Maryland 2023 Regular Session

Maryland House Bill HB962 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0962
9	6
10	7		HOUSE BILL 962
11	8		J2 3lr1854
12	9		HB 1252/22 – HGO
13	10		By: Delegate Alston
14	11		Introduced and read first time: February 10, 2023
15	12		Assigned to: Health and Government Operations
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 7, 2023
19		-
20		-	CHAPTER ______
	13	+
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Physicians and Allied Health Professions – Reorganization and Revisions 2
25	19
26	20		FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
27	21		and reorganizing certain provisions of law governing the State Board of Physicians 4
28	22		and the regulation of physicians, physician assistants, and allied health 5
29	23		professionals; authorizing the Board to regulate the allied health committees; 6
30	24		repealing the requirement that the Board provide a certain data sheet; and generally 7
31	25		relating to the State Board of Physicians and the regulation of physicians, physician 8
32	26		assistants, and allied health professionals. 9
33	27
34	28		BY repealing 10
35	29		Article – Health Occupations 11
36	30		Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 12
37	31		14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 13
38	32		14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14
39	33		14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–02 15
40	34		through 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 16
41	35		14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 14–5D–09, 14–5D–12, 17
42	36		14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14–5D–16.1, 14–5E–02 18
43	37		through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14–5E–19, 19
44	38		14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 20
45	39		14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 21
46	40		14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 22
47	41		15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 15–315, 15–316, 23
48		-	and 15–316.1 24 2 HOUSE BILL 962
49		-
50		-
51		-	Annotated Code of Maryland 1
52		-	(2021 Replacement Volume and 2022 Supplement) 2
53		-
54		-	BY renumbering 3
55		-	Article – Health Occupations 4
56		-	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 5
57		-	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 6
58		-	14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 7
59		-	14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 8
60		-	14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 9
61		-	15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 10
62		-	15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 11
63		-	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 12
64		-	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 13
65		-	14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 14
66		-	14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 15
67		-	14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 16
68		-	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 17
69		-	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 18
70		-	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 19
71		-	respectively 20
72		-	Annotated Code of Maryland 21
73		-	(2021 Replacement Volume and 2022 Supplement) 22
74		-
75		-	BY repealing and reenacting, with amendments, 23
76		-	Article – Correctional Services 24
77		-	Section 9–603(d)(2) 25
78		-	Annotated Code of Maryland 26
79		-	(2017 Replacement Volume and 2022 Supplement) 27
80		-
81		-	BY repealing and reenacting, with amendments, 28
82		-	Article – Courts and Judicial Proceedings 29
83		-	Section 5–106(r), 5–715(d), and 10–205(b) 30
84		-	Annotated Code of Maryland 31
85		-	(2020 Replacement Volume and 2022 Supplement) 32
86		-
87		-	BY repealing and reenacting, without amendments, 33
88		-	Article – Health – General 34
89		-	Section 4–201(a), 5–601(a), and 13–3301(a) 35
90		-	Annotated Code of Maryland 36
91		-	(2019 Replacement Volume and 2022 Supplement) 37
92		-
93		-	BY repealing and reenacting, with amendments, 38
94		-	Article – Health – General 39
95		-	Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 40
96		-	Annotated Code of Maryland 41
97		-	(2019 Replacement Volume and 2022 Supplement) 42 HOUSE BILL 962 3
98		-
99		-
100		-
101		-	BY repealing and reenacting, with amendments, 1
102		-	Article – Health Occupations 2
103		-	Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 3
104		-	14–101(a–1), (g), (i), and (o), 14–102(a), 14–205, 14–207(b) through (d) and (f), 4
105		-	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 5
106		-	(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 6
107		-	(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 7
108		-	14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 8
109		-	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 9
110		-	14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 10
111		-	14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 11
112		-	14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 12
113		-	14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 13
114		-	Annotated Code of Maryland 14
115		-	(2021 Replacement Volume and 2022 Supplement) 15
116		-
117		-	BY repealing and reenacting, without amendments, 16
118		-	Article – Health Occupations 17
119		-	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 18
120		-	Annotated Code of Maryland 19
121		-	(2021 Replacement Volume and 2022 Supplement) 20
122		-
123		-	BY adding to 21
124		-	Article – Health Occupations 22
125		-	Section 14–101(a–2), (n), and (p–1), 14–404, 14–417, 14–504, 14–514, 14–516, 23
126		-	14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 24
127		-	14–5F–07(g) 25
128		-	Annotated Code of Maryland 26
129		-	(2021 Replacement Volume and 2022 Supplement) 27
130		-
131		-	BY repealing and reenacting, with amendments, 28
132		-	Article – Health Occupations 29
133		-	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 30
134		-	14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 31
135		-	14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 32
136		-	14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 33
137		-	14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), (d), 34
138		-	and (e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and 35
139		-	(m), 14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 36
140		-	14–5H–16(a), and 14–5H–21 through 14–5H–23 37
141		-	Annotated Code of Maryland 38
142		-	(2021 Replacement Volume and 2022 Supplement) 39
143		-	(As enacted by Section 2 of this Act) 40
144		-
145		-	BY adding to 41
146		-	Article – Health Occupations 42 4 HOUSE BILL 962
147		-
148		-
149		-	Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 1
150		-	14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 2
151		-	Assistants” 3
152		-	Annotated Code of Maryland 4
153		-	(2021 Replacement Volume and 2022 Supplement) 5
154		-	(As enacted by Section 2 of this Act) 6
155		-
156		-	BY repealing 7
157		-	Article – Health Occupations 8
158		-	Section 14–5H–01(d) and (i–1) 9
	42	+	and 15–316.1 24
	43	+	Annotated Code of Maryland 25
	44	+	(2021 Replacement Volume and 2022 Supplement) 26
	45	+
	46	+	BY renumbering 27
	47	+	Article – Health Occupations 28 2 HOUSE BILL 962
