Maryland 2022 Regular Session

Maryland House Bill HB1252 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1252
9	6
10	7		HOUSE BILL 1252
11	8		J2 2lr3162
12		-	CF ~~SB 972~~
	9	+	CF 2lr3201
13	10		By: Delegate Belcastro
14	11		Introduced and read first time: February 11, 2022
15	12		Assigned to: Health and Government Operations
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 11, 2022
19		-
20		-	CHAPTER ______
	13	+
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Physicians and Allied Health Professions – Reorganization and Revisions 2
25	19
26	20		FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
27	21		and reorganizing certain provisions of law governing the State Board of Physicians 4
28	22		and the regulation of physicians, physician assistants, and allied health 5
29	23		professionals; authorizing the Board to regulate the allied health committees; 6
30	24		repealing the requirement that the Board provide a certain data sheet; and generally 7
31	25		relating to the State Board of Physicians and the regulation of physicians, physician 8
32	26		assistants, and allied health professionals. 9
33	27
34	28		BY repealing 10
35	29		Article – Health Occupations 11
36	30		Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 12
37	31		14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 13
38	32		14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14
39	33		14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 15
40	34		through 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 16
41	35		14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 14–5D–09, 14–5D–12, 17
42	36		14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14–5D–16.1, 14–5E–02 18
43	37		through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14–5E–19, 19
44	38		14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 20
45	39		14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 21
46	40		14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 22
47	41		15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, and 15–315 23
48		-	through 15–316.1 24 2 HOUSE BILL 1252
	42	+	through 15–316.1 24
	43	+	Annotated Code of Maryland 25
	44	+	(2021 Replacement Volume) 26
	45	+
	46	+	BY renumbering 27
	47	+	Article – Health Occupations 28 2 HOUSE BILL 1252
	48	+
	49	+
	50	+	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 1
	51	+	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 2
	52	+	14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 3
	53	+	14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 4
	54	+	14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 5
	55	+	15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 6
	56	+	15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 7
	57	+	respectively 8
	58	+	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 9
	59	+	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 10
	60	+	14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 11
	61	+	14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 12
	62	+	14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 13
	63	+	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 14
	64	+	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 15
	65	+	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 16
	66	+	respectively 17
	67	+	Annotated Code of Maryland 18
	68	+	(2021 Replacement Volume) 19
	69	+
	70	+	BY repealing and reenacting, with amendments, 20
	71	+	Article – Correctional Services 21
	72	+	Section 9–603(d)(2) 22
	73	+	Annotated Code of Maryland 23
	74	+	(2017 Replacement Volume and 2021 Supplement) 24
	75	+
	76	+	BY repealing and reenacting, with amendments, 25
	77	+	Article – Courts and Judicial Proceedings 26
	78	+	Section 5–106(r), 5–715(d), and 10–205(b) 27
	79	+	Annotated Code of Maryland 28
	80	+	(2020 Replacement Volume and 2021 Supplement) 29
	81	+
	82	+	BY repealing and reenacting, without amendments, 30
	83	+	Article – Health – General 31
	84	+	Section 4–201(a), 5–601(a), and 13–3301(a) 32
	85	+	Annotated Code of Maryland 33
	86	+	(2019 Replacement Volume and 2021 Supplement) 34
	87	+
	88	+	BY repealing and reenacting, with amendments, 35
	89	+	Article – Health – General 36
	90	+	Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 37
	91	+	Annotated Code of Maryland 38
	92	+	(2019 Replacement Volume and 2021 Supplement) 39
	93	+
	94	+	BY repealing and reenacting, with amendments, 40
	95	+	Article – Health Occupations 41 HOUSE BILL 1252 3
	96	+
	97	+
	98	+	Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 1
	99	+	14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 2
	100	+	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 3
	101	+	(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 4
	102	+	(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 5
	103	+	14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 6
	104	+	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 7
	105	+	14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 8
	106	+	14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 9
	107	+	14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 10
	108	+	14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 11
	109	+	Annotated Code of Maryland 12
	110	+	(2021 Replacement Volume) 13
	111	+
	112	+	BY repealing and reenacting, without amendments, 14
	113	+	Article – Health Occupations 15
	114	+	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 16
	115	+	Annotated Code of Maryland 17
	116	+	(2021 Replacement Volume) 18
	117	+
	118	+	BY adding to 19
	119	+	Article – Health Occupations 20
	120	+	Section 14–101(a–2), (n), and (q), 14–404, 14–417, 14–504, 14–514, 14–516, 21
	121	+	14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 22
	122	+	14–5F–07(g) 23
	123	+	Annotated Code of Maryland 24
	124	+	(2021 Replacement Volume) 25
	125	+
	126	+	BY repealing and reenacting, with amendments, 26
	127	+	Article – Health Occupations 27
	128	+	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 28
	129	+	14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 29
	130	+	14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 30
	131	+	14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 31
	132	+	14–5H–01(e) through (i) and (j) through (u), 14–5H–02, 14–5H–03(c), (d), and 32
	133	+	(e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 33
	134	+	14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 34
	135	+	14–5H–16(a), and 14–5H–21 through 14–5H–23 35
	136	+	Annotated Code of Maryland 36
	137	+	(2021 Replacement Volume) 37
	138	+	(As enacted by Section 2 of this Act) 38
	139	+
	140	+	BY adding to 39
	141	+	Article – Health Occupations 40
	142	+	Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 41
	143	+	14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 42
	144	+	Assistants” 43 4 HOUSE BILL 1252
49	145
50	146
51	147		Annotated Code of Maryland 1
52	148		(2021 Replacement Volume) 2
53		-
54		-	BY renumbering 3
55		-	Article – Health Occupations 4
56		-	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 5
57		-	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 6
58		-	14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 7
59		-	14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 8
60		-	14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 9
61		-	15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 10
62		-	15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 11
63		-	respectively 12
64		-	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 13
65		-	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14
66		-	14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 15
67		-	14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 16
68		-	14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 17
69		-	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 18
70		-	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 19
71		-	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 20
72		-	respectively 21
73		-	Annotated Code of Maryland 22
74		-	(2021 Replacement Volume) 23
75		-
76		-	BY repealing and reenacting, with amendments, 24
77		-	Article – Correctional Services 25
78		-	Section 9–603(d)(2) 26
79		-	Annotated Code of Maryland 27
80		-	(2017 Replacement Volume and 2021 Supplement) 28
81		-
82		-	BY repealing and reenacting, with amendments, 29
83		-	Article – Courts and Judicial Proceedings 30
84		-	Section 5–106(r), 5–715(d), and 10–205(b) 31
85		-	Annotated Code of Maryland 32
86		-	(2020 Replacement Volume and 2021 Supplement) 33
87		-
88		-	BY repealing and reenacting, without amendments, 34
89		-	Article – Health – General 35
90		-	Section 4–201(a), 5–601(a), and 13–3301(a) 36
91		-	Annotated Code of Maryland 37
92		-	(2019 Replacement Volume and 2021 Supplement) 38
93		-
94		-	BY repealing and reenacting, with amendments, 39
95		-	Article – Health – General 40
96		-	Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 41
97		-	Annotated Code of Maryland 42 HOUSE BILL 1252 3
98		-
99		-
100		-	(2019 Replacement Volume and 2021 Supplement) 1
101		-
102		-	BY repealing and reenacting, with amendments, 2
103		-	Article – Health Occupations 3
104		-	Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 4
105		-	14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 5
106		-	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 6
107		-	(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 7
108		-	(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 8
109		-	14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 9
110		-	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 10
111		-	14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 11
112		-	14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 12
113		-	14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 13
114		-	14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 14
115		-	Annotated Code of Maryland 15
116		-	(2021 Replacement Volume) 16
117		-
118		-	BY repealing and reenacting, without amendments, 17
119		-	Article – Health Occupations 18
120		-	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 19
121		-	Annotated Code of Maryland 20
122		-	(2021 Replacement Volume) 21
123		-
124		-	BY adding to 22
125		-	Article – Health Occupations 23
126		-	Section 14–101(a–2), (n), and (q), 14–404, 14–417, 14–504, 14–514, 14–516, 24
127		-	14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 25
128		-	14–5F–07(g) 26
129		-	Annotated Code of Maryland 27
130		-	(2021 Replacement Volume) 28
131		-
132		-	BY repealing and reenacting, with amendments, 29
133		-	Article – Health Occupations 30
134		-	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 31
135		-	14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 32
136		-	14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 33
137		-	14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 34
138		-	14–5H–01(e) through (i) and (j) through (u), 14–5H–02, 14–5H–03(c), (d), and 35
139		-	(e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 36
140		-	14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 37
141		-	14–5H–16(a), and 14–5H–21 through 14–5H–23 38
142		-	Annotated Code of Maryland 39
143		-	(2021 Replacement Volume) 40
144		-	(As enacted by Section 2 of this Act) 41
145		-
146		-	BY adding to 42 4 HOUSE BILL 1252
147		-
148		-
149		-	Article – Health Occupations 1
150		-	Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 2
151		-	14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 3
152		-	Assistants” 4
153		-	Annotated Code of Maryland 5
154		-	(2021 Replacement Volume) 6
155		-	(As enacted by Section 2 of this Act) 7
156		-
157		-	BY repealing and reenacting, without amendments, 8
158		-	Article – Health Occupations 9
159		-	Section 14–5H–01(a) 10
160		-	Annotated Code of Maryland 11
161		-	(2021 Replacement Volume) 12
162		-	(As enacted by Section 2 of this Act) 13
163		-
164		-	BY repealing 14
165		-	Article – Health Occupations 15
166		-	Section 14–5H–01(d) and (i–1) 16
167		-	Annotated Code of Maryland 17
168		-	(2021 Replacement Volume) 18
169		-	(As enacted by Section 2 of this Act) 19
170		-
171		-	BY repealing and reenacting, without amendments, 20
172		-	Article – Transportation 21
173		-	Section 13–616(a)(1) 22
174		-	Annotated Code of Maryland 23
175		-	(2020 Replacement Volume and 2021 Supplement) 24
176		-
177		-	BY repealing and reenacting, with amendments, 25
178		-	Article – Transportation 26
179		-	Section 13–616(a)(7) 27
180		-	Annotated Code of Maryland 28
181		-	(2020 Replacement Volume and 2021 Supplement) 29
182		-
183		-	BY repealing and reenacting, without amendments, 30
184		-	Article – Tax – General 31
185		-	Section 10–752(a)(1) 32
186		-	Annotated Code of Maryland 33
187		-	(2016 Replacement Volume and 2021 Supplement) 34
188		-
189		-	BY repealing and reenacting, with amendments, 35
190		-	Article – Tax – General 36
191		-	Section 10–752(a)(3) and (d)(7) 37
192		-	Annotated Code of Maryland 38
193		-	(2016 Replacement Volume and 2021 Supplement) 39
194		-	HOUSE BILL 1252 5
195		-
196		-
197		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
198		-	That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 2
199		-	14–5A–04, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 3
200		-	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
201		-	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
202		-	14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 6
203		-	14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 7
204		-	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
205		-	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
206		-	through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 10
207		-	14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 11
208		-	15–308, 15–310 through 15–312, and 15–315 through 15–316.1 of Article – Health 12
209		-	Occupations of the Annotated Code of Maryland be repealed. 13
210		-
211		-	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14–206, 14–206.1, 14
212		-	14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 15
213		-	14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 16
214		-	14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 17
215		-	14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 18
216		-	15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 19
217		-	15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 20
218		-	respectively, of Article – Health Occupations of the Annotated Code of Maryland be 21
219		-	renumbered to be Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 22
220		-	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 23
221		-	14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 24
222		-	14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 25
223		-	14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 26
224		-	14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 27
225		-	14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 28
226		-	respectively. 29
227		-
228		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
229		-	as follows: 31
230		-
231		-	Article – Correctional Services 32
232		-
233		-	9–603. 33
234		-
235		-	(d) (2) If an assessment conducted under paragraph (1) of this subsection 34
236		-	indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 35
237		-	care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 36
238		-	Title 15] of the Health Occupations Article. 37
239		-
240		-	Article – Courts and Judicial Proceedings 38
241		-
242		-	5–106. 39
243		-	6 HOUSE BILL 1252
244		-
245		-
246		-	(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 1
247		-	Occupations Article of practicing, attempting to practice, or offering to practice medicine 2
248		-	without a license shall be instituted within 3 years after the offense was committed. 3
249		-
250		-	5–715. 4
251		-
252		-	(d) Any person who acts in good faith is not civilly liable for giving any of the 5
253		-	information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 6
254		-	Occupations Article. 7
255		-
256		-	10–205. 8
257		-
258		-	(b) Records, reports, statements, notes, or information assembled or obtained by 9
259		-	the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 10
260		-	Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 11
261		-	Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 12
262		-	national organized medical society or research group that are declared confidential by § 13
263		-	4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 14
264		-	Article, are not admissible in evidence in any proceeding. 15
265		-
266		-	Article – Health – General 16
267		-
268		-	4–201. 17
269		-
270		-	(a) In this subtitle the following words have the meanings indicated. 18
271		-
272		-	(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 19
273		-	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 20
274		-	supervision. 21
275		-
276		-	5–601. 22
277		-
278		-	(a) In this subtitle the following words have the meanings indicated. 23
279		-
280		-	(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 24
281		-	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 25
	149	+	(As enacted by Section 2 of this Act) 3
	150	+
	151	+	BY repealing and reenacting, without amendments, 4
	152	+	Article – Health Occupations 5
	153	+	Section 14–5H–01(a) 6
	154	+	Annotated Code of Maryland 7
	155	+	(2021 Replacement Volume) 8
	156	+	(As enacted by Section 2 of this Act) 9
	157	+
	158	+	BY repealing 10
	159	+	Article – Health Occupations 11
	160	+	Section 14–5H–01(d) and (i–1) 12
	161	+	Annotated Code of Maryland 13
	162	+	(2021 Replacement Volume) 14
	163	+	(As enacted by Section 2 of this Act) 15
	164	+
	165	+	BY repealing and reenacting, without amendments, 16
	166	+	Article – Transportation 17
	167	+	Section 13–616(a)(1) 18
	168	+	Annotated Code of Maryland 19
	169	+	(2020 Replacement Volume and 2021 Supplement) 20
	170	+
	171	+	BY repealing and reenacting, with amendments, 21
	172	+	Article – Transportation 22
	173	+	Section 13–616(a)(7) 23
	174	+	Annotated Code of Maryland 24
	175	+	(2020 Replacement Volume and 2021 Supplement) 25
	176	+
	177	+	BY repealing and reenacting, without amendments, 26
	178	+	Article – Tax – General 27
	179	+	Section 10–752(a)(1) 28
	180	+	Annotated Code of Maryland 29
	181	+	(2016 Replacement Volume and 2021 Supplement) 30
	182	+
	183	+	BY repealing and reenacting, with amendments, 31
	184	+	Article – Tax – General 32
	185	+	Section 10–752(a)(3) and (d)(7) 33
	186	+	Annotated Code of Maryland 34
	187	+	(2016 Replacement Volume and 2021 Supplement) 35
	188	+
	189	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
	190	+	That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 37
	191	+	14–5A–04, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 38
	192	+	14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 39
	193	+	14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 through 14–5C–04, 14–5C–11, 40 HOUSE BILL 1252 5
	194	+
	195	+
	196	+	14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 1
	197	+	14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 2
	198	+	14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 3
	199	+	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 4
	200	+	through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 5
	201	+	14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 6
	202	+	15–308, 15–310 through 15–312, and 15–315 through 15–316.1 of Article – Health 7
	203	+	Occupations of the Annotated Code of Maryland be repealed. 8
	204	+
	205	+	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14–206, 14–206.1, 9
	206	+	14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 10
	207	+	14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 11
	208	+	14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 12
	209	+	14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 13
	210	+	15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 14
	211	+	15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 15
	212	+	respectively, of Article – Health Occupations of the Annotated Code of Maryland be 16
	213	+	renumbered to be Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 17
	214	+	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 18
	215	+	14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 19
	216	+	14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 20
	217	+	14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 21
	218	+	14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 22
	219	+	14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 23
	220	+	respectively. 24
	221	+
	222	+	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
	223	+	as follows: 26
	224	+
	225	+	Article – Correctional Services 27
	226	+
	227	+	9–603. 28
	228	+
	229	+	(d) (2) If an assessment conducted under paragraph (1) of this subsection 29
	230	+	indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 30
	231	+	care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 31
	232	+	Title 15] of the Health Occupations Article. 32
	233	+
	234	+	Article – Courts and Judicial Proceedings 33
	235	+
	236	+	5–106. 34
	237	+
	238	+	(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 35
	239	+	Occupations Article of practicing, attempting to practice, or offering to practice medicine 36
	240	+	without a license shall be instituted within 3 years after the offense was committed. 37
	241	+
	242	+	5–715. 38 6 HOUSE BILL 1252
	243	+
	244	+
	245	+
	246	+	(d) Any person who acts in good faith is not civilly liable for giving any of the 1
	247	+	information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 2
	248	+	Occupations Article. 3
	249	+
	250	+	10–205. 4
	251	+
	252	+	(b) Records, reports, statements, notes, or information assembled or obtained by 5
	253	+	the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 6
	254	+	Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 7
	255	+	Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 8
	256	+	national organized medical society or research group that are declared confidential by § 9
	257	+	4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 10
	258	+	Article, are not admissible in evidence in any proceeding. 11
	259	+
	260	+	Article – Health – General 12
	261	+
	262	+	4–201. 13
	263	+
	264	+	(a) In this subtitle the following words have the meanings indicated. 14
	265	+
	266	+	(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 15
	267	+	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 16
	268	+	supervision. 17
	269	+
	270	+	5–601. 18
	271	+
	272	+	(a) In this subtitle the following words have the meanings indicated. 19
	273	+
	274	+	(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 20
	275	+	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 21
	276	+	supervision. 22
	277	+
	278	+	13–3301. 23
	279	+
	280	+	(a) In this subtitle the following words have the meanings indicated. 24
	281	+
	282	+	(d) “Certifying provider” means an individual who: 25
	283	+
	284	+	(1) (i) 1. Has an active, unrestricted license to practice medicine 26
	285	+	that was issued by the State Board of Physicians under Title 14 of the Health Occupations 27
	286	+	Article; and 28
	287	+
	288	+	2. Is in good standing with the State Board of Physicians; 29
	289	+	HOUSE BILL 1252 7
	290	+
	291	+
	292	+	(ii) 1. Has an active, unrestricted license to practice dentistry 1
	293	+	that was issued by the State Board of Dental Examiners under Title 4 of the Health 2
	294	+	Occupations Article; and 3
	295	+
	296	+	2. Is in good standing with the State Board of Dental 4
	297	+	Examiners; 5
	298	+
	299	+	(iii) 1. Has an active, unrestricted license to practice podiatry 6
	300	+	that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 7
	301	+	Health Occupations Article; and 8
	302	+
	303	+	2. Is in good standing with the State Board of Podiatric 9
	304	+	Medical Examiners; 10
	305	+
	306	+	(iv) 1. Has an active, unrestricted license to practice registered 11
	307	+	nursing and has an active, unrestricted certification to practice as a nurse practitioner or 12
	308	+	a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 13
	309	+	Occupations Article; and 14
	310	+
	311	+	2. Is in good standing with the State Board of Nursing; or 15
	312	+
	313	+	(v) 1. Has an active, unrestricted license to practice as a 16
	314	+	physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 17
	315	+	5H of the Health Occupations Article; 18
	316	+
	317	+	2. Has an active delegation agreement with a primary 19
	318	+	supervising physician who is a certifying provider; and 20
	319	+
	320	+	3. Is in good standing with the State Board of Physicians; 21
	321	+
	322	+	(2) Has a State controlled dangerous substances registration; and 22
	323	+
	324	+	(3) Is registered with the Commission to make cannabis available to 23
	325	+	patients for medical use in accordance with regulations adopted by the Commission. 24
	326	+
	327	+	18–214.1. 25
	328	+
	329	+	(b) Notwithstanding any other provision of law, the following health care 26
	330	+	providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 27
	331	+	partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 28
	332	+	making a personal physical assessment of the patient’s partner: 29
	333	+
	334	+	(1) A physician licensed under Title 14 of the Health Occupations Article; 30
	335	+
	336	+	(2) An advanced practice registered nurse with prescriptive authority 31
	337	+	licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 32
	338	+	of the Health Occupations Article; 33 8 HOUSE BILL 1252
	339	+
	340	+
	341	+
	342	+	(3) An authorized physician assistant licensed under Title [15] 14, 1
	343	+	SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] 2
	344	+	14–5H–10 of the Health Occupations Article; and 3
	345	+
	346	+	(4) A registered nurse employed by a local health department who complies 4
	347	+	with: 5
	348	+
	349	+	(i) The formulary developed and approved under § 3–403(b) of this 6
	350	+	article; and 7
	351	+
	352	+	(ii) The requirements established under § 8–512 of the Health 8
	353	+	Occupations Article. 9
	354	+
	355	+	Article – Health Occupations 10
	356	+
	357	+	1–302. 11
	358	+
	359	+	(g) Subsection (d)(12) of this section may not be construed to: 12
	360	+
	361	+	(1) Permit an individual or entity to engage in the insurance business, as 13
	362	+	defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 14
	363	+	the Maryland Insurance Commissioner and satisfying all other applicable requirements of 15
	364	+	the Insurance Article; 16
	365	+
	366	+	(2) (i) Impose additional obligations on a carrier providing 17
	367	+	incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 18
	368	+	Article; or 19
	369	+
	370	+	(ii) Require the disclosure of information re garding the 20
	371	+	incentive–based compensation, except as required under § 15–113 of the Insurance Article; 21
	372	+
	373	+	(3) Authorize a health care entity to knowingly make a direct or indirect 22
	374	+	payment to a health care practitioner as an inducement to reduce or limit medically 23
	375	+	necessary services to individuals who are under the direct care of the health care 24
	376	+	practitioner; 25
	377	+
	378	+	(4) Permit an arrangement that violates: 26
	379	+
	380	+	(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 27
	381	+
	382	+	(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 28
	383	+	Law Article; 29
	384	+
	385	+	(5) Narrow, expand, or otherwise modify: 30
	386	+	HOUSE BILL 1252 9
	387	+
	388	+
	389	+	(i) Any definition in § 1–301 of this subtitle, including the definition 1
	390	+	of “in–office ancillary services”; or 2
	391	+
	392	+	(ii) Any exception in subsection (d)(4) of this section including the 3
	393	+	exception for referrals for in–office ancillary services or tests; or 4
	394	+
	395	+	(6) Require a compensation arrangement to comply with the provisions of 5
	396	+	subsection (d)(12) of this section if the compensation arrangement is exempt under any 6
	397	+	other provision of subsection (d) of this section. 7
	398	+
	399	+	1–306. 8
	400	+
	401	+	(e) This section does not prohibit: 9
	402	+
	403	+	(1) A referring laboratory from billing for anatomic pathology services or 10
	404	+	histologic processing if the referring laboratory must send a specimen to another clinical 11
	405	+	laboratory for histologic processing or anatomic pathology consultation; and 12
	406	+
	407	+	(2) A health care practitioner who takes a Pap test specimen from a patient 13
	408	+	and who orders but does not supervise or perform an anatomic pathology service on the 14
	409	+	specimen, from billing a patient or payor for the service, provided the health care 15
	410	+	practitioner complies with: 16
	411	+
	412	+	(i) The disclosure requirements of [§ 14–404(a)(16)] § 17
	413	+	14–515(A)(16) of this article; and 18
	414	+
	415	+	(ii) The ethics policies of the American Medical Association that 19
	416	+	relate to referring physician billing for laboratory services. 20
	417	+
	418	+	8–205. 21
	419	+
	420	+	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 22
	421	+	has the following powers and duties: 23
	422	+
	423	+	(3) To adopt rules and regulations for the performance of delegated medical 24
	424	+	functions that are recognized jointly by the State Board of Physicians and the State Board 25
	425	+	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 26
	426	+
	427	+	11–404.2. 27
	428	+
	429	+	(h) A therapeutically certified optometrist shall be: 28
	430	+
	431	+	(1) Held to the same standard of care as an ophthalmologist who is licensed 29
	432	+	under Title 14 of this article and who is providing similar services; and 30
	433	+
	434	+	(2) Required to comply with the notice requirement under [§ 14–508] § 31
	435	+	14–520 of this article. 32 10 HOUSE BILL 1252
	436	+
	437	+
	438	+
	439	+	12–102. 1
	440	+
	441	+	(c) (2) This title does not prohibit: 2
	442	+
	443	+	(i) A licensed veterinarian from: 3
	444	+
	445	+	1. Personally preparing and dispensing the veterinarian’s 4
	446	+	prescriptions; or 5
	447	+
	448	+	2. Dispensing, in accordance with § 2 –313(c) of the 6
	449	+	Agriculture Article, compounded nonsterile preparations or compounded sterile 7
	450	+	preparations provided by a pharmacy; 8
	451	+
	452	+	(ii) A licensed dentist, physician, or podiatrist from personally 9
	453	+	preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 10
	454	+
	455	+	1. The dentist, physician, or podiatrist: 11
	456	+
	457	+	A. Has applied to the board of licensure in this State which 12
	458	+	licensed the dentist, physician, or podiatrist; 13
	459	+
	460	+	B. Has demonstrated to the satisfaction of that board that the 14
	461	+	dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 15
	462	+	public interest; 16
	463	+
	464	+	C. Has received a written permit from that board to dispense 17
	465	+	prescription drugs or devices except that a written permit is not required in order to 18
	466	+	dispense starter dosages or samples without charge; and 19
	467	+
	468	+	D. Posts a sign conspicuously positioned and readable 20
	469	+	regarding the process for resolving incorrectly filled prescriptions or includes written 21
	470	+	information regarding the process with each prescription dispensed; 22
	471	+
	472	+	2. The person for whom the drugs or devices are prescribed 23
	473	+	is a patient of the prescribing dentist, physician, or podiatrist; 24
	474	+
	475	+	3. The dentist, physician, or podiatrist does not have a 25
	476	+	substantial financial interest in a pharmacy; and 26
	477	+
	478	+	4. The dentist, physician, or podiatrist: 27
	479	+
	480	+	A. Complies with the dispensing and labeling requirements 28
	481	+	of this title; 29
	482	+
	483	+	B. Records the dispensing of the prescription drug or device 30
	484	+	on the patient’s chart; 31 HOUSE BILL 1252 11
	485	+
	486	+
	487	+
	488	+	C. Allows the Office of Controlled Substances Administration 1
	489	+	to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 2
	490	+	and in accordance with § 12–102.1 of this subtitle; 3
	491	+
	492	+	D. On inspection by the Office of Controlled Substances 4
	493	+	Administration, signs and dates an acknowledgment form provided by the Office of 5
	494	+	Controlled Substances Administration relating to the requirements of this section; 6
	495	+
	496	+	E. Except for starter dosages or samples without charge, 7
	497	+	provides the patient with a written prescription, maintains prescription files in accordance 8
	498	+	with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 9
	499	+
	500	+	F. Does not direct patients to a single pharmacist or 10
	501	+	pharmacy in accordance with § 12–403(c)(8) of this title; 11
	502	+
	503	+	G. Does not receive remuneration for referring patients to a 12
	504	+	pharmacist or pharmacy; 13
	505	+
	506	+	H. Complies with the child resistant packaging requirements 14
	507	+	regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 15
	508	+
	509	+	I. Complies with drug recalls; 16
	510	+
	511	+	J. Maintains biennial inventories and complies with any 17
	512	+	other federal and State record–keeping requirements relating to controlled dangerous 18
	513	+	substances; 19
	514	+
	515	+	K. Purchases prescription drugs from a pharmacy or 20
	516	+	wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 21
	517	+	the Board of Pharmacy; 22
	518	+
	519	+	L. Annually reports to the respective board of licensure 23
	520	+	whether the dentist, physician, or podiatrist has personally prepared and dispensed 24
	521	+	prescription drugs within the previous year; and 25
	522	+
	523	+	M. Completes ten continuing education credits over a 5–year 26
	524	+	period relating to the preparing and dispensing of prescription drugs, offered by the 27
	525	+	Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 28
	526	+	consultation with each respective board of licensure, as a condition of permit renewal; 29
	527	+
	528	+	(iii) A licensed physician from dispensing a topical medication 30
	529	+	without obtaining the permit required under item (ii)1C of this paragraph or completing 31
	530	+	the continuing education required under item (ii)4M of this paragraph when the physician: 32
	531	+
	532	+	1. Otherwise complies with item (ii) of this paragraph; and 33
	533	+	12 HOUSE BILL 1252
	534	+
	535	+
	536	+	2. Has obtained a special written permit under [§ 14–509] § 1
	537	+	14–522 of this article; 2
	538	+
	539	+	(iv) A licensed physician who complies with the requirements of item 3
	540	+	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 4
	541	+
	542	+	1. A physician assistant in accordance with a delegation 5
	543	+	agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 6
	544	+
	545	+	2. A nurse practitioner who is authorized to practice under 7
	546	+	Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 8
	547	+	or 9
	548	+
	549	+	(v) A hospital–based clinic from dispensing prescriptions to its 10
	550	+	patients. 11
	551	+
	552	+	14–101. 12
	553	+
	554	+	(a) In this title the following words have the meanings indicated. 13
	555	+
	556	+	(a–1) “Allied health professional” means an individual licensed by the Board under 14
	557	+	Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 15
	558	+
	559	+	(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 16
	560	+	LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 17
	561	+
	562	+	(g) “License” means, unless the context requires otherwise, a license issued by the 18
	563	+	Board to practice medicine OR AN ALLIED HEALTH PRO FESSION REGULATED BY THE 19
	564	+	BOARD. 20
	565	+
	566	+	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 21
	567	+	issued], including an individual practicing medicine within or as a professional corporation 22
	568	+	or professional association. 23
	569	+
	570	+	(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 24
	571	+	UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 25
282	572		SUPERVISION. 26
283	573
284		-	13–3301. 27
285		-
286		-	(a) In this subtitle the following words have the meanings indicated. 28
287		-
288		-	(d) “Certifying provider” means an individual who: 29
289		-	HOUSE BILL 1252 7
290		-
291		-
292		-	(1) (i) 1. Has an active, unrestricted license to practice medicine 1
293		-	that was issued by the State Board of Physicians under Title 14 of the Health Occupations 2
294		-	Article; and 3
295		-
296		-	2. Is in good standing with the State Board of Physicians; 4
297		-
298		-	(ii) 1. Has an active, unrestricted license to practice dentistry 5
299		-	that was issued by the State Board of Dental Examiners under Title 4 of the Health 6
300		-	Occupations Article; and 7
301		-
302		-	2. Is in good standing with the State Board of Dental 8
303		-	Examiners; 9
304		-
305		-	(iii) 1. Has an active, unrestricted license to practice podiatry 10
306		-	that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 11
307		-	Health Occupations Article; and 12
308		-
309		-	2. Is in good standing with the State Board of Podiatric 13
310		-	Medical Examiners; 14
311		-
312		-	(iv) 1. Has an active, unrestricted license to practice registered 15
313		-	nursing and has an active, unrestricted certification to practice as a nurse practitioner or 16
314		-	a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 17
315		-	Occupations Article; and 18
316		-
317		-	2. Is in good standing with the State Board of Nursing; or 19
318		-
319		-	(v) 1. Has an active, unrestricted license to practice as a 20
320		-	physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 21
321		-	5H of the Health Occupations Article; 22
322		-
323		-	2. Has an active delegation agreement with a primary 23
324		-	supervising physician who is a certifying provider; and 24
325		-
326		-	3. Is in good standing with the State Board of Physicians; 25
327		-
328		-	(2) Has a State controlled dangerous substances registration; and 26
329		-
330		-	(3) Is registered with the Commission to make cannabis available to 27
331		-	patients for medical use in accordance with regulations adopted by the Commission. 28
332		-
333		-	18–214.1. 29
334		-
335		-	(b) Notwithstanding any other provision of law, the following health care 30
336		-	providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 31
337		-	partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 32
338		-	making a personal physical assessment of the patient’s partner: 33 8 HOUSE BILL 1252
339		-
340		-
341		-
342		-	(1) A physician licensed under Title 14 of the Health Occupations Article; 1
343		-
344		-	(2) An advanced practice registered nurse with prescriptive authority 2
345		-	licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 3
346		-	of the Health Occupations Article; 4
347		-
348		-	(3) An authorized physician assistant licensed under Title [15] 14, 5
349		-	SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] 6
350		-	14–5H–10 of the Health Occupations Article; and 7
351		-
352		-	(4) A registered nurse employed by a local health department who complies 8
353		-	with: 9
354		-
355		-	(i) The formulary developed and approved under § 3–403(b) of this 10
356		-	article; and 11
357		-
358		-	(ii) The requirements established under § 8–512 of the Health 12
359		-	Occupations Article. 13
360		-
361		-	Article – Health Occupations 14
362		-
363		-	1–302. 15
364		-
365		-	(g) Subsection (d)(12) of this section may not be construed to: 16
366		-
367		-	(1) Permit an individual or entity to engage in the insurance business, as 17
368		-	defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 18
369		-	the Maryland Insurance Commissioner and satisfying all other applicable requirements of 19
370		-	the Insurance Article; 20
371		-
372		-	(2) (i) Impose additional obligations on a carr ier providing 21
373		-	incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 22
374		-	Article; or 23
375		-
376		-	(ii) Require the disclosure of information regarding the 24
377		-	incentive–based compensation, except as required under § 15–113 of the Insurance Article; 25
378		-
379		-	(3) Authorize a health care entity to knowingly make a direct or indirect 26
380		-	payment to a health care practitioner as an inducement to reduce or limit medically 27
381		-	necessary services to individuals who are under the direct care of the health care 28
382		-	practitioner; 29
383		-
384		-	(4) Permit an arrangement that violates: 30
385		-
386		-	(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 31
387		-	HOUSE BILL 1252 9
388		-
389		-
390		-	(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 1
391		-	Law Article; 2
392		-
393		-	(5) Narrow, expand, or otherwise modify: 3
394		-
395		-	(i) Any definition in § 1–301 of this subtitle, including the definition 4
396		-	of “in–office ancillary services”; or 5
397		-
398		-	(ii) Any exception in subsection (d)(4) of this section including the 6
399		-	exception for referrals for in–office ancillary services or tests; or 7
400		-
401		-	(6) Require a compensation arrangement to comply with the provisions of 8
402		-	subsection (d)(12) of this section if the compensation arrangement is exempt under any 9
403		-	other provision of subsection (d) of this section. 10
404		-
405		-	1–306. 11
406		-
407		-	(e) This section does not prohibit: 12
408		-
409		-	(1) A referring laboratory from billing for anatomic pathology services or 13
410		-	histologic processing if the referring laboratory must send a specimen to another clinical 14
411		-	laboratory for histologic processing or anatomic pathology consultation; and 15
412		-
413		-	(2) A health care practitioner who takes a Pap test specimen from a patient 16
414		-	and who orders but does not supervise or perform an anatomic pathology service on the 17
415		-	specimen, from billing a patient or payor for the service, provided the health care 18
416		-	practitioner complies with: 19
417		-
418		-	(i) The disclosure requirements of [§ 14–404(a)(16)] § 20
419		-	14–515(A)(16) of this article; and 21
420		-
421		-	(ii) The ethics policies of the American Medical Association that 22
422		-	relate to referring physician billing for laboratory services. 23
423		-
424		-	8–205. 24
425		-
426		-	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 25
427		-	has the following powers and duties: 26
428		-
429		-	(3) To adopt rules and regulations for the performance of delegated medical 27
430		-	functions that are recognized jointly by the State Board of Physicians and the State Board 28
431		-	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 29
432		-
433		-	11–404.2. 30
434		-
435		-	(h) A therapeutically certified optometrist shall be: 31
436		-	10 HOUSE BILL 1252
437		-
438		-
439		-	(1) Held to the same standard of care as an ophthalmologist who is licensed 1
440		-	under Title 14 of this article and who is providing similar services; and 2
441		-
442		-	(2) Required to comply with the notice requirement under [§ 14–508] § 3
443		-	14–520 of this article. 4
444		-
445		-	12–102. 5
446		-
447		-	(c) (2) This title does not prohibit: 6
448		-
449		-	(i) A licensed veterinarian from: 7
450		-
451		-	1. Personally preparing and dispensing the veterinarian’s 8
452		-	prescriptions; or 9
453		-
454		-	2. Dispensing, in accordance with § 2 –313(c) of the 10
455		-	Agriculture Article, compounded nonsterile preparations or compounded sterile 11
456		-	preparations provided by a pharmacy; 12
457		-
458		-	(ii) A licensed dentist, physician, or podiatrist from personally 13
459		-	preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 14
460		-
461		-	1. The dentist, physician, or podiatrist: 15
462		-
463		-	A. Has applied to the board of licensure in this State which 16
464		-	licensed the dentist, physician, or podiatrist; 17
465		-
466		-	B. Has demonstrated to the satisfaction of that board that the 18
467		-	dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 19
468		-	public interest; 20
469		-
470		-	C. Has received a written permit from that board to dispense 21
471		-	prescription drugs or devices except that a written permit is not required in order to 22
472		-	dispense starter dosages or samples without charge; and 23
473		-
474		-	D. Posts a sign conspicuously positioned and readable 24
475		-	regarding the process for resolving incorrectly filled prescriptions or includes written 25
476		-	information regarding the process with each prescription dispensed; 26
477		-
478		-	2. The person for whom the drugs or devices are prescribed 27
479		-	is a patient of the prescribing dentist, physician, or podiatrist; 28
480		-
481		-	3. The dentist, physician, or podiatrist does not have a 29
482		-	substantial financial interest in a pharmacy; and 30
483		-
484		-	4. The dentist, physician, or podiatrist: 31
485		-	HOUSE BILL 1252 11
486		-
487		-
488		-	A. Complies with the dispensing and labeling requirements 1
489		-	of this title; 2
490		-
491		-	B. Records the dispensing of the prescription drug or device 3
492		-	on the patient’s chart; 4
493		-
494		-	C. Allows the Office of Controlled Substances Administration 5
495		-	to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 6
496		-	and in accordance with § 12–102.1 of this subtitle; 7
497		-
498		-	D. On inspection by the Office of Controlled Substances 8
499		-	Administration, signs and dates an acknowledgment form provided by the Office of 9
500		-	Controlled Substances Administration relating to the requirements of this section; 10
501		-
502		-	E. Except for starter dosages or samples without charge, 11
503		-	provides the patient with a written prescription, maintains prescription files in accordance 12
504		-	with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 13
505		-
506		-	F. Does not direct patients to a single pharmacist or 14
507		-	pharmacy in accordance with § 12–403(c)(8) of this title; 15
508		-
509		-	G. Does not receive remuneration for referring patients to a 16
510		-	pharmacist or pharmacy; 17
511		-
512		-	H. Complies with the child resistant packaging requirements 18
513		-	regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 19
514		-
515		-	I. Complies with drug recalls; 20
516		-
517		-	J. Maintains biennial inventories and complies with any 21
518		-	other federal and State record–keeping requirements relating to controlled dangerous 22
519		-	substances; 23
520		-
521		-	K. Purchases prescription drugs from a pharmacy or 24
522		-	wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 25
523		-	the Board of Pharmacy; 26
524		-
525		-	L. Annually reports to the respective board of licensure 27
526		-	whether the dentist, physician, or podiatrist has personally prepared and dispensed 28
527		-	prescription drugs within the previous year; and 29
528		-
529		-	M. Completes ten continuing education credits over a 5–year 30
530		-	period relating to the preparing and dispensing of prescription drugs, offered by the 31
531		-	Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 32
532		-	consultation with each respective board of licensure, as a condition of permit renewal; 33
533		-	12 HOUSE BILL 1252
534		-
535		-
536		-	(iii) A licensed physician from dispensing a topical medication 1
537		-	without obtaining the permit required under item (ii)1C of this paragraph or completing 2
538		-	the continuing education required under item (ii)4M of this paragraph when the physician: 3
539		-
540		-	1. Otherwise complies with item (ii) of this paragraph; and 4
541		-
542		-	2. Has obtained a special written permit under [§ 14–509] § 5
543		-	14–522 of this article; 6
544		-
545		-	(iv) A licensed physician who complies with the requirements of item 7
546		-	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 8
547		-
548		-	1. A physician assistant in accordance with a delegation 9
549		-	agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 10
550		-
551		-	2. A nurse practitioner who is authorized to practice under 11
552		-	Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 12
553		-	or 13
554		-
555		-	(v) A hospital–based clinic from dispensing prescriptions to its 14
556		-	patients. 15
557		-
558		-	14–101. 16
559		-
560		-	(a) In this title the following words have the meanings indicated. 17
561		-
562		-	(a–1) “Allied health professional” means an individual licensed by the Board under 18
563		-	Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 19
564		-
565		-	(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 20
566		-	LICENSURE AS A PHYSI CIAN OR ALLIED HEALTH PROFESSIONAL IN THE STATE. 21
567		-
568		-	(g) “License” means, unless the context requires otherwise, a license issued by the 22
569		-	Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 23
570		-	BOARD. 24
571		-
572		-	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 25
573		-	issued], including an individual practicing medicine within or as a professional corporation 26
574		-	or professional association. 27
575		-
576		-	(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 28
577		-	UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH P HYSICIAN 29
578		-	SUPERVISION. 30
579		-
580		-	(o) (1) “Practice medicine” means to engage, with or without compensation, in 31
581		-	medical: 32 HOUSE BILL 1252 13
582		-
583		-
584		-
585		-	(i) Diagnosis; 1
586		-
587		-	(ii) Healing; 2
588		-
589		-	(iii) Treatment; or 3
590		-
591		-	(iv) Surgery. 4
592		-
593		-	(2) “Practice medicine” includes doing, undertaking, professing to do, and 5
594		-	attempting any of the following: 6
595		-
596		-	(i) Diagnosing, healing, treating, preventing, prescribing for, or 7
597		-	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 8
598		-
599		-	1. By physical, mental, emotional, or other process that is 9
600		-	exercised or invoked by the practitioner, the patient, or both; or 10
601		-
602		-	2. By appliance, test, drug, operation, or treatment; 11
603		-
604		-	(ii) Ending of a human pregnancy; and 12
605		-
606		-	(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 13
	574	+	(o) (1) “Practice medicine” means to engage, with or without compensation, in 27
	575	+	medical: 28
	576	+
	577	+	(i) Diagnosis; 29
	578	+
	579	+	(ii) Healing; 30
	580	+
	581	+	(iii) Treatment; or 31 HOUSE BILL 1252 13
	582	+
	583	+
	584	+
	585	+	(iv) Surgery. 1
	586	+
	587	+	(2) “Practice medicine” includes doing, undertaking, professing to do, and 2
	588	+	attempting any of the following: 3
	589	+
	590	+	(i) Diagnosing, healing, treating, preventing, prescribing for, or 4
	591	+	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 5
	592	+
	593	+	1. By physical, mental, emotional, or other process that is 6
	594	+	exercised or invoked by the practitioner, the patient, or both; or 7
	595	+
	596	+	2. By appliance, test, drug, operation, or treatment; 8
	597	+
	598	+	(ii) Ending of a human pregnancy; and 9
	599	+
	600	+	(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 10
	601	+	of this title. 11
	602	+
	603	+	(3) “Practice medicine” does not include: 12
	604	+
	605	+	(i) Selling any nonprescription drug or medicine; 13
	606	+
	607	+	(ii) Practicing as an optician; or 14
	608	+
	609	+	(iii) Performing a massage or other manipulation by hand, but by no 15
	610	+	other means. 16
	611	+
	612	+	(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 17
	613	+	OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 18
	614	+	14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDES ASSISTANCE TO 19
	615	+	IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS REGULATED BY THE 20
	616	+	BOARD WHO ARE DIRECTE D BY THE BOARD TO RECEIVE TREA TMENT AND 21
	617	+	REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 22
	618	+	PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS. 23
	619	+
	620	+	14–102. 24
	621	+
	622	+	(a) This title does not limit the right of: 25
	623	+
	624	+	(1) An individual to practice a health occupation that the individual is 26
	625	+	authorized to practice under this article; [or] 27
	626	+
	627	+	(2) A Christian Science practitioner, who is accredited by the First Church 28
	628	+	of Christ, Scientist, in Boston, Massachusetts, from: 29
	629	+	14 HOUSE BILL 1252
	630	+
	631	+
	632	+	(i) Dealing with human ills in accordance with the tenets of 1
	633	+	Christian Science; and 2
	634	+
	635	+	(ii) Charging for services[.]; 3
	636	+
	637	+	(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 4
	638	+	HOME MEDICAL EQUIPMENT SE RVICES AS DEFINED UN DER TITLE 19, SUBTITLE 4A 5
	639	+	OF THE HEALTH – GENERAL ARTICLE; OR 6
	640	+
