EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0962*
HOUSE BILL 962
J2 3lr1854
HB 1252/22 – HGO
By: Delegate Alston
Introduced and read first time: February 10, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Physicians and Allied Health Professions – Reorganization and Revisions 2
FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
and reorganizing certain provisions of law governing the State Board of Physicians 4
and the regulation of physicians, physician assistants, and allied health 5
professionals; authorizing the Board to regulate the allied health committees; 6
repealing the requirement that the Board provide a certain data sheet; and generally 7
relating to the State Board of Physicians and the regulation of physicians, physician 8
assistants, and allied health professionals. 9
BY repealing 10
Article – Health Occupations 11
Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 12
14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 13
14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14
14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 15
through 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 16
14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 14–5D–09, 14–5D–12, 17
14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14–5D–16.1, 14–5E–02 18
through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14–5E–19, 19
14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 20
14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 21
14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 22
15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 15–315, 15–316, 23
and 15–316.1 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2022 Supplement) 26
BY renumbering 27
Article – Health Occupations 28 2 HOUSE BILL 962
Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 1
14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 2
14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 3
14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 4
14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 5
15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 6
15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 7
to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 8
14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 9
14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 10
14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 11
14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 12
14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 13
14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 14
14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 15
respectively 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Correctional Services 20
Section 9–603(d)(2) 21
Annotated Code of Maryland 22
(2017 Replacement Volume and 2022 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Courts and Judicial Proceedings 25
Section 5–106(r), 5–715(d), and 10–205(b) 26
Annotated Code of Maryland 27
(2020 Replacement Volume and 2022 Supplement) 28
BY repealing and reenacting, without amendments, 29
Article – Health – General 30
Section 4–201(a), 5–601(a), and 13–3301(a) 31
Annotated Code of Maryland 32
(2019 Replacement Volume and 2022 Supplement) 33
BY repealing and reenacting, with amendments, 34
Article – Health – General 35
Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 36
Annotated Code of Maryland 37
(2019 Replacement Volume and 2022 Supplement) 38
BY repealing and reenacting, with amendments, 39
Article – Health Occupations 40
Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 41
14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 42 HOUSE BILL 962 3
14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 1
(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 2
(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 3
14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 4
14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 5
14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 6
14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 7
14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 8
14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Health Occupations 13
Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2022 Supplement) 16
BY adding to 17
Article – Health Occupations 18
Section 14–101(a–2), (n), and (p–1), 14–404, 14–417, 14–504, 14–514, 14–516, 19
14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 20
14–5F–07(g) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2022 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Health Occupations 25
Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 26
14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 27
14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 28
14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 29
14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), (d), 30
and (e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and 31
(m), 14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 32
14–5H–16(a), and 14–5H–21 through 14–5H–23 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2022 Supplement) 35
(As enacted by Section 2 of this Act) 36
BY adding to 37
Article – Health Occupations 38
Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 39
14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 40
Assistants” 41
Annotated Code of Maryland 42
(2021 Replacement Volume and 2022 Supplement) 43 4 HOUSE BILL 962
(As enacted by Section 2 of this Act) 1
BY repealing 2
Article – Health Occupations 3
Section 14–5H–01(d) and (i–1) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2022 Supplement) 6
(As enacted by Section 2 of this Act) 7
BY repealing and reenacting, without amendments, 8
Article – Transportation 9
Section 13–616(a)(1) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2022 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Transportation 14
Section 13–616(a)(7) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2022 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Tax – General 19
Section 10–752(a)(1) 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22
BY repealing and reenacting, with amendments, 23
Article – Tax – General 24
Section 10–752(a)(3) and (d)(7) 25
Annotated Code of Maryland 26
(2022 Replacement Volume) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 29
14–5A–04, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 30
14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 31
14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 through 14–5C–04, 14–5C–11, 32
14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 33
14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 34
14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 35
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 36
through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 37
14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 38
15–308, 15–310 through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health 39
Occupations of the Annotated Code of Maryland be repealed. 40
HOUSE BILL 962 5
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 1
14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 2
14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 3
14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 4
14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 5
15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 6
15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 of Article 7
– Health Occupations of the Annotated Code of Maryland be renumbered to be Section(s) 8
14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 14–506, 9
14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 14–509 through 14–511, 10
14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 14–525, 14–415, 11
14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 12
14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 13
14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14
14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 15
respectively. 16
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Correctional Services 19
9–603. 20
(d) (2) If an assessment conducted under paragraph (1) of this subsection 21
indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 22
care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 23
Title 15] of the Health Occupations Article. 24
Article – Courts and Judicial Proceedings 25
5–106. 26
(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 27
Occupations Article of practicing, attempting to practice, or offering to practice medicine 28
without a license shall be instituted within 3 years after the offense was committed. 29
5–715. 30
(d) Any person who acts in good faith is not civilly liable for giving any of the 31
information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 32
Occupations Article. 33
10–205. 34
(b) Records, reports, statements, notes, or information assembled or obtained by 35
the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 36 6 HOUSE BILL 962
Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 1
Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 2
national organized medical society or research group that are declared confidential by § 3
4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 4
Article, are not admissible in evidence in any proceeding. 5
Article – Health – General 6
4–201. 7
(a) In this subtitle the following words have the meanings indicated. 8
(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 9
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 10
supervision. 11
5–601. 12
(a) In this subtitle the following words have the meanings indicated. 13
(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 14
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 15
supervision. 16
13–3301. 17
(a) In this subtitle the following words have the meanings indicated. 18
(d) “Certifying provider” means an individual who: 19
(1) (i) 1. Has an active, unrestricted license to practice medicine 20
that was issued by the State Board of Physicians under Title 14 of the Health Occupations 21
Article; and 22
2. Is in good standing with the State Board of Physicians; 23
(ii) 1. Has an active, unrestricted license to practice dentistry 24
that was issued by the State Board of Dental Examiners under Title 4 of the Health 25
Occupations Article; and 26
2. Is in good standing with the State Board of Dental 27
Examiners; 28
(iii) 1. Has an active, unrestricted license to practice podiatry 29
that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 30
Health Occupations Article; and 31
HOUSE BILL 962 7
2. Is in good standing with the State Board of Podiatric 1
Medical Examiners; 2
(iv) 1. Has an active, unrestricted license to practice registered 3
nursing and has an active, unrestricted certification to practice as a nurse practitioner or 4
a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 5
Occupations Article; and 6
2. Is in good standing with the State Board of Nursing; or 7
(v) 1. Has an active, unrestricted license to practice as a 8
physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 9
5H of the Health Occupations Article; 10
2. Has an active delegation agreement with a primary 11
supervising physician who is a certifying provider; and 12
3. Is in good standing with the State Board of Physicians; 13
(2) Has a State controlled dangerous substances registration; and 14
(3) Is registered with the Commission to make cannabis available to 15
patients for medical use in accordance with regulations adopted by the Commission. 16
18–214.1. 17
(b) Notwithstanding any other provision of law, the following health care 18
providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 19
partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 20
making a personal physical assessment of the patient’s partner: 21
(1) A physician licensed under Title 14 of the Health Occupations Article; 22
(2) An advanced practice registered nurse with prescriptive authority 23
licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 24
of the Health Occupations Article; 25
(3) An authorized physician assistant licensed under Title [15] 14, 26
SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 27
14–5H–10 of the Health Occupations Article; and 28
(4) A registered nurse employed by a local health department who complies 29
with: 30
(i) The formulary developed and approved under § 3–403(b) of this 31
article; and 32
8 HOUSE BILL 962
(ii) The requirements established under § 8–512 of the Health 1
Occupations Article. 2
Article – Health Occupations 3
1–302. 4
(g) Subsection (d)(12) of this section may not be construed to: 5
(1) Permit an individual or entity to engage in the insurance business, as 6
defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 7
the Maryland Insurance Commissioner and satisfying all other applicable requirements of 8
the Insurance Article; 9
(2) (i) Impose additional obligations on a carrier providing 10
incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 11
Article; or 12
(ii) Require the disclosure of information regarding the 13
incentive–based compensation, except as required under § 15–113 of the Insurance Article; 14
(3) Authorize a health care entity to knowingly make a direct or indirect 15
payment to a health care practitioner as an inducement to reduce or limit medically 16
necessary services to individuals who are under the direct care of the health care 17
practitioner; 18
(4) Permit an arrangement that violates: 19
(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 20
(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 21
Law Article; 22
(5) Narrow, expand, or otherwise modify: 23
(i) Any definition in § 1–301 of this subtitle, including the definition 24
of “in–office ancillary services”; or 25
(ii) Any exception in subsection (d)(4) of this section including the 26
exception for referrals for in–office ancillary services or tests; or 27
(6) Require a compensation arrangement to comply with the provisions of 28
subsection (d)(12) of this section if the compensation arrangement is exempt under any 29
other provision of subsection (d) of this section. 30
1–306. 31
HOUSE BILL 962 9
(e) This section does not prohibit: 1
(1) A referring laboratory from billing for anatomic pathology services or 2
histologic processing if the referring laboratory must send a specimen to another clinical 3
laboratory for histologic processing or anatomic pathology consultation; and 4
(2) A health care practitioner who takes a Pap test specimen from a patient 5
and who orders but does not supervise or perform an anatomic pathology service on the 6
specimen, from billing a patient or payor for the service, provided the health care 7
practitioner complies with: 8
(i) The disclosure requirements of [§ 14–404(a)(16)] § 9
14–515(A)(16) of this article; and 10
(ii) The ethics policies of the American Medical Association that 11
relate to referring physician billing for laboratory services. 12
8–205. 13
(a) In addition to the powers and duties set forth elsewhere in this title, the Board 14
has the following powers and duties: 15
(3) To adopt rules and regulations for the performance of delegated medical 16
functions that are recognized jointly by the State Board of Physicians and the State Board 17
of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 18
11–404.2. 19
(h) A therapeutically certified optometrist shall be: 20
(1) Held to the same standard of care as an ophthalmologist who is licensed 21
under Title 14 of this article and who is providing similar services; and 22
(2) Required to comply with the notice requirement under [§ 14–508] § 23
14–520 of this article. 24
12–102. 25
(c) (2) This title does not prohibit: 26
(i) A licensed veterinarian from: 27
1. Personally preparing and dispensing the veterinarian’s 28
prescriptions; or 29
10 HOUSE BILL 962
2. Dispensing, in accordance with § 2 –313(c) of the 1
Agriculture Article, compounded nonsterile preparations or compounded sterile 2
preparations provided by a pharmacy; 3
(ii) A licensed dentist, physician, or podiatrist from personally 4
preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 5
1. The dentist, physician, or podiatrist: 6
A. Has applied to the board of licensure in this State which 7
licensed the dentist, physician, or podiatrist; 8
B. Has demonstrated to the satisfaction of that board that the 9
dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 10
public interest; 11
C. Has received a written permit from that board to dispense 12
prescription drugs or devices except that a written permit is not required in order to 13
dispense starter dosages or samples without charge; and 14
D. Posts a sign conspicuously positioned and readable 15
regarding the process for resolving incorrectly filled prescriptions or includes written 16
information regarding the process with each prescription dispensed; 17
2. The person for whom the drugs or devices are prescribed 18
is a patient of the prescribing dentist, physician, or podiatrist; 19
3. The dentist, physician, or podiatrist does not have a 20
substantial financial interest in a pharmacy; and 21
4. The dentist, physician, or podiatrist: 22
A. Complies with the dispensing and labeling requirements 23
of this title; 24
B. Records the dispensing of the prescription drug or device 25
on the patient’s chart; 26
C. Allows the Office of Controlled Substances Administration 27
to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 28
and in accordance with § 12–102.1 of this subtitle; 29
D. On inspection by the Office of Controlled Substances 30
Administration, signs and dates an acknowledgment form provided by the Office of 31
Controlled Substances Administration relating to the requirements of this section; 32
HOUSE BILL 962 11
E. Except for starter dosages or samples without charge, 1
provides the patient with a written prescription, maintains prescription files in accordance 2
with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 3
F. Does not direct patients to a single pharmacist or 4
pharmacy in accordance with § 12–403(c)(8) of this title; 5
G. Does not receive remuneration for referring patients to a 6
pharmacist or pharmacy; 7
H. Complies with the child resistant packaging requirements 8
regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 9
I. Complies with drug recalls; 10
J. Maintains biennial inventories and complies with any 11
other federal and State record–keeping requirements relating to controlled dangerous 12
substances; 13
K. Purchases prescription drugs from a pharmacy or 14
wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 15
the Board of Pharmacy; 16
L. Annually reports to the respective board of licensure 17
whether the dentist, physician, or podiatrist has personally prepared and dispensed 18
prescription drugs within the previous year; and 19
M. Completes ten continuing education credits over a 5–year 20
period relating to the preparing and dispensing of prescription drugs, offered by the 21
Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 22
consultation with each respective board of licensure, as a condition of permit renewal; 23
(iii) A licensed physician from dispensing a topical medication 24
without obtaining the permit required under item (ii)1C of this paragraph or completing 25
the continuing education required under item (ii)4M of this paragraph when the physician: 26
1. Otherwise complies with item (ii) of this paragraph; and 27
2. Has obtained a special written permit under [§ 14–509] § 28
14–522 of this article; 29
(iv) A licensed physician who complies with the requirements of item 30
(ii) of this paragraph from personally preparing and dispensing a prescription written by: 31
1. A physician assistant in accordance with a delegation 32
agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 33
12 HOUSE BILL 962
2. A nurse practitioner who is authorized to practice under 1
Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 2
or 3
(v) A hospital–based clinic from dispensing prescriptions to its 4
patients. 5
14–101. 6
(a) In this title the following words have the meanings indicated. 7
(a–1) “Allied health professional” means an individual licensed by the Board under 8
Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 9
(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 10
LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 11
(g) “License” means, unless the context requires otherwise, a license issued by the 12
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 13
BOARD. 14
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 15
issued], including an individual practicing medicine within or as a professional corporation 16
or professional association. 17
(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 18
UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 19
SUPERVISION. 20
(o) (1) “Practice medicine” means to engage, with or without compensation, in 21
medical: 22
(i) Diagnosis; 23
(ii) Healing; 24
(iii) Treatment; or 25
(iv) Surgery. 26
(2) “Practice medicine” includes doing, undertaking, professing to do, and 27
attempting any of the following: 28
(i) Diagnosing, healing, treating, preventing, prescribing for, or 29
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 30
HOUSE BILL 962 13
1. By physical, mental, emotional, or other process that is 1
exercised or invoked by the practitioner, the patient, or both; or 2
2. By appliance, test, drug, operation, or treatment; 3
(ii) Ending of a human pregnancy; and 4
(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 5
of this title. 6
(3) “Practice medicine” does not include: 7
(i) Selling any nonprescription drug or medicine; 8
(ii) Practicing as an optician; or 9
(iii) Performing a massage or other manipulation by hand, but by no 10