	48	+
	49	+
	50	+	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 1
	51	+	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 2
	52	+	14–318 through 14–320, 14–322, 14–404, 14–413 through 14–415, 14–502, 3
	53	+	14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14–602, 4
	54	+	14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15–205, 5
	55	+	15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 15–313, 6
	56	+	15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 7
	57	+	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 8
	58	+	14–302, 14–303, 14–506, 14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 9
	59	+	14–307, 14–509 through 14–511, 14–512, 14–515, 14–517 through 14–519, 10
	60	+	14–414, 14–513, 14–526, 14–525, 14–415, 14–523, 14–520, 14–522, 14–527, 11
	61	+	14–528, 14–413, 14–521, 14–524, 14–5H–01 through 14–5H–03, 14–5H–04, 12
	62	+	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 13
	63	+	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 14
	64	+	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 15
	65	+	respectively 16
	66	+	Annotated Code of Maryland 17
	67	+	(2021 Replacement Volume and 2022 Supplement) 18
	68	+
	69	+	BY repealing and reenacting, with amendments, 19
	70	+	Article – Correctional Services 20
	71	+	Section 9–603(d)(2) 21
	72	+	Annotated Code of Maryland 22
	73	+	(2017 Replacement Volume and 2022 Supplement) 23
	74	+
	75	+	BY repealing and reenacting, with amendments, 24
	76	+	Article – Courts and Judicial Proceedings 25
	77	+	Section 5–106(r), 5–715(d), and 10–205(b) 26
	78	+	Annotated Code of Maryland 27
	79	+	(2020 Replacement Volume and 2022 Supplement) 28
	80	+
	81	+	BY repealing and reenacting, without amendments, 29
	82	+	Article – Health – General 30
	83	+	Section 4–201(a), 5–601(a), and 13–3301(a) 31
	84	+	Annotated Code of Maryland 32
	85	+	(2019 Replacement Volume and 2022 Supplement) 33
	86	+
	87	+	BY repealing and reenacting, with amendments, 34
	88	+	Article – Health – General 35
	89	+	Section 4–201(s), 5–601(v), 13–3301(d), and 18–214.1(b) 36
	90	+	Annotated Code of Maryland 37
	91	+	(2019 Replacement Volume and 2022 Supplement) 38
	92	+
	93	+	BY repealing and reenacting, with amendments, 39
	94	+	Article – Health Occupations 40
	95	+	Section 1–302(g), 1–306(e), 8–205(a)(3), 11–404.2(h), 12–102(c)(2), 41
	96	+	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
	97	+
	98	+
	99	+	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5) and (e) through (k), 14–402(a), (c), 1
	100	+	(e), and (f), 14–405(a) and (g), 14–406, 14–409(a) and (c), 14–411(d), (g), (h), 2
	101	+	(j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 14–5A–01(c), 14–5A–05, 3
	102	+	14–5A–09, 14–5A–17(a), 14–5B–07(a)(2), 14–5B–09, 14–5B–11, 14–5B–14(a), 4
	103	+	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 5
	104	+	14–5D–07(b), 14–5D–08, 14–5D–10(a), 14–5D–14(a), 14–5E–01(g), 6
	105	+	14–5E–08(b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 7
	106	+	14–5F–11, 14–5F–12, 14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 8
	107	+	14–5F–24(c), 14–5G–09, 14–5G–14(h), 14–5G–17, and 14–5G–18(a) 9
159	108		Annotated Code of Maryland 10
160	109		(2021 Replacement Volume and 2022 Supplement) 11
161		-	(As enacted by Section 2 of this Act) 12
162		-
163		-	BY repealing and reenacting, without amendments, 13
	110	+
	111	+	BY repealing and reenacting, without amendments, 12
	112	+	Article – Health Occupations 13
	113	+	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 14
	114	+	Annotated Code of Maryland 15
	115	+	(2021 Replacement Volume and 2022 Supplement) 16
	116	+
	117	+	BY adding to 17
	118	+	Article – Health Occupations 18
	119	+	Section 14–101(a–2), (n), and (p–1), 14–404, 14–417, 14–504, 14–514, 14–516, 19
	120	+	14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), and 20
	121	+	14–5F–07(g) 21
	122	+	Annotated Code of Maryland 22
	123	+	(2021 Replacement Volume and 2022 Supplement) 23
	124	+
	125	+	BY repealing and reenacting, with amendments, 24
	126	+	Article – Health Occupations 25
	127	+	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 26
	128	+	14–413; 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 14–511(b), 27
	129	+	14–515(a), 14–517(a)(1), 14–518(a)(1), 14–524(b) and (c), 14–527, and 28
	130	+	14–528(c) to be under the amended subtitle “Subtitle 5. Physicians”; and 29
	131	+	14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), (d), 30
	132	+	and (e)(1), 14–5H–06(a), 14–5H–07(c), 14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and 31
	133	+	(m), 14–5H–09(a) and (b), 14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 32
	134	+	14–5H–16(a), and 14–5H–21 through 14–5H–23 33
	135	+	Annotated Code of Maryland 34
	136	+	(2021 Replacement Volume and 2022 Supplement) 35
	137	+	(As enacted by Section 2 of this Act) 36
	138	+
	139	+	BY adding to 37
	140	+	Article – Health Occupations 38
	141	+	Section 14–513(c) and (d), 14–521(c), 14–524(b), 14–525(d), and 14–528(d); and 39
	142	+	14–5H–16(c) through (e) to be under the new subtitle “Subtitle 5H. Physician 40
	143	+	Assistants” 41
	144	+	Annotated Code of Maryland 42
	145	+	(2021 Replacement Volume and 2022 Supplement) 43 4 HOUSE BILL 962
	146	+
	147	+
	148	+	(As enacted by Section 2 of this Act) 1
	149	+
	150	+	BY repealing 2
	151	+	Article – Health Occupations 3
	152	+	Section 14–5H–01(d) and (i–1) 4
	153	+	Annotated Code of Maryland 5
	154	+	(2021 Replacement Volume and 2022 Supplement) 6
	155	+	(As enacted by Section 2 of this Act) 7
	156	+
	157	+	BY repealing and reenacting, without amendments, 8
	158	+	Article – Transportation 9
	159	+	Section 13–616(a)(1) 10
	160	+	Annotated Code of Maryland 11
	161	+	(2020 Replacement Volume and 2022 Supplement) 12
	162	+
	163	+	BY repealing and reenacting, with amendments, 13
164	164		Article – Transportation 14
165		-	Section 13–616(a)(1) 15
	165	+	Section 13–616(a)(7) 15
166	166		Annotated Code of Maryland 16
167	167		(2020 Replacement Volume and 2022 Supplement) 17
168	168
169		-	BY repealing and reenacting, ~~with~~ amendments, 18
170		-	Article – ~~Transportation~~ 19
171		-	Section 13–~~616~~(a)(7) 20
	169	+	BY repealing and reenacting, without amendments, 18
	170	+	Article – Tax – General 19
	171	+	Section 10–752(a)(1) 20
172	172		Annotated Code of Maryland 21
173		-	(~~2020~~ Replacement Volume ~~and 2022 Supplement~~) 22
174		-
175		-	BY repealing and reenacting, ~~without~~ amendments, 23
	173	+	(2022 Replacement Volume) 22
	174	+
	175	+	BY repealing and reenacting, with amendments, 23
176	176		Article – Tax – General 24
177		-	Section 10–752(a)(1) 25
	177	+	Section 10–752(a)(3) and (d)(7) 25
178	178		Annotated Code of Maryland 26
179	179		(2022 Replacement Volume) 27
180	180
181		-	BY ~~repealing and reenacting,~~ ~~with amendments~~, 28
182		-	~~Article~~ – ~~Tax~~ – ~~General~~ 29
183		-	~~Section~~ 10–~~752(a)(3) and (d)(7)~~ 30
184		-	~~Annotated Code of Maryland~~ 31
185		-	~~(2022~~ ~~Replacement Volume)~~ 32
186		-
187		-	~~SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND~~, 33
188		-	~~That Section(s)~~ 14–~~101(n)~~, 14–~~401.1(b) through (d), 14–405(f), 14–5A~~–02 through 34
189		-	14–5A–04, 14–5A–10, 14–~~5A–11, 14–5A~~–13, 14–5A–14, 14–5A–16, 14–5A–~~17.1~~, 35
190		-	~~14–5A–18.1, 14–5A–19, 14–5B–02~~ through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–~~12.1~~, 36
