Maryland 2022 Regular Session

Maryland Senate Bill SB230 Latest Draft

Bill / Engrossed Version Filed 03/02/2022

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0230*  
  
SENATE BILL 230 
J2   	2lr1601 
    	CF HB 112 
By: Senator Jackson Senators Jackson, Hester, and Carozza 
Introduced and read first time: January 13, 2022 
Assigned to: Education, Health, and Environmental Affairs 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 22, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Health Occupations – Service Members, Veterans, and Military Spouses – 2 
Temporary Licensure, Certification, Registration, and Permitting 3 
 
FOR the purpose of requiring health occupations boards to issue a an expedited temporary 4 
license, certificate, registration, or permit to a service member, veteran, or military 5 
spouse who meets certain requirements; prohibiting a health occupations board from 6 
issuing a certain temporary license, certificate, registration, or permit if the issuance 7 
would pose a risk to public health, welfare, or safety requiring each health 8 
occupations board to include a check–off box prominently on a license, certification, 9 
or registration application form; requiring the Maryland Department of Health to 10 
publish prominently certain information on its website; and generally relating to 11 
temporary health occupational licensure, certification, registration, and permitting 12 
requirements for service members, veterans, and military spouses.  13 
 
BY repealing and reenacting, with amendments, 14 
 Article – Health Occupations 15 
Section 1–701, 1–704, and 1–705 16 
 Annotated Code of Maryland 17 
 (2021 Replacement Volume) 18 
 
BY adding to 19 
 Article – Health Occupations 20 
Section 1–702.1 and 1–702.2 21 
 Annotated Code of Maryland 22 
 (2021 Replacement Volume) 23  2 	SENATE BILL 230  
 
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – Health Occupations 3 
 
1–701.  4 
 
 (a) In this subtitle the following words have the meanings indicated. 5 
 
 (b) “Health occupations board” means a board authorized to issue a license, 6 
certificate, or registration under this article. 7 
 
 (c) (1) “Military spouse” means the spouse of a service member or veteran. 8 
 
 (2) “Military spouse” includes a surviving spouse of: 9 
 
 (i) A veteran; or 10 
 
 (ii) A service member who died within 1 year 3 YEARS before the 11 
date on which: 12 
 
 1. FOR THE PURPOSES OF §§ 1–702 AND 1–703 13 
THROUGH 1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or 14 
registration is submitted; OR 15 
 
 2. FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 §  16 
1–702.1 OF THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICE NSE, 17 
CERTIFICATE, REGISTRATION , OR PERMIT IS SUBMITT ED. 18 
 
 (d) “Service member” means an individual who is an active duty member of: 19 
 
 (1) The armed forces of the United States UNIFORMED SERVICES , AS 20 
DEFINED BY 10 U.S.C. § 101; 21 
 
 (2) A reserve component of the armed forces of the United States; or 22 
 
 (3) The National Guard of any state. 23 
 
 (e) (1) “Veteran” means a former service member who was discharged from 24 
active duty under circumstances other than dishonorable within 1 year before the date on 25 
which:  26 
 
 (I) FOR THE PURPOSES OF §§ 1–702 AND 1–703 THROUGH  27 
1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 28 
is submitted; OR 29   	SENATE BILL 230 	3 
 
 
 
 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 § 1–702.1 1 
OF THIS SUBTITLE, THE APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 2 
REGISTRATION , OR PERMIT IS SUBMITT ED. 3 
 
 (2) “Veteran” does not include an individual who has completed active duty 4 
and has been discharged for more than 1 year before: 5 
 
 (I) FOR THE PURPOSE S OF §§ 1–702 AND 1–703 THROUGH  6 
1–705 OF THIS SUBTITLE , the application for a FULL license, certificate, or registration 7 
is submitted; OR 8 
 
 (II) FOR THE PURPOSES OF §§ 1–702.1 AND 1–702.2 § 1–702.1 9 
OF THIS SUBTITLE , THE APPLICATION FOR A TEMPORARY LICEN SE, CERTIFICATE, 10 
REGISTRATION , OR PERMIT IS SUBMITT ED. 11 
 
