Maryland 2022 Regular Session

Maryland Senate Bill SB972 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0972
6	6
7	7	SENATE BILL 972
8	8	J2 2lr3201
9	9	CF HB 1252
10	10	By: Senator Reilly
11	11	Introduced and read first time: February 15, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Physicians and Allied Health Professions – Reorganization and Revisions 2
19	19
20	20	FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
21	21	and reorganizing certain provisions of law governing the State Board of Physicians 4
22	22	and the regulation of physicians, physician assistants, and allied health 5
23	23	professionals; authorizing the Board to regulate the allied health committees; 6
24	24	repealing the requirement that the Board provide a certain data sheet; and generally 7
25	25	relating to the State Board of Physicians and the regulation of physicians, physician 8
26	26	assistants, and allied health professionals. 9
27	27
28	28	BY repealing 10
29	29	Article – Health Occupations 11
30	30	Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 12
31	31	14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 13
32	32	14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14
33	33	14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 15
34	34	through 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 16
35	35	14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 14–5D–09, 14–5D–12, 17
36	36	14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14–5D–16.1, 14–5E–02 18
37	37	through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14–5E–19, 19
38	38	14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 20
39	39	14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 21
40	40	14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 22
41	41	15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, and 15–315 23
42	42	through 15–316.1 24
43	43	Annotated Code of Maryland 25
44	44	(2021 Replacement Volume) 26
45	45
46	46	BY renumbering 27
47	47	Article – Health Occupations 28 2 SENATE BILL 972
48	48
49	49
50	50	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 1
51	51	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 2
52	52	14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 3
53	53	14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 4
54	54	14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 5
55	55	15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 6
56	56	15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 7
57	57	respectively 8
58	58	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 9
59	59	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 10
60	60	14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 11
61	61	14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 12
62	62	14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 13
63	63	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 14
64	64	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 15
65	65	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 16
66	66	respectively 17
67	67	Annotated Code of Maryland 18
68	68	(2021 Replacement Volume) 19
69	69
70	70	BY repealing and reenacting, with amendments, 20
71	71	Article – Correctional Services 21
72	72	Section 9–603(d)(2) 22
73	73	Annotated Code of Maryland 23
74	74	(2017 Replacement Volume and 2021 Supplement) 24
75	75
76	76	BY repealing and reenacting, with amendments, 25
77	77	Article – Courts and Judicial Proceedings 26
78	78	Section 5–106(r), 5–715(d), and 10–205(b) 27
79	79	Annotated Code of Maryland 28
80	80	(2020 Replacement Volume and 2021 Supplement) 29
81	81
82	82	BY repealing and reenacting, without amendments, 30
83	83	Article – Health – General 31
84	84	Section 4–201(a), 5–601(a), and 13–3301(a) 32
85	85	Annotated Code of Maryland 33
86	86	(2019 Replacement Volume and 2021 Supplement) 34
87	87
88	88	BY repealing and reenacting, with amendments, 35
89	89	Article – Health – General 36
90	90	Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 37
91	91	Annotated Code of Maryland 38
92	92	(2019 Replacement Volume and 2021 Supplement) 39
93	93
94	94	BY repealing and reenacting, with amendments, 40
95	95	Article – Health Occupations 41 SENATE BILL 972 3
96	96
97	97
98	98	Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 1
99	99	14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 2
100	100	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 3
101	101	(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 4
102	102	(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 5
103	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	104	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 7
105	105	14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 8
106	106	14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 9
107	107	14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 10
108	108	14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 11
109	109	Annotated Code of Maryland 12
110	110	(2021 Replacement Volume) 13
111	111
112	112	BY repealing and reenacting, without amendments, 14
113	113	Article – Health Occupations 15
114	114	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 16
115	115	Annotated Code of Maryland 17
116	116	(2021 Replacement Volume) 18
117	117
118	118	BY adding to 19
119	119	Article – Health Occupations 20
120	120	Section 14–101(a–2), (n), and (q), 14–404, 14–417, 14–504, 14–514, 14–516, 21
121	121	14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 22
122	122	14–5F–07(g) 23
123	123	Annotated Code of Maryland 24
124	124	(2021 Replacement Volume) 25
125	125
126	126	BY repealing and reenacting, with amendments, 26
127	127	Article – Health Occupations 27
128	128	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 28
129	129	14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 29
130	130	14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 30
131	131	14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 31
132	132	14–5H–01(e) through (i) and (j) through (u), 14–5H–02, 14–5H–03(c), (d), and 32
133	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	134	14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 34
135	135	14–5H–16(a), and 14–5H–21 through 14–5H–23 35
136	136	Annotated Code of Maryland 36
137	137	(2021 Replacement Volume) 37
138	138	(As enacted by Section 2 of this Act) 38
139	139
140	140	BY adding to 39
141	141	Article – Health Occupations 40
142	142	Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 41
143	143	14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 42
144	144	Assistants” 43 4 SENATE BILL 972
145	145
146	146
147	147	Annotated Code of Maryland 1
148	148	(2021 Replacement Volume) 2
149	149	(As enacted by Section 2 of this Act) 3
150	150
151	151	BY repealing and reenacting, without amendments, 4
152	152	Article – Health Occupations 5
153	153	Section 14–5H–01(a) 6
154	154	Annotated Code of Maryland 7
155	155	(2021 Replacement Volume) 8
156	156	(As enacted by Section 2 of this Act) 9
157	157
158	158	BY repealing 10
159	159	Article – Health Occupations 11
160	160	Section 14–5H–01(d) and (i–1) 12
161	161	Annotated Code of Maryland 13
162	162	(2021 Replacement Volume) 14
163	163	(As enacted by Section 2 of this Act) 15
164	164
165	165	BY repealing and reenacting, without amendments, 16
166	166	Article – Transportation 17
167	167	Section 13–616(a)(1) 18
168	168	Annotated Code of Maryland 19
169	169	(2020 Replacement Volume and 2021 Supplement) 20
170	170
171	171	BY repealing and reenacting, with amendments, 21
172	172	Article – Transportation 22
173	173	Section 13–616(a)(7) 23
174	174	Annotated Code of Maryland 24
175	175	(2020 Replacement Volume and 2021 Supplement) 25
176	176
177	177	BY repealing and reenacting, without amendments, 26
178	178	Article – Tax – General 27
179	179	Section 10–752(a)(1) 28
180	180	Annotated Code of Maryland 29
181	181	(2016 Replacement Volume and 2021 Supplement) 30
182	182
183	183	BY repealing and reenacting, with amendments, 31
184	184	Article – Tax – General 32
185	185	Section 10–752(a)(3) and (d)(7) 33
186	186	Annotated Code of Maryland 34
187	187	(2016 Replacement Volume and 2021 Supplement) 35
188	188
189	189	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
190	190	That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 37
191	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	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	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 SENATE BILL 972 5
194	194
195	195
196	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	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	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	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	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	201	14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 6
202	202	15–308, 15–310 through 15–312, and 15–315 through 15–316.1 of Article – Health 7
203	203	Occupations of the Annotated Code of Maryland be repealed. 8
204	204
205	205	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 9
206	206	14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 10
207	207	14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 11
208	208	14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 12
209	209	14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 13
210	210	15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 14
211	211	15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502, 15
212	212	respectively, of Article – Health Occupations of the Annotated Code of Maryland be 16
213	213	renumbered to be Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 17
214	214	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 18
215	215	14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 19
216	216	14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 20
217	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	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	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	220	respectively. 24
221	221
222	222	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
223	223	as follows: 26
224	224
225	225	Article – Correctional Services 27
226	226
227	227	9–603. 28
228	228
229	229	(d) (2) If an assessment conducted under paragraph (1) of this subsection 29
230	230	indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 30
231	231	care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 31
232	232	Title 15] of the Health Occupations Article. 32
233	233
234	234	Article – Courts and Judicial Proceedings 33
235	235
236	236	5–106. 34
237	237
238	238	(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 35
239	239	Occupations Article of practicing, attempting to practice, or offering to practice medicine 36
240	240	without a license shall be instituted within 3 years after the offense was committed. 37
241	241
242	242	5–715. 38 6 SENATE BILL 972
243	243
244	244
245	245
246	246	(d) Any person who acts in good faith is not civilly liable for giving any of the 1
247	247	information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 2
248	248	Occupations Article. 3
249	249
250	250	10–205. 4
251	251
252	252	(b) Records, reports, statements, notes, or information assembled or obtained by 5
253	253	the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 6
254	254	Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 7
255	255	Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 8
256	256	national organized medical society or research group that are declared confidential by § 9
257	257	4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 10
258	258	Article, are not admissible in evidence in any proceeding. 11
259	259
260	260	Article – Health – General 12
261	261
262	262	4–201. 13
263	263
264	264	(a) In this subtitle the following words have the meanings indicated. 14
265	265
266	266	(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 15
267	267	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 16
268	268	supervision. 17
269	269
270	270	5–601. 18
271	271
272	272	(a) In this subtitle the following words have the meanings indicated. 19
273	273
274	274	(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 20
275	275	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 21
276	276	supervision. 22
277	277
278	278	13–3301. 23
279	279
280	280	(a) In this subtitle the following words have the meanings indicated. 24
281	281
282	282	(d) “Certifying provider” means an individual who: 25
283	283
284	284	(1) (i) 1. Has an active, unrestricted license to practice medicine 26
285	285	that was issued by the State Board of Physicians under Title 14 of the Health Occupations 27
286	286	Article; and 28
287	287
288	288	2. Is in good standing with the State Board of Physicians; 29
289	289	SENATE BILL 972 7
290	290
291	291
292	292	(ii) 1. Has an active, unrestricted license to practice dentistry 1
293	293	that was issued by the State Board of Dental Examiners under Title 4 of the Health 2
294	294	Occupations Article; and 3
295	295
296	296	2. Is in good standing with the State Board of Dental 4
297	297	Examiners; 5
298	298
299	299	(iii) 1. Has an active, unrestricted license to practice podiatry 6
300	300	that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 7
301	301	Health Occupations Article; and 8
302	302
303	303	2. Is in good standing with the State Board of Podiatric 9
304	304	Medical Examiners; 10
305	305
306	306	(iv) 1. Has an active, unrestricted license to practice registered 11
307	307	nursing and has an active, unrestricted certification to practice as a nurse practitioner or 12
308	308	a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 13
309	309	Occupations Article; and 14
310	310
311	311	2. Is in good standing with the State Board of Nursing; or 15
312	312
313	313	(v) 1. Has an active, unrestricted license to practice as a 16
314	314	physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 17
315	315	5H of the Health Occupations Article; 18
316	316
317	317	2. Has an active delegation agreement with a primary 19
318	318	supervising physician who is a certifying provider; and 20
319	319
320	320	3. Is in good standing with the State Board of Physicians; 21
321	321
322	322	(2) Has a State controlled dangerous substances registration; and 22
323	323
324	324	(3) Is registered with the Commission to make cannabis available to 23
325	325	patients for medical use in accordance with regulations adopted by the Commission. 24
326	326
327	327	18–214.1. 25
328	328
329	329	(b) Notwithstanding any other provision of law, the following health care 26
330	330	providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 27
331	331	partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 28
332	332	making a personal physical assessment of the patient’s partner: 29
333	333
334	334	(1) A physician licensed under Title 14 of the Health Occupations Article; 30
335	335
336	336	(2) An advanced practice registered nurse with prescriptive authority 31
337	337	licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 32
338	338	of the Health Occupations Article; 33 8 SENATE BILL 972
339	339
340	340
341	341
342	342	(3) An authorized physician assistant licensed under Title [15] 14, 1
343	343	SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] 2
344	344	14–5H–10 of the Health Occupations Article; and 3
345	345
346	346	(4) A registered nurse employed by a local health department who complies 4
347	347	with: 5
348	348
349	349	(i) The formulary developed and approved under § 3–403(b) of this 6
350	350	article; and 7
351	351
352	352	(ii) The requirements established under § 8–512 of the Health 8
353	353	Occupations Article. 9
354	354
355	355	Article – Health Occupations 10
356	356
357	357	1–302. 11
358	358
359	359	(g) Subsection (d)(12) of this section may not be construed to: 12
360	360
361	361	(1) Permit an individual or entity to engage in the insurance business, as 13
362	362	defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 14
363	363	the Maryland Insurance Commissioner and satisfying all other applicable requirements of 15
364	364	the Insurance Article; 16
365	365
366	366	(2) (i) Impose additional obligations on a carr ier providing 17
367	367	incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 18
368	368	Article; or 19
369	369
370	370	(ii) Require the disclosure of information regarding the 20
371	371	incentive–based compensation, except as required under § 15–113 of the Insurance Article; 21
372	372
373	373	(3) Authorize a health care entity to knowingly make a direct or indirect 22
374	374	payment to a health care practitioner as an inducement to reduce or limit medically 23
375	375	necessary services to individuals who are under the direct care of the health care 24
376	376	practitioner; 25
377	377
378	378	(4) Permit an arrangement that violates: 26
379	379
380	380	(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 27
381	381
382	382	(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 28
383	383	Law Article; 29
384	384
385	385	(5) Narrow, expand, or otherwise modify: 30
386	386	SENATE BILL 972 9
387	387
388	388
389	389	(i) Any definition in § 1–301 of this subtitle, including the definition 1
390	390	of “in–office ancillary services”; or 2
391	391
392	392	(ii) Any exception in subsection (d)(4) of this section including the 3
393	393	exception for referrals for in–office ancillary services or tests; or 4
394	394
395	395	(6) Require a compensation arrangement to comply with the provisions of 5
396	396	subsection (d)(12) of this section if the compensation arrangement is exempt under any 6
397	397	other provision of subsection (d) of this section. 7
398	398
399	399	1–306. 8
400	400
401	401	(e) This section does not prohibit: 9
402	402
403	403	(1) A referring laboratory from billing for anatomic pathology services or 10
404	404	histologic processing if the referring laboratory must send a specimen to another clinical 11
405	405	laboratory for histologic processing or anatomic pathology consultation; and 12
406	406
407	407	(2) A health care practitioner who takes a Pap test specimen from a patient 13
408	408	and who orders but does not supervise or perform an anatomic pathology service on the 14
409	409	specimen, from billing a patient or payor for the service, provided the health care 15
410	410	practitioner complies with: 16
411	411
412	412	(i) The disclosure requirements of [§ 14–404(a)(16)] § 17
413	413	14–515(A)(16) of this article; and 18
414	414
415	415	(ii) The ethics policies of the American Medical Association that 19
416	416	relate to referring physician billing for laboratory services. 20
417	417
418	418	8–205. 21
419	419
420	420	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 22
421	421	has the following powers and duties: 23
422	422
423	423	(3) To adopt rules and regulations for the performance of delegated medical 24
424	424	functions that are recognized jointly by the State Board of Physicians and the State Board 25
425	425	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 26
426	426
427	427	11–404.2. 27
428	428
429	429	(h) A therapeutically certified optometrist shall be: 28
430	430
431	431	(1) Held to the same standard of care as an ophthalmologist who is licensed 29
432	432	under Title 14 of this article and who is providing similar services; and 30
433	433
434	434	(2) Required to comply with the notice requirement under [§ 14–508] § 31
435	435	14–520 of this article. 32 10 SENATE BILL 972
436	436
437	437
438	438
439	439	12–102. 1
440	440
441	441	(c) (2) This title does not prohibit: 2
442	442
443	443	(i) A licensed veterinarian from: 3
444	444
445	445	1. Personally preparing and dispensing the veterinarian’s 4
446	446	prescriptions; or 5
447	447
448	448	2. Dispensing, in accordance with § 2 –313(c) of the 6
449	449	Agriculture Article, compounded nonsterile preparations or compounded sterile 7
450	450	preparations provided by a pharmacy; 8
451	451
452	452	(ii) A licensed dentist, physician, or podiatrist from personally 9
453	453	preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 10
454	454
455	455	1. The dentist, physician, or podiatrist: 11
456	456
457	457	A. Has applied to the board of licensure in this State which 12
458	458	licensed the dentist, physician, or podiatrist; 13
459	459
460	460	B. Has demonstrated to the satisfaction of that board that the 14
461	461	dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 15
462	462	public interest; 16
463	463
464	464	C. Has received a written permit from that board to dispense 17
465	465	prescription drugs or devices except that a written permit is not required in order to 18
466	466	dispense starter dosages or samples without charge; and 19
467	467
468	468	D. Posts a sign conspicuously positioned and readable 20
469	469	regarding the process for resolving incorrectly filled prescriptions or includes written 21
470	470	information regarding the process with each prescription dispensed; 22
471	471
472	472	2. The person for whom the drugs or devices are prescribed 23
473	473	is a patient of the prescribing dentist, physician, or podiatrist; 24
474	474
475	475	3. The dentist, physician, or podiatrist does not have a 25
476	476	substantial financial interest in a pharmacy; and 26
477	477
478	478	4. The dentist, physician, or podiatrist: 27
479	479
480	480	A. Complies with the dispensing and labeling requirements 28
481	481	of this title; 29
482	482
483	483	B. Records the dispensing of the prescription drug or device 30
484	484	on the patient’s chart; 31 SENATE BILL 972 11
485	485
486	486
487	487
488	488	C. Allows the Office of Controlled Substances Administration 1
489	489	to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 2
490	490	and in accordance with § 12–102.1 of this subtitle; 3
491	491
492	492	D. On inspection by the Office of Controlled Substances 4
493	493	Administration, signs and dates an acknowledgment form provided by the Office of 5
494	494	Controlled Substances Administration relating to the requirements of this section; 6
495	495
496	496	E. Except for starter dosages or samples without charge, 7
497	497	provides the patient with a written prescription, maintains prescription files in accordance 8
498	498	with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 9
499	499
500	500	F. Does not direct patients to a single pharmacist or 10
501	501	pharmacy in accordance with § 12–403(c)(8) of this title; 11
502	502
503	503	G. Does not receive remuneration for referring patients to a 12
504	504	pharmacist or pharmacy; 13
505	505
506	506	H. Complies with the child resistant packaging requirements 14
507	507	regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 15
508	508
509	509	I. Complies with drug recalls; 16
510	510
511	511	J. Maintains biennial inventories and complies with any 17
512	512	other federal and State record–keeping requirements relating to controlled dangerous 18
513	513	substances; 19
514	514
515	515	K. Purchases prescription drugs from a pharmacy or 20
516	516	wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 21
517	517	the Board of Pharmacy; 22
518	518
519	519	L. Annually reports to the respective board of licensure 23
520	520	whether the dentist, physician, or podiatrist has personally prepared and dispensed 24
521	521	prescription drugs within the previous year; and 25
522	522
523	523	M. Completes ten continuing education credits over a 5–year 26
524	524	period relating to the preparing and dispensing of prescription drugs, offered by the 27
525	525	Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 28
526	526	consultation with each respective board of licensure, as a condition of permit renewal; 29
527	527
528	528	(iii) A licensed physician from dispensing a topical medication 30
529	529	without obtaining the permit required under item (ii)1C of this paragraph or completing 31
530	530	the continuing education required under item (ii)4M of this paragraph when the physician: 32
531	531
532	532	1. Otherwise complies with item (ii) of this paragraph; and 33
533	533	12 SENATE BILL 972
534	534
535	535
536	536	2. Has obtained a special written permit under [§ 14–509] § 1
537	537	14–522 of this article; 2
538	538
539	539	(iv) A licensed physician who complies with the requirements of item 3
540	540	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 4
541	541
542	542	1. A physician assistant in accordance with a delegation 5
543	543	agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 6
544	544
545	545	2. A nurse practitioner who is authorized to practice under 7
546	546	Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 8
547	547	or 9
548	548
549	549	(v) A hospital–based clinic from dispensing prescriptions to its 10
550	550	patients. 11
551	551
552	552	14–101. 12
553	553
554	554	(a) In this title the following words have the meanings indicated. 13
555	555
556	556	(a–1) “Allied health professional” means an individual licensed by the Board under 14
557	557	Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 15
558	558
559	559	(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 16
560	560	LICENSURE AS A PHYSI CIAN OR ALLIED HEALTH PROFESSIONAL IN THE STATE. 17
561	561
562	562	(g) “License” means, unless the context requires otherwise, a license issued by the 18
563	563	Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 19
564	564	BOARD. 20
565	565
566	566	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 21
567	567	issued], including an individual practicing medicine within or as a professional corporation 22
568	568	or professional association. 23
569	569
570	570	(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 24
571	571	UNDER SUBTITLE 5H OF THIS TITLE TO PRACTICE MEDICINE WI TH PHYSICIAN 25
572	572	SUPERVISION. 26
573	573
574	574	(o) (1) “Practice medicine” means to engage, with or without compensation, in 27
575	575	medical: 28
576	576
577	577	(i) Diagnosis; 29
578	578
579	579	(ii) Healing; 30
580	580
581	581	(iii) Treatment; or 31 SENATE BILL 972 13
582	582
583	583
584	584
585	585	(iv) Surgery. 1
586	586
587	587	(2) “Practice medicine” includes doing, undertaking, professing to do, and 2
588	588	attempting any of the following: 3
589	589
590	590	(i) Diagnosing, healing, treating, preventing, prescribing for, or 4
591	591	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 5
592	592
593	593	1. By physical, mental, emotional, or other process that is 6
594	594	exercised or invoked by the practitioner, the patient, or both; or 7
595	595
596	596	2. By appliance, test, drug, operation, or treatment; 8
597	597
598	598	(ii) Ending of a human pregnancy; and 9
599	599
600	600	(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 10
601	601	of this title. 11
602	602
603	603	(3) “Practice medicine” does not include: 12
604	604
605	605	(i) Selling any nonprescription drug or medicine; 13
606	606
607	607	(ii) Practicing as an optician; or 14
608	608
609	609	(iii) Performing a massage or other manipulation by hand, but by no 15
610	610	other means. 16
611	611
612	612	(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 17
613	613	OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 18
614	614	14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 19
615	615	IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS R EGULATED BY THE 20
616	616	BOARD WHO ARE DIRECTE D BY THE BOARD TO RECEIVE TREA TMENT AND 21
617	617	REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 22
618	618	PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS . 23