191		-	14–5B–13, 14–5B–~~14.1~~, 14–~~5B–15.1~~, 14–~~5B–16~~, 14–~~5C–02 through 14–5C–04~~, 14–~~5C–11~~, 37
192		-	14–~~5C–12~~, 14–5C–14, 14–5C–14.1~~, 14~~–~~5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 38~~
193		-	~~14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12~~.~~1, 14–5D–13, 14–5D–15, 14–5D–16, 39~~
194		-	~~14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 40~~
195		-	~~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 41 HOUSE BILL 962 5~~
196		-
197		-
198		-	~~through~~ 14–~~5G–04~~, 14–~~5G–10~~, 14–~~5G–11~~, 14–~~5G–13~~, 14–~~5G–15~~, 14–~~5G–16~~, 14–5G–19, 1
199		-	14–~~5G–21~~, 14–~~5G–22~~, 15–~~203~~, 15–~~204~~, 15–~~206~~, 15–~~304~~, 15–~~305~~, 15–~~307~~, 2
200		-	15–~~308, 15–310~~ through 15–~~312~~, 15–~~315~~, 15–~~316~~, ~~and 15~~–~~316.1 of Article~~ – ~~Health 3~~
201		-	~~Occupations of the Annotated Code of Maryland be repealed.~~ 4
202		-
203		-	~~SECTION 2. AND BE IT FURTHER ENACTED~~, ~~That Section(s) 14~~ –~~206~~, 14–~~206~~.1, 5
204		-	14–~~301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 6~~
205		-	14–~~313~~.1, 14–~~314~~, 14–~~315~~, 14–~~316~~, 14–~~317~~, 14–~~318 through 14–320~~, 14–~~322~~, 14–~~404~~, 7
206		-	~~14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506,~~ 14–507, 14–508, 8
207		-	14–~~509~~, 14–~~601~~, 14–~~602~~, 14–~~603~~, 14–~~605~~, 14–~~607~~, 15–~~101 through 15–103~~, 15–~~201~~, 9
208		-	15–~~202~~, 15–~~205~~, 15–~~301~~, 15–~~302~~, 15–~~302.1 through 15–302.3~~, 15–~~303~~, 15–~~306~~, 15–~~309~~, 10
209		-	15–~~313~~, 15–~~314~~, 15–~~317~~, 15–~~401~~, 15–~~402~~, 15–~~402.1~~, ~~15–403, 15–501, and 15–502 of Article 11~~
210		-	– ~~Health Occupations of the Annotated Code of Maryland be renumbered to be Section(s) 12~~
211		-	14–~~401.2~~, 14–~~401.3~~, 14–~~501~~, 14–~~502~~, 14–~~503~~, 14–~~301~~, 14–~~505~~, ~~14–302, 14–303, 14–506, 13~~
212		-	~~14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 14–509 through 14–511, 14~~
213		-	~~14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 14–525, 14–415, 15~~
214		-	~~14–523~~, ~~14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 16~~
215		-	~~14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 17~~
216		-	~~14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 18~~
217		-	14–~~5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23,~~ 19
218		-	~~respectively. 20~~
219		-
220		-	~~SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21~~
221		-	~~as follows:~~ 22
222		-
223		-	~~Article – Correctional Services~~ 23
224		-
225		-	~~9–603. 24~~
226		-
227		-	~~(d) (2) If an assessment conducted under paragraph (1) of this subsection 25~~
228		-	~~indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health~~ 26
229		-	~~care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 27~~
230		-	~~Title 15~~] of the Health ~~Occupations Article. 28~~
231		-
232		-	~~Article – Courts and Judicial Proceedings~~ 29
233		-
234		-	5–~~106~~. 30
235		-
236		-	(r) ~~A prosecution~~ for ~~an offense under [§ 14–601] § 14–527~~ of the ~~Health~~ 31
237		-	~~Occupations Article~~ of ~~practicing, attempting to practice, or offering to practice medicine~~ 32
238		-	~~without a license shall be instituted within 3 years after the offense was committed~~. 33
239		-
240		-	5–~~715~~. 34
241		-
242		-	(d) ~~Any person who acts in good faith is not civilly liable for giving any of the~~ 35
243		-	~~information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518~~ of the ~~Health~~ 36
244		-	~~Occupations Article. 37 6 HOUSE BILL 962~~
245		-
246		-
247		-
248		-	~~10–205. 1~~
249		-
250		-	~~(b) Records~~, ~~reports, statements,~~ ~~notes, or information assembled or obtained by 2~~
251		-	~~the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 3~~
252		-	~~Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 4~~
253		-	~~Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 5~~
254		-	~~national organized medical society or research group that are declared confidential by § 6~~
255		-	~~4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 7~~
256		-	~~Article, are not admissible~~ in ~~evidence in any proceeding~~. 8
257		-
258		-	~~Article – Health – General~~ 9
259		-
260		-	~~4–201~~. 10
261		-
262		-	~~(a) In this subtitle the following words have the meanings indicated~~. 11
263		-
264		-	(s) ~~“Physician assistant”~~ ~~means an individual who is licensed under Title [15] 14, 12~~
265		-	~~SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 13~~
266		-	~~supervision.~~ 14
267		-
268		-	~~5–601~~. 15
269		-
270		-	~~(a) In this subtitle the following words have the meanings indicated~~. 16
271		-
272		-	(v) ~~“Physician assistant”~~ ~~means an individual who is licensed under Title [15] 14, 17~~
273		-	~~SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 18~~
274		-	~~supervision.~~ 19
275		-
276		-	~~13–3301~~. 20
277		-
278		-	~~(a) In this subtitle the following words have the meanings indicated. 21~~
279		-
280		-	~~(d) “Certifying~~ ~~provider” means an individual who:~~ 22
281		-
282		-	(~~1) (i~~) 1. Has an active, unrestricted license to practice ~~medicine 23~~
283		-	that was issued by the State Board of ~~Physicians~~ under Title 14 of the Health ~~Occupations 24~~
284		-	Article; and 25
285		-
286		-	2. Is in good standing with the State Board of ~~Physicians; 26~~
287		-
288		-	~~(ii) 1. Has an active, unrestricted license to practice dentistry 27~~
289		-	~~that was issued by the State Board of Dental Examiners under Title 4 of the Health 28~~
290		-	~~Occupations Article;~~ ~~and 29~~
291		-
292		-	~~2. Is in good standing with the State Board of Dental 30~~
293		-	~~Examiners; 31 HOUSE BILL 962 7~~
294		-
295		-
296		-
297		-	~~(iii) 1. Has an active, unrestricted license to practice podiatry 1~~
298		-	~~that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 2~~
299		-	~~Health Occupations Article;~~ and 3
300		-
301		-	2. ~~Is in good standing with the State Board of Podiatric 4~~
302		-	~~Medical Examiners; 5~~
303		-
304		-	~~(iv) 1. Has an active, unrestricted license to practice registered 6~~
305		-	~~nursing and~~ has an active, unrestricted ~~certification~~ to practice as a ~~nurse practitioner or 7~~
306		-	~~a nurse midwife that were~~ issued by the State Board of ~~Nursing~~ under Title ~~8 of the Health 8~~
307		-	Occupations Article; ~~and 9~~
308		-
309		-	2. ~~Is in good standing~~ with ~~the State Board of Nursing; or 10~~
310		-
311		-	~~(v) 1. Has an active, unrestricted license to practice as a 11~~
312		-	~~physician assistant issued by~~ the State Board of Physicians ~~under Title [15] 14, SUBTITLE 12~~
313		-	~~5H of the Health Occupations Article; 13~~
314		-
315		-	~~2. Has an active delegation agreement with a primary 14~~
316		-	~~supervising physician who~~ is ~~a certifying provider;~~ ~~and~~ 15
317		-
318		-	~~3. Is in good standing with the State Board of Physicians; 16~~
319		-
320		-	~~(2) Has a State controlled dangerous substances registration; and 17~~
321		-
322		-	~~(3) Is registered with the Commission~~ to ~~make cannabis available to 18~~
323		-	~~patients for medical use in accordance~~ with ~~regulations adopted by the Commission.~~ 19
324		-
325		-	~~18–214.1. 20~~
