article] TITLE; 17
(44) Fails to comply with the requirements of the Prescription Drug 18
Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 19
(45) Fails to comply with the requirements of the Prescription Drug 20
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 21
(46) Fails to comply with any State or federal law pertaining to the practice 22
as a physician assistant. 23
(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 24
PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBSECTION (A) 25
OF THIS SECTION TO SUSPEND OR REVOKE A LICENSE OF A PHYSI CIAN ASSISTANT, 26
REPRIMAND A LICENSED PHYSICIAN ASSISTAN T, OR PLACE THE LICENSE D 27
PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 28
FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 29
REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 30
LICENSEE ON PROBATIO N. 31
(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 32
INTO THE GENERAL FUND OF THE STATE. 33
HOUSE BILL 1252 97
(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 1
DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 2
TERMS AND CONDITIONS DETERMINED BY THE DISCIP LINARY PANEL. 3
14–5H–21. 4
(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 5
of this subtitle: 6
(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 7
exceeding $5,000 or imprisonment not exceeding 5 years or both; and 8
(2) Shall lose licensure as a physician assistant under this title. 9
(b) (1) In addition to the penalties under subsection (a) of this section, a person 10
who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 11
assessed by a disciplinary panel in an amount not exceeding $5,000. 12
(2) In addition to the penalties under paragraph (1) of this subsection, a 13
person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 14
civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 15
(3) The Board shall pay any civil penalty collected under this subsection 16
into the Board of Physicians Fund. 17
14–5H–22. 18
This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 19
14–5H–23. 20
Subject to the evaluation and reestablishment provisions of the Maryland Program 21
Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 22
SUBTITLE shall terminate and be of no effect after July 1, 2030. 23
Article – Transportation 24
13–616. 25
(a) (1) In this subtitle the following words have the meanings indicated. 26
(7) “Licensed physician assistant” means an individual who is licensed 27
under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 28
with physician supervision. 29
98 HOUSE BILL 1252
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Health Occupations 3
14–3A–01. 4
The Interstate Medical Licensure Compact is enacted into law and entered into with 5
all other states legally joining in it in the form substantially as it appears in this section as 6
follows: 7
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 8
(b) (3) (i) The member board within the state selected as the state of 9
principal license shall, in the course of verifying eligibility, require the applicant to obtain 10
a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 11
including the use of the results of fingerprint or other biometric data checks compliant with 12
the requirements of the Federal Bureau of Investigation, with the exception of federal 13
employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 14
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Tax – General 17
10–752. 18
(a) (1) In this section the following words have the meanings indicated. 19
(3) “Health care practitioner” means an individual who: 20
(i) is licensed to practice medicine under Title 14 of the Health 21
Occupations Article; 22
(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 23
the Health Occupations Article; or 24
(iii) is a registered nurse practitioner, as defined in § 8–101 of the 25
Health Occupations Article. 26
(d) (7) The Fund consists of: 27
(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 28
the Health Occupations Article; 29
(ii) money appropriated in the State budget to the Fund; and 30
HOUSE BILL 1252 99
(iii) any other money from any other source accepted for the benefit 1
of the Fund. 2
SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 3
Annotated Code of Maryland, in consultation with and subject to the approval of the 4
Department of Legislative Services, shall correct, with no further action required by the 5
General Assembly, cross–references and terminology rendered incorrect by this Act. The 6
publisher shall adequately describe any correction that is made in an editor’s note following 7
the section affected. 8
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2022. Section 4 of this Act shall remain effective until the taking effect of the 10
termination provision specified in Section 5 of Chapter 470 of the Acts of the General 11
Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 12
abrogated and of no further force and effect. Section 5 of this Act shall remain effective 13
until the taking effect of the termination provision specified in Section 6 of Chapters 153 14
and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 15
effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 16
may not be interpreted to have any effect on those termination provisions. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.