619	619
620	620	14–102. 24
621	621
622	622	(a) This title does not limit the right of: 25
623	623
624	624	(1) An individual to practice a health occupation that the individual is 26
625	625	authorized to practice under this article; [or] 27
626	626
627	627	(2) A Christian Science practitioner, who is accredited by the First Church 28
628	628	of Christ, Scientist, in Boston, Massachusetts, from: 29
629	629	14 SENATE BILL 972
630	630
631	631
632	632	(i) Dealing with human ills in accordance with the tenets of 1
633	633	Christian Science; and 2
634	634
635	635	(ii) Charging for services[.]; 3
636	636
637	637	(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 4
638	638	HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 5
639	639	OF THE HEALTH – GENERAL ARTICLE; OR 6
640	640
641	641	(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 7
642	642	RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 8
643	643	PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 9
644	644	LABORATORY . 10
645	645
646	646	14–205. 11
647	647
648	648	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 12
649	649	this article], the Board shall: 13
650	650
651	651	(1) Enforce this title [and Title 15 of this article]; 14
652	652
653	653	(2) Adopt regulations to carry out the provisions of this title [and Title 15 15
654	654	of this article]; 16
655	655
656	656	(3) Establish policies for Board operations; 17
657	657
658	658	(4) Maintain the rules, regulations, and policies of the Board so that the 18
659	659	rules, regulations, and policies reflect the current practices of the Board; 19
660	660
661	661	(5) Oversee: 20
662	662
663	663	(i) The licensing requirements for physicians and the allied health 21
664	664	professionals; and 22
665	665
666	666	(ii) The issuance and renewal of licenses; 23
667	667
668	668	(6) Maintain secure and complete records; 24
669	669
670	670	(7) Review and preliminarily investigate complaints, including 25
671	671	acknowledging receipt of complaints and informing complainants of the final disposition of 26
672	672	complaints; 27
673	673
674	674	(8) Develop and implement methods to: 28
675	675
676	676	(i) Assess and improve licensee practices; and 29
677	677	SENATE BILL 972 15
678	678
679	679
680	680	(ii) Ensure the ongoing competence of licensees; 1
681	681
682	682	(9) Ensure that an opportunity for a hearing is provided to an individual, 2
683	683	in accordance with law, before any action is taken against the individual; 3
684	684
685	685	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 4
686	686
687	687	(11) Report on all disciplinary actions, license denials, and license 5
688	688	surrenders; 6
689	689
690	690	(12) Establish appropriate fees that are adequate to fund the effective 7
691	691	regulation of physicians and allied health professionals; 8
692	692
693	693	(13) Make recommendations that benefit the health, safety, and welfare of 9
694	694	the public; 10
695	695
696	696	(14) Provide ongoing education and training for Board members to ensure 11
697	697	that the Board members can competently discharge their duties; 12
698	698
699	699	(15) Direct educational outreach to and communicate with licensees and the 13
700	700	public; 14
701	701
702	702	(16) Develop and adopt a budget that reflects revenues and supports the 15
703	703	costs associated with each allied health profession regulated by the Board; 16
704	704
705	705	(17) Develop and approve an annual report and other required reports for 17
706	706	submission to the Secretary, the Governor, the General Assembly, and the public; 18
707	707
708	708	(18) Approve contracts as needed and within budgetary limits; 19
709	709
710	710	(19) Appoint standing and ad hoc committees from among Board members 20
711	711	as necessary; 21
712	712
713	713	(20) Delegate to the executive director of the Board the authority to 22
714	714	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 23
715	715	Board or disciplinary panel, and hold the executive director accountable to the Board; and 24
716	716
717	717	(21) Appoint members of the disciplinary panels. 25
718	718
719	719	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 26
720	720	may: 27
721	721
722	722	(i) Adopt regulations to regulate the performance of acupuncture, 28
723	723	but only to the extent authorized by [§ 14–504] § 14–526 of this title; 29
724	724
725	725	(ii) After consulting with the State Board of Pharmacy, adopt rules 30
726	726	and regulations regarding the dispensing of prescription drugs by a licensed physician; 31 16 SENATE BILL 972
727	727
728	728
729	729
730	730	(iii) On receipt of a written and signed complaint, including a referral 1
731	731	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 2
732	732	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 3
733	733	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 4
734	734	center, to determine compliance at that office with the Centers for Disease Control and 5
735	735	Prevention’s guidelines on universal precautions; and 6
736	736
737	737	(iv) Contract with others for the purchase of administrative and 7
738	738	examination services to carry out the provisions of this title. 8
739	739
740	740	(2) The Board or a disciplinary panel may investigate an alleged violation 9
741	741	of this title. 10
742	742
743	743	[(3) Subject to the Administrative Procedure Act and the hearing provisions 11
744	744	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 12
745	745	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 13
746	746	applicant’s license for: 14
747	747
748	748	(i) Any of the reasons that are grounds for action under § 14–404, § 15
749	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	750	as applicable; or 17
751	751
752	752	(ii) Failure to complete a criminal history records check in 18
753	753	accordance with § 14–308.1 of this title.] 19
754	754
755	755	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 20
756	756	shall: 21
757	757
758	758	(i) Issue, for use in other jurisdictions, a certificate of professional 22
759	759	standing to any [licensed physician] LICENSEE; and 23
760	760
761	761	(ii) Keep a list of all PENDING license applicants. 24
762	762
763	763	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 25
764	764	are currently licensed. 26
765	765
766	766	(ii) The list shall include each [physician’s] LICENSEE’S designated 27
767	767	public address. 28
768	768
769	769	(iii) A [physician’s] LICENSEE’S designated public address may be a 29
770	770	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 30
771	771	under paragraph (3) of this subsection, that is not a post office box. 31
772	772
773	773	(iv) Each list prepared under this paragraph shall be kept as a 32
774	774	permanent record of the Board. 33 SENATE BILL 972 17
775	775
776	776
777	777
778	778	(v) The list of [currently licensed physicians] CURRENT 1
779	779	LICENSEES is a public record. 2
780	780
781	781	(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 3
782	782	designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 4
783	783	communication between the [physician] LICENSEE and the Board. 5
784	784
785	785	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 6
786	786	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 7
787	787	at the time of initial licensure and license renewal. 8
788	788
789	789	(iii) A [physician] LICENSEE shall designate an address where the 9
790	790	Board may send the [physician] LICENSEE mail. 10
791	791
792	792	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 11
793	793	a public record and may not be released by the Board. 12
794	794
795	795	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 13
796	796
797	797	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 14
798	798	ESTABLISHED UNDER TH IS TITLE GOVERNING : 15
799	799
800	800	(1) THE TERM OF OFFICE FO R MEMBERS; 16
801	801
802	802	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 17
803	803
804	804	(3) THE REMOVAL OF MEMBER S; AND 18
805	805
806	806	(4) THE DUTIES OF EACH OF FICER. 19
807	807
808	808	14–207. 20
809	809
810	810	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 21
811	811	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 22
812	812	HEALTH PROFESSIONALS . 23
813	813
814	814	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 24
815	815	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 25
816	816	UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 26
817	817	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 27
818	818	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 28
819	819	14–401.1(D) of this title. 29
820	820	18 SENATE BILL 972
821	821
822	822
823	823	(3) Funds to cover the compensation and expenses of the Board members 1
824	824	shall be generated by fees set under this section. 2
825	825
826	826	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 3
827	827	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 4
828	828	AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 5
829	829
830	830	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 6
831	831	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 7
832	832	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 8
833	833	TITLE. 9
834	834
835	835	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 10
836	836	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 11
837	837	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 12
838	838
839	839	(II) THE BOARD SHALL PAY THE FEE COLLECTED UNDER 13
840	840	PARAGRAPH (1) OF THIS SUBSECTION T O THE PHYSICIAN ASSISTANT 14
841	841	PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 15
842	842	GENERAL ARTICLE. 16
843	843
844	844	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 17
845	845	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 18
846	846	of the State. 19
847	847
848	848	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 20
849	849	include in the State budget at least $400,000 for the operation of the Maryland Loan 21
850	850	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 22
851	851	Subtitle 17 of the Health – General Article, as administered by the Department, the 23
852	852	Comptroller shall distribute: 24
853	853
854	854	(i) $400,000 of the fees received from the Board to the Department 25
855	855	to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
856	856	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
857	857	Article to physicians and physician assistants engaged in primary care or to medical 28
858	858	residents specializing in primary care who agree to practice for at least 2 years as primary 29
859	859	care physicians in a geographic area of the State that has been designated by the Secretary 30
860	860	as being medically underserved; and 31
861	861
862	862	(ii) The balance of the fees to the Board of Physicians Fund. 32
863	863
864	864	(2)] In fiscal year 2022, if the Governor does not include in the State budget 33
865	865	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 34
866	866	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 35
867	867	Article, as administered by the Department, the Comptroller shall distribute: 36 SENATE BILL 972 19
868	868
869	869
870	870
871	871	(i) $1,000,000 of the fees received from the Board to the Department 1
872	872	to be used to make grants under the Maryland Loan Assistance Repayment Program for 2
873	873	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 3
874	874	Article to physicians and physician assistants engaged in primary care or to medical 4
875	875	residents specializing in primary care who agree to practice for at least 2 years as primary 5
876	876	care physicians in a geographic area of the State that has been designated by the Secretary 6
877	877	as being medically underserved; and 7
878	878
879	879	(ii) The balance of the fees to the Board of Physicians Fund. 8
880	880
881	881	[(3)] (2) In fiscal year 2023 and each fiscal year thereafter, if the 9
882	882	Department does not implement a permanent funding structure under § 24–1702(b)(1) of 10
883	883	the Health – General Article and the Governor does not include in the State budget at least 11
884	884	$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 12
885	885	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
886	886	Article, as administered by the Department, the Comptroller shall distribute: 14
887	887
888	888	(i) $400,000 of the fees received from the Board to the Department 15
889	889	to be used to make grants under the Maryland Loan Assistance Repayment Program for 16
890	890	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 17
891	891	Article to physicians and physician assistants engaged in primary care or to medical 18
892	892	residents specializing in primary care who agree to practice for at least 2 years as primary 19
893	893	care physicians in a geographic area of the State that has been designated by the Secretary 20
894	894	as being medically underserved; and 21
895	895
896	896	(ii) The balance of the fees to the Board of Physicians Fund. 22
897	897
898	898	[(4)] (3) If the Governor includes in the State budget at least the amount 23
899	899	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 24
900	900	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 25
901	901	Subtitle 17 of the Health – General Article, as administered by the Department, the 26
902	902	Comptroller shall distribute the fees to the Board of Physicians Fund. 27
903	903
904	904	(f) (1) In addition to the requirements of subsection (e) of this section, the 28
905	905	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 29
906	906	collected, and distributed to the Fund under this title. 30
907	907
908	908	(2) After review and approval by the Board of a budget submitted by the 31
909	909	[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 32
910	910	[Physician] Rehabilitation Program. 33
911	911
912	912	14–301. 34
913	913	20 SENATE BILL 972
914	914
915	915
916	916	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 1
917	917	qualify for a license, an applicant shall be an individual who meets the requirements of this 2
918	918	section. 3
919	919
920	920	(b) The applicant shall be of good moral character. 4
921	921
922	922	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 5
923	923	shall be at least 18 years old. 6
924	924
925	925	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 7
926	926
927	927	(1) (i) Have a degree of doctor of medicine from a medical school that is 8
928	928	accredited by an accrediting organization that the Board recognizes in its regulations; and 9
929	929
930	930	(ii) Submit evidence acceptable to the Board of successful completion 10
931	931	of 1 year of training in a postgraduate medical training program that is accredited by an 11
932	932	accrediting organization that the Board recognizes in its regulations; or 12
933	933
934	934	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 13
935	935	in the United States, its territories or possessions, Puerto Rico, or Canada that has 14
936	936	standards for graduation equivalent to those established by the American Osteopathic 15
937	937	Association; and 16
938	938
939	939	(ii) Submit evidence acceptable to the Board of successful completion 17
940	940	of 1 year of training in a postgraduate medical training program accredited by an 18
941	941	accrediting organization that the Board recognizes in its regulations.] 19
942	942
943	943	(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 20
944	944	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 21
945	945
946	946	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 22
947	947	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 23
948	948	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 24
949	949
950	950	(f) The applicant shall meet any other qualifications that the Board establishes 25
951	951	in its regulations for license applicants. 26
952	952
953	953	[(g) An otherwise qualified applicant who passes the examination after having 27
954	954	failed the examination or any part of the examination 3 or more times may qualify for a 28
955	955	license only if the applicant: 29
956	956
957	957	(1) Has successfully completed 2 or more years of a residency or fellowship 30
958	958	accredited by the Accreditation Council on Graduate Medical Education or the American 31
959	959	Osteopathic Association; 32
960	960
961	961	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 33 SENATE BILL 972 21
962	962
963	963
964	964
965	965	1. In the United States or in Canada; 1
966	966
967	967	2. With at least 3 of the 5 years having occurred within 5 2
968	968	years of the date of the application; and 3
969	969
970	970	3. That occurred under a full unrestricted license to practice 4
971	971	medicine; and 5
972	972
973	973	(ii) Has no disciplinary action pending and has had no disciplinary 6
974	974	action taken against the applicant that would be grounds for discipline under § 14–404 of 7
975	975	this title; or 8
976	976
977	977	(3) Is board certified.] 9
978	978
979	979	[(h)] (G) (1) The Board shall require as part of its examination or licensing 10
980	980	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 11
981	981	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 12
982	982
983	983	(2) Graduation from a recognized English–speaking undergraduate 13
984	984	school or high school, including General Education Development (GED), after at least 3 14
985	985	years of enrollment, or from a recognized English–speaking professional school is 15
986	986	acceptable as proof of proficiency in the oral communication of the English language under 16
987	987	this section. 17
988	988
989	989	(3) By regulation, the Board shall develop a procedure for testing 18
990	990	individuals who because of their speech impairment are unable to complete satisfactorily a 19
991	991	Board approved standardized test of oral competency. 20
992	992
993	993	(4) If any disciplinary charges or action that involves a problem with 21
994	994	the oral communication of the English language are brought against a licensee under this 22
995	995	title, the Board shall require the licensee to take and pass a Board approved standardized 23
996	996	test of oral competency. 24
997	997
998	998	[(i) The applicant shall complete a criminal history records check in accordance 25
999	999	with § 14–308.1 of this subtitle. 26
1000	1000
1001	1001	(j) (1) The Board shall license an applicant to practice medicine if: 27
1002	1002
1003	1003	(i) The applicant: 28
1004	1004
1005	1005	1. Became licensed or certified as a physician in another 29
1006	1006	jurisdiction under requirements that the Board determines are substantially equivalent to 30
1007	1007	the licensing requirements of this title; 31
1008	1008
1009	1009	2. Is in good standing under the laws of the other 32
1010	1010	jurisdiction; 33 22 SENATE BILL 972
1011	1011
1012	1012
1013	1013
1014	1014	3. Submits an application to the Board on a form that the 1
1015	1015	Board requires; and 2
1016	1016
1017	1017	4. Pays to the Board an application fee set by the Board; and 3
1018	1018
1019	1019	(ii) The jurisdiction in which the applicant is licensed or certified 4
1020	1020	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 5
1021	1021	the Board. 6
1022	1022
1023	1023	(2) The Board shall adopt regulations to implement this subsection.] 7
1024	1024
1025	1025	14–303. 8
1026	1026
1027	1027	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 9
1028	1028
1029	1029	(1) Complete a criminal history records check in accordance with [§ 10
1030	1030	14–308.1] § 14–302 of this subtitle; 11
1031	1031
1032	1032	(2) Submit an application to the Board on the form that the Board requires; 12
1033	1033	and 13
1034	1034
1035	1035	(3) Pay to the Board the application fee set by the Board. 14
1036	1036
1037	1037	[(b) The Board may not release a list of applicants for licensure.] 15
1038	1038
1039	1039	14–304. 16
1040	1040
1041	1041	(b) (1) On receipt of the criminal history record information of an applicant for 17
1042	1042	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 18
1043	1043	in determining whether to issue a license, the Board shall consider: 19
1044	1044
1045	1045	(i) The age at which the crime was committed; 20
1046	1046
1047	1047	(ii) The nature of the crime; 21
1048	1048
1049	1049	(iii) The circumstances surrounding the crime; 22
1050	1050
1051	1051	(iv) The length of time that has passed since the crime; 23
1052	1052
1053	1053	(v) Subsequent work history; 24
1054	1054
1055	1055	(vi) Employment and character references; and 25
1056	1056
1057	1057	(vii) Other evidence that demonstrates whether the applicant poses a 26
1058	1058	threat to the public health or safety. 27 SENATE BILL 972 23
1059	1059
1060	1060
1061	1061
1062	1062	(2) The Board may not issue a license if the criminal history record 1
1063	1063	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 2
1064	1064
1065	1065	14–305. 3
1066	1066
1067	1067	(a) Except as otherwise provided in this title, a license authorizes the licensee to 4
1068	1068	practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 5
1069	1069	LICENSE ISSUED BY TH E BOARD while the license is effective. 6
1070	1070
1071	1071	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 7
1072	1072	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 8
1073	1073
1074	1074	14–306. 9
1075	1075
1076	1076	(a) (1) The term of a license issued by the Board may not exceed 3 years. 10
1077	1077
1078	1078	(2) A license expires on a date set by the Board, unless the license is 11
1079	1079	renewed for [a] AN ADDITIONAL term as provided in this section. 12
1080	1080
1081	1081	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 13
1082	1082	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 14
1083	1083	last known electronic or physical address of the licensee[: 15
1084	1084
1085	1085	(i) A] A renewal notice that states: 16
1086	1086
1087	1087	[1.] (I) The date on which the current license expires; 17
1088	1088
1089	1089	[2.] (II) The date by which the renewal application must be 18
1090	1090	received by the Board for the renewal to be issued and mailed before the license expires; 19
1091	1091	and 20
1092	1092
1093	1093	[3.] (III) The amount of the renewal fee[; and 21
1094	1094
1095	1095	(ii) A blank panel data sheet supplied by the Health Care 22
1096	1096	Alternative Dispute Resolution Office]. 23
1097	1097
1098	1098	(2) If the Board chooses to send renewal notices exclusively by electronic 24
1099	1099	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 25
1100	1100	first–class mail to a licensee on request of the licensee. 26
1101	1101
1102	1102	(c) (1) Before the license expires, the licensee periodically may renew it for an 27
1103	1103	additional term, if the licensee: 28
1104	1104
1105	1105	(i) Otherwise is entitled to be licensed; 29
1106	1106	24 SENATE BILL 972
1107	1107
1108	1108
1109	1109	(ii) Is of good moral character; 1
1110	1110
1111	1111	(iii) Pays to the Board a renewal fee set by the Board; [and] 2
1112	1112
1113	1113	(iv) Submits to the Board: 3
1114	1114
1115	1115	1. A renewal application on the form that the Board requires; 4
1116	1116	and 5
1117	1117
1118	1118	2. Satisfactory evidence of compliance with any continuing 6
1119	1119	education OR COMPETENCY requirements set under this section for license renewal; AND 7
1120	1120
1121	1121	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 8
1122	1122	REQUIREMENTS ESTABLI SHED BY THE BOARD. 9
1123	1123
1124	1124	(2) Within 30 days after a license renewal under Section 7 of the Interstate 10
1125	1125	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 11
1126	1126	shall submit to the Board the information required under paragraph (1)(iv) of this 12
1127	1127	subsection. 13
1128	1128
1129	1129	(d) (1) In addition to any other qualifications and requirements established by 14
1130	1130	the Board, the Board may establish continuing education OR COMPETENCY requirements 15
1131	1131	as a condition to the renewal of licenses under this section. 16
1132	1132
1133	1133	[(2) In establishing these requirements, the Board shall evaluate existing 17
1134	1134	methods, devices, and programs in use among the various medical specialties and other 18
1135	1135	recognized medical groups. 19
1136	1136
1137	1137	(3) The Board shall adopt regulations that allow a licensee seeking renewal 20
1138	1138	to receive up to 5 continuing education credits per renewal period for providing 21
1139	1139	uncompensated, voluntary medical services during each renewal period. 22
1140	1140
1141	1141	(4) The Board may not establish or enforce these requirements if they 23
1142	1142	would so reduce the number of physicians in a community as to jeopardize the availability 24
1143	1143	of adequate medical care in that community.] 25
1144	1144
1145	1145	[(5)] (2) The Board may not establish a continuing education requirement 26
1146	1146	that every licensee complete a specific course or program as a condition to the renewal of a 27
1147	1147	license under this section. 28
1148	1148
1149	1149	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 29
1150	1150	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 30
1151	1151	first offense, for the failure of a licensee to obtain the continuing medical education credits 31
1152	1152	required by the Board.] 32
1153	1153	SENATE BILL 972 25
1154	1154
1155	1155
1156	1156	(e) The Board shall renew the license of each licensee who meets the 1
1157	1157	requirements of this section AND ANY ADDITIONAL REQUIREME NTS ESTABLISHED 2
1158	1158	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 3
1159	1159	APPLICABLE. 4
1160	1160
1161	1161	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 5
1162	1162	change in the licensee’s name or address within 60 days after the change. 6
1163	1163
1164	1164	(2) If a licensee fails to notify the secretary of the Board within the time 7
1165	1165	required under this section, the licensee is subject to an administrative penalty of $100.] 8
1166	1166
1167	1167	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 9
1168	1168	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 10
1169	1169
1170	1170	(i) Renewal applicants as determined by regulations adopted by the 11
1171	1171	Board; and 12
1172	1172
1173	1173	(ii) Each former licensee who files for reinstatement under [§ 14–317 13
1174	1174	of this subtitle] THIS TITLE. 14
1175	1175
1176	1176	(2) On receipt of the criminal history record information of a licensee 15
1177	1177	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 16
1178	1178	determining whether disciplinary action should be taken, based on the criminal record 17
1179	1179	information, against a licensee who renewed or reinstated a license, the Board shall 18
1180	1180	consider: 19
1181	1181
1182	1182	(i) The age at which the crime was committed; 20
1183	1183
1184	1184	(ii) The nature of the crime; 21
1185	1185
1186	1186	(iii) The circumstances surrounding the crime; 22
1187	1187
1188	1188	(iv) The length of time that has passed since the crime; 23
1189	1189
1190	1190	(v) Subsequent work history; 24
1191	1191
1192	1192	(vi) Employment and character references; and 25
1193	1193
1194	1194	(vii) Other evidence that demonstrates whether the licensee poses a 26
1195	1195	threat to the public health or safety. 27
1196	1196
1197	1197	(3) The Board may renew or reinstate a license only if the licensee or 28