326		-
327		-	~~(b) Notwithstanding any other provision of law, the following health care 21~~
328		-	~~providers may prescribe,~~ ~~dispense, or otherwise provide antibiotic therapy to any sexual 22~~
329		-	~~partner~~ of ~~a patient diagnosed~~ with ~~chlamydia, gonorrhea,~~ ~~or trichomoniasis without 23~~
330		-	~~making a personal physical assessment~~ of the ~~patient’s partner:~~ 24
331		-
332		-	(1) A physician licensed under Title 14 ~~of the Health Occupations Article; 25~~
333		-
334		-	~~(2) An advanced practice registered nurse with prescriptive authority 26~~
335		-	~~licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 27~~
336		-	~~of the~~ Health ~~Occupations Article;~~ 28
337		-
338		-	~~(3) An authorized physician assistant licensed under Title [15] 14, 29~~
339		-	~~SUBTITLE 5H~~ of ~~the Health Occupations Article acting in accordance with [§ 15–302.2] § 30~~
340		-	~~14–5H–10 of the Health Occupations~~ Article; and 31
	181	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
	182	+	That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 29
	183	+	14–5A–04, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 30
	184	+	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
	185	+	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
	186	+	14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 33
	187	+	14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 34
	188	+	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
	189	+	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
	190	+	through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 37
	191	+	14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 38
	192	+	15–308, 15–310 through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health 39
	193	+	Occupations of the Annotated Code of Maryland be repealed. 40
	194	+	HOUSE BILL 962 5
	195	+
	196	+
	197	+	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 1
	198	+	14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 2
	199	+	14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–322, 14–404, 3
	200	+	14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 4
	201	+	14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 5
	202	+	15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 6
	203	+	15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 of Article 7
	204	+	– Health Occupations of the Annotated Code of Maryland be renumbered to be Section(s) 8
	205	+	14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 14–506, 9
	206	+	14–507, 14–304, 14–529, 14–305, 14–508, 14–306, 14–307, 14–509 through 14–511, 10
	207	+	14–512, 14–515, 14–517 through 14–519, 14–414, 14–513, 14–526, 14–525, 14–415, 11
	208	+	14–523, 14–520, 14–522, 14–527, 14–528, 14–413, 14–521, 14–524, 12
	209	+	14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 13
	210	+	14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14
	211	+	14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 15
	212	+	respectively. 16
	213	+
	214	+	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
	215	+	as follows: 18
	216	+
	217	+	Article – Correctional Services 19
	218	+
	219	+	9–603. 20
	220	+
	221	+	(d) (2) If an assessment conducted under paragraph (1) of this subsection 21
	222	+	indicates opioid use disorder, an evaluation of the inmate shall be conducted by a health 22
	223	+	care practitioner with prescriptive authority authorized under Title 8[,] OR Title 14[, or 23
	224	+	Title 15] of the Health Occupations Article. 24
	225	+
	226	+	Article – Courts and Judicial Proceedings 25
	227	+
	228	+	5–106. 26
	229	+
	230	+	(r) A prosecution for an offense under [§ 14–601] § 14–527 of the Health 27
	231	+	Occupations Article of practicing, attempting to practice, or offering to practice medicine 28
	232	+	without a license shall be instituted within 3 years after the offense was committed. 29
	233	+
	234	+	5–715. 30
	235	+
	236	+	(d) Any person who acts in good faith is not civilly liable for giving any of the 31
	237	+	information required under [§ 14–413 or § 14–414] § 14–517 OR § 14–518 of the Health 32
	238	+	Occupations Article. 33
	239	+
	240	+	10–205. 34
	241	+
	242	+	(b) Records, reports, statements, notes, or information assembled or obtained by 35
	243	+	the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 36 6 HOUSE BILL 962
	244	+
	245	+
	246	+	Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 1
	247	+	Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 2
	248	+	national organized medical society or research group that are declared confidential by § 3
	249	+	4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 4
	250	+	Article, are not admissible in evidence in any proceeding. 5
	251	+
	252	+	Article – Health – General 6
	253	+
	254	+	4–201. 7
	255	+
	256	+	(a) In this subtitle the following words have the meanings indicated. 8
	257	+
	258	+	(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 9
	259	+	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 10
	260	+	supervision. 11
	261	+
	262	+	5–601. 12
	263	+
	264	+	(a) In this subtitle the following words have the meanings indicated. 13
	265	+
	266	+	(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 14
	267	+	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 15
	268	+	supervision. 16
	269	+
	270	+	13–3301. 17
	271	+
	272	+	(a) In this subtitle the following words have the meanings indicated. 18
	273	+
	274	+	(d) “Certifying provider” means an individual who: 19
	275	+
	276	+	(1) (i) 1. Has an active, unrestricted license to practice medicine 20
	277	+	that was issued by the State Board of Physicians under Title 14 of the Health Occupations 21
	278	+	Article; and 22
	279	+
	280	+	2. Is in good standing with the State Board of Physicians; 23
	281	+
	282	+	(ii) 1. Has an active, unrestricted license to practice dentistry 24
	283	+	that was issued by the State Board of Dental Examiners under Title 4 of the Health 25
	284	+	Occupations Article; and 26
	285	+
	286	+	2. Is in good standing with the State Board of Dental 27
	287	+	Examiners; 28
	288	+
	289	+	(iii) 1. Has an active, unrestricted license to practice podiatry 29
	290	+	that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the 30
	291	+	Health Occupations Article; and 31
	292	+	HOUSE BILL 962 7
	293	+
	294	+
	295	+	2. Is in good standing with the State Board of Podiatric 1
	296	+	Medical Examiners; 2
	297	+
	298	+	(iv) 1. Has an active, unrestricted license to practice registered 3
	299	+	nursing and has an active, unrestricted certification to practice as a nurse practitioner or 4
	300	+	a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health 5
	301	+	Occupations Article; and 6
	302	+
	303	+	2. Is in good standing with the State Board of Nursing; or 7
	304	+
	305	+	(v) 1. Has an active, unrestricted license to practice as a 8
	306	+	physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 9
	307	+	5H of the Health Occupations Article; 10
	308	+
	309	+	2. Has an active delegation agreement with a primary 11
	310	+	supervising physician who is a certifying provider; and 12
	311	+
	312	+	3. Is in good standing with the State Board of Physicians; 13
	313	+
	314	+	(2) Has a State controlled dangerous substances registration; and 14
	315	+
	316	+	(3) Is registered with the Commission to make cannabis available to 15