other means. 11
(P–1) “REHABILITATION PROGRAM” MEANS THE PROGRA M OF THE BOARD 12
OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 13
14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 14
IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS REGULATED BY THE 15
BOARD WHO ARE DIRECTE D BY THE BOARD TO RE CEIVE TREATMENT AND 16
REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 17
PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS . 18
14–102. 19
(a) This title does not limit the right of: 20
(1) An individual to practice a health occupation that the individual is 21
authorized to practice under this article; [or] 22
(2) A Christian Science practitioner, who is accredited by the First Church 23
of Christ, Scientist, in Boston, Massachusetts, from: 24
(i) Dealing with human ills in accordance with the tenets of 25
Christian Science; and 26
(ii) Charging for services[.]; 27
(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 28
HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 29
OF THE HEALTH – GENERAL ARTICLE; OR 30
14 HOUSE BILL 962
(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 1
RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 2
PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 3
LABORATORY . 4
14–205. 5
(a) In addition to the powers and duties set forth in this title [and in Title 15 of 6
this article], the Board shall: 7
(1) Enforce this title [and Title 15 of this article]; 8
(2) Adopt regulations to carry out the provisions of this title [and Title 15 9
of this article]; 10
(3) Establish policies for Board operations; 11
(4) Maintain the rules, regulations, and policies of the Board so that the 12
rules, regulations, and policies reflect the current practices of the Board; 13
(5) Oversee: 14
(i) The licensing requirements for physicians and the allied health 15
professionals; and 16
(ii) The issuance and renewal of licenses; 17
(6) Maintain secure and complete records; 18
(7) Review and preliminarily investigate complaints, including 19
acknowledging receipt of complaints and informing complainants of the final disposition of 20
complaints; 21
(8) Develop and implement methods to: 22
(i) Assess and improve licensee practices; and 23
(ii) Ensure the ongoing competence of licensees; 24
(9) Ensure that an opportunity for a hearing is provided to an individual, 25
in accordance with law, before any action is taken against the individual; 26
(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 27
(11) Report on all disciplinary actions, license denials, and license 28
surrenders; 29 HOUSE BILL 962 15
(12) Establish appropriate fees that are adequate to fund the effective 1
regulation of physicians and allied health professionals; 2
(13) Make recommendations that benefit the health, safety, and welfare of 3
the public; 4
(14) Provide ongoing education and training for Board members to ensure 5
that the Board members can competently discharge their duties; 6
(15) Direct educational outreach to and communicate with licensees and the 7
public; 8
(16) Develop and adopt a budget that reflects revenues and supports the 9
costs associated with each allied health profession regulated by the Board; 10
(17) Develop and approve an annual report and other required reports for 11
submission to the Secretary, the Governor, the General Assembly, and the public; 12
(18) Approve contracts as needed and within budgetary limits; 13
(19) Appoint standing and ad hoc committees from among Board members 14
as necessary; 15
(20) Delegate to the executive director of the Board the authority to 16
discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 17
Board or disciplinary panel, and hold the executive director accountable to the Board; and 18
(21) Appoint members of the disciplinary panels. 19
(b) (1) In addition to the powers set forth elsewhere in this title, the Board 20
may: 21
(i) Adopt regulations to regulate the performance of acupuncture, 22
but only to the extent authorized by [§ 14–504] § 14–526 of this title; 23
(ii) After consulting with the State Board of Pharmacy, adopt rules 24
and regulations regarding the dispensing of prescription drugs by a licensed physician; 25
(iii) On receipt of a written and signed complaint, including a referral 26
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 27
office of a physician or acupuncturist, other than an office of a physician or acupuncturist 28
in a hospital, related institution, freestanding medical facility, or a freestanding birthing 29
center, to determine compliance at that office with the Centers for Disease Control and 30
Prevention’s guidelines on universal precautions; and 31
16 HOUSE BILL 962
(iv) Contract with others for the purchase of administrative and 1
examination services to carry out the provisions of this title. 2
(2) The Board or a disciplinary panel may investigate an alleged violation 3
of this title. 4
[(3) Subject to the Administrative Procedure Act and the hearing provisions 5
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 6
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 7
applicant’s license for: 8
(i) Any of the reasons that are grounds for action under § 14–404, § 9
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 10
as applicable; or 11
(ii) Failure to complete a criminal history records check in 12
accordance with § 14–308.1 of this title.] 13
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 14
shall: 15
(i) Issue, for use in other jurisdictions, a certificate of professional 16
standing to any [licensed physician] LICENSEE; and 17
(ii) Keep a list of all PENDING license applicants. 18
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 19
are currently licensed. 20
(ii) The list shall include each [physician’s] LICENSEE’S designated 21
public address. 22
(iii) A [physician’s] LICENSEE’S designated public address may be a 23
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 24
under paragraph (3) of this subsection, that is not a post office box. 25
(iv) Each list prepared under this paragraph shall be kept as a 26
permanent record of the Board. 27
(v) The list of [currently licensed physicians] CURRENT 28
LICENSEES is a public record. 29
(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 30
designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 31
communication between the [physician] LICENSEE and the Board. 32
HOUSE BILL 962 17
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 1
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 2
at the time of initial licensure and license renewal. 3
(iii) A [physician] LICENSEE shall designate an address where the 4
Board may send the [physician] LICENSEE mail. 5
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 6
a public record and may not be released by the Board. 7
(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 8
(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 9
ESTABLISHED UNDER TH IS TITLE GOVERNING : 10
(1) THE TERM OF OFFICE FO R MEMBERS; 11
(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 12
(3) THE REMOVAL OF MEMBER S; AND 13
(4) THE DUTIES OF EACH OF FICER. 14
14–207. 15
(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 16
renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 17
HEALTH PROFESSIONALS . 18
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 19
FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 20
UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 21
ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 22
program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 23
14–401.1(D) of this title. 24
(3) Funds to cover the compensation and expenses of the Board members 25
shall be generated by fees set under this section. 26
(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 27
PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 28
AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 29
18 HOUSE BILL 962
(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 1
DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 2
REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 3
TITLE. 4
(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 5
SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 6
$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 7
(II) THE BOARD SHALL PAY TH E FEE COLLECTED UNDE R 8
SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSISTANT 9
PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 10
GENERAL ARTICLE. 11
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 12
THE Board shall pay all fees collected under the provisions of this title to the Comptroller 13
of the State. 14
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 15
include in the State budget at least $400,000 for the operation of the Maryland Loan 16
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 17
Subtitle 17 of the Health – General Article, as administered by the Department, the 18
Comptroller shall distribute: 19
(i) $400,000 of the fees received from the Board to the Department 20
to be used to make grants under the Maryland Loan Assistance Repayment Program for 21
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 22
Article to physicians and physician assistants engaged in primary care or to medical 23
residents specializing in primary care who agree to practice for at least 2 years as primary 24
care physicians in a geographic area of the State that has been designated by the Secretary 25
as being medically underserved; and 26
(ii) The balance of the fees to the Board of Physicians Fund. 27
(2) In fiscal year 2022, if the Governor does not include in the State budget 28
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 29
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 30
Article, as administered by the Department, the Comptroller shall distribute: 31
(i) $1,000,000 of the fees received from the Board to the Department 32
to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34
Article to physicians and physician assistants engaged in primary care or to medical 35
residents specializing in primary care who agree to practice for at least 2 years as primary 36
care physicians in a geographic area of the State that has been designated by the Secretary 37
as being medically underserved; and 38 HOUSE BILL 962 19
(ii) The balance of the fees to the Board of Physicians Fund. 1
(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 2
does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – 3
General Article and the Governor does not include in the State budget at least $400,000 for 4
the operation of the Maryland Loan Assistance Repayment Program for Physicians and 5
Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 6
administered by the Department, the Comptroller shall distribute: 7
(i) $400,000 of the fees received from the Board to the Department 8
to be used to make grants under the Maryland Loan Assistance Repayment Program for 9
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 10
Article to physicians and physician assistants engaged in primary care or to medical 11
residents specializing in primary care who agree to practice for at least 2 years as primary 12
care physicians in a geographic area of the State that has been designated by the Secretary 13
as being medically underserved; and 14
(ii) The balance of the fees to the Board of Physicians Fund. 15
[(4)] (2) If the Governor includes in the State budget at least the amount 16
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 17
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 18
Subtitle 17 of the Health – General Article, as administered by the Department, the 19
Comptroller shall distribute the fees to the Board of Physicians Fund. 20
(f) (1) In addition to the requirements of subsection (e) of this section, the 21
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 22
collected, and distributed to the Fund under this title. 23
(2) After review and approval by the Board of a budget submitted by the 24
[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 25
[Physician] Rehabilitation Program. 26
14–301. 27
(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 28
qualify for a license, an applicant shall be an individual who meets the requirements of this 29
section. 30
(b) The applicant shall be of good moral character. 31
(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 32
shall be at least 18 years old. 33
[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 34 20 HOUSE BILL 962
(1) (i) Have a degree of doctor of medicine from a medical school that is 1
accredited by an accrediting organization that the Board recognizes in its regulations; and 2
(ii) Submit evidence acceptable to the Board of successful completion 3
of 1 year of training in a postgraduate medical training program that is accredited by an 4
accrediting organization that the Board recognizes in its regulations; or 5
(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 6
in the United States, its territories or possessions, Puerto Rico, or Canada that has 7
standards for graduation equivalent to those established by the American Osteopathic 8
Association; and 9
(ii) Submit evidence acceptable to the Board of successful completion 10
of 1 year of training in a postgraduate medical training program accredited by an 11
accrediting organization that the Board recognizes in its regulations.] 12
(D) THE APPLICANT SHALL C OMPLETE A CR IMINAL HISTORY RECOR DS 13
CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 14
(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 15
[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 16
OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 17
(f) The applicant shall meet any other qualifications that the Board establishes 18
in its regulations for license applicants. 19
[(g) An otherwise qualified applicant who passes the examination after having 20
failed the examination or any part of the examination 3 or more times may qualify for a 21
license only if the applicant: 22
(1) Has successfully completed 2 or more years of a residency or fellowship 23
accredited by the Accreditation Council on Graduate Medical Education or the American 24
Osteopathic Association; 25
(2) (i) Has a minimum of 5 years of clinical practice of medicine: 26
1. In the United States or in Canada; 27
2. With at least 3 of the 5 years having occurred within 5 28
years of the date of the application; and 29
3. That occurred under a full unrestricted license to practice 30
medicine; and 31
HOUSE BILL 962 21
(ii) Has no disciplinary action pending and has had no disciplinary 1
action taken against the applicant that would be grounds for discipline under § 14–404 of 2
this title; or 3
(3) Is board certified.] 4
[(h)] (G) (1) The Board shall require as part of its examination or licensing 5
procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 6
PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 7
(2) Graduation from a recognized English–speaking undergraduate 8
school or high school, including General Education Development (GED), after at least 3 9
years of enrollment, or from a recognized English–speaking professional school is 10
acceptable as proof of proficiency in the oral communication of the English language under 11
this section. 12
(3) By regulation, the Board shall develop a procedure for testing 13
individuals who because of their speech impairment are unable to complete satisfactorily a 14
Board approved standardized test of oral competency. 15
(4) If any disciplinary charges or action that involves a problem with 16
the oral communication of the English language are brought against a licensee under this 17
title, the Board shall require the licensee to take and pass a Board approved standardized 18
test of oral competency. 19
[(i) The applicant shall complete a criminal history records check in accordance 20
with § 14–308.1 of this subtitle. 21
(j) (1) The Board shall license an applicant to practice medicine if: 22
(i) The applicant: 23
1. Became licensed or certified as a physician in another 24
jurisdiction under requirements that the Board determines are substantially equivalent to 25
the licensing requirements of this title; 26
2. Is in good standing under the laws of the other 27
jurisdiction; 28
3. Submits an application to the Board on a form that the 29
Board requires; and 30
4. Pays to the Board an application fee set by the Board; and 31
(ii) The jurisdiction in which the applicant is licensed or certified 32
offers a similar reciprocal licensing process for individuals licensed to practice medicine by 33
the Board. 34 22 HOUSE BILL 962
(2) The Board shall adopt regulations to implement this subsection.] 1
14–303. 2
[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 3
(1) Complete a criminal history records check in accordance with [§ 4
14–308.1] § 14–302 of this subtitle; 5
(2) Submit an application to the Board on the form that the Board requires; 6
and 7
(3) Pay to the Board the application fee set by the Board. 8
[(b) The Board may not release a list of applicants for licensure.] 9
14–304. 10
(b) (1) On receipt of the criminal history record information of an applicant for 11
licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 12
in determining whether to issue a license, the Board shall consider: 13
(i) The age at which the crime was committed; 14
(ii) The nature of the crime; 15
(iii) The circumstances surrounding the crime; 16
(iv) The length of time that has passed since the crime; 17
(v) Subsequent work history; 18
(vi) Employment and character references; and 19
(vii) Other evidence that demonstrates whether the applicant poses a 20
threat to the public health or safety. 21
(2) The Board may not issue a license if the criminal history record 22
information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 23
14–305. 24
(a) Except as otherwise provided in this title, a license authorizes the licensee to 25
practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 26
LICENSE ISSUED BY TH E BOARD while the license is effective. 27 HOUSE BILL 962 23
(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 1
THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 2
14–306. 3
(a) (1) The term of a license issued by the Board may not exceed 3 years. 4
(2) A license expires on a date set by the Board, unless the license is 5
renewed for [a] AN ADDITIONAL term as provided in this section. 6
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 7
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 8
last known electronic or physical address of the licensee[: 9
(i) A] A renewal notice that states: 10
[1.] (I) The date on which the current license expires; 11
[2.] (II) The date by which the renewal application must be 12
received by the Board for the renewal to be issued and mailed before the license expires; 13
and 14
[3.] (III) The amount of the renewal fee[; and 15
(ii) A blank panel data sheet supplied by the Health Care 16
Alternative Dispute Resolution Office]. 17
(2) If the Board chooses to send renewal notices exclusively by electronic 18
mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 19
first–class mail to a licensee on request of the licensee. 20
(c) (1) Before the license expires, the licensee periodically may renew it for an 21
additional term, if the licensee: 22
(i) Otherwise is entitled to be licensed; 23
(ii) Is of good moral character; 24
(iii) Pays to the Board a renewal fee set by the Board; [and] 25
(iv) Submits to the Board: 26
1. A renewal application on the form that the Board requires; 27
and 28
24 HOUSE BILL 962
2. Satisfactory evidence of compliance with any continuing 1
education OR COMPETENCY requirements set under this section for license renewal; AND 2
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 3
REQUIREMENTS ESTABLI SHED BY THE BOARD. 4
(2) Within 30 days after a license renewal under Section 7 of the Interstate 5
Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 6
shall submit to the Board the information required under paragraph (1)(iv) of this 7
subsection. 8
(d) (1) In addition to any other qualifications and requirements established by 9
the Board, the Board may establish continuing education OR COMPETENCY requirements 10
as a condition to the renewal of licenses under this section. 11
[(2) In establishing these requirements, the Board shall evaluate existing 12
methods, devices, and programs in use among the various medical specialties and other 13
recognized medical groups. 14
(3) The Board shall adopt regulations that allow a licensee seeking renewal 15
to receive up to 5 continuing education credits per renewal period for providing 16
uncompensated, voluntary medical services during each renewal period. 17
(4) The Board may not establish or enforce these requirements if they 18
would so reduce the number of physicians in a community as to jeopardize the availability 19
of adequate medical care in that community.] 20
[(5)] (2) The Board may not establish a continuing education requirement 21
that every licensee complete a specific course or program as a condition to the renewal of a 22
license under this section. 23
[(6) A disciplinary panel may impose a civil penalty of up to $100 per 24
continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 25
first offense, for the failure of a licensee to obtain the continuing medical education credits 26
required by the Board.] 27
(e) The Board shall renew the license of each licensee who meets the 28
requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 29
UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 30
APPLICABLE. 31
[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 32
change in the licensee’s name or address within 60 days after the change. 33
(2) If a licensee fails to notify the secretary of the Board within the time 34