1198	1198	applicant attests that the licensee or applicant has submitted to a criminal history records 29
1199	1199	check under [§ 14–308.1] § 14–302 of this subtitle. 30
1200	1200
1201	1201	14–307. 31 26 SENATE BILL 972
1202	1202
1203	1203
1204	1204
1205	1205	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 1
1206	1206	to renew the license for any reason if the [physician] INDIVIDUAL: 2
1207	1207
1208	1208	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 3
1209	1209	AND THE APPLICABLE RENEWAL R EQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 4
1210	1210	5E, 5F, 5G, OR 5H OF THIS TITLE; 5
1211	1211
1212	1212	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 6
1213	1213	THE BOARD REQUIRES ; 7
1214	1214
1215	1215	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 8
1216	1216
1217	1217	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 9
1218	1218	the qualifications and requirements established under this title for license reinstatements; 10
1219	1219	AND 11
1220	1220
1221	1221	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 12
1222	1222	REQUIREMENTS ESTABLI SHED BY THE BOARD. 13
1223	1223
1224	1224	14–401.1. 14
1225	1225
1226	1226	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 15
1227	1227	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 16
1228	1228	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 17
1229	1229	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 18
1230	1230	disciplinary panel. 19
1231	1231
1232	1232	(ii) If the complaint proceeds to a hearing and is referred to the other 20
1233	1233	disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 21
1234	1234	was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 22
1235	1235	may not: 23
1236	1236
1237	1237	1. Continue to handle the complaint; 24
1238	1238
1239	1239	2. Participate in any disciplinary proceedings regarding the 25
1240	1240	complaint; or 26
1241	1241
1242	1242	3. Determine the final disposition of the complaint. 27
1243	1243
1244	1244	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 28
1245	1245	enter into a written contract with an entity or individual for confidential physician peer 29
1246	1246	review of allegations based on § 14–404(a)(22) of this subtitle. 30
1247	1247
1248	1248	(2) A peer reviewer shall: 31 SENATE BILL 972 27
1249	1249
1250	1250
1251	1251
1252	1252	(i) Be board certified; 1
1253	1253
1254	1254	(ii) Have special qualifications to judge the matter at hand; 2
1255	1255
1256	1256	(iii) Have received a specified amount of medical experience and 3
1257	1257	training; 4
1258	1258
1259	1259	(iv) Have no formal actions against the peer reviewer’s own license; 5
1260	1260
1261	1261	(v) Receive training in peer review; 6
1262	1262
1263	1263	(vi) Have a standard format for peer review reports; and 7
1264	1264
1265	1265	(vii) To the extent practicable, be licensed and engaged in the practice 8
1266	1266	of medicine in the State. 9
1267	1267
1268	1268	(3) The Board may consult with the appropriate specialty health care 10
1269	1269	provider societies in the State to obtain a list of physicians qualified to provide peer review 11
1270	1270	services. 12
1271	1271
1272	1272	(4)] For purposes of peer review, the Board may use sole source 13
1273	1273	procurement under § 13–107 of the State Finance and Procurement Article. 14
1274	1274
1275	1275	[(5)] (2) The hearing of charges may not be stayed or challenged because 15
1276	1276	of the selection of peer reviewers under this subsection before the filing of charges. 16
1277	1277
1278	1278	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 17
1279	1279	contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 18
1280	1280	90 days for completion of peer review. 19
1281	1281
1282	1282	(2) The entity or individual peer reviewer may apply to the Board for an 20
1283	1283	extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 21
1284	1284	§ 14–515(D)(1) OF THIS TITLE. 22
1285	1285
1286	1286	(3) If an extension is not granted, and 90 days have elapsed, the Board may 23
1287	1287	contract with any other entity or individual who meets the requirements of [subsection 24
1288	1288	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 25
1289	1289
1290	1290	(4) If an extension has been granted, and 120 days have elapsed, the Board 26
1291	1291	may contract with any other entity or individual who meets the requirements of [subsection 27
1292	1292	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 28
1293	1293
1294	1294	[(g)] (D) The Board shall issue a request for proposals and enter into a written 29
1295	1295	contract with a nonprofit entity to provide rehabilitation services for physicians or other 30
1296	1296	allied health professionals directed by the Board to receive rehabilitation services. 31 28 SENATE BILL 972
1297	1297
1298	1298
1299	1299
1300	1300	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 1
1301	1301	matters and the mediation of fee disputes coming before it, the Board may contract with an 2
1302	1302	entity or entities for the purchase of investigatory, mediation, and related services. 3
1303	1303
1304	1304	(2) Services that may be contracted for under this subsection include the 4
1305	1305	services of: 5
1306	1306
1307	1307	(i) Investigators; 6
1308	1308
1309	1309	(ii) Attorneys; 7
1310	1310
1311	1311	(iii) Accountants; 8
1312	1312
1313	1313	(iv) Expert witnesses; 9
1314	1314
1315	1315	(v) Consultants; and 10
1316	1316
1317	1317	(vi) Mediators. 11
1318	1318
1319	1319	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 12
1320	1320	oaths in connection with any investigation under this section and any hearing or proceeding 13
1321	1321	before it. 14
1322	1322
1323	1323	[(j)] (G) (1) It is the intent of this section that the disposition of every 15
1324	1324	complaint against a licensee that sets forth allegations of grounds for disciplinary action 16
1325	1325	filed with the Board shall be completed as expeditiously as possible and, in any event, 17
1326	1326	within 18 months after the complaint was received by the Board. 18
1327	1327
1328	1328	(2) If a disciplinary panel is unable to complete the disposition of a 19
1329	1329	complaint within 1 year, the Board shall include in the record of that complaint a detailed 20
1330	1330	explanation of the reason for the delay. 21
1331	1331
1332	1332	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 22
1333	1333	health professional to discuss the proposed disposition of a complaint, shall provide an 23
1334	1334	opportunity to appear before the disciplinary panel to both the licensee who has been 24
1335	1335	charged and the individual who has filed the complaint against the licensee giving rise to 25
1336	1336	the charge. 26
1337	1337
1338	1338	14–401.2. 27
1339	1339
1340	1340	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 28
1341	1341	relief against an individual for: 29
1342	1342
1343	1343	(1) Practicing a profession regulated under this title [or Title 15 of this 30
1344	1344	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 31 SENATE BILL 972 29
1345	1345
1346	1346
1347	1347
1348	1348	(2) Representing to the public, by title, description of services, methods, 1
1349	1349	procedures, or otherwise, that the individual is authorized to practice: 2
1350	1350
1351	1351	(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 3
1352	1352	title; 4
1353	1353
1354	1354	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 5
1355	1355	title; 6
1356	1356
1357	1357	(iii) Radiation therapy, radiography, nuclear medicine technology, or 7
1358	1358	radiation assistance in this State, in violation of § 14–5B–18 of this title; 8
1359	1359
1360	1360	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 9
1361	1361	title; 10
1362	1362
1363	1363	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 11
1364	1364	this title; 12
1365	1365
1366	1366	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 13
1367	1367
1368	1368	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 14
1369	1369	of this title; [or] 15
1370	1370
1371	1371	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 16
1372	1372	14–5G–24 OF THIS TITLE; OR 17
1373	1373
1374	1374	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 18
1375	1375	this article] § 14–5H–19 OF THIS TITLE; or 19
1376	1376
1377	1377	(3) Taking any action: 20
1378	1378
1379	1379	(i) For which a disciplinary panel determines there is a 21
1380	1380	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 22
1381	1381	and 23
1382	1382
1383	1383	(ii) That poses a serious risk to the health, safety, and welfare of a 24
1384	1384	patient. 25
1385	1385
1386	1386	14–402. 26
1387	1387
1388	1388	(a) In reviewing an application for licensure or in investigating an allegation 27
1389	1389	brought against a licensed physician or any allied health professional regulated by the 28
1390	1390	Board under this title, the [Physician] Rehabilitation Program may request the Board to 29
1391	1391	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 30 30 SENATE BILL 972
1392	1392
1393	1393
1394	1394	physician or any allied health professional regulated by the Board under this title to submit 1
1395	1395	to an appropriate examination. 2
1396	1396
1397	1397	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 3
1398	1398	to submit to an examination is prima facie evidence of the licensed individual’s OR 4
1399	1399	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 5
1400	1400	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 6
1401	1401	the licensed individual OR APPLICANT . 7
1402	1402
1403	1403	(e) (1) The Board or the entity or entities with which the Board contracts shall 8
1404	1404	appoint the members of the [Physician] Rehabilitation Program. 9
1405	1405
1406	1406	(2) The chair of the Board shall appoint one member of the Board to serve 10
1407	1407	as a liaison to the [Physician] Rehabilitation Program. 11
1408	1408
1409	1409	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 12
1410	1410	Auditor as provided in § 2–1220 of the State Government Article. 13
1411	1411
1412	1412	14–404. 14
1413	1413
1414	1414	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 15
1415	1415	PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 16
1416	1416	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 17
1417	1417	APPLICANT’S LICENSE, REFUSE TO RENEW OR REINSTATE A N APPLICANT’S LICENSE 18
1418	1418	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 19
1419	1419	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 20
1420	1420	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 21
1421	1421
1422	1422	14–405. 22
1423	1423
1424	1424	(a) Except as otherwise provided in the Administrative Procedure Act, before the 23
1425	1425	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 24
1426	1426	or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 25
1427	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	1428	it shall give the individual against whom the action is contemplated an opportunity for a 27
1429	1429	hearing before a hearing officer. 28
1430	1430
1431	1431	[(g)] (F) The hearing of charges may not be stayed or challenged by any 29
1432	1432	procedural defects alleged to have occurred prior to the filing of charges. 30
1433	1433
1434	1434	14–406. 31
1435	1435
1436	1436	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 32
1437	1437	panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 33
1438	1438	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 34 SENATE BILL 972 31
1439	1439
1440	1440
1441	1441	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 1
1442	1442	with the Administrative Procedure Act. 2
1443	1443
1444	1444	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 3
1445	1445	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 4
1446	1446	14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 5
1447	1447	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 6
1448	1448
1449	1449	(1) Immediately shall dismiss the charges and exonerate the licensee; 7
1450	1450
1451	1451	(2) (i) Except as provided in item (ii) of this item, shall expunge all 8
1452	1452	records of the charges 3 years after the charges are dismissed; or 9
1453	1453
1454	1454	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 10
1455	1455	a document releasing the Board from any liability related to the charges, shall immediately 11
1456	1456	expunge all records of the charges; and 12
1457	1457
1458	1458	(3) May not take any further action on the charges. 13
1459	1459
1460	1460	14–409. 14
1461	1461
1462	1462	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 15
1463	1463	ON THE AFFIRMATIVE VOTE OF A MAJ ORITY OF THE QUORUM OF THE DISCIPLINARY 16
1464	1464	PANEL, may reinstate the license of an individual whose license has been surrendered or 17
1465	1465	revoked under this title only in accordance with: 18
1466	1466
1467	1467	(i) The terms and conditions of the order of revocation or letter of 19
1468	1468	surrender; 20
1469	1469
1470	1470	(ii) An order of reinstatement issued by the disciplinary panel; or 21
1471	1471
1472	1472	(iii) A final judgment in any proceeding for review. 22
1473	1473
1474	1474	(2) If a license is surrendered or revoked for a period of more than 1 year, 23
1475	1475	the Board OR A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 24
1476	1476
1477	1477	(i) Meets the requirements for reinstatement as established by the 25
1478	1478	Board; and 26
1479	1479
1480	1480	(ii) Completes a criminal history records check in accordance with [§ 27
1481	1481	14–308.1] § 14–302 of this title. 28
1482	1482
1483	1483	(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 29
1484	1484	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 30
1485	1485	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 31 32 SENATE BILL 972
1486	1486
1487	1487
1488	1488	conviction or plea subsequently is overturned at any stage of an appeal or other 1
1489	1489	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 2
1490	1490
1491	1491	14–411. 3
1492	1492
1493	1493	(d) The Board shall disclose any information contained in a record to: 4
1494	1494
1495	1495	(1) A committee of a hospital, health maintenance organization, or related 5
1496	1496	institution if: 6
1497	1497
1498	1498	(i) The committee of a medical hospital staff concerned with 7
1499	1499	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 8
1500	1500	organization, or related institution requests the information in writing; 9
1501	1501
1502	1502	(ii) A disciplinary panel has issued an order as to a [licensed 10
1503	1503	physician] LICENSEE on whom the information is requested; and 11
1504	1504
1505	1505	(iii) The Board determines that the information requested is 12
1506	1506	necessary for an investigation or action of the committee as to a medical privilege of a 13
1507	1507	[licensed physician] LICENSEE; or 14
1508	1508
1509	1509	(2) The Secretary, the Office of Health Care Quality in the Department, 15
1510	1510	the Maryland Health Care Commission, or the Health Services Cost Review Commission 16
1511	1511	for the purpose of investigating quality or utilization of care in any entity regulated by the 17
1512	1512	Office of Health Care Quality or the Health Services Cost Review Commission. 18
1513	1513
1514	1514	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 19
1515	1515	or other health care facilities where a [physician or an allied health professional] 20
1516	1516	LICENSEE regulated by the Board has privileges, has a provider contract with a health 21
1517	1517	maintenance organization, or is employed of a complaint or report filed against that 22
1518	1518	[physician] LICENSEE, if: 23
1519	1519
1520	1520	(i) The Board determines, in its discretion, that the hospital, health 24
1521	1521	maintenance organization, or health care facility should be informed about the report or 25
1522	1522	complaint; 26
1523	1523
1524	1524	(ii) The nature of the complaint suggests a reasonable possibility of 27
1525	1525	an imminent threat to patient safety; or 28
1526	1526
1527	1527	(iii) The complaint or report was as a result of a claim filed in the 29
1528	1528	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 30
1529	1529	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 31
1530	1530
1531	1531	(2) The Board shall disclose any information pertaining to a [physician’s] 32
1532	1532	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 33 SENATE BILL 972 33
1533	1533
1534	1534
1535	1535	to a committee of a hospital, health maintenance organization, or other health care facility 1
1536	1536	if: 2
1537	1537
1538	1538	(i) The committee is concerned with [physician] LICENSEE 3
1539	1539	discipline and requests the information in writing; and 4
1540	1540
1541	1541	(ii) The Board has received a complaint or report pursuant to 5
1542	1542	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 6
1543	1543	the information is requested. 7
1544	1544
1545	1545	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 8
1546	1546	this subtitle, notify those hospitals, health maintenance organizations, or health care 9
1547	1547	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 10
1548	1548	health maintenance organization, or is employed of its formal action within 10 days after 11
1549	1549	the action is taken and shall provide the hospital, health maintenance organization, or 12
1550	1550	health care facility with periodic reports as to enforcement or monitoring of a formal 13
1551	1551	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 14
1552	1552	reports. 15
1553	1553
1554	1554	(h) On the request of a person who has made a complaint to the Board regarding 16
1555	1555	a [physician] LICENSEE, the Board shall provide the person with information on the status 17
1556	1556	of the complaint. 18
1557	1557
1558	1558	(j) The Board may disclose any information contained in a record to a licensing 19
1559	1559	or disciplinary authority of another state if: 20
1560	1560
1561	1561	(1) The licensing or disciplinary authority of another state that regulates 21
1562	1562	[licensed physicians] LICENSEES in that state requests the information in writing; and 22
1563	1563
1564	1564	(2) The disclosure of any information is limited to the pendency of an 23
1565	1565	allegation of a ground for disciplinary or other action by a disciplinary panel until: 24
1566	1566
1567	1567	(i) The disciplinary panel has passed an order under § 14–406 of 25
1568	1568	this subtitle; or 26
1569	1569
1570	1570	(ii) A [licensed physician] LICENSEE on whom the information is 27
1571	1571	requested authorizes a disclosure as to the facts of an allegation or the results of an 28
1572	1572	investigation before the Board. 29
1573	1573
1574	1574	(k) The Board may disclose any information contained in a record to a person if: 30
1575	1575
1576	1576	(1) A [licensed physician] LICENSEE on whom any information is 31
1577	1577	requested authorizes the person to receive the disclosure; 32
1578	1578
1579	1579	(2) The person requests the information in writing; and 33
1580	1580	34 SENATE BILL 972
1581	1581
1582	1582
1583	1583	(3) The authorization for the disclosure is in writing. 1
1584	1584
1585	1585	(p) (1) The Board may publish a summary of any allegations of grounds for 2
1586	1586	disciplinary or other action. 3
1587	1587
1588	1588	(2) A summary may not identify: 4
1589	1589
1590	1590	(i) Any person who makes an allegation to the Board or any of its 5
1591	1591	investigatory bodies; 6
1592	1592
1593	1593	(ii) A [licensed physician] LICENSEE about whom an allegation is 7
1594	1594	made; or 8
1595	1595
1596	1596	(iii) A witness in an investigation or a proceeding before the Board or 9
1597	1597	any of its investigatory bodies. 10
1598	1598
1599	1599	14–411.1. 11
1600	1600
1601	1601	(b) The Board shall create and maintain a public individual profile on each 12
1602	1602	licensee that includes the following information: 13
1603	1603
1604	1604	(1) A summary of charges filed against the licensee, including a copy of the 14
1605	1605	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 15
1606	1606	of this subtitle based on the charges or has rescinded the charges; 16
1607	1607
1608	1608	(2) A description of any disciplinary action taken by the Board or a 17
1609	1609	disciplinary panel against the licensee within the most recent 10–year period that includes 18
1610	1610	a copy of the public order; 19
1611	1611
1612	1612	(3) A description in summary form of any final disciplinary action taken by 20
1613	1613	a licensing board in any other state or jurisdiction against the licensee within the most 21
1614	1614	recent 10–year period; 22
1615	1615
1616	1616	(4) A description of a conviction or entry of a plea of guilty or nolo 23
1617	1617	contendere by the licensee for a crime involving moral turpitude reported to the Board 24
1618	1618	under § 14–416 of this subtitle; and 25
1619	1619
1620	1620	[(5) As reported to the Board by the licensee, education and practice 26
1621	1621	information about the licensee including: 27
1622	1622
1623	1623	(i) The name of any medical school that the licensee attended and 28
1624	1624	the date on which the licensee graduated from the school; 29
1625	1625
1626	1626	(ii) A description of any internship and residency training; 30
1627	1627	SENATE BILL 972 35
1628	1628
1629	1629
1630	1630	(iii) A description of any specialty board certification by a recognized 1
1631	1631	board of the American Board of Medical Specialties or the American Osteopathic 2
1632	1632	Association; 3
1633	1633
1634	1634	(iv) The name of any hospital where the licensee has medical 4
1635	1635	privileges; 5
1636	1636
1637	1637	(v) The location of the licensee’s primary practice setting; 6
1638	1638
1639	1639	(vi) Whether the licensee participates in the Maryland Medical 7
1640	1640	Assistance Program; 8
1641	1641
1642	1642	(vii) Whether the licensee maintains medical professional liability 9
1643	1643	insurance; and 10
1644	1644
1645	1645	(viii) The number of medical malpractice final court judgments and 11
1646	1646	arbitration awards against the licensee within the most recent 10–year period.] 12
1647	1647
1648	1648	(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 13
1649	1649	OF THIS TITLE. 14
1650	1650
1651	1651	(c) In addition to the requirements of subsection (b) of this section, the Board 15
1652	1652	shall: 16
1653	1653
1654	1654	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 17
1655	1655	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 18
1656	1656	BOARD’S WEBSITE; 19
1657	1657
1658	1658	(2) Provide appropriate and accessible Internet links from the Board’s 20
1659	1659	[Internet site] WEBSITE: 21
1660	1660
1661	1661	(i) To the extent available, to the appropriate portion of the 22
1662	1662	[Internet site] WEBSITE of each health maintenance organization licensed in this State 23
1663	1663	which will allow the public to ascertain the names of the physicians affiliated with the 24
1664	1664	health maintenance organization; and 25
1665	1665
1666	1666	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 26
1667	1667	American Medical Association; 27
1668	1668
1669	1669	[(2)] (3) Include a statement on each licensee’s profile of information to 28
1670	1670	be taken into consideration by a consumer when viewing a licensee’s profile, including 29
1671	1671	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 30
1672	1672	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 31
1673	1673	and 32
1674	1674
1675	1675	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 33 36 SENATE BILL 972
1676	1676
1677	1677
1678	1678
1679	1679	(i) Notification that a person may contact the Board by telephone, 1
1680	1680	electronic mail, or written request to find out whether the number of medical malpractice 2
1681	1681	settlements involving a particular licensee totals three or more with a settlement amount 3
1682	1682	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 4
1683	1683
1684	1684	(ii) A telephone number, electronic mail address, and physical 5
1685	1685	address through which a person may contact the Board to request the information required 6
1686	1686	to be provided under item (i) of this item. 7
1687	1687
1688	1688	(d) The Board: 8
1689	1689
1690	1690	(1) On receipt of a written request for a licensee’s profile from any person, 9
1691	1691	shall forward a written copy of the profile to the person; 10
1692	1692
1693	1693	(2) Shall maintain a website that serves as a single point of entry where 11
1694	1694	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 12
1695	1695	public on the Internet; and 13
1696	1696
1697	1697	(3) On receipt of a verbal, electronic, or written request in accordance with 14
1698	1698	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 15
1699	1699	days of the request. 16
1700	1700
1701	1701	14–413. 17
1702	1702
1703	1703	(A) A person may not make any false statement, report, or representation to the 18
1704	1704	Board or a disciplinary panel. 19
1705	1705
1706	1706	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF TH IS SUBTITLE IS 20
1707	1707	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 21
1708	1708	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 22
1709	1709
1710	1710	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
1711	1711	SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
1712	1712
1713	1713	14–416. 25
1714	1714
1715	1715	(a) Each court shall report to the Board each conviction of or entry of a plea of 26
1716	1716	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 27
1717	1717	turpitude. 28
1718	1718
1719	1719	14–417. 29
1720	1720
1721	1721	(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 30
1722	1722	IN WRITING OF ANY CHANG E IN THE LICENSEE’S NAME OR ADDRESS WI THIN 60 DAYS 31
1723	1723	AFTER THE CHANGE . 32 SENATE BILL 972 37
1724	1724
1725	1725
1726	1726
1727	1727	(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETA RY OF THE BOARD 1
1728	1728	WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 2
1729	1729	AN ADMINISTRATIVE PE NALTY OF $100. 3
1730	1730
1731	1731	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 4
1732	1732	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 5
1733	1733	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 6
1734	1734	EDUCATION CREDITS RE QUIRED BY THE BOARD. 7
1735	1735
1736	1736	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 8
1737	1737
1738	1738	14–503. 9
1739	1739
1740	1740	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 10
1741	1741	this section. 11
1742	1742
1743	1743	(2) Before it adopts any rule or regulation under this section, the Board 12
1744	1744	shall invite and consider proposals from any individual or health group that could be 13
1745	1745	affected by the rule or regulation. 14
1746	1746
1747	1747	(e) Except as otherwise provided in this section, an individual may perform 15
1748	1748	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 16
1749	1749
1750	1750	(1) Do not include: 17
1751	1751
1752	1752	(i) Computerized or noncomputerized tomography; 18
1753	1753
1754	1754	(ii) Fluoroscopy; 19
1755	1755
1756	1756	(iii) Invasive radiology; 20
1757	1757
1758	1758	(iv) Mammography; 21
1759	1759
1760	1760	(v) Nuclear medicine; 22
1761	1761
1762	1762	(vi) Radiation therapy; or 23
1763	1763
1764	1764	(vii) Xerography; 24
1765	1765
1766	1766	(2) Are limited to X–ray procedures of the: 25
1767	1767