	317	+	patients for medical use in accordance with regulations adopted by the Commission. 16
	318	+
	319	+	18–214.1. 17
	320	+
	321	+	(b) Notwithstanding any other provision of law, the following health care 18
	322	+	providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 19
	323	+	partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 20
	324	+	making a personal physical assessment of the patient’s partner: 21
	325	+
	326	+	(1) A physician licensed under Title 14 of the Health Occupations Article; 22
	327	+
	328	+	(2) An advanced practice registered nurse with prescriptive authority 23
	329	+	licensed under Title 8 of the Health Occupations Article acting in accordance with § 8–508 24
	330	+	of the Health Occupations Article; 25
	331	+
	332	+	(3) An authorized physician assistant licensed under Title [15] 14, 26
	333	+	SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 27
	334	+	14–5H–10 of the Health Occupations Article; and 28
	335	+
	336	+	(4) A registered nurse employed by a local health department who complies 29
	337	+	with: 30
	338	+
	339	+	(i) The formulary developed and approved under § 3–403(b) of this 31
	340	+	article; and 32
341	341		8 HOUSE BILL 962
342	342
343	343
344		-	(4) ~~A registered nurse employed by a local~~ health ~~department who complies~~ 1
345		-	~~with:~~ 2
346		-
347		-	~~(i) The formulary developed and approved under § 3–403(b) of this~~ 3
348		-	~~article; and 4~~
349		-
350		-	~~(ii) The requirements established under § 8–512 of the Health 5~~
351		-	~~Occupations Article.~~ 6
352		-
353		-	~~Article – Health Occupations 7~~
354		-
355		-	~~1–302.~~ 8
356		-
357		-	~~(g) Subsection (d)(12) of this section may not be construed to: 9~~
358		-
359		-	~~(1) Permit an individual or entity~~ to ~~engage in~~ the insurance ~~business, as 10~~
360		-	~~defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 11~~
361		-	~~the Maryland Insurance Commissioner and satisfying all other applicable requirements of 12~~
362		-	the ~~Insurance Article;~~ 13
363		-
364		-	~~(2) (i) Impose additional obligations on a carrier providing 14~~
365		-	~~incentive–based compensation to~~ a health care ~~practitioner under § 15–113 of the Insurance~~ 15
366		-	~~Article;~~ or 16
367		-
368		-	~~(ii) Require the disclosure of information regarding the 17~~
369		-	~~incentive–based compensation, except as required under § 15–113 of the Insurance Article; 18~~
370		-
371		-	~~(3) Authorize a health care entity to knowingly make a direct or indirect 19~~
372		-	~~payment to~~ a ~~health care practitioner as an inducement to reduce~~ or ~~limit medically~~ 20
373		-	~~necessary services to individuals who are under the direct care of the health care 21~~
374		-	~~practitioner; 22~~
375		-
376		-	~~(4) Permit an arrangement that violates: 23~~
377		-
378		-	~~(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 24~~
379		-
380		-	~~(ii) § 8–508, § 8–511, § 8–512, § 8–516,~~ or ~~§ 8–517 of the Criminal~~ 25
381		-	~~Law Article; 26~~
382		-
383		-	~~(5) Narrow,~~ ~~expand,~~ or ~~otherwise modify:~~ 27
384		-
385		-	(i) ~~Any definition in § 1–301~~ of ~~this subtitle, including the definition~~ 28
386		-	of ~~“in–office ancillary services”; or~~ 29
387		-
388		-	~~(ii) Any exception in subsection (d)(4) of this section including the 30~~
389		-	~~exception for referrals for in~~–~~office ancillary services or tests; or~~ 31
	344	+	(ii) The requirements established under § 8–512 of the Health 1
	345	+	Occupations Article. 2
	346	+
	347	+	Article – Health Occupations 3
	348	+
	349	+	1–302. 4
	350	+
	351	+	(g) Subsection (d)(12) of this section may not be construed to: 5
	352	+
	353	+	(1) Permit an individual or entity to engage in the insurance business, as 6
	354	+	defined in § 1–101 of the Insurance Article, without obtaining a certificate of authority from 7
	355	+	the Maryland Insurance Commissioner and satisfying all other applicable requirements of 8
	356	+	the Insurance Article; 9
	357	+
	358	+	(2) (i) Impose additional obligations on a carrier providing 10
	359	+	incentive–based compensation to a health care practitioner under § 15–113 of the Insurance 11
	360	+	Article; or 12
	361	+
	362	+	(ii) Require the disclosure of information regarding the 13
	363	+	incentive–based compensation, except as required under § 15–113 of the Insurance Article; 14
	364	+
	365	+	(3) Authorize a health care entity to knowingly make a direct or indirect 15
	366	+	payment to a health care practitioner as an inducement to reduce or limit medically 16
	367	+	necessary services to individuals who are under the direct care of the health care 17
	368	+	practitioner; 18
	369	+
	370	+	(4) Permit an arrangement that violates: 19
	371	+
	372	+	(i) [§ 14–404(a)(15)] § 14–515(A)(15) of this article; or 20
	373	+
	374	+	(ii) § 8–508, § 8–511, § 8–512, § 8–516, or § 8–517 of the Criminal 21
	375	+	Law Article; 22
	376	+
	377	+	(5) Narrow, expand, or otherwise modify: 23
	378	+
	379	+	(i) Any definition in § 1–301 of this subtitle, including the definition 24
	380	+	of “in–office ancillary services”; or 25
	381	+
	382	+	(ii) Any exception in subsection (d)(4) of this section including the 26
	383	+	exception for referrals for in–office ancillary services or tests; or 27
	384	+
	385	+	(6) Require a compensation arrangement to comply with the provisions of 28
	386	+	subsection (d)(12) of this section if the compensation arrangement is exempt under any 29
	387	+	other provision of subsection (d) of this section. 30
	388	+
	389	+	1–306. 31
390	390		HOUSE BILL 962 9
391	391
392	392
393		-	(6) Require a compensation arrangement to comply with the provisions of 1
394		-	subsection (d)(12) of this section if the compensation arrangement is exempt under any 2
395		-	other provision of subsection (d) of this section. 3
396		-
397		-	1–306. 4
398		-
399		-	(e) This section does not prohibit: 5
400		-
401		-	(1) A referring laboratory from billing for anatomic pathology services or 6
402		-	histologic processing if the referring laboratory must send a specimen to another clinical 7
403		-	laboratory for histologic processing or anatomic pathology consultation; and 8
404		-
405		-	(2) A health care practitioner who takes a Pap test specimen from a patient 9
406		-	and who orders but does not supervise or perform an anatomic pathology service on the 10
407		-	specimen, from billing a patient or payor for the service, provided the health care 11
408		-	practitioner complies with: 12
409		-
410		-	(i) The disclosure requirements of [§ 14–404(a)(16)] § 13
411		-	14–515(A)(16) of this article; and 14
412		-
413		-	(ii) The ethics policies of the American Medical Association that 15
414		-	relate to referring physician billing for laboratory services. 16
415		-
416		-	8–205. 17
417		-
418		-	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 18
419		-	has the following powers and duties: 19
420		-
421		-	(3) To adopt rules and regulations for the performance of delegated medical 20
422		-	functions that are recognized jointly by the State Board of Physicians and the State Board 21
423		-	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 22
424		-
425		-	11–404.2. 23
426		-
427		-	(h) A therapeutically certified optometrist shall be: 24
428		-