required under this section, the licensee is subject to an administrative penalty of $100.] 35 HOUSE BILL 962 25
[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 1
history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 2
(i) Renewal applicants as determined by regulations adopted by the 3
Board; and 4
(ii) Each former licensee who files for reinstatement under [§ 14–317 5
of this subtitle] THIS TITLE. 6
(2) On receipt of the criminal history record information of a licensee 7
forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 8
determining whether disciplinary action should be taken, based on the criminal record 9
information, against a licensee who renewed or reinstated a license, the Board shall 10
consider: 11
(i) The age at which the crime was committed; 12
(ii) The nature of the crime; 13
(iii) The circumstances surrounding the crime; 14
(iv) The length of time that has passed since the crime; 15
(v) Subsequent work history; 16
(vi) Employment and character references; and 17
(vii) Other evidence that demonstrates whether the licensee poses a 18
threat to the public health or safety. 19
(3) The Board may renew or reinstate a license only if the licensee or 20
applicant attests that the licensee or applicant has submitted to a criminal history records 21
check under [§ 14–308.1] § 14–302 of this subtitle. 22
14–307. 23
The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 24
to renew the license for any reason if the [physician] INDIVIDUAL: 25
(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 26
AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 27
5E, 5F, 5G, OR 5H OF THIS TITLE; 28
(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 29
THE BOARD REQUIRES ; 30 26 HOUSE BILL 962
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 1
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 2
the qualifications and requirements established under this title for license reinstatements; 3
AND 4
(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 5
REQUIREMENTS ESTABLI SHED BY THE BOARD. 6
14–401.1. 7
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 8
subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 9
this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 10
the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 11
disciplinary panel. 12
(ii) If the complaint proceeds to a hearing and is referred to the other 13
disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 14
was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 15
may not: 16
1. Continue to handle the complaint; 17
2. Participate in any disciplinary proceedings regarding the 18
complaint; or 19
3. Determine the final disposition of the complaint. 20
[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 21
enter into a written contract with an entity or individual for confidential physician peer 22
review of allegations based on § 14–404(a)(22) of this subtitle. 23
(2) A peer reviewer shall: 24
(i) Be board certified; 25
(ii) Have special qualifications to judge the matter at hand; 26
(iii) Have received a specified amount of medical experience and 27
training; 28
(iv) Have no formal actions against the peer reviewer’s own license; 29
(v) Receive training in peer review; 30 HOUSE BILL 962 27
(vi) Have a standard format for peer review reports; and 1
(vii) To the extent practicable, be licensed and engaged in the practice 2
of medicine in the State. 3
(3) The Board may consult with the appropriate specialty health care 4
provider societies in the State to obtain a list of physicians qualified to provide peer review 5
services. 6
(4)] For purposes of peer review, the Board may use sole source 7
procurement under § 13–107 of the State Finance and Procurement Article. 8
[(5)] (2) The hearing of charges may not be stayed or challenged because 9
of the selection of peer reviewers under this subsection before the filing of charges. 10
[(f)] (C) (1) The entity or individual peer reviewer with which the Board 11
contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 12
90 days for completion of peer review. 13
(2) The entity or individual peer reviewer may apply to the Board for an 14
extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 15
§ 14–515(D)(1) OF THIS TITLE. 16
(3) If an extension is not granted, and 90 days have elapsed, the Board may 17
contract with any other entity or individual who meets the requirements of [subsection 18
(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 19
(4) If an extension has been granted, and 120 days have elapsed, the Board 20
may contract with any other entity or individual who meets the requirements of [subsection 21
(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 22
[(g)] (D) The Board shall issue a request for proposals and enter into a written 23
contract with a nonprofit entity to provide rehabilitation services for physicians or other 24
allied health professionals directed by the Board to receive rehabilitation services. 25
[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 26
matters and the mediation of fee disputes coming before it, the Board may contract with an 27
entity or entities for the purchase of investigatory, mediation, and related services. 28
(2) Services that may be contracted for under this subsection include the 29
services of: 30
(i) Investigators; 31
(ii) Attorneys; 32 28 HOUSE BILL 962
(iii) Accountants; 1
(iv) Expert witnesses; 2
(v) Consultants; and 3
(vi) Mediators. 4
[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 5
oaths in connection with any investigation under this section and any hearing or proceeding 6
before it. 7
[(j)] (G) (1) It is the intent of this section that the disposition of every 8
complaint against a licensee that sets forth allegations of grounds for disciplinary action 9
filed with the Board shall be completed as expeditiously as possible and, in any event, 10
within 18 months after the complaint was received by the Board. 11
(2) If a disciplinary panel is unable to complete the disposition of a 12
complaint within 1 year, the Board shall include in the record of that complaint a detailed 13
explanation of the reason for the delay. 14
[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 15
health professional to discuss the proposed disposition of a complaint, shall provide an 16
opportunity to appear before the disciplinary panel to both the licensee who has been 17
charged and the individual who has filed the complaint against the licensee giving rise to 18
the charge. 19
14–401.2. 20
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 21
relief against an individual for: 22
(1) Practicing a profession regulated under this title [or Title 15 of this 23
article] without a license OR WITH AN UNAUTHORI ZED PERSON; 24
(2) Representing to the public, by title, description of services, methods, 25
procedures, or otherwise, that the individual is authorized to practice: 26
(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 27
title; 28
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 29
title; 30
HOUSE BILL 962 29
(iii) Radiation therapy, radiography, nuclear medicine technology, or 1
radiation assistance in this State, in violation of § 14–5B–18 of this title; 2
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 3
title; 4
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 5
this title; 6
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 7
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 8
of this title; [or] 9
(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 10
14–5G–24 OF THIS TITLE; OR 11
(IX) As a physician assistant in this State, in violation of [§ 15–402 of 12
this article] § 14–5H–19 OF THIS TITLE; or 13
(3) Taking any action: 14
(i) For which a disciplinary panel determines there is a 15
preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 16
and 17
(ii) That poses a serious risk to the health, safety, and welfare of a 18
patient. 19
14–402. 20
(a) In reviewing an application for licensure or in investigating an allegation 21
brought against a licensed physician or any allied health professional regulated by the 22
Board under this title, the [Physician] Rehabilitation Program may request the Board to 23
direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 24
physician or any allied health professional regulated by the Board under this title to submit 25
to an appropriate examination. 26
(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 27
to submit to an examination is prima facie evidence of the licensed individual’s OR 28
APPLICANT’S inability to practice medicine or the respective discipline competently, unless 29
the Board or disciplinary panel finds that the failure or refusal was beyond the control of 30
the licensed individual OR APPLICANT . 31
(e) (1) The Board or the entity or entities with which the Board contracts shall 32
appoint the members of the [Physician] Rehabilitation Program. 33 30 HOUSE BILL 962
(2) The chair of the Board shall appoint one member of the Board to serve 1
as a liaison to the [Physician] Rehabilitation Program. 2
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 3
Auditor as provided in § 2–1220 of the State Government Article. 4
14–404. 5
SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 6
PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 7
LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 8
APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 9
FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 10
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 11
14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 12
14–405. 13
(a) Except as otherwise provided in the Administrative Procedure Act, before the 14
Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 15
or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 16
14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 17
it shall give the individual against whom the action is contemplated an opportunity for a 18
hearing before a hearing officer. 19
[(g)] (F) The hearing of charges may not be stayed or challenged by any 20
procedural defects alleged to have occurred prior to the filing of charges. 21
14–406. 22
(a) Following the filing of charges, if a majority of the quorum of a disciplinary 23
panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 24
14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 25
14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 26
with the Administrative Procedure Act. 27
(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 28
of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 29
14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 30
§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 31
(1) Immediately shall dismiss the charges and exonerate the licensee; 32
HOUSE BILL 962 31
(2) (i) Except as provided in item (ii) of this item, shall expunge all 1
records of the charges 3 years after the charges are dismissed; or 2
(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 3
a document releasing the Board from any liability related to the charges, shall immediately 4
expunge all records of the charges; and 5
(3) May not take any further action on the charges. 6
14–409. 7
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 8
ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 9
PANEL, may reinstate the license of an individual whose license has been surrendered or 10
revoked under this title only in accordance with: 11
(i) The terms and conditions of the order of revocation or letter of 12
surrender; 13
(ii) An order of reinstatement issued by the disciplinary panel; or 14
(iii) A final judgment in any proceeding for review. 15
(2) If a license is surrendered or revoked for a period of more than 1 year, 16
the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 17
(i) Meets the requirements for reinstatement as established by the 18
Board; and 19
(ii) Completes a criminal history records check in accordance with [§ 20
14–308.1] § 14–302 of this title. 21
(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 22
14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 23
14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 24
conviction or plea subsequently is overturned at any stage of an appeal or other 25
postconviction proceeding, the revocation ends when the conviction or plea is overturned. 26
14–411. 27
(d) The Board shall disclose any information contained in a record to: 28
(1) A committee of a hospital, health maintenance organization, or related 29
institution if: 30
32 HOUSE BILL 962
(i) The committee of a medical hospital staff concerned with 1
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 2
organization, or related institution requests the information in writing; 3
(ii) A disciplinary panel has issued an order as to a [licensed 4
physician] LICENSEE on whom the information is requested; and 5
(iii) The Board determines that the information requested is 6
necessary for an investigation or action of the committee as to a medical privilege of a 7
[licensed physician] LICENSEE; or 8
(2) The Secretary, the Office of Health Care Quality in the Department, 9
the Maryland Health Care Commission, or the Health Services Cost Review Commission 10
for the purpose of investigating quality or utilization of care in any entity regulated by the 11
Office of Health Care Quality or the Health Services Cost Review Commission. 12
(g) (1) The Board shall notify all hospitals, health maintenance organizations, 13
or other health care facilities where a [physician or an allied health professional] 14
LICENSEE regulated by the Board has privileges, has a provider contract with a health 15
maintenance organization, or is employed of a complaint or report filed against that 16
[physician] LICENSEE, if: 17
(i) The Board determines, in its discretion, that the hospital, health 18
maintenance organization, or health care facility should be informed about the report or 19
complaint; 20
(ii) The nature of the complaint suggests a reasonable possibility of 21
an imminent threat to patient safety; or 22
(iii) The complaint or report was as a result of a claim filed in the 23
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 24
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 25
(2) The Board shall disclose any information pertaining to a [physician’s] 26
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 27
to a committee of a hospital, health maintenance organization, or other health care facility 28
if: 29
(i) The committee is concerned with [physician] LICENSEE 30
discipline and requests the information in writing; and 31
(ii) The Board has received a complaint or report pursuant to 32
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 33
the information is requested. 34
HOUSE BILL 962 33
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 1
this subtitle, notify those hospitals, health maintenance organizations, or health care 2
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 3
health maintenance organization, or is employed of its formal action within 10 days after 4
the action is taken and shall provide the hospital, health maintenance organization, or 5
health care facility with periodic reports as to enforcement or monitoring of a formal 6
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 7
reports. 8
(h) On the request of a person who has made a complaint to the Board regarding 9
a [physician] LICENSEE, the Board shall provide the person with information on the status 10
of the complaint. 11
(j) The Board may disclose any information contained in a record to a licensing 12
or disciplinary authority of another state if: 13
(1) The licensing or disciplinary authority of another state that regulates 14
[licensed physicians] LICENSEES in that state requests the information in writing; and 15
(2) The disclosure of any information is limited to the pendency of an 16
allegation of a ground for disciplinary or other action by a disciplinary panel until: 17
(i) The disciplinary panel has passed an order under § 14–406 of 18
this subtitle; or 19
(ii) A [licensed physician] LICENSEE on whom the information is 20
requested authorizes a disclosure as to the facts of an allegation or the results of an 21
investigation before the Board. 22
(k) The Board may disclose any information contained in a record to a person if: 23
(1) A [licensed physician] LICENSEE on whom any information is 24
requested authorizes the person to receive the disclosure; 25
(2) The person requests the information in writing; and 26
(3) The authorization for the disclosure is in writing. 27
(p) (1) The Board may publish a summary of any allegations of grounds for 28
disciplinary or other action. 29
(2) A summary may not identify: 30
(i) Any person who makes an allegation to the Board or any of its 31
investigatory bodies; 32
34 HOUSE BILL 962
(ii) A [licensed physician] LICENSEE about whom an allegation is 1
made; or 2
(iii) A witness in an investigation or a proceeding before the Board or 3
any of its investigatory bodies. 4
14–411.1. 5
(b) The Board shall create and maintain a public individual profile on each 6
licensee that includes the following information: 7
(1) A summary of charges filed against the licensee, including a copy of the 8
charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 9
of this subtitle based on the charges or has rescinded the charges; 10
(2) A description of any disciplinary action taken by the Board or a 11
disciplinary panel against the licensee within the most recent 10–year period that includes 12
a copy of the public order; 13
(3) A description in summary form of any final disciplinary action taken by 14
a licensing board in any other state or jurisdiction against the licensee within the most 15
recent 10–year period; 16
(4) A description of a conviction or entry of a plea of guilty or nolo 17
contendere by the licensee for a crime involving moral turpitude reported to the Board 18
under § 14–416 of this subtitle; and 19
[(5) As reported to the Board by the licensee, education and practice 20
information about the licensee including: 21
(i) The name of any medical school that the licensee attended and 22
the date on which the licensee graduated from the school; 23
(ii) A description of any internship and residency training; 24
(iii) A description of any specialty board certification by a recognized 25
board of the American Board of Medical S pecialties or the American Osteopathic 26
Association; 27
(iv) The name of any hospital where the licensee has medical 28
privileges; 29
(v) The location of the licensee’s primary practice setting; 30
(vi) Whether the licensee participates in the Maryland Medical 31
Assistance Program; 32
HOUSE BILL 962 35
(vii) Whether the licensee maintains medical professional liability 1
insurance; and 2
(viii) The number of medical malpractice final court judgments and 3
arbitration awards against the licensee within the most recent 10–year period.] 4
(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 5
OF THIS TITLE. 6
(c) In addition to the requirements of subsection (b) of this section, the Board 7
shall: 8
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 9
DENIAL OF A LICENSE APPLICATION , DISCLOSE THE FILING TO THE PUBLIC ON THE 10
BOARD’S WEBSITE; 11
(2) Provide appropriate and accessible Internet links from the Board’s 12
[Internet site] WEBSITE: 13
(i) To the extent available, to the appropriate portion of the 14
[Internet site] WEBSITE of each health maintenance organization licensed in this State 15
which will allow the public to ascertain the names of the physicians affiliated with the 16
health maintenance organization; and 17
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 18
American Medical Association; 19
[(2)] (3) Include a statement on each licensee’s profile of information to 20
be taken into consideration by a consumer when viewing a licensee’s profile, including 21
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 22
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 23
and 24
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 25
(i) Notification that a person may contact the Board by telephone, 26
electronic mail, or written request to find out whether the number of medical malpractice 27
settlements involving a particular licensee totals three or more with a settlement amount 28
of $150,000 or greater within the most recent 5–year period as reported to the Board; and 29
(ii) A telephone number, electronic mail address, and physical 30
address through which a person may contact the Board to request the information required 31
to be provided under item (i) of this item. 32
(d) The Board: 33
36 HOUSE BILL 962
(1) On receipt of a written request for a licensee’s profile from any person, 1
shall forward a written copy of the profile to the person; 2
(2) Shall maintain a website that serves as a single point of entry where 3
all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 4
public on the Internet; and 5
(3) On receipt of a verbal, electronic, or written request in accordance with 6
subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 7
days of the request. 8
14–413. 9
(A) A person may not make any false statement, report, or representation to the 10
Board or a disciplinary panel. 11
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE IS 12
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 13
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 14
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 15
SECTION INTO THE BOARD OF PHYSICIANS FUND. 16
14–416. 17
(a) Each court shall report to the Board each conviction of or entry of a plea of 18
guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 19
turpitude. 20
14–417. 21
(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 22
IN WRITING OF ANY CH ANGE IN THE LICENSEE ’S NAME OR ADDRESS WI THIN 60 DAYS 23