1768	1768	(i) Chest, anterior–posterior and lateral; 26
1769	1769
1770	1770	(ii) Spine, anterior–posterior and lateral; or 27
1771	1771	38 SENATE BILL 972
1772	1772
1773	1773
1774	1774	(iii) Extremities, anterior–posterior and lateral, not including the 1
1775	1775	head; and 2
1776	1776
1777	1777	(3) Are performed: 3
1778	1778
1779	1779	(i) By an individual who is not employed primarily to perform 4
1780	1780	X–ray duties; 5
1781	1781
1782	1782	(ii) In the medical office of the physician who delegates the duties; 6
1783	1783	and 7
1784	1784
1785	1785	(iii) 1. By an individual who, before October 1, 2002, has: 8
1786	1786
1787	1787	A. Taken a course consisting of at least 30 hours of training 9
1788	1788	in performing X–ray procedures approved by the Maryland Radiological Society in 10
1789	1789	consultation with the Maryland Society of Radiologic Technologists; and 11
1790	1790
1791	1791	B. Successfully passed an examination based on that course 12
1792	1792	that has been approved by the Maryland Radiological Society in consultation with the 13
1793	1793	Maryland Society of Radiologic Technologists; or 14
1794	1794
1795	1795	2. By a licensed physician assistant who has completed a 15
1796	1796	course that includes anterior–posterior and lateral radiographic studies of extremities on 16
1797	1797	at least 20 separate patients under the direct supervision of the delegating physician or 17
1798	1798	radiologist using a mini C–arm or similar low–level radiation machine to perform 18
1799	1799	nonfluoroscopic X–ray procedures, if the duties: 19
1800	1800
1801	1801	A. Include only the X–ray procedures described in paragraph 20
1802	1802	(2)(iii) of this subsection; and 21
1803	1803
1804	1804	B. Are performed pursuant to a Board–approved delegation 22
1805	1805	agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 23
1806	1806	14–5H–08(C)(2) of this [article] TITLE. 24
1807	1807
1808	1808	14–504. 25
1809	1809
1810	1810	(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 26
1811	1811	THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 27
1812	1812	REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 28
1813	1813
1814	1814	(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE , THE APPLICANT 29
1815	1815	SHALL: 30
1816	1816
1817	1817	(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 31
1818	1818	MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 32
1819	1819	THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 33 SENATE BILL 972 39
1820	1820
1821	1821
1822	1822
1823	1823	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 1
1824	1824	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A P OSTGRADUATE MEDICAL 2
1825	1825	TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 3
1826	1826	THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 4
1827	1827
1828	1828	(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 5
1829	1829	SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 6
1830	1830	POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 7
1831	1831	EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 8
1832	1832	ASSOCIATION; AND 9
1833	1833
1834	1834	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 10
1835	1835	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAI NING IN A POSTGRADUA TE MEDICAL 11
1836	1836	TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 12
1837	1837	BOARD RECOGNIZES IN I TS REGULATIONS . 13
1838	1838
1839	1839	(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 14
1840	1840	MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 15
1841	1841	AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 16
1842	1842	THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 17
1843	1843
1844	1844	(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 18
1845	1845	RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATI ON COUNCIL ON 19
1846	1846	GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 20
1847	1847
1848	1848	(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 21
1849	1849	MEDICINE: 22
1850	1850
1851	1851	1. IN THE UNITED STATES OR IN CANADA; 23
1852	1852
1853	1853	2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 24
1854	1854	WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 25
1855	1855
1856	1856	3. THAT OCCURRED UNDER A FULL UNRESTRICTED 26
1857	1857	LICENSE TO PRACTICE MEDICINE; AND 27
1858	1858
1859	1859	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 28
1860	1860	DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 29
1861	1861	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 30
1862	1862
1863	1863	(3) IS BOARD CERTIFIED . 31
1864	1864	40 SENATE BILL 972
1865	1865
1866	1866
1867	1867	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 1
1868	1868	MEDICINE IF: 2
1869	1869
1870	1870	(I) THE APPLICANT: 3
1871	1871
1872	1872	1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 4
1873	1873	ANOTHER JURISDICTION UNDER REQUIREMENTS THAT THE BOARD DETERMINES 5
1874	1874	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 6
1875	1875	TITLE; 7
1876	1876
1877	1877	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 8
1878	1878	OTHER JURISDICTION ; 9
1879	1879
1880	1880	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 10
1881	1881	THAT THE BOARD REQUI RES; AND 11
1882	1882
1883	1883	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 12
1884	1884	THE BOARD; AND 13
1885	1885
1886	1886	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 14
1887	1887	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 15
1888	1888	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 16
1889	1889
1890	1890	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 17
1891	1891	SUBSECTION. 18
1892	1892
1893	1893	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 19
1894	1894	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 20
1895	1895	METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS MEDICAL 21
1896	1896	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 22
1897	1897
1898	1898	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 23
1899	1899	LICENSEE SEEKING REN EWAL TO RECEIVE UP T O 5 CONTINUING EDUCATION 24
1900	1900	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 25
1901	1901	MEDICAL SERVIC ES DURING EACH RENEW AL PERIOD. 26
1902	1902
1903	1903	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 27
1904	1904	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 28
1905	1905	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 29
1906	1906	THAT COMMUNITY 30
1907	1907
1908	1908	14–505. 31
1909	1909	SENATE BILL 972 41
1910	1910
1911	1911
1912	1912	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 1
1913	1913	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 2
1914	1914	subtitle, if the applicant: 3
1915	1915
1916	1916	(1) Has studied medicine at a foreign medical school; 4
1917	1917
1918	1918	(2) Is certified by the Educational Commission for Foreign Medical 5
1919	1919	Graduates or by its successor as approved by the Board; 6
1920	1920
1921	1921	(3) Passes a qualifying examination for foreign medical school graduates 7
1922	1922	required by the Board; 8
1923	1923
1924	1924	(4) Meets any other qualifications for foreign medical school graduates that 9
1925	1925	the Board establishes in its regulation for licensing of applicants; 10
1926	1926
1927	1927	(5) Submits acceptable evidence to the Board of the requirements set in the 11
1928	1928	Board’s regulations; and 12
1929	1929
1930	1930	(6) Meets one of the following requirements: 13
1931	1931
1932	1932	(i) The applicant graduated from any foreign medical school and 14
1933	1933	submits evidence acceptable to the Board of successful completion of 2 years of training in 15
1934	1934	a postgraduate medical education program accredited by an accrediting organization 16
1935	1935	recognized by the Board; or 17
1936	1936
1937	1937	(ii) The applicant successfully completed a fifth pathway program 18
1938	1938	and submits evidence acceptable to the Board that the applicant: 19
1939	1939
1940	1940	1. Has a document issued by the foreign medical school 20
1941	1941	certifying that the applicant completed all of the formal requirements of that school for the 21
1942	1942	study of medicine, except for the postgraduate or social service components as required by 22
1943	1943	the foreign country or its medical school; 23
1944	1944
1945	1945	2. Has successfully completed a fifth pathway program; and 24
1946	1946
1947	1947	3. Has successfully completed 2 years of training in a 25
1948	1948	postgraduate medical education program following completion of a Board approved fifth 26
1949	1949	pathway program. 27
1950	1950
1951	1951	14–506. 28
1952	1952
1953	1953	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 29
1954	1954	under this title is entitled to sit for an examination as provided under this section or any 30
1955	1955	regulations adopted to carry out this section. 31
1956	1956
1957	1957	14–510. 32
1958	1958	42 SENATE BILL 972
1959	1959
1960	1960
1961	1961	(a) The Board may: 1
1962	1962
1963	1963	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 2
1964	1964	conceded eminence and authority of the applicant in the profession if the applicant: 3
1965	1965
1966	1966	(i) Is recommended to the Board by: 4
1967	1967
1968	1968	1. The dean of a school of medicine in the State; or 5
1969	1969
1970	1970	2. The Director of the National Institutes of Health; 6
1971	1971
1972	1972	(ii) Is to receive an appointment at the institution making the 7
1973	1973	recommendation under item (i) of this paragraph; and 8
1974	1974
1975	1975	(iii) Meets any other requirement the Board may adopt by regulation 9
1976	1976	under this section; 10
1977	1977
1978	1978	(2) Define by regulation the term “conceded eminence and authority in the 11
1979	1979	profession” and, for this purpose, shall consider such criteria as: 12
1980	1980
1981	1981	(i) Academic appointments; 13
1982	1982
1983	1983	(ii) Length of time in the profession; 14
1984	1984
1985	1985	(iii) Scholarly publications; and 15
1986	1986
1987	1987	(iv) Professional accomplishments; 16
1988	1988
1989	1989	(3) Adopt regulations concerning the further qualifications of an applicant 17
1990	1990	for licensure, including conditions of employment, application procedures, and fees under 18
1991	1991	this section; 19
1992	1992
1993	1993	(4) Allow an exception to the general education and examination 20
1994	1994	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 21
1995	1995	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 22
1996	1996	14–301(A) THROUGH (C) of this [subtitle] TITLE; 23
1997	1997
1998	1998	(5) Qualify, restrict, or otherwise limit a license granted under this section; 24
1999	1999	and 25
2000	2000
2001	2001	(6) Require a 6–month probationary period during which the medical 26
2002	2002	services performed by the applicant granted a license under this section are supervised by 27
2003	2003	another licensed physician. 28
2004	2004
2005	2005	14–511. 29
2006	2006	SENATE BILL 972 43
2007	2007
2008	2008
2009	2009	(b) The Board shall issue a license to an individual who is on inactive status if the 1
2010	2010	individual: 2
2011	2011
2012	2012	(1) Submits to the Board: 3
2013	2013
2014	2014	(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 4
2015	2015	of this [subtitle] TITLE; 5
2016	2016
2017	2017	(ii) Satisfactory evidence of compliance with the continuing 6
2018	2018	education requirements the Board adopts for this purpose; and 7
2019	2019
2020	2020	(iii) A reinstatement fee set by the Board; and 8
2021	2021
2022	2022	(2) Is otherwise entitled to be licensed. 9
2023	2023
2024	2024	14–513. 10
2025	2025
2026	2026	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 11
2027	2027	OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING 12
2028	2028	$500. 13
2029	2029
2030	2030	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 14
2031	2031	SECTION INTO THE BOARD OF PHYSICIANS FUND. 15
2032	2032
2033	2033	14–514. 16
2034	2034
2035	2035	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 17
2036	2036	IS MADE BY A PATIENT OR A FAMILY MEMBER OF A PATIENT BASED O N § 18
2037	2037	14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 19
2038	2038	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 20
2039	2039	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 21
2040	2040	PRESENT AT OR ABOUT THE TIME THAT THE INCIDE NT THAT GAVE RISE TO THE 22
2041	2041	ALLEGATION OCCURRED . 23
2042	2042
2043	2043	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 24
2044	2044	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 25
2045	2045	DISCIPLINARY PANEL M AY: 26
2046	2046
2047	2047	(I) REFER AN ALLEGATION F OR FURTHE R INVESTIGATION TO 27
2048	2048	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 28
2049	2049	THIS SECTION; OR 29
2050	2050
2051	2051	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 30
2052	2052	NECESSARY. 31 44 SENATE BILL 972
2053	2053
2054	2054
2055	2055
2056	2056	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 1
2057	2057	COMPLETING THE PRELI MINARY INVEST IGATION, THE DISCIPLINARY PAN EL FINDS 2
2058	2058	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 3
2059	2059	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 4
2060	2060	THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 5
2061	2061	SECTION FOR FURTHER INVESTIG ATION AND PHYSICIAN PEER REVIEW WITHIN T HE 6
2062	2062	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 7
2063	2063
2064	2064	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 8
2065	2065	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 9
2066	2066	UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 10
2067	2067	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 11
2068	2068
2069	2069	(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 12
2070	2070	PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 13
2071	2071	ANCILLARY SERVICES D OES NOT CONSTITUTE G ROUNDS FOR DISCIPLIN ARY OR 14
2072	2072	OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 15
2073	2073	THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 16
2074	2074
2075	2075	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 17
2076	2076	COMPLAINTS THAT SET FORTH ALLEGATIONS OF GROUNDS FOR DISCIPLINARY 18
2077	2077	ACTION UNDER § 14–515 OF THIS SUBTITLE. 19
2078	2078
2079	2079	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 20
2080	2080	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 21
2081	2081	CONFIDENTIAL PHYSICI AN PEER REVIEW OF AL LEGATIONS BASED ON § 22
2082	2082	14–515(A)(22) OF THIS SUBTITLE. 23
2083	2083
2084	2084	(2) A PEER REVIEWER SHALL : 24
2085	2085
2086	2086	(I) BE BOARD CERTIFIED ; 25
2087	2087
2088	2088	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 26
2089	2089	HAND; 27
2090	2090
2091	2091	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 28
2092	2092	EXPERIENCE AND TRAIN ING; 29
2093	2093
2094	2094	(IV) HAVE NO FORMAL ACTIONS AGAINST THE PEER REVIEWER ’S 30
2095	2095	OWN LICENSE; 31
2096	2096
2097	2097	(V) RECEIVE TRAINING IN P EER REVIEW; 32 SENATE BILL 972 45
2098	2098
2099	2099
2100	2100
2101	2101	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 1
2102	2102	AND 2
2103	2103
2104	2104	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 3
2105	2105	IN THE PRACTICE OF M EDICINE IN THE STATE. 4
2106	2106
2107	2107	(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 5
2108	2108	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 6
2109	2109	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 7
2110	2110
2111	2111	14–515. 8
2112	2112
2113	2113	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 9
2114	2114	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 10
2115	2115	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 11
2116	2116	a license if the licensee: 12
2117	2117
2118	2118	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 13
2119	2119	the applicant or licensee or for another; 14
2120	2120
2121	2121	(2) Fraudulently or deceptively uses a license; 15
2122	2122
2123	2123	(3) Is guilty of: 16
2124	2124
2125	2125	(i) Immoral conduct in the practice of medicine; or 17
2126	2126
2127	2127	(ii) Unprofessional conduct in the practice of medicine; 18
2128	2128
2129	2129	(4) Is professionally, physically, or mentally incompetent; 19
2130	2130
2131	2131	(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 20
2132	2132	SUBTITLE; 21
2133	2133
2134	2134	(6) Abandons a patient; 22
2135	2135
2136	2136	(7) Habitually is intoxicated; 23
2137	2137
2138	2138	(8) Is addicted to, or habitually abuses, any narcotic or controlled 24
2139	2139	dangerous substance as defined in § 5–101 of the Criminal Law Article; 25
2140	2140
2141	2141	(9) Provides professional services: 26
2142	2142
2143	2143	(i) While under the influence of alcohol; or 27
2144	2144	46 SENATE BILL 972
2145	2145
2146	2146
2147	2147	(ii) While using any narcotic or controlled dangerous substance, as 1
2148	2148	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 2
2149	2149	amounts or without valid medical indication; 3
2150	2150
2151	2151	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 4
2152	2152	as to exploit the patient for financial gain; 5
2153	2153
2154	2154	(11) Willfully makes or files a false report or record in the practice of 6
2155	2155	medicine; 7
2156	2156
2157	2157	(12) Willfully fails to file or record any medical report as required under law, 8
2158	2158	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 9
2159	2159	to file or record the report; 10
2160	2160
2161	2161	(13) On proper request, and in accordance with the provisions of Title 4, 11
2162	2162	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 12
2163	2163	record to the patient, another physician, or hospital; 13
2164	2164
2165	2165	(14) Solicits professional patronage through an agent or other person or 14
2166	2166	profits from the acts of a person who is represented as an agent of the physician; 15
2167	2167
2168	2168	(15) Pays or agrees to pay any sum to any person for bringing or referring a 16
2169	2169	patient or accepts or agrees to accept any sum from any person for bringing or referring a 17
2170	2170	patient; 18
2171	2171
2172	2172	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 19
2173	2173	the laboratory for a test or test series for a patient, unless the licensed physician discloses 20
2174	2174	on the bill to the patient or third–party payor: 21
2175	2175
2176	2176	(i) The name of the laboratory; 22
2177	2177
2178	2178	(ii) The amount paid to the laboratory for the test or test series; and 23
2179	2179
2180	2180	(iii) The amount of procurement or processing charge of the licensed 24
2181	2181	physician, if any, for each specimen taken; 25
2182	2182
2183	2183	(17) Makes a willful misrepresentation in treatment; 26
2184	2184
2185	2185	(18) Practices medicine with an unauthorized person or aids an 27
2186	2186	unauthorized person in the practice of medicine; 28
2187	2187
2188	2188	(19) Grossly overutilizes health care services; 29
2189	2189
2190	2190	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 30
2191	2191	method, treatment, or medicine; 31
2192	2192	SENATE BILL 972 47
2193	2193
2194	2194
2195	2195	(21) Is disciplined by a licensing or disciplinary authority or convicted or 1
2196	2196	disciplined by a court of any state or country or disciplined by any branch of the United 2
2197	2197	States uniformed services or the Veterans’ Administration for an act that would be grounds 3
2198	2198	for disciplinary action under this section; 4
2199	2199
2200	2200	(22) Fails to meet appropriate standards as determined by appropriate peer 5
2201	2201	review for the delivery of quality medical and surgical care performed in an outpatient 6
2202	2202	surgical facility, office, hospital, or any other location in this State; 7
2203	2203
2204	2204	(23) Willfully submits false statements to collect fees for which services are 8
2205	2205	not provided; 9
2206	2206
2207	2207	(24) Was subject to investigation or disciplinary action by a licensing or 10
2208	2208	disciplinary authority or by a court of any state or country for an act that would be grounds 11
2209	2209	for disciplinary action under this section and the licensee: 12
2210	2210
2211	2211	(i) Surrendered the license issued by the state or country to the 13
2212	2212	state or country; or 14
2213	2213
2214	2214	(ii) Allowed the license issued by the state or country to expire or 15
2215	2215	lapse; 16
2216	2216
2217	2217	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 17
2218	2218	of the Family Law Article; 18
2219	2219
2220	2220	(26) Fails to educate a patient being treated for breast cancer of alternative 19
2221	2221	methods of treatment as required by § 20–113 of the Health – General Article; 20
2222	2222
2223	2223	(27) Sells, prescribes, gives away, or administers drugs for illegal or 21
2224	2224	illegitimate medical purposes; 22
2225	2225
2226	2226	(28) Fails to comply with the provisions of § 12–102 of this article; 23
2227	2227
2228	2228	(29) Refuses, withholds from, denies, or discriminates against an individual 24
2229	2229	with regard to the provision of professional services for which the licensee is licensed and 25
2230	2230	qualified to render because the individual is HIV positive; 26
2231	2231
2232	2232	(30) Except as to an association that has remained in continuous existence 27
2233	2233	since July 1, 1963: 28
2234	2234
2235	2235	(i) Associates with a pharmacist as a partner or co–owner of a 29
2236	2236	pharmacy for the purpose of operating a pharmacy; 30
2237	2237
2238	2238	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 31
2239	2239	or 32
2240	2240	48 SENATE BILL 972
2241	2241
2242	2242
2243	2243	(iii) Contracts with a pharmacist for the purpose of operating a 1
2244	2244	pharmacy; 2
2245	2245
2246	2246	(31) Except in an emergency life–threatening situation where it is not 3
2247	2247	feasible or practicable, fails to comply with the Centers for Disease Control and 4
2248	2248	Prevention’s guidelines on universal precautions; 5
2249	2249
2250	2250	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 6
2251	2251	subtitle; 7
2252	2252
2253	2253	(33) Fails to cooperate with a lawful investigation conducted by the Board 8
2254	2254	or a disciplinary panel; 9
2255	2255
2256	2256	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 10
2257	2257	Article; 11
2258	2258
2259	2259	(35) Is in breach of a service obligation resulting from the applicant’s or 12
2260	2260	licensee’s receipt of State or federal funding for the licensee’s medical education; 13
2261	2261
2262	2262	(36) Willfully makes a false representation when seeking or making 14
2263	2263	application for licensure or any other application related to the practice of medicine; 15
2264	2264
2265	2265	(37) By corrupt means, threats, or force, intimidates or influences, or 16
2266	2266	attempts to intimidate or influence, for the purpose of causing any person to withhold or 17
2267	2267	change testimony in hearings or proceedings before the Board or a disciplinary panel or 18
2268	2268	those otherwise delegated to the Office of Administrative Hearings; 19
2269	2269
2270	2270	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 20
2271	2271	delays any person from making information available to the Board or a disciplinary panel 21
2272	2272	in furtherance of any investigation of the Board or a disciplinary panel; 22
2273	2273
2274	2274	(39) Intentionally misrepresents credentials for the purpose of testifying or 23
2275	2275	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 24
2276	2276	panel or those otherwise delegated to the Office of Administrative Hearings; 25
2277	2277
2278	2278	(40) Fails to keep adequate medical records as determined by appropriate 26
2279	2279	peer review; 27
2280	2280
2281	2281	(41) Performs a cosmetic surgical procedure in an office or a facility that is 28
2282	2282	not: 29
2283	2283
2284	2284	(i) Accredited by: 30
2285	2285
2286	2286	1. The American Association for Accreditation of Ambulatory 31
2287	2287	Surgical Facilities; 32
2288	2288	SENATE BILL 972 49
2289	2289
2290	2290
2291	2291	2. The Accreditation Association for Ambulatory Health 1
2292	2292	Care; or 2
2293	2293
2294	2294	3. The Joint Commission on the Accreditation of Healthcare 3
2295	2295	Organizations; or 4
2296	2296
2297	2297	(ii) Certified to participate in the Medicare program, as enacted by 5
2298	2298	Title XVIII of the Social Security Act; 6
2299	2299
2300	2300	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 7
2301	2301	14–302 of this title; 8
2302	2302
2303	2303	(43) Except for the licensure process described under Subtitle 3A of this title, 9
2304	2304	violates any provision of this title, any rule or regulation adopted by the Board, or any State 10
2305	2305	or federal law pertaining to the practice of medicine; 11
2306	2306
2307	2307	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 12
2308	2308	AND Subtitle 3 of this title; 13
2309	2309
2310	2310	(45) Fails to comply with § 1–223 of this article; or 14
2311	2311
2312	2312	(46) Fails to comply with the requirements of the Prescription Drug 15
2313	2313	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 16
2314	2314
2315	2315	14–516. 17
2316	2316
2317	2317	THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AN D 18
2318	2318	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 19
2319	2319	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 20
2320	2320	THE LICENSEE INCLUDI NG: 21
2321	2321
2322	2322	(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 22
2323	2323	ATTENDED AND THE DATE ON WHICH TH E LICENSEE GRADUATED FROM THE 23
2324	2324	SCHOOL; 24
2325	2325
2326	2326	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 25
2327	2327
2328	2328	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 26
2329	2329	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 27
2330	2330	AMERICAN OSTEOPATHIC ASSOCIATION; 28
2331	2331
2332	2332	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 29
2333	2333	PRIVILEGES; 30
2334	2334
2335	2335	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 31 50 SENATE BILL 972
2336	2336
2337	2337
2338	2338
2339	2339	(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 1
2340	2340	MEDICAL ASSISTANCE PROGRAM; 2
2341	2341
2342	2342	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 3
2343	2343	LIABILITY INSURANCE ; AND 4
2344	2344
2345	2345	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 5
2346	2346	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 6
2347	2347	RECENT 10–YEAR PERIOD. 7
2348	2348
2349	2349	14–517. 8
2350	2350
2351	2351	(a) (1) Each hospital and related institution shall submit to the Board a report 9
2352	2352	within 10 days after: 10
2353	2353
2354	2354	(i) The hospital or related institution denied the application of a 11
2355	2355	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 12
2356	2356	privileges of a physician, or the physician resigned whether or not under formal accusation, 13
2357	2357	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 14
2358	2358	might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 15
2359	2359
2360	2360	(ii) The hospital or related institution took any disciplinary action 16
2361	2361	against a salaried, licensed physician without staff privileges, including termination of 17
2362	2362	employment, suspension, or probation, for reasons that might be grounds for disciplinary 18