429		-	(1) Held to the same standard of care as an ophthalmologist who is licensed 25
430		-	under Title 14 of this article and who is providing similar services; and 26
431		-
432		-	(2) Required to comply with the notice requirement under [§ 14–508] § 27
433		-	14–520 of this article. 28
434		-
435		-	12–102. 29
436		-
437		-	(c) (2) This title does not prohibit: 30
438		-
439		-	(i) A licensed veterinarian from: 31 10 HOUSE BILL 962
440		-
441		-
442		-
443		-	1. Personally preparing and dispensing the veterinarian’s 1
444		-	prescriptions; or 2
445		-
446		-	2. Dispensing, in accordance with § 2 –313(c) of the 3
447		-	Agriculture Article, compounded nonsterile preparations or compounded sterile 4
448		-	preparations provided by a pharmacy; 5
449		-
450		-	(ii) A licensed dentist, physician, or podiatrist from personally 6
451		-	preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 7
452		-
453		-	1. The dentist, physician, or podiatrist: 8
454		-
455		-	A. Has applied to the board of licensure in this State which 9
456		-	licensed the dentist, physician, or podiatrist; 10
457		-
458		-	B. Has demonstrated to the satisfaction of that board that the 11
459		-	dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 12
460		-	public interest; 13
461		-
462		-	C. Has received a written permit from that board to dispense 14
463		-	prescription drugs or devices except that a written permit is not required in order to 15
464		-	dispense starter dosages or samples without charge; and 16
465		-
466		-	D. Posts a sign conspicuously positioned and readable 17
467		-	regarding the process for resolving incorrectly filled prescriptions or includes written 18
468		-	information regarding the process with each prescription dispensed; 19
469		-
470		-	2. The person for whom the drugs or devices are prescribed 20
471		-	is a patient of the prescribing dentist, physician, or podiatrist; 21
472		-
473		-	3. The dentist, physician, or podiatrist does not have a 22
474		-	substantial financial interest in a pharmacy; and 23
475		-
476		-	4. The dentist, physician, or podiatrist: 24
477		-
478		-	A. Complies with the dispensing and labeling requirements 25
479		-	of this title; 26
480		-
481		-	B. Records the dispensing of the prescription drug or device 27
482		-	on the patient’s chart; 28
483		-
484		-	C. Allows the Office of Controlled Substances Administration 29
485		-	to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 30
486		-	and in accordance with § 12–102.1 of this subtitle; 31
	393	+	(e) This section does not prohibit: 1
	394	+
	395	+	(1) A referring laboratory from billing for anatomic pathology services or 2
	396	+	histologic processing if the referring laboratory must send a specimen to another clinical 3
	397	+	laboratory for histologic processing or anatomic pathology consultation; and 4
	398	+
	399	+	(2) A health care practitioner who takes a Pap test specimen from a patient 5
	400	+	and who orders but does not supervise or perform an anatomic pathology service on the 6
	401	+	specimen, from billing a patient or payor for the service, provided the health care 7
	402	+	practitioner complies with: 8
	403	+
	404	+	(i) The disclosure requirements of [§ 14–404(a)(16)] § 9
	405	+	14–515(A)(16) of this article; and 10
	406	+
	407	+	(ii) The ethics policies of the American Medical Association that 11
	408	+	relate to referring physician billing for laboratory services. 12
	409	+
	410	+	8–205. 13
	411	+
	412	+	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 14
	413	+	has the following powers and duties: 15
	414	+
	415	+	(3) To adopt rules and regulations for the performance of delegated medical 16
	416	+	functions that are recognized jointly by the State Board of Physicians and the State Board 17
	417	+	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 18
	418	+
	419	+	11–404.2. 19
	420	+
	421	+	(h) A therapeutically certified optometrist shall be: 20
	422	+
	423	+	(1) Held to the same standard of care as an ophthalmologist who is licensed 21
	424	+	under Title 14 of this article and who is providing similar services; and 22
	425	+
	426	+	(2) Required to comply with the notice requirement under [§ 14–508] § 23
	427	+	14–520 of this article. 24
	428	+
	429	+	12–102. 25
	430	+
	431	+	(c) (2) This title does not prohibit: 26
	432	+
	433	+	(i) A licensed veterinarian from: 27
	434	+
	435	+	1. Personally preparing and dispensing the veterinarian’s 28
	436	+	prescriptions; or 29
	437	+	10 HOUSE BILL 962
	438	+
	439	+
	440	+	2. Dispensing, in accordance with § 2 –313(c) of the 1
	441	+	Agriculture Article, compounded nonsterile preparations or compounded sterile 2
	442	+	preparations provided by a pharmacy; 3
	443	+
	444	+	(ii) A licensed dentist, physician, or podiatrist from personally 4
	445	+	preparing and dispensing the dentist’s, physician’s, or podiatrist’s prescriptions when: 5
	446	+
	447	+	1. The dentist, physician, or podiatrist: 6
	448	+
	449	+	A. Has applied to the board of licensure in this State which 7
	450	+	licensed the dentist, physician, or podiatrist; 8
	451	+
	452	+	B. Has demonstrated to the satisfaction of that board that the 9
	453	+	dispensing of prescription drugs or devices by the dentist, physician, or podiatrist is in the 10
	454	+	public interest; 11
	455	+
	456	+	C. Has received a written permit from that board to dispense 12
	457	+	prescription drugs or devices except that a written permit is not required in order to 13
	458	+	dispense starter dosages or samples without charge; and 14
	459	+
	460	+	D. Posts a sign conspicuously positioned and readable 15
	461	+	regarding the process for resolving incorrectly filled prescriptions or includes written 16
	462	+	information regarding the process with each prescription dispensed; 17
	463	+
	464	+	2. The person for whom the drugs or devices are prescribed 18
	465	+	is a patient of the prescribing dentist, physician, or podiatrist; 19
	466	+
	467	+	3. The dentist, physician, or podiatrist does not have a 20
	468	+	substantial financial interest in a pharmacy; and 21
	469	+
	470	+	4. The dentist, physician, or podiatrist: 22
	471	+
	472	+	A. Complies with the dispensing and labeling requirements 23
	473	+	of this title; 24
	474	+
	475	+	B. Records the dispensing of the prescription drug or device 25
	476	+	on the patient’s chart; 26
	477	+
	478	+	C. Allows the Office of Controlled Substances Administration 27
	479	+	to enter and inspect the dentist’s, physician’s, or podiatrist’s office at all reasonable hours 28
	480	+	and in accordance with § 12–102.1 of this subtitle; 29
	481	+
	482	+	D. On inspection by the Office of Controlled Substances 30
	483	+	Administration, signs and dates an acknowledgment form provided by the Office of 31
	484	+	Controlled Substances Administration relating to the requirements of this section; 32
487	485		HOUSE BILL 962 11
488	486
489	487
490		-	D. ~~On inspection by the Office of Controlled Substances~~ 1
491		-	~~Administration, signs and dates an acknowledgment form provided by~~ the ~~Office of~~ 2
492		-	~~Controlled Substances Administration relating to the requirements~~ of this ~~section~~; 3
493		-
494		-	E. ~~Except for starter dosages~~ or ~~samples without charge,~~ 4
495		-	~~provides the patient with a written prescription, maintains prescription files~~ in accordance 5