	641	+	(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 7
	642	+	RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 8
	643	+	PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 9
	644	+	LABORATORY . 10
	645	+
	646	+	14–205. 11
	647	+
	648	+	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 12
	649	+	this article], the Board shall: 13
	650	+
	651	+	(1) Enforce this title [and Title 15 of this article]; 14
	652	+
	653	+	(2) Adopt regulations to carry out the provisions of this title [and Title 15 15
	654	+	of this article]; 16
	655	+
	656	+	(3) Establish policies for Board operations; 17
	657	+
	658	+	(4) Maintain the rules, regulations, and policies of the Board so that the 18
	659	+	rules, regulations, and policies reflect the current practices of the Board; 19
	660	+
	661	+	(5) Oversee: 20
	662	+
	663	+	(i) The licensing requirements for physicians and the allied health 21
	664	+	professionals; and 22
	665	+
	666	+	(ii) The issuance and renewal of licenses; 23
	667	+
	668	+	(6) Maintain secure and complete records; 24
	669	+
	670	+	(7) Review and preliminarily investigate complaints, including 25
	671	+	acknowledging receipt of complaints and informing complainants of the final disposition of 26
	672	+	complaints; 27
	673	+
	674	+	(8) Develop and implement methods to: 28
	675	+
	676	+	(i) Assess and improve licensee practices; and 29
	677	+	HOUSE BILL 1252 15
	678	+
	679	+
	680	+	(ii) Ensure the ongoing competence of licensees; 1
	681	+
	682	+	(9) Ensure that an opportunity for a hearing is provided to an individual, 2
	683	+	in accordance with law, before any action is taken against the individual; 3
	684	+
	685	+	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 4
	686	+
	687	+	(11) Report on all disciplinary actions, license denials, and license 5
	688	+	surrenders; 6
	689	+
	690	+	(12) Establish appropriate fees that are adequate to fund the effective 7
	691	+	regulation of physicians and allied health professionals; 8
	692	+
	693	+	(13) Make recommendations that benefit the health, safety, and welfare of 9
	694	+	the public; 10
	695	+
	696	+	(14) Provide ongoing education and training for Board members to ensure 11
	697	+	that the Board members can competently discharge their duties; 12
	698	+
	699	+	(15) Direct educational outreach to and communicate with licensees and the 13
	700	+	public; 14
	701	+
	702	+	(16) Develop and adopt a budget that reflects revenues and supports the 15
	703	+	costs associated with each allied health profession regulated by the Board; 16
	704	+
	705	+	(17) Develop and approve an annual report and other required reports for 17
	706	+	submission to the Secretary, the Governor, the General Assembly, and the public; 18
	707	+
	708	+	(18) Approve contracts as needed and within budgetary limits; 19
	709	+
	710	+	(19) Appoint standing and ad hoc committees from among Board members 20
	711	+	as necessary; 21
	712	+
	713	+	(20) Delegate to the executive director of the Board the authority to 22
	714	+	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 23
	715	+	Board or disciplinary panel, and hold the executive director accountable to the Board; and 24
	716	+
	717	+	(21) Appoint members of the disciplinary panels. 25
	718	+
	719	+	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 26
	720	+	may: 27
	721	+
	722	+	(i) Adopt regulations to regulate the performance of acupuncture, 28
	723	+	but only to the extent authorized by [§ 14–504] § 14–526 of this title; 29
	724	+
	725	+	(ii) After consulting with the State Board of Pharmacy, adopt rules 30
	726	+	and regulations regarding the dispensing of prescription drugs by a licensed physician; 31 16 HOUSE BILL 1252
	727	+
	728	+
	729	+
	730	+	(iii) On receipt of a written and signed complaint, including a referral 1
	731	+	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 2
	732	+	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 3
	733	+	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 4
	734	+	center, to determine compliance at that office with the Centers for Disease Control and 5
	735	+	Prevention’s guidelines on universal precautions; and 6
	736	+
	737	+	(iv) Contract with others for the purchase of administrative and 7
	738	+	examination services to carry out the provisions of this title. 8
	739	+
	740	+	(2) The Board or a disciplinary panel may investigate an alleged violation 9
	741	+	of this title. 10
	742	+
	743	+	[(3) Subject to the Administrative Procedure Act and the hearing provisions 11
	744	+	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 12
	745	+	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 13
	746	+	applicant’s license for: 14
	747	+
	748	+	(i) Any of the reasons that are grounds for action under § 14–404, § 15
	749	+	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 16
	750	+	as applicable; or 17
	751	+
	752	+	(ii) Failure to complete a criminal history records check in 18
	753	+	accordance with § 14–308.1 of this title.] 19
	754	+
	755	+	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 20
	756	+	shall: 21
	757	+
	758	+	(i) Issue, for use in other jurisdictions, a certificate of professional 22
	759	+	standing to any [licensed physician] LICENSEE; and 23
	760	+
	761	+	(ii) Keep a list of all PENDING license applicants. 24
	762	+
	763	+	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 25
	764	+	are currently licensed. 26
	765	+
	766	+	(ii) The list shall include each [physician’s] LICENSEE’S designated 27
	767	+	public address. 28
	768	+
	769	+	(iii) A [physician’s] LICENSEE’S designated public address may be a 29
	770	+	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 30
	771	+	under paragraph (3) of this subsection, that is not a post office box. 31
	772	+
	773	+	(iv) Each list prepared under this paragraph shall be kept as a 32
	774	+	permanent record of the Board. 33 HOUSE BILL 1252 17
	775	+
	776	+
	777	+
	778	+	(v) The list of [currently licensed physicians] CURRENT 1
	779	+	LICENSEES is a public record. 2
	780	+
	781	+	(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 3
	782	+	designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 4
	783	+	communication between the [physician] LICENSEE and the Board. 5
	784	+
	785	+	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 6
	786	+	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 7
	787	+	at the time of initial licensure and license renewal. 8
	788	+
	789	+	(iii) A [physician] LICENSEE shall designate an address where the 9
	790	+	Board may send the [physician] LICENSEE mail. 10
	791	+
	792	+	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 11
	793	+	a public record and may not be released by the Board. 12
	794	+
	795	+	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 13
	796	+
	797	+	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 14
	798	+	ESTABLISHED UNDER TH IS TITLE GOVERNING : 15
	799	+
	800	+	(1) THE TERM OF OFFICE FO R MEMBERS; 16
	801	+
	802	+	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 17
	803	+
	804	+	(3) THE REMOVAL OF MEMBER S; AND 18
	805	+
	806	+	(4) THE DUTIES OF EACH OF FICER. 19
	807	+
	808	+	14–207. 20
	809	+
	810	+	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 21
	811	+	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 22
	812	+	HEALTH PROFESSIONALS . 23
	813	+
	814	+	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 24
	815	+	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 25
	816	+	UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 26
	817	+	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 27
	818	+	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 28
	819	+	14–401.1(D) of this title. 29
	820	+	18 HOUSE BILL 1252
	821	+
	822	+
	823	+	(3) Funds to cover the compensation and expenses of the Board members 1
	824	+	shall be generated by fees set under this section. 2
	825	+
	826	+	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 3
	827	+	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 4
	828	+	AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 5
	829	+
	830	+	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 6
	831	+	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 7
	832	+	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 8
	833	+	TITLE. 9
	834	+
	835	+	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 10
	836	+	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 11
	837	+	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 12
	838	+
	839	+	(II) THE BOARD SHALL PAY THE FEE COLLECTED UNDER 13
	840	+	PARAGRAPH (1) OF THIS SUBSECTION T O THE PHYSICIAN ASSISTANT 14
	841	+	PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 15
	842	+	GENERAL ARTICLE. 16
	843	+
	844	+	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 17
	845	+	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 18
	846	+	of the State. 19
	847	+
	848	+	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 20
	849	+	include in the State budget at least $400,000 for the operation of the Maryland Loan 21
	850	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 22
	851	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 23
	852	+	Comptroller shall distribute: 24
	853	+
	854	+	(i) $400,000 of the fees received from the Board to the Department 25
	855	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
	856	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
	857	+	Article to physicians and physician assistants engaged in primary care or to medical 28
	858	+	residents specializing in primary care who agree to practice for at least 2 years as primary 29
	859	+	care physicians in a geographic area of the State that has been designated by the Secretary 30
	860	+	as being medically underserved; and 31
	861	+
	862	+	(ii) The balance of the fees to the Board of Physicians Fund. 32
	863	+
	864	+	(2)] In fiscal year 2022, if the Governor does not include in the State budget 33
	865	+	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 34
	866	+	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 35
	867	+	Article, as administered by the Department, the Comptroller shall distribute: 36 HOUSE BILL 1252 19
	868	+
	869	+
	870	+
	871	+	(i) $1,000,000 of the fees received from the Board to the Department 1
	872	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 2
	873	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 3
	874	+	Article to physicians and physician assistants engaged in primary care or to medical 4
	875	+	residents specializing in primary care who agree to practice for at least 2 years as primary 5
	876	+	care physicians in a geographic area of the State that has been designated by the Secretary 6
	877	+	as being medically underserved; and 7
	878	+
	879	+	(ii) The balance of the fees to the Board of Physicians Fund. 8
	880	+
	881	+	[(3)] (2) In fiscal year 2023 and each fiscal year thereafter, if the 9
	882	+	Department does not implement a permanent funding structure under § 24–1702(b)(1) of 10
	883	+	the Health – General Article and the Governor does not include in the State budget at least 11
	884	+	$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 12
	885	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
	886	+	Article, as administered by the Department, the Comptroller shall distribute: 14
	887	+
	888	+	(i) $400,000 of the fees received from the Board to the Department 15
	889	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 16
	890	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 17
	891	+	Article to physicians and physician assistants engaged in primary care or to medical 18
	892	+	residents specializing in primary care who agree to practice for at least 2 years as primary 19
	893	+	care physicians in a geographic area of the State that has been designated by the Secretary 20
	894	+	as being medically underserved; and 21
	895	+
	896	+	(ii) The balance of the fees to the Board of Physicians Fund. 22
	897	+
	898	+	[(4)] (3) If the Governor includes in the State budget at least the amount 23
	899	+	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 24
	900	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 25
	901	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 26
	902	+	Comptroller shall distribute the fees to the Board of Physicians Fund. 27
	903	+
	904	+	(f) (1) In addition to the requirements of subsection (e) of this section, the 28
	905	+	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 29
	906	+	collected, and distributed to the Fund under this title. 30
	907	+
	908	+	(2) After review and approval by the Board of a budget submitted by the 31
	909	+	[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 32
	910	+	[Physician] Rehabilitation Program. 33
	911	+
	912	+	14–301. 34
	913	+	20 HOUSE BILL 1252
	914	+
	915	+
	916	+	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 1
	917	+	qualify for a license, an applicant shall be an individual who meets the requirements of this 2
	918	+	section. 3
	919	+
	920	+	(b) The applicant shall be of good moral character. 4
	921	+
	922	+	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 5
	923	+	shall be at least 18 years old. 6
	924	+
	925	+	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 7
	926	+
	927	+	(1) (i) Have a degree of doctor of medicine from a medical school that is 8
	928	+	accredited by an accrediting organization that the Board recognizes in its regulations; and 9
	929	+
	930	+	(ii) Submit evidence acceptable to the Board of successful completion 10
	931	+	of 1 year of training in a postgraduate medical training program that is accredited by an 11
	932	+	accrediting organization that the Board recognizes in its regulations; or 12
	933	+
	934	+	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 13
	935	+	in the United States, its territories or possessions, Puerto Rico, or Canada that has 14
	936	+	standards for graduation equivalent to those established by the American Osteopathic 15
	937	+	Association; and 16
	938	+
	939	+	(ii) Submit evidence acceptable to the Board of successful completion 17
	940	+	of 1 year of training in a postgraduate medical training program accredited by an 18
	941	+	accrediting organization that the Board recognizes in its regulations.] 19
	942	+
	943	+	(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 20
	944	+	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 21
	945	+
	946	+	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 22
	947	+	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 23
	948	+	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 24
	949	+
	950	+	(f) The applicant shall meet any other qualifications that the Board establishes 25
	951	+	in its regulations for license applicants. 26
	952	+
	953	+	[(g) An otherwise qualified applicant who passes the examination after having 27
	954	+	failed the examination or any part of the examination 3 or more times may qualify for a 28
	955	+	license only if the applicant: 29
	956	+
	957	+	(1) Has successfully completed 2 or more years of a residency or fellowship 30
	958	+	accredited by the Accreditation Council on Graduate Medical Education or the American 31
	959	+	Osteopathic Association; 32
	960	+
	961	+	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 33 HOUSE BILL 1252 21
	962	+
	963	+
	964	+
	965	+	1. In the United States or in Canada; 1
	966	+
	967	+	2. With at least 3 of the 5 years having occurred within 5 2
	968	+	years of the date of the application; and 3
	969	+
	970	+	3. That occurred under a full unrestricted license to practice 4
	971	+	medicine; and 5
	972	+
	973	+	(ii) Has no disciplinary action pending and has had no disciplinary 6
	974	+	action taken against the applicant that would be grounds for discipline under § 14–404 of 7
	975	+	this title; or 8
	976	+
	977	+	(3) Is board certified.] 9
	978	+
	979	+	[(h)] (G) (1) The Board shall require as part of its examination or licensing 10
	980	+	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 11
	981	+	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 12
	982	+
	983	+	(2) Graduation from a recognized English–speaking undergraduate 13
	984	+	school or high school, including General Education Development (GED), after at least 3 14
	985	+	years of enrollment, or from a recognized English–speaking professional school is 15
	986	+	acceptable as proof of proficiency in the oral communication of the English language under 16
	987	+	this section. 17
	988	+
	989	+	(3) By regulation, the Board shall develop a procedure for testing 18
	990	+	individuals who because of their speech impairment are unable to complete satisfactorily a 19
	991	+	Board approved standardized test of oral competency. 20
	992	+
	993	+	(4) If any disciplinary charges or action that involves a problem with 21
	994	+	the oral communication of the English language are brought against a licensee under this 22
	995	+	title, the Board shall require the licensee to take and pass a Board approved standardized 23
	996	+	test of oral competency. 24
	997	+
	998	+	[(i) The applicant shall complete a criminal history records check in accordance 25
	999	+	with § 14–308.1 of this subtitle. 26
	1000	+
	1001	+	(j) (1) The Board shall license an applicant to practice medicine if: 27
	1002	+
	1003	+	(i) The applicant: 28
	1004	+
	1005	+	1. Became licensed or certified as a physician in another 29
	1006	+	jurisdiction under requirements that the Board determines are substantially equivalent to 30
	1007	+	the licensing requirements of this title; 31
	1008	+
	1009	+	2. Is in good standing under the laws of the other 32
	1010	+	jurisdiction; 33 22 HOUSE BILL 1252
	1011	+
	1012	+
	1013	+
	1014	+	3. Submits an application to the Board on a form that the 1
	1015	+	Board requires; and 2
	1016	+
	1017	+	4. Pays to the Board an application fee set by the Board; and 3
	1018	+
	1019	+	(ii) The jurisdiction in which the applicant is licensed or certified 4
	1020	+	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 5
	1021	+	the Board. 6
	1022	+
	1023	+	(2) The Board shall adopt regulations to implement this subsection.] 7
	1024	+
	1025	+	14–303. 8
	1026	+
	1027	+	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 9
	1028	+
	1029	+	(1) Complete a criminal history records check in accordance with [§ 10
	1030	+	14–308.1] § 14–302 of this subtitle; 11
	1031	+
	1032	+	(2) Submit an application to the Board on the form that the Board requires; 12
	1033	+	and 13
	1034	+
	1035	+	(3) Pay to the Board the application fee set by the Board. 14
	1036	+
	1037	+	[(b) The Board may not release a list of applicants for licensure.] 15
	1038	+
	1039	+	14–304. 16
	1040	+
	1041	+	(b) (1) On receipt of the criminal history record information of an applicant for 17
	1042	+	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 18
	1043	+	in determining whether to issue a license, the Board shall consider: 19
	1044	+
	1045	+	(i) The age at which the crime was committed; 20
	1046	+
	1047	+	(ii) The nature of the crime; 21
	1048	+
	1049	+	(iii) The circumstances surrounding the crime; 22
	1050	+
	1051	+	(iv) The length of time that has passed since the crime; 23
	1052	+
	1053	+	(v) Subsequent work history; 24
	1054	+
	1055	+	(vi) Employment and character references; and 25
	1056	+
	1057	+	(vii) Other evidence that demonstrates whether the applicant poses a 26
	1058	+	threat to the public health or safety. 27 HOUSE BILL 1252 23
	1059	+
	1060	+
	1061	+
	1062	+	(2) The Board may not issue a license if the criminal history record 1
	1063	+	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 2
	1064	+
	1065	+	14–305. 3
	1066	+
	1067	+	(a) Except as otherwise provided in this title, a license authorizes the licensee to 4
	1068	+	practice [medicine] IN THIS STATE THE HEALTH OCCUPAT ION STATED ON THE 5
	1069	+	LICENSE ISSUED BY TH E BOARD while the license is effective. 6
	1070	+
	1071	+	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 7
	1072	+	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 8
	1073	+
	1074	+	14–306. 9
	1075	+
	1076	+	(a) (1) The term of a license issued by the Board may not exceed 3 years. 10
	1077	+
	1078	+	(2) A license expires on a date set by the Board, unless the license is 11
	1079	+	renewed for [a] AN ADDITIONAL term as provided in this section. 12
	1080	+
	1081	+	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 13
	1082	+	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 14
	1083	+	last known electronic or physical address of the licensee[: 15
	1084	+
	1085	+	(i) A] A renewal notice that states: 16
	1086	+
	1087	+	[1.] (I) The date on which the current license expires; 17
	1088	+
	1089	+	[2.] (II) The date by which the renewal application must be 18
	1090	+	received by the Board for the renewal to be issued and mailed before the license expires; 19
	1091	+	and 20
	1092	+
	1093	+	[3.] (III) The amount of the renewal fee[; and 21
	1094	+
	1095	+	(ii) A blank panel data sheet supplied by the Health Care 22
	1096	+	Alternative Dispute Resolution Office]. 23
	1097	+
	1098	+	(2) If the Board chooses to send renewal notices exclusively by electronic 24
	1099	+	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 25
	1100	+	first–class mail to a licensee on request of the licensee. 26
	1101	+
	1102	+	(c) (1) Before the license expires, the licensee periodically may renew it for an 27
	1103	+	additional term, if the licensee: 28
	1104	+
	1105	+	(i) Otherwise is entitled to be licensed; 29
	1106	+	24 HOUSE BILL 1252
	1107	+
	1108	+
	1109	+	(ii) Is of good moral character; 1
	1110	+
	1111	+	(iii) Pays to the Board a renewal fee set by the Board; [and] 2
	1112	+
	1113	+	(iv) Submits to the Board: 3
	1114	+
	1115	+	1. A renewal application on the form that the Board requires; 4
	1116	+	and 5
	1117	+
	1118	+	2. Satisfactory evidence of compliance with any continuing 6
	1119	+	education OR COMPETENCY requirements set under this section for license renewal; AND 7
	1120	+
	1121	+	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 8
	1122	+	REQUIREMENTS ESTABLI SHED BY THE BOARD. 9
	1123	+
	1124	+	(2) Within 30 days after a license renewal under Section 7 of the Interstate 10
	1125	+	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 11
	1126	+	shall submit to the Board the information required under paragraph (1)(iv) of this 12
	1127	+	subsection. 13
	1128	+
	1129	+	(d) (1) In addition to any other qualifications and requirements established by 14
	1130	+	the Board, the Board may establish continuing education OR COMPETENCY requirements 15
	1131	+	as a condition to the renewal of licenses under this section. 16
	1132	+
	1133	+	[(2) In establishing these requirements, the Board shall evaluate existing 17
	1134	+	methods, devices, and programs in use among the various medical specialties and other 18
	1135	+	recognized medical groups. 19
	1136	+
	1137	+	(3) The Board shall adopt regulations that allow a licensee seeking renewal 20
	1138	+	to receive up to 5 continuing education credits per renewal period for providing 21
	1139	+	uncompensated, voluntary medical services during each renewal period. 22
	1140	+
	1141	+	(4) The Board may not establish or enforce these requirements if they 23
	1142	+	would so reduce the number of physicians in a community as to jeopardize the availability 24
	1143	+	of adequate medical care in that community.] 25
	1144	+
	1145	+	[(5)] (2) The Board may not establish a continuing education requirement 26
	1146	+	that every licensee complete a specific course or program as a condition to the renewal of a 27
	1147	+	license under this section. 28
	1148	+
	1149	+	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 29
	1150	+	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 30
	1151	+	first offense, for the failure of a licensee to obtain the continuing medical education credits 31
	1152	+	required by the Board.] 32
	1153	+	HOUSE BILL 1252 25
	1154	+
	1155	+
	1156	+	(e) The Board shall renew the license of each licensee who meets the 1
	1157	+	requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 2
	1158	+	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 3
	1159	+	APPLICABLE. 4
	1160	+
	1161	+	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 5
	1162	+	change in the licensee’s name or address within 60 days after the change. 6
	1163	+
	1164	+	(2) If a licensee fails to notify the secretary of the Board within the time 7
	1165	+	required under this section, the licensee is subject to an administrative penalty of $100.] 8
	1166	+
	1167	+	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 9
	1168	+	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 10
	1169	+
	1170	+	(i) Renewal applicants as determined by regulations adopted by the 11
	1171	+	Board; and 12
	1172	+
	1173	+	(ii) Each former licensee who files for reinstatement under [§ 14–317 13
	1174	+	of this subtitle] THIS TITLE. 14
	1175	+
	1176	+	(2) On receipt of the criminal history record information of a licensee 15
	1177	+	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 16
	1178	+	determining whether disciplinary action should be taken, based on the criminal record 17
	1179	+	information, against a licensee who renewed or reinstated a license, the Board shall 18
	1180	+	consider: 19
	1181	+
	1182	+	(i) The age at which the crime was committed; 20
	1183	+
	1184	+	(ii) The nature of the crime; 21
	1185	+
	1186	+	(iii) The circumstances surrounding the crime; 22
	1187	+
	1188	+	(iv) The length of time that has passed since the crime; 23
	1189	+
	1190	+	(v) Subsequent work history; 24
	1191	+
	1192	+	(vi) Employment and character references; and 25
	1193	+
	1194	+	(vii) Other evidence that demonstrates whether the licensee poses a 26
	1195	+	threat to the public health or safety. 27
	1196	+
	1197	+	(3) The Board may renew or reinstate a license only if the licensee or 28
	1198	+	applicant attests that the licensee or applicant has submitted to a criminal history records 29
	1199	+	check under [§ 14–308.1] § 14–302 of this subtitle. 30
	1200	+
	1201	+	14–307. 31 26 HOUSE BILL 1252
	1202	+
	1203	+
	1204	+
	1205	+	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 1
	1206	+	to renew the license for any reason if the [physician] INDIVIDUAL: 2
	1207	+
	1208	+	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 3
	1209	+	AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 4
	1210	+	5E, 5F, 5G, OR 5H OF THIS TITLE; 5
	1211	+
	1212	+	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 6
	1213	+	THE BOARD REQUIRES ; 7
	1214	+
	1215	+	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 8
	1216	+
	1217	+	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 9
	1218	+	the qualifications and requirements established under this title for license reinstatements; 10
	1219	+	AND 11
	1220	+
	1221	+	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 12
	1222	+	REQUIREMENTS ESTABLI SHED BY THE BOARD. 13
	1223	+
	1224	+	14–401.1. 14
	1225	+
	1226	+	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 15
	1227	+	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 16
	1228	+	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 17
	1229	+	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 18
	1230	+	disciplinary panel. 19
	1231	+
	1232	+	(ii) If the complaint proceeds to a hearing and is referred to the other 20
	1233	+	disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 21
	1234	+	was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 22
	1235	+	may not: 23
	1236	+
	1237	+	1. Continue to handle the complaint; 24
	1238	+
	1239	+	2. Participate in any disciplinary proceedings regarding the 25
	1240	+	complaint; or 26
	1241	+
	1242	+	3. Determine the final disposition of the complaint. 27
	1243	+
	1244	+	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 28
	1245	+	enter into a written contract with an entity or individual for confidential physician peer 29
	1246	+	review of allegations based on § 14–404(a)(22) of this subtitle. 30
	1247	+
	1248	+	(2) A peer reviewer shall: 31 HOUSE BILL 1252 27
	1249	+
	1250	+
	1251	+
	1252	+	(i) Be board certified; 1
	1253	+
	1254	+	(ii) Have special qualifications to judge the matter at hand; 2
	1255	+
	1256	+	(iii) Have received a specified amount of medical experience and 3
	1257	+	training; 4
	1258	+
	1259	+	(iv) Have no formal actions against the peer reviewer’s own license; 5
	1260	+
	1261	+	(v) Receive training in peer review; 6
	1262	+
	1263	+	(vi) Have a standard format for peer review reports; and 7
	1264	+
	1265	+	(vii) To the extent practicable, be licensed and engaged in the practice 8
	1266	+	of medicine in the State. 9
	1267	+
	1268	+	(3) The Board may consult with the appropriate specialty health care 10
	1269	+	provider societies in the State to obtain a list of physicians qualified to provide peer review 11
	1270	+	services. 12
	1271	+
	1272	+	(4)] For purposes of peer review, the Board may use sole source 13
	1273	+	procurement under § 13–107 of the State Finance and Procurement Article. 14
	1274	+
	1275	+	[(5)] (2) The hearing of charges may not be stayed or challenged because 15
	1276	+	of the selection of peer reviewers under this subsection before the filing of charges. 16
	1277	+
	1278	+	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 17
	1279	+	contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 18
	1280	+	90 days for completion of peer review. 19
	1281	+
	1282	+	(2) The entity or individual peer reviewer may apply to the Board for an 20
	1283	+	extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 21
	1284	+	§ 14–515(D)(1) OF THIS TITLE. 22
	1285	+
	1286	+	(3) If an extension is not granted, and 90 days have elapsed, the Board may 23
	1287	+	contract with any other entity or individual who meets the requirements of [subsection 24
	1288	+	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 25
	1289	+
	1290	+	(4) If an extension has been granted, and 120 days have elapsed, the Board 26
	1291	+	may contract with any other entity or individual who meets the requirements of [subsection 27
	1292	+	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 28
	1293	+
	1294	+	[(g)] (D) The Board shall issue a request for proposals and enter into a written 29
	1295	+	contract with a nonprofit entity to provide rehabilitation services for physicians or other 30
	1296	+	allied health professionals directed by the Board to receive rehabilitation services. 31 28 HOUSE BILL 1252
	1297	+
	1298	+
	1299	+
	1300	+	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 1
	1301	+	matters and the mediation of fee disputes coming before it, the Board may contract with an 2
	1302	+	entity or entities for the purchase of investigatory, mediation, and related services. 3
	1303	+
	1304	+	(2) Services that may be contracted for under this subsection include the 4
	1305	+	services of: 5
	1306	+
	1307	+	(i) Investigators; 6
	1308	+
	1309	+	(ii) Attorneys; 7
	1310	+
	1311	+	(iii) Accountants; 8
	1312	+
	1313	+	(iv) Expert witnesses; 9
	1314	+
	1315	+	(v) Consultants; and 10
	1316	+
	1317	+	(vi) Mediators. 11
	1318	+
	1319	+	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 12
	1320	+	oaths in connection with any investigation under this section and any hearing or proceeding 13
	1321	+	before it. 14
	1322	+
	1323	+	[(j)] (G) (1) It is the intent of this section that the disposition of every 15
	1324	+	complaint against a licensee that sets forth allegations of grounds for disciplinary action 16
	1325	+	filed with the Board shall be completed as expeditiously as possible and, in any event, 17
	1326	+	within 18 months after the complaint was received by the Board. 18
	1327	+
	1328	+	(2) If a disciplinary panel is unable to complete the disposition of a 19
	1329	+	complaint within 1 year, the Board shall include in the record of that complaint a detailed 20
	1330	+	explanation of the reason for the delay. 21
	1331	+
	1332	+	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 22
	1333	+	health professional to discuss the proposed disposition of a complaint, shall provide an 23
	1334	+	opportunity to appear before the disciplinary panel to both the licensee who has been 24
	1335	+	charged and the individual who has filed the complaint against the licensee giving rise to 25
	1336	+	the charge. 26
	1337	+
	1338	+	14–401.2. 27
	1339	+
	1340	+	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 28
	1341	+	relief against an individual for: 29
	1342	+
	1343	+	(1) Practicing a profession regulated under this title [or Title 15 of this 30
	1344	+	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 31 HOUSE BILL 1252 29
	1345	+
	1346	+
	1347	+
	1348	+	(2) Representing to the public, by title, description of services, methods, 1
	1349	+	procedures, or otherwise, that the individual is authorized to practice: 2
	1350	+
	1351	+	(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 3
	1352	+	title; 4
	1353	+
	1354	+	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 5
	1355	+	title; 6
	1356	+
	1357	+	(iii) Radiation therapy, radiography, nuclear medicine technology, or 7
	1358	+	radiation assistance in this State, in violation of § 14–5B–18 of this title; 8
	1359	+
	1360	+	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 9
	1361	+	title; 10
	1362	+
	1363	+	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 11
	1364	+	this title; 12
	1365	+
	1366	+	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 13
	1367	+
	1368	+	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 14
	1369	+	of this title; [or] 15
	1370	+
	1371	+	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 16
	1372	+	14–5G–24 OF THIS TITLE; OR 17
	1373	+
	1374	+	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 18
	1375	+	this article] § 14–5H–19 OF THIS TITLE; or 19
	1376	+
	1377	+	(3) Taking any action: 20
	1378	+
	1379	+	(i) For which a disciplinary panel determines there is a 21
	1380	+	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 22
	1381	+	and 23
	1382	+
	1383	+	(ii) That poses a serious risk to the health, safety, and welfare of a 24
	1384	+	patient. 25
	1385	+
	1386	+	14–402. 26
	1387	+
	1388	+	(a) In reviewing an application for licensure or in investigating an allegation 27
	1389	+	brought against a licensed physician or any allied health professional regulated by the 28
	1390	+	Board under this title, the [Physician] Rehabilitation Program may request the Board to 29
	1391	+	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 30 30 HOUSE BILL 1252
	1392	+
	1393	+
	1394	+	physician or any allied health professional regulated by the Board under this title to submit 1
	1395	+	to an appropriate examination. 2
	1396	+
	1397	+	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 3
	1398	+	to submit to an examination is prima facie evidence of the licensed individual’s OR 4
	1399	+	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 5
	1400	+	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 6
	1401	+	the licensed individual OR APPLICANT . 7
	1402	+
	1403	+	(e) (1) The Board or the entity or entities with which the Board contracts shall 8
	1404	+	appoint the members of the [Physician] Rehabilitation Program. 9
	1405	+
	1406	+	(2) The chair of the Board shall appoint one member of the Board to serve 10
	1407	+	as a liaison to the [Physician] Rehabilitation Program. 11
	1408	+
	1409	+	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 12
	1410	+	Auditor as provided in § 2–1220 of the State Government Article. 13
	1411	+
	1412	+	14–404. 14
	1413	+
	1414	+	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 15
	1415	+	PROVISIONS OF § 14–405 OF THIS SUBTITLE, A DISCIPLINARY PANEL MAY DENY A 16
	1416	+	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 17
	1417	+	APPLICANT’S LICENSE, REFUSE TO RENEW OR REINSTATE A N APPLICANT’S LICENSE 18
	1418	+	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 19
	1419	+	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 20
	1420	+	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 21
	1421	+
	1422	+	14–405. 22
	1423	+
	1424	+	(a) Except as otherwise provided in the Administrative Procedure Act, before the 23
	1425	+	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 24
	1426	+	or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 25
	1427	+	14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 26
	1428	+	it shall give the individual against whom the action is contemplated an opportunity for a 27
	1429	+	hearing before a hearing officer. 28
	1430	+
	1431	+	[(g)] (F) The hearing of charges may not be stayed or challenged by any 29
	1432	+	procedural defects alleged to have occurred prior to the filing of charges. 30
	1433	+
	1434	+	14–406. 31
	1435	+
	1436	+	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 32
	1437	+	panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 33
	1438	+	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 34 HOUSE BILL 1252 31
	1439	+
	1440	+
	1441	+	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 1
	1442	+	with the Administrative Procedure Act. 2
	1443	+
	1444	+	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 3
	1445	+	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 4
	1446	+	14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 5
	1447	+	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 6
	1448	+
	1449	+	(1) Immediately shall dismiss the charges and exonerate the licensee; 7
	1450	+
	1451	+	(2) (i) Except as provided in item (ii) of this item, shall expunge all 8
	1452	+	records of the charges 3 years after the charges are dismissed; or 9
	1453	+
	1454	+	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 10
	1455	+	a document releasing the Board from any liability related to the charges, shall immediately 11
	1456	+	expunge all records of the charges; and 12
	1457	+
	1458	+	(3) May not take any further action on the charges. 13
	1459	+
	1460	+	14–409. 14
	1461	+
	1462	+	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 15
	1463	+	ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 16
	1464	+	PANEL, may reinstate the license of an individual whose license has been surrendered or 17
	1465	+	revoked under this title only in accordance with: 18
	1466	+
	1467	+	(i) The terms and conditions of the order of revocation or letter of 19
	1468	+	surrender; 20
	1469	+
	1470	+	(ii) An order of reinstatement issued by the disciplinary panel; or 21
	1471	+
	1472	+	(iii) A final judgment in any proceeding for review. 22
	1473	+
	1474	+	(2) If a license is surrendered or revoked for a period of more than 1 year, 23
	1475	+	the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 24
	1476	+
	1477	+	(i) Meets the requirements for reinstatement as established by the 25
	1478	+	Board; and 26
	1479	+
	1480	+	(ii) Completes a criminal history records check in accordance with [§ 27
	1481	+	14–308.1] § 14–302 of this title. 28
	1482	+
	1483	+	(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 29
	1484	+	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 30
	1485	+	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 31 32 HOUSE BILL 1252
	1486	+
	1487	+
	1488	+	conviction or plea subsequently is overturned at any stage of an appeal or other 1
	1489	+	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 2
	1490	+
	1491	+	14–411. 3
	1492	+
	1493	+	(d) The Board shall disclose any information contained in a record to: 4
	1494	+
	1495	+	(1) A committee of a hospital, health maintenance organization, or related 5
	1496	+	institution if: 6
	1497	+
	1498	+	(i) The committee of a medical hospital staff concerned with 7
	1499	+	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 8
	1500	+	organization, or related institution requests the information in writing; 9
	1501	+
	1502	+	(ii) A disciplinary panel has issued an order as to a [licensed 10
	1503	+	physician] LICENSEE on whom the information is requested; and 11
	1504	+
	1505	+	(iii) The Board determines that the information requested is 12
	1506	+	necessary for an investigation or action of the committee as to a medical privilege of a 13
	1507	+	[licensed physician] LICENSEE; or 14
	1508	+
	1509	+	(2) The Secretary, the Office of Health Care Quality in the Department, 15
	1510	+	the Maryland Health Care Commission, or the Health Services Cost Review Commission 16
	1511	+	for the purpose of investigating quality or utilization of care in any entity regulated by the 17
	1512	+	Office of Health Care Quality or the Health Services Cost Review Commission. 18
	1513	+
	1514	+	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 19
	1515	+	or other health care facilities where a [physician or an allied health professional] 20
	1516	+	LICENSEE regulated by the Board has privileges, has a provider contract with a health 21
	1517	+	maintenance organization, or is employed of a complaint or report filed against that 22
	1518	+	[physician] LICENSEE, if: 23
	1519	+
	1520	+	(i) The Board determines, in its discretion, that the hospital, health 24
	1521	+	maintenance organization, or health care facility should be informed about the report or 25
	1522	+	complaint; 26
	1523	+
	1524	+	(ii) The nature of the complaint suggests a reasonable possibility of 27
	1525	+	an imminent threat to patient safety; or 28
	1526	+
	1527	+	(iii) The complaint or report was as a result of a claim filed in the 29
	1528	+	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 30
	1529	+	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 31
	1530	+
	1531	+	(2) The Board shall disclose any information pertaining to a [physician’s] 32
	1532	+	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 33 HOUSE BILL 1252 33
	1533	+
	1534	+
	1535	+	to a committee of a hospital, health maintenance organization, or other health care facility 1
	1536	+	if: 2
	1537	+
	1538	+	(i) The committee is concerned with [physician] LICENSEE 3
	1539	+	discipline and requests the information in writing; and 4
	1540	+
	1541	+	(ii) The Board has received a complaint or report pursuant to 5
	1542	+	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 6
	1543	+	the information is requested. 7
	1544	+
	1545	+	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 8
	1546	+	this subtitle, notify those hospitals, health maintenance organizations, or health care 9
	1547	+	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 10
	1548	+	health maintenance organization, or is employed of its formal action within 10 days after 11
	1549	+	the action is taken and shall provide the hospital, health maintenance organization, or 12
	1550	+	health care facility with periodic reports as to enforcement or monitoring of a formal 13
	1551	+	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 14
	1552	+	reports. 15
	1553	+
	1554	+	(h) On the request of a person who has made a complaint to the Board regarding 16
	1555	+	a [physician] LICENSEE, the Board shall provide the person with information on the status 17
	1556	+	of the complaint. 18
	1557	+
	1558	+	(j) The Board may disclose any information contained in a record to a licensing 19
	1559	+	or disciplinary authority of another state if: 20
	1560	+
	1561	+	(1) The licensing or disciplinary authority of another state that regulates 21
	1562	+	[licensed physicians] LICENSEES in that state requests the information in writing; and 22
	1563	+
	1564	+	(2) The disclosure of any information is limited to the pendency of an 23
	1565	+	allegation of a ground for disciplinary or other action by a disciplinary panel until: 24
	1566	+
	1567	+	(i) The disciplinary panel has passed an order under § 14–406 of 25
	1568	+	this subtitle; or 26
	1569	+
	1570	+	(ii) A [licensed physician] LICENSEE on whom the information is 27
	1571	+	requested authorizes a disclosure as to the facts of an allegation or the results of an 28
	1572	+	investigation before the Board. 29
	1573	+
	1574	+	(k) The Board may disclose any information contained in a record to a person if: 30
	1575	+
	1576	+	(1) A [licensed physician] LICENSEE on whom any information is 31
	1577	+	requested authorizes the person to receive the disclosure; 32
	1578	+
	1579	+	(2) The person requests the information in writing; and 33
	1580	+	34 HOUSE BILL 1252
	1581	+
	1582	+
	1583	+	(3) The authorization for the disclosure is in writing. 1
	1584	+
	1585	+	(p) (1) The Board may publish a summary of any allegations of grounds for 2
	1586	+	disciplinary or other action. 3
	1587	+
	1588	+	(2) A summary may not identify: 4
	1589	+
	1590	+	(i) Any person who makes an allegation to the Board or any of its 5
	1591	+	investigatory bodies; 6
	1592	+
	1593	+	(ii) A [licensed physician] LICENSEE about whom an allegation is 7
	1594	+	made; or 8
	1595	+
	1596	+	(iii) A witness in an investigation or a proceeding before the Board or 9
	1597	+	any of its investigatory bodies. 10
	1598	+
	1599	+	14–411.1. 11
	1600	+
	1601	+	(b) The Board shall create and maintain a public individual profile on each 12
	1602	+	licensee that includes the following information: 13
	1603	+
	1604	+	(1) A summary of charges filed against the licensee, including a copy of the 14
	1605	+	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 15
	1606	+	of this subtitle based on the charges or has rescinded the charges; 16
	1607	+
	1608	+	(2) A description of any disciplinary action taken by the Board or a 17
	1609	+	disciplinary panel against the licensee within the most recent 10–year period that includes 18
	1610	+	a copy of the public order; 19
	1611	+
	1612	+	(3) A description in summary form of any final disciplinary action taken by 20
	1613	+	a licensing board in any other state or jurisdiction against the licensee within the most 21
	1614	+	recent 10–year period; 22
	1615	+
	1616	+	(4) A description of a conviction or entry of a plea of guilty or nolo 23
	1617	+	contendere by the licensee for a crime involving moral turpitude reported to the Board 24
	1618	+	under § 14–416 of this subtitle; and 25
	1619	+
	1620	+	[(5) As reported to the Board by the licensee, education and practice 26
	1621	+	information about the licensee including: 27
	1622	+
	1623	+	(i) The name of any medical school that the licensee attended and 28
	1624	+	the date on which the licensee graduated from the school; 29
	1625	+
	1626	+	(ii) A description of any internship and residency training; 30
	1627	+	HOUSE BILL 1252 35
	1628	+
	1629	+
	1630	+	(iii) A description of any specialty board certification by a recognized 1
	1631	+	board of the American Board of Medical Specialties or the American Osteopathic 2
	1632	+	Association; 3
	1633	+
	1634	+	(iv) The name of any hospital where the licensee has medical 4
	1635	+	privileges; 5
	1636	+
	1637	+	(v) The location of the licensee’s primary practice setting; 6
	1638	+
	1639	+	(vi) Whether the licensee participates in the Maryland Medical 7
	1640	+	Assistance Program; 8
	1641	+
	1642	+	(vii) Whether the licensee maintains medical professional liability 9
	1643	+	insurance; and 10
	1644	+
	1645	+	(viii) The number of medical malpractice final court judgments and 11
	1646	+	arbitration awards against the licensee within the most recent 10–year period.] 12
	1647	+
	1648	+	(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 13
607	1649		OF THIS TITLE. 14
608	1650
609		-	(3) “Practice medicine” does not include: 15
610		-
611		-	(i) Selling any nonprescription drug or medicine; 16
612		-
613		-	(ii) Practicing as an optician; or 17
614		-
615		-	(iii) Performing a massage or other manipulation by hand, but by no 18
616		-	other means. 19
617		-
618		-	(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 20
619		-	OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 21
620		-	14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 22
621		-	IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS REGU LATED BY THE 23
622		-	BOARD WHO ARE DIRECTE D BY THE BOARD TO RECEIVE TREA TMENT AND 24
623		-	REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 25
624		-	PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS . 26
625		-
626		-	14–102. 27
627		-
628		-	(a) This title does not limit the right of: 28
629		-	14 HOUSE BILL 1252
630		-
631		-
632		-	(1) An individual to practice a health occupation that the individual is 1
633		-	authorized to practice under this article; [or] 2
634		-
635		-	(2) A Christian Science practitioner, who is accredited by the First Church 3
636		-	of Christ, Scientist, in Boston, Massachusetts, from: 4
637		-
638		-	(i) Dealing with human ills in accordance with the tenets of 5
639		-	Christian Science; and 6
640		-
641		-	(ii) Charging for services[.]; 7
642		-
643		-	(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 8
644		-	HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 9
645		-	OF THE HEALTH – GENERAL ARTICLE; OR 10
646		-
647		-	(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 11
648		-	RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 12
649		-	PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 13
650		-	LABORATORY . 14
651		-
652		-	14–205. 15
653		-
654		-	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 16
655		-	this article], the Board shall: 17
656		-
657		-	(1) Enforce this title [and Title 15 of this article]; 18
658		-
659		-	(2) Adopt regulations to carry out the provisions of this title [and Title 15 19
660		-	of this article]; 20
661		-
662		-	(3) Establish policies for Board operations; 21
663		-
664		-	(4) Maintain the rules, regulations, and policies of the Board so that the 22
665		-	rules, regulations, and policies reflect the current practices of the Board; 23
666		-
667		-	(5) Oversee: 24
668		-
669		-	(i) The licensing requirements for physicians and the allied health 25
670		-	professionals; and 26
671		-
672		-	(ii) The issuance and renewal of licenses; 27
673		-
674		-	(6) Maintain secure and complete records; 28
675		-	HOUSE BILL 1252 15
676		-
677		-
678		-	(7) Review and preliminarily investigate complaints, including 1
679		-	acknowledging receipt of complaints and informing complainants of the final disposition of 2
680		-	complaints; 3
681		-
682		-	(8) Develop and implement methods to: 4
683		-
684		-	(i) Assess and improve licensee practices; and 5
685		-
686		-	(ii) Ensure the ongoing competence of licensees; 6
687		-
688		-	(9) Ensure that an opportunity for a hearing is provided to an individual, 7
689		-	in accordance with law, before any action is taken against the individual; 8
690		-
691		-	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 9
692		-
693		-	(11) Report on all disciplinary actions, license denials, and license 10
694		-	surrenders; 11
695		-
696		-	(12) Establish appropriate fees that are adequate to fund the effective 12
697		-	regulation of physicians and allied health professionals; 13
698		-
699		-	(13) Make recommendations that benefit the health, safety, and welfare of 14
700		-	the public; 15
701		-
702		-	(14) Provide ongoing education and training for Board members to ensure 16
703		-	that the Board members can competently discharge their duties; 17
704		-
705		-	(15) Direct educational outreach to and communicate with licensees and the 18
706		-	public; 19
707		-
708		-	(16) Develop and adopt a budget that reflects revenues and supports the 20
709		-	costs associated with each allied health profession regulated by the Board; 21
710		-
711		-	(17) Develop and approve an annual report and other required reports for 22
712		-	submission to the Secretary, the Governor, the General Assembly, and the public; 23
713		-
714		-	(18) Approve contracts as needed and within budgetary limits; 24
715		-
716		-	(19) Appoint standing and ad hoc committees from among Board members 25
717		-	as necessary; 26
718		-
719		-	(20) Delegate to the executive director of the Board the authority to 27
720		-	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 28
721		-	Board or disciplinary panel, and hold the executive director accountable to the Board; and 29
722		-
723		-	(21) Appoint members of the disciplinary panels. 30
724		-	16 HOUSE BILL 1252
725		-
726		-
727		-	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 1
728		-	may: 2
729		-
730		-	(i) Adopt regulations to regulate the performance of acupuncture, 3
731		-	but only to the extent authorized by [§ 14–504] § 14–526 of this title; 4
732		-
733		-	(ii) After consulting with the State Board of Pharmacy, adopt rules 5
734		-	and regulations regarding the dispensing of prescription drugs by a licensed physician; 6
735		-
736		-	(iii) On receipt of a written and signed complaint, including a referral 7
737		-	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 8