2363	2363	action under [§ 14–404] § 14–515 of this subtitle; 19
2364	2364
2365	2365	(iii) A licensed physician voluntarily resigned from the staff, employ, 20
2366	2366	or training program of the hospital or related institution for reasons that might be grounds 21
2367	2367	for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 22
2368	2368
2369	2369	(iv) The hospital or related institution placed any other restrictions 23
2370	2370	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 24
2371	2371	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 25
2372	2372	§ 14–515 of this subtitle. 26
2373	2373
2374	2374	14–518. 27
2375	2375
2376	2376	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 28
2377	2377	submit to the Board a report within 10 days after: 29
2378	2378
2379	2379	(i) The alternative health system denied the formal application of a 30
2380	2380	physician to contract with the alternative health system or limited, reduced, otherwise 31
2381	2381	changed, or terminated the contract of a physician, or the physician resigned whether or 32
2382	2382	not under formal accusation, if the denial, limitation, reduction, change, termination, or 33 SENATE BILL 972 51
2383	2383
2384	2384
2385	2385	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 1
2386	2386	14–515 of this subtitle; or 2
2387	2387
2388	2388	(ii) The alternative health system placed any other restrictions or 3
2389	2389	conditions on any licensed physician for any reasons that might be grounds for disciplinary 4
2390	2390	action under [§ 14–404] § 14–515 of this subtitle. 5
2391	2391
2392	2392	14–521. 6
2393	2393
2394	2394	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTIO N IS 7
2395	2395	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 8
2396	2396	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 9
2397	2397
2398	2398	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
2399	2399	SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
2400	2400
2401	2401	14–524. 12
2402	2402
2403	2403	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 13
2404	2404	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 14
2405	2405	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 15
2406	2406
2407	2407	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTE D UNDER THIS 16
2408	2408	SECTION INTO THE BOARD OF PHYSICIANS FUND. 17
2409	2409
2410	2410	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 18
2411	2411	or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 19
2412	2412	by injunction or other appropriate proceedings. 20
2413	2413
2414	2414	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 21
2415	2415	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 22
2416	2416	SECTION. 23
2417	2417
2418	2418	14–525. 24
2419	2419
2420	2420	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 25
2421	2421	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
2422	2422	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 27
2423	2423
2424	2424	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UNDER TH IS 28
2425	2425	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 29
2426	2426	PENALTY OF NOT MORE THAN $100. 30
2427	2427	52 SENATE BILL 972
2428	2428
2429	2429
2430	2430	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
2431	2431	SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
2432	2432
2433	2433	14–527. 3
2434	2434
2435	2435	(A) Except as otherwise provided in this title, a person may not practice, attempt 4
2436	2436	to practice, or offer to practice medicine in this State unless licensed by the Board. 5
2437	2437
2438	2438	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 6
2439	2439	PERSON WHO VIOLATES THIS SECTION IS: 7
2440	2440
2441	2441	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 8
2442	2442	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 9
2443	2443	BOTH; AND 10
2444	2444
2445	2445	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 11
2446	2446	BE LEVIED BY A DISCI PLINARY PANEL . 12
2447	2447
2448	2448	(2) THE PROVISIONS OF PARAGRAPH (1) OF THIS SUBSECTION D O 13
2449	2449	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 14
2450	2450	§ 14–306 OF THIS TITLE IF: 15
2451	2451
2452	2452	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 16
2453	2453	OF THE LICENSE; AND 17
2454	2454
2455	2455	(II) THE FORMER LICENSEE H AS APPLIED FOR LICENSE 18
2456	2456	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 19
2457	2457
2458	2458	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 20
2459	2459	SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
2460	2460
2461	2461	14–528. 22
2462	2462
2463	2463	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 23
2464	2464	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 24
2465	2465	word to describe the occupation of the individual as in phrases such as “physician’s 25
2466	2466	assistant” or “physician’s aide”. 26
2467	2467
2468	2468	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 27
2469	2469	PERSON WHO VIOLATES THIS SECTION IS: 28
2470	2470
2471	2471	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 29
2472	2472	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 30
2473	2473	BOTH; AND 31 SENATE BILL 972 53
2474	2474
2475	2475
2476	2476
2477	2477	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE T HAN $50,000 TO 1
2478	2478	BE LEVIED BY A DISCI PLINARY PANEL . 2
2479	2479
2480	2480	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 3
2481	2481	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 4
2482	2482	§ 14–306 OF THIS TITLE IF: 5
2483	2483
2484	2484	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 6
2485	2485	OF THE LICENSE; AND 7
2486	2486
2487	2487	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 8
2488	2488	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 9
2489	2489
2490	2490	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
2491	2491	SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
2492	2492
2493	2493	14–5A–01. 12
2494	2494
2495	2495	(a) In this subtitle the following words have the meanings indicated. 13
2496	2496
2497	2497	(c) “Committee” means the Respiratory Care [Professional Standards] 14
2498	2498	ADVISORY Committee established under § 14–5A–05 of this subtitle. 15
2499	2499
2500	2500	14–5A–05. 16
2501	2501
2502	2502	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 17
2503	2503	the Board. 18
2504	2504
2505	2505	14–5A–06. 19
2506	2506
2507	2507	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 20
2508	2508
2509	2509	14–5A–09. 21
2510	2510
2511	2511	[(a) To qualify for a license, an applicant shall be an individual who meets the 22
2512	2512	requirements of this section. 23
2513	2513
2514	2514	(b) The applicant shall be of good moral character. 24
2515	2515
2516	2516	(c) The applicant shall be at least 18 years old. 25
2517	2517
2518	2518	(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 26
2519	2519	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 27
2520	2520	54 SENATE BILL 972
2521	2521
2522	2522
2523	2523	(1) Meet] MEET any educational, training, or examination requirements 1
2524	2524	established by the Board including: 2
2525	2525
2526	2526	[(i)] (1) Graduation from an appropriate educational program as 3
2527	2527	determined by the Board; and 4
2528	2528
2529	2529	[(ii)] (2) Certification by a national certifying board approved by 5
2530	2530	the Board[; and 6
2531	2531
2532	2532	(2) Demonstrate oral and written competency in English as required by the 7
2533	2533	Board]. 8
2534	2534
2535	2535	[(e) The applicant shall complete a criminal history records check in accordance 9
2536	2536	with § 14–308.1 of this title.] 10
2537	2537
2538	2538	14–5A–17. 11
2539	2539
2540	2540	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 12
2541	2541	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 13
2542	2542	license to any applicant,] reprimand any licensee, place any licensee on probation, or 14
2543	2543	suspend or revoke a license, if the [applicant or] licensee: 15
2544	2544
2545	2545	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 16
2546	2546	the applicant, licensee, or for another; 17
2547	2547
2548	2548	(2) Fraudulently or deceptively uses a license; 18
2549	2549
2550	2550	(3) Is guilty of unprofessional or immoral conduct in the practice of 19
2551	2551	respiratory care; 20
2552	2552
2553	2553	(4) Is professionally, physically, or mentally incompetent; 21
2554	2554
2555	2555	(5) Abandons a patient; 22
2556	2556
2557	2557	(6) Is habitually intoxicated; 23
2558	2558
2559	2559	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 24
2560	2560	substance as defined in § 5–101 of the Criminal Law Article; 25
2561	2561
2562	2562	(8) Provides professional services while: 26
2563	2563
2564	2564	(i) Under the influence of alcohol; or 27
2565	2565
2566	2566	(ii) Using any narcotic or controlled dangerous substance as defined 28
2567	2567	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 29
2568	2568	amounts or without valid medical indication; 30 SENATE BILL 972 55
2569	2569
2570	2570
2571	2571
2572	2572	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 1
2573	2573	patient so as to exploit the patient for financial gain; 2
2574	2574
2575	2575	(10) Willfully makes or files a false report or record in the practice of 3
2576	2576	respiratory care; 4
2577	2577
2578	2578	(11) Willfully fails to file or record any report as required under law, 5
2579	2579	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
2580	2580	to file or record a report; 7
2581	2581
2582	2582	(12) Breaches patient confidentiality; 8
2583	2583
2584	2584	(13) Pays or agrees to pay any sum or provide any form of remuneration or 9
2585	2585	material benefit to any person for bringing or referring a patient or accepts or agrees to 10
2586	2586	accept any sum or any form of remuneration or material benefit from an individual for 11
2587	2587	bringing or referring a patient; 12
2588	2588
2589	2589	(14) Knowingly makes a misrepresentation while practicing respiratory 13
2590	2590	care; 14
2591	2591
2592	2592	(15) Knowingly practices respiratory care with an unauthorized individual 15
2593	2593	or aids an unauthorized individual in the practice of respiratory care; 16
2594	2594
2595	2595	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 17
2596	2596	method, treatment, or medicine; 18
2597	2597
2598	2598	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 19
2599	2599	disciplined by a court of any state or country or is disciplined by any branch of the United 20
2600	2600	States uniformed services or the Veterans’ Administration for an act that would be grounds 21
2601	2601	for disciplinary action under the Board’s disciplinary statutes; 22
2602	2602
2603	2603	(18) Fails to meet appropriate standards for the delivery of respiratory care 23
2604	2604	performed in any inpatient or outpatient facility, office, hospital or related institution, 24
2605	2605	domiciliary care facility, patient’s home, or any other location in this State; 25
2606	2606
2607	2607	(19) Knowingly submits false statements to collect fees for which services 26
2608	2608	are not provided; 27
2609	2609
2610	2610	(20) (i) Has been subject to investigation or disciplinary action by a 28
2611	2611	licensing or disciplinary authority or by a court of any state or country for an act that would 29
2612	2612	be grounds for disciplinary action under the Board’s disciplinary statutes; and 30
2613	2613
2614	2614	(ii) Has: 31
2615	2615
2616	2616	1. Surrendered the license issued by the state or country; or 32
2617	2617	56 SENATE BILL 972
2618	2618
2619	2619
2620	2620	2. Allowed the license issued by the state or country to expire 1
2621	2621	or lapse; 2
2622	2622
2623	2623	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 3
2624	2624	of the Family Law Article; 4
2625	2625
2626	2626	(22) Sells, prescribes, gives away, or administers drugs for illegal or 5
2627	2627	illegitimate medical purposes; 6
2628	2628
2629	2629	(23) Practices or attempts to practice beyond the authorized scope of 7
2630	2630	practice; 8
2631	2631
2632	2632	(24) Refuses, withholds from, denies, or discriminates against an individual 9
2633	2633	with regard to the provision of professional services for which the licensee is licensed and 10
2634	2634	qualified to render because the individual is HIV positive; 11
2635	2635
2636	2636	(25) Practices or attempts to practice a respiratory care procedure or uses or 12
2637	2637	attempts to use respiratory care equipment if the applicant or licensee has not received 13
2638	2638	education and training in the performance of the procedure or the use of the equipment; 14
2639	2639
2640	2640	(26) Fails to cooperate with a lawful investigation conducted by the Board 15
2641	2641	or a disciplinary panel; 16
2642	2642
2643	2643	(27) Fails to practice under the supervision of a physician or violates a 17
2644	2644	supervisory order of a supervising physician; or 18
2645	2645
2646	2646	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 19
2647	2647	14–302 of this title. 20
2648	2648
2649	2649	14–5B–05. 21
2650	2650
2651	2651	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 22
2652	2652
2653	2653	14–5B–07. 23
2654	2654
2655	2655	(a) (2) The failure of a licensed physician to properly supervise a licensee is 24
2656	2656	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 25
2657	2657	of this title. 26
2658	2658
2659	2659	14–5B–09. 27
2660	2660
2661	2661	(a) [To qualify for a license, an applicant shall be an individual who meets the 28
2662	2662	requirements of this section. 29
2663	2663	SENATE BILL 972 57
2664	2664
2665	2665
2666	2666	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 1
2667	2667	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 2
2668	2668	TITLE, AN applicant shall[: 3
2669	2669
2670	2670	(1) Be of good moral character; 4
2671	2671
2672	2672	(2) Be at least 18 years old; 5
2673	2673
2674	2674	(3) Demonstrate oral and written competency in English as required by the 6
2675	2675	Board; 7
2676	2676
2677	2677	(4) Meet] MEET any educational, training, or examination requirements 8
2678	2678	established by the Board, including: 9
2679	2679
2680	2680	[(i)] (1) Graduation from an appropriate educational program as 10
2681	2681	determined by the Board; and 11
2682	2682
2683	2683	[(ii)] (2) Certification[; and 12
2684	2684
2685	2685	(5) Complete a criminal history records check in accordance with § 13
2686	2686	14–308.1 of this title]. 14
2687	2687
2688	2688	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 15
2689	2689	applicant shall: 16
2690	2690
2691	2691	(1) Be issued a general license to perform radiography; 17
2692	2692
2693	2693	(2) Complete an advanced academic program with a nationally recognized 18
2694	2694	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 19
2695	2695	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 20
2696	2696
2697	2697	(3) Be certified in advanced cardiac life support; and 21
2698	2698
2699	2699	(4) Be certified as a radiologist assistant by the American Registry of 22
2700	2700	Radiologic Technologists. 23
2701	2701
2702	2702	[(d)] (C) Except for requirements adopted by the Board for license renewal under 24
2703	2703	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 25
2704	2704	construed to require an individual who is certified by the Board as a radiation 26
2705	2705	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 27
2706	2706	technologist as of October 1, 2008, to meet additional education, training, or examination 28
2707	2707	requirements. 29
2708	2708
2709	2709	14–5B–11. 30
2710	2710	58 SENATE BILL 972
2711	2711
2712	2712
2713	2713	(a) Licensure as a radiation therapist authorizes an individual to practice 1
2714	2714	radiation therapy IN THE STATE while the license is effective. 2
2715	2715
2716	2716	(b) Licensure as a radiographer authorizes an individual to practice radiography 3
2717	2717	IN THE STATE while the license is effective. 4
2718	2718
2719	2719	(c) Licensure as a nuclear medicine technologist authorizes an individual to 5
2720	2720	practice nuclear medicine technology IN THE STATE while the license is effective. 6
2721	2721
2722	2722	(d) Licensure as a radiologist assistant authorizes an individual to practice 7
2723	2723	radiology assistance IN THE STATE while the license is effective. 8
2724	2724
2725	2725	14–5B–14. 9
2726	2726
2727	2727	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
2728	2728	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 11
2729	2729	license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
2730	2730	suspend or revoke a license, if the [applicant or] licensee: 13
2731	2731
2732	2732	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 14
2733	2733	the applicant, licensed individual, or for another; 15
2734	2734
2735	2735	(2) Fraudulently or deceptively uses a license; 16
2736	2736
2737	2737	(3) Is guilty of unprofessional or immoral conduct in the practice of 17
2738	2738	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 18
2739	2739
2740	2740	(4) Is professionally, physically, or mentally incompetent; 19
2741	2741
2742	2742	(5) Abandons a patient; 20
2743	2743
2744	2744	(6) Is habitually intoxicated; 21
2745	2745
2746	2746	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
2747	2747	substance as defined in § 5–101 of the Criminal Law Article; 23
2748	2748
2749	2749	(8) Provides professional services while: 24
2750	2750
2751	2751	(i) Under the influence of alcohol; or 25
2752	2752
2753	2753	(ii) Using any narcotic or controlled dangerous substance as defined 26
2754	2754	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
2755	2755	amounts or without valid medical indication; 28
2756	2756
2757	2757	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 29
2758	2758	patient so as to exploit the patient for financial gain; 30 SENATE BILL 972 59
2759	2759
2760	2760
2761	2761
2762	2762	(10) Willfully makes or files a false report or record in the practice of 1
2763	2763	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 2
2764	2764
2765	2765	(11) Willfully fails to file or record any report as required under law, 3
2766	2766	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
2767	2767	to file or record a report; 5
2768	2768
2769	2769	(12) Breaches patient confidentiality; 6
2770	2770
2771	2771	(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
2772	2772	material benefit to any person for bringing or referring a patient or accepts or agrees to 8
2773	2773	accept any sum or any form of remuneration or material benefit from an individual for 9
2774	2774	bringing or referring a patient; 10
2775	2775
2776	2776	(14) Knowingly makes a misrepresentation while practicing radiation 11
2777	2777	therapy, radiography, nuclear medicine technology, or radiology assistance; 12
2778	2778
2779	2779	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 13
2780	2780	technology, or radiology assistance with an unauthorized individual or aids an 14
2781	2781	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 15
2782	2782	technology, or radiology assistance; 16
2783	2783
2784	2784	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 17
2785	2785	method, treatment, or medicine; 18
2786	2786
2787	2787	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 19
2788	2788	disciplined by a court of any state or country or is disciplined by any branch of the United 20
2789	2789	States uniformed services or the Veterans’ Administration for an act that would be grounds 21
2790	2790	for disciplinary action under the Board’s disciplinary statutes; 22
2791	2791
2792	2792	(18) Fails to meet appropriate standards for the delivery of quality radiation 23
2793	2793	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 24
2794	2794	in any outpatient surgical facility, office, hospital or related institution, or any other 25
2795	2795	location in this State; 26
2796	2796
2797	2797	(19) Knowingly submits false statements to collect fees for which services 27
2798	2798	are not provided; 28
2799	2799
2800	2800	(20) (i) Has been subject to investigation or disciplinary action by a 29
2801	2801	licensing or disciplinary authority or by a court of any state or country for an act that would 30
2802	2802	be grounds for disciplinary action under the Board’s disciplinary statutes; and 31
2803	2803
2804	2804	(ii) Has: 32
2805	2805
2806	2806	1. Surrendered the license issued by the state or country; or 33
2807	2807	60 SENATE BILL 972
2808	2808
2809	2809
2810	2810	2. Allowed the license issued by the state or country to expire 1
2811	2811	or lapse; 2
2812	2812
2813	2813	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 3
2814	2814	of the Family Law Article; 4
2815	2815
2816	2816	(22) Sells, prescribes, gives away, or administers drugs for illegal or 5
2817	2817	illegitimate medical purposes; 6
2818	2818
2819	2819	(23) Practices or attempts to practice beyond the authorized scope of 7
2820	2820	practice; 8
2821	2821
2822	2822	(24) Refuses, withholds from, denies, or discriminates against an individual 9
2823	2823	with regard to the provision of professional services for which the licensee is licensed and 10
2824	2824	qualified to render because the individual is HIV positive; 11
2825	2825
2826	2826	(25) Practices or attempts to practice a radiation therapy, radiography, 12
2827	2827	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 13
2828	2828	radiography, nuclear medicine technology, or radiology assistance equipment if the 14
2829	2829	applicant or licensee has not received education, internship, training, or experience in the 15
2830	2830	performance of the procedure or the use of the equipment; 16
2831	2831
2832	2832	(26) Fails to cooperate with a lawful investigation conducted by the Board 17
2833	2833	or a disciplinary panel; 18
2834	2834
2835	2835	(27) Fails to practice under the supervision of a physician or violates a 19
2836	2836	supervisory order of a supervising physician; or 20
2837	2837
2838	2838	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 21
2839	2839	14–302 of this title. 22
2840	2840
2841	2841	14–5C–01. 23
2842	2842
2843	2843	(a) In this subtitle the following words have the meanings indicated. 24
2844	2844
2845	2845	(c) “Committee” means the Polysomnography [Professional Standards] 25
2846	2846	ADVISORY Committee established under § 14–5C–05 of this subtitle. 26
2847	2847
2848	2848	14–5C–05. 27
2849	2849
2850	2850	There is a Polysomnography [Professional Standards] ADVISORY Committee within 28
2851	2851	the Board. 29
2852	2852
2853	2853	14–5C–06. 30
2854	2854
2855	2855	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 31 SENATE BILL 972 61
2856	2856
2857	2857
2858	2858
2859	2859	14–5C–08. 1
2860	2860
2861	2861	(b) This section does not apply to a student enrolled in an education program 2
2862	2862	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 3
2863	2863	in that program. 4
2864	2864
2865	2865	14–5C–09. 5
2866	2866
2867	2867	[(a) To qualify for a license, an applicant shall be an individual who meets the 6
2868	2868	requirements of this section. 7
2869	2869
2870	2870	(b) The applicant shall: 8
2871	2871
2872	2872	(1) Be of good moral character; 9
2873	2873
2874	2874	(2) Be at least 18 years old; and 10
2875	2875
2876	2876	(3) Complete a criminal history records check in accordance with § 11
2877	2877	14–308.1 of this title. 12
2878	2878
2879	2879	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 13
2880	2880	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 14
2881	2881	license shall: 15
2882	2882
2883	2883	(1) Have passed the national certifying examination given by the Board of 16
2884	2884	Registered Polysomnographic Technologists or another examination approved by the 17
2885	2885	Board; 18
2886	2886
2887	2887	(2) Submit to the Board proof of certification as a registered 19
2888	2888	polysomnographic technologist or other national certification approved by the Board; 20
2889	2889
2890	2890	(3) (i) 1. Have graduated from a polysomnographic educational 21
2891	2891	program that is accredited by the Commission on Accreditation of Allied Health Education 22
2892	2892	Programs; or 23
2893	2893
2894	2894	2. A. Have graduated from a sleep technologist 24
2895	2895	educational program that is accredited by the American Academy of Sleep Medicine; and 25
2896	2896
2897	2897	B. Have completed a clinical component of an educational 26
2898	2898	program as established by the Committee and approved by the Board; 27
2899	2899
2900	2900	(ii) 1. Have graduated from a respiratory care educational 28
2901	2901	program that is accredited by the Commission on Accreditation of Allied Health Education 29
2902	2902	Programs; and 30
2903	2903	62 SENATE BILL 972
2904	2904
2905	2905
2906	2906	2. Have completed the Committee on Accreditation for 1
2907	2907	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 2
2908	2908	Commission on Accreditation of Allied Health Education Programs; or 3
2909	2909
2910	2910	(iii) 1. Have graduated from an electroneuro –diagnostic 4
2911	2911	educational program that is accredited by the Commission on Accreditation of Allied Health 5
2912	2912	Education Programs; and 6
2913	2913
2914	2914	2. Have completed additional units, modules, and courses of 7
2915	2915	instruction focused on polysomnographic technology that are accredited by the Commission 8
2916	2916	on Accreditation of Allied Health Education Programs; and 9
2917	2917
2918	2918	(4) Meet any other educational or clinical requirements established by the 10
2919	2919	Committee and approved by the Board. 11
2920	2920
2921	2921	14–5C–10. 12
2922	2922
2923	2923	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 13
2924	2924	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 14
2925	2925
2926	2926	(1) Has passed the national certifying examination by the Board of 15
2927	2927	Registered Polysomnographic Technologists or another examination approved by the 16
2928	2928	Board; 17
2929	2929
2930	2930	(2) Is certified by the Board of Registered Polysomnographic Technologists 18
2931	2931	as a registered polysomnographic technologist; 19
2932	2932
2933	2933	(3) Has submitted an application for licensure to the Board; and 20
2934	2934
2935	2935	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 21
2936	2936	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 22
2937	2937
2938	2938	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 23
2939	2939	of this section on or before September 30, 2013, the individual may petition the Board for 24
2940	2940	an extension. 25
2941	2941
2942	2942	(2) The Board shall determine whether to grant an extension under this 26
2943	2943	subsection on a case–by–case basis.] 27
2944	2944
2945	2945	14–5C–17. 28
2946	2946
2947	2947	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
2948	2948	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30
2949	2949	license to any applicant,] reprimand any licensee, place any licensee on probation, or 31
2950	2950	suspend or revoke a license, if the [applicant or] licensee: 32
2951	2951	SENATE BILL 972 63
2952	2952
2953	2953
2954	2954	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
2955	2955	the applicant, licensee, or for another; 2
2956	2956
2957	2957	(2) Fraudulently or deceptively uses a license; 3
2958	2958
2959	2959	(3) Is guilty of unprofessional or immoral conduct in the practice of 4
2960	2960	polysomnography; 5
2961	2961
2962	2962	(4) Is professionally, physically, or mentally incompetent; 6