AFTER THE CHANGE . 24
(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETARY OF THE BOARD 25
WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 26
AN ADMINISTRATIVE PE NALTY OF $100. 27
(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 28
PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 29
OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 30
EDUCATION CREDITS RE QUIRED BY THE BOARD. 31
Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 32 HOUSE BILL 962 37
14–503. 1
(c) (1) The Board shall adopt rules and regulations to delineate the scope of 2
this section. 3
(2) Before it adopts any rule or regulation under this section, the Board 4
shall invite and consider proposals from any individual or health group that could be 5
affected by the rule or regulation. 6
(e) Except as otherwise provided in this section, an individual may perform 7
X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 8
(1) Do not include: 9
(i) Computerized or noncomputerized tomography; 10
(ii) Fluoroscopy; 11
(iii) Invasive radiology; 12
(iv) Mammography; 13
(v) Nuclear medicine; 14
(vi) Radiation therapy; or 15
(vii) Xerography; 16
(2) Are limited to X–ray procedures of the: 17
(i) Chest, anterior–posterior and lateral; 18
(ii) Spine, anterior–posterior and lateral; or 19
(iii) Extremities, anterior–posterior and lateral, not including the 20
head; and 21
(3) Are performed: 22
(i) By an individual who is not employed primarily to perform 23
X–ray duties; 24
(ii) In the medical office of the physician who delegates the duties; 25
and 26
(iii) 1. By an individual who, before October 1, 2002, has: 27 38 HOUSE BILL 962
A. Taken a course consisting of at least 30 hours of training 1
in performing X–ray procedures approved by the Maryland Radiological Society in 2
consultation with the Maryland Society of Radiologic Technologists; and 3
B. Successfully passed an examination based on that course 4
that has been approved by the Maryland Radiological Society in consultation with the 5
Maryland Society of Radiologic Technologists; or 6
2. By a licensed physician assistant who has completed a 7
course that includes anterior–posterior and lateral radiographic studies of extremities on 8
at least 20 separate patients under the direct supervision of the delegating physician or 9
radiologist using a mini C–arm or similar low–level radiation machine to perform 10
nonfluoroscopic X–ray procedures, if the duties: 11
A. Include only the X–ray procedures described in paragraph 12
(2)(iii) of this subsection; and 13
B. Are performed pursuant to a Board–approved delegation 14
agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 15
14–5H–08(C)(2) of this [article] TITLE. 16
14–504. 17
(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 18
THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 19
REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 20
(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE, THE APPLICANT 21
SHALL: 22
(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 23
MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 24
THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 25
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 26
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 27
TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 28
THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 29
(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 30
SCHOOL OF OSTE OPATHY IN THE UNITED STATES, ITS TERRITORIES OR 31
POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 32
EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 33
ASSOCIATION; AND 34 HOUSE BILL 962 39
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 1
SUCCESSFU L COMPLETION OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 2
TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 3
BOARD RECOGNIZES IN I TS REGULATIONS . 4
(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 5
MEDICINE, AN OTHERWISE QUALI FIED APPLICANT WHO P ASSES THE EXAMINATIO N 6
AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 7
THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 8
(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 9
RESIDENCY OR FELLOWS HIP ACCREDITED BY THE ACCREDITATION COUNCIL ON 10
GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 11
(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 12
MEDICINE: 13
1. IN THE UNITED STATES OR IN CANADA; 14
2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 15
WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 16
3. THAT OCCURRED UNDER A FULL UNRESTRICTED 17
LICENSE TO PRACTICE MEDICINE; AND 18
(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 19
DISCIPLINARY ACTION TAKEN AGAINST THE APPLICANT THAT WOULD BE GROUNDS 20
FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 21
(3) IS BOARD CERTIFIED . 22
(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 23
MEDICINE IF: 24
(I) THE APPLICANT: 25
1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 26
ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 27
ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 28
TITLE; 29
40 HOUSE BILL 962
2. IS IN GOOD STANDING U NDER THE LAWS OF THE 1
OTHER JURISDICTION ; 2
3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 3
THAT THE BOARD REQUIRES ; AND 4
4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 5
THE BOARD; AND 6
(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 7
OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 8
INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 9
(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 10
SUBSECTION. 11
(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 12
FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 13
METHODS, DEVICES, AND PRO GRAMS IN USE AMONG T HE VARIOUS MEDICAL 14
SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 15
(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 16
LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING EDUCATION 17
CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED, VOLUNTARY 18
MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 19
(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 20
REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 21
COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 22
THAT COMMUNITY . 23
14–505. 24
(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 25
educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 26
subtitle, if the applicant: 27
(1) Has studied medicine at a foreign medical school; 28
(2) Is certified by the Educational Commission for Foreign Medical 29
Graduates or by its successor as approved by the Board; 30
(3) Passes a qualifying examination for foreign medical school graduates 31
required by the Board; 32 HOUSE BILL 962 41
(4) Meets any other qualifications for foreign medical school graduates that 1
the Board establishes in its regulation for licensing of applicants; 2
(5) Submits acceptable evidence to the Board of the requirements set in the 3
Board’s regulations; and 4
(6) Meets one of the following requirements: 5
(i) The applicant graduated from any foreign medical school and 6
submits evidence acceptable to the Board of successful completion of 2 years of training in 7
a postgraduate medical education program accredited by an accrediting organization 8
recognized by the Board; or 9
(ii) The applicant successfully completed a fifth pathway program 10
and submits evidence acceptable to the Board that the applicant: 11
1. Has a document issued by the foreign medical school 12
certifying that the applicant completed all of the formal requirements of that school for the 13
study of medicine, except for the postgraduate or social service components as required by 14
the foreign country or its medical school; 15
2. Has successfully completed a fifth pathway program; and 16
3. Has successfully completed 2 years of training in a 17
postgraduate medical education program following completion of a Board approved fifth 18
pathway program. 19
14–506. 20
(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 21
under this title is entitled to sit for an examination as provided under this section or any 22
regulations adopted to carry out this section. 23
14–510. 24
(a) The Board may: 25
(1) License TO PRACTICE MEDICINE an applicant by virtue of the 26
conceded eminence and authority of the applicant in the profession if the applicant: 27
(i) Is recommended to the Board by: 28
1. The dean of a school of medicine in the State; or 29
2. The Director of the National Institutes of Health; 30
42 HOUSE BILL 962
(ii) Is to receive an appointment at the institution making the 1
recommendation under item (i) of this paragraph; and 2
(iii) Meets any other requirement the Board may adopt by regulation 3
under this section; 4
(2) Define by regulation the term “conceded eminence and authority in the 5
profession” and, for this purpose, shall consider such criteria as: 6
(i) Academic appointments; 7
(ii) Length of time in the profession; 8
(iii) Scholarly publications; and 9
(iv) Professional accomplishments; 10
(3) Adopt regulations concerning the further qualifications of an applicant 11
for licensure, including conditions of employment, application procedures, and fees under 12
this section; 13
(4) Allow an exception to the general education and examination 14
requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 15
this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 16
14–301(A) THROUGH (C) of this [subtitle] TITLE; 17
(5) Qualify, restrict, or otherwise limit a license granted under this section; 18
and 19
(6) Require a 6–month probationary period during which the medical 20
services performed by the applicant granted a license under this section are supervised by 21
another licensed physician. 22
14–511. 23
(b) The Board shall issue a license to an individual who is on inactive status if the 24
individual: 25
(1) Submits to the Board: 26
(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 27
of this [subtitle] TITLE; 28
(ii) Satisfactory evidence of compliance with the continuing 29
education requirements the Board adopts for this purpose; and 30
(iii) A reinstatement fee set by the Board; and 31 HOUSE BILL 962 43
(2) Is otherwise entitled to be licensed. 1
14–513. 2
(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 3
OF A MISDEMEANOR AND ON CO NVICTION IS SUBJECT TO A FINE NOT EXCEED ING 4
$500. 5
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 6
SECTION INTO THE BOARD OF PHYSICIANS FUND. 7
14–514. 8
(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 9
IS MADE BY A PATIENT OR A FA MILY MEMBER OF A PAT IENT BASED ON § 10
14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 11
ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 12
INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 13
PRESENT AT OR ABOUT THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 14
ALLEGATION OCCURRED . 15
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 16
BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 17
DISCIPLINARY PANEL M AY: 18
(I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 19
THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 20
THIS SECTION; OR 21
(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 22
NECESSARY. 23
(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 24
COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 25
THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 26
DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 27
THAT HAVE CONTRACTED WITH THE BOARD UN DER SUBSECTION (D) OF THIS 28
SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEW WITHIN THE 29
INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 30
(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 31
REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 32 44 HOUSE BILL 962
UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 1
DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 2
(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 3
PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 4
ANCILLARY SERVICES DOES NO T CONSTITUTE GROUNDS FOR DISCIPLINARY OR 5
OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 6
THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 7
(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 8
COMPLAINTS THA T SET FORTH ALLEGATI ONS OF GROUNDS FOR D ISCIPLINARY 9
ACTION UNDER § 14–515 OF THIS SUBTITLE. 10
(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 11
SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 12
CONFIDENTIAL PHYSICI AN PEER REVIEW OF ALLEGATION S BASED ON § 13
14–515(A)(22) OF THIS SUBTITLE. 14
(2) A PEER REVIEWER SHALL : 15
(I) BE BOARD CERTIFIED ; 16
(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 17
HAND; 18
(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 19
EXPERIENCE AND TRAINING; 20
(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 21
OWN LICENSE; 22
(V) RECEIVE TRAINING IN P EER REVIEW; 23
(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 24
AND 25
(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 26
IN THE PRACTICE OF MEDICINE IN THE STATE. 27
(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 28
HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 29
QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 30
HOUSE BILL 962 45
14–515. 1
(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 2
disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 3
panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 4
a license if the licensee: 5
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 6
the applicant or licensee or for another; 7
(2) Fraudulently or deceptively uses a license; 8
(3) Is guilty of: 9
(i) Immoral conduct in the practice of medicine; or 10
(ii) Unprofessional conduct in the practice of medicine; 11
(4) Is professionally, physically, or mentally incompetent; 12
(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 13
SUBTITLE; 14
(6) Abandons a patient; 15
(7) Habitually is intoxicated; 16
(8) Is addicted to, or habitually abuses, any narcotic or controlled 17
dangerous substance as defined in § 5–101 of the Criminal Law Article; 18
(9) Provides professional services: 19
(i) While under the influence of alcohol; or 20
(ii) While using any narcotic or controlled dangerous substance, as 21
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 22
amounts or without valid medical indication; 23
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 24
as to exploit the patient for financial gain; 25
(11) Willfully makes or files a false report or record in the practice of 26
medicine; 27
(12) Willfully fails to file or record any medical report as required under law, 28
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 29
to file or record the report; 30 46 HOUSE BILL 962
(13) On proper request, and in accordance with the provisions of Title 4, 1
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 2
record to the patient, another physician, or hospital; 3
(14) Solicits professional patronage through an agent or other person or 4
profits from the acts of a person who is represented as an agent of the physician; 5
(15) Pays or agrees to pay any sum to any person for bringing or referring a 6
patient or accepts or agrees to accept any sum from any person for bringing or referring a 7
patient; 8
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 9
the laboratory for a test or test series for a patient, unless the licensed physician discloses 10
on the bill to the patient or third–party payor: 11
(i) The name of the laboratory; 12
(ii) The amount paid to the laboratory for the test or test series; and 13
(iii) The amount of procurement or processing charge of the licensed 14
physician, if any, for each specimen taken; 15
(17) Makes a willful misrepresentation in treatment; 16
(18) Practices medicine with an unauthorized person or aids an 17
unauthorized person in the practice of medicine; 18
(19) Grossly overutilizes health care services; 19
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 20
method, treatment, or medicine; 21
(21) Is disciplined by a licensing or disciplinary authority or convicted or 22
disciplined by a court of any state or country or disciplined by any branch of the United 23
States uniformed services or the Veterans’ Administration for an act that would be grounds 24
for disciplinary action under this section; 25
(22) Fails to meet appropriate standards as determined by appropriate peer 26
review for the delivery of quality medical and surgical care performed in an outpatient 27
surgical facility, office, hospital, or any other location in this State; 28
(23) Willfully submits false statements to collect fees for which services are 29
not provided; 30
HOUSE BILL 962 47
(24) Was subject to investigation or disciplinary action by a licensing or 1
disciplinary authority or by a court of any state or country for an act that would be grounds 2
for disciplinary action under this section and the licensee: 3
(i) Surrendered the license issued by the state or country to the 4
state or country; or 5
(ii) Allowed the license issued by the state or country to expire or 6
lapse; 7
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 8
of the Family Law Article; 9
(26) Fails to educate a patient being treated for breast cancer of alternative 10
methods of treatment as required by § 20–113 of the Health – General Article; 11
(27) Sells, prescribes, gives away, or administers drugs for illegal or 12
illegitimate medical purposes; 13
(28) Fails to comply with the provisions of § 12–102 of this article; 14
(29) Refuses, withholds from, denies, or discriminates against an individual 15
with regard to the provision of professional services for which the licensee is licensed and 16
qualified to render because the individual is HIV positive; 17
(30) Except as to an association that has remained in continuous existence 18
since July 1, 1963: 19
(i) Associates with a pharmacist as a partner or co–owner of a 20
pharmacy for the purpose of operating a pharmacy; 21
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 22
or 23
(iii) Contracts with a pharmacist for the purpose of operating a 24
pharmacy; 25
(31) Except in an emergency life–threatening situation where it is not 26
feasible or practicable, fails to comply with the Centers for Disease Control and 27
Prevention’s guidelines on universal precautions; 28
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 29
subtitle; 30
(33) Fails to cooperate with a lawful investigation conducted by the Board 31
or a disciplinary panel; 32
48 HOUSE BILL 962
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 1
Article; 2
(35) Is in breach of a service obligation resulting from the applicant’s or 3
licensee’s receipt of State or federal funding for the licensee’s medical education; 4
(36) Willfully makes a false representation when seeking or making 5
application for licensure or any other application related to the practice of medicine; 6
(37) By corrupt means, threats, or force, intimidates or influences, or 7
attempts to intimidate or influence, for the purpose of causing any person to withhold or 8
change testimony in hearings or proceedings before the Board or a disciplinary panel or 9
those otherwise delegated to the Office of Administrative Hearings; 10
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 11
delays any person from making information available to the Board or a disciplinary panel 12
in furtherance of any investigation of the Board or a disciplinary panel; 13
(39) Intentionally misrepresents credentials for the purpose of testifying or 14
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 15
panel or those otherwise delegated to the Office of Administrative Hearings; 16
(40) Fails to keep adequate medical records as determined by appropriate 17
peer review; 18
(41) Performs a cosmetic surgical procedure in an office or a facility that is 19
not: 20
(i) Accredited by: 21
1. The American Association for Accreditation of Ambulatory 22
Surgical Facilities; 23
2. The Accreditation Association for Ambulatory Health 24
Care; or 25
3. The Joint Commission on the Accreditation of Healthcare 26
Organizations; or 27
(ii) Certified to participate in the Medicare program, as enacted by 28
Title XVIII of the Social Security Act; 29
(42) Fails to complete a criminal history records check under [§ 14–308.1] § 30
14–302 of this title; 31
HOUSE BILL 962 49
(43) Except for the licensure process described under Subtitle 3A of this title, 1
violates any provision of this title, any rule or regulation adopted by the Board, or any State 2
or federal law pertaining to the practice of medicine; 3
(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 4
AND Subtitle 3 of this title; 5
(45) Fails to comply with § 1–223 of this article; or 6
(46) Fails to comply with the requirements of the Prescription Drug 7
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 8
14–516. 9
THE PUBLIC INDIVIDUAL PROFILE F OR A LICENSED PHYSIC IAN CREATED AND 10
MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 11
THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 12
THE LICENSEE INCLUDI NG: 13
(1) THE NAME OF ANY MEDIC AL SCHOO L THAT THE LICENSEE 14
ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 15
SCHOOL; 16
(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 17
(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 18
RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 19
AMERICAN OSTEOPATHIC ASSOCIATION; 20
(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 21
PRIVILEGES; 22
(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 23
(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 24
MEDICAL ASSISTANCE PROGRAM; 25
(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 26