738		-	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 9
739		-	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 10
740		-	center, to determine compliance at that office with the Centers for Disease Control and 11
741		-	Prevention’s guidelines on universal precautions; and 12
742		-
743		-	(iv) Contract with others for the purchase of administrative and 13
744		-	examination services to carry out the provisions of this title. 14
745		-
746		-	(2) The Board or a disciplinary panel may investigate an alleged violation 15
747		-	of this title. 16
748		-
749		-	[(3) Subject to the Administrative Procedure Act and the hearing provisions 17
750		-	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 18
751		-	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 19
752		-	applicant’s license for: 20
753		-
754		-	(i) Any of the reasons that are grounds for action under § 14–404, § 21
755		-	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 22
756		-	as applicable; or 23
757		-
758		-	(ii) Failure to complete a criminal history records check in 24
759		-	accordance with § 14–308.1 of this title.] 25
760		-
761		-	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 26
762		-	shall: 27
763		-
764		-	(i) Issue, for use in other jurisdictions, a certificate of professional 28
765		-	standing to any [licensed physician] LICENSEE; and 29
766		-
767		-	(ii) Keep a list of all PENDING license applicants. 30
768		-
769		-	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 31
770		-	are currently licensed. 32
771		-	HOUSE BILL 1252 17
772		-
773		-
774		-	(ii) The list shall include each [physician’s] LICENSEE’S designated 1
775		-	public address. 2
776		-
777		-	(iii) A [physician’s] LICENSEE’S designated public address may be a 3
778		-	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 4
779		-	under paragraph (3) of this subsection, that is not a post office box. 5
780		-
781		-	(iv) Each list prepared under this paragraph shall be kept as a 6
782		-	permanent record of the Board. 7
783		-
784		-	(v) The list of [currently licensed physicians] CURRENT 8
785		-	LICENSEES is a public record. 9
786		-
787		-	(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 10
788		-	designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 11
789		-	communication between the [physician] LICENSEE and the Board. 12
790		-
791		-	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 13
792		-	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 14
793		-	at the time of initial licensure and license renewal. 15
794		-
795		-	(iii) A [physician] LICENSEE shall designate an address where the 16
796		-	Board may send the [physician] LICENSEE mail. 17
797		-
798		-	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 18
799		-	a public record and may not be released by the Board. 19
800		-
801		-	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 20
802		-
803		-	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 21
804		-	ESTABLISHED UNDER THIS TITLE GOV ERNING: 22
805		-
806		-	(1) THE TERM OF OFFICE FO R MEMBERS; 23
807		-
808		-	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 24
809		-
810		-	(3) THE REMOVAL OF MEMBER S; AND 25
811		-
812		-	(4) THE DUTIES OF EACH OF FICER. 26
813		-
814		-	14–207. 27
815		-
816		-	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 28
817		-	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 29
818		-	HEALTH PROFESSIONALS . 30 18 HOUSE BILL 1252
819		-
820		-
821		-
822		-	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 1
823		-	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 2
824		-	UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 3
825		-	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 4
826		-	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 5
827		-	14–401.1(D) of this title. 6
828		-
829		-	(3) Funds to cover the compensation and expenses of the Board members 7
830		-	shall be generated by fees set under this section. 8
831		-
832		-	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 9
833		-	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 10
834		-	AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 11
835		-
836		-	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 12
837		-	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 13
838		-	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 14
839		-	TITLE. 15
840		-
841		-	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 16
842		-	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 17
843		-	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 18
844		-
845		-	(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 19
846		-	PARAGRAPH (1) OF THIS SUBSECTION T O THE PHYSICIAN ASSISTANT 20
847		-	PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 21
848		-	GENERAL ARTICLE. 22
849		-
850		-	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 23
851		-	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 24
852		-	of the State. 25
853		-
854		-	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 26
855		-	include in the State budget at least $400,000 for the operation of the Maryland Loan 27
856		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 28
857		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 29
858		-	Comptroller shall distribute: 30
859		-
860		-	(i) $400,000 of the fees received from the Board to the Department 31
861		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 32
862		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 33
863		-	Article to physicians and physician assistants engaged in primary care or to medical 34
864		-	residents specializing in primary care who agree to practice for at least 2 years as primary 35 HOUSE BILL 1252 19
865		-
866		-
867		-	care physicians in a geographic area of the State that has been designated by the Secretary 1
868		-	as being medically underserved; and 2
869		-
870		-	(ii) The balance of the fees to the Board of Physicians Fund. 3
871		-
872		-	(2)] In fiscal year 2022, if the Governor does not include in the State budget 4
873		-	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 5
874		-	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 6
875		-	Article, as administered by the Department, the Comptroller shall distribute: 7
876		-
877		-	(i) $1,000,000 of the fees received from the Board to the Department 8
878		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 9
879		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 10
880		-	Article to physicians and physician assistants engaged in primary care or to medical 11
881		-	residents specializing in primary care who agree to practice for at least 2 years as primary 12
882		-	care physicians in a geographic area of the State that has been designated by the Secretary 13
883		-	as being medically underserved; and 14
884		-
885		-	(ii) The balance of the fees to the Board of Physicians Fund. 15
886		-
887		-	[(3)] (2) In fiscal year 2023 and each fiscal year thereafter, if the 16
888		-	Department does not implement a permanent funding structure under § 24–1702(b)(1) of 17
889		-	the Health – General Article and the Governor does not include in the State budget at least 18
890		-	$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 19
891		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 20
892		-	Article, as administered by the Department, the Comptroller shall distribute: 21
893		-
894		-	(i) $400,000 of the fees received from the Board to the Department 22
895		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 23
896		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 24
897		-	Article to physicians and physician assistants engaged in primary care or to medical 25
898		-	residents specializing in primary care who agree to practice for at least 2 years as primary 26
899		-	care physicians in a geographic area of the State that has been designated by the Secretary 27
900		-	as being medically underserved; and 28
901		-
902		-	(ii) The balance of the fees to the Board of Physicians Fund. 29
903		-
904		-	[(4)] (3) If the Governor includes in the State budget at least the amount 30
905		-	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 31
906		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 32
907		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 33
908		-	Comptroller shall distribute the fees to the Board of Physicians Fund. 34
909		-
910		-	(f) (1) In addition to the requirements of subsection (e) of this section, the 35
911		-	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 36
912		-	collected, and distributed to the Fund under this title. 37
913		-	20 HOUSE BILL 1252
914		-
915		-
916		-	(2) After review and approval by the Board of a budget submitted by the 1
917		-	[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 2
918		-	[Physician] Rehabilitation Program. 3
919		-
920		-	14–301. 4
921		-
922		-	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 5
923		-	qualify for a license, an applicant shall be an individual who meets the requirements of this 6
924		-	section. 7
925		-
926		-	(b) The applicant shall be of good moral character. 8
927		-
928		-	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 9
929		-	shall be at least 18 years old. 10
930		-
931		-	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 11
932		-
933		-	(1) (i) Have a degree of doctor of medicine from a medical school that is 12
934		-	accredited by an accrediting organization that the Board recognizes in its regulations; and 13
935		-
936		-	(ii) Submit evidence acceptable to the Board of successful completion 14
937		-	of 1 year of training in a postgraduate medical training program that is accredited by an 15
938		-	accrediting organization that the Board recognizes in its regulations; or 16
939		-
940		-	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 17
941		-	in the United States, its territories or possessions, Puerto Rico, or Canada that has 18
942		-	standards for graduation equivalent to those established by the American Osteopathic 19
943		-	Association; and 20
944		-
945		-	(ii) Submit evidence acceptable to the Board of successful completion 21
946		-	of 1 year of training in a postgraduate medical training program accredited by an 22
947		-	accrediting organization that the Board recognizes in its regulations.] 23
948		-
949		-	(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 24
950		-	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 25
951		-
952		-	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 26
953		-	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 27
954		-	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 28
955		-
956		-	(f) The applicant shall meet any other qualifications that the Board establishes 29
957		-	in its regulations for license applicants. 30
958		-
959		-	[(g) An otherwise qualified applicant who passes the examination after having 31
960		-	failed the examination or any part of the examination 3 or more times may qualify for a 32
961		-	license only if the applicant: 33 HOUSE BILL 1252 21
962		-
963		-
964		-
965		-	(1) Has successfully completed 2 or more years of a residency or fellowship 1
966		-	accredited by the Accreditation Council on Graduate Medical Education or the American 2
967		-	Osteopathic Association; 3
968		-
969		-	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 4
970		-
971		-	1. In the United States or in Canada; 5
972		-
973		-	2. With at least 3 of the 5 years having occurred within 5 6
974		-	years of the date of the application; and 7
975		-
976		-	3. That occurred under a full unrestricted license to practice 8
977		-	medicine; and 9
978		-
979		-	(ii) Has no disciplinary action pending and has had no disciplinary 10
980		-	action taken against the applicant that would be grounds for discipline under § 14–404 of 11
981		-	this title; or 12
982		-
983		-	(3) Is board certified.] 13
984		-
985		-	[(h)] (G) (1) The Board shall require as part of its examination or licensing 14
986		-	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 15
987		-	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 16
988		-
989		-	(2) Graduation from a recognized English–speaking undergraduate 17
990		-	school or high school, including General Education Development (GED), after at least 3 18
991		-	years of enrollment, or from a recognized English–speaking professional school is 19
992		-	acceptable as proof of proficiency in the oral communication of the English language under 20
993		-	this section. 21
994		-
995		-	(3) By regulation, the Board shall develop a procedure for testing 22
996		-	individuals who because of their speech impairment are unable to complete satisfactorily a 23
997		-	Board approved standardized test of oral competency. 24
998		-
999		-	(4) If any disciplinary charges or action that involves a problem with 25
1000		-	the oral communication of the English language are brought against a licensee under this 26
1001		-	title, the Board shall require the licensee to take and pass a Board approved standardized 27
1002		-	test of oral competency. 28
1003		-
1004		-	[(i) The applicant shall complete a criminal history records check in accordance 29
1005		-	with § 14–308.1 of this subtitle. 30
1006		-
1007		-	(j) (1) The Board shall license an applicant to practice medicine if: 31
1008		-
1009		-	(i) The applicant: 32
1010		-	22 HOUSE BILL 1252
1011		-
1012		-
1013		-	1. Became licensed or certified as a physician in another 1
1014		-	jurisdiction under requirements that the Board determines are substantially equivalent to 2
1015		-	the licensing requirements of this title; 3
1016		-
1017		-	2. Is in good standing under the laws of the ot her 4
1018		-	jurisdiction; 5
1019		-
1020		-	3. Submits an application to the Board on a form that the 6
1021		-	Board requires; and 7
1022		-
1023		-	4. Pays to the Board an application fee set by the Board; and 8
1024		-
1025		-	(ii) The jurisdiction in which the applicant is licensed or certified 9
1026		-	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 10
1027		-	the Board. 11
1028		-
1029		-	(2) The Board shall adopt regulations to implement this subsection.] 12
1030		-
1031		-	14–303. 13
1032		-
1033		-	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 14
1034		-
1035		-	(1) Complete a criminal history records check in accordance with [§ 15
1036		-	14–308.1] § 14–302 of this subtitle; 16
1037		-
1038		-	(2) Submit an application to the Board on the form that the Board requires; 17
1039		-	and 18
1040		-
1041		-	(3) Pay to the Board the application fee set by the Board. 19
1042		-
1043		-	[(b) The Board may not release a list of applicants for licensure.] 20
1044		-
1045		-	14–304. 21
1046		-
1047		-	(b) (1) On receipt of the criminal history record information of an applicant for 22
1048		-	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 23
1049		-	in determining whether to issue a license, the Board shall consider: 24
1050		-
1051		-	(i) The age at which the crime was committed; 25
1052		-
1053		-	(ii) The nature of the crime; 26
1054		-
1055		-	(iii) The circumstances surrounding the crime; 27
1056		-
1057		-	(iv) The length of time that has passed since the crime; 28
1058		-	HOUSE BILL 1252 23
1059		-
1060		-
1061		-	(v) Subsequent work history; 1
1062		-
1063		-	(vi) Employment and character references; and 2
1064		-
1065		-	(vii) Other evidence that demonstrates whether the applicant poses a 3
1066		-	threat to the public health or safety. 4
1067		-
1068		-	(2) The Board may not issue a license if the criminal history record 5
1069		-	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 6
1070		-
1071		-	14–305. 7
1072		-
1073		-	(a) Except as otherwise provided in this title, a license authorizes the licensee to 8
1074		-	practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 9
1075		-	LICENSE ISSUED BY TH E BOARD while the license is effective. 10
1076		-
1077		-	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 11
1078		-	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 12
1079		-
1080		-	14–306. 13
1081		-
1082		-	(a) (1) The term of a license issued by the Board may not exceed 3 years. 14
1083		-
1084		-	(2) A license expires on a date set by the Board, unless the license is 15
1085		-	renewed for [a] AN ADDITIONAL term as provided in this section. 16
1086		-
1087		-	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 17
1088		-	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 18
1089		-	last known electronic or physical address of the licensee[: 19
1090		-
1091		-	(i) A] A renewal notice that states: 20
1092		-
1093		-	[1.] (I) The date on which the current license expires; 21
1094		-
1095		-	[2.] (II) The date by which the renewal application must be 22
1096		-	received by the Board for the renewal to be issued and mailed before the license expires; 23
1097		-	and 24
1098		-
1099		-	[3.] (III) The amount of the renewal fee[; and 25
1100		-
1101		-	(ii) A blank panel data sheet supplied by the Health Care 26
1102		-	Alternative Dispute Resolution Office]. 27
1103		-
1104		-	(2) If the Board chooses to send renewal notices exclusively by electronic 28
1105		-	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 29
1106		-	first–class mail to a licensee on request of the licensee. 30 24 HOUSE BILL 1252
1107		-
1108		-
1109		-
1110		-	(c) (1) Before the license expires, the licensee periodically may renew it for an 1
1111		-	additional term, if the licensee: 2
1112		-
1113		-	(i) Otherwise is entitled to be licensed; 3
1114		-
1115		-	(ii) Is of good moral character; 4
1116		-
1117		-	(iii) Pays to the Board a renewal fee set by the Board; [and] 5
1118		-
1119		-	(iv) Submits to the Board: 6
1120		-
1121		-	1. A renewal application on the form that the Board requires; 7
1122		-	and 8
1123		-
1124		-	2. Satisfactory evidence of compliance with any continuing 9
1125		-	education OR COMPETENCY requirements set under this section for license renewal; AND 10
1126		-
1127		-	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 11
1128		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 12
1129		-
1130		-	(2) Within 30 days after a license renewal under Section 7 of the Interstate 13
1131		-	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 14
1132		-	shall submit to the Board the information required under paragraph (1)(iv) of this 15
1133		-	subsection. 16
1134		-
1135		-	(d) (1) In addition to any other qualifications and requirements established by 17
1136		-	the Board, the Board may establish continuing education OR COMPETENCY requirements 18
1137		-	as a condition to the renewal of licenses under this section. 19
1138		-
1139		-	[(2) In establishing these requirements, the Board shall evaluate existing 20
1140		-	methods, devices, and programs in use among the various medical specialties and other 21
1141		-	recognized medical groups. 22
1142		-
1143		-	(3) The Board shall adopt regulations that allow a licensee seeking renewal 23
1144		-	to receive up to 5 continuing education credits per renewal period for providing 24
1145		-	uncompensated, voluntary medical services during each renewal period. 25
1146		-
1147		-	(4) The Board may not establish or enforce these requirements if they 26
1148		-	would so reduce the number of physicians in a community as to jeopardize the availability 27
1149		-	of adequate medical care in that community.] 28
1150		-
1151		-	[(5)] (2) The Board may not establish a continuing education requirement 29
1152		-	that every licensee complete a specific course or program as a condition to the renewal of a 30
1153		-	license under this section. 31
1154		-	HOUSE BILL 1252 25
1155		-
1156		-
1157		-	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 1
1158		-	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 2
1159		-	first offense, for the failure of a licensee to obtain the continuing medical education credits 3
1160		-	required by the Board.] 4
1161		-
1162		-	(e) The Board shall renew the license of each licensee who meets the 5
1163		-	requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 6
1164		-	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 7
1165		-	APPLICABLE. 8
1166		-
1167		-	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 9
1168		-	change in the licensee’s name or address within 60 days after the change. 10
1169		-
1170		-	(2) If a licensee fails to notify the secretary of the Board within the time 11
1171		-	required under this section, the licensee is subject to an administrative penalty of $100.] 12
1172		-
1173		-	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 13
1174		-	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 14
1175		-
1176		-	(i) Renewal applicants as determined by regulations adopted by the 15
1177		-	Board; and 16
1178		-
1179		-	(ii) Each former licensee who files for reinstatement under [§ 14–317 17
1180		-	of this subtitle] THIS TITLE. 18
1181		-
1182		-	(2) On receipt of the criminal history record information of a licensee 19
1183		-	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 20
1184		-	determining whether disciplinary action should be taken, based on the criminal record 21
1185		-	information, against a licensee who renewed or reinstated a license, the Board shall 22
1186		-	consider: 23
1187		-
1188		-	(i) The age at which the crime was committed; 24
1189		-
1190		-	(ii) The nature of the crime; 25
1191		-
1192		-	(iii) The circumstances surrounding the crime; 26
1193		-
1194		-	(iv) The length of time that has passed since the crime; 27
1195		-
1196		-	(v) Subsequent work history; 28
1197		-
1198		-	(vi) Employment and character references; and 29
1199		-
1200		-	(vii) Other evidence that demonstrates whether the licensee poses a 30
1201		-	threat to the public health or safety. 31
1202		-	26 HOUSE BILL 1252
1203		-
1204		-
1205		-	(3) The Board may renew or reinstate a license only if the licensee or 1
1206		-	applicant attests that the licensee or applicant has submitted to a criminal history records 2
1207		-	check under [§ 14–308.1] § 14–302 of this subtitle. 3
1208		-
1209		-	14–307. 4
1210		-
1211		-	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 5
1212		-	to renew the license for any reason if the [physician] INDIVIDUAL: 6
1213		-
1214		-	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 7
1215		-	AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 8
1216		-	5E, 5F, 5G, OR 5H OF THIS TITLE; 9
1217		-
1218		-	(2) SUBMITS A REINSTATEME NT APPLICATION ON THE F ORM THAT 10
1219		-	THE BOARD REQUIRES ; 11
1220		-
1221		-	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 12
1222		-
1223		-	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 13
1224		-	the qualifications and requirements established under this title for license reinstatements; 14
1225		-	AND 15
1226		-
1227		-	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 16
1228		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 17
1229		-
1230		-	14–401.1. 18
1231		-
1232		-	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 19
1233		-	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 20
1234		-	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 21
1235		-	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 22
1236		-	disciplinary panel. 23
1237		-
1238		-	(ii) If the complaint proceeds to a hearing and is referred to the other 24
1239		-	disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 25
1240		-	was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 26
1241		-	may not: 27
1242		-
1243		-	1. Continue to handle the complaint; 28
1244		-
1245		-	2. Participate in any disciplinary proceedings regarding the 29
1246		-	complaint; or 30
1247		-
1248		-	3. Determine the final disposition of the complaint. 31
1249		-	HOUSE BILL 1252 27
1250		-
1251		-
1252		-	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 1
1253		-	enter into a written contract with an entity or individual for confidential physician peer 2
1254		-	review of allegations based on § 14–404(a)(22) of this subtitle. 3
1255		-
1256		-	(2) A peer reviewer shall: 4
1257		-
1258		-	(i) Be board certified; 5
1259		-
1260		-	(ii) Have special qualifications to judge the matter at hand; 6
1261		-
1262		-	(iii) Have received a specified amount of medical experience and 7
1263		-	training; 8
1264		-
1265		-	(iv) Have no formal actions against the peer reviewer’s own license; 9
1266		-
1267		-	(v) Receive training in peer review; 10
1268		-
1269		-	(vi) Have a standard format for peer review reports; and 11
1270		-
1271		-	(vii) To the extent practicable, be licensed and engaged in the practice 12
1272		-	of medicine in the State. 13
1273		-
1274		-	(3) The Board may consult with the appropriate specialty health care 14
1275		-	provider societies in the State to obtain a list of physicians qualified to provide peer review 15
1276		-	services. 16
1277		-
1278		-	(4)] For purposes of peer review, the Board may use sole source 17
1279		-	procurement under § 13–107 of the State Finance and Procurement Article. 18
1280		-
1281		-	[(5)] (2) The hearing of charges may not be stayed or challenged because 19
1282		-	of the selection of peer reviewers under this subsection before the filing of charges. 20
1283		-
1284		-	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 21
1285		-	contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 22
1286		-	90 days for completion of peer review. 23
1287		-
1288		-	(2) The entity or individual peer reviewer may apply to the Board for an 24
1289		-	extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 25
1290		-	§ 14–515(D)(1) OF THIS TITLE. 26
1291		-
1292		-	(3) If an extension is not granted, and 90 days have elapsed, the Board may 27
1293		-	contract with any other entity or individual who meets the requirements of [subsection 28
1294		-	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 29
1295		-	28 HOUSE BILL 1252
1296		-
1297		-
1298		-	(4) If an extension has been granted, and 120 days have elapsed, the Board 1
1299		-	may contract with any other entity or individual who meets the requirements of [subsection 2
1300		-	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 3
1301		-
1302		-	[(g)] (D) The Board shall issue a request for proposals and enter into a written 4
1303		-	contract with a nonprofit entity to provide rehabilitation services for physicians or other 5
1304		-	allied health professionals directed by the Board to receive rehabilitation services. 6
1305		-
1306		-	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 7
1307		-	matters and the mediation of fee disputes coming before it, the Board may contract with an 8
1308		-	entity or entities for the purchase of investigatory, mediation, and related services. 9
1309		-
1310		-	(2) Services that may be contracted for under this subsection include the 10
1311		-	services of: 11
1312		-
1313		-	(i) Investigators; 12
1314		-
1315		-	(ii) Attorneys; 13
1316		-
1317		-	(iii) Accountants; 14
1318		-
1319		-	(iv) Expert witnesses; 15
1320		-
1321		-	(v) Consultants; and 16
1322		-
1323		-	(vi) Mediators. 17
1324		-
1325		-	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 18
1326		-	oaths in connection with any investigation under this section and any hearing or proceeding 19
1327		-	before it. 20
1328		-
1329		-	[(j)] (G) (1) It is the intent of this section that the disposition of every 21
1330		-	complaint against a licensee that sets forth allegations of grounds for disciplinary action 22
1331		-	filed with the Board shall be completed as expeditiously as possible and, in any event, 23
1332		-	within 18 months after the complaint was received by the Board. 24
1333		-
1334		-	(2) If a disciplinary panel is unable to complete the disposition of a 25
1335		-	complaint within 1 year, the Board shall include in the record of that complaint a detailed 26
1336		-	explanation of the reason for the delay. 27
1337		-
1338		-	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 28
1339		-	health professional to discuss the proposed disposition of a complaint, shall provide an 29
1340		-	opportunity to appear before the disciplinary panel to both the licensee who has been 30
1341		-	charged and the individual who has filed the complaint against the licensee giving rise to 31
1342		-	the charge. 32
1343		-	HOUSE BILL 1252 29
1344		-
1345		-
1346		-	14–401.2. 1
1347		-
1348		-	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 2
1349		-	relief against an individual for: 3
1350		-
1351		-	(1) Practicing a profession regulated under this title [or Title 15 of this 4
1352		-	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 5
1353		-
1354		-	(2) Representing to the public, by title, description of services, methods, 6
1355		-	procedures, or otherwise, that the individual is authorized to practice: 7
1356		-
1357		-	(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 8
1358		-	title; 9
1359		-
1360		-	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 10
1361		-	title; 11
1362		-
1363		-	(iii) Radiation therapy, radiography, nuclear medicine technology, or 12
1364		-	radiation assistance in this State, in violation of § 14–5B–18 of this title; 13
1365		-
1366		-	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 14
1367		-	title; 15
1368		-
1369		-	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 16
1370		-	this title; 17
1371		-
1372		-	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 18
1373		-
1374		-	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 19
1375		-	of this title; [or] 20
1376		-
1377		-	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 21
1378		-	14–5G–24 OF THIS TITLE; OR 22
1379		-
1380		-	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 23
1381		-	this article] § 14–5H–19 OF THIS TITLE; or 24
1382		-
1383		-	(3) Taking any action: 25
1384		-
1385		-	(i) For which a disciplinary panel determines there is a 26
1386		-	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 27
1387		-	and 28
1388		-
1389		-	(ii) That poses a serious risk to the health, safety, and welfare of a 29
1390		-	patient. 30
1391		-	30 HOUSE BILL 1252
1392		-
1393		-
1394		-	14–402. 1
1395		-
1396		-	(a) In reviewing an application for licensure or in investigating an allegation 2
1397		-	brought against a licensed physician or any allied health professional regulated by the 3
1398		-	Board under this title, the [Physician] Rehabilitation Program may request the Board to 4
1399		-	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 5
1400		-	physician or any allied health professional regulated by the Board under this title to submit 6
1401		-	to an appropriate examination. 7
1402		-
1403		-	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 8
1404		-	to submit to an examination is prima facie evidence of the licensed individual’s OR 9
1405		-	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 10
1406		-	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 11
1407		-	the licensed individual OR APPLICANT . 12
1408		-
1409		-	(e) (1) The Board or the entity or entities with which the Board contracts shall 13
1410		-	appoint the members of the [Physician] Rehabilitation Program. 14
1411		-
1412		-	(2) The chair of the Board shall appoint one member of the Board to serve 15
1413		-	as a liaison to the [Physician] Rehabilitation Program. 16
1414		-
1415		-	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 17
1416		-	Auditor as provided in § 2–1220 of the State Government Article. 18
1417		-
1418		-	14–404. 19
1419		-
1420		-	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 20
1421		-	PROVISIONS OF § 14–405 OF THIS SUBTITLE, A DISCIPLINARY PANEL MAY DENY A 21
1422		-	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 22
1423		-	APPLICANT’S LICENSE, REFUSE TO RENEW OR REINSTATE A N APPLICANT’S LICENSE 23
1424		-	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 24
1425		-	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 25
1426		-	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 26
1427		-
1428		-	14–405. 27
1429		-
1430		-	(a) Except as otherwise provided in the Administrative Procedure Act, before the 28
1431		-	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 29
1432		-	or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 30
1433		-	14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 31
1434		-	it shall give the individual against whom the action is contemplated an opportunity for a 32
1435		-	hearing before a hearing officer. 33
1436		-
1437		-	[(g)] (F) The hearing of charges may not be stayed or challenged by any 34
1438		-	procedural defects alleged to have occurred prior to the filing of charges. 35 HOUSE BILL 1252 31
1439		-
1440		-
1441		-
1442		-	14–406. 1
1443		-
1444		-	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 2
1445		-	panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 3
1446		-	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 4
1447		-	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 5
1448		-	with the Administrative Procedure Act. 6
1449		-
1450		-	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 7
1451		-	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 8
1452		-	14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 9
1453		-	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 10
1454		-
1455		-	(1) Immediately shall dismiss the charges and exonerate the licensee; 11
1456		-
1457		-	(2) (i) Except as provided in item (ii) of this item, shall expunge all 12
1458		-	records of the charges 3 years after the charges are dismissed; or 13
1459		-
1460		-	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 14
1461		-	a document releasing the Board from any liability related to the charges, shall immediately 15
1462		-	expunge all records of the charges; and 16
1463		-
1464		-	(3) May not take any further action on the charges. 17
1465		-
1466		-	14–409. 18
1467		-
1468		-	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 19
1469		-	ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 20
1470		-	PANEL, may reinstate the license of an individual whose license has been surrendered or 21
1471		-	revoked under this title only in accordance with: 22
1472		-
1473		-	(i) The terms and conditions of the order of revocation or letter of 23
1474		-	surrender; 24
1475		-
1476		-	(ii) An order of reinstatement issued by the disciplinary panel; or 25
1477		-
1478		-	(iii) A final judgment in any proceeding for review. 26
1479		-
1480		-	(2) If a license is surrendered or revoked for a period of more than 1 year, 27
1481		-	the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 28
1482		-
1483		-	(i) Meets the requirements for reinstatement as established by the 29
1484		-	Board; and 30
1485		-	32 HOUSE BILL 1252
1486		-
1487		-
1488		-	(ii) Completes a criminal history records check in accordance with [§ 1
1489		-	14–308.1] § 14–302 of this title. 2
1490		-
1491		-	(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 3
1492		-	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 4
1493		-	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 5
1494		-	conviction or plea subsequently is overturned at any stage of an appeal or other 6
1495		-	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 7
1496		-
1497		-	14–411. 8
1498		-
1499		-	(d) The Board shall disclose any information contained in a record to: 9
1500		-
1501		-	(1) A committee of a hospital, health maintenance organization, or related 10
1502		-	institution if: 11
1503		-
1504		-	(i) The committee of a medical hospital staff concerned with 12
1505		-	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 13
1506		-	organization, or related institution requests the information in writing; 14
1507		-
1508		-	(ii) A disciplinary panel has issued an order as to a [licensed 15
1509		-	physician] LICENSEE on whom the information is requested; and 16
1510		-
1511		-	(iii) The Board determines that the information requested is 17
1512		-	necessary for an investigation or action of the committee as to a medical privilege of a 18
1513		-	[licensed physician] LICENSEE; or 19
1514		-
1515		-	(2) The Secretary, the Office of Health Care Quality in the Department, 20
1516		-	the Maryland Health Care Commission, or the Health Services Cost Review Commission 21
1517		-	for the purpose of investigating quality or utilization of care in any entity regulated by the 22
1518		-	Office of Health Care Quality or the Health Services Cost Review Commission. 23
1519		-
1520		-	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 24
1521		-	or other health care facilities where a [physician or an allied health professional] 25
1522		-	LICENSEE regulated by the Board has privileges, has a provider contract with a health 26
1523		-	maintenance organization, or is employed of a complaint or report filed against that 27
1524		-	[physician] LICENSEE, if: 28
1525		-
1526		-	(i) The Board determines, in its discretion, that the hospital, health 29
1527		-	maintenance organization, or health care facility should be informed about the report or 30
1528		-	complaint; 31
1529		-
1530		-	(ii) The nature of the complaint suggests a reasonable possibility of 32
1531		-	an imminent threat to patient safety; or 33
1532		-	HOUSE BILL 1252 33
1533		-
1534		-
1535		-	(iii) The complaint or report was as a result of a claim filed in the 1
1536		-	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 2
1537		-	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 3
1538		-
1539		-	(2) The Board shall disclose any information pertaining to a [physician’s] 4
1540		-	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 5
1541		-	to a committee of a hospital, health maintenance organization, or other health care facility 6
1542		-	if: 7
1543		-
1544		-	(i) The committee is concerned with [physician] LICENSEE 8
1545		-	discipline and requests the information in writing; and 9
1546		-
1547		-	(ii) The Board has received a complaint or report pursuant to 10
1548		-	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 11
1549		-	the information is requested. 12
1550		-
1551		-	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 13
1552		-	this subtitle, notify those hospitals, health maintenance organizations, or health care 14
1553		-	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 15
1554		-	health maintenance organization, or is employed of its formal action within 10 days after 16
1555		-	the action is taken and shall provide the hospital, health maintenance organization, or 17
1556		-	health care facility with periodic reports as to enforcement or monitoring of a formal 18
1557		-	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 19
1558		-	reports. 20
1559		-
1560		-	(h) On the request of a person who has made a complaint to the Board regarding 21
1561		-	a [physician] LICENSEE, the Board shall provide the person with information on the status 22
1562		-	of the complaint. 23
1563		-
1564		-	(j) The Board may disclose any information contained in a record to a licensing 24
1565		-	or disciplinary authority of another state if: 25
1566		-
1567		-	(1) The licensing or disciplinary authority of another state that regulates 26
1568		-	[licensed physicians] LICENSEES in that state requests the information in writing; and 27
1569		-
1570		-	(2) The disclosure of any information is limited to the pendency of an 28
1571		-	allegation of a ground for disciplinary or other action by a disciplinary panel until: 29
1572		-
1573		-	(i) The disciplinary panel has passed an order under § 14–406 of 30
1574		-	this subtitle; or 31
1575		-
1576		-	(ii) A [licensed physician] LICENSEE on whom the information is 32
1577		-	requested authorizes a disclosure as to the facts of an allegation or the results of an 33
1578		-	investigation before the Board. 34
1579		-
1580		-	(k) The Board may disclose any information contained in a record to a person if: 35 34 HOUSE BILL 1252
1581		-
1582		-
1583		-
1584		-	(1) A [licensed physician] LICENSEE on whom any information is 1
1585		-	requested authorizes the person to receive the disclosure; 2
1586		-
1587		-	(2) The person requests the information in writing; and 3
1588		-
1589		-	(3) The authorization for the disclosure is in writing. 4
1590		-
1591		-	(p) (1) The Board may publish a summary of any allegations of grounds for 5
1592		-	disciplinary or other action. 6
1593		-
1594		-	(2) A summary may not identify: 7
1595		-
1596		-	(i) Any person who makes an allegation to the Board or any of its 8
1597		-	investigatory bodies; 9
1598		-
1599		-	(ii) A [licensed physician] LICENSEE about whom an allegation is 10
1600		-	made; or 11
1601		-
1602		-	(iii) A witness in an investigation or a proceeding before the Board or 12
1603		-	any of its investigatory bodies. 13
1604		-
1605		-	14–411.1. 14
1606		-
1607		-	(b) The Board shall create and maintain a public individual profile on each 15
1608		-	licensee that includes the following information: 16
1609		-
1610		-	(1) A summary of charges filed against the licensee, including a copy of the 17
1611		-	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 18
1612		-	of this subtitle based on the charges or has rescinded the charges; 19
1613		-
1614		-	(2) A description of any disciplinary action taken by the Board or a 20
1615		-	disciplinary panel against the licensee within the most recent 10–year period that includes 21
1616		-	a copy of the public order; 22
1617		-
1618		-	(3) A description in summary form of any final disciplinary action taken by 23
1619		-	a licensing board in any other state or jurisdiction against the licensee within the most 24
1620		-	recent 10–year period; 25
1621		-
1622		-	(4) A description of a conviction or entry of a plea of guilty or nolo 26
1623		-	contendere by the licensee for a crime involving moral turpitude reported to the Board 27
1624		-	under § 14–416 of this subtitle; and 28
1625		-
1626		-	[(5) As reported to the Board by the licensee, education and practice 29
1627		-	information about the licensee including: 30
1628		-	HOUSE BILL 1252 35
1629		-
1630		-
1631		-	(i) The name of any medical school that the licensee attended and 1
1632		-	the date on which the licensee graduated from the school; 2
1633		-
1634		-	(ii) A description of any internship and residency training; 3
1635		-
1636		-	(iii) A description of any specialty board certification by a recognized 4
1637		-	board of the American Board of Medical Specialties or the American Osteopathic 5
1638		-	Association; 6
1639		-
1640		-	(iv) The name of any hospital where the licensee has medical 7
1641		-	privileges; 8
1642		-
1643		-	(v) The location of the licensee’s primary practice setting; 9
1644		-
1645		-	(vi) Whether the licensee participates in the Maryland Medical 10
1646		-	Assistance Program; 11
1647		-
1648		-	(vii) Whether the licensee maintains medical professional liability 12
1649		-	insurance; and 13
1650		-
1651		-	(viii) The number of medical malpractice final court judgments and 14
1652		-	arbitration awards against the licensee within the most recent 10–year period.] 15
1653		-
1654		-	(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 16
1655		-	OF THIS TITLE. 17
1656		-
1657		-	(c) In addition to the requirements of subsection (b) of this section, the Board 18
1658		-	shall: 19
1659		-
1660		-	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 20
1661		-	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 21
1662		-	BOARD’S WEBSITE; 22
1663		-
1664		-	(2) Provide appropriate and accessible Internet links from the Board’s 23
1665		-	[Internet site] WEBSITE: 24
1666		-
1667		-	(i) To the extent available, to the appropriate portion of the 25
1668		-	[Internet site] WEBSITE of each health maintenance organization licensed in this State 26
1669		-	which will allow the public to ascertain the names of the physicians affiliated with the 27
1670		-	health maintenance organization; and 28
1671		-
1672		-	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 29
1673		-	American Medical Association; 30
1674		-
1675		-	[(2)] (3) Include a statement on each licensee’s profile of information to 31
1676		-	be taken into consideration by a consumer when viewing a licensee’s profile, including 32 36 HOUSE BILL 1252
1677		-
1678		-
1679		-	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 1
1680		-	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 2
1681		-	and 3
1682		-
1683		-	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 4
1684		-
1685		-	(i) Notification that a person may contact the Board by telephone, 5
1686		-	electronic mail, or written request to find out whether the number of medical malpractice 6
1687		-	settlements involving a particular licensee totals three or more with a settlement amount 7
1688		-	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 8
1689		-
1690		-	(ii) A telephone number, electronic mail address, and physical 9
1691		-	address through which a person may contact the Board to request the information required 10
1692		-	to be provided under item (i) of this item. 11
1693		-
1694		-	(d) The Board: 12
1695		-
1696		-	(1) On receipt of a written request for a licensee’s profile from any person, 13
1697		-	shall forward a written copy of the profile to the person; 14
1698		-
1699		-	(2) Shall maintain a website that serves as a single point of entry where 15
1700		-	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 16
1701		-	public on the Internet; and 17
1702		-
1703		-	(3) On receipt of a verbal, electronic, or written request in accordance with 18
1704		-	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 19
1705		-	days of the request. 20
1706		-
1707		-	14–413. 21
1708		-
1709		-	(A) A person may not make any false statement, report, or representation to the 22
1710		-	Board or a disciplinary panel. 23
1711		-
1712		-	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SUBTITLE IS 24
1713		-	GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT 25
1714		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 26
1715		-
1716		-	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 27
1717		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 28
1718		-
1719		-	14–416. 29
1720		-
1721		-	(a) Each court shall report to the Board each conviction of or entry of a plea of 30
1722		-	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 31
1723		-	turpitude. 32
1724		-	HOUSE BILL 1252 37
1725		-
1726		-
1727		-	14–417. 1
1728		-
1729		-	(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 2
1730		-	IN WRITING OF ANY CH ANGE IN THE LICENSEE’S NAME OR ADDRESS WI THIN 60 DAYS 3
1731		-	AFTER THE CHANGE . 4
1732		-
1733		-	(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETA RY OF THE BOARD 5
1734		-	WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 6
1735		-	AN ADMINISTRATIVE PE NALTY OF $100. 7
1736		-
1737		-	(B) A DISCIPLINARY PAN EL MAY IMPOSE A CIVI L PENALTY OF UP TO $100 8
1738		-	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 9
1739		-	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 10
1740		-	EDUCATION CREDITS RE QUIRED BY THE BOARD. 11
1741		-
1742		-	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 12
1743		-
1744		-	14–503. 13
1745		-
1746		-	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 14
1747		-	this section. 15
1748		-
1749		-	(2) Before it adopts any rule or regulation under this section, the Board 16
1750		-	shall invite and consider proposals from any individual or health group that could be 17
1751		-	affected by the rule or regulation. 18
1752		-
1753		-	(e) Except as otherwise provided in this section, an individual may perform 19
1754		-	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 20
1755		-
1756		-	(1) Do not include: 21
1757		-
1758		-	(i) Computerized or noncomputerized tomography; 22
1759		-
1760		-	(ii) Fluoroscopy; 23
1761		-
1762		-	(iii) Invasive radiology; 24
1763		-
1764		-	(iv) Mammography; 25
1765		-
1766		-	(v) Nuclear medicine; 26
1767		-
1768		-	(vi) Radiation therapy; or 27
1769		-
1770		-	(vii) Xerography; 28
	1651	+	(c) In addition to the requirements of subsection (b) of this section, the Board 15
	1652	+	shall: 16
	1653	+
	1654	+	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 17
	1655	+	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 18
	1656	+	BOARD’S WEBSITE; 19
	1657	+
	1658	+	(2) Provide appropriate and accessible Internet links from the Board’s 20
	1659	+	[Internet site] WEBSITE: 21
	1660	+
	1661	+	(i) To the extent available, to the appropriate portion of the 22
	1662	+	[Internet site] WEBSITE of each health maintenance organization licensed in this State 23
	1663	+	which will allow the public to ascertain the names of the physicians affiliated with the 24
	1664	+	health maintenance organization; and 25
	1665	+
	1666	+	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 26
	1667	+	American Medical Association; 27
	1668	+
	1669	+	[(2)] (3) Include a statement on each licensee’s profile of information to 28
	1670	+	be taken into consideration by a consumer when viewing a licensee’s profile, including 29
	1671	+	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 30
	1672	+	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 31
	1673	+	and 32
	1674	+
	1675	+	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 33 36 HOUSE BILL 1252
	1676	+
	1677	+
	1678	+
	1679	+	(i) Notification that a person may contact the Board by telephone, 1
	1680	+	electronic mail, or written request to find out whether the number of medical malpractice 2
	1681	+	settlements involving a particular licensee totals three or more with a settlement amount 3
	1682	+	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 4
	1683	+
	1684	+	(ii) A telephone number, electronic mail address, and physical 5
	1685	+	address through which a person may contact the Board to request the information required 6
	1686	+	to be provided under item (i) of this item. 7
	1687	+
	1688	+	(d) The Board: 8
	1689	+
	1690	+	(1) On receipt of a written request for a licensee’s profile from any person, 9
	1691	+	shall forward a written copy of the profile to the person; 10
	1692	+
	1693	+	(2) Shall maintain a website that serves as a single point of entry where 11
	1694	+	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 12
	1695	+	public on the Internet; and 13
	1696	+
	1697	+	(3) On receipt of a verbal, electronic, or written request in accordance with 14
	1698	+	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 15
	1699	+	days of the request. 16
	1700	+
	1701	+	14–413. 17
	1702	+
	1703	+	(A) A person may not make any false statement, report, or representation to the 18
	1704	+	Board or a disciplinary panel. 19
	1705	+
	1706	+	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF TH IS SUBTITLE IS 20
	1707	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 21
	1708	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 22
	1709	+
	1710	+	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
	1711	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
	1712	+
	1713	+	14–416. 25
	1714	+
	1715	+	(a) Each court shall report to the Board each conviction of or entry of a plea of 26
	1716	+	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 27
	1717	+	turpitude. 28
	1718	+
	1719	+	14–417. 29
	1720	+
	1721	+	(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 30
	1722	+	IN WRITING OF ANY CHANG E IN THE LICENSEE’S NAME OR ADDRESS WI THIN 60 DAYS 31
	1723	+	AFTER THE CHANGE . 32 HOUSE BILL 1252 37
	1724	+
	1725	+
	1726	+
	1727	+	(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETA RY OF THE BOARD 1
	1728	+	WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 2
	1729	+	AN ADMINISTRATIVE PE NALTY OF $100. 3
	1730	+
	1731	+	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 4
	1732	+	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 5
	1733	+	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 6
	1734	+	EDUCATION CREDITS RE QUIRED BY THE BOARD. 7
	1735	+
	1736	+	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 8
	1737	+
	1738	+	14–503. 9
	1739	+
	1740	+	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 10
	1741	+	this section. 11
	1742	+
	1743	+	(2) Before it adopts any rule or regulation under this section, the Board 12
	1744	+	shall invite and consider proposals from any individual or health group that could be 13
	1745	+	affected by the rule or regulation. 14
	1746	+