2963	2963
2964	2964	(5) Abandons a patient; 7
2965	2965
2966	2966	(6) Is habitually intoxicated; 8
2967	2967
2968	2968	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 9
2969	2969	substance as defined in § 5–101 of the Criminal Law Article; 10
2970	2970
2971	2971	(8) Provides professional services while: 11
2972	2972
2973	2973	(i) Under the influence of alcohol; or 12
2974	2974
2975	2975	(ii) Using any narcotic or controlled dangerous substance as defined 13
2976	2976	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 14
2977	2977	amounts or without valid medical indication; 15
2978	2978
2979	2979	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 16
2980	2980	patient so as to exploit the patient for financial gain; 17
2981	2981
2982	2982	(10) Willfully makes or files a false report or record in the practice of 18
2983	2983	polysomnography; 19
2984	2984
2985	2985	(11) Willfully fails to file or record any report as required under law, 20
2986	2986	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 21
2987	2987	to file or record a report; 22
2988	2988
2989	2989	(12) Breaches patient confidentiality; 23
2990	2990
2991	2991	(13) Pays or agrees to pay any sum or provide any form of remuneration or 24
2992	2992	material benefit to any person for bringing or referring a patient or accepts or agrees to 25
2993	2993	accept any sum or any form of remuneration or material benefit from an individual for 26
2994	2994	bringing or referring a patient; 27
2995	2995
2996	2996	(14) Knowingly makes a misrepresentation while practicing 28
2997	2997	polysomnography; 29
2998	2998
2999	2999	(15) Knowingly practices polysomnography with an unauthorized individual 30
3000	3000	or aids an unauthorized individual in the practice of polysomnography; 31 64 SENATE BILL 972
3001	3001
3002	3002
3003	3003
3004	3004	(16) Knowingly delegates a polysomnographic duty to an unlicensed 1
3005	3005	individual; 2
3006	3006
3007	3007	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 3
3008	3008	method, treatment, or medicine; 4
3009	3009
3010	3010	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 5
3011	3011	disciplined by a court of any state or country or is disciplined by any branch of the United 6
3012	3012	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 7
3013	3013	be grounds for disciplinary action under the Board’s disciplinary statutes; 8
3014	3014
3015	3015	(19) Fails to meet appropriate standards for the delivery of 9
3016	3016	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 10
3017	3017	center; 11
3018	3018
3019	3019	(20) Knowingly submits false statements to collect fees for which services 12
3020	3020	are not provided; 13
3021	3021
3022	3022	(21) (i) Has been subject to investigation or disciplinary action by a 14
3023	3023	licensing or disciplinary authority or by a court of any state or country for an act that would 15
3024	3024	be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
3025	3025
3026	3026	(ii) Has: 17
3027	3027
3028	3028	1. Surrendered the license, if any, issued by the state or 18
3029	3029	country; or 19
3030	3030
3031	3031	2. Allowed the license, if any, issued by the state or country 20
3032	3032	to expire or lapse; 21
3033	3033
3034	3034	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 22
3035	3035	of the Family Law Article; 23
3036	3036
3037	3037	(23) Sells, prescribes, gives away, or administers drugs for illegal or 24
3038	3038	illegitimate medical purposes; 25
3039	3039
3040	3040	(24) Practices or attempts to practice beyond the authorized scope of 26
3041	3041	practice; 27
3042	3042
3043	3043	(25) Refuses, withholds from, denies, or discriminates against an individual 28
3044	3044	with regard to the provision of professional services for which the licensee is licensed and 29
3045	3045	qualified to render because the individual is HIV positive; 30
3046	3046
3047	3047	(26) Practices or attempts to practice a polysomnography procedure or uses 31
3048	3048	or attempts to use polysomnography equipment if the applicant or licensee has not received 32
3049	3049	education and training in the performance of the procedure or the use of the equipment; 33 SENATE BILL 972 65
3050	3050
3051	3051
3052	3052
3053	3053	(27) Fails to cooperate with a lawful investigation conducted by the Board; 1
3054	3054	or 2
3055	3055
3056	3056	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 3
3057	3057	14–302 of this title. 4
3058	3058
3059	3059	14–5D–05. 5
3060	3060
3061	3061	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SI X MEMBERS. 6
3062	3062
3063	3063	14–5D–07. 7
3064	3064
3065	3065	(b) This section does not apply to: 8
3066	3066
3067	3067	(1) An individual employed by the federal government as an athletic 9
3068	3068	trainer while the individual is practicing within the scope of that employment; 10
3069	3069
3070	3070	(2) An individual employed by or under contract with an entity located in 11
3071	3071	another state who represents that entity: 12
3072	3072
3073	3073	(i) At an athletic event in the State; 13
3074	3074
3075	3075	(ii) For a period of time not to exceed 45 days within a calendar year; 14
3076	3076	and 15
3077	3077
3078	3078	(iii) By providing athletic training services to individuals 16
3079	3079	representing the entity at the event; or 17
3080	3080
3081	3081	(3) A student enrolled in an education program that meets the criteria of 18
3082	3082	[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 19
3083	3083	educational experience of athletic training. 20
3084	3084
3085	3085	14–5D–08. 21
3086	3086
3087	3087	[(a) To qualify for a license, an applicant shall be an individual who meets the 22
3088	3088	requirements of this section. 23
3089	3089
3090	3090	(b) The applicant shall: 24
3091	3091
3092	3092	(1) Be of good moral character; 25
3093	3093
3094	3094	(2) Be at least 18 years old; and 26
3095	3095
3096	3096	(3) Complete a criminal history records check in accordance with § 27
3097	3097	14–308.1 of this title.] 28 66 SENATE BILL 972
3098	3098
3099	3099
3100	3100
3101	3101	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 1
3102	3102	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 2
3103	3103
3104	3104	(1) Have a current certification by a national certifying board approved by 3
3105	3105	the Board; AND 4
3106	3106
3107	3107	(2) Have received a bachelor’s or master’s degree from an athletic training 5
3108	3108	educational program that is accredited by the Commission on Accreditation of Athletic 6
3109	3109	Training Education or its successor[; 7
3110	3110
3111	3111	(3) Demonstrate oral and written competency in English as required by the 8
3112	3112	Board; and 9
3113	3113
3114	3114	(4) Meet any other requirements established by the Board]. 10
3115	3115
3116	3116	[(d)] (B) The Board shall waive the education requirements under this section if 11
3117	3117	an individual was certified by the National Athletic Trainers’ Association Board of 12
3118	3118	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 13
3119	3119
3120	3120	14–5D–10. 14
3121	3121
3122	3122	(a) An athletic trainer license authorizes the licensee to practice athletic training 15
3123	3123	services IN THE STATE while the license is effective. 16
3124	3124
3125	3125	14–5D–14. 17
3126	3126
3127	3127	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
3128	3128	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 19
3129	3129	license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
3130	3130	suspend or revoke a license, if the [applicant or] licensee: 21
3131	3131
3132	3132	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
3133	3133	the applicant, licensee, or for another; 23
3134	3134
3135	3135	(2) Fraudulently or deceptively uses a license; 24
3136	3136
3137	3137	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 25
3138	3138	training; 26
3139	3139
3140	3140	(4) Is professionally, physically, or mentally incompetent; 27
3141	3141
3142	3142	(5) Abandons a patient; 28
3143	3143
3144	3144	(6) Habitually is intoxicated; 29
3145	3145	SENATE BILL 972 67
3146	3146
3147	3147
3148	3148	(7) Is addicted to, or habitually abuses, any narcotic or controlled 1
3149	3149	dangerous substance as defined in § 5–101 of the Criminal Law Article; 2
3150	3150
3151	3151	(8) Provides professional services while: 3
3152	3152
3153	3153	(i) Under the influence of alcohol; or 4
3154	3154
3155	3155	(ii) Using any narcotic or controlled dangerous substance as defined 5
3156	3156	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 6
3157	3157	amounts or without valid medical indication; 7
3158	3158
3159	3159	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
3160	3160	patient so as to exploit the patient for financial gain; 9
3161	3161
3162	3162	(10) Willfully makes or files a false report or record in the practice of athletic 10
3163	3163	training; 11
3164	3164
3165	3165	(11) Willfully fails to file or record any report as required under law, 12
3166	3166	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 13
3167	3167	to file or record the report; 14
3168	3168
3169	3169	(12) Breaches patient confidentiality; 15
3170	3170
3171	3171	(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
3172	3172	material benefit to any individual for bringing or referring a patient or accepts or agrees to 17
3173	3173	accept any sum or any form of remuneration or material benefit from an individual for 18
3174	3174	bringing or referring a patient; 19
3175	3175
3176	3176	(14) Knowingly makes a misrepr esentation while practicing athletic 20
3177	3177	training; 21
3178	3178
3179	3179	(15) Knowingly practices athletic training with an unauthorized individual 22
3180	3180	or aids an unauthorized individual in the practice of athletic trainer services; 23
3181	3181
3182	3182	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 24
3183	3183	method, treatment, or medicine; 25
3184	3184
3185	3185	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 26
3186	3186	convicted or disciplined by a court of any state or country or is disciplined by any branch of 27
3187	3187	the United States uniformed services or the Veterans Administration for an act that would 28
3188	3188	be grounds for disciplinary action under this section; 29
3189	3189
3190	3190	(18) Fails to meet appropriate standards for the delivery of athletic training 30
3191	3191	services; 31
3192	3192
3193	3193	(19) Knowingly submits false statements to collect fees for which services 32
3194	3194	have not been provided; 33 68 SENATE BILL 972
3195	3195
3196	3196
3197	3197
3198	3198	(20) (i) Has been subject to investigation or disciplinary action by a 1
3199	3199	licensing or disciplinary authority or by a court of any state or country for an act that would 2
3200	3200	be grounds for disciplinary action under the Board’s disciplinary statutes; and 3
3201	3201
3202	3202	(ii) Has: 4
3203	3203
3204	3204	1. Surrendered the license issued by the state or country; or 5
3205	3205
3206	3206	2. Allowed the license issued by the state or country to expire 6
3207	3207	or lapse; 7
3208	3208
3209	3209	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 8
3210	3210	of the Family Law Article; 9
3211	3211
3212	3212	(22) Sells, prescribes, gives away, or administers drugs for illegal or 10
3213	3213	illegitimate medical purposes; 11
3214	3214
3215	3215	(23) Practices or attempts to practice beyond the authorized scope of 12
3216	3216	practice; 13
3217	3217
3218	3218	(24) Refuses, withholds from, denies, or discriminates against an individual 14
3219	3219	with regard to the provision of professional services for which the licensee is licensed and 15
3220	3220	qualified to render because the individual is HIV positive; 16
3221	3221
3222	3222	(25) Practices or attempts to practice an athletic training procedure or uses 17
3223	3223	or attempts to use athletic training equipment if the applicant or licensee has not received 18
3224	3224	education and training in the performance of the procedure or the use of the equipment; 19
3225	3225
3226	3226	(26) Fails to cooperate with a lawful investigation conducted by the Board 20
3227	3227	or a disciplinary panel; 21
3228	3228
3229	3229	(27) Fails to practice under the supervision of a physician or violates the 22
3230	3230	approved evaluation and treatment protocol; 23
3231	3231
3232	3232	(28) Violates an order of the Board or a disciplinary panel, including any 24
3233	3233	condition of probation; or 25
3234	3234
3235	3235	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 26
3236	3236	14–302 of this title. 27
3237	3237
3238	3238	14–5E–01. 28
3239	3239
3240	3240	(a) In this subtitle the following words have the meanings indicated. 29
3241	3241
3242	3242	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 30
3243	3243	14–5E–09 of this subtitle, is: 31 SENATE BILL 972 69
3244	3244
3245	3245
3246	3246
3247	3247	(1) Enrolled in an accredited educational program to qualify for a license 1
3248	3248	under this subtitle; and 2
3249	3249
3250	3250	(2) Performing perfusion services within the accredited program under the 3
3251	3251	supervision of a licensed perfusionist and without compensation. 4
3252	3252
3253	3253	14–5E–06. 5
3254	3254
3255	3255	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 6
3256	3256
3257	3257	14–5E–08. 7
3258	3258
3259	3259	(b) This section does not apply to a student enrolled in an education program 8
3260	3260	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 9
3261	3261	program. 10
3262	3262
3263	3263	14–5E–09. 11
3264	3264
3265	3265	[(a) To qualify for a license, an applicant shall be an individual who meets the 12
3266	3266	requirements of this section. 13
3267	3267
3268	3268	(b) The applicant shall: 14
3269	3269
3270	3270	(1) Be of good moral character; 15
3271	3271
3272	3272	(2) Be at least 18 years old; and 16
3273	3273
3274	3274	(3) Complete a criminal history records check in accordance with § 17
3275	3275	14–308.1 of this title. 18
3276	3276
3277	3277	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 19
3278	3278	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 20
3279	3279
3280	3280	(1) (i) Submit to the Board satisfactory evidence of certification as a 21
3281	3281	certified perfusionist or other national certification approved by the Board; and 22
3282	3282
3283	3283	(ii) Meet any other educational or clinical requirements established 23
3284	3284	by the Committee and approved by the Board; or 24
3285	3285
3286	3286	(2) (i) Submit to the Board satisfactory evidence of graduation from a 25
3287	3287	perfusion educational program that is accredited by the Commission on Accreditation of 26
3288	3288	Allied Health Education Programs, or the Commission’s predecessor or successor; and 27
3289	3289
3290	3290	(ii) Meet any other educational or clinical requirements established 28
3291	3291	by the Committee and approved by the Board. 29
3292	3292	70 SENATE BILL 972
3293	3293
3294	3294
3295	3295	14–5E–10. 1
3296	3296
3297	3297	(a) Except as provided in subsection (b) of this section, an applicant who 2
3298	3298	otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 3
3299	3299	entitled to be licensed for a single 2–year term before taking the national certifying 4
3300	3300	examination given by the American Board of Cardiovascular Perfusion or its successor 5
3301	3301	organization or another examination given or approved by the Board. 6
3302	3302
3303	3303	14–5E–13. 7
3304	3304
3305	3305	[(a) (1) A license expires on a date set by the Board, unless the license is 8
3306	3306	renewed for an additional term as provided in this section. 9
3307	3307
3308	3308	(2) The term of a license issued by the Board may not exceed 3 years. 10
3309	3309
3310	3310	(b) At least 1 month before a license expires, the Board shall send to the licensed 11
3311	3311	perfusionist a renewal notice that states: 12
3312	3312
3313	3313	(1) The date on which the current license expires; 13
3314	3314
3315	3315	(2) The date by which the renewal application must be received by the 14
3316	3316	Board for the renewal to be issued and sent before the license expires; 15
3317	3317
3318	3318	(3) The amount of the renewal fee; and] 16
3319	3319
3320	3320	[(4)] (A) For licensees who qualified for an initial license under [§ 17
3321	3321	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 18
3322	3322	LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 19
3323	3323	the licensee must submit satisfactory evidence of a passing score on the examination as 20
3324	3324	required under subsection [(c)(2)] (B) of this section. 21
3325	3325
3326	3326	[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 22
3327	3327	the licensed perfusionist periodically may renew it for an additional term, if the licensee: 23
3328	3328
3329	3329	(i) Otherwise is entitled to be licensed; 24
3330	3330
3331	3331	(ii) Is of good moral character; 25
3332	3332
3333	3333	(iii) Pays to the Board a renewal fee set by the Board; and 26
3334	3334
3335	3335	(iv) Except as provided in paragraph (2) of this subsection, submits 27
3336	3336	to the Board: 28
3337	3337
3338	3338	1. A renewal application on the form that the Board requires; 29
3339	3339	and 30
3340	3340	SENATE BILL 972 71
3341	3341
3342	3342
3343	3343	2. Satisfactory evidence of compliance with any continuing 1
3344	3344	education or competency requirements and other requirements set under this section for 2
3345	3345	license renewal.] 3
3346	3346
3347	3347	[(2)] (B) A licensee who qualified for an initial license under [§ 4
3348	3348	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 5
3349	3349	evidence of a passing score on the national certifying examination given by the American 6
3350	3350	Board of Cardiovascular Perfusion or its successor organization or another examination 7
3351	3351	given or approved by the Board. 8
3352	3352
3353	3353	[(d) In addition to any other qualifications and requirements established by the 9
3354	3354	Board, the Board shall establish continuing education or competency requirements as a 10
3355	3355	condition of the renewal of a license under this section.] 11
3356	3356
3357	3357	[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 12
3358	3358	requirements of this section AND § 14–306 OF THIS TITLE. 13
3359	3359
3360	3360	(2) The Board may not renew the license of a licensee who fails to submit 14
3361	3361	satisfactory evidence of a passing score on the examination as required under subsection 15
3362	3362	[(c)(2)] (B) of this section. 16
3363	3363
3364	3364	[(f) The Board shall reinstate the license of an individual who has failed to renew 17
3365	3365	the license for any reason if the individual: 18
3366	3366
3367	3367	(1) Applies for reinstatement after the date the license expires; 19
3368	3368
3369	3369	(2) Meets the renewal requirements of this section; and 20
3370	3370
3371	3371	(3) Pays to the Board the reinstatement fee set by the Board. 21
3372	3372
3373	3373	(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 22
3374	3374	records check in accordance with § 14–308.1 of this title for: 23
3375	3375
3376	3376	(i) Renewal applicants as determined by regulations adopted by the 24
3377	3377	Board; and 25
3378	3378
3379	3379	(ii) Each former licensee who files for reinstatement under 26
3380	3380	subsection (f) of this section. 27
3381	3381
3382	3382	(2) On receipt of the criminal history record information of a licensee 28
3383	3383	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 29
3384	3384	disciplinary action should be taken, based on the criminal history record information, 30
3385	3385	against a licensee who renewed or reinstated a license, the Board shall consider: 31
3386	3386
3387	3387	(i) The age at which the crime was committed; 32
3388	3388	72 SENATE BILL 972
3389	3389
3390	3390
3391	3391	(ii) The nature of the crime; 1
3392	3392
3393	3393	(iii) The circumstances surrounding the crime; 2
3394	3394
3395	3395	(iv) The length of time that has passed since the crime; 3
3396	3396
3397	3397	(v) Subsequent work history; 4
3398	3398
3399	3399	(vi) Employment and character references; and 5
3400	3400
3401	3401	(vii) Other evidence that demonstrates whether the licensee poses a 6
3402	3402	threat to the public health or safety. 7
3403	3403
3404	3404	(3) The Board may renew or reinstate a license only if the licensee or 8
3405	3405	applicant attests that the licensee or applicant has submitted to a criminal history records 9
3406	3406	check under § 14–308.1 of this title. 10
3407	3407
3408	3408	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 11
3409	3409	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 12
3410	3410	for failure of a licensee to obtain the continuing education credits required by the Board.] 13
3411	3411
3412	3412	14–5E–14. 14
3413	3413
3414	3414	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 15
3415	3415	name or address within 60 days after the change. 16
3416	3416
3417	3417	(2) A licensed perfusionist who fails to comply with the requirements of 17
3418	3418	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 18
3419	3419
3420	3420	[(b)] Each licensed perfusionist shall: 19
3421	3421
3422	3422	(1) Keep a copy of the license in the licensee’s employment file; and 20
3423	3423
3424	3424	(2) Make the license available for inspection on request. 21
3425	3425
3426	3426	14–5E–16. 22
3427	3427
3428	3428	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 23
3429	3429	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 24
3430	3430	license to any applicant,] reprimand any licensee, place any licensee on probation, or 25
3431	3431	suspend or revoke a license, if the [applicant or] licensee: 26
3432	3432
3433	3433	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 27
3434	3434	the applicant or licensee or for another; 28
3435	3435
3436	3436	(2) Fraudulently or deceptively uses a license; 29 SENATE BILL 972 73
3437	3437
3438	3438
3439	3439
3440	3440	(3) Is guilty of unprofessional or immoral conduct in the practice of 1
3441	3441	perfusion; 2
3442	3442
3443	3443	(4) Is professionally, physically, or mentally incompetent; 3
3444	3444
3445	3445	(5) Abandons a patient; 4
3446	3446
3447	3447	(6) Is habitually intoxicated; 5
3448	3448
3449	3449	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 6
3450	3450	substance as defined in § 5–101 of the Criminal Law Article; 7
3451	3451
3452	3452	(8) Provides professional services while: 8
3453	3453
3454	3454	(i) Under the influence of alcohol; or 9
3455	3455
3456	3456	(ii) Using any narcotic or controlled dangerous substance as defined 10
3457	3457	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 11
3458	3458	amounts or without valid medical indication; 12
3459	3459
3460	3460	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 13
3461	3461	patient so as to exploit the patient for financial gain; 14
3462	3462
3463	3463	(10) Willfully makes or files a false report or record in the practice of 15
3464	3464	perfusion; 16
3465	3465
3466	3466	(11) Willfully fails to file or record any report as required under law, 17
3467	3467	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 18
3468	3468	to file or record a report; 19
3469	3469
3470	3470	(12) Breaches patient confidentiality; 20
3471	3471
3472	3472	(13) Pays or agrees to pay any sum or provide any form of remuneration or 21
3473	3473	material benefit to any person for bringing or referring a patient or accepts or agrees to 22
3474	3474	accept any sum or any form of remuneration or material benefit from an individual for 23
3475	3475	bringing or referring a patient; 24
3476	3476
3477	3477	(14) Knowingly makes a misrepresentation while practicing perfusion; 25
3478	3478
3479	3479	(15) Knowingly practices perfusion with an unauthorized individual or aids 26
3480	3480	an unauthorized individual in the practice of perfusion; 27
3481	3481
3482	3482	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 28
3483	3483
3484	3484	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 29
3485	3485	method, treatment, or medicine; 30 74 SENATE BILL 972
3486	3486
3487	3487
3488	3488
3489	3489	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 1
3490	3490	disciplined by a court of any state or country or is disciplined by any branch of the United 2
3491	3491	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 3
3492	3492	be grounds for disciplinary action under the Board’s disciplinary statutes; 4
3493	3493
3494	3494	(19) Fails to meet appropriate standards for the delivery of perfusion 5
3495	3495	services; 6
3496	3496
3497	3497	(20) Knowingly submits false statements to collect fees for which services 7
3498	3498	are not provided; 8
3499	3499
3500	3500	(21) (i) Has been subject to investigation or disciplinary action by a 9
3501	3501	licensing or disciplinary authority or by a court of any state or country for an act that would 10
3502	3502	be grounds for disciplinary action under the Board’s disciplinary statutes; and 11
3503	3503
3504	3504	(ii) Has: 12
3505	3505
3506	3506	1. Surrendered the license, if any, issued by the state or 13
3507	3507	country; or 14
3508	3508
3509	3509	2. Allowed the license, if any, issued by the state or country 15
3510	3510	to expire or lapse; 16
3511	3511
3512	3512	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 17
3513	3513	of the Family Law Article; 18
3514	3514
3515	3515	(23) Sells, prescribes, gives away, or administers drugs for illegal or 19
3516	3516	illegitimate medical purposes; 20
3517	3517
3518	3518	(24) Practices or attempts to practice beyond the authorized scope of 21
3519	3519	practice; 22
3520	3520
3521	3521	(25) Refuses, withholds from, denies, or discriminates against an individual 23
3522	3522	with regard to the provision of professional services for which the licensee is licensed and 24
3523	3523	qualified to render because the individual is HIV positive; 25
3524	3524
3525	3525	(26) Practices or attempts to practice a perfusion procedure or uses or 26
3526	3526	attempts to use perfusion equipment if the applicant or licensee has not received education 27
3527	3527	and training in the performance of the procedure or the use of the equipment; 28
3528	3528
3529	3529	(27) Fails to cooperate with a lawful investigation of the Board or a 29
3530	3530	disciplinary panel; or 30
3531	3531
3532	3532	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 31
3533	3533	14–302 of this title. 32
3534	3534	SENATE BILL 972 75
3535	3535
3536	3536
3537	3537	14–5F–07. 1
3538	3538
3539	3539	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 2
3540	3540
3541	3541	14–5F–11. 3
3542	3542
3543	3543	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 4
3544	3544	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 5
3545	3545	requirements of this section. 6
3546	3546
3547	3547	(b) The applicant shall be of good moral character. 7
3548	3548
3549	3549	(c) The] applicant shall be at least 21 years old. 8
3550	3550
3551	3551	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 9
3552	3552
3553	3553	(1) Have a doctorate in naturopathic medicine from an approved 10
3554	3554	naturopathic medical program; and 11
3555	3555
3556	3556	(2) Pass the competency –based national naturopathic licensing 12
3557	3557	examination Part I and Part II administered by the North American Board of Naturopathic 13
3558	3558	Examiners, or its successor agency that has been nationally recognized to administer a 14