1–702.1. 12 
 
 (A) (1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH 13 
HEALTH OCCUPATIONS B OARD SHALL ISSUE AN EXPEDITED TEMPORARY LICENSE, 14 
CERTIFICATE, REGISTRATION , OR PERMIT TO A SERVI CE MEMBER, VETERAN, OR 15 
MILITARY SPOUSE WHO MEETS THE REQUIREMEN TS OF THIS SUBSECTIO N.  16 
 
 (2) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR 17 
PERMIT ISSUED UNDER THIS SUBSECTION IS V ALID UNTIL THE EARLI ER OF:  18 
 
 (I) 6 MONTHS AFTER THE DAT E OF ISSUANCE; OR 19 
 
 (II) THE DATE ON WHICH A L	ICENSE, CERTIFICATE, 20 
REGISTRATION , OR PERMIT IS GRANTED OR A NOTICE TO DENY A LICENSE, 21 
CERTIFICATE, REGISTRATION , OR PERMIT IS ISSUED BY THE HEALTH OCCUPA TIONS 22 
BOARD.  23 
 
 (3) AN APPLICATION FOR A TEMPORARY LICENSE , CERTIFICATE, 24 
REGISTRATION , OR PERMIT TO PRACTIC E A HEALTH OCCUPATIO N UNDER THIS 25 
SUBSECTION SHALL INC LUDE THE FOLLOWING , IN THE FORM AND MANN ER 26 
REQUIRED BY THE HEAL TH OCCUPATIONS BOARD :  27 
 
 (I) PROOF THAT THE APPLIC ANT IS A SERVICE MEM BER, 28 
VETERAN, OR MILITARY SPOUSE , INCLUDING: 29 
 
 1. FOR A SERVICE MEMBER OR VETERAN, A DD FORM 30 
214, PERMANENT CHANGE OF STATION ORDERS , OR A COMMON ACCESS C ARD 31 
ISSUED BY THE U.S. DEPARTMENT OF DEFENSE; OR 32  4 	SENATE BILL 230  
 
 
 
 2. FOR A MILITARY SPOUSE , A MARRIAGE CERTIFICA TE 1 
AND ONE OF THE FORMS OF IDENTIFICATION LI STED IN ITEM 1 OF THIS ITEM;  2 
 
 (II) PROOF THAT: 3 
 
 1. THE APPLICANT HAS HEL D A VALID LICENSE , 4 
CERTIFICATE, REGISTRATION , OR PERMIT IN GOOD ST ANDING ISSUED IN ANO THER 5 
STATE FOR AT LEAST 1 YEAR; AND 6 
 
 2. EACH VALID LICENSE , CERTIFICATE, REGISTRATION , 7 
OR PERMIT HELD BY TH E APPLICANT ISSUED I N ANOTHER STATE IS I N GOOD 8 
STANDING; AND 9 
 
 3. EACH VALID LICENSE , CERTIFICATE, REGISTRATION , 10 
OR PERMIT HELD BY TH E APPLICANT REQUIRED SUBSTANTIAL LY SIMILAR 11 
QUALIFICATIONS AS TH E LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT FOR 12 
WHICH THE APPLICANT HAS APPLIED , AS DETERMINED BY THE HEALTH 13 
OCCUPATIONS BOARD ; 14 
 
 (III) IF THE APPLICANT IS A SERVICE MEMBER OR VE TERAN, 15 
PROOF THAT THE APPLICANT IS ASSIGNE D TO A DUTY STATION IN THE STATE OR 16 
HAS ESTABLISHED LEGA L RESIDENCE IN THE STATE; 17 
 
 (IV) IF THE APPLICANT IS A MILITARY SPOUSE , PROOF THAT: 18 
 
 1. THE APPLICANT ’S SPOUSE IS ASSIGNED TO A DUTY 19 
STATION IN THE STATE OR HAS ESTABLIS HED LEGAL RESIDENCE IN T HE STATE; OR 20 
 
 2. IF THE APPLICANT IS A SURVIVING SPOUSE 21 
DESCRIBED UNDER § 1–701(C)(2) OF THIS SUBTITLE , THE APPLICANT HAS 22 
ESTABLISHED LEGAL RE SIDENCE IN THE STATE; 23 
 