496		-	~~with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 6~~
497		-
498		-	~~F. Does not direct patients to a single~~ pharmacist or 7
499		-	~~pharmacy in accordance with § 12–403(c)(8) of this title; 8~~
500		-
501		-	G. ~~Does not receive remuneration for referring patients to a~~ 9
502		-	~~pharmacist or pharmacy; 10~~
503		-
504		-	~~H. Complies with the child resistant packaging requirements 11~~
505		-	~~regarding prescription drugs under Title 22,~~ ~~Subtitle 3 of the Health – General Article; 12~~
506		-
507		-	~~I. Complies with drug recalls~~; 13
508		-
509		-	J. ~~Maintains biennial inventories and complies with any~~ 14
510		-	~~other federal and State record–keeping requirements relating to controlled dangerous~~ 15
511		-	~~substances~~; 16
512		-
513		-	K. ~~Purchases prescription drugs from a pharmacy or~~ 17
514		-	~~wholesale distributor who holds a permit issued by~~ the ~~Board of Pharmacy~~, ~~as verified by~~ 18
515		-	the ~~Board of Pharmacy;~~ 19
516		-
517		-	L. ~~Annually reports to the respective board of licensure~~ 20
518		-	~~whether~~ the ~~dentist, physician, or podiatrist has personally prepared~~ and ~~dispensed~~ 21
519		-	~~prescription drugs within~~ the ~~previous year; and~~ 22
520		-
521		-	~~M. Completes ten continuing education credits over a 5–year 23~~
522		-	~~period relating to the preparing and~~ dispensing ~~of prescription drugs, offered by the~~ 24
523		-	~~Accreditation Council for Pharmacy Education~~ (~~ACPE~~) or ~~as approved by the Secretary, in~~ 25
524		-	~~consultation with each respective board~~ of ~~licensure, as a condition of permit renewal;~~ 26
525		-
526		-	(~~iii~~) ~~A licensed physician from dispensing a topical medication~~ 27
527		-	~~without obtaining the permit required under item (ii)1C of this paragraph or completing 28~~
528		-	~~the continuing education required~~ under ~~item (ii)4M of this paragraph when the physician: 29~~
529		-
530		-	~~1. Otherwise complies with item (ii) of this paragraph; and 30~~
531		-
532		-	2. ~~Has obtained~~ a ~~special~~ written ~~permit under [§ 14–509] §~~ 31
533		-	~~14–522 of this article; 32~~
534		-
535		-	~~(iv) A licensed physician who~~ complies with ~~the requirements~~ of ~~item~~ 33
536		-	~~(ii) of this paragraph from personally preparing and dispensing a prescription written by: 34~~ 12 HOUSE BILL 962
537		-
538		-
539		-
540		-	1. A physician ~~assistant~~ in ~~accordance with a delegation 1~~
541		-	~~agreement that complies with Title [15] 14, Subtitle [3] 5H of this article;~~ or 2
542		-
543		-	2. A ~~nurse practitioner who is authorized~~ to ~~practice under 3~~
544		-	~~Title 8,~~ ~~Subtitle 3 of this article and is working with the physician in the same office setting; 4~~
545		-	~~or 5~~
546		-
547		-	~~(v) A hospital–based clinic from dispensing prescriptions to its 6~~
548		-	~~patients~~. 7
549		-
550		-	14–~~101.~~ 8
551		-
552		-	~~(a) In this title the following words have the meanings indicated. 9~~
553		-
554		-	(a~~–1) “~~Allied ~~health~~ professional~~” means an individual licensed by the Board under 10~~
555		-	~~Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 11~~
556		-
557		-	~~(A–2) “APPLICANT” MEANS~~ AN ~~INDIVIDUAL APPLYING FOR INITIAL 12~~
558		-	~~LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE~~. 13
559		-
560		-	(g) “~~License~~” means~~, unless~~ the ~~context requires otherwise,~~ a license ~~issued by the 14~~
561		-	~~Board to practice~~ medicine OR ~~AN ALLIED HEALTH PROFESSION REGULATED BY THE 15~~
562		-	~~BOARD~~. 16
563		-
564		-	(i) “~~Licensee~~” means an individual ~~to whom THE BOARD ISSUES a license [~~is 17
565		-	~~issued], including an individual practicing~~ medicine ~~within or as a professional corporation 18~~
566		-	~~or professional association~~. 19
567		-
568		-	(N) “~~PHYSICIAN ASSISTANT~~ ” MEANS ~~AN INDIVIDUAL WHO IS LICENSED 20~~
569		-	~~UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 21~~
570		-	~~SUPERVISION. 22~~
571		-
572		-	~~(o) (1) “Practice medicine” means to engage, with or without compensation, in 23~~
573		-	~~medical:~~ 24
574		-
575		-	(i) ~~Diagnosis~~; 25
576		-
577		-	(ii) ~~Healing;~~ 26
578		-
579		-	(~~iii~~) ~~Treatment; or~~ 27
580		-
581		-	~~(iv) Surgery. 28~~
582		-
583		-	~~(2) “Practice medicine” includes doing~~, ~~undertaking~~, ~~professing to do,~~ ~~and 29~~
584		-	~~attempting any of the following: 30~~ HOUSE BILL 962 13
585		-
586		-
587		-
588		-	~~(i) Diagnosing~~, ~~healing, treating, preventing, prescribing for~~, or 1
589		-	~~removing any physical, mental, or emotional ailment or supposed ailment of an individual: 2~~
590		-
591		-	~~1. By physical, mental, emotional, or other process that is 3~~
592		-	~~exercised or invoked by the practitioner,~~ ~~the patient, or both~~; or 4
593		-
594		-	~~2. By appliance,~~ ~~test, drug,~~ ~~operation, or treatment;~~ 5
595		-
596		-	~~(ii) Ending of a human pregnancy; and 6~~
597		-
598		-	~~(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 7~~
599		-	~~of this title.~~ 8
600		-
601		-	(3) ~~“Practice medicine”~~ ~~does not include:~~ 9
602		-
603		-	(i) ~~Selling any nonprescription drug~~ or ~~medicine;~~ 10
604		-
605		-	~~(ii) Practicing as an optician; or 11~~
606		-
607		-	~~(iii) Performing a massage~~ or ~~other manipulation by hand,~~ ~~but by no 12~~
608		-	~~other means.~~ 13
609		-
610		-	~~(P–1) “REHABILITATION~~ ~~PROGRAM” MEANS THE PROGRAM OF~~ THE BOARD 14
611		-	OR ~~THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 15~~
612		-	~~14–401~~.~~1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 16~~
613		-	~~IMPAIRED PHYSICIANS AND OTHER HEALTH PROFESSIONALS REGULATED BY THE 17~~
614		-	~~BOARD WHO ARE DIRECTE D BY THE BOARD TO RECEIVE TREA TMENT AND 18~~
615		-	~~REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 19~~
616		-	~~PHYSICAL, EMOTIONAL,~~ ~~OR MENTAL CONDITIONS .~~ 20
617		-
618		-	~~14–102.~~ 21
619		-
620		-	~~(a) This title does not limit the right of: 22~~
621		-
622		-	~~(1) An individual to practice a health occupation that the individual is 23~~
623		-	~~authorized to practice under this article; [or] 24~~
624		-
625		-	~~(2) A~~ Christian Science ~~practitioner,~~ ~~who is accredited by the First Church 25~~
626		-	~~of Christ, Scientist, in Boston, Massachusetts, from: 26~~
627		-
628		-	~~(i) Dealing with human ills in accordance with the tenets of 27~~
629		-	~~Christian Science;~~ ~~and~~ 28
630		-
631		-	~~(ii) Charging for services[.]~~; 29
	488	+	E. Except for starter dosages or samples without charge, 1
	489	+	provides the patient with a written prescription, maintains prescription files in accordance 2
	490	+	with § 12–403(c)(13) of this title, and maintains a separate file for Schedule II prescriptions; 3
	491	+
	492	+	F. Does not direct patients to a single pharmacist or 4
	493	+	pharmacy in accordance with § 12–403(c)(8) of this title; 5
	494	+
	495	+	G. Does not receive remuneration for referring patients to a 6
	496	+	pharmacist or pharmacy; 7
	497	+
	498	+	H. Complies with the child resistant packaging requirements 8
	499	+	regarding prescription drugs under Title 22, Subtitle 3 of the Health – General Article; 9
	500	+
	501	+	I. Complies with drug recalls; 10
	502	+
	503	+	J. Maintains biennial inventories and complies with any 11