3559	3559	naturopathic examination that represents federal standards of education and training. 15
3560	3560
3561	3561	[(e)] (C) An applicant shall be physically and mentally capable of safely 16
3562	3562	practicing naturopathic medicine with or without reasonable accommodation. 17
3563	3563
3564	3564	[(f)] (D) If an applicant is licensed, certified, or registered to practice 18
3565	3565	naturopathic medicine or any other health occupation in another state, the applicant shall 19
3566	3566	be in good standing with the applicable state licensing, certification, or registration 20
3567	3567	authority. 21
3568	3568
3569	3569	[(g) An applicant shall complete a criminal history records check in accordance 22
3570	3570	with § 14–308.1 of this title.] 23
3571	3571
3572	3572	14–5F–12. 24
3573	3573
3574	3574	To apply for a license, an applicant shall: 25
3575	3575
3576	3576	[(1) Complete a criminal history records check in accordance with § 26
3577	3577	14–308.1 of this title; 27
3578	3578
3579	3579	(2) Submit an application to the Board on a form that the Board requires; 28
3580	3580
3581	3581	(3) Pay to the Board an application fee set by the Board;] 29
3582	3582	76 SENATE BILL 972
3583	3583
3584	3584
3585	3585	[(4)] (1) If the applicant has been licensed, certified, or registered to 1
3586	3586	practice naturopathic medicine in another state, submit all evidence relating to: 2
3587	3587
3588	3588	(i) Any disciplinary action taken or any administrative penalties 3
3589	3589	assessed against the applicant by the appropriate state licensing, certification, or 4
3590	3590	registration authority; and 5
3591	3591
3592	3592	(ii) Any consent agreements the applicant entered into that contain 6
3593	3593	conditions placed on the applicant’s professional conduct and practice, including any 7
3594	3594	voluntary surrender of a license; 8
3595	3595
3596	3596	[(5)] (2) Complete and submit to the Board a Board–approved written 9
3597	3597	attestation that: 10
3598	3598
3599	3599	(i) States that the applicant has a collaboration and consultation 11
3600	3600	agreement with a physician licensed under this article; 12
3601	3601
3602	3602	(ii) Includes the name and license number of the physician with 13
3603	3603	whom the applicant has a collaboration and consultation agreement; 14
3604	3604
3605	3605	(iii) States that the applicant will refer patients to and consult with 15
3606	3606	physicians and other health care providers licensed or certified under this article as needed; 16
3607	3607	and 17
3608	3608
3609	3609	(iv) States that the applicant will require patients to sign a consent 18
3610	3610	form that states that the applicant’s practice of naturopathic medicine is limited to the 19
3611	3611	scope of practice identified in § 14–5F–14 of this subtitle; and 20
3612	3612
3613	3613	[(6)] (3) Inform the physician named in the attestation that the physician 21
3614	3614	has been named. 22
3615	3615
3616	3616	14–5F–15. 23
3617	3617
3618	3618	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 24
3619	3619
3620	3620	(2) A license expires on a date set by the Board, unless the license is 25
3621	3621	renewed as provided in this section. 26
3622	3622
3623	3623	(b) At least 1 month before the license expires, the Board shall send to the licensee 27
3624	3624	a renewal notice that states: 28
3625	3625
3626	3626	(1) The date on which the current license expires; 29
3627	3627
3628	3628	(2) The date by which the renewal application must be received by the 30
3629	3629	Board for the renewal to be issued and mailed before the license expires; and 31
3630	3630
3631	3631	(3) The amount of the renewal fee. 32 SENATE BILL 972 77
3632	3632
3633	3633
3634	3634
3635	3635	(c) The Board shall renew the license of a licensee who: 1
3636	3636
3637	3637	(1) Submits a renewal application on the form that the Board requires; 2
3638	3638
3639	3639	(2) Is of good moral character; 3
3640	3640
3641	3641	(3) Pays a renewal fee set by the Board; 4
3642	3642
3643	3643	(4) Is otherwise entitled to be licensed; 5
3644	3644
3645	3645	(5) Meets the continuing education requirements adopted by the Board; 6
3646	3646	and 7
3647	3647
3648	3648	(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 8
3649	3649	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL PROVIDE 9
3650	3650	evidence of biennial cardiopulmonary resuscitation certification. 10
3651	3651
3652	3652	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 11
3653	3653	records check in accordance with § 14–308.1 of this title for: 12
3654	3654
3655	3655	(i) Renewal applicants as determined by regulations adopted by the 13
3656	3656	Board; and 14
3657	3657
3658	3658	(ii) Each former licensee who files for reinstatement under § 15
3659	3659	14–5F–16(b) of this subtitle. 16
3660	3660
3661	3661	(2) On receipt of the criminal history record information of a licensee 17
3662	3662	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 18
3663	3663	disciplinary action should be taken, based on the criminal history record information, 19
3664	3664	against a licensee who renewed or reinstated a license, the Board shall consider: 20
3665	3665
3666	3666	(i) The age at which the crime was committed; 21
3667	3667
3668	3668	(ii) The nature of the crime; 22
3669	3669
3670	3670	(iii) The circumstances surrounding the crime; 23
3671	3671
3672	3672	(iv) The length of time that has passed since the crime; 24
3673	3673
3674	3674	(v) Subsequent work history; 25
3675	3675
3676	3676	(vi) Employment and character references; and 26
3677	3677
3678	3678	(vii) Other evidence that demonstrates whether the licensee poses a 27
3679	3679	threat to the public health or safety. 28
3680	3680	78 SENATE BILL 972
3681	3681
3682	3682
3683	3683	(3) The Board may renew or reinstate a license only if the licensee or 1
3684	3684	applicant attests that the licensee or applicant has submitted to a criminal history records 2
3685	3685	check under § 14–308.1 of this title. 3
3686	3686
3687	3687	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 4
3688	3688	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 5
3689	3689	for failure of a licensee to obtain the continuing education credits required by the Board.] 6
3690	3690
3691	3691	14–5F–16. 7
3692	3692
3693	3693	(a) [(1)] The Board may place a licensee on inactive status if the licensee 8
3694	3694	submits to the Board: 9
3695	3695
3696	3696	[(i)] (1) An application for inactive status on the form required by 10
3697	3697	the Board; and 11
3698	3698
3699	3699	[(ii)] (2) The inactive status fee set by the Board. 12
3700	3700
3701	3701	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 13
3702	3702	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 14
3703	3703	and submits to the Board: 15
3704	3704
3705	3705	[(i)] (1) Satisfactory evidence of compliance with the requirements 16
3706	3706	of [§ 14–308.1] § 14–302 of this title; 17
3707	3707
3708	3708	[(ii)] (2) Satisfactory evidence of compliance with the continuing 18
3709	3709	education requirements the Board adopts for this purpose; and 19
3710	3710
3711	3711	[(iii)] (3) A reinstatement fee set by the Board. 20
3712	3712
3713	3713	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 21
3714	3714	to renew the license for any reason if the naturopathic doctor: 22
3715	3715
3716	3716	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 23
3717	3717
3718	3718	(2) Pays to the Board a reinstatement fee set by the Board; and 24
3719	3719
3720	3720	(3) Submits to the Board satisfactory evidence of compliance with the 25
3721	3721	qualifications and requirements adopted by the Board under this subtitle for license 26
3722	3722	reinstatements.] 27
3723	3723
3724	3724	14–5F–18. 28
3725	3725
3726	3726	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
3727	3727	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30 SENATE BILL 972 79
3728	3728
3729	3729
3730	3730	license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
3731	3731	suspend or revoke a license of any licensee if the [applicant or] licensee: 2
3732	3732
3733	3733	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 3
3734	3734	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 4
3735	3735	Article, or any drug without a valid prescription or indication, or provides professional 5
3736	3736	services while under the influence of alcohol or using any narcotic or controlled dangerous 6
3737	3737	substance, as defined in § 5–101 of the Criminal Law Article; 7
3738	3738
3739	3739	(2) Has been found to be mentally incompetent by a physician if the mental 8
3740	3740	incompetence impairs the ability of the applicant or licensee to undertake the practice of 9
3741	3741	naturopathic medicine in a manner consistent with the safety of the public; 10
3742	3742
3743	3743	(3) Has entered into a consent agreement with or has been assessed an 11
3744	3744	administrative penalty by a licensing authority in another state; 12
3745	3745
3746	3746	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 13
3747	3747	license for the applicant, the licensee, or another; 14
3748	3748
3749	3749	(5) Has a license revoked or suspended, or was otherwise acted against, 15
3750	3750	including the denial of licensure, by the licensing authority of another state; 16
3751	3751
3752	3752	(6) Uses false, deceptive, or misleading advertising; 17
3753	3753
3754	3754	(7) Advertises, practices, or attempts to practice under a name other than 18
3755	3755	the applicant’s or licensee’s own name; 19
3756	3756
3757	3757	(8) Aids, assists, employs, or advises any unlicensed individual to practice 20
3758	3758	naturopathic medicine in violation of this subtitle; 21
3759	3759
3760	3760	(9) Willfully makes or files a false report or record in the practice of 22
3761	3761	naturopathic medicine; 23
3762	3762
3763	3763	(10) Willfully or negligently fails to file a report or record as required by law, 24
3764	3764	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 25
3765	3765	to file or record a report; 26
3766	3766
3767	3767	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 27
3768	3768	in any split–fee arrangement in any form with a licensed physician, organization, agency, 28
3769	3769	or other person, either directly or indirectly, for patients referred to health care providers; 29
3770	3770
3771	3771	(12) Exercises influence within a patient–doctor relationship for purposes of 30
3772	3772	engaging a patient in sexual activity; 31
3773	3773
3774	3774	(13) Engages in sexual misconduct with a patient; 32
3775	3775	80 SENATE BILL 972
3776	3776
3777	3777
3778	3778	(14) Fails to keep written medical records justifying the course of treatment 1
3779	3779	of a patient; 2
3780	3780
3781	3781	(15) Engages in an act or omission that does not meet generally accepted 3
3782	3782	standards of practice of naturopathic medicine or of safe care of patients, whether or not 4
3783	3783	actual injury to a patient is established; 5
3784	3784
3785	3785	(16) Delegates professional responsibilities to an individual when the 6
3786	3786	licensee delegating the responsibilities knows or has reason to know that the individual is 7
3787	3787	not qualified by training, experience, or licensure to perform the responsibilities; 8
3788	3788
3789	3789	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 9
3790	3790	patient so as to exploit the patient for financial gain; 10
3791	3791
3792	3792	(18) Breaches patient confidentiality; 11
3793	3793
3794	3794	(19) Is guilty of unprofessional or immoral conduct in the practice of 12
3795	3795	naturopathic medicine; 13
3796	3796
3797	3797	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 14
3798	3798	method, treatment, or medicine; 15
3799	3799
3800	3800	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 16
3801	3801	of the Family Law Article; 17
3802	3802
3803	3803	(22) Sells, prescribes, gives away, or administers drugs for illegal or 18
3804	3804	illegitimate purposes; 19
3805	3805
3806	3806	(23) Denies or discriminates against an individual with regard to the 20
3807	3807	provision of professional services for which the licensee is licensed and qualified to render 21
3808	3808	because the individual is HIV positive; 22
3809	3809
3810	3810	(24) Fails to cooperate with a lawful investigation of the Board; 23
3811	3811
3812	3812	(25) Abandons a patient; 24
3813	3813
3814	3814	(26) Violates any provision of this title or any regulation adopted by the 25
3815	3815	Board; or 26
3816	3816
3817	3817	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 27
3818	3818	14–302 of this title. 28
3819	3819
3820	3820	14–5F–21. 29
3821	3821
3822	3822	[(a) The Board shall give notice and hold a hearing in accordance with the 30
3823	3823	Administrative Procedure Act. 31
3824	3824	SENATE BILL 972 81
3825	3825
3826	3826
3827	3827	(b) The individual may be represented at the hearing by counsel. 1
3828	3828
3829	3829	(c) Over the signature of an officer or the administrator of the Board, the Board 2
3830	3830	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 3
3831	3831	investigation under this subtitle and any hearings or proceedings before the Board or a 4
3832	3832	disciplinary panel. 5
3833	3833
3834	3834	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 6
3835	3835	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 7
3836	3836	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 8
3837	3837	may punish the person as for contempt of court. 9
3838	3838
3839	3839	(e) If, after due notice, the individual against whom the action is contemplated 10
3840	3840	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 11
3841	3841	matter. 12
3842	3842
3843	3843	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 13
3844	3844	PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 14
3845	3845	individual shall pay the costs of the hearing as specified in a regulation adopted by the 15
3846	3846	Board. 16
3847	3847
3848	3848	14–5F–24. 17
3849	3849
3850	3850	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 18
3851	3851	has been surrendered or revoked for a period of more than 1 year unless the licensee: 19
3852	3852
3853	3853	(1) Meets the requirements for reinstatement as established under this 20
3854	3854	title; and 21
3855	3855
3856	3856	(2) Completes a criminal history records check in accordance with [§ 22
3857	3857	14–308.1] § 14–302 of this title. 23
3858	3858
3859	3859	14–5G–09. 24
3860	3860
3861	3861	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 25
3862	3862	individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 26
3863	3863
3864	3864	(b) [The applicant must be of good moral character. 27
3865	3865
3866	3866	(c) The applicant must be at least 18 years old. 28
3867	3867
3868	3868	(d)] The applicant must be a graduate of an appropriate education program 29
3869	3869	approved by the Board. 30
3870	3870	82 SENATE BILL 972
3871	3871
3872	3872
3873	3873	[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 1
3874	3874	shall submit to the Board satisfactory evidence of certification by a national certifying 2
3875	3875	organization approved by the Board. 3
3876	3876
3877	3877	[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 4
3878	3878	(C) of this section, the applicant may qualify for licensure if the applicant: 5
3879	3879
3880	3880	(1) Has worked as a genetic counselor for: 6
3881	3881
3882	3882	(i) At least 10 years before January 1, 2024; and 7
3883	3883
3884	3884	(ii) At least 5 consecutive years immediately preceding the date on 8
3885	3885	which the applicant submits the application for licensure; 9
3886	3886
3887	3887	(2) Has graduated from an education program approved by the Board; 10
3888	3888
3889	3889	(3) Submits to the Board three letters of recommendation from licensed 11
3890	3890	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 12
3891	3891	for licensure and who: 13
3892	3892
3893	3893	(i) Have worked with the applicant in an employment or 14
3894	3894	professional setting for 3 years before the applicant submits the application for licensure; 15
3895	3895	and 16
3896	3896
3897	3897	(ii) Can attest to the applicant’s competency in providing genetic 17
3898	3898	counseling services; and 18
3899	3899
3900	3900	(4) Applies for initial licensure on or before December 31, 2024. 19
3901	3901
3902	3902	[(g) The applicant shall complete a criminal history records check in accordance 20
3903	3903	with § 14–308.1 of this title.] 21
3904	3904
3905	3905	[(h)] (E) The applicant shall meet any additional education, training, or 22
3906	3906	examination requirements established by the Board. 23
3907	3907
3908	3908	14–5G–14. 24
3909	3909
3910	3910	(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 25
3911	3911	14–5G–18 of this subtitle to the same extent as a genetic counselor. 26
3912	3912
3913	3913	14–5G–17. 27
3914	3914
3915	3915	A disciplinary panel may issue a cease and desist order for[: 28
3916	3916
3917	3917	(1) Practicing genetic counseling without a license or with an unauthorized 29
3918	3918	person; or 30 SENATE BILL 972 83
3919	3919
3920	3920
3921	3921
3922	3922	(2) Supervising] SUPERVISING or aiding an unauthorized person in the 1
3923	3923	practice of genetic counseling. 2
3924	3924
3925	3925	14–5G–18. 3
3926	3926
3927	3927	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
3928	3928	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 5
3929	3929	license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
3930	3930	suspend or revoke a license, if the [applicant or] licensee: 7
3931	3931
3932	3932	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
3933	3933	the applicant or licensee or for another; 9
3934	3934
3935	3935	(2) Fraudulently or deceptively uses a license; 10
3936	3936
3937	3937	(3) Is guilty of unprofessional or immoral conduct while practicing genetic 11
3938	3938	counseling; 12
3939	3939
3940	3940	(4) Is professionally, physically, or mentally incompetent; 13
3941	3941
3942	3942	(5) Abandons a patient; 14
3943	3943
3944	3944	(6) Is habitually intoxicated; 15
3945	3945
3946	3946	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
3947	3947	substance as defined in § 5–101 of the Criminal Law Article; 17
3948	3948
3949	3949	(8) Provides professional services while: 18
3950	3950
3951	3951	(i) Under the influence of alcohol; or 19
3952	3952
3953	3953	(ii) Using any narcotic or controlled dangerous substance as defined 20
3954	3954	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
3955	3955	amounts or without valid medical indication; 22
3956	3956
3957	3957	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
3958	3958	patient so as to exploit the patient for financial gain; 24
3959	3959
3960	3960	(10) Willfully makes or files a false report or record in the practice of genetic 25
3961	3961	counseling; 26
3962	3962
3963	3963	(11) Willfully fails to file or record any report as required under law, 27
3964	3964	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
3965	3965	to file or record a report; 29
3966	3966
3967	3967	(12) Breaches patient confidentiality; 30 84 SENATE BILL 972
3968	3968
3969	3969
3970	3970
3971	3971	(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
3972	3972	material benefit to any person for bringing or referring a patient or accepts or agrees to 2
3973	3973	accept any sum or any form of remuneration or material benefit from an individual for 3
3974	3974	bringing or referring a patient; 4
3975	3975
3976	3976	(14) Knowingly makes a misrepresentation while practicing genetic 5
3977	3977	counseling; 6
3978	3978
3979	3979	(15) Knowingly practices genetic counseling with an unauthorized 7
3980	3980	individual or aids an unauthorized individual in practicing genetic counseling; 8
3981	3981
3982	3982	(16) Knowingly delegates a genetic counseling duty to an unlicensed 9
3983	3983	individual; 10
3984	3984
3985	3985	(17) Grossly overutilizes health care services; 11
3986	3986
3987	3987	(18) Offers, undertakes, or agrees to cure or treat disease by a secret 12
3988	3988	method, treatment, or medicine; 13
3989	3989
3990	3990	(19) Is disciplined by a licensing or disciplinary authority or is convicted or 14
3991	3991	disciplined by a court of any state or country or is disciplined by any branch of the United 15
3992	3992	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 16
3993	3993	be grounds for disciplinary action under the Board’s disciplinary statutes; 17
3994	3994
3995	3995	(20) Fails to meet appropriate standards for the delivery of genetic 18
3996	3996	counseling services; 19
3997	3997
3998	3998	(21) Knowingly submits false statements to collect fees for which services 20
3999	3999	are not provided; 21
4000	4000
4001	4001	(22) (i) Has been subject to investigation or disciplinary action by a 22
4002	4002	licensing or disciplinary authority or by a court of any state or country for an act that would 23
4003	4003	be grounds for disciplinary action under the Board’s disciplinary statutes; and 24
4004	4004
4005	4005	(ii) Has: 25
4006	4006
4007	4007	1. Surrendered the license, if any, issued by the state or 26
4008	4008	country; or 27
4009	4009
4010	4010	2. Allowed the license, if any, issued by the state or country 28
4011	4011	to expire or lapse; 29
4012	4012
4013	4013	(23) Knowingly fails to report suspected child abuse in violation of § 5–704 30
4014	4014	of the Family Law Article; 31
4015	4015	SENATE BILL 972 85
4016	4016
4017	4017
4018	4018	(24) Practices or attempts to practice beyond the authorized scope of 1
4019	4019	practice; 2
4020	4020
4021	4021	(25) Refuses, withholds from, denies, or discriminates against an individual 3
4022	4022	with regard to the provision of professional services for which the licensee is licensed and 4
4023	4023	qualified to render because the individual is HIV positive; 5
4024	4024
4025	4025	(26) Practices or attempts to practice genetic counseling procedures or uses 6
4026	4026	or attempts to use genetic assessments if the applicant or licensee has not received 7
4027	4027	education and training in the performance of the procedure or the use of the genetic 8
4028	4028	assessment; 9
4029	4029
4030	4030	(27) Fails to cooperate with a lawful investigation of the Board or a 10
4031	4031	disciplinary panel; 11
4032	4032
4033	4033	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 12
4034	4034	14–302 of this title; or 13
4035	4035
4036	4036	(29) Violates any provision of this title or any rule or regulation pertaining 14
4037	4037	to genetic counseling that is adopted by the Board, the State, or the federal government. 15
4038	4038
4039	4039	SUBTITLE 5H. PHYSICIAN ASSISTANTS. 16
4040	4040
4041	4041	14–5H–01. 17
4042	4042
4043	4043	(a) In this title the following words have the meanings indicated. 18
4044	4044
4045	4045	[(d) “Board” means the State Board of Physicians, established under § 14–201 of 19
4046	4046	this article.] 20
4047	4047
4048	4048	[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 21
4049	4049
4050	4050	[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 22
4051	4051	of the Criminal Law Article. 23
4052	4052
4053	4053	[(g)] (F) “Correctional facility” includes a State or local correctional facility. 24
4054	4054
4055	4055	[(h)] (G) “Delegated medical acts” means activities that constitute the practice 25
4056	4056	of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 26
4057	4057
4058	4058	[(i)] (H) “Delegation agreement” means a document that is executed by a 27
4059	4059	primary supervising physician and a physician assistant containing the requirements of [§ 28
4060	4060	15–302] § 14–5H–08 of this [title] SUBTITLE. 29
4061	4061
4062	4062	[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 30
4063	4063	under § 14–401 of this article.] 31 86 SENATE BILL 972
4064	4064
4065	4065
4066	4066
4067	4067	[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
4068	4068	article. 2
4069	4069
4070	4070	[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
4071	4071	promote the sale of the drug and is not intended for sale. 4
4072	4072
4073	4073	[(l)] (K) “Hospital” means: 5
4074	4074
4075	4075	(1) A hospital as defined under § 19–301 of the Health – General Article; 6
4076	4076
4077	4077	(2) A comprehensive care facility that: 7
4078	4078
4079	4079	(i) Meets the requirements of a hospital–based skilled nursing 8
4080	4080	facility under federal law; and 9
4081	4081
4082	4082	(ii) Offers acute care in the same building; and 10
4083	4083
4084	4084	(3) An emergency room that is physically connected to a hospital or a 11
4085	4085	freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 12
4086	4086	General Article. 13
4087	4087
4088	4088	[(m)] (L) “License” means a license issued by the Board to a physician assistant 14
4089	4089	under this title. 15
4090	4090
4091	4091	[(n)] (M) “National certifying examination” means the Physician Assistant 16
4092	4092	National Certifying Examination administered by the National Commission on 17
4093	4093	Certification of Physician Assistants or its successor. 18
4094	4094
4095	4095	[(o)] (N) “Physician assistant” means an individual who is licensed under this 19
4096	4096	title to practice medicine with physician supervision. 20
4097	4097
4098	4098	[(p)] (O) “Practice as a physician assistant” means the performance of medical 21
4099	4099	acts that are: 22
4100	4100
4101	4101	(1) Delegated by a supervising physician to a physician assistant; 23
4102	4102
4103	4103	(2) Within the supervising physician’s scope of practice; and 24
4104	4104
4105	4105	(3) Appropriate to the physician assistant’s education, training, and 25
4106	4106	experience. 26
4107	4107
4108	4108	[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
4109	4109	alternate supervising physician to a physician assistant to: 28
4110	4110	SENATE BILL 972 87
4111	4111
4112	4112
4113	4113	(1) Prescribe and administer controlled dangerous substances, prescription 1
4114	4114	drugs, medical devices, and the oral, written, or electronic ordering of medications; and 2
4115	4115
4116	4116	(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 3
4117	4117	14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 4
4118	4118
4119	4119	[(r)] (Q) “Primary supervising physician” means a physician who: 5
4120	4120
4121	4121	(1) Completes a delegation agreement that meets the requirements under 6
4122	4122	[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 7
4123	4123	SUBTITLE and files a copy with the Board; 8
4124	4124
4125	4125	(2) Acts as the physician responsible to ensure that a physician assistant 9
4126	4126	practices medicine in accordance with this title and the regulations adopted under this title; 10
4127	4127
4128	4128	(3) Ensures that a physician assistant practices within the scope of practice 11
4129	4129	of the primary supervising physician or any designated alternate supervising physician; 12
4130	4130	and 13
4131	4131
4132	4132	(4) Ensures that a list of alternate supervising physicians is maintained at 14
4133	4133	the practice setting. 15
4134	4134
4135	4135	[(s)] (R) “Public health facility” means a site where clinical public health 16
4136	4136	services are rendered under the auspices of the Department, a local health department in 17
4137	4137	a county, or the Baltimore City Health Department. 18
4138	4138
4139	4139	[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 19
4140	4140
4141	4141	(1) Of short duration of 72 hours or less; or 20
4142	4142
4143	4143	(2) Prior to obtaining a larger quantity of the drug to complete therapy. 21
4144	4144