 (V) 1. PROOF OF APPLICATION FOR A NATIONAL CRIMI NAL 24 
HISTORY RECO RDS CHECK; OR 25 
 
 2. THE RESULTS OF A NATI ONAL CRIMINAL HISTOR Y 26 
RECORDS CHECK COMPLE TED WITHIN 1 YEAR BEFORE THE DATE OF APPLICATION 27 
PROOF THAT THE APPLIC ANT HAS COMPLETED A NATIONAL CRIMINAL HI STORY 28 
RECORDS CHECK IN ACC ORDANCE WITH REGULAT IONS ADOPTED BY THE HEALTH 29 
OCCUPATIONS BOARD ; 30 
   	SENATE BILL 230 	5 
 
 
 (VI) PROOF THAT THE APPLIC ANT HAS SUBMITTED AN 1 
APPLICATION FOR FULL LICENSURE, CERTIFICATION , REGISTRATION , OR 2 
PERMITTING; AND  3 
 
 (VII) PAYMENT OF ANY APPLIC ATION FEE REQUIRED B Y THE 4 
HEALTH OCCUPATIONS B OARD.  5 
 
 (B) (1) A HEALTH OCCUPATIONS B OARD MAY APPLY TO TH E SECRETARY 6 
FOR APPROVAL OF AN A LTERNATIVE PROCESS F OR LICENSURE , CERTIFICATION , 7 
REGISTRATION , OR PERMITTING THAT D OES NOT MEET THE REQ UIREMENTS OF 8 
SUBSECTION (A) OF THIS SECTION BUT THAT ALLOWS SERVICE MEMBERS, 9 
VETERANS, AND MILITARY SPOUSES TO OBTAIN A LICENSE , CERTIFICATE, 10 
REGISTRATION , OR PERMIT UNDER THIS ARTICLE IN AN EXPEDI TED MANNER THAT 11 
MEETS THE GOALS OF S UBSECTION (A) OF THIS SECTION.  12 
 
 (2) IF THE SECRETARY APPROVES AN ALTERNATIVE PROCESS FOR 13 
LICENSURE, CERTIFICATION , REGISTRATION , OR PERMITTING UNDER PARAGRAPH 14 
(1) OF THIS SUBSECTION , THE HEALTH OCCUPATIO NS BOARD SHALL BE 15 
CONSIDERED TO HAVE F ULFILLED THE REQUIRE MENTS OF SUBSECTION (A) OF THIS 16 
SECTION.  17 
 
1–702.2. 18 
 
 (A) SUBJECT TO SUBSECTION S (B) AND (C) OF THIS SECTION , A HEALTH 19 
OCCUPATIONS BOARD MA Y ISSUE A TEMPORARY LICENSE, CERTIFICATE, 20 
REGISTRATION , OR PERMIT TO A SERVI CE MEMBER, VETERAN, OR MILITARY SPOUSE 21 
WHO HAS HELD A VALID LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT IN 22 
GOOD STANDING ISSUED IN ANOTHER STATE FOR LES S THAN 1 YEAR IF EACH VALID 23 
LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT HELD BY TH E SERVICE 24 
MEMBER, VETERAN, OR MILITARY SPOUSE I S IN GOOD STANDING . 25 
 
 (B) A TEMPORARY LICENSE , CERTIFICATE, REGISTRATION , OR PERMIT 26 
ISSUED UNDER THIS SE CTION AUTHORIZES THE SERVICE MEMBER , VETERAN, OR 27 
MILITARY SPOUSE , FOR A LIMITED PERIOD OF TIME AS DETERMINE D BY THE 28 
HEALTH OCCUPATIONS B OARD, TO PERFORM SERVICES REGULATED BY THE 29 
HEALTH OCCUPATIONS B OARD WHILE THE SERVI CE MEMBER , VETERAN, OR 30 
MILITARY SPOUSE COMPLETES THE REQUIR EMENTS FOR LICENSURE , 31 
CERTIFICATION , REGISTRATION , OR PERMITTING IN THE STATE. 32 
 
 (C) A HEALTH OCCUPATIONS B OARD MAY NOT ISSUE A LICENSE, 33 
CERTIFICATE, REGISTRATION , OR PERMIT UNDER THIS SECTION IF ISSUANCE OF 34 
THE LICENSE, CERTIFICATE, REGISTRATION , OR PERMIT WOULD POSE A RISK TO 35 
PUBLIC HEALTH , WELFARE, OR SAFETY. 36 
  6 	SENATE BILL 230  
 