	1747	+	(e) Except as otherwise provided in this section, an individual may perform 15
	1748	+	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 16
	1749	+
	1750	+	(1) Do not include: 17
	1751	+
	1752	+	(i) Computerized or noncomputerized tomography; 18
	1753	+
	1754	+	(ii) Fluoroscopy; 19
	1755	+
	1756	+	(iii) Invasive radiology; 20
	1757	+
	1758	+	(iv) Mammography; 21
	1759	+
	1760	+	(v) Nuclear medicine; 22
	1761	+
	1762	+	(vi) Radiation therapy; or 23
	1763	+
	1764	+	(vii) Xerography; 24
	1765	+
	1766	+	(2) Are limited to X–ray procedures of the: 25
	1767	+
	1768	+	(i) Chest, anterior–posterior and lateral; 26
	1769	+
	1770	+	(ii) Spine, anterior–posterior and lateral; or 27
1771	1771		38 HOUSE BILL 1252
1772	1772
1773	1773
1774		-	(2) ~~Are limited to X–ray procedures of~~ the: 1
1775		-
1776		-	~~(i) Chest, anterior–posterior and lateral; 2~~
1777		-
1778		-	~~(ii) Spine, anterior–posterior and lateral; or 3~~
1779		-
1780		-	~~(iii) Extremities,~~ ~~anterior–posterior and lateral, not including the 4~~
1781		-	~~head; and 5~~
1782		-
1783		-	~~(3) Are performed: 6~~
1784		-
1785		-	(i) By an individual who ~~is not employed primarily to perform 7~~
1786		-	~~X–ray duties; 8~~
1787		-
1788		-	~~(ii)~~ In ~~the medical office of the physician who delegates the duties; 9~~
1789		-	and 10
1790		-
1791		-	~~(iii) 1~~. By an ~~individual who,~~ ~~before October 1,~~ ~~2002, has: 11~~
1792		-
1793		-	~~A. Taken a course consisting~~ of ~~at least 30 hours of training 12~~
1794		-	~~in performing X–ray procedures approved by the Maryland Radiological Society in 13~~
1795		-	~~consultation with the Maryland Society of Radiologic Technologists;~~ ~~and 14~~
1796		-
1797		-	B. ~~Successfully passed an examination based on that course 15~~
1798		-	~~that has been approved by the Maryland Radiological Society in consultation with the 16~~
1799		-	~~Maryland Society of Radiologic Technologists;~~ ~~or 17~~
1800		-
1801		-	2. ~~By a licensed physician assistant who has completed a 18~~
1802		-	~~course that includes anterior–posterior~~ and ~~lateral radiographic studies of extremities on 19~~
1803		-	~~at least 20 separate patients under the direct supervision of the delegating physician or 20~~
1804		-	~~radiologist using~~ a ~~mini C–arm or similar low–level radiation machine to perform 21~~
1805		-	~~nonfluoroscopic X–ray procedures,~~ ~~if the~~ duties~~: 22~~
1806		-
1807		-	~~A. Include only the X–ray procedures described in paragraph 23~~
1808		-	~~(2)(iii) of this subsection; and 24~~
1809		-
1810		-	~~B. Are performed pursuant~~ to a ~~Board–approved delegation 25~~
1811		-	~~agreement that includes a request to perform advanced duties under [§~~ ~~15–302(c)(2)] § 26~~
1812		-	14–~~5H–08(C)(2)~~ of this ~~[article] TITLE~~. 27
1813		-
1814		-	14–~~504. 28~~
1815		-
1816		-	~~(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 29~~
1817		-	~~THE STATE,~~ ~~AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 30~~
1818		-	~~REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH~~ IS ~~SECTION. 31~~
1819		-	HOUSE BILL 1252 39
1820		-
1821		-
1822		-	~~(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE, THE APPLICANT 1~~
1823		-	~~SHALL: 2~~
1824		-
1825		-	~~(1) (I) HAVE~~ A ~~DEGREE OF DOCT OR OF MEDICINE FROM A~~ 3
1826		-	~~MEDICAL SCHOOL~~ THAT ~~IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT~~ 4
1827		-	~~THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 5~~
1828		-
1829		-	~~(II) SUBMIT EVIDENCE ACCEP TABLE TO~~ THE ~~BOARD OF~~ 6
1830		-	~~SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL~~ 7
1831		-	~~TRAINING PROGRAM THA T IS ACCREDITED~~ BY ~~A N ACCREDITING ORGANI ZATION~~ 8
1832		-	~~THAT THE BOARD RECOGNIZES IN I TS REGULATIONS~~ ; OR 9
1833		-
1834		-	(2) ~~(I) HAVE A DEGREE~~ OF ~~DOCT OR OF OSTEOPATHY FRO M A~~ 10
1835		-	~~SCHOOL~~ OF ~~OSTE OPATHY~~ IN ~~THE UNITED STATES,~~ ~~ITS TERRITORIES OR~~ 11
1836		-	~~POSSESSIONS, PUERTO RICO,~~ ~~OR CANADA THAT HAS STAND ARDS FOR GRADUATION~~ 12
1837		-	~~EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC~~ 13
1838		-	~~ASSOCIATION; AND 14~~
1839		-
1840		-	~~(II) SUBMIT EVIDENCE ACCEP TABLE TO~~ THE ~~BOARD OF~~ 15
1841		-	~~SUCCESSFU L COMPLETION~~ OF ~~1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL~~ 16
1842		-	~~TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT~~ THE 17
1843		-	~~BOARD RECOGNIZES IN I TS REGULATIONS . 18~~
1844		-
1845		-	~~(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE~~ 19
1846		-	~~MEDICINE, AN OTHERWISE QUALI FIED APPLICANT WHO P ASSES~~ THE ~~EXAMINATIO N~~ 20
1847		-	~~AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 21~~
1848		-	~~THREE OR MORE TIMES MAY QU ALIFY FOR~~ A ~~LICENSE ONLY IF THE APPLICAN T:~~ 22
1849		-
1850		-	~~(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 23~~
1851		-	~~RESIDENCY~~ OR ~~FELLOWS HIP ACCREDITED BY THE ACCREDITATION COUNCIL ON 24~~
1852		-	~~GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 25~~
1853		-
1854		-	~~(2) (I) HAS A MINIMUM OF~~ 5 YEARS OF ~~CLINICAL PR ACTICE~~ OF 26
1855		-	~~MEDICINE: 27~~
1856		-
1857		-	1. ~~IN THE UNITED STATES OR IN CANADA~~; 28
1858		-
1859		-	~~2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 29~~
1860		-	~~WITHIN 5 YEARS OF~~ THE ~~DATE OF THE APPLICATION ; AND 30~~
1861		-
1862		-	~~3. THAT OCCURRED UNDER A FULL UNRESTRICTED 31~~
1863		-	~~LICENSE TO PRACTICE MEDICINE;~~ ~~AND 32~~
	1774	+	(iii) Extremities, anterior–posterior and lateral, not including the 1
	1775	+	head; and 2
	1776	+
	1777	+	(3) Are performed: 3
	1778	+
	1779	+	(i) By an individual who is not employed primarily to perform 4
	1780	+	X–ray duties; 5
	1781	+
	1782	+	(ii) In the medical office of the physician who delegates the duties; 6
	1783	+	and 7
	1784	+
	1785	+	(iii) 1. By an individual who, before October 1, 2002, has: 8
	1786	+
	1787	+	A. Taken a course consisting of at least 30 hours of training 9
	1788	+	in performing X–ray procedures approved by the Maryland Radiological Society in 10
	1789	+	consultation with the Maryland Society of Radiologic Technologists; and 11
	1790	+
	1791	+	B. Successfully passed an examination based on that course 12
	1792	+	that has been approved by the Maryland Radiological Society in consultation with the 13
	1793	+	Maryland Society of Radiologic Technologists; or 14
	1794	+
	1795	+	2. By a licensed physician assistant who has completed a 15
	1796	+	course that includes anterior–posterior and lateral radiographic studies of extremities on 16
	1797	+	at least 20 separate patients under the direct supervision of the delegating physician or 17
	1798	+	radiologist using a mini C–arm or similar low–level radiation machine to perform 18
	1799	+	nonfluoroscopic X–ray procedures, if the duties: 19
	1800	+
	1801	+	A. Include only the X–ray procedures described in paragraph 20
	1802	+	(2)(iii) of this subsection; and 21
	1803	+
	1804	+	B. Are performed pursuant to a Board–approved delegation 22
	1805	+	agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 23
	1806	+	14–5H–08(C)(2) of this [article] TITLE. 24
	1807	+
	1808	+	14–504. 25
	1809	+
	1810	+	(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 26
	1811	+	THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 27
	1812	+	REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 28
	1813	+
	1814	+	(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE , THE APPLICANT 29
	1815	+	SHALL: 30
	1816	+
	1817	+	(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 31
	1818	+	MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 32
	1819	+	THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 33 HOUSE BILL 1252 39
	1820	+
	1821	+
	1822	+
	1823	+	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 1
	1824	+	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A P OSTGRADUATE MEDICAL 2
	1825	+	TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 3
	1826	+	THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 4
	1827	+
	1828	+	(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 5
	1829	+	SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 6
	1830	+	POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 7
	1831	+	EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 8
	1832	+	ASSOCIATION; AND 9
	1833	+
	1834	+	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 10
	1835	+	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAI NING IN A POSTGRADUA TE MEDICAL 11
	1836	+	TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 12
	1837	+	BOARD RECOGNIZES IN I TS REGULATIONS . 13
	1838	+
	1839	+	(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 14
	1840	+	MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 15
	1841	+	AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 16
	1842	+	THREE OR MORE TIMES MAY QU ALIFY FOR A LICENSE ONLY IF THE APPLICAN T: 17
	1843	+
	1844	+	(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 18
	1845	+	RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATI ON COUNCIL ON 19
	1846	+	GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 20
	1847	+
	1848	+	(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 21
	1849	+	MEDICINE: 22
	1850	+
	1851	+	1. IN THE UNITED STATES OR IN CANADA; 23
	1852	+
	1853	+	2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 24
	1854	+	WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 25
	1855	+
	1856	+	3. THAT OCCURRED UNDER A FULL UNRESTRICTED 26
	1857	+	LICENSE TO PRACTICE MEDICINE; AND 27
	1858	+
	1859	+	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 28
	1860	+	DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 29
	1861	+	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 30
	1862	+
	1863	+	(3) IS BOARD CERTIFIED . 31
1864	1864		40 HOUSE BILL 1252
1865	1865
1866	1866
1867		-	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 1
1868		-	DISCIPLINARY ACTION TAKEN AGAINST THE APPLICANT THAT WOULD BE GROUNDS 2
1869		-	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 3
1870		-
1871		-	(3) IS BOARD CERTIFIED . 4
1872		-
1873		-	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 5
1874		-	MEDICINE IF: 6
1875		-
1876		-	(I) THE APPLICANT: 7
1877		-
1878		-	1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 8
1879		-	ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 9
1880		-	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 10
1881		-	TITLE; 11
1882		-
1883		-	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 12
1884		-	OTHER JURISDICTION ; 13
1885		-
1886		-	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 14
1887		-	THAT THE BOARD REQUIRES ; AND 15
1888		-
1889		-	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 16
1890		-	THE BOARD; AND 17
1891		-
1892		-	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 18
1893		-	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 19
1894		-	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 20
1895		-
1896		-	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 21
1897		-	SUBSECTION. 22
1898		-
1899		-	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 23
1900		-	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 24
1901		-	METHODS, DEVICES, AND PROGRAMS IN USE AMON G THE VARIOUS MEDICA L 25
1902		-	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 26
1903		-
1904		-	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 27
1905		-	LICENSEE SEEKING REN EWAL TO RECEIVE UP T O 5 CONTINUING EDUCATION 28
1906		-	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 29
1907		-	MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 30
	1867	+	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 1
	1868	+	MEDICINE IF: 2
	1869	+
	1870	+	(I) THE APPLICANT: 3
	1871	+
	1872	+	1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 4
	1873	+	ANOTHER JURISDICTION UNDER REQUIREMENTS THAT THE BOARD DETERMINES 5
	1874	+	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 6
	1875	+	TITLE; 7
	1876	+
	1877	+	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 8
	1878	+	OTHER JURISDICTION ; 9
	1879	+
	1880	+	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 10
	1881	+	THAT THE BOARD REQUI RES; AND 11
	1882	+
	1883	+	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 12
	1884	+	THE BOARD; AND 13
	1885	+
	1886	+	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 14
	1887	+	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 15
	1888	+	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 16
	1889	+
	1890	+	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 17
	1891	+	SUBSECTION. 18
	1892	+
	1893	+	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 19
	1894	+	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 20
	1895	+	METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS MEDICAL 21
	1896	+	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 22
	1897	+
	1898	+	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 23
	1899	+	LICENSEE SEEKING REN EWAL TO RECEIVE UP T O 5 CONTINUING EDUCATION 24
	1900	+	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 25
	1901	+	MEDICAL SERVIC ES DURING EACH RENEW AL PERIOD. 26
	1902	+
	1903	+	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 27
	1904	+	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 28
	1905	+	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 29
	1906	+	THAT COMMUNITY . 30
	1907	+
	1908	+	14–505. 31
1908	1909		HOUSE BILL 1252 41
1909	1910
1910	1911
1911		-	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 1
1912		-	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 2
1913		-	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 3
1914		-	THAT COMMUNITY . 4
1915		-
1916		-	14–505. 5
1917		-
1918		-	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 6
1919		-	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 7
1920		-	subtitle, if the applicant: 8
1921		-
1922		-	(1) Has studied medicine at a foreign medical school; 9
1923		-
1924		-	(2) Is certified by the Educational Commission for Foreign Medical 10
1925		-	Graduates or by its successor as approved by the Board; 11
1926		-
1927		-	(3) Passes a qualifying examination for foreign medical school graduates 12
1928		-	required by the Board; 13
1929		-
1930		-	(4) Meets any other qualifications for foreign medical school graduates that 14
1931		-	the Board establishes in its regulation for licensing of applicants; 15
1932		-
1933		-	(5) Submits acceptable evidence to the Board of the requirements set in the 16
1934		-	Board’s regulations; and 17
1935		-
1936		-	(6) Meets one of the following requirements: 18
1937		-
1938		-	(i) The applicant graduated from any foreign medical school and 19
1939		-	submits evidence acceptable to the Board of successful completion of 2 years of training in 20
1940		-	a postgraduate medical education program accredited by an accrediting organization 21
1941		-	recognized by the Board; or 22
1942		-
1943		-	(ii) The applicant successfully completed a fifth pathway program 23
1944		-	and submits evidence acceptable to the Board that the applicant: 24
1945		-
1946		-	1. Has a document issued by the foreign medical school 25
1947		-	certifying that the applicant completed all of the formal requirements of that school for the 26
1948		-	study of medicine, except for the postgraduate or social service components as required by 27
1949		-	the foreign country or its medical school; 28
1950		-
1951		-	2. Has successfully completed a fifth pathway program; and 29
1952		-
1953		-	3. Has successfully completed 2 years of training in a 30
1954		-	postgraduate medical education program following completion of a Board approved fifth 31
1955		-	pathway program. 32
	1912	+	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 1
	1913	+	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 2
	1914	+	subtitle, if the applicant: 3
	1915	+
	1916	+	(1) Has studied medicine at a foreign medical school; 4
	1917	+
	1918	+	(2) Is certified by the Educational Commission for Foreign Medical 5
	1919	+	Graduates or by its successor as approved by the Board; 6
	1920	+
	1921	+	(3) Passes a qualifying examination for foreign medical school graduates 7
	1922	+	required by the Board; 8
	1923	+
	1924	+	(4) Meets any other qualifications for foreign medical school graduates that 9
	1925	+	the Board establishes in its regulation for licensing of applicants; 10
	1926	+
	1927	+	(5) Submits acceptable evidence to the Board of the requirements set in the 11
	1928	+	Board’s regulations; and 12
	1929	+
	1930	+	(6) Meets one of the following requirements: 13
	1931	+
	1932	+	(i) The applicant graduated from any foreign medical school and 14
	1933	+	submits evidence acceptable to the Board of successful completion of 2 years of training in 15
	1934	+	a postgraduate medical education program accredited by an accrediting organization 16
	1935	+	recognized by the Board; or 17
	1936	+
	1937	+	(ii) The applicant successfully completed a fifth pathway program 18
	1938	+	and submits evidence acceptable to the Board that the applicant: 19
	1939	+
	1940	+	1. Has a document issued by the foreign medical school 20
	1941	+	certifying that the applicant completed all of the formal requirements of that school for the 21
	1942	+	study of medicine, except for the postgraduate or social service components as required by 22
	1943	+	the foreign country or its medical school; 23
	1944	+
	1945	+	2. Has successfully completed a fifth pathway program; and 24
	1946	+
	1947	+	3. Has successfully completed 2 years of training in a 25
	1948	+	postgraduate medical education program following completion of a Board approved fifth 26
	1949	+	pathway program. 27
	1950	+
	1951	+	14–506. 28
	1952	+
	1953	+	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 29
	1954	+	under this title is entitled to sit for an examination as provided under this section or any 30
	1955	+	regulations adopted to carry out this section. 31
	1956	+
	1957	+	14–510. 32
1956	1958		42 HOUSE BILL 1252
1957	1959
1958	1960
1959		-	14–506. 1
1960		-
1961		-	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 2
1962		-	under this title is entitled to sit for an examination as provided under this section or any 3
1963		-	regulations adopted to carry out this section. 4
1964		-
1965		-	14–510. 5
1966		-
1967		-	(a) The Board may: 6
1968		-
1969		-	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 7
1970		-	conceded eminence and authority of the applicant in the profession if the applicant: 8
1971		-
1972		-	(i) Is recommended to the Board by: 9
1973		-
1974		-	1. The dean of a school of medicine in the State; or 10
1975		-
1976		-	2. The Director of the National Institutes of Health; 11
1977		-
1978		-	(ii) Is to receive an appointment at the institution making the 12
1979		-	recommendation under item (i) of this paragraph; and 13
1980		-
1981		-	(iii) Meets any other requirement the Board may adopt by regulation 14
1982		-	under this section; 15
1983		-
1984		-	(2) Define by regulation the term “conceded eminence and authority in the 16
1985		-	profession” and, for this purpose, shall consider such criteria as: 17
1986		-
1987		-	(i) Academic appointments; 18
1988		-
1989		-	(ii) Length of time in the profession; 19
1990		-
1991		-	(iii) Scholarly publications; and 20
1992		-
1993		-	(iv) Professional accomplishments; 21
1994		-
1995		-	(3) Adopt regulations concerning the further qualifications of an applicant 22
1996		-	for licensure, including conditions of employment, application procedures, and fees under 23
1997		-	this section; 24
1998		-
1999		-	(4) Allow an exception to the general education and examination 25
2000		-	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 26
2001		-	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 27
2002		-	14–301(A) THROUGH (C) of this [subtitle] TITLE; 28
	1961	+	(a) The Board may: 1
	1962	+
	1963	+	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 2
	1964	+	conceded eminence and authority of the applicant in the profession if the applicant: 3
	1965	+
	1966	+	(i) Is recommended to the Board by: 4
	1967	+
	1968	+	1. The dean of a school of medicine in the State; or 5
	1969	+
	1970	+	2. The Director of the National Institutes of Health; 6
	1971	+
	1972	+	(ii) Is to receive an appointment at the institution making the 7
	1973	+	recommendation under item (i) of this paragraph; and 8
	1974	+
	1975	+	(iii) Meets any other requirement the Board may adopt by regulation 9
	1976	+	under this section; 10
	1977	+
	1978	+	(2) Define by regulation the term “conceded eminence and authority in the 11
	1979	+	profession” and, for this purpose, shall consider such criteria as: 12
	1980	+
	1981	+	(i) Academic appointments; 13
	1982	+
	1983	+	(ii) Length of time in the profession; 14
	1984	+
	1985	+	(iii) Scholarly publications; and 15
	1986	+
	1987	+	(iv) Professional accomplishments; 16
	1988	+
	1989	+	(3) Adopt regulations concerning the further qualifications of an applicant 17
	1990	+	for licensure, including conditions of employment, application procedures, and fees under 18
	1991	+	this section; 19
	1992	+
	1993	+	(4) Allow an exception to the general education and examination 20
	1994	+	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 21
	1995	+	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 22
	1996	+	14–301(A) THROUGH (C) of this [subtitle] TITLE; 23
	1997	+
	1998	+	(5) Qualify, restrict, or otherwise limit a license granted under this section; 24
	1999	+	and 25
	2000	+
	2001	+	(6) Require a 6–month probationary period during which the medical 26
	2002	+	services performed by the applicant granted a license under this section are supervised by 27
	2003	+	another licensed physician. 28
	2004	+
	2005	+	14–511. 29
2003	2006		HOUSE BILL 1252 43
2004	2007
2005	2008
2006		-	(5) Qualify, restrict, or otherwise limit a license granted under this section; 1
	2009	+	(b) The Board shall issue a license to an individual who is on inactive status if the 1
	2010	+	individual: 2
	2011	+
	2012	+	(1) Submits to the Board: 3
	2013	+
	2014	+	(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 4
	2015	+	of this [subtitle] TITLE; 5
	2016	+
	2017	+	(ii) Satisfactory evidence of compliance with the continuing 6
	2018	+	education requirements the Board adopts for this purpose; and 7
	2019	+
	2020	+	(iii) A reinstatement fee set by the Board; and 8
	2021	+
	2022	+	(2) Is otherwise entitled to be licensed. 9
	2023	+
	2024	+	14–513. 10
	2025	+
	2026	+	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 11
	2027	+	OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING 12
	2028	+	$500. 13
	2029	+
	2030	+	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 14
	2031	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 15
	2032	+
	2033	+	14–514. 16
	2034	+
	2035	+	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 17
	2036	+	IS MADE BY A PATIENT OR A FAMILY MEMBER OF A PATIENT BASED O N § 18
	2037	+	14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 19
	2038	+	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 20
	2039	+	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 21
	2040	+	PRESENT AT OR ABOUT THE TIME THAT THE INCIDE NT THAT GAVE RISE TO THE 22
	2041	+	ALLEGATION OCCURRED . 23
	2042	+
	2043	+	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 24
	2044	+	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 25
	2045	+	DISCIPLINARY PANEL M AY: 26
	2046	+
	2047	+	(I) REFER AN ALLEGATION F OR FURTHE R INVESTIGATION TO 27
	2048	+	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 28
	2049	+	THIS SECTION; OR 29
	2050	+
	2051	+	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 30
	2052	+	NECESSARY. 31 44 HOUSE BILL 1252
	2053	+
	2054	+
	2055	+
	2056	+	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 1
	2057	+	COMPLETING THE PRELI MINARY INVEST IGATION, THE DISCIPLINARY PAN EL FINDS 2
	2058	+	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 3
	2059	+	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 4
	2060	+	THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 5
	2061	+	SECTION FOR FURTHER INVESTIG ATION AND PHYSICIAN PEER REVIEW WITHIN T HE 6
	2062	+	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 7
	2063	+
	2064	+	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 8
	2065	+	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 9
	2066	+	UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 10
	2067	+	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 11
	2068	+
	2069	+	(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 12
	2070	+	PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 13
	2071	+	ANCILLARY SERVICES D OES NOT CONSTITUTE G ROUNDS FOR DISCIPLIN ARY OR 14
	2072	+	OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 15
	2073	+	THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 16
	2074	+
	2075	+	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 17
	2076	+	COMPLAINTS THAT SET FORTH ALLEGATIONS OF GROUNDS FOR DISCIPLINARY 18
	2077	+	ACTION UNDER § 14–515 OF THIS SUBTITLE. 19
	2078	+
	2079	+	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 20
	2080	+	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 21
	2081	+	CONFIDENTIAL PHYSICI AN PEER REVIEW OF AL LEGATIONS BASED ON § 22
	2082	+	14–515(A)(22) OF THIS SUBTITLE. 23
	2083	+
	2084	+	(2) A PEER REVIEWER SHALL : 24
	2085	+
	2086	+	(I) BE BOARD CERTIFIED ; 25
	2087	+
	2088	+	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 26
	2089	+	HAND; 27
	2090	+
	2091	+	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 28
	2092	+	EXPERIENCE AND TRAIN ING; 29
	2093	+
	2094	+	(IV) HAVE NO FORMAL ACTIONS AGAINST THE PEER REVIEWER ’S 30
	2095	+	OWN LICENSE; 31
	2096	+
	2097	+	(V) RECEIVE TRAINING IN P EER REVIEW; 32 HOUSE BILL 1252 45
	2098	+
	2099	+
	2100	+
	2101	+	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 1
2007	2102		AND 2
2008	2103
2009		-	(6) Require a 6–month probationary period during which the medical 3
2010		-	services performed by the applicant granted a license under this section are supervised by 4
2011		-	another licensed physician. 5
2012		-
2013		-	14–511. 6
2014		-
2015		-	(b) The Board shall issue a license to an individual who is on inactive status if the 7
2016		-	individual: 8
2017		-
2018		-	(1) Submits to the Board: 9
2019		-
2020		-	(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 10
2021		-	of this [subtitle] TITLE; 11
2022		-
2023		-	(ii) Satisfactory evidence of compliance with the continuing 12
2024		-	education requirements the Board adopts for this purpose; and 13
2025		-
2026		-	(iii) A reinstatement fee set by the Board; and 14
2027		-
2028		-	(2) Is otherwise entitled to be licensed. 15
2029		-
2030		-	14–513. 16
2031		-
2032		-	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 17
2033		-	OF A MISDEMEANOR AND ON CO NVICTION IS SUBJECT TO A FINE NOT EXCEED ING 18
2034		-	$500. 19
2035		-
2036		-	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 20
2037		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
2038		-
2039		-	14–514. 22
2040		-
2041		-	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 23
2042		-	IS MADE BY A PATIENT OR A FA MILY MEMBER OF A PAT IENT BASED ON § 24
2043		-	14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 25
2044		-	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 26
2045		-	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 27
2046		-	PRESENT AT OR ABOUT THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 28
2047		-	ALLEGATION OCCURRED . 29
2048		-	44 HOUSE BILL 1252
2049		-
2050		-
2051		-	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 1
2052		-	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 2
2053		-	DISCIPLINARY PANEL M AY: 3
2054		-
2055		-	(I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 4
2056		-	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 5
2057		-	THIS SECTION; OR 6
2058		-
2059		-	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 7
2060		-	NECESSARY. 8
2061		-
2062		-	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 9
2063		-	COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 10
2064		-	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 11
2065		-	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 12
2066		-	THAT HAVE CONTRACTED WITH THE BOARD UND ER SUBSECTION (D) OF THIS 13
2067		-	SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEW WITHIN THE 14
2068		-	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 15
2069		-
2070		-	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 16
2071		-	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 17
2072		-	UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 18
2073		-	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 19
2074		-
2075		-	(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 20
2076		-	PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 21
2077		-	ANCILLARY SERVICES DOES NOT CONSTITUTE GROUNDS F OR DISCIPLINARY OR 22
2078		-	OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 23
2079		-	THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 24
2080		-
2081		-	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 25
2082		-	COMPLAINTS THAT SET FORTH ALLEGATION S OF GROUNDS FOR DIS CIPLINARY 26
2083		-	ACTION UNDER § 14–515 OF THIS SUBTITLE. 27
2084		-
2085		-	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 28
2086		-	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 29
2087		-	CONFIDENTIAL PHYSICI AN PEER REVIEW OF ALLEGATION S BASED ON § 30
2088		-	14–515(A)(22) OF THIS SUBTITLE. 31
2089		-
2090		-	(2) A PEER REVIEWER SHALL : 32
2091		-
2092		-	(I) BE BOARD CERTIFIED ; 33
2093		-	HOUSE BILL 1252 45
2094		-
2095		-
2096		-	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 1
2097		-	HAND; 2
2098		-
2099		-	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 3
2100		-	EXPERIENCE A ND TRAINING; 4
2101		-
2102		-	(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 5
2103		-	OWN LICENSE; 6
2104		-
2105		-	(V) RECEIVE TRAINING IN P EER REVIEW; 7
2106		-
2107		-	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 8
2108		-	AND 9
2109		-
2110		-	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 10
2111		-	IN THE PRACTICE OF MEDICINE IN THE STATE. 11
2112		-
2113		-	(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 12
2114		-	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 13
2115		-	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 14
2116		-
2117		-	14–515. 15
2118		-
2119		-	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 16
2120		-	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 17
2121		-	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 18
2122		-	a license if the licensee: 19
2123		-
2124		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 20
2125		-	the applicant or licensee or for another; 21
2126		-
2127		-	(2) Fraudulently or deceptively uses a license; 22
2128		-
2129		-	(3) Is guilty of: 23
2130		-
2131		-	(i) Immoral conduct in the practice of medicine; or 24
2132		-
2133		-	(ii) Unprofessional conduct in the practice of medicine; 25
2134		-
2135		-	(4) Is professionally, physically, or mentally incompetent; 26
2136		-
2137		-	(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 27
2138		-	SUBTITLE; 28
2139		-
2140		-	(6) Abandons a patient; 29 46 HOUSE BILL 1252
2141		-
2142		-
2143		-
2144		-	(7) Habitually is intoxicated; 1
2145		-
2146		-	(8) Is addicted to, or habitually abuses, any narcotic or controlled 2
2147		-	dangerous substance as defined in § 5–101 of the Criminal Law Article; 3
2148		-
2149		-	(9) Provides professional services: 4
2150		-
2151		-	(i) While under the influence of alcohol; or 5
2152		-
2153		-	(ii) While using any narcotic or controlled dangerous substance, as 6
2154		-	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 7
2155		-	amounts or without valid medical indication; 8
2156		-
2157		-	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 9
2158		-	as to exploit the patient for financial gain; 10
2159		-
2160		-	(11) Willfully makes or files a false report or record in the practice of 11
2161		-	medicine; 12
2162		-
2163		-	(12) Willfully fails to file or record any medical report as required under law, 13
2164		-	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 14
2165		-	to file or record the report; 15
2166		-
2167		-	(13) On proper request, and in accordance with the provisions of Title 4, 16
2168		-	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 17
2169		-	record to the patient, another physician, or hospital; 18
2170		-
2171		-	(14) Solicits professional patronage through an agent or other person or 19
2172		-	profits from the acts of a person who is represented as an agent of the physician; 20
2173		-
2174		-	(15) Pays or agrees to pay any sum to any person for bringing or referring a 21
2175		-	patient or accepts or agrees to accept any sum from any person for bringing or referring a 22
2176		-	patient; 23
2177		-
2178		-	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 24
2179		-	the laboratory for a test or test series for a patient, unless the licensed physician discloses 25
2180		-	on the bill to the patient or third–party payor: 26
2181		-
2182		-	(i) The name of the laboratory; 27
2183		-
2184		-	(ii) The amount paid to the laboratory for the test or test series; and 28
2185		-
2186		-	(iii) The amount of procurement or processing charge of the licensed 29
2187		-	physician, if any, for each specimen taken; 30
2188		-
2189		-	(17) Makes a willful misrepresentation in treatment; 31 HOUSE BILL 1252 47
2190		-
2191		-
2192		-
2193		-	(18) Practices medicine with an unauthorized person or aids an 1
2194		-	unauthorized person in the practice of medicine; 2
2195		-
2196		-	(19) Grossly overutilizes health care services; 3
2197		-
2198		-	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 4
2199		-	method, treatment, or medicine; 5
2200		-
2201		-	(21) Is disciplined by a licensing or disciplinary authority or convicted or 6
2202		-	disciplined by a court of any state or country or disciplined by any branch of the United 7
2203		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 8
2204		-	for disciplinary action under this section; 9
2205		-
2206		-	(22) Fails to meet appropriate standards as determined by appropriate peer 10
2207		-	review for the delivery of quality medical and surgical care performed in an outpatient 11
2208		-	surgical facility, office, hospital, or any other location in this State; 12
2209		-
2210		-	(23) Willfully submits false statements to collect fees for which services are 13
2211		-	not provided; 14
2212		-
2213		-	(24) Was subject to investigation or disciplinary action by a licensing or 15
2214		-	disciplinary authority or by a court of any state or country for an act that would be grounds 16
2215		-	for disciplinary action under this section and the licensee: 17
2216		-
2217		-	(i) Surrendered the license issued by the state or country to the 18
2218		-	state or country; or 19
2219		-
2220		-	(ii) Allowed the license issued by the state or country to expire or 20
2221		-	lapse; 21
2222		-
2223		-	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 22
2224		-	of the Family Law Article; 23
2225		-
2226		-	(26) Fails to educate a patient being treated for breast cancer of alternative 24
2227		-	methods of treatment as required by § 20–113 of the Health – General Article; 25
2228		-
2229		-	(27) Sells, prescribes, gives away, or administers drugs for illegal or 26
2230		-	illegitimate medical purposes; 27
2231		-
2232		-	(28) Fails to comply with the provisions of § 12–102 of this article; 28
2233		-
2234		-	(29) Refuses, withholds from, denies, or discriminates against an individual 29
2235		-	with regard to the provision of professional services for which the licensee is licensed and 30
2236		-	qualified to render because the individual is HIV positive; 31
	2104	+	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 3
	2105	+	IN THE PRACTICE OF M EDICINE IN THE STATE. 4
	2106	+
	2107	+	(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 5
	2108	+	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 6
	2109	+	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 7
	2110	+
	2111	+	14–515. 8
	2112	+
	2113	+	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 9
	2114	+	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 10
	2115	+	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 11
	2116	+	a license if the licensee: 12
	2117	+
	2118	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 13
	2119	+	the applicant or licensee or for another; 14
	2120	+
	2121	+	(2) Fraudulently or deceptively uses a license; 15
	2122	+
	2123	+	(3) Is guilty of: 16
	2124	+
	2125	+	(i) Immoral conduct in the practice of medicine; or 17
	2126	+
	2127	+	(ii) Unprofessional conduct in the practice of medicine; 18
	2128	+
	2129	+	(4) Is professionally, physically, or mentally incompetent; 19
	2130	+
	2131	+	(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 20
	2132	+	SUBTITLE; 21
	2133	+
	2134	+	(6) Abandons a patient; 22
	2135	+
	2136	+	(7) Habitually is intoxicated; 23
	2137	+
	2138	+	(8) Is addicted to, or habitually abuses, any narcotic or controlled 24
	2139	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 25
	2140	+
	2141	+	(9) Provides professional services: 26
	2142	+
	2143	+	(i) While under the influence of alcohol; or 27
	2144	+	46 HOUSE BILL 1252
	2145	+
	2146	+
	2147	+	(ii) While using any narcotic or controlled dangerous substance, as 1
	2148	+	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 2
	2149	+	amounts or without valid medical indication; 3
	2150	+
	2151	+	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 4
	2152	+	as to exploit the patient for financial gain; 5
	2153	+
	2154	+	(11) Willfully makes or files a false report or record in the practice of 6
	2155	+	medicine; 7
	2156	+
	2157	+	(12) Willfully fails to file or record any medical report as required under law, 8
	2158	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 9
	2159	+	to file or record the report; 10
	2160	+
	2161	+	(13) On proper request, and in accordance with the provisions of Title 4, 11
	2162	+	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 12
	2163	+	record to the patient, another physician, or hospital; 13
	2164	+
	2165	+	(14) Solicits professional patronage through an agent or other person or 14
	2166	+	profits from the acts of a person who is represented as an agent of the physician; 15
	2167	+
	2168	+	(15) Pays or agrees to pay any sum to any person for bringing or referring a 16
	2169	+	patient or accepts or agrees to accept any sum from any person for bringing or referring a 17
	2170	+	patient; 18
	2171	+
	2172	+	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 19
	2173	+	the laboratory for a test or test series for a patient, unless the licensed physician discloses 20
	2174	+	on the bill to the patient or third–party payor: 21
	2175	+
	2176	+	(i) The name of the laboratory; 22
	2177	+
	2178	+	(ii) The amount paid to the laboratory for the test or test series; and 23
	2179	+
	2180	+	(iii) The amount of procurement or processing charge of the licensed 24
	2181	+	physician, if any, for each specimen taken; 25
	2182	+
	2183	+	(17) Makes a willful misrepresentation in treatment; 26
	2184	+
	2185	+	(18) Practices medicine with an unauthorized person or aids an 27
	2186	+	unauthorized person in the practice of medicine; 28
	2187	+
	2188	+	(19) Grossly overutilizes health care services; 29
	2189	+
	2190	+	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 30
	2191	+	method, treatment, or medicine; 31
	2192	+	HOUSE BILL 1252 47
	2193	+
	2194	+
	2195	+	(21) Is disciplined by a licensing or disciplinary authority or convicted or 1
	2196	+	disciplined by a court of any state or country or disciplined by any branch of the United 2
	2197	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 3
	2198	+	for disciplinary action under this section; 4
	2199	+
	2200	+	(22) Fails to meet appropriate standards as determined by appropriate peer 5
	2201	+	review for the delivery of quality medical and surgical care performed in an outpatient 6
	2202	+	surgical facility, office, hospital, or any other location in this State; 7
	2203	+
	2204	+	(23) Willfully submits false statements to collect fees for which services are 8
	2205	+	not provided; 9
	2206	+
	2207	+	(24) Was subject to investigation or disciplinary action by a licensing or 10
	2208	+	disciplinary authority or by a court of any state or country for an act that would be grounds 11
	2209	+	for disciplinary action under this section and the licensee: 12
	2210	+
	2211	+	(i) Surrendered the license issued by the state or country to the 13
	2212	+	state or country; or 14
	2213	+
	2214	+	(ii) Allowed the license issued by the state or country to expire or 15
	2215	+	lapse; 16
	2216	+
	2217	+	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 17
	2218	+	of the Family Law Article; 18
	2219	+
	2220	+	(26) Fails to educate a patient being treated for breast cancer of alternative 19
	2221	+	methods of treatment as required by § 20–113 of the Health – General Article; 20
	2222	+
	2223	+	(27) Sells, prescribes, gives away, or administers drugs for illegal or 21
	2224	+	illegitimate medical purposes; 22
	2225	+
	2226	+	(28) Fails to comply with the provisions of § 12–102 of this article; 23
	2227	+
	2228	+	(29) Refuses, withholds from, denies, or discriminates against an individual 24
	2229	+	with regard to the provision of professional services for which the licensee is licensed and 25
	2230	+	qualified to render because the individual is HIV positive; 26
	2231	+
	2232	+	(30) Except as to an association that has remained in continuous existence 27
	2233	+	since July 1, 1963: 28
	2234	+
	2235	+	(i) Associates with a pharmacist as a partner or co–owner of a 29
	2236	+	pharmacy for the purpose of operating a pharmacy; 30
	2237	+
	2238	+	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 31
	2239	+	or 32
2237	2240		48 HOUSE BILL 1252
2238	2241
2239	2242
2240		-	(30) Except as to an association that has remained in continuous existence 1
2241		-	since July 1, 1963: 2
2242		-
2243		-	(i) Associates with a pharmacist as a partner or co–owner of a 3
2244		-	pharmacy for the purpose of operating a pharmacy; 4
2245		-
2246		-	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 5
2247		-	or 6
2248		-
2249		-	(iii) Contracts with a pharmacist for the purpose of operating a 7
2250		-	pharmacy; 8
2251		-
2252		-	(31) Except in an emergency life–threatening situation where it is not 9
2253		-	feasible or practicable, fails to comply with the Centers for Disease Control and 10
2254		-	Prevention’s guidelines on universal precautions; 11
2255		-
2256		-	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 12
2257		-	subtitle; 13
2258		-
2259		-	(33) Fails to cooperate with a lawful investigation conducted by the Board 14
2260		-	or a disciplinary panel; 15
2261		-
2262		-	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 16
2263		-	Article; 17
2264		-
2265		-	(35) Is in breach of a service obligation resulting from the applicant’s or 18
2266		-	licensee’s receipt of State or federal funding for the licensee’s medical education; 19
2267		-
2268		-	(36) Willfully makes a false representation when seeking or making 20
2269		-	application for licensure or any other application related to the practice of medicine; 21
2270		-
2271		-	(37) By corrupt means, threats, or force, intimidates or influences, or 22
2272		-	attempts to intimidate or influence, for the purpose of causing any person to withhold or 23
2273		-	change testimony in hearings or proceedings before the Board or a disciplinary panel or 24
2274		-	those otherwise delegated to the Office of Administrative Hearings; 25
2275		-
2276		-	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 26
2277		-	delays any person from making information available to the Board or a disciplinary panel 27
2278		-	in furtherance of any investigation of the Board or a disciplinary panel; 28
2279		-
2280		-	(39) Intentionally misrepresents credentials for the purpose of testifying or 29
2281		-	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 30
2282		-	panel or those otherwise delegated to the Office of Administrative Hearings; 31
2283		-
2284		-	(40) Fails to keep adequate medical records as determined by appropriate 32
2285		-	peer review; 33
	2243	+	(iii) Contracts with a pharmacist for the purpose of operating a 1
	2244	+	pharmacy; 2
	2245	+
	2246	+	(31) Except in an emergency life–threatening situation where it is not 3
	2247	+	feasible or practicable, fails to comply with the Centers for Disease Control and 4
	2248	+	Prevention’s guidelines on universal precautions; 5
	2249	+
	2250	+	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 6
	2251	+	subtitle; 7
	2252	+
	2253	+	(33) Fails to cooperate with a lawful investigation conducted by the Board 8
	2254	+	or a disciplinary panel; 9
	2255	+
	2256	+	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 10
	2257	+	Article; 11
	2258	+
	2259	+	(35) Is in breach of a service obligation resulting from the applicant’s or 12
	2260	+	licensee’s receipt of State or federal funding for the licensee’s medical education; 13
	2261	+
	2262	+	(36) Willfully makes a false representation when seeking or making 14
	2263	+	application for licensure or any other application related to the practice of medicine; 15
	2264	+
	2265	+	(37) By corrupt means, threats, or force, intimidates or influences, or 16
	2266	+	attempts to intimidate or influence, for the purpose of causing any person to withhold or 17
	2267	+	change testimony in hearings or proceedings before the Board or a disciplinary panel or 18
	2268	+	those otherwise delegated to the Office of Administrative Hearings; 19
	2269	+
	2270	+	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 20
	2271	+	delays any person from making information available to the Board or a disciplinary panel 21
	2272	+	in furtherance of any investigation of the Board or a disciplinary panel; 22
	2273	+
	2274	+	(39) Intentionally misrepresents credentials for the purpose of testifying or 23
	2275	+	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 24
	2276	+	panel or those otherwise delegated to the Office of Administrative Hearings; 25
	2277	+
	2278	+	(40) Fails to keep adequate medical records as determined by appropriate 26
	2279	+	peer review; 27
	2280	+
	2281	+	(41) Performs a cosmetic surgical procedure in an office or a facility that is 28
	2282	+	not: 29
	2283	+
	2284	+	(i) Accredited by: 30
	2285	+
	2286	+	1. The American Association for Accreditation of Ambulatory 31
	2287	+	Surgical Facilities; 32
2286	2288		HOUSE BILL 1252 49
2287	2289
2288	2290
2289		-	(41) Performs a cosmetic surgical procedure in an office or a facility that is 1
2290		-	not: 2
2291		-
2292		-	(i) Accredited by: 3
2293		-
2294		-	1. The American Association for Accreditation of Ambulatory 4
2295		-	Surgical Facilities; 5
2296		-
2297		-	2. The Accreditation Association for Ambulatory Health 6
2298		-	Care; or 7
2299		-
2300		-	3. The Joint Commission on the Accreditation of Healthcare 8
2301		-	Organizations; or 9
2302		-
2303		-	(ii) Certified to participate in the Medicare program, as enacted by 10
2304		-	Title XVIII of the Social Security Act; 11
2305		-
2306		-	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 12
2307		-	14–302 of this title; 13
2308		-
2309		-	(43) Except for the licensure process described under Subtitle 3A of this title, 14
2310		-	violates any provision of this title, any rule or regulation adopted by the Board, or any State 15
2311		-	or federal law pertaining to the practice of medicine; 16
2312		-
2313		-	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 17
2314		-	AND Subtitle 3 of this title; 18
2315		-
2316		-	(45) Fails to comply with § 1–223 of this article; or 19
2317		-
2318		-	(46) Fails to comply with the requirements of the Prescription Drug 20
2319		-	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 21
2320		-
2321		-	14–516. 22
2322		-
2323		-	THE PUBLIC INDIVIDUAL PR OFILE FOR A LICENSED PHYSICIAN CREATED AN D 23
2324		-	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 24
2325		-	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 25
2326		-	THE LICENSEE INCLUDI NG: 26
2327		-
2328		-	(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE LI CENSEE 27
2329		-	ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 28
2330		-	SCHOOL; 29
2331		-
2332		-	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 30
2333		-	50 HOUSE BILL 1252
2334		-
2335		-
2336		-	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 1
2337		-	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 2
2338		-	AMERICAN OSTEOPATHIC ASSOCIATION; 3
2339		-
2340		-	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 4
2341		-	PRIVILEGES; 5
2342		-
2343		-	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 6
2344		-
2345		-	(6) WHETHER THE LICENSEE PARTICIPATES IN TH E MARYLAND 7
2346		-	MEDICAL ASSISTANCE PROGRAM; 8
2347		-
2348		-	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 9
2349		-	LIABILITY INSURANCE ; AND 10
2350		-
2351		-	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 11
2352		-	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 12
2353		-	RECENT 10–YEAR PERIOD. 13
2354		-
2355		-	14–517. 14
2356		-
2357		-	(a) (1) Each hospital and related institution shall submit to the Board a report 15
2358		-	within 10 days after: 16
2359		-
2360		-	(i) The hospital or related institution denied the application of a 17
2361		-	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 18
2362		-	privileges of a physician, or the physician resigned whether or not under formal accusation, 19
2363		-	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 20
2364		-	might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 21
2365		-
2366		-	(ii) The hospital or related institution took any disciplinary action 22
2367		-	against a salaried, licensed physician without staff privileges, including termination of 23
2368		-	employment, suspension, or probation, for reasons that might be grounds for disciplinary 24
2369		-	action under [§ 14–404] § 14–515 of this subtitle; 25
2370		-
2371		-	(iii) A licensed physician voluntarily resigned from the staff, employ, 26
2372		-	or training program of the hospital or related institution for reasons that might be grounds 27
2373		-	for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 28
2374		-
2375		-	(iv) The hospital or related institution placed any other restrictions 29
2376		-	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 30
2377		-	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 31
2378		-	§ 14–515 of this subtitle. 32
2379		-
2380		-	14–518. 33 HOUSE BILL 1252 51
2381		-
2382		-
2383		-
2384		-	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 1
2385		-	submit to the Board a report within 10 days after: 2
2386		-
2387		-	(i) The alternative health system denied the formal application of a 3
2388		-	physician to contract with the alternative health system or limited, reduced, otherwise 4
2389		-	changed, or terminated the contract of a physician, or the physician resigned whether or 5
2390		-	not under formal accusation, if the denial, limitation, reduction, change, termination, or 6
2391		-	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 7
2392		-	14–515 of this subtitle; or 8
2393		-
2394		-	(ii) The alternative health system placed any other restrictions or 9
2395		-	conditions on any licensed physician for any reasons that might be grounds for disciplinary 10
2396		-	action under [§ 14–404] § 14–515 of this subtitle. 11
2397		-
2398		-	14–521. 12
2399		-
2400		-	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 13
	2291	+	2. The Accreditation Association for Ambulatory Health 1
	2292	+	Care; or 2
	2293	+
	2294	+	3. The Joint Commission on the Accreditation of Healthcare 3
	2295	+	Organizations; or 4
	2296	+
	2297	+	(ii) Certified to participate in the Medicare program, as enacted by 5
	2298	+	Title XVIII of the Social Security Act; 6
	2299	+
	2300	+	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 7
	2301	+	14–302 of this title; 8
	2302	+
	2303	+	(43) Except for the licensure process described under Subtitle 3A of this title, 9
	2304	+	violates any provision of this title, any rule or regulation adopted by the Board, or any State 10
	2305	+	or federal law pertaining to the practice of medicine; 11
	2306	+