LIABILITY INSURANCE ; AND 27
(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 28
JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 29
RECENT 10–YEAR PERIOD. 30
50 HOUSE BILL 962
14–517. 1
(a) (1) Each hospital and related institution shall submit to the Board a report 2
within 10 days after: 3
(i) The hospital or related institution denied the application of a 4
physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 5
privileges of a physician, or the physician resigned whether or not under formal accusation, 6
if the denial, limitation, reduction, change, termination, or resignation is for reasons that 7
might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 8
(ii) The hospital or related institution took any disciplinary action 9
against a salaried, licensed physician without staff privileges, including termination of 10
employment, suspension, or probation, for reasons that might be grounds for disciplinary 11
action under [§ 14–404] § 14–515 of this subtitle; 12
(iii) A licensed physician voluntarily resigned from the staff, employ, 13
or training program of the hospital or related institution for reasons that might be grounds 14
for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 15
(iv) The hospital or related institution placed any other restrictions 16
or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 17
paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 18
§ 14–515 of this subtitle. 19
14–518. 20
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 21
submit to the Board a report within 10 days after: 22
(i) The alternative health system denied the formal application of a 23
physician to contract with the alternative health system or limited, reduced, otherwise 24
changed, or terminated the contract of a physician, or the physician resigned whether or 25
not under formal accusation, if the denial, limitation, reduction, change, termination, or 26
resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 27
14–515 of this subtitle; or 28
(ii) The alternative health system placed any other restrictions or 29
conditions on any licensed physician for any reasons that might be grounds for disciplinary 30
action under [§ 14–404] § 14–515 of this subtitle. 31
14–521. 32
(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 33
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 34
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 35 HOUSE BILL 962 51
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
14–524. 3
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 4
GUILTY OF A MIS DEMEANOR AND ON CONV ICTION IS SUBJECT TO A FINE NOT 5
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 6
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 7
SECTION INTO THE BOARD OF PHYSICIANS FUND. 8
[(b)] (C) (1) The Board shall investigate any alleged violation of this section 9
or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 10
by injunction or other appropriate proceedings. 11
[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 12
instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 13
SECTION. 14
14–525. 15
(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 16
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FINE NO T 17
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 18
(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 19
SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 20
PENALTY OF NOT MORE THAN $100. 21
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
14–527. 24
(A) Except as otherwise provided in this title, a person may not practice, attempt 25
to practice, or offer to practice medicine in this State unless licensed by the Board. 26
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 27
PERSON WHO VIOLATES THIS SECTION IS: 28
52 HOUSE BILL 962
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 1
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 2
BOTH; AND 3
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 4
BE LEVIED BY A DISCI PLINARY PANEL . 5
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 6
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 7
§ 14–306 OF THIS TITLE IF: 8
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 9
OF THE LICENSE; AND 10
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 11
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 12
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 13
SECTION INTO THE BOARD OF PHYSICIANS FUND. 14
14–528. 15
(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 16
§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 17
word to describe the occupation of the individual as in phrases such as “physician’s 18
assistant” or “physician’s aide”. 19
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 20
PERSON WHO VIOLATES THIS SECTION IS: 21
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 22
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 23
BOTH; AND 24
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 25
BE LEVIED BY A DISCI PLINARY PANEL . 26
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 27
NOT APPLY TO A FORME R LICENSEE WHO HAS FAILE D TO RENEW A LICENSE UNDER 28
§ 14–306 OF THIS TITLE IF: 29
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 30
OF THE LICENSE; AND 31
HOUSE BILL 962 53
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 1
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FEE . 2
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 3
SECTION INTO THE BOARD OF PHYSICIANS FUND. 4
14–5A–01. 5
(a) In this subtitle the following words have the meanings indicated. 6
(c) “Committee” means the Respiratory Care [Professional Standards] 7
ADVISORY Committee established under § 14–5A–05 of this subtitle. 8
14–5A–05. 9
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 10
the Board. 11
14–5A–06. 12
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 13
14–5A–09. 14
[(a) To qualify for a license, an applicant shall be an individual who meets the 15
requirements of this section. 16
(b) The applicant shall be of good moral character. 17
(c) The applicant shall be at least 18 years old. 18
(d) The applicant] TO QUALIFY FOR A LICENS E, IN ADDITION TO THE 19
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 20
(1) Meet] MEET any educational, training, or examination requirements 21
established by the Board including: 22
[(i)] (1) Graduation from an appropriate educational program as 23
determined by the Board; and 24
[(ii)] (2) Certification by a national certifying board approved by 25
the Board[; and 26
(2) Demonstrate oral and written competency in English as required by the 27
Board]. 28
54 HOUSE BILL 962
[(e) The applicant shall complete a criminal history records check in accordance 1
with § 14–308.1 of this title.] 2
14–5A–17. 3
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 5
license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
suspend or revoke a license, if the [applicant or] licensee: 7
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
the applicant, licensee, or for another; 9
(2) Fraudulently or deceptively uses a license; 10
(3) Is guilty of unprofessional or immoral conduct in the practice of 11
respiratory care; 12
(4) Is professionally, physically, or mentally incompetent; 13
(5) Abandons a patient; 14
(6) Is habitually intoxicated; 15
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
substance as defined in § 5–101 of the Criminal Law Article; 17
(8) Provides professional services while: 18
(i) Under the influence of alcohol; or 19
(ii) Using any narcotic or controlled dangerous substance as defined 20
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
amounts or without valid medical indication; 22
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
patient so as to exploit the patient for financial gain; 24
(10) Willfully makes or files a false report or record in the practice of 25
respiratory care; 26
(11) Willfully fails to file or record any report as required under law, 27
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
to file or record a report; 29
(12) Breaches patient confidentiality; 30
HOUSE BILL 962 55
(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
material benefit to any person for bringing or referring a patient or accepts or agrees to 2
accept any sum or any form of remuneration or material benefit from an individual for 3
bringing or referring a patient; 4
(14) Knowingly makes a misrepresentation while practicing respiratory 5
care; 6
(15) Knowingly practices respiratory care with an unauthorized individual 7
or aids an unauthorized individual in the practice of respiratory care; 8
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 9
method, treatment, or medicine; 10
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 11
disciplined by a court of any state or country or is disciplined by any branch of the United 12
States uniformed services or the Veterans’ Administration for an act that would be grounds 13
for disciplinary action under the Board’s disciplinary statutes; 14
(18) Fails to meet appropriate standards for the delivery of respiratory care 15
performed in any inpatient or outpatient facility, office, hospital or related institution, 16
domiciliary care facility, patient’s home, or any other location in this State; 17
(19) Knowingly submits false statements to collect fees for which services 18
are not provided; 19
(20) (i) Has been subject to investigation or disciplinary action by a 20
licensing or disciplinary authority or by a court of any state or country for an act that would 21
be grounds for disciplinary action under the Board’s disciplinary statutes; and 22
(ii) Has: 23
1. Surrendered the license issued by the state or country; or 24
2. Allowed the license issued by the state or country to expire 25
or lapse; 26
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 27
of the Family Law Article; 28
(22) Sells, prescribes, gives away, or administers drugs for illegal or 29
illegitimate medical purposes; 30
(23) Practices or attempts to practice beyond the authorized scope of 31
practice; 32
56 HOUSE BILL 962
(24) Refuses, withholds from, denies, or discriminates against an individual 1
with regard to the provision of professional services for which the licensee is licensed and 2
qualified to render because the individual is HIV positive; 3
(25) Practices or attempts to practice a respiratory care procedure or uses or 4
attempts to use respiratory care equipment if the applicant or licensee has not received 5
education and training in the performance of the procedure or the use of the equipment; 6
(26) Fails to cooperate with a lawful investigation conducted by the Board 7
or a disciplinary panel; 8
(27) Fails to practice under the supervision of a physician or violates a 9
supervisory order of a supervising physician; or 10
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 11
14–302 of this title. 12
14–5B–05. 13
(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 14
14–5B–07. 15
(a) (2) The failure of a licensed physician to properly supervise a licensee is 16
unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 17
of this title. 18
14–5B–09. 19
(a) [To qualify for a license, an applicant shall be an individual who meets the 20
requirements of this section. 21
(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 22
FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 23
TITLE, AN applicant shall[: 24
(1) Be of good moral character; 25
(2) Be at least 18 years old; 26
(3) Demonstrate oral and written competency in English as required by the 27
Board; 28
(4) Meet] MEET any educational, training, or examination requirements 29
established by the Board, including: 30
HOUSE BILL 962 57
[(i)] (1) Graduation from an appropriate educational program as 1
determined by the Board; and 2
[(ii)] (2) Certification[; and 3
(5) Complete a criminal history records check in accordance with § 4
14–308.1 of this title]. 5
[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 6
applicant shall: 7
(1) Be issued a general license to perform radiography; 8
(2) Complete an advanced academic program with a nationally recognized 9
radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 10
or graduate degree and incorporates a radiologist–directed clinical preceptorship; 11
(3) Be certified in advanced cardiac life support; and 12
(4) Be certified as a radiologist assistant by the American Registry of 13
Radiologic Technologists. 14
[(d)] (C) Except for requirements adopted by the Board for license renewal under 15
[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 16
construed to require an individual who is certified by the Board as a radiation 17
oncology/therapy technologist, medical radiation technologist, or nuclear medicine 18
technologist as of October 1, 2008, to meet additional education, training, or examination 19
requirements. 20
14–5B–11. 21
(a) Licensure as a radiation therapist authorizes an individual to practice 22
radiation therapy IN THE STATE while the license is effective. 23
(b) Licensure as a radiographer authorizes an individual to practice radiography 24
IN THE STATE while the license is effective. 25
(c) Licensure as a nuclear medicine technologist authorizes an individual to 26
practice nuclear medicine technology IN THE STATE while the license is effective. 27
(d) Licensure as a radiologist assistant authorizes an individual to practice 28
radiology assistance IN THE STATE while the license is effective. 29
14–5B–14. 30
58 HOUSE BILL 962
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 2
license to any applicant,] reprimand any licensee, place any licensee on probation, or 3
suspend or revoke a license, if the [applicant or] licensee: 4
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 5
the applicant, licensed individual, or for another; 6
(2) Fraudulently or deceptively uses a license; 7
(3) Is guilty of unprofessional or immoral conduct in the practice of 8
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 9
(4) Is professionally, physically, or mentally incompetent; 10
(5) Abandons a patient; 11
(6) Is habitually intoxicated; 12
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 13
substance as defined in § 5–101 of the Criminal Law Article; 14
(8) Provides professional services while: 15
(i) Under the influence of alcohol; or 16
(ii) Using any narcotic or controlled dangerous substance as defined 17
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 18
amounts or without valid medical indication; 19
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 20
patient so as to exploit the patient for financial gain; 21
(10) Willfully makes or files a false report or record in the practice of 22
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 23
(11) Willfully fails to file or record any report as required under law, 24
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 25
to file or record a report; 26
(12) Breaches patient confidentiality; 27
(13) Pays or agrees to pay any sum or provide any form of remuneration or 28
material benefit to any person for bringing or referring a patient or accepts or agrees to 29
accept any sum or any form of remuneration or material benefit from an individual for 30
bringing or referring a patient; 31
HOUSE BILL 962 59
(14) Knowingly makes a misrepresentation while practicing radiation 1
therapy, radiography, nuclear medicine technology, or radiology assistance; 2
(15) Knowingly practices radiation therapy, radiography, nuclear medicine 3
technology, or radiology assistance with an unauthorized individual or aids an 4
unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 5
technology, or radiology assistance; 6
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 7
method, treatment, or medicine; 8
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 9
disciplined by a court of any state or country or is disciplined by any branch of the United 10
States uniformed services or the Veterans’ Administration for an act that would be grounds 11
for disciplinary action under the Board’s disciplinary statutes; 12
(18) Fails to meet appropriate standards for the delivery of quality radiation 13
therapy, radiography, nuclear medicine technology, or radiology assistance care performed 14
in any outpatient surgical facility, office, hospital or related institution, or any other 15
location in this State; 16
(19) Knowingly submits false statements to collect fees for which services 17
are not provided; 18
(20) (i) Has been subject to investigation or disciplinary action by a 19
licensing or disciplinary authority or by a court of any state or country for an act that would 20
be grounds for disciplinary action under the Board’s disciplinary statutes; and 21
(ii) Has: 22
1. Surrendered the license issued by the state or country; or 23
2. Allowed the license issued by the state or country to expire 24
or lapse; 25
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 26
of the Family Law Article; 27
(22) Sells, prescribes, gives away, or administers drugs for illegal or 28
illegitimate medical purposes; 29
(23) Practices or attempts to practice beyond the authorized scope of 30
practice; 31
(24) Refuses, withholds from, denies, or discriminates against an individual 32
with regard to the provision of professional services for which the licensee is licensed and 33
qualified to render because the individual is HIV positive; 34 60 HOUSE BILL 962
(25) Practices or attempts to practice a radiation therapy, radiography, 1
nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 2
radiography, nuclear medicine technology, or radiology assistance equipment if the 3
applicant or licensee has not received education, internship, training, or experience in the 4
performance of the procedure or the use of the equipment; 5
(26) Fails to cooperate with a lawful investigation conducted by the Board 6
or a disciplinary panel; 7
(27) Fails to practice under the supervision of a physician or violates a 8
supervisory order of a supervising physician; or 9
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 10
14–302 of this title. 11
14–5C–01. 12
(a) In this subtitle the following words have the meanings indicated. 13
(c) “Committee” means the Polysomnography [Professional Standards] 14
ADVISORY Committee established under § 14–5C–05 of this subtitle. 15
14–5C–05. 16
There is a Polysomnography [Professional Standards] ADVISORY Committee within 17
the Board. 18
14–5C–06. 19
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMB ERS. 20
14–5C–08. 21
(b) This section does not apply to a student enrolled in an education program 22
under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 23
in that program. 24
14–5C–09. 25
[(a) To qualify for a license, an applicant shall be an individual who meets the 26
requirements of this section. 27
(b) The applicant shall: 28
(1) Be of good moral character; 29 HOUSE BILL 962 61
(2) Be at least 18 years old; and 1
(3) Complete a criminal history records check in accordance with § 2
14–308.1 of this title. 3
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 4
SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 5
license shall: 6
(1) Have passed the national certifying examination given by the Board of 7
Registered Polysomnographic Technologists or another examination approved by the 8
Board; 9
(2) Submit to the Board proof of certification as a registered 10
polysomnographic technologist or other national certification approved by the Board; 11
(3) (i) 1. Have graduated from a polysomnographic educational 12
program that is accredited by the Commission on Accreditation of Allied Health Education 13
Programs; or 14
2. A. Have graduated from a sleep technologist 15
educational program that is accredited by the American Academy of Sleep Medicine; and 16
B. Have completed a clinical component of an educational 17
program as established by the Committee and approved by the Board; 18
(ii) 1. Have graduated from a respiratory care educational 19
program that is accredited by the Commission on Accreditation of Allied Health Education 20
Programs; and 21
2. Have completed the Committee on Accreditation for 22
Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 23
Commission on Accreditation of Allied Health Education Programs; or 24
(iii) 1. Have graduated from an electroneuro –diagnostic 25
educational program that is accredited by the Commission on Accreditation of Allied Health 26
Education Programs; and 27
2. Have completed additional units, modules, and courses of 28
instruction focused on polysomnographic technology that are accredited by the Commission 29
on Accreditation of Allied Health Education Programs; and 30
(4) Meet any other educational or clinical requirements established by the 31
Committee and approved by the Board. 32
14–5C–10. 33 62 HOUSE BILL 962
[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 1
14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 2
(1) Has passed the national certifying examination by the Board of 3
Registered Polysomnographic Technologists or another examination approved by the 4
Board; 5
(2) Is certified by the Board of Registered Polysomnographic Technologists 6
as a registered polysomnographic technologist; 7
(3) Has submitted an application for licensure to the Board; and 8
(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 9
§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 10
[(b) (1) If an individual has not satisfied the requirements under subsection (a) 11
of this section on or before September 30, 2013, the individual may petition the Board for 12
an extension. 13
(2) The Board shall determine whether to grant an extension under this 14
subsection on a case–by–case basis.] 15
14–5C–17. 16
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 17
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 18