 
1–704. 1 
 
 (a) [(1)] Each health occupations board shall [develop]: 2 
 
 (1) DEVELOP a procedure by which an individual who applies for a license, 3 
certificate, or registration can notify the board that the individual is a service member, 4 
veteran, or military spouse[.]; AND 5 
 
 (2) [A health occupations board may satisfy the requirement of paragraph 6 
(1) of this subsection by including] INCLUDE a check–off box PROMINENTLY on [a] EACH 7 
license, certificate, or registration application form. 8 
 
 (b) For each applicant who is a service member, veteran, or military spouse, a 9 
health occupations board shall assign to the applicant an advisor to assist the individual 10 
with the application process. 11 
 
 (c) (1) Each health occupations board shall expedite the process for the 12 
licensure, certification, or registration of a service member, veteran, or military spouse. 13 
 
 (2) If a service member, veteran, or military spouse meets the 14 
requirements for licensure, certification, or registration, a health occupations board shall 15 
issue the license, certificate, or registration within 15 business days after receiving a 16 
completed application. 17 
 
 (d) If a health occupations board determines that a service member, veteran, or 18 
military spouse does not meet the education, training, or experience requirements for 19 
licensure, certification, or registration, a representative of the board shall assist the service 20 
member, veteran, or military spouse in identifying: 21 
 
 (1) Programs that offer relevant education or training; or 22 
 
 (2) Ways of obtaining needed experience. 23 
 
 (E) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2024, THE 24 
DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH 25 
§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE PROCESSING OF 26 
APPLICATIONS FROM SE RVICE MEMBERS , MILITARY SPOUSES , AND VETERANS , 27 
INCLUDING, FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD : 28 
 
 (1) FOR EACH HEALTH OCCUP ATIONS BOARD : 29 
 
 (I) THE NUMBER OF APPLICA TIONS RECEIVED FROM SERVICE 30 
MEMBERS, MILITARY SPOUSES , AND VETERANS ;  31 
 
 (II) THE NUMBER OF APPLICA TIONS INCLUDED UNDER ITEM (I) 32 
OF THIS ITEM THAT WE RE PROCESSED ; 33   	SENATE BILL 230 	7 
 
 
 
 (III) THE NUMBER OF APPLICA TIONS INCLUDED UNDER ITEM (I) 1 
OF THIS ITEM THAT WERE NOT PRO CESSED; AND 2 
 
 (IV) FOR THE APPLICATIONS INCLUDED UNDER ITEM (III) OF 3 
THIS ITEM, THE REASON WHY PROCE SSING WAS DELAYED ; AND 4 
 
 (2) IF A HEALTH OCCUPATIO NS BOARD RECEIVED AP PLICATIONS 5 
FROM SERVICE MEMBERS , MILITARY SPOUSES , AND VETERANS THAT WERE NOT 6 
PROCESSED, THE PLAN OF THE HEAL TH OCCUPATIONS BOARD TO IMPROVE THE 7 
PROCESSING OF APPLIC ATIONS FROM SERVICE MEMBERS, MILITARY SPOUSES , AND 8 
VETERANS. 9 
 
1–705. 10 
 
 (A) Each health occupations board shall publish prominently on its website 11 
information on: 12 
 
 (1) The expedited licensing process available to service members, veterans, 13 
and military spouses under § 1–704 of this subtitle; and 14 
 
 (2) Any assistance and services related to licensure, certification, or 15 
registration provided by the board to service members, veterans, and military spouses. 16 
 
 (B) THE DEPARTMENT SHALL PUBL ISH PROMINENTLY ON I TS WEBSITE THE 17 
INFORMATION THAT EAC H HEALTH OCCUPATIONS BOARD IS REQUIRED TO PUBLISH 18 
UNDER SUBSECTION (A) OF THIS SECTION. 19 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2023, 20 
the Maryland Department of Health shall report to the General Assembly, in accordance 21 
with § 2–1257 of the State Government Article, on the procedures developed by each health 22 
occupations board under § 1–704 of the Health Occupations Article, as enacted by Section 23 
1 of this Act.  24 
 
 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 
October 1, 2022. 26