	2307	+	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 12
	2308	+	AND Subtitle 3 of this title; 13
	2309	+
	2310	+	(45) Fails to comply with § 1–223 of this article; or 14
	2311	+
	2312	+	(46) Fails to comply with the requirements of the Prescription Drug 15
	2313	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 16
	2314	+
	2315	+	14–516. 17
	2316	+
	2317	+	THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AN D 18
	2318	+	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 19
	2319	+	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 20
	2320	+	THE LICENSEE INCLUDI NG: 21
	2321	+
	2322	+	(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 22
	2323	+	ATTENDED AND THE DATE ON WHICH TH E LICENSEE GRADUATED FROM THE 23
	2324	+	SCHOOL; 24
	2325	+
	2326	+	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 25
	2327	+
	2328	+	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 26
	2329	+	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 27
	2330	+	AMERICAN OSTEOPATHIC ASSOCIATION; 28
	2331	+
	2332	+	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 29
	2333	+	PRIVILEGES; 30
	2334	+
	2335	+	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 31 50 HOUSE BILL 1252
	2336	+
	2337	+
	2338	+
	2339	+	(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 1
	2340	+	MEDICAL ASSISTANCE PROGRAM; 2
	2341	+
	2342	+	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 3
	2343	+	LIABILITY INSURANCE ; AND 4
	2344	+
	2345	+	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 5
	2346	+	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 6
	2347	+	RECENT 10–YEAR PERIOD. 7
	2348	+
	2349	+	14–517. 8
	2350	+
	2351	+	(a) (1) Each hospital and related institution shall submit to the Board a report 9
	2352	+	within 10 days after: 10
	2353	+
	2354	+	(i) The hospital or related institution denied the application of a 11
	2355	+	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 12
	2356	+	privileges of a physician, or the physician resigned whether or not under formal accusation, 13
	2357	+	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 14
	2358	+	might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 15
	2359	+
	2360	+	(ii) The hospital or related institution took any disciplinary action 16
	2361	+	against a salaried, licensed physician without staff privileges, including termination of 17
	2362	+	employment, suspension, or probation, for reasons that might be grounds for disciplinary 18
	2363	+	action under [§ 14–404] § 14–515 of this subtitle; 19
	2364	+
	2365	+	(iii) A licensed physician voluntarily resigned from the staff, employ, 20
	2366	+	or training program of the hospital or related institution for reasons that might be grounds 21
	2367	+	for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 22
	2368	+
	2369	+	(iv) The hospital or related institution placed any other restrictions 23
	2370	+	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 24
	2371	+	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 25
	2372	+	§ 14–515 of this subtitle. 26
	2373	+
	2374	+	14–518. 27
	2375	+
	2376	+	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 28
	2377	+	submit to the Board a report within 10 days after: 29
	2378	+
	2379	+	(i) The alternative health system denied the formal application of a 30
	2380	+	physician to contract with the alternative health system or limited, reduced, otherwise 31
	2381	+	changed, or terminated the contract of a physician, or the physician resigned whether or 32
	2382	+	not under formal accusation, if the denial, limitation, reduction, change, termination, or 33 HOUSE BILL 1252 51
	2383	+
	2384	+
	2385	+	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 1
	2386	+	14–515 of this subtitle; or 2
	2387	+
	2388	+	(ii) The alternative health system placed any other restrictions or 3
	2389	+	conditions on any licensed physician for any reasons that might be grounds for disciplinary 4
	2390	+	action under [§ 14–404] § 14–515 of this subtitle. 5
	2391	+
	2392	+	14–521. 6
	2393	+
	2394	+	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTIO N IS 7
	2395	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 8
	2396	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 9
	2397	+
	2398	+	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
	2399	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
	2400	+
	2401	+	14–524. 12
	2402	+
	2403	+	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 13
2401	2404		GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 14
2402	2405		EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 15
2403	2406
2404	2407		(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTE D UNDER THIS 16
2405	2408		SECTION INTO THE BOARD OF PHYSICIANS FUND. 17
2406	2409
2407		-	14–524. 18
2408		-
2409		-	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 19
2410		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 20
2411		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 21
2412		-
2413		-	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
2414		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
2415		-
2416		-	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 24
2417		-	or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 25
2418		-	by injunction or other appropriate proceedings. 26
2419		-
2420		-	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 27
2421		-	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 28
2422		-	SECTION. 29
2423		-
2424		-	14–525. 30
	2410	+	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 18
	2411	+	or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 19
	2412	+	by injunction or other appropriate proceedings. 20
	2413	+
	2414	+	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 21
	2415	+	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 22
	2416	+	SECTION. 23
	2417	+
	2418	+	14–525. 24
	2419	+
	2420	+	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 25
	2421	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
	2422	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 27
	2423	+
	2424	+	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UNDER TH IS 28
	2425	+	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 29
	2426	+	PENALTY OF NOT MORE THAN $100. 30
2425	2427		52 HOUSE BILL 1252
2426	2428
2427	2429
2428		-	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 1
2429		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 2
2430		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 3
2431		-
2432		-	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 4
2433		-	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 5
2434		-	PENALTY OF NOT MORE THAN $100. 6
2435		-
2436		-	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 7
2437		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 8
2438		-
2439		-	14–527. 9
2440		-
2441		-	(A) Except as otherwise provided in this title, a person may not practice, attempt 10
2442		-	to practice, or offer to practice medicine in this State unless licensed by the Board. 11
2443		-
2444		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 12
2445		-	PERSON WHO VIOLATES THIS SECTION IS: 13
2446		-
2447		-	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 14
2448		-	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 15
2449		-	BOTH; AND 16
2450		-
2451		-	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 17
2452		-	BE LEVIED BY A DISCIPLINARY PANEL. 18
2453		-
2454		-	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 19
2455		-	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 20
2456		-	§ 14–306 OF THIS TITLE IF: 21
2457		-
2458		-	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 22
2459		-	OF THE LICENSE; AND 23
2460		-
2461		-	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 24
2462		-	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 25
2463		-
2464		-	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 26
2465		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 27
2466		-
2467		-	14–528. 28
2468		-
2469		-	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 29
2470		-	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 30 HOUSE BILL 1252 53
2471		-
2472		-
2473		-	word to describe the occupation of the individual as in phrases such as “physician’s 1
2474		-	assistant” or “physician’s aide”. 2
2475		-
2476		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 3
2477		-	PERSON WHO VIOLATES THIS SECTION IS: 4
2478		-
2479		-	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 5
2480		-	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 6
2481		-	BOTH; AND 7
2482		-
2483		-	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 8
2484		-	BE LEVIED BY A DISCI PLINARY PANEL . 9
2485		-
2486		-	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 10
2487		-	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 11
2488		-	§ 14–306 OF THIS TITLE IF: 12
2489		-
2490		-	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 13
2491		-	OF THE LICENSE; AND 14
2492		-
2493		-	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 15
2494		-	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 16
2495		-
2496		-	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 17
2497		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 18
2498		-
2499		-	14–5A–01. 19
2500		-
2501		-	(a) In this subtitle the following words have the meanings indicated. 20
2502		-
2503		-	(c) “Committee” means the Respiratory Care [Professional Standards] 21
2504		-	ADVISORY Committee established under § 14–5A–05 of this subtitle. 22
2505		-
2506		-	14–5A–05. 23
2507		-
2508		-	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 24
2509		-	the Board. 25
2510		-
2511		-	14–5A–06. 26
2512		-
2513		-	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 27
2514		-
2515		-	14–5A–09. 28
	2430	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
	2431	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
	2432	+
	2433	+	14–527. 3
	2434	+
	2435	+	(A) Except as otherwise provided in this title, a person may not practice, attempt 4
	2436	+	to practice, or offer to practice medicine in this State unless licensed by the Board. 5
	2437	+
	2438	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 6
	2439	+	PERSON WHO VIOLATES THIS SECTION IS: 7
	2440	+
	2441	+	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 8
	2442	+	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 9
	2443	+	BOTH; AND 10
	2444	+
	2445	+	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 11
	2446	+	BE LEVIED BY A DISCI PLINARY PANEL . 12
	2447	+
	2448	+	(2) THE PROVISIONS OF PARAGRAPH (1) OF THIS SUBSECTION D O 13
	2449	+	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 14
	2450	+	§ 14–306 OF THIS TITLE IF: 15
	2451	+
	2452	+	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 16
	2453	+	OF THE LICENSE; AND 17
	2454	+
	2455	+	(II) THE FORMER LICENSEE H AS APPLIED FOR LICENSE 18
	2456	+	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 19
	2457	+
	2458	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 20
	2459	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
	2460	+
	2461	+	14–528. 22
	2462	+
	2463	+	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 23
	2464	+	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 24
	2465	+	word to describe the occupation of the individual as in phrases such as “physician’s 25
	2466	+	assistant” or “physician’s aide”. 26
	2467	+
	2468	+	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 27
	2469	+	PERSON WHO VIOLATES THIS SECTION IS: 28
	2470	+
	2471	+	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 29
	2472	+	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 30
	2473	+	BOTH; AND 31 HOUSE BILL 1252 53
	2474	+
	2475	+
	2476	+
	2477	+	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE T HAN $50,000 TO 1
	2478	+	BE LEVIED BY A DISCI PLINARY PANEL . 2
	2479	+
	2480	+	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 3
	2481	+	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 4
	2482	+	§ 14–306 OF THIS TITLE IF: 5
	2483	+
	2484	+	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 6
	2485	+	OF THE LICENSE; AND 7
	2486	+
	2487	+	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 8
	2488	+	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 9
	2489	+
	2490	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
	2491	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
	2492	+
	2493	+	14–5A–01. 12
	2494	+
	2495	+	(a) In this subtitle the following words have the meanings indicated. 13
	2496	+
	2497	+	(c) “Committee” means the Respiratory Care [Professional Standards] 14
	2498	+	ADVISORY Committee established under § 14–5A–05 of this subtitle. 15
	2499	+
	2500	+	14–5A–05. 16
	2501	+
	2502	+	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 17
	2503	+	the Board. 18
	2504	+
	2505	+	14–5A–06. 19
	2506	+
	2507	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 20
	2508	+
	2509	+	14–5A–09. 21
	2510	+
	2511	+	(a) [To qualify for a license, an applicant shall be an individual who meets the 22
	2512	+	requirements of this section. 23
	2513	+
	2514	+	(b) The applicant shall be of good moral character. 24
	2515	+
	2516	+	(c) The applicant shall be at least 18 years old. 25
	2517	+
	2518	+	(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 26
	2519	+	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 27
2516	2520		54 HOUSE BILL 1252
2517	2521
2518	2522
2519		-	(a) [To qualify for a license, an applicant shall be an individual who meets the 1
2520		-	requirements of this section. 2
2521		-
2522		-	(b) The applicant shall be of good moral character. 3
2523		-
2524		-	(c) The applicant shall be at least 18 years old. 4
2525		-
2526		-	(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 5
2527		-	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 6
2528		-
2529		-	(1) Meet] MEET any educational, training, or examination requirements 7
2530		-	established by the Board including: 8
2531		-
2532		-	[(i)] (1) Graduation from an appropriate educational program as 9
2533		-	determined by the Board; and 10
2534		-
2535		-	[(ii)] (2) Certification by a national certifying board approved by 11
2536		-	the Board[; and 12
2537		-
2538		-	(2) Demonstrate oral and written competency in English as required by the 13
2539		-	Board]. 14
2540		-
2541		-	[(e) The applicant shall complete a criminal history records check in accordance 15
2542		-	with § 14–308.1 of this title.] 16
2543		-
2544		-	14–5A–17. 17
	2523	+	(1) Meet] MEET any educational, training, or examination requirements 1
	2524	+	established by the Board including: 2
	2525	+
	2526	+	[(i)] (1) Graduation from an appropriate educational program as 3
	2527	+	determined by the Board; and 4
	2528	+
	2529	+	[(ii)] (2) Certification by a national certifying board approved by 5
	2530	+	the Board[; and 6
	2531	+
	2532	+	(2) Demonstrate oral and written competency in English as required by the 7
	2533	+	Board]. 8
	2534	+
	2535	+	[(e) The applicant shall complete a criminal history records check in accordance 9
	2536	+	with § 14–308.1 of this title.] 10
	2537	+
	2538	+	14–5A–17. 11
	2539	+
	2540	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 12
	2541	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 13
	2542	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 14
	2543	+	suspend or revoke a license, if the [applicant or] licensee: 15
	2544	+
	2545	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 16
	2546	+	the applicant, licensee, or for another; 17
	2547	+
	2548	+	(2) Fraudulently or deceptively uses a license; 18
	2549	+
	2550	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 19
	2551	+	respiratory care; 20
	2552	+
	2553	+	(4) Is professionally, physically, or mentally incompetent; 21
	2554	+
	2555	+	(5) Abandons a patient; 22
	2556	+
	2557	+	(6) Is habitually intoxicated; 23
	2558	+
	2559	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 24
	2560	+	substance as defined in § 5–101 of the Criminal Law Article; 25
	2561	+
	2562	+	(8) Provides professional services while: 26
	2563	+
	2564	+	(i) Under the influence of alcohol; or 27
	2565	+
	2566	+	(ii) Using any narcotic or controlled dangerous substance as defined 28
	2567	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 29
	2568	+	amounts or without valid medical indication; 30 HOUSE BILL 1252 55
	2569	+
	2570	+
	2571	+
	2572	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 1
	2573	+	patient so as to exploit the patient for financial gain; 2
	2574	+
	2575	+	(10) Willfully makes or files a false report or record in the practice of 3
	2576	+	respiratory care; 4
	2577	+
	2578	+	(11) Willfully fails to file or record any report as required under law, 5
	2579	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
	2580	+	to file or record a report; 7
	2581	+
	2582	+	(12) Breaches patient confidentiality; 8
	2583	+
	2584	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 9
	2585	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 10
	2586	+	accept any sum or any form of remuneration or material benefit from an individual for 11
	2587	+	bringing or referring a patient; 12
	2588	+
	2589	+	(14) Knowingly makes a misrepresentation while practicing respiratory 13
	2590	+	care; 14
	2591	+
	2592	+	(15) Knowingly practices respiratory care with an unauthorized individual 15
	2593	+	or aids an unauthorized individual in the practice of respiratory care; 16
	2594	+
	2595	+	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 17
	2596	+	method, treatment, or medicine; 18
	2597	+
	2598	+	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 19
	2599	+	disciplined by a court of any state or country or is disciplined by any branch of the United 20
	2600	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 21
	2601	+	for disciplinary action under the Board’s disciplinary statutes; 22
	2602	+
	2603	+	(18) Fails to meet appropriate standards for the delivery of respiratory care 23
	2604	+	performed in any inpatient or outpatient facility, office, hospital or related institution, 24
	2605	+	domiciliary care facility, patient’s home, or any other location in this State; 25
	2606	+
	2607	+	(19) Knowingly submits false statements to collect fees for which services 26
	2608	+	are not provided; 27
	2609	+
	2610	+	(20) (i) Has been subject to investigation or disciplinary action by a 28
	2611	+	licensing or disciplinary authority or by a court of any state or country for an act that would 29
	2612	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 30
	2613	+
	2614	+	(ii) Has: 31
	2615	+
	2616	+	1. Surrendered the license issued by the state or country; or 32
	2617	+	56 HOUSE BILL 1252
	2618	+
	2619	+
	2620	+	2. Allowed the license issued by the state or country to expire 1
	2621	+	or lapse; 2
	2622	+
	2623	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 3
	2624	+	of the Family Law Article; 4
	2625	+
	2626	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 5
	2627	+	illegitimate medical purposes; 6
	2628	+
	2629	+	(23) Practices or attempts to practice beyond the authorized scope of 7
	2630	+	practice; 8
	2631	+
	2632	+	(24) Refuses, withholds from, denies, or discriminates against an individual 9
	2633	+	with regard to the provision of professional services for which the licensee is licensed and 10
	2634	+	qualified to render because the individual is HIV positive; 11
	2635	+
	2636	+	(25) Practices or attempts to practice a respiratory care procedure or uses or 12
	2637	+	attempts to use respiratory care equipment if the applicant or licensee has not received 13
	2638	+	education and training in the performance of the procedure or the use of the equipment; 14
	2639	+
	2640	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 15
	2641	+	or a disciplinary panel; 16
	2642	+
	2643	+	(27) Fails to practice under the supervision of a physician or violates a 17
	2644	+	supervisory order of a supervising physician; or 18
	2645	+
	2646	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 19
	2647	+	14–302 of this title. 20
	2648	+
	2649	+	14–5B–05. 21
	2650	+
	2651	+	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 22
	2652	+
	2653	+	14–5B–07. 23
	2654	+
	2655	+	(a) (2) The failure of a licensed physician to properly supervise a licensee is 24
	2656	+	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 25
	2657	+	of this title. 26
	2658	+
	2659	+	14–5B–09. 27
	2660	+
	2661	+	(a) [To qualify for a license, an applicant shall be an individual who meets the 28
	2662	+	requirements of this section. 29
	2663	+	HOUSE BILL 1252 57
	2664	+
	2665	+
	2666	+	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 1
	2667	+	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 2
	2668	+	TITLE, AN applicant shall[: 3
	2669	+
	2670	+	(1) Be of good moral character; 4
	2671	+
	2672	+	(2) Be at least 18 years old; 5
	2673	+
	2674	+	(3) Demonstrate oral and written competency in English as required by the 6
	2675	+	Board; 7
	2676	+
	2677	+	(4) Meet] MEET any educational, training, or examination requirements 8
	2678	+	established by the Board, including: 9
	2679	+
	2680	+	[(i)] (1) Graduation from an appropriate educational program as 10
	2681	+	determined by the Board; and 11
	2682	+
	2683	+	[(ii)] (2) Certification[; and 12
	2684	+
	2685	+	(5) Complete a criminal history records check in accordance with § 13
	2686	+	14–308.1 of this title]. 14
	2687	+
	2688	+	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 15
	2689	+	applicant shall: 16
	2690	+
	2691	+	(1) Be issued a general license to perform radiography; 17
	2692	+
	2693	+	(2) Complete an advanced academic program with a nationally recognized 18
	2694	+	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 19
	2695	+	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 20
	2696	+
	2697	+	(3) Be certified in advanced cardiac life support; and 21
	2698	+
	2699	+	(4) Be certified as a radiologist assistant by the American Registry of 22
	2700	+	Radiologic Technologists. 23
	2701	+
	2702	+	[(d)] (C) Except for requirements adopted by the Board for license renewal under 24
	2703	+	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 25
	2704	+	construed to require an individual who is certified by the Board as a radiation 26
	2705	+	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 27
	2706	+	technologist as of October 1, 2008, to meet additional education, training, or examination 28
	2707	+	requirements. 29
	2708	+
	2709	+	14–5B–11. 30
	2710	+	58 HOUSE BILL 1252
	2711	+
	2712	+
	2713	+	(a) Licensure as a radiation therapist authorizes an individual to practice 1
	2714	+	radiation therapy IN THE STATE while the license is effective. 2
	2715	+
	2716	+	(b) Licensure as a radiographer authorizes an individual to practice radiography 3
	2717	+	IN THE STATE while the license is effective. 4
	2718	+
	2719	+	(c) Licensure as a nuclear medicine technologist authorizes an individual to 5
	2720	+	practice nuclear medicine technology IN THE STATE while the license is effective. 6
	2721	+
	2722	+	(d) Licensure as a radiologist assistant authorizes an individual to practice 7
	2723	+	radiology assistance IN THE STATE while the license is effective. 8
	2724	+
	2725	+	14–5B–14. 9
	2726	+
	2727	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
	2728	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 11
	2729	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
	2730	+	suspend or revoke a license, if the [applicant or] licensee: 13
	2731	+
	2732	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 14
	2733	+	the applicant, licensed individual, or for another; 15
	2734	+
	2735	+	(2) Fraudulently or deceptively uses a license; 16
	2736	+
	2737	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 17
	2738	+	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 18
	2739	+
	2740	+	(4) Is professionally, physically, or mentally incompetent; 19
	2741	+
	2742	+	(5) Abandons a patient; 20
	2743	+
	2744	+	(6) Is habitually intoxicated; 21
	2745	+
	2746	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
	2747	+	substance as defined in § 5–101 of the Criminal Law Article; 23
	2748	+
	2749	+	(8) Provides professional services while: 24
	2750	+
	2751	+	(i) Under the influence of alcohol; or 25
	2752	+
	2753	+	(ii) Using any narcotic or controlled dangerous substance as defined 26
	2754	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
	2755	+	amounts or without valid medical indication; 28
	2756	+
	2757	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 29
	2758	+	patient so as to exploit the patient for financial gain; 30 HOUSE BILL 1252 59
	2759	+
	2760	+
	2761	+
	2762	+	(10) Willfully makes or files a false report or record in the practice of 1
	2763	+	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 2
	2764	+
	2765	+	(11) Willfully fails to file or record any report as required under law, 3
	2766	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
	2767	+	to file or record a report; 5
	2768	+
	2769	+	(12) Breaches patient confidentiality; 6
	2770	+
	2771	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
	2772	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 8
	2773	+	accept any sum or any form of remuneration or material benefit from an individual for 9
	2774	+	bringing or referring a patient; 10
	2775	+
	2776	+	(14) Knowingly makes a misrepresentation while practicing radiation 11
	2777	+	therapy, radiography, nuclear medicine technology, or radiology assistance; 12
	2778	+
	2779	+	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 13
	2780	+	technology, or radiology assistance with an unauthorized individual or aids an 14
	2781	+	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 15
	2782	+	technology, or radiology assistance; 16
	2783	+
	2784	+	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 17
	2785	+	method, treatment, or medicine; 18
	2786	+
	2787	+	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 19
	2788	+	disciplined by a court of any state or country or is disciplined by any branch of the United 20
	2789	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 21
	2790	+	for disciplinary action under the Board’s disciplinary statutes; 22
	2791	+
	2792	+	(18) Fails to meet appropriate standards for the delivery of quality radiation 23
	2793	+	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 24
	2794	+	in any outpatient surgical facility, office, hospital or related institution, or any other 25
	2795	+	location in this State; 26
	2796	+
	2797	+	(19) Knowingly submits false statements to collect fees for which services 27
	2798	+	are not provided; 28
	2799	+
	2800	+	(20) (i) Has been subject to investigation or disciplinary action by a 29
	2801	+	licensing or disciplinary authority or by a court of any state or country for an act that would 30
	2802	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 31
	2803	+
	2804	+	(ii) Has: 32
	2805	+
	2806	+	1. Surrendered the license issued by the state or country; or 33
	2807	+	60 HOUSE BILL 1252
	2808	+
	2809	+
	2810	+	2. Allowed the license issued by the state or country to expire 1
	2811	+	or lapse; 2
	2812	+
	2813	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 3
	2814	+	of the Family Law Article; 4
	2815	+
	2816	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 5
	2817	+	illegitimate medical purposes; 6
	2818	+
	2819	+	(23) Practices or attempts to practice beyond the authorized scope of 7
	2820	+	practice; 8
	2821	+
	2822	+	(24) Refuses, withholds from, denies, or discriminates against an individual 9
	2823	+	with regard to the provision of professional services for which the licensee is licensed and 10
	2824	+	qualified to render because the individual is HIV positive; 11
	2825	+
	2826	+	(25) Practices or attempts to practice a radiation therapy, radiography, 12
	2827	+	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 13
	2828	+	radiography, nuclear medicine technology, or radiology assistance equipment if the 14
	2829	+	applicant or licensee has not received education, internship, training, or experience in the 15
	2830	+	performance of the procedure or the use of the equipment; 16
	2831	+
	2832	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 17
	2833	+	or a disciplinary panel; 18
	2834	+
	2835	+	(27) Fails to practice under the supervision of a physician or violates a 19
	2836	+	supervisory order of a supervising physician; or 20
	2837	+
	2838	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 21
	2839	+	14–302 of this title. 22
	2840	+
	2841	+	14–5C–01. 23
	2842	+
	2843	+	(a) In this subtitle the following words have the meanings indicated. 24
	2844	+
	2845	+	(c) “Committee” means the Polysomnography [Professional Standards] 25
	2846	+	ADVISORY Committee established under § 14–5C–05 of this subtitle. 26
	2847	+
	2848	+	14–5C–05. 27
	2849	+
	2850	+	There is a Polysomnography [Professional Standards] ADVISORY Committee within 28
	2851	+	the Board. 29
	2852	+
	2853	+	14–5C–06. 30
	2854	+
	2855	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEM BERS. 31 HOUSE BILL 1252 61
	2856	+
	2857	+
	2858	+
	2859	+	14–5C–08. 1
	2860	+
	2861	+	(b) This section does not apply to a student enrolled in an education program 2
	2862	+	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 3
	2863	+	in that program. 4
	2864	+
	2865	+	14–5C–09. 5
	2866	+
	2867	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 6
	2868	+	requirements of this section. 7
	2869	+
	2870	+	(b) The applicant shall: 8
	2871	+
	2872	+	(1) Be of good moral character; 9
	2873	+
	2874	+	(2) Be at least 18 years old; and 10
	2875	+
	2876	+	(3) Complete a criminal history records check in accordance with § 11
	2877	+	14–308.1 of this title. 12
	2878	+
	2879	+	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 13
	2880	+	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 14
	2881	+	license shall: 15
	2882	+
	2883	+	(1) Have passed the national certifying examination given by the Board of 16
	2884	+	Registered Polysomnographic Technologists or another examination approved by the 17
	2885	+	Board; 18
	2886	+
	2887	+	(2) Submit to the Board proof of certification as a registered 19
	2888	+	polysomnographic technologist or other national certification approved by the Board; 20
	2889	+
	2890	+	(3) (i) 1. Have graduated from a polysomnographic educational 21
	2891	+	program that is accredited by the Commission on Accreditation of Allied Health Education 22
	2892	+	Programs; or 23
	2893	+
	2894	+	2. A. Have graduated from a sleep technologist 24
	2895	+	educational program that is accredited by the American Academy of Sleep Medicine; and 25
	2896	+
	2897	+	B. Have completed a clinical component of an educational 26
	2898	+	program as established by the Committee and approved by the Board; 27
	2899	+
	2900	+	(ii) 1. Have graduated from a respiratory care educational 28
	2901	+	program that is accredited by the Commission on Accreditation of Allied Health Education 29
	2902	+	Programs; and 30
	2903	+	62 HOUSE BILL 1252
	2904	+
	2905	+
	2906	+	2. Have completed the Committee on Accreditation for 1
	2907	+	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 2
	2908	+	Commission on Accreditation of Allied Health Education Programs; or 3
	2909	+
	2910	+	(iii) 1. Have graduated from an electroneuro –diagnostic 4
	2911	+	educational program that is accredited by the Commission on Accreditation of Allied Health 5
	2912	+	Education Programs; and 6
	2913	+
	2914	+	2. Have completed additional units, modules, and courses of 7
	2915	+	instruction focused on polysomnographic technology that are accredited by the Commission 8
	2916	+	on Accreditation of Allied Health Education Programs; and 9
	2917	+
	2918	+	(4) Meet any other educational or clinical requirements established by the 10
	2919	+	Committee and approved by the Board. 11
	2920	+
	2921	+	14–5C–10. 12
	2922	+
	2923	+	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 13
	2924	+	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 14
	2925	+
	2926	+	(1) Has passed the national certifying examination by the Board of 15
	2927	+	Registered Polysomnographic Technologists or another examination approved by the 16
	2928	+	Board; 17
	2929	+
	2930	+	(2) Is certified by the Board of Registered Polysomnographic Technologists 18
	2931	+	as a registered polysomnographic technologist; 19
	2932	+
	2933	+	(3) Has submitted an application for licensure to the Board; and 20
	2934	+
	2935	+	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 21
	2936	+	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 22
	2937	+
	2938	+	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 23
	2939	+	of this section on or before September 30, 2013, the individual may petition the Board for 24
	2940	+	an extension. 25
	2941	+
	2942	+	(2) The Board shall determine whether to grant an extension under this 26
	2943	+	subsection on a case–by–case basis.] 27
	2944	+
	2945	+	14–5C–17. 28
	2946	+
	2947	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
	2948	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30
	2949	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 31
	2950	+	suspend or revoke a license, if the [applicant or] licensee: 32
	2951	+	HOUSE BILL 1252 63
	2952	+
	2953	+
	2954	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
	2955	+	the applicant, licensee, or for another; 2
	2956	+
	2957	+	(2) Fraudulently or deceptively uses a license; 3
	2958	+
	2959	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 4
	2960	+	polysomnography; 5
	2961	+
	2962	+	(4) Is professionally, physically, or mentally incompetent; 6
	2963	+
	2964	+	(5) Abandons a patient; 7
	2965	+
	2966	+	(6) Is habitually intoxicated; 8
	2967	+
	2968	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 9
	2969	+	substance as defined in § 5–101 of the Criminal Law Article; 10
	2970	+
	2971	+	(8) Provides professional services while: 11
	2972	+
	2973	+	(i) Under the influence of alcohol; or 12
	2974	+
	2975	+	(ii) Using any narcotic or controlled dangerous substance as defined 13
	2976	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 14
	2977	+	amounts or without valid medical indication; 15
	2978	+
	2979	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 16
	2980	+	patient so as to exploit the patient for financial gain; 17
	2981	+
	2982	+	(10) Willfully makes or files a false report or record in the practice of 18
	2983	+	polysomnography; 19
	2984	+
	2985	+	(11) Willfully fails to file or record any report as required under law, 20
	2986	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 21
	2987	+	to file or record a report; 22
	2988	+
	2989	+	(12) Breaches patient confidentiality; 23
	2990	+
	2991	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 24
	2992	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 25
	2993	+	accept any sum or any form of remuneration or material benefit from an individual for 26
	2994	+	bringing or referring a patient; 27
	2995	+
	2996	+	(14) Knowingly makes a misrepresentation while practicing 28
	2997	+	polysomnography; 29
	2998	+
	2999	+	(15) Knowingly practices polysomnography with an unauthorized individual 30
	3000	+	or aids an unauthorized individual in the practice of polysomnography; 31 64 HOUSE BILL 1252
	3001	+
	3002	+
	3003	+
	3004	+	(16) Knowingly delegates a polysomnographic duty to an unlicensed 1
	3005	+	individual; 2
	3006	+
	3007	+	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 3
	3008	+	method, treatment, or medicine; 4
	3009	+
	3010	+	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 5
	3011	+	disciplined by a court of any state or country or is disciplined by any branch of the United 6
	3012	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 7
	3013	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 8
	3014	+
	3015	+	(19) Fails to meet appropriate standards for the delivery of 9
	3016	+	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 10
	3017	+	center; 11
	3018	+
	3019	+	(20) Knowingly submits false statements to collect fees for which services 12
	3020	+	are not provided; 13
	3021	+
	3022	+	(21) (i) Has been subject to investigation or disciplinary action by a 14
	3023	+	licensing or disciplinary authority or by a court of any state or country for an act that would 15
	3024	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
	3025	+
	3026	+	(ii) Has: 17
	3027	+
	3028	+	1. Surrendered the license, if any, issued by the state or 18
	3029	+	country; or 19
	3030	+
	3031	+	2. Allowed the license, if any, issued by the state or country 20
	3032	+	to expire or lapse; 21
	3033	+
	3034	+	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 22
	3035	+	of the Family Law Article; 23
	3036	+
	3037	+	(23) Sells, prescribes, gives away, or administers drugs for illegal or 24
	3038	+	illegitimate medical purposes; 25
	3039	+
	3040	+	(24) Practices or attempts to practice beyond the authorized scope of 26
	3041	+	practice; 27
	3042	+
	3043	+	(25) Refuses, withholds from, denies, or discriminates against an individual 28
	3044	+	with regard to the provision of professional services for which the licensee is licensed and 29
	3045	+	qualified to render because the individual is HIV positive; 30
	3046	+
	3047	+	(26) Practices or attempts to practice a polysomnography procedure or uses 31
	3048	+	or attempts to use polysomnography equipment if the applicant or licensee has not received 32
	3049	+	education and training in the performance of the procedure or the use of the equipment; 33 HOUSE BILL 1252 65
	3050	+
	3051	+
	3052	+
	3053	+	(27) Fails to cooperate with a lawful investigation conducted by the Board; 1
	3054	+	or 2
	3055	+
	3056	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 3
	3057	+	14–302 of this title. 4
	3058	+
	3059	+	14–5D–05. 5
	3060	+
	3061	+	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 6
	3062	+
	3063	+	14–5D–07. 7
	3064	+
	3065	+	(b) This section does not apply to: 8
	3066	+
	3067	+	(1) An individual employed by the federal government as an athletic 9
	3068	+	trainer while the individual is practicing within the scope of that employment; 10
	3069	+
	3070	+	(2) An individual employed by or under contract with an entity located in 11
	3071	+	another state who represents that entity: 12
	3072	+
	3073	+	(i) At an athletic event in the State; 13
	3074	+
	3075	+	(ii) For a period of time not to exceed 45 days within a calendar year; 14
	3076	+	and 15
	3077	+
	3078	+	(iii) By providing athletic training services to individuals 16
	3079	+	representing the entity at the event; or 17
	3080	+
	3081	+	(3) A student enrolled in an education program that meets the criteria of 18
	3082	+	[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 19
	3083	+	educational experience of athletic training. 20
	3084	+
	3085	+	14–5D–08. 21
	3086	+
	3087	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 22
	3088	+	requirements of this section. 23
	3089	+
	3090	+	(b) The applicant shall: 24
	3091	+
	3092	+	(1) Be of good moral character; 25
	3093	+
	3094	+	(2) Be at least 18 years old; and 26
	3095	+
	3096	+	(3) Complete a criminal history records check in accordance with § 27
	3097	+	14–308.1 of this title.] 28 66 HOUSE BILL 1252
	3098	+
	3099	+
	3100	+
	3101	+	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 1
	3102	+	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 2
	3103	+
	3104	+	(1) Have a current certification by a national certifying board approved by 3
	3105	+	the Board; AND 4
	3106	+
	3107	+	(2) Have received a bachelor’s or master’s degree from an athletic training 5
	3108	+	educational program that is accredited by the Commission on Accreditation of Athletic 6
	3109	+	Training Education or its successor[; 7
	3110	+
	3111	+	(3) Demonstrate oral and written competency in English as required by the 8
	3112	+	Board; and 9
	3113	+
	3114	+	(4) Meet any other requirements established by the Board]. 10
	3115	+
	3116	+	[(d)] (B) The Board shall waive the education requirements under this section if 11
	3117	+	an individual was certified by the National Athletic Trainers’ Association Board of 12
	3118	+	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 13
	3119	+
	3120	+	14–5D–10. 14
	3121	+
	3122	+	(a) An athletic trainer license authorizes the licensee to practice athletic training 15
	3123	+	services IN THE STATE while the license is effective. 16
	3124	+
	3125	+	14–5D–14. 17
2545	3126
2546	3127		(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
2547	3128		on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 19
2548	3129		license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
2549	3130		suspend or revoke a license, if the [applicant or] licensee: 21
2550	3131
2551	3132		(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
2552	3133		the applicant, licensee, or for another; 23
2553	3134
2554	3135		(2) Fraudulently or deceptively uses a license; 24
2555	3136
2556		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 25
2557		-	~~respiratory care~~; 26
	3137	+	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 25
	3138	+	training; 26
2558	3139
2559	3140		(4) Is professionally, physically, or mentally incompetent; 27
2560	3141
2561	3142		(5) Abandons a patient; 28
2562	3143
2563		-	(6) Is ~~habitually~~ intoxicated; 29
2564		-	HOUSE BILL 1252 55
2565		-
2566		-
2567		-	(7) Is addicted to or habitually abuses any narcotic or controlled ~~dangerous~~ 1
2568		-	substance as defined in § 5–101 of the Criminal Law Article; 2
	3144	+	(6) Habitually is intoxicated; 29
	3145	+	HOUSE BILL 1252 67
	3146	+
	3147	+
	3148	+	(7) Is addicted to, or habitually abuses, any narcotic or controlled 1
	3149	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 2
2569	3150
2570	3151		(8) Provides professional services while: 3
2571	3152
2572	3153		(i) Under the influence of alcohol; or 4
2573	3154
2574	3155		(ii) Using any narcotic or controlled dangerous substance as defined 5
2575		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
	3156	+	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 6
2576	3157		amounts or without valid medical indication; 7
2577	3158
2578	3159		(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
2579	3160		patient so as to exploit the patient for financial gain; 9
2580	3161
2581		-	(10) Willfully makes or files a false report or record in the practice of 10
2582		-	~~respiratory care~~; 11
	3162	+	(10) Willfully makes or files a false report or record in the practice of athletic 10
	3163	+	training; 11
2583	3164
2584	3165		(11) Willfully fails to file or record any report as required under law, 12
2585		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
2586		-	to file or record a report; 14
	3166	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 13
	3167	+	to file or record the report; 14
2587	3168
2588	3169		(12) Breaches patient confidentiality; 15
2589	3170
2590	3171		(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
2591		-	material benefit to any ~~person~~ for bringing or referring a patient or accepts or agrees to 17
	3172	+	material benefit to any individual for bringing or referring a patient or accepts or agrees to 17
2592	3173		accept any sum or any form of remuneration or material benefit from an individual for 18
2593	3174		bringing or referring a patient; 19
2594	3175
2595		-	(14) Knowingly makes a misrepresentation while practicing ~~respiratory~~ 20
2596		-	~~care~~; 21
2597		-
2598		-	(15) Knowingly practices ~~respiratory care~~ with an unauthorized individual 22
2599		-	or aids an unauthorized individual in the practice of ~~respiratory care~~; 23
	3176	+	(14) Knowingly makes a misrepresentation while practicing athletic 20
	3177	+	training; 21
	3178	+
	3179	+	(15) Knowingly practices athletic training with an unauthorized individual 22
	3180	+	or aids an unauthorized individual in the practice of athletic trainer services; 23
2600	3181
2601	3182		(16) Offers, undertakes, or agrees to cure or treat disease by a secret 24
2602	3183		method, treatment, or medicine; 25
2603	3184
2604		-	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 26
2605		-	disciplined by a court of any state or country or is disciplined by any branch of the United 27
2606		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 28
2607		-	for disciplinary action under the Board’s disciplinary statutes; 29
2608		-
2609		-	(18) Fails to meet appropriate standards for the delivery of respiratory care 30
2610		-	performed in any inpatient or outpatient facility, office, hospital or related institution, 31
2611		-	domiciliary care facility, patient’s home, or any other location in this State; 32
2612		-	56 HOUSE BILL 1252
2613		-
2614		-
2615		-	(19) Knowingly submits false statements to collect fees for which services 1
2616		-	are not provided; 2
2617		-
2618		-	(20) (i) Has been subject to investigation or disciplinary action by a 3
2619		-	licensing or disciplinary authority or by a court of any state or country for an act that would 4
2620		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
2621		-
2622		-	(ii) Has: 6
2623		-
2624		-	1. Surrendered the license issued by the state or country; or 7
2625		-
2626		-	2. Allowed the license issued by the state or country to expire 8
2627		-	or lapse; 9
2628		-
2629		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 10
2630		-	of the Family Law Article; 11
2631		-
2632		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 12
2633		-	illegitimate medical purposes; 13
2634		-
2635		-	(23) Practices or attempts to practice beyond the authorized scope of 14
2636		-	practice; 15
2637		-
2638		-	(24) Refuses, withholds from, denies, or discriminates against an individual 16
2639		-	with regard to the provision of professional services for which the licensee is licensed and 17
2640		-	qualified to render because the individual is HIV positive; 18
2641		-
2642		-	(25) Practices or attempts to practice a respiratory care procedure or uses or 19
2643		-	attempts to use respiratory care equipment if the applicant or licensee has not received 20
2644		-	education and training in the performance of the procedure or the use of the equipment; 21
2645		-
2646		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 22
2647		-	or a disciplinary panel; 23
2648		-
2649		-	(27) Fails to practice under the supervision of a physician or violates a 24
2650		-	supervisory order of a supervising physician; or 25
2651		-
2652		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 26
2653		-	14–302 of this title. 27
2654		-
2655		-	14–5B–05. 28
2656		-
2657		-	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 29
2658		-
2659		-	14–5B–07. 30
2660		-	HOUSE BILL 1252 57
2661		-
2662		-
2663		-	(a) (2) The failure of a licensed physician to properly supervise a licensee is 1
2664		-	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 2
2665		-	of this title. 3
2666		-
2667		-	14–5B–09. 4
2668		-
2669		-	(a) [To qualify for a license, an applicant shall be an individual who meets the 5
2670		-	requirements of this section. 6
2671		-
2672		-	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 7
2673		-	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 8
2674		-	TITLE, AN applicant shall[: 9
2675		-
2676		-	(1) Be of good moral character; 10
2677		-
2678		-	(2) Be at least 18 years old; 11
2679		-
2680		-	(3) Demonstrate oral and written competency in English as required by the 12
2681		-	Board; 13
2682		-
2683		-	(4) Meet] MEET any educational, training, or examination requirements 14
2684		-	established by the Board, including: 15
2685		-
2686		-	[(i)] (1) Graduation from an appropriate educational program as 16
2687		-	determined by the Board; and 17
2688		-
2689		-	[(ii)] (2) Certification[; and 18
2690		-
2691		-	(5) Complete a criminal history records check in accordance with § 19
2692		-	14–308.1 of this title]. 20
2693		-
2694		-	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 21
2695		-	applicant shall: 22
2696		-
2697		-	(1) Be issued a general license to perform radiography; 23
2698		-
2699		-	(2) Complete an advanced academic program with a nationally recognized 24
2700		-	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 25
2701		-	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 26
2702		-
2703		-	(3) Be certified in advanced cardiac life support; and 27
2704		-
2705		-	(4) Be certified as a radiologist assistant by the American Registry of 28
2706		-	Radiologic Technologists. 29
2707		-	58 HOUSE BILL 1252
2708		-
2709		-
2710		-	[(d)] (C) Except for requirements adopted by the Board for license renewal under 1
2711		-	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 2
2712		-	construed to require an individual who is certified by the Board as a radiation 3
2713		-	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 4
2714		-	technologist as of October 1, 2008, to meet additional education, training, or examination 5
2715		-	requirements. 6
2716		-
2717		-	14–5B–11. 7
2718		-
2719		-	(a) Licensure as a radiation therapist authorizes an individual to practice 8
2720		-	radiation therapy IN THE STATE while the license is effective. 9
2721		-
2722		-	(b) Licensure as a radiographer authorizes an individual to practice radiography 10
2723		-	IN THE STATE while the license is effective. 11
2724		-
2725		-	(c) Licensure as a nuclear medicine technologist authorizes an individual to 12
2726		-	practice nuclear medicine technology IN THE STATE while the license is effective. 13
2727		-
2728		-	(d) Licensure as a radiologist assistant authorizes an individual to practice 14
2729		-	radiology assistance IN THE STATE while the license is effective. 15
2730		-
2731		-	14–5B–14. 16
2732		-
2733		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 17
2734		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 18
2735		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 19
2736		-	suspend or revoke a license, if the [applicant or] licensee: 20
2737		-
2738		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 21
2739		-	the applicant, licensed individual, or for another; 22
2740		-
2741		-	(2) Fraudulently or deceptively uses a license; 23
2742		-
2743		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 24
2744		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 25
2745		-
2746		-	(4) Is professionally, physically, or mentally incompetent; 26
2747		-
2748		-	(5) Abandons a patient; 27
2749		-
2750		-	(6) Is habitually intoxicated; 28
2751		-
2752		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 29
2753		-	substance as defined in § 5–101 of the Criminal Law Article; 30
2754		-
2755		-	(8) Provides professional services while: 31 HOUSE BILL 1252 59
2756		-
2757		-
2758		-
2759		-	(i) Under the influence of alcohol; or 1
2760		-
2761		-	(ii) Using any narcotic or controlled dangerous substance as defined 2
2762		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 3
2763		-	amounts or without valid medical indication; 4
2764		-
2765		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 5
2766		-	patient so as to exploit the patient for financial gain; 6
2767		-
2768		-	(10) Willfully makes or files a false report or record in the practice of 7
2769		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 8
2770		-
2771		-	(11) Willfully fails to file or record any report as required under law, 9
2772		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 10
2773		-	to file or record a report; 11
2774		-
2775		-	(12) Breaches patient confidentiality; 12
2776		-
2777		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 13
2778		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 14
2779		-	accept any sum or any form of remuneration or material benefit from an individual for 15
2780		-	bringing or referring a patient; 16
2781		-
2782		-	(14) Knowingly makes a misrepresentation while practicing radiation 17
2783		-	therapy, radiography, nuclear medicine technology, or radiology assistance; 18
2784		-
2785		-	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 19
2786		-	technology, or radiology assistance with an unauthorized individual or aids an 20
2787		-	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 21
2788		-	technology, or radiology assistance; 22
2789		-
2790		-	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 23
2791		-	method, treatment, or medicine; 24
2792		-
2793		-	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 25
2794		-	disciplined by a court of any state or country or is disciplined by any branch of the United 26
2795		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 27