license to any applicant,] reprimand any licensee, place any licensee on probation, or 19
suspend or revoke a license, if the [applicant or] licensee: 20
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 21
the applicant, licensee, or for another; 22
(2) Fraudulently or deceptively uses a license; 23
(3) Is guilty of unprofessional or immoral conduct in the practice of 24
polysomnography; 25
(4) Is professionally, physically, or mentally incompetent; 26
(5) Abandons a patient; 27
(6) Is habitually intoxicated; 28
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 29
substance as defined in § 5–101 of the Criminal Law Article; 30 HOUSE BILL 962 63
(8) Provides professional services while: 1
(i) Under the influence of alcohol; or 2
(ii) Using any narcotic or controlled dangerous substance as defined 3
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 4
amounts or without valid medical indication; 5
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 6
patient so as to exploit the patient for financial gain; 7
(10) Willfully makes or files a false report or record in the practice of 8
polysomnography; 9
(11) Willfully fails to file or record any report as required under law, 10
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 11
to file or record a report; 12
(12) Breaches patient confidentiality; 13
(13) Pays or agrees to pay any sum or provide any form of remuneration or 14
material benefit to any person for bringing or referring a patient or accepts or agrees to 15
accept any sum or any form of remuneration or material benefit from an individual for 16
bringing or referring a patient; 17
(14) Knowingly makes a misrepresentation while practicing 18
polysomnography; 19
(15) Knowingly practices polysomnography with an unauthorized individual 20
or aids an unauthorized individual in the practice of polysomnography; 21
(16) Knowingly delegates a polysomnographic duty to an unlicensed 22
individual; 23
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
method, treatment, or medicine; 25
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
disciplined by a court of any state or country or is disciplined by any branch of the United 27
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
be grounds for disciplinary action under the Board’s disciplinary statutes; 29
(19) Fails to meet appropriate standards for the delivery of 30
polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 31
center; 32
64 HOUSE BILL 962
(20) Knowingly submits false statements to collect fees for which services 1
are not provided; 2
(21) (i) Has been subject to investigation or disciplinary action by a 3
licensing or disciplinary authority or by a court of any state or country for an act that would 4
be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
(ii) Has: 6
1. Surrendered the license, if any, issued by the state or 7
country; or 8
2. Allowed the license, if any, issued by the state or country 9
to expire or lapse; 10
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
of the Family Law Article; 12
(23) Sells, prescribes, gives away, or administers drugs for illegal or 13
illegitimate medical purposes; 14
(24) Practices or attempts to practice beyond the authorized scope of 15
practice; 16
(25) Refuses, withholds from, denies, or discriminates against an individual 17
with regard to the provision of professional services for which the licensee is licensed and 18
qualified to render because the individual is HIV positive; 19
(26) Practices or attempts to practice a polysomnography procedure or uses 20
or attempts to use polysomnography equipment if the applicant or licensee has not received 21
education and training in the performance of the procedure or the use of the equipment; 22
(27) Fails to cooperate with a lawful investigation conducted by the Board; 23
or 24
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
14–302 of this title. 26
14–5D–05. 27
(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 28
14–5D–07. 29
(b) This section does not apply to: 30
HOUSE BILL 962 65
(1) An individual employed by the federal government as an athletic 1
trainer while the individual is practicing within the scope of that employment; 2
(2) An individual employed by or under contract with an entity located in 3
another state who represents that entity: 4
(i) At an athletic event in the State; 5
(ii) For a period of time not to exceed 45 days within a calendar year; 6
and 7
(iii) By providing athletic training services to individuals 8
representing the entity at the event; or 9
(3) A student enrolled in an education program that meets the criteria of 10
[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 11
educational experience of athletic training. 12
14–5D–08. 13
[(a) To qualify for a license, an applicant shall be an individual who meets the 14
requirements of this section. 15
(b) The applicant shall: 16
(1) Be of good moral character; 17
(2) Be at least 18 years old; and 18
(3) Complete a criminal history records check in accordance with § 19
14–308.1 of this title.] 20
[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 21
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 22
(1) Have a current certification by a national certifying board approved by 23
the Board; AND 24
(2) Have received a bachelor’s or master’s degree from an athletic training 25
educational program that is accredited by the Commission on Accreditation of Athletic 26
Training Education or its successor[; 27
(3) Demonstrate oral and written competency in English as required by the 28
Board; and 29
(4) Meet any other requirements established by the Board]. 30 66 HOUSE BILL 962
[(d)] (B) The Board shall waive the education requirements under this section if 1
an individual was certified by the National Athletic Trainers’ Association Board of 2
Certification, Inc., on or before October 1, 2012, and is currently in good standing. 3
14–5D–10. 4
(a) An athletic trainer license authorizes the licensee to practice athletic training 5
services IN THE STATE while the license is effective. 6
14–5D–14. 7
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 8
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 9
license to any applicant,] reprimand any licensee, place any licensee on probation, or 10
suspend or revoke a license, if the [applicant or] licensee: 11
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
the applicant, licensee, or for another; 13
(2) Fraudulently or deceptively uses a license; 14
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 15
training; 16
(4) Is professionally, physically, or mentally incompetent; 17
(5) Abandons a patient; 18
(6) Habitually is intoxicated; 19
(7) Is addicted to, or habitually abuses, any narcotic or controlled 20
dangerous substance as defined in § 5–101 of the Criminal Law Article; 21
(8) Provides professional services while: 22
(i) Under the influence of alcohol; or 23
(ii) Using any narcotic or controlled dangerous substance as defined 24
in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 25
amounts or without valid medical indication; 26
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 27
patient so as to exploit the patient for financial gain; 28
(10) Willfully makes or files a false report or record in the practice of athletic 29
training; 30 HOUSE BILL 962 67
(11) Willfully fails to file or record any report as required under law, 1
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 2
to file or record the report; 3
(12) Breaches patient confidentiality; 4
(13) Pays or agrees to pay any sum or provide any form of remuneration or 5
material benefit to any individual for bringing or referring a patient or accepts or agrees to 6
accept any sum or any form of remuneration or material benefit from an individual for 7
bringing or referring a patient; 8
(14) Knowingly makes a misrepresentation whi le practicing athletic 9
training; 10
(15) Knowingly practices athletic training with an unauthorized individual 11
or aids an unauthorized individual in the practice of athletic trainer services; 12
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 13
method, treatment, or medicine; 14
(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 15
convicted or disciplined by a court of any state or country or is disciplined by any branch of 16
the United States uniformed services or the Veterans Administration for an act that would 17
be grounds for disciplinary action under this section; 18
(18) Fails to meet appropriate standards for the delivery of athletic training 19
services; 20
(19) Knowingly submits false statements to collect fees for which services 21
have not been provided; 22
(20) (i) Has been subject to investigation or disciplinary action by a 23
licensing or disciplinary authority or by a court of any state or country for an act that would 24
be grounds for disciplinary action under the Board’s disciplinary statutes; and 25
(ii) Has: 26
1. Surrendered the license issued by the state or country; or 27
2. Allowed the license issued by the state or country to expire 28
or lapse; 29
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 30
of the Family Law Article; 31
68 HOUSE BILL 962
(22) Sells, prescribes, gives away, or administers drugs for illegal or 1
illegitimate medical purposes; 2
(23) Practices or attempts to practice beyond the authorized scope of 3
practice; 4
(24) Refuses, withholds from, denies, or discriminates against an individual 5
with regard to the provision of professional services for which the licensee is licensed and 6
qualified to render because the individual is HIV positive; 7
(25) Practices or attempts to practice an athletic training procedure or uses 8
or attempts to use athletic training equipment if the applicant or licensee has not received 9
education and training in the performance of the procedure or the use of the equipment; 10
(26) Fails to cooperate with a lawful investigation conducted by the Board 11
or a disciplinary panel; 12
(27) Fails to practice under the supervision of a physician or violates the 13
approved evaluation and treatment protocol; 14
(28) Violates an order of the Board or a disciplinary panel, including any 15
condition of probation; or 16
(29) Fails to complete a criminal history records check under [§ 14–308.1] § 17
14–302 of this title. 18
14–5E–01. 19
(a) In this subtitle the following words have the meanings indicated. 20
(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 21
14–5E–09 of this subtitle, is: 22
(1) Enrolled in an accredited educational program to qualify for a license 23
under this subtitle; and 24
(2) Performing perfusion services within the accredited program under the 25
supervision of a licensed perfusionist and without compensation. 26
14–5E–06. 27
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 28
14–5E–08. 29
HOUSE BILL 962 69
(b) This section does not apply to a student enrolled in an education program 1
under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 2
program. 3
14–5E–09. 4
[(a) To qualify for a license, an applicant shall be an individual who meets the 5
requirements of this section. 6
(b) The applicant shall: 7
(1) Be of good moral character; 8
(2) Be at least 18 years old; and 9
(3) Complete a criminal history records check in accordance with § 10
14–308.1 of this title. 11
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 12
UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 13
(1) (i) Submit to the Board satisfactory evidence of certification as a 14
certified perfusionist or other national certification approved by the Board; and 15
(ii) Meet any other educational or clinical requirements established 16
by the Committee and approved by the Board; or 17
(2) (i) Submit to the Board satisfactory evidence of graduation from a 18
perfusion educational program that is accredited by the Commission on Accreditation of 19
Allied Health Education Programs, or the Commission’s predecessor or successor; and 20
(ii) Meet any other educational or clinical requirements established 21
by the Committee and approved by the Board. 22
14–5E–10. 23
(a) Except as provided in subsection (b) of this section, an applicant who 24
otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 25
entitled to be licensed for a single 2–year term before taking the national certifying 26
examination given by the American Board of Cardiovascular Perfusion or its successor 27
organization or another examination given or approved by the Board. 28
14–5E–13. 29
[(a) (1) A license expires on a date set by the Board, unless the license is 30
renewed for an additional term as provided in this section. 31 70 HOUSE BILL 962
(2) The term of a license issued by the Board may not exceed 3 years. 1
(b) At least 1 month before a license expires, the Board shall send to the licensed 2
perfusionist a renewal notice that states: 3
(1) The date on which the current license expires; 4
(2) The date by which the renewal application must be received by the 5
Board for the renewal to be issued and sent before the license expires; 6
(3) The amount of the renewal fee; and] 7
[(4)] (A) For licensees who qualified for an initial license under [§ 8
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 9
LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 10
the licensee must submit satisfactory evidence of a passing score on the examination as 11
required under subsection [(c)(2)] (B) of this section. 12
[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 13
the licensed perfusionist periodically may renew it for an additional term, if the licensee: 14
(i) Otherwise is entitled to be licensed; 15
(ii) Is of good moral character; 16
(iii) Pays to the Board a renewal fee set by the Board; and 17
(iv) Except as provided in paragraph (2) of this subsection, submits 18
to the Board: 19
1. A renewal application on the form that the Board requires; 20
and 21
2. Satisfactory evidence of compliance with any continuing 22
education or competency requirements and other requirements set under this section for 23
license renewal.] 24
[(2)] (B) A licensee who qualified for an initial license under [§ 25
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 26
evidence of a passing score on the national certifying examination given by the American 27
Board of Cardiovascular Perfusion or its successor organization or another examination 28
given or approved by the Board. 29
HOUSE BILL 962 71
[(d) In addition to any other qualifications and requirements established by the 1
Board, the Board shall establish continuing education or competency requirements as a 2
condition of the renewal of a license under this section.] 3
[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 4
requirements of this section AND § 14–306 OF THIS TITLE. 5
(2) The Board may not renew the license of a licensee who fails to submit 6
satisfactory evidence of a passing score on the examination as required under subsection 7
[(c)(2)] (B) of this section. 8
[(f) The Board shall reinstate the license of an individual who has failed to renew 9
the license for any reason if the individual: 10
(1) Applies for reinstatement after the date the license expires; 11
(2) Meets the renewal requirements of this section; and 12
(3) Pays to the Board the reinstatement fee set by the Board. 13
(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 14
records check in accordance with § 14–308.1 of this title for: 15
(i) Renewal applicants as determined by regulations adopted by the 16
Board; and 17
(ii) Each former licensee who files for reinstatement under 18
subsection (f) of this section. 19
(2) On receipt of the criminal history record information of a licensee 20
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 21
disciplinary action should be taken, based on the criminal history record information, 22
against a licensee who renewed or reinstated a license, the Board shall consider: 23
(i) The age at which the crime was committed; 24
(ii) The nature of the crime; 25
(iii) The circumstances surrounding the crime; 26
(iv) The length of time that has passed since the crime; 27
(v) Subsequent work history; 28
(vi) Employment and character references; and 29
72 HOUSE BILL 962
(vii) Other evidence that demonstrates whether the licensee poses a 1
threat to the public health or safety. 2
(3) The Board may renew or reinstate a license only if the licensee or 3
applicant attests that the licensee or applicant has submitted to a criminal history records 4
check under § 14–308.1 of this title. 5
(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 6
education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 7
for failure of a licensee to obtain the continuing education credits required by the Board.] 8
14–5E–14. 9
[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 10
name or address within 60 days after the change. 11
(2) A licensed perfusionist who fails to comply with the requirements of 12
paragraph (1) of this subsection is subject to an administrative penalty of $100.] 13
[(b)] Each licensed perfusionist shall: 14
(1) Keep a copy of the license in the licensee’s employment file; and 15
(2) Make the license available for inspection on request. 16
14–5E–16. 17
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 19
license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
suspend or revoke a license, if the [applicant or] licensee: 21
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
the applicant or licensee or for another; 23
(2) Fraudulently or deceptively uses a license; 24
(3) Is guilty of unprofessional or immoral conduct in the practice of 25
perfusion; 26
(4) Is professionally, physically, or mentally incompetent; 27
(5) Abandons a patient; 28
(6) Is habitually intoxicated; 29
HOUSE BILL 962 73
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1
substance as defined in § 5–101 of the Criminal Law Article; 2
(8) Provides professional services while: 3
(i) Under the influence of alcohol; or 4
(ii) Using any narcotic or controlled dangerous substance as defined 5
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
amounts or without valid medical indication; 7
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
patient so as to exploit the patient for financial gain; 9
(10) Willfully makes or files a false report or record in the practice of 10
perfusion; 11
(11) Willfully fails to file or record any report as required under law, 12
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
to file or record a report; 14
(12) Breaches patient confidentiality; 15
(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
material benefit to any person for bringing or referring a patient or accepts or agrees to 17
accept any sum or any form of remuneration or material benefit from an individual for 18
bringing or referring a patient; 19
(14) Knowingly makes a misrepresentation while practicing perfusion; 20
(15) Knowingly practices perfusion with an unauthorized individual or aids 21
an unauthorized individual in the practice of perfusion; 22
(16) Knowingly delegates a perfusion duty to an unlicensed individual; 23
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
method, treatment, or medicine; 25
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
disciplined by a court of any state or country or is disciplined by any branch of the United 27
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
be grounds for disciplinary action under the Board’s disciplinary statutes; 29
(19) Fails to meet appropriate standards for the delivery of perfusion 30
services; 31
74 HOUSE BILL 962
(20) Knowingly submits false statements to collect fees for which services 1
are not provided; 2
(21) (i) Has been subject to investigation or disciplinary action by a 3
licensing or disciplinary authority or by a court of any state or country for an act that would 4
be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
(ii) Has: 6
1. Surrendered the license, if any, issued by the state or 7
country; or 8
2. Allowed the license, if any, issued by the state or country 9
to expire or lapse; 10
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
of the Family Law Article; 12
(23) Sells, prescribes, gives away, or administers drugs for illegal or 13
illegitimate medical purposes; 14
(24) Practices or attempts to practice beyond the authorized scope of 15
practice; 16
(25) Refuses, withholds from, denies, or discriminates against an individual 17
with regard to the provision of professional services for which the licensee is licensed and 18
qualified to render because the individual is HIV positive; 19
(26) Practices or attempts to practice a perfusion procedure or uses or 20
attempts to use perfusion equipment if the applicant or licensee has not received education 21
and training in the performance of the procedure or the use of the equipment; 22
(27) Fails to cooperate with a lawful investigation of the Board or a 23
disciplinary panel; or 24
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
14–302 of this title. 26
14–5F–07. 27
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 28
14–5F–11. 29
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 30
TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 31
requirements of this section. 32 HOUSE BILL 962 75
(b) The applicant shall be of good moral character. 1
(c) The] applicant shall be at least 21 years old. 2
[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 3
(1) Have a doctorate in naturopathic medicine from an approved 4
naturopathic medical program; and 5
(2) Pass the competency –based national naturopathic licensing 6
examination Part I and Part II administered by the North American Board of Naturopathic 7
Examiners, or its successor agency that has been nationally recognized to administer a 8
naturopathic examination that represents federal standards of education and training. 9