4145	4145	[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 22
4146	4146	on–site supervision or immediately available direction for physician assistants performing 23
4147	4147	delegated medical acts. 24
4148	4148
4149	4149	(2) “Supervision” includes physician oversight of and acceptance of direct 25
4150	4150	responsibility for the patient services and care rendered by a physician assistant, including 26
4151	4151	continuous availability to the physician assistant in person, through written instructions, 27
4152	4152	or by electronic means and by designation of one or more alternate supervising physicians. 28
4153	4153
4154	4154	14–5H–02. 29
4155	4155
4156	4156	[(a)] A physician assistant may not practice within the scope of practice of any of 30
4157	4157	the following health occupations authorized under this article: 31
4158	4158	88 SENATE BILL 972
4159	4159
4160	4160
4161	4161	(1) Nursing; 1
4162	4162
4163	4163	(2) Optometry; 2
4164	4164
4165	4165	(3) Physical therapy; or 3
4166	4166
4167	4167	(4) Psychology. 4
4168	4168
4169	4169	[(b) This title does not limit the right of an individual to practice a health 5
4170	4170	occupation that the individual is authorized to practice under this article.] 6
4171	4171
4172	4172	14–5H–03. 7
4173	4173
4174	4174	(c) Except as otherwise provided under subsections (b) and (d) of this section, a 8
4175	4175	hospital, a related institution, an alternative health care system, or an employer of a 9
4176	4176	physician assistant shall report to the Board any limitation, reduction, or other change of 10
4177	4177	the terms of employment of the physician assistant or any termination of employment of 11
4178	4178	the physician assistant for any reason that might be grounds for disciplinary action under 12
4179	4179	[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 13
4180	4180
4181	4181	(d) A hospital, related institution, alternative health system, or employer that has 14
4182	4182	reason to know that a physician assistant has committed an action or has a condition that 15
4183	4183	might be grounds for reprimand or probation of the physician assistant or suspension or 16
4184	4184	revocation of the license of the physician assistant under [§ 15–314] § 14–5H–16 of this 17
4185	4185	[title] SUBTITLE because the physician assistant is alcohol– or drug–impaired is not 18
4186	4186	required to report to the Board if: 19
4187	4187
4188	4188	(1) The hospital, related institution, alternative health system, or 20
4189	4189	employer knows that the physician assistant is: 21
4190	4190
4191	4191	(i) In an alcohol or drug treatment program that is accredited by the 22
4192	4192	Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 23
4193	4193	Department; or 24
4194	4194
4195	4195	(ii) Under the care of a health care practitioner who is competent 25
4196	4196	and capable of dealing with alcoholism and drug abuse; 26
4197	4197
4198	4198	(2) The hospital, related institution, alternative health system, or 27
4199	4199	employer is able to verify that the physician assistant remains in the treatment program 28
4200	4200	until discharge; and 29
4201	4201
4202	4202	(3) The action or condition of the physician assistant has not caused injury 30
4203	4203	to any person while the physician assistant is practicing as a licensed physician assistant. 31
4204	4204
4205	4205	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 32
4206	4206	or drug treatment program that is accredited by the Joint Commission [on Accreditation of 33 SENATE BILL 972 89
4207	4207
4208	4208
4209	4209	Healthcare Organizations] or that is certified by the Department, the physician assistant 1
4210	4210	shall notify the hospital, related institution, alternative health system, or employer of the 2
4211	4211	physician assistant’s decision to enter the treatment program. 3
4212	4212
4213	4213	14–5H–06. 4
4214	4214
4215	4215	(a) In addition to the powers set forth elsewhere in this title, the Committee, on 5
4216	4216	its initiative or on the Board’s request, may: 6
4217	4217
4218	4218	(1) Recommend to the Board regulations for carrying out the provisions of 7
4219	4219	this title; 8
4220	4220
4221	4221	(2) Recommend to the Board approval, modification, or disapproval of an 9
4222	4222	application for licensure or a delegation agreement; 10
4223	4223
4224	4224	(3) Report to the Board any conduct of a supervising physician or a 11
4225	4225	physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 12
4226	4226	or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 13
4227	4227
4228	4228	(4) Report to the Board any alleged unauthorized practice of a physician 14
4229	4229	assistant. 15
4230	4230
4231	4231	14–5H–07. 16
4232	4232
4233	4233	(c) Patient services that may be provided by a physician assistant include: 17
4234	4234
4235	4235	(1) (i) Taking complete, detailed, and accurate patient histories; and 18
4236	4236
4237	4237	(ii) Reviewing patient records to develop comprehensive medical 19
4238	4238	status reports; 20
4239	4239
4240	4240	(2) Performing physical examinations and recording all pertinent patient 21
4241	4241	data; 22
4242	4242
4243	4243	(3) Interpreting and evaluating patient data as authorized by the primary 23
4244	4244	or alternate supervising physician for the purpose of determining management and 24
4245	4245	treatment of patients; 25
4246	4246
4247	4247	(4) Initiating requests for or performing diagnostic procedures as indicated 26
4248	4248	by pertinent data and as authorized by the supervising physician; 27
4249	4249
4250	4250	(5) Providing instructions and guidance regarding medical care matters to 28
4251	4251	patients; 29
4252	4252	90 SENATE BILL 972
4253	4253
4254	4254
4255	4255	(6) Assisting the primary or alternate supervising physician in the delivery 1
4256	4256	of services to patients who require medical care in the home and in health care institutions, 2
4257	4257	including: 3
4258	4258
4259	4259	(i) Recording patient progress notes; 4
4260	4260
4261	4261	(ii) Issuing diagnostic orders; and 5
4262	4262
4263	4263	(iii) Transcribing or executing specific orders at the direction of the 6
4264	4264	primary or alternate supervising physician; and 7
4265	4265
4266	4266	(7) Exercising prescriptive authority under a delegation agreement and in 8
4267	4267	accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 9
4268	4268
4269	4269	14–5H–08. 10
4270	4270
4271	4271	(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 11
4272	4272	authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 12
4273	4273	the physician delegating the duties, a primary supervising physician shall obtain the 13
4274	4274	Board’s approval of a delegation agreement that includes advanced duties in accordance 14
4275	4275	with subsubparagraph 2 of this subparagraph. 15
4276	4276
4277	4277	(g) If the Board determines that a primary or alternate supervising physician or 16
4278	4278	physician assistant is practicing in a manner inconsistent with the requirements of this 17
4279	4279	title [or Title 14 of this article], the Board on its own initiative or on the recommendation 18
4280	4280	of the Committee may demand modification of the practice, withdraw the approval of the 19
4281	4281	delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 20
4282	4282	other disciplinary action under [§ 14–404 or §15–314] § 14–5H–16 OF THIS SUBTITLE OR 21
4283	4283	§ 14–515 of this [article] TITLE. 22
4284	4284
4285	4285	(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 23
4286	4286	14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 24
4287	4287	agreement filed with the Board under this subtitle at any time. 25
4288	4288
4289	4289	(l) (2) If there is no designated alternate supervising physician or the 26
4290	4290	designated alternate supervising physician does not agree to supervise the physician 27
4291	4291	assistant, the physician assistant may not practice until the physician assistant receives 28
4292	4292	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 29
4293	4293
4294	4294	(m) A physician assistant whose delegation agreement is terminated may not 30
4295	4295	practice as a physician assistant until the physician assistant receives preliminary 31
4296	4296	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 32
4297	4297
4298	4298	14–5H–09. 33
4299	4299	SENATE BILL 972 91
4300	4300
4301	4301
4302	4302	(a) If a delegation agreement does not include advanced duties or the advanced 1
4303	4303	duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 2
4304	4304	physician assistant may assume the duties under a delegation agreement on the date that 3
4305	4305	the Board acknowledges receipt of the completed delegation agreement. 4
4306	4306
4307	4307	(b) In this section, “pending” means that a delegation agreement that includes 5
4308	4308	delegation of advanced duties in a setting that does not meet the requirements under [§ 6
4309	4309	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 7
4310	4310	Board for its approval, but: 8
4311	4311
4312	4312	(1) The Committee has not made a recommendation to the Board; or 9
4313	4313
4314	4314	(2) The Board has not made a final decision regarding the delegation 10
4315	4315	agreement. 11
4316	4316
4317	4317	14–5H–10. 12
4318	4318
4319	4319	(e) Before a physician assistant may renew a license for an additional 2–year 13
4320	4320	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 14
4321	4321	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 15
4322	4322	education within the previous 2 years. 16
4323	4323
4324	4324	14–5H–12. 17
4325	4325
4326	4326	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 18
4327	4327	TITLE, TO qualify for a license, an applicant shall: 19
4328	4328
4329	4329	[(1) Complete a criminal history records check in accordance with § 20
4330	4330	14–308.1 of this article; 21
4331	4331
4332	4332	(2) Be of good moral character; 22
4333	4333
4334	4334	(3) Demonstrate oral and written competency in the English language as 23
4335	4335	required by the Board; 24
4336	4336
4337	4337	(4) Be at least 18 years old; and 25
4338	4338
4339	4339	(5) (i)] (1) Be a graduate of a physician assistant training program 26
4340	4340	approved by the Board; or 27
4341	4341
4342	4342	[(ii)] (2) Have passed the physician assistant national certifying 28
4343	4343	examination administered by the National Commission on Certification of Physician 29
4344	4344	Assistants prior to 1986, maintained all continuing education and recertification 30
4345	4345	requirements, and been in continuous practice since passage of the examination. 31
4346	4346
4347	4347	14–5H–14. 32 92 SENATE BILL 972
4348	4348
4349	4349
4350	4350
4351	4351	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 1
4352	4352	the primary place of business of the licensee. 2
4353	4353
4354	4354	[(b) (1) Each licensee shall give the Board written notice of any change of name 3
4355	4355	or address within 60 days of the date of the change. 4
4356	4356
4357	4357	(2) A licensee who fails to comply with this subsection is subject to an 5
4358	4358	administrative penalty of $100.] 6
4359	4359
4360	4360	14–5H–15. 7
4361	4361
4362	4362	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 8
4363	4363	Article, before the Board takes any action to reject or modify a delegation agreement or 9
4364	4364	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 10
4365	4365	Board. 11
4366	4366
4367	4367	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 12
4368	4368	Subtitle 2 of the State Government Article. 13
4369	4369
4370	4370	[(3)] (C) The Board may adminis ter oaths in connection with any 14
4371	4371	proceeding under this section. 15
4372	4372
4373	4373	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 16
4374	4374	sent to the last known address of the applicant or licensee. 17
4375	4375
4376	4376	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 18
4377	4377	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 19
4378	4378	review as allowed by the Administrative Procedure Act.] 20
4379	4379
4380	4380	14–5H–16. 21
4381	4381
4382	4382	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 22
4383	4383	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 23
4384	4384	reprimand any physician assistant, place any physician assistant on probation, or suspend 24
4385	4385	or revoke a license if the physician assistant: 25
4386	4386
4387	4387	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
4388	4388	the applicant or licensee or for another; 27
4389	4389
4390	4390	(2) Fraudulently or deceptively uses a license; 28
4391	4391
4392	4392	(3) Is guilty of: 29
4393	4393
4394	4394	(i) Immoral conduct in the practice of medicine; or 30
4395	4395	SENATE BILL 972 93
4396	4396
4397	4397
4398	4398	(ii) Unprofessional conduct in the practice of medicine; 1
4399	4399
4400	4400	(4) Is professionally, physically, or mentally incompetent; 2
4401	4401
4402	4402	(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–19 of this 3
4403	4403	[article] SUBTITLE; 4
4404	4404
4405	4405	(6) Abandons a patient; 5
4406	4406
4407	4407	(7) Habitually is intoxicated; 6
4408	4408
4409	4409	(8) Is addicted to, or habitually abuses, any narcotic or controlled 7
4410	4410	dangerous substance as defined in § 5–101 of the Criminal Law Article; 8
4411	4411
4412	4412	(9) Provides professional services: 9
4413	4413
4414	4414	(i) While under the influence of alcohol; or 10
4415	4415
4416	4416	(ii) While using any narcotic or controlled dangerous substance, as 11
4417	4417	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 12
4418	4418	amounts or without valid medical indication; 13
4419	4419
4420	4420	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 14
4421	4421	as to exploit the patient for financial gain; 15
4422	4422
4423	4423	(11) Willfully makes or files a false report or record in the practice of 16
4424	4424	medicine; 17
4425	4425
4426	4426	(12) Willfully fails to file or record any medical report as required under law, 18
4427	4427	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 19
4428	4428	to file or record the report; 20
4429	4429
4430	4430	(13) On proper request, and in accordance with the provisions of Title 4, 21
4431	4431	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 22
4432	4432	record to the patient, another physician, or hospital; 23
4433	4433
4434	4434	(14) Solicits professional patronage through an agent or other person or 24
4435	4435	profits from the acts of a person who is represented as an agent of the physician; 25
4436	4436
4437	4437	(15) Pays or agrees to pay any sum to any person for bringing or referring a 26
4438	4438	patient or accepts or agrees to accept any sum from any person for bringing or referring a 27
4439	4439	patient; 28
4440	4440
4441	4441	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 29
4442	4442	the laboratory for a test or test series for a patient, unless the licensed physician assistant 30
4443	4443	discloses on the bill to the patient or third–party payor: 31
4444	4444	94 SENATE BILL 972
4445	4445
4446	4446
4447	4447	(i) The name of the laboratory; 1
4448	4448
4449	4449	(ii) The amount paid to the laboratory for the test or test series; and 2
4450	4450
4451	4451	(iii) The amount of procurement or processing charge of the licensed 3
4452	4452	physician, if any, for each specimen taken; 4
4453	4453
4454	4454	(17) Makes a willful misrepresentation in treatment; 5
4455	4455
4456	4456	(18) Practices medicine with an unauthorized person or aids an 6
4457	4457	unauthorized person in the practice of medicine; 7
4458	4458
4459	4459	(19) Grossly overutilizes health care services; 8
4460	4460
4461	4461	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 9
4462	4462	method, treatment, or medicine; 10
4463	4463
4464	4464	(21) Is disciplined by a licensing or disciplinary authority or convicted or 11
4465	4465	disciplined by a court of any state or country or disciplined by any branch of the United 12
4466	4466	States uniformed services or the Veterans’ Administration for an act that would be grounds 13
4467	4467	for disciplinary action under this section; 14
4468	4468
4469	4469	(22) Fails to meet appropriate standards for the delivery of quality medical 15
4470	4470	and surgical care performed in an outpatient surgical facility, office, hospital, or any other 16
4471	4471	location in this State; 17
4472	4472
4473	4473	(23) Willfully submits false statements to collect fees for which services are 18
4474	4474	not provided; 19
4475	4475
4476	4476	(24) Was subject to investigation or disciplinary action by a licensing or 20
4477	4477	disciplinary authority or by a court of any state or country for an act that would be grounds 21
4478	4478	for disciplinary action under this section and the licensee: 22
4479	4479
4480	4480	(i) Surrendered the license issued by the state or country to the 23
4481	4481	state or country; or 24
4482	4482
4483	4483	(ii) Allowed the license issued by the state or country to expire or 25
4484	4484	lapse; 26
4485	4485
4486	4486	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 27
4487	4487	of the Family Law Article; 28
4488	4488
4489	4489	(26) Fails to educate a patient being treated for breast cancer of alternative 29
4490	4490	methods of treatment as required by § 20–113 of the Health – General Article; 30
4491	4491
4492	4492	(27) Sells, prescribes, gives away, or administers drugs for illegal or 31
4493	4493	illegitimate medical purposes; 32 SENATE BILL 972 95
4494	4494
4495	4495
4496	4496
4497	4497	(28) Fails to comply with the provisions of § 12–102 of this article; 1
4498	4498
4499	4499	(29) Refuses, withholds from, denies, or discriminates against an individual 2
4500	4500	with regard to the provision of professional services for which the physician assistant is 3
4501	4501	licensed and qualified to render because the individual is HIV positive; 4
4502	4502
4503	4503	(30) Except as to an association that has remained in continuous existence 5
4504	4504	since July 1, 1963: 6
4505	4505
4506	4506	(i) Associates with a pharmacist as a partner or co–owner of a 7
4507	4507	pharmacy for the purpose of operating a pharmacy; 8
4508	4508
4509	4509	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 9
4510	4510	or 10
4511	4511
4512	4512	(iii) Contracts with a pharmacist for the purpose of operating a 11
4513	4513	pharmacy; 12
4514	4514
4515	4515	(31) Except in an emergency life–threatening situation where it is not 13
4516	4516	feasible or practicable, fails to comply with the Centers for Disease Control and 14
4517	4517	Prevention’s guidelines on universal precautions; 15
4518	4518
4519	4519	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 16
4520	4520	[article] TITLE; 17
4521	4521
4522	4522	(33) Fails to cooperate with a lawful investigation conducted by the Board 18
4523	4523	or a disciplinary panel; 19
4524	4524
4525	4525	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 20
4526	4526	Article; 21
4527	4527
4528	4528	(35) Is in breach of a service obligation resulting from the applicant’s or 22
4529	4529	licensee’s receipt of State or federal funding for the physician assistant’s medical education; 23
4530	4530
4531	4531	(36) Willfully makes a false representation when seeking or making 24
4532	4532	application for licensure or any other application related to the practice of medicine; 25
4533	4533
4534	4534	(37) By corrupt means, threats, or force, intimidates or influences, or 26
4535	4535	attempts to intimidate or influence, for the purpose of causing any person to withhold or 27
4536	4536	change testimony in hearings or proceedings before the Board or a disciplinary panel or 28
4537	4537	those otherwise delegated to the Office of Administrative Hearings; 29
4538	4538
4539	4539	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 30
4540	4540	delays any person from making information available to the Board or a disciplinary panel 31
4541	4541	in furtherance of any investigation of the Board or a disciplinary panel; 32
4542	4542	96 SENATE BILL 972
4543	4543
4544	4544
4545	4545	(39) Intentionally misrepresents credentials for the purpose of testifying or 1
4546	4546	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 2
4547	4547	panel or those otherwise delegated to the Office of Administrative Hearings; 3
4548	4548
4549	4549	(40) Fails to keep adequate medical records; 4
4550	4550
4551	4551	(41) Performs delegated medical acts beyond the scope of the delegation 5
4552	4552	agreement filed with the Board or after notification from the Board that an advanced duty 6
4553	4553	has been disapproved; 7
4554	4554
4555	4555	(42) Performs delegated medical acts without the supervision of a physician; 8
4556	4556
4557	4557	(43) Fails to complete a criminal history records check under [§ 14–308.1] § 9
4558	4558	14–302 of this [article] TITLE; 10
4559	4559
4560	4560	(44) Fails to comply with the requirements of the Prescription Drug 11
4561	4561	Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 12
4562	4562
4563	4563	(45) Fails to comply with the requirements of the Prescription Drug 13
4564	4564	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 14
4565	4565
4566	4566	(46) Fails to comply with any State or federal law pertaining to the practice 15
4567	4567	as a physician assistant. 16
4568	4568
4569	4569	(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 17
4570	4570	PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBS ECTION (A) 18
4571	4571	OF THIS SECTION TO SUSPEND O R REVOKE A LICENSE O F A PHYSICIAN ASSIST ANT, 19
4572	4572	REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 20
4573	4573	PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 21
4574	4574	FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 22
4575	4575	REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 23
4576	4576	LICENSEE ON PROBATIO N. 24
4577	4577
4578	4578	(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 25
4579	4579	INTO THE GENERAL FUND OF THE STATE. 26
4580	4580
4581	4581	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE, A 27
4582	4582	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 28
4583	4583	TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 29
4584	4584
4585	4585	14–5H–21. 30
4586	4586
4587	4587	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 31
4588	4588	of this subtitle: 32
4589	4589	SENATE BILL 972 97
4590	4590
4591	4591
4592	4592	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 1
4593	4593	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 2
4594	4594
4595	4595	(2) Shall lose licensure as a physician assistant under this title. 3
4596	4596
4597	4597	(b) (1) In addition to the penalties under subsection (a) of this section, a person 4
4598	4598	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 5
4599	4599	assessed by a disciplinary panel in an amount not exceeding $5,000. 6
4600	4600
4601	4601	(2) In addition to the penalties under paragraph (1) of this subsection, a 7
4602	4602	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 8
4603	4603	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 9
4604	4604
4605	4605	(3) The Board shall pay any civil penalty collected under this subsection 10
4606	4606	into the Board of Physicians Fund. 11
4607	4607
4608	4608	14–5H–22. 12
4609	4609
4610	4610	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 13
4611	4611
4612	4612	14–5H–23. 14
4613	4613
4614	4614	Subject to the evaluation and reestablishment provisions of the Maryland Program 15
4615	4615	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 16
4616	4616	SUBTITLE shall terminate and be of no effect after July 1, 2030. 17
4617	4617
4618	4618	Article – Transportation 18
4619	4619
4620	4620	13–616. 19
4621	4621
4622	4622	(a) (1) In this subtitle the following words have the meanings indicated. 20
4623	4623
4624	4624	(7) “Licensed physician assistant” means an individual who is licensed 21
4625	4625	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 22
4626	4626	with physician supervision. 23
4627	4627
4628	4628	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 24
4629	4629	as follows: 25
4630	4630
4631	4631	Article – Health Occupations 26
4632	4632
4633	4633	14–3A–01. 27
4634	4634
4635	4635	The Interstate Medical Licensure Compact is enacted into law and entered into with 28
4636	4636	all other states legally joining in it in the form substantially as it appears in this section as 29
4637	4637	follows: 30 98 SENATE BILL 972
4638	4638
4639	4639
4640	4640
4641	4641	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 1
4642	4642
4643	4643	(b) (3) (i) The member board within the state selected as the state of 2
4644	4644	principal license shall, in the course of verifying eligibility, require the applicant to obtain 3
4645	4645	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 4
4646	4646	including the use of the results of fingerprint or other biometric data checks compliant with 5
4647	4647	the requirements of the Federal Bureau of Investigation, with the exception of federal 6
4648	4648	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 7
4649	4649
4650	4650	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
4651	4651	as follows: 9
4652	4652
4653	4653	Article – Tax – General 10
4654	4654
4655	4655	10–752. 11
4656	4656
4657	4657	(a) (1) In this section the following words have the meanings indicated. 12
4658	4658
4659	4659	(3) “Health care practitioner” means an individual who: 13
4660	4660
4661	4661	(i) is licensed to practice medicine under Title 14 of the Health 14
4662	4662	Occupations Article; 15
4663	4663
4664	4664	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 16
4665	4665	the Health Occupations Article; or 17
4666	4666
4667	4667	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 18
4668	4668	Health Occupations Article. 19
4669	4669
4670	4670	(d) (7) The Fund consists of: 20
4671	4671
4672	4672	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 21
4673	4673	the Health Occupations Article; 22
4674	4674
4675	4675	(ii) money appropriated in the State budget to the Fund; and 23
4676	4676
4677	4677	(iii) any other money from any other source accepted for the benefit 24
4678	4678	of the Fund. 25
4679	4679
4680	4680	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 26
4681	4681	Annotated Code of Maryland, in consultation with and subject to the approval of the 27
4682	4682	Department of Legislative Services, shall correct, with no further action required by the 28
4683	4683	General Assembly, cross–references and terminology rendered incorrect by this Act. The 29
4684	4684	publisher shall adequately describe any correction that is made in an editor’s note following 30
4685	4685	the section affected. 31
4686	4686	SENATE BILL 972 99
4687	4687
4688	4688
4689	4689	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
4690	4690	October 1, 2022. Section 4 of this Act shall remain effective until the taking effect of the 2
4691	4691	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 3
4692	4692	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 4
4693	4693	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 5
4694	4694	until the taking effect of the termination provision specified in Section 6 of Chapters 153 6
4695	4695	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 7
4696	4696	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 8
4697	4697	may not be interpreted to have any effect on those termination provisions. 9
4698	4698