2796		-	for disciplinary action under the Board’s disciplinary statutes; 28
2797		-
2798		-	(18) Fails to meet appropriate standards for the delivery of quality radiation 29
2799		-	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 30
2800		-	in any outpatient surgical facility, office, hospital or related institution, or any other 31
2801		-	location in this State; 32
2802		-
2803		-	(19) Knowingly submits false statements to collect fees for which services 33
2804		-	are not provided; 34 60 HOUSE BILL 1252
	3185	+	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 26
	3186	+	convicted or disciplined by a court of any state or country or is disciplined by any branch of 27
	3187	+	the United States uniformed services or the Veterans Administration for an act that would 28
	3188	+	be grounds for disciplinary action under this section; 29
	3189	+
	3190	+	(18) Fails to meet appropriate standards for the delivery of athletic training 30
	3191	+	services; 31
	3192	+
	3193	+	(19) Knowingly submits false statements to collect fees for which services 32
	3194	+	have not been provided; 33 68 HOUSE BILL 1252
2805	3195
2806	3196
2807	3197
2808	3198		(20) (i) Has been subject to investigation or disciplinary action by a 1
2809	3199		licensing or disciplinary authority or by a court of any state or country for an act that would 2
2810	3200		be grounds for disciplinary action under the Board’s disciplinary statutes; and 3
2811	3201
2812	3202		(ii) Has: 4
2813	3203
2814	3204		1. Surrendered the license issued by the state or country; or 5
2815	3205
2816	3206		2. Allowed the license issued by the state or country to expire 6
2817	3207		or lapse; 7
2818	3208
2819	3209		(21) Knowingly fails to report suspected child abuse in violation of § 5–704 8
2820	3210		of the Family Law Article; 9
2821	3211
2822	3212		(22) Sells, prescribes, gives away, or administers drugs for illegal or 10
2823	3213		illegitimate medical purposes; 11
2824	3214
2825	3215		(23) Practices or attempts to practice beyond the authorized scope of 12
2826	3216		practice; 13
2827	3217
2828	3218		(24) Refuses, withholds from, denies, or discriminates against an individual 14
2829	3219		with regard to the provision of professional services for which the licensee is licensed and 15
2830	3220		qualified to render because the individual is HIV positive; 16
2831	3221
2832		-	(25) Practices or attempts to practice a radiation therapy, radiography, 17
2833		-	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 18
2834		-	radiography, nuclear medicine technology, or radiology assistance equipment if the 19
2835		-	applicant or licensee has not received education, internship, training, or experience in the 20
2836		-	performance of the procedure or the use of the equipment; 21
2837		-
2838		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 22
2839		-	or a disciplinary panel; 23
2840		-
2841		-	(27) Fails to practice under the supervision of a physician or violates a 24
2842		-	supervisory order of a supervising physician; or 25
2843		-
2844		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 26
	3222	+	(25) Practices or attempts to practice an athletic training procedure or uses 17
	3223	+	or attempts to use athletic training equipment if the applicant or licensee has not received 18
	3224	+	education and training in the performance of the procedure or the use of the equipment; 19
	3225	+
	3226	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 20
	3227	+	or a disciplinary panel; 21
	3228	+
	3229	+	(27) Fails to practice under the supervision of a physician or violates the 22
	3230	+	approved evaluation and treatment protocol; 23
	3231	+
	3232	+	(28) Violates an order of the Board or a disciplinary panel, including any 24
	3233	+	condition of probation; or 25
	3234	+
	3235	+	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 26
2845	3236		14–302 of this title. 27
2846	3237
2847		-	14–5C–01. 28
	3238	+	14–5E–01. 28
2848	3239
2849	3240		(a) In this subtitle the following words have the meanings indicated. 29
2850	3241
2851		-	(c) “Committee” means the Polysomnography [Professional Standards] 30
2852		-	ADVISORY Committee established under § 14–5C–05 of this subtitle. 31
2853		-	HOUSE BILL 1252 61
2854		-
2855		-
2856		-	14–5C–05. 1
2857		-
2858		-	There is a Polysomnography [Professional Standards] ADVISORY Committee within 2
2859		-	the Board. 3
2860		-
2861		-	14–5C–06. 4
2862		-
2863		-	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEM BERS. 5
2864		-
2865		-	14–5C–08. 6
2866		-
2867		-	(b) This section does not apply to a student enrolled in an education program 7
2868		-	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 8
2869		-	in that program. 9
2870		-
2871		-	14–5C–09. 10
2872		-
2873		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 11
2874		-	requirements of this section. 12
2875		-
2876		-	(b) The applicant shall: 13
2877		-
2878		-	(1) Be of good moral character; 14
2879		-
2880		-	(2) Be at least 18 years old; and 15
2881		-
2882		-	(3) Complete a criminal history records check in accordance with § 16
2883		-	14–308.1 of this title. 17
2884		-
2885		-	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 18
2886		-	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 19
2887		-	license shall: 20
2888		-
2889		-	(1) Have passed the national certifying examination given by the Board of 21
2890		-	Registered Polysomnographic Technologists or another examination approved by the 22
2891		-	Board; 23
2892		-
2893		-	(2) Submit to the Board pr oof of certification as a registered 24
2894		-	polysomnographic technologist or other national certification approved by the Board; 25
2895		-
2896		-	(3) (i) 1. Have graduated from a polysomnographic educational 26
2897		-	program that is accredited by the Commission on Accreditation of Allied Health Education 27
2898		-	Programs; or 28
2899		-
2900		-	2. A. Have graduated from a sleep technologist 29
2901		-	educational program that is accredited by the American Academy of Sleep Medicine; and 30 62 HOUSE BILL 1252
2902		-
2903		-
2904		-
2905		-	B. Have completed a clinical component of an educational 1
2906		-	program as established by the Committee and approved by the Board; 2
2907		-
2908		-	(ii) 1. Have graduated from a respiratory care educational 3
2909		-	program that is accredited by the Commission on Accreditation of Allied Health Education 4
2910		-	Programs; and 5
2911		-
2912		-	2. Have completed the Committee on Accred itation for 6
2913		-	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 7
2914		-	Commission on Accreditation of Allied Health Education Programs; or 8
2915		-
2916		-	(iii) 1. Have graduated from an electroneuro –diagnostic 9
2917		-	educational program that is accredited by the Commission on Accreditation of Allied Health 10
2918		-	Education Programs; and 11
2919		-
2920		-	2. Have completed additional units, modules, and courses of 12
2921		-	instruction focused on polysomnographic technology that are accredited by the Commission 13
2922		-	on Accreditation of Allied Health Education Programs; and 14
2923		-
2924		-	(4) Meet any other educational or clinical requirements established by the 15
2925		-	Committee and approved by the Board. 16
2926		-
2927		-	14–5C–10. 17
2928		-
2929		-	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 18
2930		-	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 19
2931		-
2932		-	(1) Has passed the national certifying examination by the Board of 20
2933		-	Registered Polysomnographic Technologists or another examination approved by the 21
2934		-	Board; 22
2935		-
2936		-	(2) Is certified by the Board of Registered Polysomnographic Technologists 23
2937		-	as a registered polysomnographic technologist; 24
2938		-
2939		-	(3) Has submitted an application for licensure to the Board; and 25
2940		-
2941		-	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 26
2942		-	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 27
2943		-
2944		-	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 28
2945		-	of this section on or before September 30, 2013, the individual may petition the Board for 29
2946		-	an extension. 30
2947		-
2948		-	(2) The Board shall determine whether to grant an extension under this 31
2949		-	subsection on a case–by–case basis.] 32 HOUSE BILL 1252 63
2950		-
2951		-
2952		-
2953		-	14–5C–17. 1
2954		-
2955		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 2
2956		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 3
2957		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 4
2958		-	suspend or revoke a license, if the [applicant or] licensee: 5
2959		-
2960		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 6
2961		-	the applicant, licensee, or for another; 7
2962		-
2963		-	(2) Fraudulently or deceptively uses a license; 8
2964		-
2965		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 9
2966		-	polysomnography; 10
2967		-
2968		-	(4) Is professionally, physically, or mentally incompetent; 11
2969		-
2970		-	(5) Abandons a patient; 12
2971		-
2972		-	(6) Is habitually intoxicated; 13
2973		-
2974		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 14
2975		-	substance as defined in § 5–101 of the Criminal Law Article; 15
2976		-
2977		-	(8) Provides professional services while: 16
2978		-
2979		-	(i) Under the influence of alcohol; or 17
2980		-
2981		-	(ii) Using any narcotic or controlled dangerous substance as defined 18
2982		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 19
2983		-	amounts or without valid medical indication; 20
2984		-
2985		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 21
2986		-	patient so as to exploit the patient for financial gain; 22
2987		-
2988		-	(10) Willfully makes or files a false report or record in the practice of 23
2989		-	polysomnography; 24
2990		-
2991		-	(11) Willfully fails to file or record any report as required under law, 25
2992		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 26
2993		-	to file or record a report; 27
2994		-
2995		-	(12) Breaches patient confidentiality; 28
2996		-
2997		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 29
2998		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 30 64 HOUSE BILL 1252
2999		-
3000		-
3001		-	accept any sum or any form of remuneration or material benefit from an individual for 1
3002		-	bringing or referring a patient; 2
3003		-
3004		-	(14) Knowingly makes a misrepresentation while practicing 3
3005		-	polysomnography; 4
3006		-
3007		-	(15) Knowingly practices polysomnography with an unauthorized individual 5
3008		-	or aids an unauthorized individual in the practice of polysomnography; 6
3009		-
3010		-	(16) Knowingly delegates a polysomnographic duty to an unlicensed 7
3011		-	individual; 8
3012		-
3013		-	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 9
3014		-	method, treatment, or medicine; 10
3015		-
3016		-	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 11
3017		-	disciplined by a court of any state or country or is disciplined by any branch of the United 12
3018		-	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 13
3019		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 14
3020		-
3021		-	(19) Fails to meet appropriate standards for the delivery of 15
3022		-	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 16
3023		-	center; 17
3024		-
3025		-	(20) Knowingly submits false statements to collect fees for which services 18
3026		-	are not provided; 19
3027		-
3028		-	(21) (i) Has been subject to investigation or disciplinary action by a 20
3029		-	licensing or disciplinary authority or by a court of any state or country for an act that would 21
3030		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 22
3031		-
3032		-	(ii) Has: 23
3033		-
3034		-	1. Surrendered the license, if any, issued by the state or 24
3035		-	country; or 25
3036		-
3037		-	2. Allowed the license, if any, issued by the state or country 26
3038		-	to expire or lapse; 27
3039		-
3040		-	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 28
3041		-	of the Family Law Article; 29
3042		-
3043		-	(23) Sells, prescribes, gives away, or administers drugs for illegal or 30
3044		-	illegitimate medical purposes; 31
3045		-
3046		-	(24) Practices or attempts to practice beyond the authorized scope of 32
3047		-	practice; 33 HOUSE BILL 1252 65
3048		-
3049		-
3050		-
3051		-	(25) Refuses, withholds from, denies, or discriminates against an individual 1
3052		-	with regard to the provision of professional services for which the licensee is licensed and 2
3053		-	qualified to render because the individual is HIV positive; 3
3054		-
3055		-	(26) Practices or attempts to practice a polysomnography procedure or uses 4
3056		-	or attempts to use polysomnography equipment if the applicant or licensee has not received 5
3057		-	education and training in the performance of the procedure or the use of the equipment; 6
3058		-
3059		-	(27) Fails to cooperate with a lawful investigation conducted by the Board; 7
3060		-	or 8
3061		-
3062		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 9
3063		-	14–302 of this title. 10
3064		-
3065		-	14–5D–05. 11
3066		-
3067		-	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 12
3068		-
3069		-	14–5D–07. 13
3070		-
3071		-	(b) This section does not apply to: 14
3072		-
3073		-	(1) An individual employed by the federal government as an athletic 15
3074		-	trainer while the individual is practicing within the scope of that employment; 16
3075		-
3076		-	(2) An individual employed by or under contract with an entity located in 17
3077		-	another state who represents that entity: 18
3078		-
3079		-	(i) At an athletic event in the State; 19
3080		-
3081		-	(ii) For a period of time not to exceed 45 days within a calendar year; 20
3082		-	and 21
3083		-
3084		-	(iii) By providing athletic training services to individuals 22
3085		-	representing the entity at the event; or 23
3086		-
3087		-	(3) A student enrolled in an education program that meets the criteria of 24
3088		-	[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 25
3089		-	educational experience of athletic training. 26
3090		-
3091		-	14–5D–08. 27
3092		-
3093		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 28
3094		-	requirements of this section. 29
3095		-
3096		-	(b) The applicant shall: 30 66 HOUSE BILL 1252
3097		-
3098		-
3099		-
3100		-	(1) Be of good moral character; 1
3101		-
3102		-	(2) Be at least 18 years old; and 2
3103		-
3104		-	(3) Complete a criminal history records check in accordance with § 3
3105		-	14–308.1 of this title.] 4
3106		-
3107		-	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 5
3108		-	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 6
3109		-
3110		-	(1) Have a current certification by a national certifying board approved by 7
3111		-	the Board; AND 8
3112		-
3113		-	(2) Have received a bachelor’s or master’s degree from an athletic training 9
3114		-	educational program that is accredited by the Commission on Accreditation of Athletic 10
3115		-	Training Education or its successor[; 11
3116		-
3117		-	(3) Demonstrate oral and written competency in English as required by the 12
3118		-	Board; and 13
3119		-
3120		-	(4) Meet any other requirements established by the Board]. 14
3121		-
3122		-	[(d)] (B) The Board shall waive the education requirements under this section if 15
3123		-	an individual was certified by the National Athletic Trainers’ Association Board of 16
3124		-	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 17
3125		-
3126		-	14–5D–10. 18
3127		-
3128		-	(a) An athletic trainer license authorizes the licensee to practice athletic training 19
3129		-	services IN THE STATE while the license is effective. 20
3130		-
3131		-	14–5D–14. 21
3132		-
3133		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
3134		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 23
3135		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 24
3136		-	suspend or revoke a license, if the [applicant or] licensee: 25
3137		-
3138		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
3139		-	the applicant, licensee, or for another; 27
3140		-
3141		-	(2) Fraudulently or deceptively uses a license; 28
3142		-
3143		-	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 29
3144		-	training; 30 HOUSE BILL 1252 67
3145		-
3146		-
3147		-
3148		-	(4) Is professionally, physically, or mentally incompetent; 1
3149		-
3150		-	(5) Abandons a patient; 2
3151		-
3152		-	(6) Habitually is intoxicated; 3
3153		-
3154		-	(7) Is addicted to, or habitually abuses, any narcotic or controlled 4
3155		-	dangerous substance as defined in § 5–101 of the Criminal Law Article; 5
3156		-
3157		-	(8) Provides professional services while: 6
3158		-
3159		-	(i) Under the influence of alcohol; or 7
3160		-
3161		-	(ii) Using any narcotic or controlled dangerous substance as defined 8
3162		-	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 9
3163		-	amounts or without valid medical indication; 10
3164		-
3165		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 11
3166		-	patient so as to exploit the patient for financial gain; 12
3167		-
3168		-	(10) Willfully makes or files a false report or record in the practice of athletic 13
3169		-	training; 14
3170		-
3171		-	(11) Willfully fails to file or record any report as required under law, 15
3172		-	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 16
3173		-	to file or record the report; 17
3174		-
3175		-	(12) Breaches patient confidentiality; 18
3176		-
3177		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 19
3178		-	material benefit to any individual for bringing or referring a patient or accepts or agrees to 20
3179		-	accept any sum or any form of remuneration or material benefit from an individual for 21
3180		-	bringing or referring a patient; 22
3181		-
3182		-	(14) Knowingly makes a misrepresentation while practicing athletic 23
3183		-	training; 24
3184		-
3185		-	(15) Knowingly practices athletic training with an unauthorized individual 25
3186		-	or aids an unauthorized individual in the practice of athletic trainer services; 26
3187		-
3188		-	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 27
3189		-	method, treatment, or medicine; 28
3190		-
3191		-	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 29
3192		-	convicted or disciplined by a court of any state or country or is disciplined by any branch of 30 68 HOUSE BILL 1252
3193		-
3194		-
3195		-	the United States uniformed services or the Veterans Administration for an act that would 1
3196		-	be grounds for disciplinary action under this section; 2
3197		-
3198		-	(18) Fails to meet appropriate standards for the delivery of athletic training 3
3199		-	services; 4
3200		-
3201		-	(19) Knowingly submits false statements to collect fees for which services 5
3202		-	have not been provided; 6
3203		-
3204		-	(20) (i) Has been subject to investigation or disciplinary action by a 7
3205		-	licensing or disciplinary authority or by a court of any state or country for an act that would 8
3206		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 9
3207		-
3208		-	(ii) Has: 10
3209		-
3210		-	1. Surrendered the license issued by the state or country; or 11
3211		-
3212		-	2. Allowed the license issued by the state or country to expire 12
3213		-	or lapse; 13
3214		-
3215		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 14
3216		-	of the Family Law Article; 15
3217		-
3218		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 16
3219		-	illegitimate medical purposes; 17
3220		-
3221		-	(23) Practices or attempts to practice beyond the authorized scope of 18
3222		-	practice; 19
3223		-
3224		-	(24) Refuses, withholds from, denies, or discriminates against an individual 20
3225		-	with regard to the provision of professional services for which the licensee is licensed and 21
3226		-	qualified to render because the individual is HIV positive; 22
3227		-
3228		-	(25) Practices or attempts to practice an athletic training procedure or uses 23
3229		-	or attempts to use athletic training equipment if the applicant or licensee has not received 24
3230		-	education and training in the performance of the procedure or the use of the equipment; 25
3231		-
3232		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 26
3233		-	or a disciplinary panel; 27
3234		-
3235		-	(27) Fails to practice under the supervision of a physician or violates the 28
3236		-	approved evaluation and treatment protocol; 29
3237		-
3238		-	(28) Violates an order of the Board or a disciplinary panel, including any 30
3239		-	condition of probation; or 31
3240		-	HOUSE BILL 1252 69
3241		-
3242		-
3243		-	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 1
3244		-	14–302 of this title. 2
3245		-
3246		-	14–5E–01. 3
3247		-
3248		-	(a) In this subtitle the following words have the meanings indicated. 4
3249		-
3250		-	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 5
3251		-	14–5E–09 of this subtitle, is: 6
3252		-
3253		-	(1) Enrolled in an accredited educational program to qualify for a license 7
3254		-	under this subtitle; and 8
3255		-
3256		-	(2) Performing perfusion services within the accredited program under the 9
3257		-	supervision of a licensed perfusionist and without compensation. 10
3258		-
3259		-	14–5E–06. 11
3260		-
3261		-	(E) A QUORUM OF THE COMMITTEE C ONSISTS OF FOUR MEMB ERS. 12
3262		-
3263		-	14–5E–08. 13
3264		-
3265		-	(b) This section does not apply to a student enrolled in an education program 14
3266		-	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 15
3267		-	program. 16
3268		-
3269		-	14–5E–09. 17
3270		-
3271		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 18
3272		-	requirements of this section. 19
3273		-
3274		-	(b) The applicant shall: 20
3275		-
3276		-	(1) Be of good moral character; 21
3277		-
3278		-	(2) Be at least 18 years old; and 22
3279		-
3280		-	(3) Complete a criminal history records check in accordance with § 23
3281		-	14–308.1 of this title. 24
3282		-
3283		-	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 25
3284		-	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 26
3285		-
3286		-	(1) (i) Submit to the Board satisfactory evidence of certification as a 27
3287		-	certified perfusionist or other national certification approved by the Board; and 28
	3242	+	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 30
	3243	+	14–5E–09 of this subtitle, is: 31 HOUSE BILL 1252 69
	3244	+
	3245	+
	3246	+
	3247	+	(1) Enrolled in an accredited educational program to qualify for a license 1
	3248	+	under this subtitle; and 2
	3249	+
	3250	+	(2) Performing perfusion services within the accredited program under the 3
	3251	+	supervision of a licensed perfusionist and without compensation. 4
	3252	+
	3253	+	14–5E–06. 5
	3254	+
	3255	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 6
	3256	+
	3257	+	14–5E–08. 7
	3258	+
	3259	+	(b) This section does not apply to a student enrolled in an education program 8
	3260	+	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 9
	3261	+	program. 10
	3262	+
	3263	+	14–5E–09. 11
	3264	+
	3265	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 12
	3266	+	requirements of this section. 13
	3267	+
	3268	+	(b) The applicant shall: 14
	3269	+
	3270	+	(1) Be of good moral character; 15
	3271	+
	3272	+	(2) Be at least 18 years old; and 16
	3273	+
	3274	+	(3) Complete a criminal history records check in accordance with § 17
	3275	+	14–308.1 of this title. 18
	3276	+
	3277	+	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 19
	3278	+	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 20
	3279	+
	3280	+	(1) (i) Submit to the Board satisfactory evidence of certification as a 21
	3281	+	certified perfusionist or other national certification approved by the Board; and 22
	3282	+
	3283	+	(ii) Meet any other educational or clinical requirements established 23
	3284	+	by the Committee and approved by the Board; or 24
	3285	+
	3286	+	(2) (i) Submit to the Board satisfactory evidence of graduation from a 25
	3287	+	perfusion educational program that is accredited by the Commission on Accreditation of 26
	3288	+	Allied Health Education Programs, or the Commission’s predecessor or successor; and 27
	3289	+
	3290	+	(ii) Meet any other educational or clinical requirements established 28
	3291	+	by the Committee and approved by the Board. 29
3288	3292		70 HOUSE BILL 1252
3289	3293
3290	3294
3291		-	~~(ii) Meet any other educational or clinical requirements established~~ 1
3292		-	~~by the Committee and approved by the Board; or 2~~
3293		-
3294		-	(2) ~~(i) Submit to the Board satisfactory evidence~~ of ~~graduation from a~~ 3
3295		-	~~perfusion educational program that is accredited by~~ the ~~Commission on Accreditation of~~ 4
3296		-	~~Allied Health Education Programs,~~ or ~~the Commission’s predecessor or~~ successor~~; and~~ 5
3297		-
3298		-	~~(ii) Meet any other educational or clinical requirements established 6~~
3299		-	~~by the Committee and approved by the Board.~~ 7
3300		-
3301		-	~~14–5E–10.~~ 8
3302		-
3303		-	~~(a) Except as provided in subsection (b) of this section, an applicant who 9~~
3304		-	~~otherwise qualifies for~~ a license ~~under [§~~ ~~14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is~~ 10
3305		-	~~entitled to be licensed for a single 2–year term before taking the national certifying 11~~
3306		-	~~examination given by~~ the ~~American~~ Board ~~of Cardiovascular Perfusion or its successor 12~~
3307		-	~~organization or another examination given or approved by the Board. 13~~
3308		-
3309		-	~~14–5E–~~13~~. 14~~
3310		-
3311		-	[(a) ~~(1) A license expires on a~~ date ~~set~~ by the ~~Board, unless the license is 15~~
3312		-	~~renewed~~ for ~~an additional term as provided in this section.~~ 16
3313		-
3314		-	(2) The ~~term~~ of ~~a license issued by~~ the ~~Board may not exceed 3 years. 17~~
3315		-
3316		-	(b) ~~At least 1 month before a~~ license ~~expires, the Board shall send to the licensed 18~~
3317		-	~~perfusionist a renewal notice that states:~~ 19
3318		-
3319		-	~~(1)~~ The ~~date on which the current license expires;~~ 20
3320		-
3321		-	~~(2) The date by which the renewal application must be received by the 21~~
3322		-	~~Board for the renewal to be issued and sent~~ before ~~the~~ license expires; 22
3323		-
3324		-	~~(3) The amount of the renewal fee; and] 23~~
3325		-
3326		-	~~[(4)] (A) For licensees who qualified for an initial license under [§ 24~~
3327		-	~~14–5E–09~~(c)~~(2)] § 14–5E–09(2)~~ of ~~this subtitle,~~ ~~THE NOTIFICATION SEN T TO~~ 25
3328		-	~~LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 26~~
3329		-	the ~~licensee must submit satisfactory evidence of~~ a ~~passing score on~~ the ~~examination as 27~~
3330		-	~~required under subsection [(c)(2)] (B) of this section. 28~~
3331		-
3332		-	~~[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 29~~
3333		-	~~the licensed perfusionist periodically may renew it for an additional term, if the licensee: 30~~
3334		-
3335		-	~~(i) Otherwise is entitled to be licensed; 31~~
	3295	+	14–5E–10. 1
	3296	+
	3297	+	(a) Except as provided in subsection (b) of this section, an applicant who 2
	3298	+	otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 3
	3299	+	entitled to be licensed for a single 2–year term before taking the national certifying 4
	3300	+	examination given by the American Board of Cardiovascular Perfusion or its successor 5
	3301	+	organization or another examination given or approved by the Board. 6
	3302	+
	3303	+	14–5E–13. 7
	3304	+
	3305	+	[(a) (1) A license expires on a date set by the Board, unless the license is 8
	3306	+	renewed for an additional term as provided in this section. 9
	3307	+
	3308	+	(2) The term of a license issued by the Board may not exceed 3 years. 10
	3309	+
	3310	+	(b) At least 1 month before a license expires, the Board shall send to the licensed 11
	3311	+	perfusionist a renewal notice that states: 12
	3312	+
	3313	+	(1) The date on which the current license expires; 13
	3314	+
	3315	+	(2) The date by which the renewal application must be received by the 14
	3316	+	Board for the renewal to be issued and sent before the license expires; 15
	3317	+
	3318	+	(3) The amount of the renewal fee; and] 16
	3319	+
	3320	+	[(4)] (A) For licensees who qualified for an initial license under [§ 17
	3321	+	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 18
	3322	+	LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 19
	3323	+	the licensee must submit satisfactory evidence of a passing score on the examination as 20
	3324	+	required under subsection [(c)(2)] (B) of this section. 21
	3325	+
	3326	+	[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 22
	3327	+	the licensed perfusionist periodically may renew it for an additional term, if the licensee: 23
	3328	+
	3329	+	(i) Otherwise is entitled to be licensed; 24
	3330	+
	3331	+	(ii) Is of good moral character; 25
	3332	+
	3333	+	(iii) Pays to the Board a renewal fee set by the Board; and 26
	3334	+
	3335	+	(iv) Except as provided in paragraph (2) of this subsection, submits 27
	3336	+	to the Board: 28
	3337	+
	3338	+	1. A renewal application on the form that the Board requires; 29
	3339	+	and 30
3336	3340		HOUSE BILL 1252 71
3337	3341
3338	3342
3339		-	~~(ii) Is~~ of ~~good moral character;~~ 1
3340		-
3341		-	~~(iii) Pays to the Board a~~ renewal ~~fee set by the Board; and 2~~
3342		-
3343		-	~~(iv) Except as provided in paragraph~~ (2) ~~of this subsection,~~ ~~submits 3~~
3344		-	to the Board~~: 4~~
3345		-
3346		-	~~1. A renewal application on the form that the~~ Board ~~requires; 5~~
3347		-	~~and 6~~
3348		-
3349		-	~~2. Satisfactory evidence of compliance with~~ any ~~continuing 7~~
3350		-	education or competency requirements ~~and other requirements set under this section for 8~~
3351		-	license ~~renewal~~.] 9
3352		-
3353		-	[(2)] (B) A licensee who ~~qualified for an initial license under [§ 10~~
3354		-	~~14–5E–09(c)(2)]~~ § 14–~~5E–09(2)~~ of this ~~subtitle shall submit to the Board satisfactory 11~~
3355		-	~~evidence of a passing score on the national certifying examination given by the American 12~~
3356		-	Board of ~~Cardiovascular Perfusion or its successor organization or another examination 13~~
3357		-	~~given or approved by~~ the ~~Board. 14~~
3358		-
3359		-	~~[(d) In addition to any other qualifications and requirements established by the 15~~
3360		-	~~Board,~~ the Board shall ~~establish continuing education or competency requirements as a 16~~
3361		-	~~condition of~~ the ~~renewal of a license under this section.] 17~~
3362		-
3363		-	~~[(e)] (C)~~ (1) The ~~Board shall renew~~ the license ~~of each licensee who meets the 18~~
3364		-	~~requirements of this section AND § 14–306 OF THIS TITLE. 19~~
3365		-
3366		-	~~(2) The Board may not renew the license of a licensee who fails to submit 20~~
3367		-	~~satisfactory evidence of a passing score on~~ the ~~examination as required under subsection~~ 21
3368		-	~~[(c)(2)] (B) of this section. 22~~
3369		-
3370		-	~~[(f) The Board shall reinstate the license~~ of ~~an individual who has failed to renew~~ 23
3371		-	~~the license for any reason if the individual: 24~~
3372		-
3373		-	~~(1) Applies for reinstatement after the date the license expires;~~ 25
3374		-
3375		-	(2) ~~Meets the renewal requirements of this section;~~ ~~and~~ 26
3376		-
3377		-	~~(3) Pays to the Board the reinstatement fee set by the Board. 27~~
3378		-
3379		-	~~(g) (1) Beginning October 1, 2016,~~ the Board ~~shall require a criminal history 28~~
3380		-	~~records check in accordance with § 14–308.1 of this title for:~~ 29
3381		-
3382		-	~~(i) Renewal applicants as determined by regulations adopted by the 30~~
3383		-	~~Board~~; ~~and 31~~
	3343	+	2. Satisfactory evidence of compliance with any continuing 1
	3344	+	education or competency requirements and other requirements set under this section for 2
	3345	+	license renewal.] 3
	3346	+
	3347	+	[(2)] (B) A licensee who qualified for an initial license under [§ 4
	3348	+	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 5
	3349	+	evidence of a passing score on the national certifying examination given by the American 6
	3350	+	Board of Cardiovascular Perfusion or its successor organization or another examination 7
	3351	+	given or approved by the Board. 8
	3352	+
	3353	+	[(d) In addition to any other qualifications and requirements established by the 9
	3354	+	Board, the Board shall establish continuing education or competency requirements as a 10
	3355	+	condition of the renewal of a license under this section.] 11
	3356	+
	3357	+	[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 12
	3358	+	requirements of this section AND § 14–306 OF THIS TITLE. 13
	3359	+
	3360	+	(2) The Board may not renew the license of a licensee who fails to submit 14
	3361	+	satisfactory evidence of a passing score on the examination as required under subsection 15
	3362	+	[(c)(2)] (B) of this section. 16
	3363	+
	3364	+	[(f) The Board shall reinstate the license of an individual who has failed to renew 17
	3365	+	the license for any reason if the individual: 18
	3366	+
	3367	+	(1) Applies for reinstatement after the date the license expires; 19
	3368	+
	3369	+	(2) Meets the renewal requirements of this section; and 20
	3370	+
	3371	+	(3) Pays to the Board the reinstatement fee set by the Board. 21
	3372	+
	3373	+	(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 22
	3374	+	records check in accordance with § 14–308.1 of this title for: 23
	3375	+
	3376	+	(i) Renewal applicants as determined by regulations adopted by the 24
	3377	+	Board; and 25
	3378	+
	3379	+	(ii) Each former licensee who files for reinstatement under 26
	3380	+	subsection (f) of this section. 27
	3381	+
	3382	+	(2) On receipt of the criminal history record information of a licensee 28
	3383	+	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 29
	3384	+	disciplinary action should be taken, based on the criminal history record information, 30
	3385	+	against a licensee who renewed or reinstated a license, the Board shall consider: 31
	3386	+
	3387	+	(i) The age at which the crime was committed; 32
3384	3388		72 HOUSE BILL 1252
3385	3389
3386	3390
3387		-	(ii) Each former licensee who files for reinstatement under 1
3388		-	subsection (f) of this section. 2
3389		-
3390		-	(2) On receipt of the criminal history record information of a licensee 3
3391		-	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 4
3392		-	disciplinary action should be taken, based on the criminal history record information, 5
3393		-	against a licensee who renewed or reinstated a license, the Board shall consider: 6
3394		-
3395		-	(i) The age at which the crime was committed; 7
3396		-
3397		-	(ii) The nature of the crime; 8
3398		-
3399		-	(iii) The circumstances surrounding the crime; 9
3400		-
3401		-	(iv) The length of time that has passed since the crime; 10
3402		-
3403		-	(v) Subsequent work history; 11
3404		-
3405		-	(vi) Employment and character references; and 12
3406		-
3407		-	(vii) Other evidence that demonstrates whether the licensee poses a 13
3408		-	threat to the public health or safety. 14
3409		-
3410		-	(3) The Board may renew or reinstate a license only if the licensee or 15
3411		-	applicant attests that the licensee or applicant has submitted to a criminal history records 16
3412		-	check under § 14–308.1 of this title. 17
3413		-
3414		-	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 18
3415		-	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 19
3416		-	for failure of a licensee to obtain the continuing education credits required by the Board.] 20
3417		-
3418		-	14–5E–14. 21
3419		-
3420		-	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 22
3421		-	name or address within 60 days after the change. 23
3422		-
3423		-	(2) A licensed perfusionist who fails to comply with the requirements of 24
3424		-	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 25
3425		-
3426		-	[(b)] Each licensed perfusionist shall: 26
3427		-
3428		-	(1) Keep a copy of the license in the licensee’s employment file; and 27
3429		-
3430		-	(2) Make the license available for inspection on request. 28
3431		-
3432		-	14–5E–16. 29
3433		-	HOUSE BILL 1252 73
3434		-
3435		-
3436		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
3437		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 2
3438		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 3
3439		-	suspend or revoke a license, if the [applicant or] licensee: 4
3440		-
3441		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 5
3442		-	the applicant or licensee or for another; 6
3443		-
3444		-	(2) Fraudulently or deceptively uses a license; 7
3445		-
3446		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 8
3447		-	perfusion; 9
3448		-
3449		-	(4) Is professionally, physically, or mentally incompetent; 10
3450		-
3451		-	(5) Abandons a patient; 11
3452		-
3453		-	(6) Is habitually intoxicated; 12
3454		-
3455		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 13
3456		-	substance as defined in § 5–101 of the Criminal Law Article; 14
3457		-
3458		-	(8) Provides professional services while: 15
3459		-
3460		-	(i) Under the influence of alcohol; or 16
3461		-
3462		-	(ii) Using any narcotic or controlled dangerous substance as defined 17
3463		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 18
3464		-	amounts or without valid medical indication; 19
3465		-
3466		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 20
3467		-	patient so as to exploit the patient for financial gain; 21
3468		-
3469		-	(10) Willfully makes or files a false report or record in the practice of 22
3470		-	perfusion; 23
3471		-
3472		-	(11) Willfully fails to file or record any report as required under law, 24
	3391	+	(ii) The nature of the crime; 1
	3392	+
	3393	+	(iii) The circumstances surrounding the crime; 2
	3394	+
	3395	+	(iv) The length of time that has passed since the crime; 3
	3396	+
	3397	+	(v) Subsequent work history; 4
	3398	+
	3399	+	(vi) Employment and character references; and 5
	3400	+
	3401	+	(vii) Other evidence that demonstrates whether the licensee poses a 6
	3402	+	threat to the public health or safety. 7
	3403	+
	3404	+	(3) The Board may renew or reinstate a license only if the licensee or 8
	3405	+	applicant attests that the licensee or applicant has submitted to a criminal history records 9
	3406	+	check under § 14–308.1 of this title. 10
	3407	+
	3408	+	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 11
	3409	+	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 12
	3410	+	for failure of a licensee to obtain the continuing education credits required by the Board.] 13
	3411	+
	3412	+	14–5E–14. 14
	3413	+
	3414	+	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 15
	3415	+	name or address within 60 days after the change. 16
	3416	+
	3417	+	(2) A licensed perfusionist who fails to comply with the requirements of 17
	3418	+	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 18
	3419	+
	3420	+	[(b)] Each licensed perfusionist shall: 19
	3421	+
	3422	+	(1) Keep a copy of the license in the licensee’s employment file; and 20
	3423	+
	3424	+	(2) Make the license available for inspection on request. 21
	3425	+
	3426	+	14–5E–16. 22
	3427	+
	3428	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 23
	3429	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 24
	3430	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 25
	3431	+	suspend or revoke a license, if the [applicant or] licensee: 26
	3432	+
	3433	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 27
	3434	+	the applicant or licensee or for another; 28
	3435	+
	3436	+	(2) Fraudulently or deceptively uses a license; 29 HOUSE BILL 1252 73
	3437	+
	3438	+
	3439	+
	3440	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 1
	3441	+	perfusion; 2
	3442	+
	3443	+	(4) Is professionally, physically, or mentally incompetent; 3
	3444	+
	3445	+	(5) Abandons a patient; 4
	3446	+
	3447	+	(6) Is habitually intoxicated; 5
	3448	+
	3449	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 6
	3450	+	substance as defined in § 5–101 of the Criminal Law Article; 7
	3451	+
	3452	+	(8) Provides professional services while: 8
	3453	+
	3454	+	(i) Under the influence of alcohol; or 9
	3455	+
	3456	+	(ii) Using any narcotic or controlled dangerous substance as defined 10
	3457	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 11
	3458	+	amounts or without valid medical indication; 12
	3459	+
	3460	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 13
	3461	+	patient so as to exploit the patient for financial gain; 14
	3462	+
	3463	+	(10) Willfully makes or files a false report or record in the practice of 15
	3464	+	perfusion; 16
	3465	+
	3466	+	(11) Willfully fails to file or record any report as required under law, 17
	3467	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 18
	3468	+	to file or record a report; 19
	3469	+
	3470	+	(12) Breaches patient confidentiality; 20
	3471	+
	3472	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 21
	3473	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 22
	3474	+	accept any sum or any form of remuneration or material benefit from an individual for 23
	3475	+	bringing or referring a patient; 24
	3476	+
	3477	+	(14) Knowingly makes a misrepresentation while practicing perfusion; 25
	3478	+
	3479	+	(15) Knowingly practices perfusion with an unauthorized individual or aids 26
	3480	+	an unauthorized individual in the practice of perfusion; 27
	3481	+
	3482	+	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 28
	3483	+
	3484	+	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 29
	3485	+	method, treatment, or medicine; 30 74 HOUSE BILL 1252
	3486	+
	3487	+
	3488	+
	3489	+	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 1
	3490	+	disciplined by a court of any state or country or is disciplined by any branch of the United 2
	3491	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 3
	3492	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 4
	3493	+
	3494	+	(19) Fails to meet appropriate standards for the delivery of perfusion 5
	3495	+	services; 6
	3496	+
	3497	+	(20) Knowingly submits false statements to collect fees for which services 7
	3498	+	are not provided; 8
	3499	+
	3500	+	(21) (i) Has been subject to investigation or disciplinary action by a 9
	3501	+	licensing or disciplinary authority or by a court of any state or country for an act that would 10
	3502	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 11
	3503	+
	3504	+	(ii) Has: 12
	3505	+
	3506	+	1. Surrendered the license, if any, issued by the state or 13
	3507	+	country; or 14
	3508	+
	3509	+	2. Allowed the license, if any, issued by the state or country 15
	3510	+	to expire or lapse; 16
	3511	+
	3512	+	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 17
	3513	+	of the Family Law Article; 18
	3514	+
	3515	+	(23) Sells, prescribes, gives away, or administers drugs for illegal or 19
	3516	+	illegitimate medical purposes; 20
	3517	+
	3518	+	(24) Practices or attempts to practice beyond the authorized scope of 21
	3519	+	practice; 22
	3520	+
	3521	+	(25) Refuses, withholds from, denies, or discriminates against an individual 23
	3522	+	with regard to the provision of professional services for which the licensee is licensed and 24
	3523	+	qualified to render because the individual is HIV positive; 25
	3524	+
	3525	+	(26) Practices or attempts to practice a perfusion procedure or uses or 26
	3526	+	attempts to use perfusion equipment if the applicant or licensee has not received education 27
	3527	+	and training in the performance of the procedure or the use of the equipment; 28
	3528	+
	3529	+	(27) Fails to cooperate with a lawful investigation of the Board or a 29
	3530	+	disciplinary panel; or 30
	3531	+
	3532	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 31
	3533	+	14–302 of this title. 32
	3534	+	HOUSE BILL 1252 75
	3535	+
	3536	+
	3537	+	14–5F–07. 1
	3538	+
	3539	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 2
	3540	+
	3541	+	14–5F–11. 3
	3542	+
	3543	+	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 4
	3544	+	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 5
	3545	+	requirements of this section. 6
	3546	+
	3547	+	(b) The applicant shall be of good moral character. 7
	3548	+
	3549	+	(c) The] applicant shall be at least 21 years old. 8
	3550	+
	3551	+	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 9
	3552	+
	3553	+	(1) Have a doctorate in naturopathic medicine from an approved 10
	3554	+	naturopathic medical program; and 11
	3555	+
	3556	+	(2) Pass the competency –based national naturopathic licensing 12
	3557	+	examination Part I and Part II administered by the North American Board of Naturopathic 13
	3558	+	Examiners, or its successor agency that has been nationally recognized to administer a 14
	3559	+	naturopathic examination that represents federal standards of education and training. 15
	3560	+
	3561	+	[(e)] (C) An applicant shall be physically and mentally capable of safely 16
	3562	+	practicing naturopathic medicine with or without reasonable accommodation. 17
	3563	+
	3564	+	[(f)] (D) If an applicant is licensed, certified, or registered to practice 18
	3565	+	naturopathic medicine or any other health occupation in another state, the applicant shall 19
	3566	+	be in good standing with the applicable state licensing, certification, or registration 20
	3567	+	authority. 21
	3568	+
	3569	+	[(g) An applicant shall complete a criminal history records check in accordance 22
	3570	+	with § 14–308.1 of this title.] 23
	3571	+
	3572	+	14–5F–12. 24
	3573	+
	3574	+	To apply for a license, an applicant shall: 25
	3575	+
	3576	+	[(1) Complete a criminal history records check in accordance with § 26
	3577	+	14–308.1 of this title; 27
	3578	+
	3579	+	(2) Submit an application to the Board on a form that the Board requires; 28
	3580	+
	3581	+	(3) Pay to the Board an application fee set by the Board;] 29
	3582	+	76 HOUSE BILL 1252
	3583	+
	3584	+
	3585	+	[(4)] (1) If the applicant has been licensed, certified, or registered to 1
	3586	+	practice naturopathic medicine in another state, submit all evidence relating to: 2
	3587	+
	3588	+	(i) Any disciplinary action taken or any administrative penalties 3
	3589	+	assessed against the applicant by the appropriate state licensing, certification, or 4
	3590	+	registration authority; and 5
	3591	+
	3592	+	(ii) Any consent agreements the applicant entered into that contain 6
	3593	+	conditions placed on the applicant’s professional conduct and practice, including any 7
	3594	+	voluntary surrender of a license; 8
	3595	+
	3596	+	[(5)] (2) Complete and submit to the Board a Board–approved written 9
	3597	+	attestation that: 10
	3598	+
	3599	+	(i) States that the applicant has a collaboration and consultation 11
	3600	+	agreement with a physician licensed under this article; 12
	3601	+
	3602	+	(ii) Includes the name and license number of the physician with 13
	3603	+	whom the applicant has a collaboration and consultation agreement; 14
	3604	+
	3605	+	(iii) States that the applicant will refer patients to and consult with 15
	3606	+	physicians and other health care providers licensed or certified under this article as needed; 16
	3607	+	and 17
	3608	+
	3609	+	(iv) States that the applicant will require patients to sign a consent 18
	3610	+	form that states that the applicant’s practice of naturopathic medicine is limited to the 19
	3611	+	scope of practice identified in § 14–5F–14 of this subtitle; and 20
	3612	+
	3613	+	[(6)] (3) Inform the physician named in the attestation that the physician 21
	3614	+	has been named. 22
	3615	+
	3616	+	14–5F–15. 23
	3617	+
	3618	+	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 24
	3619	+
	3620	+	(2) A license expires on a date set by the Board, unless the license is 25
	3621	+	renewed as provided in this section. 26
	3622	+
	3623	+	(b) At least 1 month before the license expires, the Board shall send to the licensee 27
	3624	+	a renewal notice that states: 28
	3625	+
	3626	+	(1) The date on which the current license expires; 29
	3627	+
	3628	+	(2) The date by which the renewal application must be received by the 30
	3629	+	Board for the renewal to be issued and mailed before the license expires; and 31
	3630	+
	3631	+	(3) The amount of the renewal fee. 32 HOUSE BILL 1252 77
	3632	+
	3633	+
	3634	+
	3635	+	(c) The Board shall renew the license of a licensee who: 1
	3636	+
	3637	+	(1) Submits a renewal application on the form that the Board requires; 2
	3638	+
	3639	+	(2) Is of good moral character; 3
	3640	+
	3641	+	(3) Pays a renewal fee set by the Board; 4
	3642	+
	3643	+	(4) Is otherwise entitled to be licensed; 5
	3644	+
	3645	+	(5) Meets the continuing education requirements adopted by the Board; 6
	3646	+	and 7
	3647	+
	3648	+	(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 8
	3649	+	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 9
	3650	+	evidence of biennial cardiopulmonary resuscitation certification. 10
	3651	+
	3652	+	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 11
	3653	+	records check in accordance with § 14–308.1 of this title for: 12
	3654	+
	3655	+	(i) Renewal applicants as determined by regulations adopted by the 13
	3656	+	Board; and 14
	3657	+
	3658	+	(ii) Each former licensee who files for reinstatement under § 15
	3659	+	14–5F–16(b) of this subtitle. 16
	3660	+
	3661	+	(2) On receipt of the criminal history record information of a licensee 17
	3662	+	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 18
	3663	+	disciplinary action should be taken, based on the criminal history record information, 19
	3664	+	against a licensee who renewed or reinstated a license, the Board shall consider: 20
	3665	+
	3666	+	(i) The age at which the crime was committed; 21
	3667	+
	3668	+	(ii) The nature of the crime; 22
	3669	+
	3670	+	(iii) The circumstances surrounding the crime; 23
	3671	+
	3672	+	(iv) The length of time that has passed since the crime; 24
	3673	+
	3674	+	(v) Subsequent work history; 25
	3675	+
	3676	+	(vi) Employment and character references; and 26
	3677	+
	3678	+	(vii) Other evidence that demonstrates whether the licensee poses a 27
	3679	+	threat to the public health or safety. 28
	3680	+	78 HOUSE BILL 1252
	3681	+
	3682	+
	3683	+	(3) The Board may renew or reinstate a license only if the licensee or 1
	3684	+	applicant attests that the licensee or applicant has submitted to a criminal history records 2
	3685	+	check under § 14–308.1 of this title. 3
	3686	+
	3687	+	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 4
	3688	+	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 5
	3689	+	for failure of a licensee to obtain the continuing education credits required by the Board.] 6
	3690	+
	3691	+	14–5F–16. 7
	3692	+
	3693	+	(a) [(1)] The Board may place a licensee on inactive status if the licensee 8
	3694	+	submits to the Board: 9
	3695	+
	3696	+	[(i)] (1) An application for inactive status on the form required by 10
	3697	+	the Board; and 11
	3698	+
	3699	+	[(ii)] (2) The inactive status fee set by the Board. 12
	3700	+
	3701	+	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 13
	3702	+	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 14
	3703	+	and submits to the Board: 15
	3704	+
	3705	+	[(i)] (1) Satisfactory evidence of compliance with the requirements 16
	3706	+	of [§ 14–308.1] § 14–302 of this title; 17
	3707	+
	3708	+	[(ii)] (2) Satisfactory evidence of compliance with the continuing 18
	3709	+	education requirements the Board adopts for this purpose; and 19
	3710	+
	3711	+	[(iii)] (3) A reinstatement fee set by the Board. 20
	3712	+
	3713	+	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 21
	3714	+	to renew the license for any reason if the naturopathic doctor: 22
	3715	+
	3716	+	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 23
	3717	+
	3718	+	(2) Pays to the Board a reinstatement fee set by the Board; and 24
	3719	+
	3720	+	(3) Submits to the Board satisfactory evidence of compliance with the 25
	3721	+	qualifications and requirements adopted by the Board under this subtitle for license 26
	3722	+	reinstatements.] 27
	3723	+
	3724	+	14–5F–18. 28
	3725	+
	3726	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
	3727	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30 HOUSE BILL 1252 79