[(e)] (C) An applicant shall be physically and mentally capable of safely 10
practicing naturopathic medicine with or without reasonable accommodation. 11
[(f)] (D) If an applicant is licensed, certified, or registered to practice 12
naturopathic medicine or any other health occupation in another state, the applicant shall 13
be in good standing with the applicable state licensing, certification, or registration 14
authority. 15
[(g) An applicant shall complete a criminal history records check in accordance 16
with § 14–308.1 of this title.] 17
14–5F–12. 18
To apply for a license, an applicant shall: 19
[(1) Complete a criminal history records check in accordance with § 20
14–308.1 of this title; 21
(2) Submit an application to the Board on a form that the Board requires; 22
(3) Pay to the Board an application fee set by the Board;] 23
[(4)] (1) If the applicant has been licensed, certified, or registered to 24
practice naturopathic medicine in another state, submit all evidence relating to: 25
(i) Any disciplinary action taken or any administrative penalties 26
assessed against the applicant by the appropriate state licensing, certification, or 27
registration authority; and 28
76 HOUSE BILL 962
(ii) Any consent agreements the applicant entered into that contain 1
conditions placed on the applicant’s professional conduct and practice, including any 2
voluntary surrender of a license; 3
[(5)] (2) Complete and submit to the Board a Board–approved written 4
attestation that: 5
(i) States that the applicant has a collaboration and consultation 6
agreement with a physician licensed under this article; 7
(ii) Includes the name and license number of the physician with 8
whom the applicant has a collaboration and consultation agreement; 9
(iii) States that the applicant will refer patients to and consult with 10
physicians and other health care providers licensed or certified under this article as needed; 11
and 12
(iv) States that the applicant will require patients to sign a consent 13
form that states that the applicant’s practice of naturopathic medicine is limited to the 14
scope of practice identified in § 14–5F–14 of this subtitle; and 15
[(6)] (3) Inform the physician named in the attestation that the physician 16
has been named. 17
14–5F–15. 18
[(a) (1) The term of a license issued by the Board may not exceed 3 years. 19
(2) A license expires on a date set by the Board, unless the license is 20
renewed as provided in this section. 21
(b) At least 1 month before the license expires, the Board shall send to the licensee 22
a renewal notice that states: 23
(1) The date on which the current license expires; 24
(2) The date by which the renewal application must be received by the 25
Board for the renewal to be issued and mailed before the license expires; and 26
(3) The amount of the renewal fee. 27
(c) The Board shall renew the license of a licensee who: 28
(1) Submits a renewal application on the form that the Board requires; 29
(2) Is of good moral character; 30
HOUSE BILL 962 77
(3) Pays a renewal fee set by the Board; 1
(4) Is otherwise entitled to be licensed; 2
(5) Meets the continuing education requirements adopted by the Board; 3
and 4
(6) Provides] IN ADDITION TO MEETIN G THE LIC ENSE RENEWAL 5
REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 6
evidence of biennial cardiopulmonary resuscitation certification. 7
[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 8
records check in accordance with § 14–308.1 of this title for: 9
(i) Renewal applicants as determined by regulations adopted by the 10
Board; and 11
(ii) Each former licensee who files for reinstatement under § 12
14–5F–16(b) of this subtitle. 13
(2) On receipt of the criminal history record information of a licensee 14
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 15
disciplinary action should be taken, based on the criminal history record information, 16
against a licensee who renewed or reinstated a license, the Board shall consider: 17
(i) The age at which the crime was committed; 18
(ii) The nature of the crime; 19
(iii) The circumstances surrounding the crime; 20
(iv) The length of time that has passed since the crime; 21
(v) Subsequent work history; 22
(vi) Employment and character references; and 23
(vii) Other evidence that demonstrates whether the licensee poses a 24
threat to the public health or safety. 25
(3) The Board may renew or reinstate a license only if the licensee or 26
applicant attests that the licensee or applicant has submitted to a criminal history records 27
check under § 14–308.1 of this title. 28
(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 29
education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 30
for failure of a licensee to obtain the continuing education credits required by the Board.] 31 78 HOUSE BILL 962
14–5F–16. 1
(a) [(1)] The Board may place a licensee on inactive status if the licensee 2
submits to the Board: 3
[(i)] (1) An application for inactive status on the form required by 4
the Board; and 5
[(ii)] (2) The inactive status fee set by the Board. 6
[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 7
on inactive status if the individual is otherwise entitled to be licensed under this subtitle 8
and submits to the Board: 9
[(i)] (1) Satisfactory evidence of compliance with the requirements 10
of [§ 14–308.1] § 14–302 of this title; 11
[(ii)] (2) Satisfactory evidence of compliance with the continuing 12
education requirements the Board adopts for this purpose; and 13
[(iii)] (3) A reinstatement fee set by the Board. 14
[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 15
to renew the license for any reason if the naturopathic doctor: 16
(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 17
(2) Pays to the Board a reinstatement fee set by the Board; and 18
(3) Submits to the Board satisfactory evidence of compliance with the 19
qualifications and requirements adopted by the Board under this subtitle for license 20
reinstatements.] 21
14–5F–18. 22
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 23
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 24
license to any applicant,] reprimand any licensee, place any licensee on probation, or 25
suspend or revoke a license of any licensee if the [applicant or] licensee: 26
(1) Is habitually intoxicated, or is addicted to or habitually abuses any 27
narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 28
Article, or any drug without a valid prescription or indication, or provides professional 29
services while under the influence of alcohol or using any narcotic or controlled dangerous 30
substance, as defined in § 5–101 of the Criminal Law Article; 31 HOUSE BILL 962 79
(2) Has been found to be mentally incompetent by a physician if the mental 1
incompetence impairs the ability of the applicant or licensee to undertake the practice of 2
naturopathic medicine in a manner consistent with the safety of the public; 3
(3) Has entered into a consent agreement with or has been assessed an 4
administrative penalty by a licensing authority in another state; 5
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 6
license for the applicant, the licensee, or another; 7
(5) Has a license revoked or suspended, or was otherwise acted against, 8
including the denial of licensure, by the licensing authority of another state; 9
(6) Uses false, deceptive, or misleading advertising; 10
(7) Advertises, practices, or attempts to practice under a name other than 11
the applicant’s or licensee’s own name; 12
(8) Aids, assists, employs, or advises any unlicensed individual to practice 13
naturopathic medicine in violation of this subtitle; 14
(9) Willfully makes or files a false report or record in the practice of 15
naturopathic medicine; 16
(10) Willfully or negligently fails to file a report or record as required by law, 17
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 18
to file or record a report; 19
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 20
in any split–fee arrangement in any form with a licensed physician, organization, agency, 21
or other person, either directly or indirectly, for patients referred to health care providers; 22
(12) Exercises influence within a patient–doctor relationship for purposes of 23
engaging a patient in sexual activity; 24
(13) Engages in sexual misconduct with a patient; 25
(14) Fails to keep written medical records justifying the course of treatment 26
of a patient; 27
(15) Engages in an act or omission that does not meet generally accepted 28
standards of practice of naturopathic medicine or of safe care of patients, whether or not 29
actual injury to a patient is established; 30
80 HOUSE BILL 962
(16) Delegates professional responsibilities to an individual when the 1
licensee delegating the responsibilities knows or has reason to know that the individual is 2
not qualified by training, experience, or licensure to perform the responsibilities; 3
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 4
patient so as to exploit the patient for financial gain; 5
(18) Breaches patient confidentiality; 6
(19) Is guilty of unprofessional or immoral conduct in the practice of 7
naturopathic medicine; 8
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 9
method, treatment, or medicine; 10
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 11
of the Family Law Article; 12
(22) Sells, prescribes, gives away, or administers drugs for illegal or 13
illegitimate purposes; 14
(23) Denies or discriminates against an individual with regard to the 15
provision of professional services for which the licensee is licensed and qualified to render 16
because the individual is HIV positive; 17
(24) Fails to cooperate with a lawful investigation of the Board; 18
(25) Abandons a patient; 19
(26) Violates any provision of this title or any regulation adopted by the 20
Board; or 21
(27) Fails to complete a criminal history records check under [§ 14–308.1] § 22
14–302 of this title. 23
14–5F–21. 24
[(a) The Board shall give notice and hold a hearing in accordance with the 25
Administrative Procedure Act. 26
(b) The individual may be represented at the hearing by counsel. 27
(c) Over the signature of an officer or the administrator of the Board, the Board 28
or a disciplinary panel may issue subpoenas and administer oaths in connection with any 29
investigation under this subtitle and any hearings or proceedings before the Board or a 30
disciplinary panel. 31
HOUSE BILL 962 81
(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 1
disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 2
testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 3
may punish the person as for contempt of court. 4
(e) If, after due notice, the individual against whom the action is contemplated 5
fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 6
matter. 7
(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 8
PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 9
individual shall pay the costs of the hearing as specified in a regulation adopted by the 10
Board. 11
14–5F–24. 12
(c) A disciplinary panel may not reinstate a surrendered or revoked license that 13
has been surrendered or revoked for a period of more than 1 year unless the licensee: 14
(1) Meets the requirements for reinstatement as established under this 15
title; and 16
(2) Completes a criminal history records check in accordance with [§ 17
14–308.1] § 14–302 of this title. 18
14–5G–09. 19
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 20
individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 21
(b) [The applicant must be of good moral character. 22
(c) The applicant must be at least 18 years old. 23
(d)] The applicant must be a graduate of an appropriate education program 24
approved by the Board. 25
[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 26
shall submit to the Board satisfactory evidence of certification by a national certifying 27
organization approved by the Board. 28
[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 29
(C) of this section, the applicant may qualify for licensure if the applicant: 30
(1) Has worked as a genetic counselor for: 31
82 HOUSE BILL 962
(i) At least 10 years before January 1, 2024; and 1
(ii) At least 5 consecutive years immediately preceding the date on 2
which the applicant submits the application for licensure; 3
(2) Has graduated from an education program approved by the Board; 4
(3) Submits to the Board three letters of recommendation from licensed 5
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 6
for licensure and who: 7
(i) Have worked with the applicant in an employment or 8
professional setting for 3 years before the applicant submits the application for licensure; 9
and 10
(ii) Can attest to the applicant’s competency in providing genetic 11
counseling services; and 12
(4) Applies for initial licensure on or before December 31, 2024. 13
[(g) The applicant shall complete a criminal history records check in accordance 14
with § 14–308.1 of this title.] 15
[(h)] (E) The applicant shall meet any additional education, training, or 16
examination requirements established by the Board. 17
14–5G–14. 18
(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 19
14–5G–18 of this subtitle to the same extent as a genetic counselor. 20
14–5G–17. 21
A disciplinary panel may issue a cease and desist order for[: 22
(1) Practicing genetic counseling without a license or with an unauthorized 23
person; or 24
(2) Supervising] SUPERVISING or aiding an unauthorized person in the 25
practice of genetic counseling. 26
14–5G–18. 27
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 28
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 29 HOUSE BILL 962 83
license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
suspend or revoke a license, if the [applicant or] licensee: 2
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 3
the applicant or licensee or for another; 4
(2) Fraudulently or deceptively uses a license; 5
(3) Is guilty of unprofessional or immoral conduct while practicing genetic 6
counseling; 7
(4) Is professionally, physically, or mentally incompetent; 8
(5) Abandons a patient; 9
(6) Is habitually intoxicated; 10
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 11
substance as defined in § 5–101 of the Criminal Law Article; 12
(8) Provides professional services while: 13
(i) Under the influence of alcohol; or 14
(ii) Using any narcotic or controlled dangerous substance as defined 15
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 16
amounts or without valid medical indication; 17
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 18
patient so as to exploit the patient for financial gain; 19
(10) Willfully makes or files a false report or record in the practice of genetic 20
counseling; 21
(11) Willfully fails to file or record any report as required under law, 22
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 23
to file or record a report; 24
(12) Breaches patient confidentiality; 25
(13) Pays or agrees to pay any sum or provide any form of remuneration or 26
material benefit to any person for bringing or referring a patient or accepts or agrees to 27
accept any sum or any form of remuneration or material benefit from an individual for 28
bringing or referring a patient; 29
(14) Knowingly makes a misrepresentation while practicing genetic 30
counseling; 31 84 HOUSE BILL 962
(15) Knowingly practices genetic counseling with an unauthorized 1
individual or aids an unauthorized individual in practicing genetic counseling; 2
(16) Knowingly delegates a genetic counseling duty to an unlicensed 3
individual; 4
(17) Grossly overutilizes health care services; 5
(18) Offers, undertakes, or agrees to cure or treat disease by a secret 6
method, treatment, or medicine; 7
(19) Is disciplined by a licensing or disciplinary authority or is convicted or 8
disciplined by a court of any state or country or is disciplined by any branch of the United 9
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 10
be grounds for disciplinary action under the Board’s disciplinary statutes; 11
(20) Fails to meet appropriate standards for the delivery of genetic 12
counseling services; 13
(21) Knowingly submits false statements to collect fees for which services 14
are not provided; 15
(22) (i) Has been subject to investigation or disciplinary action by a 16
licensing or disciplinary authority or by a court of any state or country for an act that would 17
be grounds for disciplinary action under the Board’s disciplinary statutes; and 18
(ii) Has: 19
1. Surrendered the license, if any, issued by the state or 20
country; or 21
2. Allowed the license, if any, issued by the state or country 22
to expire or lapse; 23
(23) Knowingly fails to report suspected child abuse in violation of § 5–704 24
of the Family Law Article; 25
(24) Practices or attempts to practice beyond the authorized scope of 26
practice; 27
(25) Refuses, withholds from, denies, or discriminates against an individual 28
with regard to the provision of professional services for which the licensee is licensed and 29
qualified to render because the individual is HIV positive; 30
(26) Practices or attempts to practice genetic counseling procedures or uses 31
or attempts to use genetic assessments if the applicant or licensee has not received 32 HOUSE BILL 962 85
education and training in the performance of the procedure or the use of the genetic 1
assessment; 2
(27) Fails to cooperate with a lawful investigation of the Board or a 3
disciplinary panel; 4
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
14–302 of this title; or 6
(29) Violates any provision of this title or any rule or regulation pertaining 7
to genetic counseling that is adopted by the Board, the State, or the federal government. 8
SUBTITLE 5H. PHYSICIAN ASSISTANTS. 9
14–5H–01. 10
(a) In this [title] SUBTITLE the following words have the meanings indicated. 11
[(d) “Board” means the State Board of Physicians, established under § 14–201 of 12
this article.] 13
[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 14
[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 15
of the Criminal Law Article. 16
[(g)] (F) “Correctional facility” includes a State or local correctional facility. 17
[(h)] (G) “Delegated medical acts” means activities that constitute the practice 18
of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 19
[(i)] (H) “Delegation agreement” means a document that is executed by a 20
primary supervising physician and a physician assistant containing the requirements of [§ 21
15–302] § 14–5H–08 of this [title] SUBTITLE. 22
[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 23
under § 14–401 of this article.] 24
[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 25
article. 26
[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 27
promote the sale of the drug and is not intended for sale. 28
[(l)] (K) “Hospital” means: 29 86 HOUSE BILL 962
(1) A hospital as defined under § 19–301 of the Health – General Article; 1
(2) A comprehensive care facility that: 2
(i) Meets the requirements of a hospital–based skilled nursing 3
facility under federal law; and 4
(ii) Offers acute care in the same building; and 5
(3) An emergency room that is physically connected to a hospital or a 6
freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 7
General Article. 8
[(m)] (L) “License” means a license issued by the Board to a physician assistant 9
under this title. 10
[(n)] (M) “National certifying examination” means the Physician Assistant 11
National Certifying Examination administered by the National Commission on 12
Certification of Physician Assistants or its successor. 13
[(o)] (N) “Physician assistant” means an individual who is licensed under this 14
title to practice medicine with physician supervision. 15
[(p)] (O) “Practice as a physician assistant” means the performance of medical 16
acts that are: 17
(1) Delegated by a supervising physician to a physician assistant; 18
(2) Within the supervising physician’s scope of practice; and 19
(3) Appropriate to the physician assistant’s education, training, and 20
experience. 21
[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 22
alternate supervising physician to a physician assistant to: 23
(1) Prescribe and administer controlled dangerous substances, prescription 24
drugs, medical devices, and the oral, written, or electronic ordering of medications; and 25
(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 26
14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 27
[(r)] (Q) “Primary supervising physician” means a physician who: 28
HOUSE BILL 962 87
(1) Completes a delegation agreement that meets the requirements under 1
[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 2
SUBTITLE and files a copy with the Board; 3
(2) Acts as the physician responsible to ensure that a physician assistant 4
practices medicine in accordance with this title and the regulations adopted under this title; 5
(3) Ensures that a physician assistant practices within the scope of practice 6
of the primary supervising physician or any designated alternate supervising physician; 7
and 8
(4) Ensures that a list of alternate supervising physicians is maintained at 9
the practice setting. 10
[(s)] (R) “Public health facility” means a site where clinical public health 11
services are rendered under the auspices of the Department, a local health department in 12
a county, or the Baltimore City Health Department. 13
[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 14
(1) Of short duration of 72 hours or less; or 15
(2) Prior to obtaining a larger quantity of the drug to complete therapy. 16
[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 17
on–site supervision or immediately available direction for physician assistants performing 18