	3728	+
	3729	+
	3730	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
	3731	+	suspend or revoke a license of any licensee if the [applicant or] licensee: 2
	3732	+
	3733	+	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 3
	3734	+	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 4
	3735	+	Article, or any drug without a valid prescription or indication, or provides professional 5
	3736	+	services while under the influence of alcohol or using any narcotic or controlled dangerous 6
	3737	+	substance, as defined in § 5–101 of the Criminal Law Article; 7
	3738	+
	3739	+	(2) Has been found to be mentally incompetent by a physician if the mental 8
	3740	+	incompetence impairs the ability of the applicant or licensee to undertake the practice of 9
	3741	+	naturopathic medicine in a manner consistent with the safety of the public; 10
	3742	+
	3743	+	(3) Has entered into a consent agreement with or has been assessed an 11
	3744	+	administrative penalty by a licensing authority in another state; 12
	3745	+
	3746	+	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 13
	3747	+	license for the applicant, the licensee, or another; 14
	3748	+
	3749	+	(5) Has a license revoked or suspended, or was otherwise acted against, 15
	3750	+	including the denial of licensure, by the licensing authority of another state; 16
	3751	+
	3752	+	(6) Uses false, deceptive, or misleading advertising; 17
	3753	+
	3754	+	(7) Advertises, practices, or attempts to practice under a name other than 18
	3755	+	the applicant’s or licensee’s own name; 19
	3756	+
	3757	+	(8) Aids, assists, employs, or advises any unlicensed individual to practice 20
	3758	+	naturopathic medicine in violation of this subtitle; 21
	3759	+
	3760	+	(9) Willfully makes or files a false report or record in the practice of 22
	3761	+	naturopathic medicine; 23
	3762	+
	3763	+	(10) Willfully or negligently fails to file a report or record as required by law, 24
3473	3764		willfully impedes or obstructs the filing or recording of a report, or induces another to fail 25
3474	3765		to file or record a report; 26
3475	3766
3476		-	(12) Breaches patient confidentiality; 27
3477		-
3478		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 28
3479		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 29
3480		-	accept any sum or any form of remuneration or material benefit from an individual for 30
3481		-	bringing or referring a patient; 31
3482		-	74 HOUSE BILL 1252
3483		-
3484		-
3485		-	(14) Knowingly makes a misrepresentation while practicing perfusion; 1
3486		-
3487		-	(15) Knowingly practices perfusion with an unauthorized individual or aids 2
3488		-	an unauthorized individual in the practice of perfusion; 3
3489		-
3490		-	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 4
3491		-
3492		-	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 5
3493		-	method, treatment, or medicine; 6
3494		-
3495		-	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 7
3496		-	disciplined by a court of any state or country or is disciplined by any branch of the United 8
3497		-	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 9
3498		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 10
3499		-
3500		-	(19) Fails to meet appropriate standards for the delivery of perfusion 11
3501		-	services; 12
3502		-
3503		-	(20) Knowingly submits false statements to collect fees for which services 13
3504		-	are not provided; 14
3505		-
3506		-	(21) (i) Has been subject to investigation or disciplinary action by a 15
3507		-	licensing or disciplinary authority or by a court of any state or country for an act that would 16
3508		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 17
3509		-
3510		-	(ii) Has: 18
3511		-
3512		-	1. Surrendered the license, if any, issued by the state or 19
3513		-	country; or 20
3514		-
3515		-	2. Allowed the license, if any, issued by the state or country 21
3516		-	to expire or lapse; 22
3517		-
3518		-	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 23
3519		-	of the Family Law Article; 24
3520		-
3521		-	(23) Sells, prescribes, gives away, or administers drugs for illegal or 25
3522		-	illegitimate medical purposes; 26
3523		-
3524		-	(24) Practices or attempts to practice beyond the authorized scope of 27
3525		-	practice; 28
3526		-
3527		-	(25) Refuses, withholds from, denies, or discriminates against an individual 29
3528		-	with regard to the provision of professional services for which the licensee is licensed and 30
3529		-	qualified to render because the individual is HIV positive; 31
3530		-	HOUSE BILL 1252 75
3531		-
3532		-
3533		-	(26) Practices or attempts to practice a perfusion procedure or uses or 1
3534		-	attempts to use perfusion equipment if the applicant or licensee has not received education 2
3535		-	and training in the performance of the procedure or the use of the equipment; 3
3536		-
3537		-	(27) Fails to cooperate with a lawful investigation of the Board or a 4
3538		-	disciplinary panel; or 5
3539		-
3540		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 6
3541		-	14–302 of this title. 7
3542		-
3543		-	14–5F–07. 8
3544		-
3545		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 9
3546		-
3547		-	14–5F–11. 10
3548		-
3549		-	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 11
3550		-	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 12
3551		-	requirements of this section. 13
3552		-
3553		-	(b) The applicant shall be of good moral character. 14
3554		-
3555		-	(c) The] applicant shall be at least 21 years old. 15
3556		-
3557		-	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 16
3558		-
3559		-	(1) Have a doctorate in naturopathic medicine from an approved 17
3560		-	naturopathic medical program; and 18
3561		-
3562		-	(2) Pass the competency –based national naturopathic licensing 19
3563		-	examination Part I and Part II administered by the North American Board of Naturopathic 20
3564		-	Examiners, or its successor agency that has been nationally recognized to administer a 21
3565		-	naturopathic examination that represents federal standards of education and training. 22
3566		-
3567		-	[(e)] (C) An applicant shall be physically and mentally capable of safely 23
3568		-	practicing naturopathic medicine with or without reasonable accommodation. 24
3569		-
3570		-	[(f)] (D) If an applicant is licensed, certified, or registered to practice 25
3571		-	naturopathic medicine or any other health occupation in another state, the applicant shall 26
3572		-	be in good standing with the applicable state licensing, certification, or registration 27
3573		-	authority. 28
3574		-
3575		-	[(g) An applicant shall complete a criminal history records check in accordance 29
3576		-	with § 14–308.1 of this title.] 30
3577		-
3578		-	14–5F–12. 31 76 HOUSE BILL 1252
3579		-
3580		-
3581		-
3582		-	To apply for a license, an applicant shall: 1
3583		-
3584		-	[(1) Complete a criminal history records check in accordance with § 2
3585		-	14–308.1 of this title; 3
3586		-
3587		-	(2) Submit an application to the Board on a form that the Board requires; 4
3588		-
3589		-	(3) Pay to the Board an application fee set by the Board;] 5
3590		-
3591		-	[(4)] (1) If the applicant has been licensed, certified, or registered to 6
3592		-	practice naturopathic medicine in another state, submit all evidence relating to: 7
3593		-
3594		-	(i) Any disciplinary action taken or any administrative penalties 8
3595		-	assessed against the applicant by the appropriate state licensing, certification, or 9
3596		-	registration authority; and 10
3597		-
3598		-	(ii) Any consent agreements the applicant entered into that contain 11
3599		-	conditions placed on the applicant’s professional conduct and practice, including any 12
3600		-	voluntary surrender of a license; 13
3601		-
3602		-	[(5)] (2) Complete and submit to the Board a Board–approved written 14
3603		-	attestation that: 15
3604		-
3605		-	(i) States that the applicant has a collaboration and consultation 16
3606		-	agreement with a physician licensed under this article; 17
3607		-
3608		-	(ii) Includes the name and license number of the physician with 18
3609		-	whom the applicant has a collaboration and consultation agreement; 19
3610		-
3611		-	(iii) States that the applicant will refer patients to and consult with 20
3612		-	physicians and other health care providers licensed or certified under this article as needed; 21
3613		-	and 22
3614		-
3615		-	(iv) States that the applicant will require patients to sign a consent 23
3616		-	form that states that the applicant’s practice of naturopathic medicine is limited to the 24
3617		-	scope of practice identified in § 14–5F–14 of this subtitle; and 25
3618		-
3619		-	[(6)] (3) Inform the physician named in the attestation that the physician 26
3620		-	has been named. 27
3621		-
3622		-	14–5F–15. 28
3623		-
3624		-	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 29
3625		-	HOUSE BILL 1252 77
3626		-
3627		-
3628		-	(2) A license expires on a date set by the Board, unless the license is 1
3629		-	renewed as provided in this section. 2
3630		-
3631		-	(b) At least 1 month before the license expires, the Board shall send to the licensee 3
3632		-	a renewal notice that states: 4
3633		-
3634		-	(1) The date on which the current license expires; 5
3635		-
3636		-	(2) The date by which the renewal application must be received by the 6
3637		-	Board for the renewal to be issued and mailed before the license expires; and 7
3638		-
3639		-	(3) The amount of the renewal fee. 8
3640		-
3641		-	(c) The Board shall renew the license of a licensee who: 9
3642		-
3643		-	(1) Submits a renewal application on the form that the Board requires; 10
3644		-
3645		-	(2) Is of good moral character; 11
3646		-
3647		-	(3) Pays a renewal fee set by the Board; 12
3648		-
3649		-	(4) Is otherwise entitled to be licensed; 13
3650		-
3651		-	(5) Meets the continuing education requirements adopted by the Board; 14
3652		-	and 15
3653		-
3654		-	(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 16
3655		-	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 17
3656		-	evidence of biennial cardiopulmonary resuscitation certification. 18
3657		-
3658		-	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 19
3659		-	records check in accordance with § 14–308.1 of this title for: 20
3660		-
3661		-	(i) Renewal applicants as determined by regulations adopted by the 21
3662		-	Board; and 22
3663		-
3664		-	(ii) Each former licensee who files for reinstatement under § 23
3665		-	14–5F–16(b) of this subtitle. 24
3666		-
3667		-	(2) On receipt of the criminal history record information of a licensee 25
3668		-	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 26
3669		-	disciplinary action should be taken, based on the criminal history record information, 27
3670		-	against a licensee who renewed or reinstated a license, the Board shall consider: 28
3671		-
3672		-	(i) The age at which the crime was committed; 29
3673		-
3674		-	(ii) The nature of the crime; 30 78 HOUSE BILL 1252
3675		-
3676		-
3677		-
3678		-	(iii) The circumstances surrounding the crime; 1
3679		-
3680		-	(iv) The length of time that has passed since the crime; 2
3681		-
3682		-	(v) Subsequent work history; 3
3683		-
3684		-	(vi) Employment and character references; and 4
3685		-
3686		-	(vii) Other evidence that demonstrates whether the licensee poses a 5
3687		-	threat to the public health or safety. 6
3688		-
3689		-	(3) The Board may renew or reinstate a license only if the licensee or 7
3690		-	applicant attests that the licensee or applicant has submitted to a criminal history records 8
3691		-	check under § 14–308.1 of this title. 9
3692		-
3693		-	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 10
3694		-	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 11
3695		-	for failure of a licensee to obtain the continuing education credits required by the Board.] 12
3696		-
3697		-	14–5F–16. 13
3698		-
3699		-	(a) [(1)] The Board may place a licensee on inactive status if the licensee 14
3700		-	submits to the Board: 15
3701		-
3702		-	[(i)] (1) An application for inactive status on the form required by 16
3703		-	the Board; and 17
3704		-
3705		-	[(ii)] (2) The inactive status fee set by the Board. 18
3706		-
3707		-	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 19
3708		-	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 20
3709		-	and submits to the Board: 21
3710		-
3711		-	[(i)] (1) Satisfactory evidence of compliance with the requirements 22
3712		-	of [§ 14–308.1] § 14–302 of this title; 23
3713		-
3714		-	[(ii)] (2) Satisfactory evidence of compliance with the continuing 24
3715		-	education requirements the Board adopts for this purpose; and 25
3716		-
3717		-	[(iii)] (3) A reinstatement fee set by the Board. 26
3718		-
3719		-	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 27
3720		-	to renew the license for any reason if the naturopathic doctor: 28
3721		-
3722		-	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 29 HOUSE BILL 1252 79
3723		-
3724		-
3725		-
3726		-	(2) Pays to the Board a reinstatement fee set by the Board; and 1
3727		-
3728		-	(3) Submits to the Board satisfactory evidence of compliance with the 2
3729		-	qualifications and requirements adopted by the Board under this subtitle for license 3
3730		-	reinstatements.] 4
3731		-
3732		-	14–5F–18. 5
3733		-
3734		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
3735		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 7
3736		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
3737		-	suspend or revoke a license of any licensee if the [applicant or] licensee: 9
3738		-
3739		-	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 10
3740		-	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 11
3741		-	Article, or any drug without a valid prescription or indication, or provides professional 12
3742		-	services while under the influence of alcohol or using any narcotic or controlled dangerous 13
3743		-	substance, as defined in § 5–101 of the Criminal Law Article; 14
3744		-
3745		-	(2) Has been found to be mentally incompetent by a physician if the mental 15
3746		-	incompetence impairs the ability of the applicant or licensee to undertake the practice of 16
3747		-	naturopathic medicine in a manner consistent with the safety of the public; 17
3748		-
3749		-	(3) Has entered into a consent agreement with or has been assessed an 18
3750		-	administrative penalty by a licensing authority in another state; 19
3751		-
3752		-	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 20
3753		-	license for the applicant, the licensee, or another; 21
3754		-
3755		-	(5) Has a license revoked or suspended, or was otherwise acted against, 22
3756		-	including the denial of licensure, by the licensing authority of another state; 23
3757		-
3758		-	(6) Uses false, deceptive, or misleading advertising; 24
3759		-
3760		-	(7) Advertises, practices, or attempts to practice under a name other than 25
3761		-	the applicant’s or licensee’s own name; 26
3762		-
3763		-	(8) Aids, assists, employs, or advises any unlicensed individual to practice 27
3764		-	naturopathic medicine in violation of this subtitle; 28
3765		-
3766		-	(9) Willfully makes or files a false report or record in the practice of 29
3767		-	naturopathic medicine; 30
3768		-
3769		-	(10) Willfully or negligently fails to file a report or record as required by law, 31
3770		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 32
3771		-	to file or record a report; 33 80 HOUSE BILL 1252
3772		-
3773		-
3774		-
3775		-	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 1
3776		-	in any split–fee arrangement in any form with a licensed physician, organization, agency, 2
3777		-	or other person, either directly or indirectly, for patients referred to health care providers; 3
3778		-
3779		-	(12) Exercises influence within a patient–doctor relationship for purposes of 4
3780		-	engaging a patient in sexual activity; 5
3781		-
3782		-	(13) Engages in sexual misconduct with a patient; 6
3783		-
3784		-	(14) Fails to keep written medical records justifying the course of treatment 7
3785		-	of a patient; 8
3786		-
3787		-	(15) Engages in an act or omission that does not meet generally accepted 9
3788		-	standards of practice of naturopathic medicine or of safe care of patients, whether or not 10
3789		-	actual injury to a patient is established; 11
3790		-
3791		-	(16) Delegates professional responsibilities to an individual when the 12
3792		-	licensee delegating the responsibilities knows or has reason to know that the individual is 13
3793		-	not qualified by training, experience, or licensure to perform the responsibilities; 14
3794		-
3795		-	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 15
3796		-	patient so as to exploit the patient for financial gain; 16
3797		-
3798		-	(18) Breaches patient confidentiality; 17
3799		-
3800		-	(19) Is guilty of unprofessional or immoral conduct in the practice of 18
3801		-	naturopathic medicine; 19
3802		-
3803		-	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 20
3804		-	method, treatment, or medicine; 21
3805		-
3806		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 22
3807		-	of the Family Law Article; 23
3808		-
3809		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 24
3810		-	illegitimate purposes; 25
3811		-
3812		-	(23) Denies or discriminates against an individual with regard to the 26
3813		-	provision of professional services for which the licensee is licensed and qualified to render 27
3814		-	because the individual is HIV positive; 28
3815		-
3816		-	(24) Fails to cooperate with a lawful investigation of the Board; 29
3817		-
3818		-	(25) Abandons a patient; 30
	3767	+	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 27
	3768	+	in any split–fee arrangement in any form with a licensed physician, organization, agency, 28
	3769	+	or other person, either directly or indirectly, for patients referred to health care providers; 29
	3770	+
	3771	+	(12) Exercises influence within a patient–doctor relationship for purposes of 30
	3772	+	engaging a patient in sexual activity; 31
	3773	+
	3774	+	(13) Engages in sexual misconduct with a patient; 32
	3775	+	80 HOUSE BILL 1252
	3776	+
	3777	+
	3778	+	(14) Fails to keep written medical records justifying the course of treatment 1
	3779	+	of a patient; 2
	3780	+
	3781	+	(15) Engages in an act or omission that does not meet generally accepted 3
	3782	+	standards of practice of naturopathic medicine or of safe care of patients, whether or not 4
	3783	+	actual injury to a patient is established; 5
	3784	+
	3785	+	(16) Delegates professional responsibilities to an individual when the 6
	3786	+	licensee delegating the responsibilities knows or has reason to know that the individual is 7
	3787	+	not qualified by training, experience, or licensure to perform the responsibilities; 8
	3788	+
	3789	+	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 9
	3790	+	patient so as to exploit the patient for financial gain; 10
	3791	+
	3792	+	(18) Breaches patient confidentiality; 11
	3793	+
	3794	+	(19) Is guilty of unprofessional or immoral conduct in the practice of 12
	3795	+	naturopathic medicine; 13
	3796	+
	3797	+	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 14
	3798	+	method, treatment, or medicine; 15
	3799	+
	3800	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 16
	3801	+	of the Family Law Article; 17
	3802	+
	3803	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 18
	3804	+	illegitimate purposes; 19
	3805	+
	3806	+	(23) Denies or discriminates against an individual with regard to the 20
	3807	+	provision of professional services for which the licensee is licensed and qualified to render 21
	3808	+	because the individual is HIV positive; 22
	3809	+
	3810	+	(24) Fails to cooperate with a lawful investigation of the Board; 23
	3811	+
	3812	+	(25) Abandons a patient; 24
	3813	+
	3814	+	(26) Violates any provision of this title or any regulation adopted by the 25
	3815	+	Board; or 26
	3816	+
	3817	+	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 27
	3818	+	14–302 of this title. 28
	3819	+
	3820	+	14–5F–21. 29
	3821	+
	3822	+	[(a) The Board shall give notice and hold a hearing in accordance with the 30
	3823	+	Administrative Procedure Act. 31
3819	3824		HOUSE BILL 1252 81
3820	3825
3821	3826
3822		-	(26) Violates any provision of this title or any regulation adopted by the 1
3823		-	Board; or 2
3824		-
3825		-	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 3
3826		-	14–302 of this title. 4
3827		-
3828		-	14–5F–21. 5
3829		-
3830		-	[(a) The Board shall give notice and hold a hearing in accordance with the 6
3831		-	Administrative Procedure Act. 7
3832		-
3833		-	(b) The individual may be represented at the hearing by counsel. 8
3834		-
3835		-	(c) Over the signature of an officer or the administrator of the Board, the Board 9
3836		-	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 10
3837		-	investigation under this subtitle and any hearings or proceedings before the Board or a 11
3838		-	disciplinary panel. 12
3839		-
3840		-	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 13
3841		-	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 14
3842		-	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 15
3843		-	may punish the person as for contempt of court. 16
3844		-
3845		-	(e) If, after due notice, the individual against whom the action is contemplated 17
3846		-	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 18
3847		-	matter. 19
3848		-
3849		-	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 20
3850		-	PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 21
3851		-	individual shall pay the costs of the hearing as specified in a regulation adopted by the 22
3852		-	Board. 23
3853		-
3854		-	14–5F–24. 24
3855		-
3856		-	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 25
3857		-	has been surrendered or revoked for a period of more than 1 year unless the licensee: 26
3858		-
3859		-	(1) Meets the requirements for reinstatement as established under this 27
3860		-	title; and 28
3861		-
3862		-	(2) Completes a criminal history records check in accordance with [§ 29
3863		-	14–308.1] § 14–302 of this title. 30
3864		-
3865		-	14–5G–09. 31
	3827	+	(b) The individual may be represented at the hearing by counsel. 1
	3828	+
	3829	+	(c) Over the signature of an officer or the administrator of the Board, the Board 2
	3830	+	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 3
	3831	+	investigation under this subtitle and any hearings or proceedings before the Board or a 4
	3832	+	disciplinary panel. 5
	3833	+
	3834	+	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 6
	3835	+	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 7
	3836	+	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 8
	3837	+	may punish the person as for contempt of court. 9
	3838	+
	3839	+	(e) If, after due notice, the individual against whom the action is contemplated 10
	3840	+	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 11
	3841	+	matter. 12
	3842	+
	3843	+	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 13
	3844	+	PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 14
	3845	+	individual shall pay the costs of the hearing as specified in a regulation adopted by the 15
	3846	+	Board. 16
	3847	+
	3848	+	14–5F–24. 17
	3849	+
	3850	+	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 18
	3851	+	has been surrendered or revoked for a period of more than 1 year unless the licensee: 19
	3852	+
	3853	+	(1) Meets the requirements for reinstatement as established under this 20
	3854	+	title; and 21
	3855	+
	3856	+	(2) Completes a criminal history records check in accordance with [§ 22
	3857	+	14–308.1] § 14–302 of this title. 23
	3858	+
	3859	+	14–5G–09. 24
	3860	+
	3861	+	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 25
	3862	+	individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 26
	3863	+
	3864	+	(b) [The applicant must be of good moral character. 27
	3865	+
	3866	+	(c) The applicant must be at least 18 years old. 28
	3867	+
	3868	+	(d)] The applicant must be a graduate of an appropriate education program 29
	3869	+	approved by the Board. 30
3866	3870		82 HOUSE BILL 1252
3867	3871
3868	3872
3869		-	(a) ~~To qualify for a license to practice genetic counseling~~, an applicant ~~shall be an~~ 1
3870		-	~~individual who meets~~ the ~~requirements~~ of ~~this section AND § 14–301 OF THIS TITLE.~~ 2
3871		-
3872		-	~~(b) [The applicant must be of good moral character. 3~~
3873		-
3874		-	(c) The applicant ~~must be at least 18 years old.~~ 4
3875		-
3876		-	(d)~~] The applicant must be~~ a ~~graduate of an appropriate education program 5~~
3877		-	~~approved by the Board. 6~~
3878		-
3879		-	~~[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 7~~
3880		-	~~shall submit to~~ the ~~Board satisfactory evidence of certification by a national certifying~~ 8
3881		-	~~organization approved by~~ the ~~Board.~~ 9
3882		-
3883		-	~~[(f)]~~ (D) If an ~~applicant does not meet~~ the ~~requirement under subsection [(e)]~~ 10
3884		-	~~(C) of this section, the applicant may qualify for licensure if the applicant: 11~~
3885		-
3886		-	~~(1) Has worked as a~~ genetic ~~counselor for:~~ 12
3887		-
3888		-	~~(i) At least 10 years before January 1, 2024; and 13~~
3889		-
3890		-	~~(ii) At least 5 consecutive~~ years ~~immediately preceding~~ the ~~date on 14~~
3891		-	~~which the applicant submits the application for licensure; 15~~
3892		-
3893		-	(2) ~~Has graduated from an education program approved by~~ the ~~Board; 16~~
3894		-
3895		-	~~(3) Submits to the Board three letters of recommendation from licensed 17~~
3896		-	~~physicians who have been licensed~~ for ~~at least 5 years~~ or ~~certified genetic counselors eligible 18~~
3897		-	~~for licensure and who: 19~~
3898		-
3899		-	~~(i) Have worked~~ with ~~the applicant in an employment or 20~~
3900		-	~~professional setting for 3 years before the applicant submits the application for licensure; 21~~
3901		-	~~and~~ 22
3902		-
3903		-	~~(ii) Can attest to the applicant’s competency in providing genetic 23~~
3904		-	~~counseling services; and~~ 24
3905		-
3906		-	(4) ~~Applies for initial licensure on or before December 31,~~ ~~2024.~~ 25
3907		-
3908		-	~~[(g) The applicant shall complete a criminal history records check in accordance 26~~
3909		-	~~with §~~ 14–~~308~~.~~1 of this title.]~~ 27
3910		-
3911		-	[~~(h)] (E) The applicant shall meet any additional education, training, or~~ 28
3912		-	~~examination requirements established by the Board. 29~~
3913		-
3914		-	~~14–5G–14.~~ 30 HOUSE BILL 1252 83
3915		-
3916		-
3917		-
3918		-	(h) ~~A supervised genetic counselor is subject to discipline under [§ 14–5G–19~~] § 1
3919		-	~~14–5G–18~~ of ~~this subtitle to the same extent as a~~ genetic ~~counselor~~. 2
3920		-
3921		-	14–5G–17. 3
3922		-
3923		-	A disciplinary panel ~~may issue a cease and desist order for[:~~ 4
3924		-
3925		-	~~(1) Practicing genetic counseling without a license~~ or ~~with an unauthorized 5~~
3926		-	~~person;~~ or 6
3927		-
3928		-	(2) ~~Supervising] SUPERVISING~~ or ~~aiding an unauthorized person in the 7~~
3929		-	~~practice of genetic counseling.~~ 8
3930		-
3931		-	~~14–5G–18. 9~~
3932		-
3933		-	(a) ~~Subject to the hearing provisions~~ of ~~§ 14–405 of this title,~~ ~~a disciplinary panel,~~ 10
3934		-	~~on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 11~~
3935		-	~~license to any applicant,] reprimand any licensee, place any licensee on probation, or 12~~
3936		-	~~suspend~~ or ~~revoke a license, if the [applicant or] licensee:~~ 13
3937		-
3938		-	(1) ~~Fraudulently or deceptively obtains or attempts to obtain~~ a ~~license for~~ 14
3939		-	~~the applicant or licensee or for another; 15~~
3940		-
3941		-	~~(2) Fraudulently or deceptively uses a license; 16~~
3942		-
3943		-	~~(3) Is guilty~~ of ~~unprofessional or immoral conduct while practicing genetic~~ 17
3944		-	~~counseling; 18~~
3945		-
3946		-	~~(4) Is professionally, physically, or mentally incompetent; 19~~
3947		-
3948		-	~~(5) Abandons a patient; 20~~
3949		-
3950		-	~~(6)~~ Is ~~habitually intoxicated;~~ 21
3951		-
3952		-	~~(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22~~
3953		-	~~substance as defined in § 5–101~~ of ~~the Criminal Law Article;~~ 23
3954		-
3955		-	~~(8) Provides professional services while: 24~~
3956		-
3957		-	~~(i) Under the influence of alcohol~~; ~~or 25~~
3958		-
3959		-	(ii) ~~Using~~ any ~~narcotic or controlled dangerous substance~~ as ~~defined 26~~
3960		-	~~in § 5–101~~ of ~~the Criminal Law Article~~ or ~~any other drug that is in excess of therapeutic 27~~
3961		-	~~amounts~~ or ~~without valid medical indication~~; 28
3962		-	~~84 HOUSE BILL 1252~~
3963		-
3964		-
3965		-	~~(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 1~~
3966		-	~~patient so as to exploit the patient for financial gain; 2~~
3967		-
3968		-	~~(10) Willfully makes~~ or ~~files~~ a ~~false report~~ or ~~record in the practice of genetic 3~~
3969		-	~~counseling; 4~~
3970		-
3971		-	~~(11) Willfully fails to file or record any report as required under law, 5~~
3972		-	~~willfully impedes or obstructs the filing or recording of~~ a ~~report, or induces another to fail 6~~
3973		-	~~to file or record a report~~; 7
3974		-
3975		-	(12) ~~Breaches patient confidentiality;~~ 8
3976		-
3977		-	~~(13) Pays or agrees to pay any sum or provide any form of remuneration or 9~~
3978		-	~~material benefit~~ to ~~any person for bringing or referring a patient or accepts or agrees to 10~~
3979		-	~~accept any sum or any form of remuneration or material benefit from an individual for 11~~
3980		-	~~bringing or referring a patient; 12~~
3981		-
3982		-	~~(14) Knowingly makes a misrepresentation while practicing genetic 13~~
3983		-	~~counseling; 14~~
3984		-
3985		-	~~(15) Knowingly practices genetic counseling with an unauthorized 15~~
3986		-	~~individual~~ or ~~aids an unauthorized individual in practicing genetic counseling; 16~~
3987		-
3988		-	~~(16) Knowingly delegates a genetic counseling duty to~~ an ~~unlicensed 17~~
3989		-	~~individual~~; 18
3990		-
3991		-	(17) ~~Grossly overutilizes health care services;~~ 19
3992		-
3993		-	~~(18) Offers, undertakes, or agrees to cure or treat disease by a secret 20~~
3994		-	~~method, treatment,~~ ~~or medicine;~~ 21
3995		-
3996		-	~~(19) Is disciplined by a licensing or disciplinary authority or is convicted or 22~~
3997		-	~~disciplined~~ by a ~~court of any state or country or is disciplined by any branch of the United 23~~
3998		-	~~States uniformed services~~ or ~~the U.S. Department~~ of ~~Veterans Affairs~~ for an act that would 24
3999		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 25
4000		-
4001		-	(20) ~~Fails to meet appropriate standards for the delivery of genetic 26~~
4002		-	~~counseling services; 27~~
4003		-
4004		-	~~(21) Knowingly submits false statements to collect fees for which services 28~~
4005		-	~~are not provided; 29~~
4006		-
4007		-	~~(22) (i) Has been subject~~ to ~~investigation~~ or ~~disciplinary action by a 30~~
4008		-	~~licensing or disciplinary authority or by a court of any state or country for an act that would 31~~
4009		-	~~be grounds for disciplinary action under the Board’s disciplinary statutes;~~ ~~and 32~~
4010		-
4011		-	~~(ii) Has: 33~~ HOUSE BILL 1252 85
4012		-
4013		-
4014		-
4015		-	1. ~~Surrendered the license, if any, issued by the state or 1~~
4016		-	~~country; or 2~~
4017		-
4018		-	2. ~~Allowed~~ the ~~license, if any,~~ ~~issued by~~ the ~~state or country 3~~
4019		-	to ~~expire or lapse~~; 4
4020		-
4021		-	(23) ~~Knowingly fails~~ to ~~report suspected child abuse in violation of § 5–704 5~~
4022		-	of the ~~Family Law Article;~~ 6
4023		-
4024		-	~~(24) Practices or attempts to practice beyond the authorized scope of 7~~
4025		-	~~practice; 8~~
4026		-
4027		-	~~(25) Refuses,~~ ~~withholds from, denies, or discriminates against an individual 9~~
4028		-	~~with regard to the provision of professional services for which the licensee is licensed and 10~~
4029		-	~~qualified~~ to ~~render because the individual is HIV positive;~~ 11
4030		-
4031		-	~~(26) Practices or attempts to practice genetic counseling procedures or uses 12~~
4032		-	~~or attempts to use genetic assessments if the applicant~~ or ~~licensee has not received 13~~
4033		-	~~education and training in~~ the ~~performance of~~ the ~~procedure~~ or the ~~use of the genetic 14~~
4034		-	~~assessment; 15~~
4035		-
4036		-	~~(27) Fails to cooperate with a lawful investigation of the Board or a 16~~
4037		-	~~disciplinary panel;~~ 17
4038		-
4039		-	(28) ~~Fails to complete a criminal history records check under [§ 14–308~~.~~1] §~~ 18
4040		-	~~14–302 of this title; or 19~~
4041		-
4042		-	~~(29) Violates any provision of~~ this ~~title or any rule or regulation pertaining~~ 20
4043		-	~~to genetic counseling that is adopted by the Board, the State, or the federal government. 21~~
4044		-
4045		-	~~SUBTITLE 5H. PHYSICIAN ASSISTANTS. 22~~
4046		-
4047		-	~~14–5H–01~~. 23
4048		-
4049		-	(a) ~~In this title the following words have the meanings indicated~~. 24
4050		-
4051		-	[(d) “~~Board~~” means the ~~State Board of Physicians, established under § 14–201 of~~ 25
4052		-	this article.] 26
4053		-
4054		-	[(e)] (D) “~~Committee~~” means ~~the Physician Assistant Advisory Committee.~~ 27
4055		-
4056		-	~~[(f)~~] ~~(E) “Controlled dangerous substances” has the meaning stated in~~ § 5–~~101 28~~
4057		-	~~of the Criminal Law Article. 29~~
4058		-
4059		-	~~[(g)~~] ~~(F) “Correctional facility” includes a State or local correctional facility. 30~~ 86 HOUSE BILL 1252
4060		-
4061		-
4062		-
4063		-	[(h)] (G) “~~Delegated medical acts~~” ~~means activities that constitute~~ the ~~practice~~ 1
4064		-	~~of medicine delegated by a physician under [Title 14 of this~~ article~~] THIS TITLE~~. 2
4065		-
4066		-	[(i)] (H) “~~Delegation agreement~~” means a ~~document~~ that is ~~executed by a~~ 3
4067		-	~~primary supervising physician~~ and ~~a physician assistant containing the requirements of [§~~ 4
4068		-	~~15–302] § 14–5H–08 of this [title] SUBTITLE. 5~~
4069		-
4070		-	~~[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 6~~
4071		-	under § 14–~~401~~ of ~~this~~ article~~.] 7~~
4072		-
4073		-	~~[(j)]~~ (I) ~~“Dispense” or “dispensing” has the meaning stated in § 12–101 of this 8~~
4074		-	~~article. 9~~
4075		-
4076		-	~~[(k)] (J) “Drug~~ ~~sample” means a unit of a prescription drug that is intended to 10~~
4077		-	~~promote the sale of the drug and is not intended for sale. 11~~
4078		-
4079		-	~~[(l)] (K) “Hospital” means: 12~~
4080		-
4081		-	~~(1) A hospital as defined~~ under § 19~~–301~~ of the Health – ~~General Article; 13~~
4082		-
4083		-	~~(2) A comprehensive care facility that: 14~~
4084		-
4085		-	~~(i) Meets the requirements of a hospital–based skilled nursing~~ 15
4086		-	~~facility under federal law; and 16~~
4087		-
4088		-	~~(ii) Offers acute care in~~ the ~~same building;~~ ~~and~~ 17
4089		-
4090		-	~~(3) An emergency room that is physically connected to a hospital or a 18~~
4091		-	~~freestanding medical facility that~~ is licensed under ~~Title 19, Subtitle 3A of the Health –~~ 19
4092		-	~~General Article~~. 20
4093		-
4094		-	[(m)] (L) “~~License” means a license issued by the Board to~~ a physician assistant 21
4095		-	~~under this title.~~ 22
4096		-
4097		-	~~[(n)]~~ (M) ~~“National certifying examination”~~ ~~means the~~ Physician Assistant 23
4098		-	~~National Certifying Examination administered by the N ational Commission on 24~~
4099		-	~~Certification~~ of ~~Physician Assistants or its successor. 25~~
4100		-
4101		-	~~[(o)]~~ (N) “Physician assistant~~” means an individual who is licensed under this 26~~
4102		-	~~title to practice medicine with physician supervision~~. 27
4103		-
4104		-	[(p)] (O) “~~Practice as a physician assistant~~” means the ~~performance of medical 28~~
4105		-	~~acts that are~~: 29
4106		-
4107		-	~~(1) Delegated by a supervising physician to a physician assistant; 30 HOUSE BILL 1252 87~~
4108		-
4109		-
4110		-
4111		-	~~(2) Within the supervising physician’s scope of practice; and 1~~
4112		-
4113		-	(3) ~~Appropriate to the physician assistant’s education, training~~, and 2
4114		-	~~experience. 3~~
4115		-
4116		-	~~[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 4~~
4117		-	~~alternate supervising physician to~~ a ~~physician assistant to:~~ 5
4118		-
4119		-	~~(1) Prescribe~~ and ~~administer controlled dangerous substances,~~ ~~prescription 6~~
4120		-	~~drugs, medical devices, and the oral, written, or electronic ordering of medications; and 7~~
4121		-
4122		-	~~(2) Dispense as provided~~ under ~~[§ 15–302.2(b), (c), and (d)] § 8~~
4123		-	~~14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 9~~
4124		-
4125		-	~~[(r)] (Q) “~~Primary supervising physician~~” means a~~ physician ~~who:~~ 10
4126		-
4127		-	~~(1) Completes a delegation agreement that meets the requirements under 11~~
4128		-	~~[§§ 15–301~~(d) ~~and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08~~ of ~~this [title] 12~~
4129		-	~~SUBTITLE and files a copy with~~ the ~~Board; 13~~
4130		-
4131		-	(2) ~~Acts as the physician responsible to ensure that~~ a ~~physician assistant 14~~
4132		-	~~practices medicine~~ in ~~accordance with this title and the regulations adopted under this title; 15~~
4133		-
4134		-	~~(3) Ensures that a physician assistant practices within the scope of practice 16~~
4135		-	of ~~the primary supervising physician or any designated alternate supervising physician; 17~~
4136		-	~~and 18~~
4137		-
4138		-	~~(4) Ensures that a list of alternate supervising physicians is maintained at 19~~
4139		-	the ~~practice setting~~. 20
4140		-
4141		-	[(s)] (R) “~~Public health facility~~” means a ~~site where clinical public health 21~~
4142		-	~~services are rendered under the auspices of the Department,~~ ~~a local health department in 22~~
4143		-	~~a county,~~ ~~or the Baltimore City Health Department~~. 23
4144		-
4145		-	~~[(t)]~~ (S) “~~Starter dosage~~” ~~means an amount~~ of ~~a drug sufficient to begin therapy: 24~~
4146		-
4147		-	~~(1) Of short duration of 72 hours or less;~~ ~~or 25~~
4148		-
4149		-	~~(2) Prior to obtaining a larger quantity of the drug to complete therapy. 26~~
4150		-
4151		-	~~[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 27~~
4152		-	~~on–site supervision or immediately available direction for~~ physician ~~assistants performing 28~~
4153		-	~~delegated medical acts.~~ 29
	3873	+	[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 1
	3874	+	shall submit to the Board satisfactory evidence of certification by a national certifying 2
	3875	+	organization approved by the Board. 3
	3876	+
	3877	+	[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 4
	3878	+	(C) of this section, the applicant may qualify for licensure if the applicant: 5
	3879	+
	3880	+	(1) Has worked as a genetic counselor for: 6
	3881	+
	3882	+	(i) At least 10 years before January 1, 2024; and 7
	3883	+
	3884	+	(ii) At least 5 consecutive years immediately preceding the date on 8
	3885	+	which the applicant submits the application for licensure; 9
	3886	+
	3887	+	(2) Has graduated from an education program approved by the Board; 10
	3888	+
	3889	+	(3) Submits to the Board three letters of recommendation from licensed 11
	3890	+	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 12
	3891	+	for licensure and who: 13
	3892	+
	3893	+	(i) Have worked with the applicant in an employment or 14
	3894	+	professional setting for 3 years before the applicant submits the application for licensure; 15
	3895	+	and 16
	3896	+
	3897	+	(ii) Can attest to the applicant’s competency in providing genetic 17
	3898	+	counseling services; and 18
	3899	+
	3900	+	(4) Applies for initial licensure on or before December 31, 2024. 19
	3901	+
	3902	+	[(g) The applicant shall complete a criminal history records check in accordance 20
	3903	+	with § 14–308.1 of this title.] 21
	3904	+
	3905	+	[(h)] (E) The applicant shall meet any additional education, training, or 22
	3906	+	examination requirements established by the Board. 23
	3907	+
	3908	+	14–5G–14. 24
	3909	+
	3910	+	(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 25
	3911	+	14–5G–18 of this subtitle to the same extent as a genetic counselor. 26
	3912	+
	3913	+	14–5G–17. 27
	3914	+
	3915	+	A disciplinary panel may issue a cease and desist order for[: 28
	3916	+
	3917	+	(1) Practicing genetic counseling without a license or with an unauthorized 29
	3918	+	person; or 30 HOUSE BILL 1252 83
	3919	+
	3920	+
	3921	+
	3922	+	(2) Supervising] SUPERVISING or aiding an unauthorized person in the 1
	3923	+	practice of genetic counseling. 2
	3924	+
	3925	+	14–5G–18. 3
	3926	+
	3927	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
	3928	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 5
	3929	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
	3930	+	suspend or revoke a license, if the [applicant or] licensee: 7
	3931	+
	3932	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
	3933	+	the applicant or licensee or for another; 9
	3934	+
	3935	+	(2) Fraudulently or deceptively uses a license; 10
	3936	+
	3937	+	(3) Is guilty of unprofessional or immoral conduct while practicing genetic 11
	3938	+	counseling; 12
	3939	+
	3940	+	(4) Is professionally, physically, or mentally incompetent; 13
	3941	+
	3942	+	(5) Abandons a patient; 14
	3943	+
	3944	+	(6) Is habitually intoxicated; 15
	3945	+
	3946	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
	3947	+	substance as defined in § 5–101 of the Criminal Law Article; 17
	3948	+
	3949	+	(8) Provides professional services while: 18
	3950	+
	3951	+	(i) Under the influence of alcohol; or 19
	3952	+
	3953	+	(ii) Using any narcotic or controlled dangerous substance as defined 20
	3954	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
	3955	+	amounts or without valid medical indication; 22
	3956	+
	3957	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
	3958	+	patient so as to exploit the patient for financial gain; 24
	3959	+
	3960	+	(10) Willfully makes or files a false report or record in the practice of genetic 25
	3961	+	counseling; 26
	3962	+
	3963	+	(11) Willfully fails to file or record any report as required under law, 27
	3964	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
	3965	+	to file or record a report; 29
	3966	+
	3967	+	(12) Breaches patient confidentiality; 30 84 HOUSE BILL 1252
	3968	+
	3969	+
	3970	+
	3971	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
	3972	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 2
	3973	+	accept any sum or any form of remuneration or material benefit from an individual for 3
	3974	+	bringing or referring a patient; 4
	3975	+
	3976	+	(14) Knowingly makes a misrepresentation while practicing genetic 5
	3977	+	counseling; 6
	3978	+
	3979	+	(15) Knowingly practices genetic counseling with an una uthorized 7
	3980	+	individual or aids an unauthorized individual in practicing genetic counseling; 8
	3981	+
	3982	+	(16) Knowingly delegates a genetic counseling duty to an unlicensed 9
	3983	+	individual; 10
	3984	+
	3985	+	(17) Grossly overutilizes health care services; 11
	3986	+
	3987	+	(18) Offers, undertakes, or agrees to cure or treat disease by a secret 12
	3988	+	method, treatment, or medicine; 13
	3989	+
	3990	+	(19) Is disciplined by a licensing or disciplinary authority or is convicted or 14
	3991	+	disciplined by a court of any state or country or is disciplined by any branch of the United 15
	3992	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 16
	3993	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 17
	3994	+
	3995	+	(20) Fails to meet appropriate standards for the delivery of genetic 18
	3996	+	counseling services; 19
	3997	+
	3998	+	(21) Knowingly submits false statements to collect fees for which services 20
	3999	+	are not provided; 21
	4000	+
	4001	+	(22) (i) Has been subject to investigation or disciplinary action by a 22
	4002	+	licensing or disciplinary authority or by a court of any state or country for an act that would 23
	4003	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 24
	4004	+
	4005	+	(ii) Has: 25
	4006	+
	4007	+	1. Surrendered the license, if any, issued by the state or 26
	4008	+	country; or 27
	4009	+
	4010	+	2. Allowed the license, if any, issued by the state or country 28
	4011	+	to expire or lapse; 29
	4012	+
	4013	+	(23) Knowingly fails to report suspected child abuse in violation of § 5–704 30
	4014	+	of the Family Law Article; 31
	4015	+	HOUSE BILL 1252 85
	4016	+
	4017	+
	4018	+	(24) Practices or attempts to practice beyond the authorized scope of 1
	4019	+	practice; 2
	4020	+
	4021	+	(25) Refuses, withholds from, denies, or discriminates against an individual 3
	4022	+	with regard to the provision of professional services for which the licensee is licensed and 4
	4023	+	qualified to render because the individual is HIV positive; 5
	4024	+
	4025	+	(26) Practices or attempts to practice genetic counseling procedures or uses 6
	4026	+	or attempts to use genetic assessments if the applicant or licensee has not received 7
	4027	+	education and training in the performance of the procedure or the use of the genetic 8
	4028	+	assessment; 9
	4029	+
	4030	+	(27) Fails to cooperate with a lawful investigation of the Board or a 10
	4031	+	disciplinary panel; 11
	4032	+
	4033	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 12
	4034	+	14–302 of this title; or 13
	4035	+
	4036	+	(29) Violates any provision of this title or any rule or regulation pertaining 14
	4037	+	to genetic counseling that is adopted by the Board, the State, or the federal government. 15
	4038	+
	4039	+	SUBTITLE 5H. PHYSICIAN ASSISTANTS. 16
	4040	+
	4041	+	14–5H–01. 17
	4042	+
	4043	+	(a) In this title the following words have the meanings indicated. 18
	4044	+
	4045	+	[(d) “Board” means the State Board of Physicians, established under § 14–201 of 19
	4046	+	this article.] 20
	4047	+
	4048	+	[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 21
	4049	+
	4050	+	[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 22
	4051	+	of the Criminal Law Article. 23
	4052	+
	4053	+	[(g)] (F) “Correctional facility” includes a State or local correctional facility. 24
	4054	+
	4055	+	[(h)] (G) “Delegated medical acts” means activities that constitute the practice 25
	4056	+	of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 26
	4057	+
	4058	+	[(i)] (H) “Delegation agreement” means a document that is executed by a 27
	4059	+	primary supervising physician and a physician assistant containing the requirements of [§ 28
	4060	+	15–302] § 14–5H–08 of this [title] SUBTITLE. 29
	4061	+
	4062	+	[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 30
	4063	+	under § 14–401 of this article.] 31 86 HOUSE BILL 1252
	4064	+
	4065	+
	4066	+
	4067	+	[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
	4068	+	article. 2
	4069	+
	4070	+	[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
	4071	+	promote the sale of the drug and is not intended for sale. 4
	4072	+
	4073	+	[(l)] (K) “Hospital” means: 5
	4074	+
	4075	+	(1) A hospital as defined under § 19–301 of the Health – General Article; 6
	4076	+
	4077	+	(2) A comprehensive care facility that: 7
	4078	+
	4079	+	(i) Meets the requirements of a hospital–based skilled nursing 8
	4080	+	facility under federal law; and 9
	4081	+
	4082	+	(ii) Offers acute care in the same building; and 10
	4083	+
	4084	+	(3) An emergency room that is physically connected to a hospital or a 11
	4085	+	freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 12
	4086	+	General Article. 13
	4087	+
	4088	+	[(m)] (L) “License” means a license issued by the Board to a physician assistant 14
	4089	+	under this title. 15
	4090	+
	4091	+	[(n)] (M) “National certifying examination” means the Physician Assistant 16
	4092	+	National Certifying Examination administered by the National Commission on 17
	4093	+	Certification of Physician Assistants or its successor. 18
	4094	+
	4095	+	[(o)] (N) “Physician assistant” means an individual who is licensed under this 19
	4096	+	title to practice medicine with physician supervision. 20
	4097	+
	4098	+	[(p)] (O) “Practice as a physician assistant” means the performance of medical 21
	4099	+	acts that are: 22
	4100	+
	4101	+	(1) Delegated by a supervising physician to a physician assistant; 23
	4102	+
	4103	+	(2) Within the supervising physician’s scope of practice; and 24
	4104	+
	4105	+	(3) Appropriate to the physician assistant’s education, training, and 25
	4106	+	experience. 26
	4107	+
	4108	+	[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
	4109	+	alternate supervising physician to a physician assistant to: 28
	4110	+	HOUSE BILL 1252 87
	4111	+
	4112	+
	4113	+	(1) Prescribe and administer controlled dangerous substances, prescription 1
	4114	+	drugs, medical devices, and the oral, written, or electronic ordering of medications; and 2
	4115	+
	4116	+	(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 3
	4117	+	14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 4
	4118	+
	4119	+	[(r)] (Q) “Primary supervising physician” means a physician who: 5
	4120	+
	4121	+	(1) Completes a delegation agreement that meets the requirements under 6
	4122	+	[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 7
	4123	+	SUBTITLE and files a copy with the Board; 8
	4124	+
	4125	+	(2) Acts as the physician responsible to ensure that a physician assistant 9
	4126	+	practices medicine in accordance with this title and the regulations adopted under this title; 10
	4127	+
	4128	+	(3) Ensures that a physician assistant practices within the scope of practice 11
	4129	+	of the primary supervising physician or any designated alternate supervising physician; 12
	4130	+	and 13
	4131	+
	4132	+	(4) Ensures that a list of alternate supervising physicians is maintained at 14
	4133	+	the practice setting. 15
	4134	+
	4135	+	[(s)] (R) “Public health facility” means a site where clinical public health 16
	4136	+	services are rendered under the auspices of the Department, a local health department in 17
	4137	+	a county, or the Baltimore City Health Department. 18
	4138	+
	4139	+	[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 19
	4140	+
	4141	+	(1) Of short duration of 72 hours or less; or 20
	4142	+
	4143	+	(2) Prior to obtaining a larger quantity of the drug to complete therapy. 21
	4144	+
	4145	+	[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 22
	4146	+	on–site supervision or immediately available direction for physician assistants performing 23
	4147	+	delegated medical acts. 24
	4148	+
	4149	+	(2) “Supervision” includes physician oversight of and acceptance of direct 25
	4150	+	responsibility for the patient services and care rendered by a physician assistant, including 26
	4151	+	continuous availability to the physician assistant in person, through written instructions, 27
	4152	+	or by electronic means and by designation of one or more alternate supervising physicians. 28
	4153	+
	4154	+	14–5H–02. 29
	4155	+
	4156	+	[(a)] A physician assistant may not practice within the scope of practice of any of 30
	4157	+	the following health occupations authorized under this article: 31
4154	4158		88 HOUSE BILL 1252
4155	4159
4156	4160
4157		-	(2) ~~“Supervision” includes physician oversight of and acceptance of direct~~ 1
4158		-	~~responsibility for the patient services and care rendered by a physician assistant, including 2~~
4159		-	~~continuous availability to the physician assistant in person, through written instructions, 3~~
4160		-	~~or by electronic means and by designation of one or more alternate supervising physicians. 4~~
4161		-
4162		-	~~14–5H–02. 5~~
4163		-
4164		-	~~[(a)] A physician assistant may not practice within the scope of practice of any of 6~~
4165		-	the ~~following~~ health ~~occupations authorized under this article: 7~~
4166		-
4167		-	~~(1) Nursing; 8~~
4168		-
4169		-	~~(2) Optometry; 9~~
4170		-
4171		-	~~(3) Physical therapy;~~ or 10
4172		-
4173		-	~~(4) Psychology.~~ 11
4174		-
4175		-	~~[(b)~~ This title ~~does not limit the right of an individual to practice a health 12~~
4176		-	~~occupation that the individual is authorized to practice under this article.] 13~~
4177		-
4178		-	~~14–5H–03. 14~~
4179		-
4180		-	~~(c) Except as otherwise provided~~ under ~~subsections (b) and (d)~~ of this ~~section, a 15~~
4181		-	~~hospital, a related institution,~~ ~~an alternative health care system,~~ or ~~an employer of a 16~~
4182		-	~~physician assistant shall~~ report to the Board ~~any limitation,~~ ~~reduction, or other change of 17~~
4183		-	~~the terms of employment of the physician assistant or any termination of employment of 18~~
4184		-	the ~~physician assistant for any reason that might be grounds for disciplinary action under 19~~
4185		-	~~[§ 15–314] § 14–5H–16 of this [title] SUBTITLE.~~ 20
4186		-
4187		-	(d) ~~A hospital,~~ ~~related institution, alternative health system,~~ or ~~employer~~ that ~~has 21~~
4188		-	~~reason to know that a physician assistant has committed an action~~ or ~~has a condition that 22~~
4189		-	~~might be grounds for reprimand~~ or ~~probation of the physician assistant or suspension or 23~~
4190		-	~~revocation of the license of the physician assistant under [§ 15–314] § 14–5H–16 of this 24~~
4191		-	~~[title] SUBTITLE because~~ the ~~physician assistant~~ is ~~alcohol– or drug–impaired is not~~ 25
4192		-	~~required to report to the Board if:~~ 26
4193		-
4194		-	(1) The hospital, related institution, alternative health system, or 27
4195		-	employer ~~knows~~ that the physician assistant ~~is:~~ 28
4196		-
4197		-	~~(i) In an alcohol or drug treatment program that is accredited by the 29~~
4198		-	~~Joint Commission [on~~ the ~~Accreditation~~ of ~~Healthcare Organizations]~~ ~~or is certified by the~~ 30
4199		-	~~Department; or~~ 31
4200		-
4201		-	(ii) ~~Under~~ the ~~care of a health care practitioner who~~ is ~~competent~~ 32
4202		-	~~and capable of dealing with alcoholism and~~ drug ~~abuse;~~ 33 HOUSE BILL 1252 89
4203		-
4204		-
4205		-
4206		-	~~(2)~~ The hospital, related institution, alternative health system, or 1
4207		-	~~employer is able~~ to ~~verify that the physician assistant remains in~~ the treatment program 2
4208		-	~~until discharge; and 3~~
4209		-
4210		-	~~(3) The action or condition of the physician assistant has not caused injury 4~~
4211		-	to ~~any person while~~ the ~~physician assistant is practicing as a licensed physician assistant.~~ 5
4212		-
4213		-	~~(e) (1) If the physician assistant enters, or is considering entering, an alcohol 6~~
4214		-	~~or drug treatment program that is accredited by~~ the ~~Joint Commission [on~~ ~~Accreditation~~ of 7
4215		-	~~Healthcare Organizations] or that is certified by the Department, the physician assistant~~ 8
4216		-	~~shall notify the hospital, related institution, alternative health system, or employer of the 9~~
4217		-	~~physician assistant’s decision~~ to ~~enter~~ the ~~treatment program.~~ 10
4218		-
4219		-	~~14–5H–06. 11~~
4220		-
4221		-	~~(a) In addition to the powers set forth elsewhere in~~ this title~~, the Committee, on~~ 12
4222		-	~~its initiative~~ or ~~on the Board’s request,~~ ~~may:~~ 13
4223		-
4224		-	(1) ~~Recommend~~ to the Board ~~regulations for carrying out the provisions~~ of 14
4225		-	~~this title;~~ 15
4226		-
4227		-	~~(2) Recommend to the Board approval, modification, or disapproval of an~~ 16
4228		-	~~application for licensure or a delegation agreement; 17~~
4229		-
4230		-	~~(3) Report to the Board any conduct of a supervising physician or a 18~~
4231		-	~~physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 19~~
4232		-	~~or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 20~~
4233		-
4234		-	~~(4) Report to the Board any alleged unauthorized practice of a physician 21~~
4235		-	~~assistant. 22~~
4236		-
4237		-	~~14–5H–07. 23~~
4238		-
4239		-	(c) Patient ~~services that may be provided~~ by ~~a physician assistant include: 24~~
4240		-
4241		-	~~(1) (i) Taking complete, detailed, and accurate patient histories~~; ~~and~~ 25
4242		-
4243		-	(ii) ~~Reviewing patient records to develop comprehensive medical~~ 26
4244		-	~~status reports~~; 27
4245		-
4246		-	(2) ~~Performing physical examinations~~ and ~~recording all pertinent patient~~ 28
4247		-	~~data~~; 29
	4161	+	(1) Nursing; 1
	4162	+
	4163	+	(2) Optometry; 2
	4164	+
	4165	+	(3) Physical therapy; or 3
	4166	+
	4167	+	(4) Psychology. 4
	4168	+
	4169	+	[(b) This title does not limit the right of an individual to practice a health 5
	4170	+	occupation that the individual is authorized to practice under this article.] 6
	4171	+
	4172	+	14–5H–03. 7
	4173	+
	4174	+	(c) Except as otherwise provided under subsections (b) and (d) of this section, a 8
	4175	+	hospital, a related institution, an alternative health care system, or an employer of a 9
	4176	+	physician assistant shall report to the Board any limitation, reduction, or other change of 10
	4177	+	the terms of employment of the physician assistant or any termination of employment of 11
	4178	+	the physician assistant for any reason that might be grounds for disciplinary action under 12
	4179	+	[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 13
	4180	+
	4181	+	(d) A hospital, related institution, alternative health system, or employer that has 14
	4182	+	reason to know that a physician assistant has committed an action or has a condition that 15
	4183	+	might be grounds for reprimand or probation of the physician assistant or suspension or 16
	4184	+	revocation of the license of the physician assistant under [§ 15–314] § 14–5H–16 of this 17
	4185	+	[title] SUBTITLE because the physician assistant is alcohol– or drug–impaired is not 18
	4186	+	required to report to the Board if: 19
	4187	+
	4188	+	(1) The hospital, related institution, alternative health system, or 20
	4189	+	employer knows that the physician assistant is: 21
	4190	+
	4191	+	(i) In an alcohol or drug treatment program that is accredited by the 22
	4192	+	Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 23
	4193	+	Department; or 24
	4194	+
	4195	+	(ii) Under the care of a health care practitioner who is competent 25
	4196	+	and capable of dealing with alcoholism and drug abuse; 26
	4197	+
	4198	+	(2) The hospital, related institution, alternative health system, or 27
	4199	+	employer is able to verify that the physician assistant remains in the treatment program 28
	4200	+	until discharge; and 29
	4201	+
	4202	+	(3) The action or condition of the physician assistant has not caused injury 30
	4203	+	to any person while the physician assistant is practicing as a licensed physician assistant. 31
	4204	+
	4205	+	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 32
	4206	+	or drug treatment program that is accredited by the Joint Commission [on Accreditation of 33 HOUSE BILL 1252 89
	4207	+
	4208	+
	4209	+	Healthcare Organizations] or that is certified by the Department, the physician assistant 1
	4210	+	shall notify the hospital, related institution, alternative health system, or employer of the 2
	4211	+	physician assistant’s decision to enter the treatment program. 3
	4212	+
	4213	+	14–5H–06. 4
	4214	+
	4215	+	(a) In addition to the powers set forth elsewhere in this title, the Committee, on 5
	4216	+	its initiative or on the Board’s request, may: 6
	4217	+
	4218	+	(1) Recommend to the Board regulations for carrying out the provisions of 7
	4219	+	this title; 8
	4220	+
	4221	+	(2) Recommend to the Board approval, modification, or disapproval of an 9
	4222	+	application for licensure or a delegation agreement; 10
	4223	+
	4224	+	(3) Report to the Board any conduct of a supervising physician or a 11
	4225	+	physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 12
	4226	+	or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 13
	4227	+
	4228	+	(4) Report to the Board any alleged unauthorized practice of a physician 14
	4229	+	assistant. 15
	4230	+
	4231	+	14–5H–07. 16
	4232	+
	4233	+	(c) Patient services that may be provided by a physician assistant include: 17
	4234	+
	4235	+	(1) (i) Taking complete, detailed, and accurate patient histories; and 18
	4236	+
	4237	+	(ii) Reviewing patient records to develop comprehensive medical 19
	4238	+	status reports; 20
	4239	+
	4240	+	(2) Performing physical examinations and recording all pertinent patient 21
	4241	+	data; 22
	4242	+
	4243	+	(3) Interpreting and evaluating patient data as authorized by the primary 23
	4244	+	or alternate supervising physician for the purpose of determining management and 24
	4245	+	treatment of patients; 25
	4246	+
	4247	+	(4) Initiating requests for or performing diagnostic procedures as indicated 26
	4248	+	by pertinent data and as authorized by the supervising physician; 27
	4249	+
	4250	+	(5) Providing instructions and guidance regarding medical care matters to 28
	4251	+	patients; 29
4248	4252		90 HOUSE BILL 1252
4249	4253
4250	4254
4251		-	(3) Interpreting and evaluating patient data as authorized by the primary 1
4252		-	or alternate supervising physician for the purpose of determining management and 2
4253		-	treatment of patients; 3
4254		-
4255		-	(4) Initiating requests for or performing diagnostic procedures as indicated 4
4256		-	by pertinent data and as authorized by the supervising physician; 5
4257		-
4258		-	(5) Providing instructions and guidance regarding medical care matters to 6
4259		-	patients; 7
4260		-
4261		-	(6) Assisting the primary or alternate supervising physician in the delivery 8
4262		-	of services to patients who require medical care in the home and in health care institutions, 9
4263		-	including: 10
4264		-
4265		-	(i) Recording patient progress notes; 11
4266		-
4267		-	(ii) Issuing diagnostic orders; and 12
4268		-
4269		-	(iii) Transcribing or executing specific orders at the direction of the 13
4270		-	primary or alternate supervising physician; and 14
4271		-
4272		-	(7) Exercising prescriptive authority under a delegation agreement and in 15
4273		-	accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 16
4274		-
4275		-	14–5H–08. 17
4276		-
4277		-	(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 18
4278		-	authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 19
4279		-	the physician delegating the duties, a primary supervising physician shall obtain the 20
4280		-	Board’s approval of a delegation agreement that includes advanced duties in accordance 21
4281		-	with subsubparagraph 2 of this subparagraph. 22
4282		-
4283		-	(g) If the Board determines that a primary or alternate supervising physician or 23
4284		-	physician assistant is practicing in a manner inconsistent with the requirements of this 24
4285		-	title [or Title 14 of this article], the Board on its own initiative or on the recommendation 25
4286		-	of the Committee may demand modification of the practice, withdraw the approval of the 26
4287		-	delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 27
4288		-	other disciplinary action under [§ 14–404 or §15–314] § 14–5H–16 OF THIS SUBTITLE OR 28
4289		-	§ 14–515 of this [article] TITLE. 29
4290		-
4291		-	(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 30
4292		-	14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 31
4293		-	agreement filed with the Board under this subtitle at any time. 32
4294		-
4295		-	(l) (2) If there is no designated alternate supervising physician or the 33
4296		-	designated alternate supervising physician does not agree to supervise the physician 34 HOUSE BILL 1252 91
4297		-
4298		-
4299		-	assistant, the physician assistant may not practice until the physician assistant receives 1
4300		-	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 2
4301		-
4302		-	(m) A physician assistant whose delegation agreement is terminated may not 3
4303		-	practice as a physician assistant until the physician assistant receives preliminary 4
4304		-	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 5
4305		-
4306		-	14–5H–09. 6
4307		-
4308		-	(a) If a delegation agreement does not include advanced duties or the advanced 7
4309		-	duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 8
4310		-	physician assistant may assume the duties under a delegation agreement on the date that 9
4311		-	the Board acknowledges receipt of the completed delegation agreement. 10
4312		-
4313		-	(b) In this section, “pending” means that a delegation agreement that includes 11
4314		-	delegation of advanced duties in a setting that does not meet the requirements under [§ 12
4315		-	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 13
4316		-	Board for its approval, but: 14
4317		-
4318		-	(1) The Committee has not made a recommendation to the Board; or 15
4319		-
4320		-	(2) The Board has not made a final decision regarding the delegation 16
4321		-	agreement. 17
4322		-
4323		-	14–5H–10. 18
4324		-
4325		-	(e) Before a physician assistant may renew a license for an additional 2–year 19
4326		-	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 20
4327		-	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 21
4328		-	education within the previous 2 years. 22
4329		-
4330		-	14–5H–12. 23
4331		-
4332		-	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 24
4333		-	TITLE, TO qualify for a license, an applicant shall: 25
4334		-
4335		-	[(1) Complete a criminal history records check in accordance with § 26
4336		-	14–308.1 of this article; 27
4337		-
4338		-	(2) Be of good moral character; 28
4339		-
4340		-	(3) Demonstrate oral and written competency in the English language as 29
4341		-	required by the Board; 30
4342		-
4343		-	(4) Be at least 18 years old; and 31
4344		-	92 HOUSE BILL 1252
4345		-
4346		-
4347		-	(5) (i)] (1) Be a graduate of a physician assistant training program 1
4348		-	approved by the Board; or 2
4349		-
4350		-	[(ii)] (2) Have passed the physician assistant national certifying 3
4351		-	examination administered by the National Commission on Certification of Physician 4
4352		-	Assistants prior to 1986, maintained all continuing education and recertification 5
4353		-	requirements, and been in continuous practice since passage of the examination. 6
4354		-
4355		-	14–5H–14. 7
4356		-
4357		-	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 8
4358		-	the primary place of business of the licensee. 9
4359		-
4360		-	[(b) (1) Each licensee shall give the Board written notice of any change of name 10
4361		-	or address within 60 days of the date of the change. 11
4362		-
4363		-	(2) A licensee who fails to comply with this subsection is subject to an 12
4364		-	administrative penalty of $100.] 13
4365		-
4366		-	14–5H–15. 14
4367		-
4368		-	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 15
4369		-	Article, before the Board takes any action to reject or modify a delegation agreement or 16
4370		-	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 17
4371		-	Board. 18
4372		-
4373		-	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 19
4374		-	Subtitle 2 of the State Government Article. 20
4375		-
4376		-	[(3)] (C) The Board may administer oaths in connection with any 21
4377		-	proceeding under this section. 22
4378		-
4379		-	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 23
4380		-	sent to the last known address of the applicant or licensee. 24
4381		-
4382		-	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 25
4383		-	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 26
4384		-	review as allowed by the Administrative Procedure Act.] 27
4385		-
4386		-	14–5H–16. 28
4387		-
4388		-	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 29
4389		-	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 30
4390		-	reprimand any physician assistant, place any physician assistant on probation, or suspend 31
4391		-	or revoke a license if the physician assistant: 32
	4255	+	(6) Assisting the primary or alternate supervising physician in the delivery 1
	4256	+	of services to patients who require medical care in the home and in health care institutions, 2
	4257	+	including: 3
	4258	+
	4259	+	(i) Recording patient progress notes; 4
	4260	+
	4261	+	(ii) Issuing diagnostic orders; and 5
	4262	+
	4263	+	(iii) Transcribing or executing specific orders at the direction of the 6
	4264	+	primary or alternate supervising physician; and 7
	4265	+
	4266	+	(7) Exercising prescriptive authority under a delegation agreement and in 8
	4267	+	accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 9
	4268	+
	4269	+	14–5H–08. 10
	4270	+
	4271	+	(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 11
	4272	+	authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 12
	4273	+	the physician delegating the duties, a primary supervising physician shall obtain the 13
	4274	+	Board’s approval of a delegation agreement that includes advanced duties in accordance 14
	4275	+	with subsubparagraph 2 of this subparagraph. 15
	4276	+
	4277	+	(g) If the Board determines that a primary or alternate supervising physician or 16
	4278	+	physician assistant is practicing in a manner inconsistent with the requirements of this 17
	4279	+	title [or Title 14 of this article], the Board on its own initiative or on the recommendation 18
	4280	+	of the Committee may demand modification of the practice, withdraw the approval of the 19
	4281	+	delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 20
	4282	+	other disciplinary action under [§ 14–404 or §15–314] § 14–5H–16 OF THIS SUBTITLE OR 21
	4283	+	§ 14–515 of this [article] TITLE. 22
	4284	+
	4285	+	(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 23
	4286	+	14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 24
	4287	+	agreement filed with the Board under this subtitle at any time. 25
	4288	+
	4289	+	(l) (2) If there is no designated alternate supervising physician or the 26
	4290	+	designated alternate supervising physician does not agree to supervise the physician 27
	4291	+	assistant, the physician assistant may not practice until the physician assistant receives 28
	4292	+	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 29
	4293	+
	4294	+	(m) A physician assistant whose delegation agreement is terminated may not 30
	4295	+	practice as a physician assistant until the physician assistant receives preliminary 31
	4296	+	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 32
	4297	+
	4298	+	14–5H–09. 33
	4299	+	HOUSE BILL 1252 91
	4300	+
	4301	+
	4302	+	(a) If a delegation agreement does not include advanced duties or the advanced 1
	4303	+	duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 2
	4304	+	physician assistant may assume the duties under a delegation agreement on the date that 3
	4305	+	the Board acknowledges receipt of the completed delegation agreement. 4
	4306	+
	4307	+	(b) In this section, “pending” means that a delegation agreement that includes 5
	4308	+	delegation of advanced duties in a setting that does not meet the requirements under [§ 6
	4309	+	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 7
	4310	+	Board for its approval, but: 8
	4311	+
	4312	+	(1) The Committee has not made a recommendation to the Board; or 9
	4313	+
	4314	+	(2) The Board has not made a final decision regarding the delegation 10
	4315	+	agreement. 11
	4316	+
	4317	+	14–5H–10. 12
	4318	+
	4319	+	(e) Before a physician assistant may renew a license for an additional 2–year 13
	4320	+	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 14
	4321	+	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 15
	4322	+	education within the previous 2 years. 16
	4323	+
	4324	+	14–5H–12. 17
	4325	+
	4326	+	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 18
	4327	+	TITLE, TO qualify for a license, an applicant shall: 19
	4328	+
	4329	+	[(1) Complete a criminal history records check in accordance with § 20
	4330	+	14–308.1 of this article; 21
	4331	+
	4332	+	(2) Be of good moral character; 22
	4333	+
	4334	+	(3) Demonstrate oral and written competency in the English language as 23
	4335	+	required by the Board; 24
	4336	+
	4337	+	(4) Be at least 18 years old; and 25
	4338	+
	4339	+	(5) (i)] (1) Be a graduate of a physician assistant training program 26
	4340	+	approved by the Board; or 27
	4341	+
	4342	+	[(ii)] (2) Have passed the physician assistant national certifying 28
	4343	+	examination administered by the National Commission on Certification of Physician 29
	4344	+	Assistants prior to 1986, maintained all continuing education and r ecertification 30
	4345	+	requirements, and been in continuous practice since passage of the examination. 31
	4346	+
	4347	+	14–5H–14. 32 92 HOUSE BILL 1252
	4348	+
	4349	+
	4350	+
	4351	+	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 1
	4352	+	the primary place of business of the licensee. 2
	4353	+
	4354	+	[(b) (1) Each licensee shall give the Board written notice of any change of name 3
	4355	+	or address within 60 days of the date of the change. 4
	4356	+
	4357	+	(2) A licensee who fails to comply with this subsection is subject to an 5
	4358	+	administrative penalty of $100.] 6
	4359	+
	4360	+	14–5H–15. 7
	4361	+
	4362	+	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 8
	4363	+	Article, before the Board takes any action to reject or modify a delegation agreement or 9
	4364	+	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 10
	4365	+	Board. 11
	4366	+
	4367	+	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 12
	4368	+	Subtitle 2 of the State Government Article. 13
	4369	+
	4370	+	[(3)] (C) The Board may administer oaths in connection with any 14
	4371	+	proceeding under this section. 15
	4372	+
	4373	+	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 16
	4374	+	sent to the last known address of the applicant or licensee. 17
	4375	+
	4376	+	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 18
	4377	+	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 19
	4378	+	review as allowed by the Administrative Procedure Act.] 20
	4379	+
	4380	+	14–5H–16. 21
	4381	+
	4382	+	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 22
	4383	+	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 23
	4384	+	reprimand any physician assistant, place any physician assistant on probation, or suspend 24
	4385	+	or revoke a license if the physician assistant: 25
	4386	+
	4387	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
	4388	+	the applicant or licensee or for another; 27
	4389	+
	4390	+	(2) Fraudulently or deceptively uses a license; 28
	4391	+
	4392	+	(3) Is guilty of: 29
	4393	+
	4394	+	(i) Immoral conduct in the practice of medicine; or 30
4392	4395		HOUSE BILL 1252 93
4393	4396
4394	4397
4395		-	(1) ~~Fraudulently or deceptively obtains or attempts to obtain a license for~~ 1
4396		-	~~the applicant or licensee or for another; 2~~
4397		-
4398		-	~~(2) Fraudulently or deceptively uses a license; 3~~
4399		-
4400		-	~~(3) Is guilty of:~~ 4
4401		-
4402		-	(i) ~~Immoral conduct in the practice of medicine~~; or 5
4403		-
4404		-	(ii) ~~Unprofessional conduct in the practice of medicine~~; 6
4405		-
4406		-	(4) Is ~~professionally, physically~~, or ~~mentally incompetent;~~ 7
4407		-
4408		-	~~(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–19 of this 8~~
4409		-	~~[article] SUBTITLE;~~ 9
4410		-
4411		-	(6) ~~Abandons a patient~~; 10
4412		-
4413		-	(7) ~~Habitually is intoxicated;~~ 11
4414		-
4415		-	~~(8) Is addicted to,~~ or ~~habitually abuses,~~ ~~any narcotic or controlled 12~~
4416		-	~~dangerous substance as defined in § 5–101 of the Criminal Law Article; 13~~
4417		-
4418		-	~~(9) Provides professional services:~~ 14
4419		-
4420		-	(i) ~~While under~~ the ~~influence~~ of ~~alcohol; or 15~~
4421		-
4422		-	~~(ii) While using any narcotic or controlled dangerous substance, as 16~~
4423		-	~~defined in § 5–101 of the Criminal Law Article,~~ or ~~other drug that is in excess of therapeutic 17~~
4424		-	~~amounts~~ or ~~without valid medical indication;~~ 18
4425		-
4426		-	~~(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 19~~
4427		-	~~as to exploit~~ the ~~patient for financial gain;~~ 20
4428		-
4429		-	~~(11) Willfully makes~~ or ~~files a false report or record in the practice of 21~~
4430		-	~~medicine; 22~~
4431		-
4432		-	~~(12) Willfully fails to file or record any medical report~~ as ~~required under law,~~ 23
4433		-	~~willfully impedes or obstructs the filing or recording of the report, or induces another to fail 24~~
4434		-	~~to file~~ or ~~record the report;~~ 25
4435		-
4436		-	~~(13) On proper request, and in accordance with the provisions of Title 4, 26~~
4437		-	~~Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 27~~
4438		-	~~record~~ to ~~the patient,~~ ~~another physician,~~ ~~or hospital; 28~~
4439		-
4440		-	~~(14) Solicits professional patronage through an agent~~ or ~~other person or 29~~
4441		-	~~profits from the acts of a person who is represented as an agent of the physician; 30~~ 94 HOUSE BILL 1252
4442		-
4443		-
4444		-
4445		-	~~(15) Pays or agrees to pay any sum to any person for bringing or referring a 1~~
4446		-	~~patient~~ or ~~accepts or agrees to accept any sum from any person for bringing or referring a~~ 2
4447		-	~~patient; 3~~
4448		-
4449		-	~~(16) Agrees with a clinical or bioanalytical laboratory to make payments to~~ 4
4450		-	~~the laboratory for a test or test series for a patient, unless the licensed physician assistant 5~~
4451		-	~~discloses on the bill to the patient or third–party payor: 6~~
4452		-
4453		-	(i) ~~The name of the laboratory;~~ 7
4454		-
4455		-	~~(ii) The amount paid to the laboratory for the test or test series; and 8~~
4456		-
4457		-	~~(iii) The amount of procurement or processing charge of the licensed 9~~
4458		-	~~physician~~, ~~if any~~, ~~for each specimen taken;~~ 10
4459		-
4460		-	~~(17) Makes a willful misrepresentation in treatment; 11~~
4461		-
4462		-	~~(18) Practices medicine with an unauthorized person~~ or ~~aids an~~ 12
4463		-	~~unauthorized person in~~ the ~~practice of medicine;~~ 13
4464		-
4465		-	~~(19) Grossly overutilizes health care services; 14~~
4466		-
4467		-	~~(20) Offers~~, ~~undertakes~~, or ~~agrees to cure or treat disease by a secret 15~~
4468		-	~~method, treatment,~~ ~~or medicine~~; 16
4469		-
4470		-	(21) ~~Is disciplined by a licensing or disciplinary authority or convicted or 17~~
4471		-	~~disciplined by a court of any state or country or disciplined by any branch of the United 18~~
4472		-	~~States uniformed services or the Veterans’ Administration for an act that would be grounds 19~~
4473		-	~~for~~ disciplinary action ~~under this section;~~ 20
4474		-
4475		-	~~(22) Fails to meet appropriate standards for~~ the ~~delivery of quality medical 21~~
4476		-	~~and surgical care performed in an outpatient surgical facility, office, hospital, or any other 22~~
4477		-	~~location in this~~ State; 23
4478		-
4479		-	~~(23) Willfully submits false statements to collect fees for which services are 24~~
4480		-	~~not provided;~~ 25
4481		-
4482		-	~~(24) Was subject to investigation or disciplinary action by a licensing or 26~~
4483		-	~~disciplinary authority or by a court~~ of ~~any state or country for an act that would be grounds~~ 27
4484		-	~~for disciplinary action under this section and~~ the ~~licensee:~~ 28
4485		-
4486		-	(i) ~~Surrendered the license issued by the state or country~~ to ~~the~~ 29
4487		-	~~state or country~~; or 30
4488		-
4489		-	(ii) ~~Allowed the license issued by the state~~ or ~~country to expire~~ or 31
4490		-	~~lapse~~; 32 HOUSE BILL 1252 95
4491		-
4492		-
4493		-
4494		-	(25) ~~Knowingly~~ fails to ~~report suspected child abuse in violation~~ of § 5–~~704~~ 1
4495		-	~~of the Family Law Article; 2~~
4496		-
4497		-	~~(26) Fails~~ to ~~educate a patient being treated~~ for ~~breast cancer of alternative~~ 3
4498		-	~~methods of treatment as required by § 20–113 of~~ the ~~Health – General Article~~; 4
4499		-
4500		-	(27) ~~Sells, prescribes,~~ ~~gives away,~~ ~~or administers drugs for illegal or~~ 5
4501		-	~~illegitimate medical purposes;~~ 6
4502		-
4503		-	(28) ~~Fails to comply~~ with ~~the provisions~~ of ~~§ 12–102 of this article;~~ 7
4504		-
4505		-	~~(29) Refuses, withholds from, denies, or discriminates against an individual 8~~
4506		-	~~with regard to~~ the ~~provision~~ of ~~professional services for which the physician assistant is~~ 9
4507		-	~~licensed and qualified to render because the individual is HIV positive;~~ 10
4508		-
4509		-	(30) ~~Except as to an association that has remained in continuous existence~~ 11
4510		-	~~since July 1, 1963:~~ 12
4511		-
4512		-	(i) ~~Associates with a pharmacist as a partner or co–owner of a~~ 13
4513		-	~~pharmacy~~ for ~~the purpose of operating a pharmacy;~~ 14
4514		-
4515		-	~~(ii) Employs a pharmacist for the purpose of operating a pharmacy; 15~~
4516		-	or 16
4517		-
4518		-	~~(iii) Contracts with a pharmacist for the purpose of operating a 17~~
4519		-	~~pharmacy;~~ 18
4520		-
4521		-	~~(31) Except in an emergency life–threatening situation where it is not 19~~
4522		-	~~feasible or practicable,~~ ~~fails to comply with~~ the ~~Centers for Disease Control and~~ 20
4523		-	~~Prevention’s guidelines on universal precautions~~; 21
4524		-
4525		-	(32) ~~Fails to display~~ the ~~notice required under [§ 14–415] § 14–519 of this~~ 22
4526		-	~~[article] TITLE~~; 23
4527		-
4528		-	(33) ~~Fails to cooperate with~~ a ~~lawful investigation conducted by the Board~~ 24
4529		-	or ~~a disciplinary panel~~; 25
4530		-
4531		-	(34) ~~Is convicted of insurance fraud as defined in § 27–801 of the Insurance~~ 26
4532		-	~~Article;~~ 27
4533		-
4534		-	~~(35) Is in breach~~ of ~~a service obligation resulting from the applicant’s or 28~~
4535		-	~~licensee’s receipt of State or federal funding for the physician assistant’s medical education; 29~~
4536		-
4537		-	~~(36) Willfully makes~~ a ~~false representation when seeking or making 30~~
4538		-	~~application for licensure~~ or ~~any other application related to the practice of medicine~~; 31
	4398	+	(ii) Unprofessional conduct in the practice of medicine; 1
	4399	+
	4400	+	(4) Is professionally, physically, or mentally incompetent; 2
	4401	+
	4402	+	(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–19 of this 3
	4403	+	[article] SUBTITLE; 4
	4404	+
	4405	+	(6) Abandons a patient; 5
	4406	+
	4407	+	(7) Habitually is intoxicated; 6
	4408	+
	4409	+	(8) Is addicted to, or habitually abuses, any narcotic or controlled 7
	4410	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 8
	4411	+
	4412	+	(9) Provides professional services: 9
	4413	+
	4414	+	(i) While under the influence of alcohol; or 10
	4415	+
	4416	+	(ii) While using any narcotic or controlled dangerous substance, as 11
	4417	+	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 12
	4418	+	amounts or without valid medical indication; 13
	4419	+
	4420	+	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 14
	4421	+	as to exploit the patient for financial gain; 15
	4422	+
	4423	+	(11) Willfully makes or files a false report or record in the practice of 16
	4424	+	medicine; 17
	4425	+
	4426	+	(12) Willfully fails to file or record any medical report as required under law, 18
	4427	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 19
	4428	+	to file or record the report; 20
	4429	+
	4430	+	(13) On proper request, and in accordance with the provisions of Title 4, 21
	4431	+	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 22
	4432	+	record to the patient, another physician, or hospital; 23
	4433	+
	4434	+	(14) Solicits professional patronage through an agent or other person or 24
	4435	+	profits from the acts of a person who is represented as an agent of the physician; 25
	4436	+
	4437	+	(15) Pays or agrees to pay any sum to any person for bringing or referring a 26
	4438	+	patient or accepts or agrees to accept any sum from any person for bringing or referring a 27
	4439	+	patient; 28
	4440	+
	4441	+	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 29
	4442	+	the laboratory for a test or test series for a patient, unless the licensed physician assistant 30
	4443	+	discloses on the bill to the patient or third–party payor: 31
	4444	+	94 HOUSE BILL 1252
	4445	+
	4446	+
	4447	+	(i) The name of the laboratory; 1
	4448	+
	4449	+	(ii) The amount paid to the laboratory for the test or test series; and 2
	4450	+
	4451	+	(iii) The amount of procurement or processing charge of the licensed 3
	4452	+	physician, if any, for each specimen taken; 4
	4453	+
	4454	+	(17) Makes a willful misrepresentation in treatment; 5
	4455	+
	4456	+	(18) Practices medicine with an unauthorized person or aids an 6
	4457	+	unauthorized person in the practice of medicine; 7
	4458	+
	4459	+	(19) Grossly overutilizes health care services; 8
	4460	+
	4461	+	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 9
	4462	+	method, treatment, or medicine; 10
	4463	+
	4464	+	(21) Is disciplined by a licensing or disciplinary authority or convicted or 11
	4465	+	disciplined by a court of any state or country or disciplined by any branch of the United 12
	4466	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 13
	4467	+	for disciplinary action under this section; 14
	4468	+
	4469	+	(22) Fails to meet appropriate standards for the delivery of quality medical 15
	4470	+	and surgical care performed in an outpatient surgical facility, office, hospital, or any other 16
	4471	+	location in this State; 17
	4472	+
	4473	+	(23) Willfully submits false statements to collect fees for which services are 18
	4474	+	not provided; 19
	4475	+
	4476	+	(24) Was subject to investigation or disciplinary action by a licensing or 20
	4477	+	disciplinary authority or by a court of any state or country for an act that would be grounds 21
	4478	+	for disciplinary action under this section and the licensee: 22
	4479	+
	4480	+	(i) Surrendered the license issued by the state or country to the 23
	4481	+	state or country; or 24
	4482	+
	4483	+	(ii) Allowed the license issued by the state or country to expire or 25
	4484	+	lapse; 26
	4485	+
	4486	+	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 27
	4487	+	of the Family Law Article; 28
	4488	+
	4489	+	(26) Fails to educate a patient being treated for breast cancer of alternative 29
	4490	+	methods of treatment as required by § 20–113 of the Health – General Article; 30
	4491	+
	4492	+	(27) Sells, prescribes, gives away, or administers drugs for illegal or 31
	4493	+	illegitimate medical purposes; 32 HOUSE BILL 1252 95
	4494	+
	4495	+
	4496	+
	4497	+	(28) Fails to comply with the provisions of § 12–102 of this article; 1
	4498	+
	4499	+	(29) Refuses, withholds from, denies, or discriminates against an individual 2
	4500	+	with regard to the provision of professional services for which the physician assistant is 3
	4501	+	licensed and qualified to render because the individual is HIV positive; 4
	4502	+
	4503	+	(30) Except as to an association that has remained in continuous existence 5
	4504	+	since July 1, 1963: 6
	4505	+
	4506	+	(i) Associates with a pharmacist as a partner or co–owner of a 7
	4507	+	pharmacy for the purpose of operating a pharmacy; 8
	4508	+
	4509	+	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 9
	4510	+	or 10
	4511	+
	4512	+	(iii) Contracts with a pharmacist for the purpose of operating a 11
	4513	+	pharmacy; 12
	4514	+
	4515	+	(31) Except in an emergency life–threatening situation where it is not 13
	4516	+	feasible or practicable, fails to comply with the Centers for Disease Control and 14
	4517	+	Prevention’s guidelines on universal precautions; 15
	4518	+
	4519	+	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 16
	4520	+	[article] TITLE; 17
	4521	+
	4522	+	(33) Fails to cooperate with a lawful investigation conducted by the Board 18
	4523	+	or a disciplinary panel; 19
	4524	+
	4525	+	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 20
	4526	+	Article; 21
	4527	+
	4528	+	(35) Is in breach of a service obligation resulting from the applicant’s or 22
	4529	+	licensee’s receipt of State or federal funding for the physician assistant’s medical education; 23
	4530	+
	4531	+	(36) Willfully makes a false representation when seeking or making 24
	4532	+	application for licensure or any other application related to the practice of medicine; 25
	4533	+
	4534	+	(37) By corrupt means, threats, or force, intimidates or influences, or 26
	4535	+	attempts to intimidate or influence, for the purpose of causing any person to withhold or 27
	4536	+	change testimony in hearings or proceedings before the Board or a disciplinary panel or 28
	4537	+	those otherwise delegated to the Office of Administrative Hearings; 29
	4538	+
	4539	+	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 30
	4540	+	delays any person from making information available to the Board or a disciplinary panel 31
	4541	+	in furtherance of any investigation of the Board or a disciplinary panel; 32
4539	4542		96 HOUSE BILL 1252
4540	4543
4541	4544
4542		-	(37) ~~By corrupt means,~~ ~~threats, or force,~~ ~~intimidates or influences,~~ or 1
4543		-	~~attempts to intimidate~~ or ~~influence, for~~ the ~~purpose of causing any person to withhold~~ or 2
4544		-	~~change testimony in hearings or proceedings before the Board or a disciplinary~~ panel or 3
4545		-	~~those otherwise delegated to the Office of Administrative Hearings; 4~~
4546		-
4547		-	~~(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 5~~
4548		-	~~delays any person from making information available to~~ the ~~Board or a disciplinary panel 6~~
4549		-	~~in furtherance of any investigation of~~ the Board or ~~a disciplinary panel;~~ 7
4550		-
4551		-	~~(39) Intentionally misrepresents credentials for the purpose of testifying or 8~~
4552		-	~~rendering an expert opinion in hearings or proceedings before~~ the ~~Board or~~ a ~~disciplinary 9~~
4553		-	~~panel or those otherwise delegated to the Office of Administrative Hearings; 10~~
4554		-
4555		-	~~(40) Fails to keep adequate medical records~~; 11
4556		-
4557		-	(41) ~~Performs delegated medical acts beyond~~ the ~~scope~~ of the ~~delegation 12~~
4558		-	~~agreement filed with~~ the ~~Board or after notification from the Board that an advanced duty 13~~
4559		-	~~has been disapproved; 14~~
4560		-
4561		-	~~(42) Performs delegated medical acts without~~ the ~~supervision of a physician~~; 15
4562		-
4563		-	(43) Fails to ~~complete a criminal history records check under [§~~ ~~14–308.1] § 16~~
4564		-	~~14–302 of this [article] TITLE;~~ 17
4565		-
4566		-	(44) ~~Fails to comply with the requirements~~ of ~~the Prescription Drug 18~~
4567		-	~~Monitoring Program in Title 21, Subtitle 2A of~~ the ~~Health – General Article;~~ 19
4568		-
4569		-	~~(45) Fails to comply with~~ the ~~requirements of the Prescription Drug~~ 20
4570		-	~~Monitoring Program under Title 21~~, ~~Subtitle 2A of~~ the ~~Health – General Article;~~ or 21
4571		-
4572		-	~~(46) Fails to comply with any State~~ or ~~federal law pertaining to~~ the ~~practice 22~~
4573		-	~~as a physician assistant~~. 23
4574		-
4575		-	(C) ~~IF, AFTER A HEARING UNDE R § 14–405 OF~~ THIS ~~TITLE, A DISCIPLINARY 24~~
4576		-	~~PANEL FINDS THAT~~ THE ~~RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBSECTION (A) 25~~
4577		-	~~OF THIS SECTION TO SUSPEND OR REVOKE A LICENSE OF A PHYSI CIAN ASSISTANT, 26~~
4578		-	~~REPRIMAND~~ A ~~LICENSED PHYSICIAN ASSISTAN T, OR PLACE THE LICENSE D~~ 27
4579		-	~~PHYSICIAN ASSISTANT ON PROBATION , THE~~ DISCIPLINARY ~~PAN EL MAY IMPOSE~~ A 28
4580		-	~~FINE SUBJECT TO~~ THE ~~BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR~~ 29
4581		-	~~REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 30~~
4582		-	~~LICENSEE ON PROBATIO N~~. 31
4583		-
4584		-	(D) ~~THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 32~~
4585		-	~~INTO THE GENERAL FUND~~ OF ~~THE STATE.~~ 33
	4545	+	(39) Intentionally misrepresents credentials for the purpose of testifying or 1
	4546	+	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 2
	4547	+	panel or those otherwise delegated to the Office of Administrative Hearings; 3
	4548	+
	4549	+	(40) Fails to keep adequate medical records; 4
	4550	+
	4551	+	(41) Performs delegated medical acts beyond the scope of the delegation 5
	4552	+	agreement filed with the Board or after notification from the Board that an advanced duty 6
	4553	+	has been disapproved; 7
	4554	+
	4555	+	(42) Performs delegated medical acts without the supervision of a physician; 8
	4556	+
	4557	+	(43) Fails to complete a criminal history records check under [§ 14–308.1] § 9
	4558	+	14–302 of this [article] TITLE; 10
	4559	+
	4560	+	(44) Fails to comply with the requirements of the Prescription Drug 11
	4561	+	Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 12
	4562	+
	4563	+	(45) Fails to comply with the requirements of the Prescription Drug 13
	4564	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 14
	4565	+
	4566	+	(46) Fails to comply with any State or federal law pertaining to the practice 15
	4567	+	as a physician assistant. 16
	4568	+
	4569	+	(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 17
	4570	+	PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBSECTION (A) 18
	4571	+	OF THIS SECTION TO SUSPEND OR REVOKE A LICENSE OF A PHYSI CIAN ASSISTANT, 19
	4572	+	REPRIMAND A LICENSE D PHYSICIAN ASSISTAN T, OR PLACE THE LICENSE D 20
	4573	+	PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 21
	4574	+	FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 22
	4575	+	REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 23
	4576	+	LICENSEE ON PROBATION . 24
	4577	+
	4578	+	(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 25
	4579	+	INTO THE GENERAL FUND OF THE STATE. 26
	4580	+
	4581	+	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 27
	4582	+	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 28
	4583	+	TERMS AND CONDITIONS DETER MINED BY THE DISCIPL INARY PANEL. 29
	4584	+
	4585	+	14–5H–21. 30
	4586	+
	4587	+	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 31
	4588	+	of this subtitle: 32
4586	4589		HOUSE BILL 1252 97
4587	4590
4588	4591
4589		-	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 1
4590		-	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 2
4591		-	TERMS AND CONDITIONS DETERMINED BY THE DISCIP LINARY PANEL. 3
4592		-
4593		-	14–5H–21. 4
4594		-
4595		-	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 5
4596		-	of this subtitle: 6
4597		-
4598		-	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 7
4599		-	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 8
4600		-
4601		-	(2) Shall lose licensure as a physician assistant under this title. 9
4602		-
4603		-	(b) (1) In addition to the penalties under subsection (a) of this section, a person 10
4604		-	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 11
4605		-	assessed by a disciplinary panel in an amount not exceeding $5,000. 12
4606		-
4607		-	(2) In addition to the penalties under paragraph (1) of this subsection, a 13
4608		-	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 14
4609		-	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 15
4610		-
4611		-	(3) The Board shall pay any civil penalty collected under this subsection 16
4612		-	into the Board of Physicians Fund. 17
4613		-
4614		-	14–5H–22. 18
4615		-
4616		-	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 19
4617		-
4618		-	14–5H–23. 20
4619		-
4620		-	Subject to the evaluation and reestablishment provisions of the Maryland Program 21
4621		-	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 22
4622		-	SUBTITLE shall terminate and be of no effect after July 1, 2030. 23
4623		-
4624		-	Article – Transportation 24
4625		-
4626		-	13–616. 25
4627		-
4628		-	(a) (1) In this subtitle the following words have the meanings indicated. 26
4629		-
4630		-	(7) “Licensed physician assistant” means an individual who is licensed 27
4631		-	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 28
4632		-	with physician supervision. 29
4633		-	98 HOUSE BILL 1252
4634		-
4635		-
4636		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
4637		-	as follows: 2
4638		-
4639		-	Article – Health Occupations 3
4640		-
4641		-	14–3A–01. 4
4642		-
4643		-	The Interstate Medical Licensure Compact is enacted into law and entered into with 5
4644		-	all other states legally joining in it in the form substantially as it appears in this section as 6
4645		-	follows: 7
4646		-
4647		-	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 8
4648		-
4649		-	(b) (3) (i) The member board within the state selected as the state of 9
4650		-	principal license shall, in the course of verifying eligibility, require the applicant to obtain 10
4651		-	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 11
4652		-	including the use of the results of fingerprint or other biometric data checks compliant with 12
4653		-	the requirements of the Federal Bureau of Investigation, with the exception of federal 13
4654		-	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 14
4655		-
4656		-	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
4657		-	as follows: 16
4658		-
4659		-	Article – Tax – General 17
4660		-
4661		-	10–752. 18
4662		-
4663		-	(a) (1) In this section the following words have the meanings indicated. 19
4664		-
4665		-	(3) “Health care practitioner” means an individual who: 20
4666		-
4667		-	(i) is licensed to practice medicine under Title 14 of the Health 21
4668		-	Occupations Article; 22
4669		-
4670		-	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 23
4671		-	the Health Occupations Article; or 24
4672		-
4673		-	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 25
4674		-	Health Occupations Article. 26
4675		-
4676		-	(d) (7) The Fund consists of: 27
4677		-
4678		-	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 28
4679		-	the Health Occupations Article; 29
4680		-
4681		-	(ii) money appropriated in the State budget to the Fund; and 30
	4592	+	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 1
	4593	+	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 2
	4594	+
	4595	+	(2) Shall lose licensure as a physician assistant under this title. 3
	4596	+
	4597	+	(b) (1) In addition to the penalties under subsection (a) of this section, a person 4
	4598	+	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 5
	4599	+	assessed by a disciplinary panel in an amount not exceeding $5,000. 6
	4600	+
	4601	+	(2) In addition to the penalties under paragraph (1) of this subsection, a 7
	4602	+	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 8
	4603	+	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 9
	4604	+
	4605	+	(3) The Board shall pay any civil penalty collected under this subsection 10
	4606	+	into the Board of Physicians Fund. 11
	4607	+
	4608	+	14–5H–22. 12
	4609	+
	4610	+	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 13
	4611	+
	4612	+	14–5H–23. 14
	4613	+
	4614	+	Subject to the evaluation and reestablishment provisions of the Maryland Program 15
	4615	+	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 16
	4616	+	SUBTITLE shall terminate and be of no effect after July 1, 2030. 17
	4617	+
	4618	+	Article – Transportation 18
	4619	+
	4620	+	13–616. 19
	4621	+
	4622	+	(a) (1) In this subtitle the following words have the meanings indicated. 20
	4623	+
	4624	+	(7) “Licensed physician assistant” means an individual who is licensed 21
	4625	+	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 22
	4626	+	with physician supervision. 23
	4627	+
	4628	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
	4629	+	as follows: 25
	4630	+
	4631	+	Article – Health Occupations 26
	4632	+
	4633	+	14–3A–01. 27
	4634	+
	4635	+	The Interstate Medical Licensure Compact is enacted into law and entered into with 28
	4636	+	all other states legally joining in it in the form substantially as it appears in this section as 29
	4637	+	follows: 30 98 HOUSE BILL 1252
	4638	+
	4639	+
	4640	+
	4641	+	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 1
	4642	+
	4643	+	(b) (3) (i) The member board within the state selected as the state of 2
	4644	+	principal license shall, in the course of verifying eligibility, require the applicant to obtain 3
	4645	+	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 4
	4646	+	including the use of the results of fingerprint or other biometric data checks compliant with 5
	4647	+	the requirements of the Federal Bureau of Investigation, with the exception of federal 6
	4648	+	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 7
	4649	+
	4650	+	SECTION 5. AND BE IT FURTHER ENACTED, Tha t the Laws of Maryland read 8
	4651	+	as follows: 9
	4652	+
	4653	+	Article – Tax – General 10
	4654	+
	4655	+	10–752. 11
	4656	+
	4657	+	(a) (1) In this section the following words have the meanings indicated. 12
	4658	+
	4659	+	(3) “Health care practitioner” means an individual who: 13
	4660	+
	4661	+	(i) is licensed to practice medicine under Title 14 of the Health 14
	4662	+	Occupations Article; 15
	4663	+
	4664	+	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 16
	4665	+	the Health Occupations Article; or 17
	4666	+
	4667	+	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 18
	4668	+	Health Occupations Article. 19
	4669	+
	4670	+	(d) (7) The Fund consists of: 20
	4671	+
	4672	+	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 21
	4673	+	the Health Occupations Article; 22
	4674	+
	4675	+	(ii) money appropriated in the State budget to the Fund; and 23
	4676	+
	4677	+	(iii) any other money from any other source accepted for the benefit 24
	4678	+	of the Fund. 25
	4679	+
	4680	+	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 26
	4681	+	Annotated Code of Maryland, in consultation with and subject to the approval of the 27
	4682	+	Department of Legislative Services, shall correct, with no further action required by the 28
	4683	+	General Assembly, cross–references and terminology rendered incorrect by this Act. The 29
	4684	+	publisher shall adequately describe any correction that is made in an editor’s note following 30
	4685	+	the section affected. 31
4682	4686		HOUSE BILL 1252 99
4683	4687
4684	4688
4685		-	(iii) any other money from any other source accepted for the benefit 1
4686		-	of the Fund. 2
4687		-
4688		-	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 3
4689		-	Annotated Code of Maryland, in consultation with and subject to the approval of the 4
4690		-	Department of Legislative Services, shall correct, with no further action required by the 5
4691		-	General Assembly, cross–references and terminology rendered incorrect by this Act. The 6
4692		-	publisher shall adequately describe any correction that is made in an editor’s note following 7
4693		-	the section affected. 8
4694		-
4695		-	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
4696		-	October 1, 2022. Section 4 of this Act shall remain effective until the taking effect of the 10
4697		-	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 11
4698		-	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 12
4699		-	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 13
4700		-	until the taking effect of the termination provision specified in Section 6 of Chapters 153 14
4701		-	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 15
4702		-	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 16
4703		-	may not be interpreted to have any effect on those termination provisions. 17
4704		-
4705		-
4706		-
4707		-	Approved:
4708		-	________________________________________________________________________________
4709		-	Governor.
4710		-	________________________________________________________________________________
4711		-	Speaker of the House of Delegates.
4712		-	________________________________________________________________________________
4713		-	President of the Senate.
	4689	+	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	4690	+	October 1, 2022. Section 4 of this Act shall remain effective until the taking effect of the 2
	4691	+	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 3
	4692	+	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 4
	4693	+	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 5
	4694	+	until the taking effect of the termination provision specified in Section 6 of Chapters 153 6
	4695	+	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 7
	4696	+	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 8
	4697	+	may not be interpreted to have any effect on those termination provisions. 9