delegated medical acts. 19
(2) “Supervision” includes physician oversight of and acceptance of direct 20
responsibility for the patient services and care rendered by a physician assistant, including 21
continuous availability to the physician assistant in person, through written instructions, 22
or by electronic means and by designation of one or more alternate supervising physicians. 23
14–5H–02. 24
[(a)] A physician assistant may not practice within the scope of practice of any of 25
the following health occupations authorized under this article: 26
(1) Nursing; 27
(2) Optometry; 28
(3) Physical therapy; or 29
(4) Psychology. 30
88 HOUSE BILL 962
[(b) This title does not limit the right of an individual to practice a health 1
occupation that the individual is authorized to practice under this article.] 2
14–5H–03. 3
(c) Except as otherwise provided under subsections (b) and (d) of this section, a 4
hospital, a related institution, an alternative health care system, or an employer of a 5
physician assistant shall report to the Board any limitation, reduction, or other change of 6
the terms of employment of the physician assistant or any termination of employment of 7
the physician assistant for any reason that might be grounds for disciplinary action under 8
[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 9
(d) A hospital, related institution, alternative health care system, or employer 10
that has reason to know that a physician assistant has committed an action or has a 11
condition that might be grounds for reprimand or probation of the physician assistant or 12
suspension or revocation of the license of the physician assistant under [§ 15–314] § 13
14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 14
drug–impaired is not required to report to the Board if: 15
(1) The hospital, related institution, alternative health care system, or 16
employer knows that the physician assistant is: 17
(i) In an alcohol or drug treatment program that is accredited by the 18
Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 19
Department; or 20
(ii) Under the care of a health care practitioner who is competent 21
and capable of dealing with alcoholism and drug abuse; 22
(2) The hospital, related institution, alternative health care system, or 23
employer is able to verify that the physician assistant remains in the treatment program 24
until discharge; and 25
(3) The action or condition of the physician assistant has not caused injury 26
to any person while the physician assistant is practicing as a licensed physician assistant. 27
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 28
or drug treatment program that is accredited by the Joint Commission [on Accreditation of 29
Healthcare Organizations] or that is certified by the Department, the physician assistant 30
shall notify the hospital, related institution, alternative health care system, or employer of 31
the physician assistant’s decision to enter the treatment program. 32
14–5H–06. 33
(a) In addition to the powers set forth elsewhere in this title, the Committee, on 34
its initiative or on the Board’s request, may: 35 HOUSE BILL 962 89
(1) Recommend to the Board regulations for carrying out the provisions of 1
this title; 2
(2) Recommend to the Board approval, modification, or disapproval of an 3
application for licensure or a delegation agreement; 4
(3) Report to the Board any conduct of a supervising physician or a 5
physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 6
or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 7
(4) Report to the Board any alleged unauthorized practice of a physician 8
assistant. 9
14–5H–07. 10
(c) Patient services that may be provided by a physician assistant include: 11
(1) (i) Taking complete, detailed, and accurate patient histories; and 12
(ii) Reviewing patient records to develop comprehensive medical 13
status reports; 14
(2) Performing physical examinations and recording all pertinent patient 15
data; 16
(3) Interpreting and evaluating patient data as authorized by the primary 17
or alternate supervising physician for the purpose of determining management and 18
treatment of patients; 19
(4) Initiating requests for or performing diagnostic procedures as indicated 20
by pertinent data and as authorized by the supervising physician; 21
(5) Providing instructions and guidance regarding medical care matters to 22
patients; 23
(6) Assisting the primary or alternate supervising physician in the delivery 24
of services to patients who require medical care in the home and in health care institutions, 25
including: 26
(i) Recording patient progress notes; 27
(ii) Issuing diagnostic orders; and 28
(iii) Transcribing or executing specific orders at the direction of the 29
primary or alternate supervising physician; and 30
90 HOUSE BILL 962
(7) Exercising prescriptive authority under a delegation agreement and in 1
accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 2
14–5H–08. 3
(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 4
authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 5
the physician delegating the duties, a primary supervising physician shall obtain the 6
Board’s approval of a delegation agreement that includes advanced duties in accordance 7
with subsubparagraph 2 of this subparagraph. 8
(g) If the Board determines that a primary or alternate supervising physician or 9
physician assistant is practicing in a manner inconsistent with the requirements of this 10
title [or Title 14 of this article], the Board on its own initiative or on the recommendation 11
of the Committee may demand modification of the practice, withdraw the approval of the 12
delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 13
other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 14
OR § 14–515 of this [article] TITLE. 15
(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 16
14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 17
agreement filed with the Board under this subtitle at any time. 18
(l) (2) If there is no designated alternate supervising physician or the 19
designated alternate supervising physician does not agree to supervise the physician 20
assistant, the physician assistant may not practice until the physician assistant receives 21
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 22
(m) A physician assistant whose delegation agreement is terminated may not 23
practice as a physician assistant until the physician assistant receives preliminary 24
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 25
14–5H–09. 26
(a) If a delegation agreement does not include advanced duties or the advanced 27
duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 28
physician assistant may assume the duties under a delegation agreement on the date that 29
the Board acknowledges receipt of the completed delegation agreement. 30
(b) In this section, “pending” means that a delegation agreement that includes 31
delegation of advanced duties in a setting that does not meet the requirements under [§ 32
15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 33
Board for its approval, but: 34
(1) The Committee has not made a recommendation to the Board; or 35
HOUSE BILL 962 91
(2) The Board has not made a final decision regarding the delegation 1
agreement. 2
14–5H–10. 3
(e) Before a physician assistant may renew a license for an additional 2–year 4
term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 5
submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 6
education within the previous 2 years. 7
14–5H–12. 8
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 9
TITLE, TO qualify for a license, an applicant shall: 10
[(1) Complete a criminal history records check in accordance with § 11
14–308.1 of this article; 12
(2) Be of good moral character; 13
(3) Demonstrate oral and written competency in the English language as 14
required by the Board; 15
(4) Be at least 18 years old; and 16
(5) (i)] (1) Be a graduate of a physician assistant training program 17
approved by the Board; or 18
[(ii)] (2) Have passed the physician assistant national certifying 19
examination administered by the National Commission on Certification of Physician 20
Assistants prior to 1986, maintained all continuing education and recertification 21
requirements, and been in continuous practice since passage of the examination. 22
14–5H–14. 23
[(a)] Each licensee shall keep a license and delegation agreement for inspection at 24
the primary place of business of the licensee. 25
[(b) (1) Each licensee shall give the Board written notice of any change of name 26
or address within 60 days of the date of the change. 27
(2) A licensee who fails to comply with this subsection is subject to an 28
administrative penalty of $100.] 29
14–5H–15. 30
92 HOUSE BILL 962
(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 1
Article, before the Board takes any action to reject or modify a delegation agreement or 2
advanced duty, the Board shall give the licensee the opportunity for a hearing before the 3
Board. 4
[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 5
Subtitle 2 of the State Government Article. 6
[(3)] (C) The Board may administer oaths in connection with any 7
proceeding under this section. 8
[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 9
sent to the last known address of the applicant or licensee. 10
[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 11
rejecting or modifying a delegation agreement or advanced duty may petition for judicial 12
review as allowed by the Administrative Procedure Act.] 13
14–5H–16. 14
(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 15
TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 16
reprimand any physician assistant, place any physician assistant on probation, or suspend 17
or revoke a license if the physician assistant: 18
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 19
the applicant or licensee or for another; 20
(2) Fraudulently or deceptively uses a license; 21
(3) Is guilty of: 22
(i) Immoral conduct in the practice of medicine; or 23
(ii) Unprofessional conduct in the practice of medicine; 24
(4) Is professionally, physically, or mentally incompetent; 25
(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 26
[article] SUBTITLE; 27
(6) Abandons a patient; 28
(7) Habitually is intoxicated; 29
HOUSE BILL 962 93
(8) Is addicted to, or habitually abuses, any narcotic or controlled 1
dangerous substance as defined in § 5–101 of the Criminal Law Article; 2
(9) Provides professional services: 3
(i) While under the influence of alcohol; or 4
(ii) While using any narcotic or controlled dangerous substance, as 5
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 6
amounts or without valid medical indication; 7
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 8
as to exploit the patient for financial gain; 9
(11) Willfully makes or files a false report or record in the practice of 10
medicine; 11
(12) Willfully fails to file or record any medical report as required under law, 12
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 13
to file or record the report; 14
(13) On proper request, and in accordance with the provisions of Title 4, 15
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 16
record to the patient, another physician, or hospital; 17
(14) Solicits professional patronage through an agent or other person or 18
profits from the acts of a person who is represented as an agent of the physician; 19
(15) Pays or agrees to pay any sum to any person for bringing or referring a 20
patient or accepts or agrees to accept any sum from any person for bringing or referring a 21
patient; 22
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 23
the laboratory for a test or test series for a patient, unless the licensed physician assistant 24
discloses on the bill to the patient or third–party payor: 25
(i) The name of the laboratory; 26
(ii) The amount paid to the laboratory for the test or test series; and 27
(iii) The amount of procurement or processing charge of the licensed 28
physician, if any, for each specimen taken; 29
(17) Makes a willful misrepresentation in treatment; 30
(18) Practices medicine with an unauthorized person or aids an 31
unauthorized person in the practice of medicine; 32 94 HOUSE BILL 962
(19) Grossly overutilizes health care services; 1
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 2
method, treatment, or medicine; 3
(21) Is disciplined by a licensing or disciplinary authority or convicted or 4
disciplined by a court of any state or country or disciplined by any branch of the United 5
States uniformed services or the Veterans’ Administration for an act that would be grounds 6
for disciplinary action under this section; 7
(22) Fails to meet appropriate standards for the delivery of quality medical 8
and surgical care performed in an outpatient surgical facility, office, hospital, or any other 9
location in this State; 10
(23) Willfully submits false statements to collect fees for which services are 11
not provided; 12
(24) Was subject to investigation or disciplinary action by a licensing or 13
disciplinary authority or by a court of any state or country for an act that would be grounds 14
for disciplinary action under this section and the licensee: 15
(i) Surrendered the license issued by the state or country to the 16
state or country; or 17
(ii) Allowed the license issued by the state or country to expire or 18
lapse; 19
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 20
of the Family Law Article; 21
(26) Fails to educate a patient being treated for breast cancer of alternative 22
methods of treatment as required by § 20–113 of the Health – General Article; 23
(27) Sells, prescribes, gives away, or administers drugs for illegal or 24
illegitimate medical purposes; 25
(28) Fails to comply with the provisions of § 12–102 of this article; 26
(29) Refuses, withholds from, denies, or discriminates against an individual 27
with regard to the provision of professional services for which the physician assistant is 28
licensed and qualified to render because the individual is HIV positive; 29
(30) Except as to an association that has remained in continuous existence 30
since July 1, 1963: 31
HOUSE BILL 962 95
(i) Associates with a pharmacist as a partner or co–owner of a 1
pharmacy for the purpose of operating a pharmacy; 2
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 3
or 4
(iii) Contracts with a pharmacist for the purpose of operating a 5
pharmacy; 6
(31) Except in an emergency life–threatening situation where it is not 7
feasible or practicable, fails to comply with the Centers for Disease Control and 8
Prevention’s guidelines on universal precautions; 9
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 10
[article] TITLE; 11
(33) Fails to cooperate with a lawful investigation conducted by the Board 12
or a disciplinary panel; 13
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 14
Article; 15
(35) Is in breach of a service obligation resulting from the applicant’s or 16
licensee’s receipt of State or federal funding for the physician assistant’s medical education; 17
(36) Willfully makes a false representation when seeking or making 18
application for licensure or any other application related to the practice of medicine; 19
(37) By corrupt means, threats, or force, intimidates or influences, or 20
attempts to intimidate or influence, for the purpose of causing any person to withhold or 21
change testimony in hearings or proceedings before the Board or a disciplinary panel or 22
those otherwise delegated to the Office of Administrative Hearings; 23
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 24
delays any person from making information available to the Board or a disciplinary panel 25
in furtherance of any investigation of the Board or a disciplinary panel; 26
(39) Intentionally misrepresents credentials for the purpose of testifying or 27
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 28
panel or those otherwise delegated to the Office of Administrative Hearings; 29
(40) Fails to keep adequate medical records; 30
(41) Performs delegated medical acts beyond the scope of the delegation 31
agreement filed with the Board or after notification from the Board that an advanced duty 32
has been disapproved; 33
96 HOUSE BILL 962
(42) Performs delegated medical acts without the supervision of a physician; 1
(43) Fails to complete a criminal history records check under [§ 14–308.1] § 2
14–302 of this [article] TITLE; 3
(44) Fails to comply with the requirements of the Prescription Drug 4
Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 5
(45) Fails to comply with the requirements of the Prescription Drug 6
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 7
(46) Fails to comply with any State or federal law pertaining to the practice 8
as a physician assistant. 9
(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 10
PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBS ECTION (A) 11
OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 12
REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 13
PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 14
FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 15
REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 16
LICENSEE ON PROBATION. 17
(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 18
INTO THE GENERAL FUND OF THE STATE. 19
(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 20
DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 21
TERMS AND CONDITIONS DETER MINED BY THE DISCIPL INARY PANEL. 22
14–5H–21. 23
(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 24
of this subtitle: 25
(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 26
exceeding $5,000 or imprisonment not exceeding 5 years or both; and 27
(2) Shall lose licensure as a physician assistant under this title. 28
(b) (1) In addition to the penalties under subsection (a) of this section, a person 29
who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 30
assessed by a disciplinary panel in an amount not exceeding $5,000. 31
HOUSE BILL 962 97
(2) In addition to the penalties under paragraph (1) of this subsection, a 1
person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 2
civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 3
(3) The Board shall pay any civil penalty collected under this subsection 4
into the Board of Physicians Fund. 5
14–5H–22. 6
This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 7
14–5H–23. 8
Subject to the evaluation and reestablishment provisions of the Maryland Program 9
Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 10
SUBTITLE shall terminate and be of no effect after July 1, 2030. 11
Article – Transportation 12
13–616. 13
(a) (1) In this subtitle the following words have the meanings indicated. 14
(7) “Licensed physician assistant” means an individual who is licensed 15
under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 16
with physician supervision. 17
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
as follows: 19
Article – Health Occupations 20
14–3A–01. 21
The Interstate Medical Licensure Compact is enacted into law and entered into with 22
all other states legally joining in it in the form substantially as it appears in this section as 23
follows: 24
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 25
(b) (3) (i) The member board within the state selected as the state of 26
principal license shall, in the course of verifying eligibility, require the applicant to obtain 27
a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 28
including the use of the results of fingerprint or other biometric data checks compliant with 29
the requirements of the Federal Bureau of Investigation, with the exception of federal 30
employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 31 98 HOUSE BILL 962
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Tax – General 3
10–752. 4
(a) (1) In this section the following words have the meanings indicated. 5
(3) “Health care practitioner” means an individual who: 6
(i) is licensed to practice medicine under Title 14 of the Health 7
Occupations Article; 8
(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 9
the Health Occupations Article; or 10
(iii) is a registered nurse practitioner, as defined in § 8–101 of the 11
Health Occupations Article. 12
(d) (7) The Fund consists of: 13
(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 14
the Health Occupations Article; 15
(ii) money appropriated in the State budget to the Fund; and 16
(iii) any other money from any other source accepted for the benefit 17
of the Fund. 18
SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 19
Annotated Code of Maryland, in consultation with and subject to the approval of the 20
Department of Legislative Services, shall correct, with no further action required by the 21
General Assembly, cross–references and terminology rendered incorrect by this Act. The 22
publisher shall adequately describe any correction that is made in an editor’s note following 23
the section affected. 24
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2023. Section 4 of this Act shall remain effective until the taking effect of the 26
termination provision specified in Section 5 of Chapter 470 of the Acts of the General 27
Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 28
abrogated and of no further force and effect. Section 5 of this Act shall remain effective 29
until the taking effect of the termination provision specified in Section 6 of Chapters 153 30
and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 31
effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 32
may not be interpreted to have any effect on those termination provisions. 33 HOUSE BILL 962 99