	504	+	other federal and State record–keeping requirements relating to controlled dangerous 12
	505	+	substances; 13
	506	+
	507	+	K. Purchases prescription drugs from a pharmacy or 14
	508	+	wholesale distributor who holds a permit issued by the Board of Pharmacy, as verified by 15
	509	+	the Board of Pharmacy; 16
	510	+
	511	+	L. Annually reports to the respective board of licensure 17
	512	+	whether the dentist, physician, or podiatrist has personally prepared and dispensed 18
	513	+	prescription drugs within the previous year; and 19
	514	+
	515	+	M. Completes ten continuing education credits over a 5–year 20
	516	+	period relating to the preparing and dispensing of prescription drugs, offered by the 21
	517	+	Accreditation Council for Pharmacy Education (ACPE) or as approved by the Secretary, in 22
	518	+	consultation with each respective board of licensure, as a condition of permit renewal; 23
	519	+
	520	+	(iii) A licensed physician from dispensing a topical medication 24
	521	+	without obtaining the permit required under item (ii)1C of this paragraph or completing 25
	522	+	the continuing education required under item (ii)4M of this paragraph when the physician: 26
	523	+
	524	+	1. Otherwise complies with item (ii) of this paragraph; and 27
	525	+
	526	+	2. Has obtained a special written permit under [§ 14–509] § 28
	527	+	14–522 of this article; 29
	528	+
	529	+	(iv) A licensed physician who complies with the requirements of item 30
	530	+	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 31
	531	+
	532	+	1. A physician assistant in accordance with a delegation 32
	533	+	agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 33
	534	+	12 HOUSE BILL 962
	535	+
	536	+
	537	+	2. A nurse practitioner who is authorized to practice under 1
	538	+	Title 8, Subtitle 3 of this article and is working with the physician in the same office setting; 2
	539	+	or 3
	540	+
	541	+	(v) A hospital–based clinic from dispensing prescriptions to its 4
	542	+	patients. 5
	543	+
	544	+	14–101. 6
	545	+
	546	+	(a) In this title the following words have the meanings indicated. 7
	547	+
	548	+	(a–1) “Allied health professional” means an individual licensed by the Board under 8
	549	+	Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 9
	550	+
	551	+	(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 10
	552	+	LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 11
	553	+
	554	+	(g) “License” means, unless the context requires otherwise, a license issued by the 12
	555	+	Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 13
	556	+	BOARD. 14
	557	+
	558	+	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 15
	559	+	issued], including an individual practicing medicine within or as a professional corporation 16
	560	+	or professional association. 17
	561	+
	562	+	(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 18
	563	+	UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 19
	564	+	SUPERVISION. 20
	565	+
	566	+	(o) (1) “Practice medicine” means to engage, with or without compensation, in 21
	567	+	medical: 22
	568	+
	569	+	(i) Diagnosis; 23
	570	+
	571	+	(ii) Healing; 24
	572	+
	573	+	(iii) Treatment; or 25
	574	+
	575	+	(iv) Surgery. 26
	576	+
	577	+	(2) “Practice medicine” includes doing, undertaking, professing to do, and 27
	578	+	attempting any of the following: 28
	579	+
	580	+	(i) Diagnosing, healing, treating, preventing, prescribing for, or 29
	581	+	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 30
	582	+	HOUSE BILL 962 13
	583	+
	584	+
	585	+	1. By physical, mental, emotional, or other process that is 1
	586	+	exercised or invoked by the practitioner, the patient, or both; or 2
	587	+
	588	+	2. By appliance, test, drug, operation, or treatment; 3
	589	+
	590	+	(ii) Ending of a human pregnancy; and 4
	591	+
	592	+	(iii) Performing acupuncture as provided under [§ 14–504] § 14–526 5
	593	+	of this title. 6
	594	+
	595	+	(3) “Practice medicine” does not include: 7
	596	+
	597	+	(i) Selling any nonprescription drug or medicine; 8
	598	+
	599	+	(ii) Practicing as an optician; or 9
	600	+
	601	+	(iii) Performing a massage or other manipulation by hand, but by no 10
	602	+	other means. 11
	603	+
	604	+	(P–1) “REHABILITATION PROGRAM” MEANS THE PROGRA M OF THE BOARD 12
	605	+	OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 13
	606	+	14–401.1(D) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 14
	607	+	IMPAIRED PHYSICIANS AND OTHER HEALTH PRO FESSIONALS REGULATED BY THE 15
	608	+	BOARD WHO ARE DIRECTE D BY THE BOARD TO RE CEIVE TREATMENT AND 16
	609	+	REHABILITATION FOR A LCOHOLISM, CHEMICAL DEPENDENCY , OR OTHER 17
	610	+	PHYSICAL, EMOTIONAL, OR MENTAL CONDITIONS . 18
	611	+
	612	+	14–102. 19
	613	+
	614	+	(a) This title does not limit the right of: 20
	615	+
	616	+	(1) An individual to practice a health occupation that the individual is 21
	617	+	authorized to practice under this article; [or] 22
	618	+
	619	+	(2) A Christian Science practitioner, who is accredited by the First Church 23
	620	+	of Christ, Scientist, in Boston, Massachusetts, from: 24
	621	+
	622	+	(i) Dealing with human ills in accordance with the tenets of 25
	623	+	Christian Science; and 26
	624	+
	625	+	(ii) Charging for services[.]; 27
	626	+
	627	+	(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 28
	628	+	HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 29
	629	+	OF THE HEALTH – GENERAL ARTICLE; OR 30
632	630		14 HOUSE BILL 962
633	631
634	632
635		-	(3) A LICENSED HOME MEDICA L EQUIPMENT PROVIDER TO PROVIDE 1
636		-	HOME MEDICAL EQUIPME NT SERVICES AS DEFIN ED UNDER TITLE 19, SUBTITLE 4A 2
637		-	OF THE HEALTH – GENERAL ARTICLE; OR 3
638		-
639		-	(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 4
640		-	RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 5
641		-	PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 6
642		-	LABORATORY . 7
643		-
644		-	14–205. 8
645		-
646		-	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 9
647		-	this article], the Board shall: 10
648		-
649		-	(1) Enforce this title [and Title 15 of this article]; 11
650		-
651		-	(2) Adopt regulations to carry out the provisions of this title [and Title 15 12
652		-	of this article]; 13
653		-
654		-	(3) Establish policies for Board operations; 14
655		-
656		-	(4) Maintain the rules, regulations, and policies of the Board so that the 15
657		-	rules, regulations, and policies reflect the current practices of the Board; 16
658		-
659		-	(5) Oversee: 17
660		-
661		-	(i) The licensing requirements for physicians and the allied health 18
662		-	professionals; and 19
663		-
664		-	(ii) The issuance and renewal of licenses; 20
665		-
666		-	(6) Maintain secure and complete records; 21
667		-
668		-	(7) Review and preliminarily investigate complaints, including 22
669		-	acknowledging receipt of complaints and informing complainants of the final disposition of 23
670		-	complaints; 24
671		-
672		-	(8) Develop and implement methods to: 25
673		-
674		-	(i) Assess and improve licensee practices; and 26
675		-
676		-	(ii) Ensure the ongoing competence of licensees; 27
677		-
678		-	(9) Ensure that an opportunity for a hearing is provided to an individual, 28
679		-	in accordance with law, before any action is taken against the individual; 29
680		-	HOUSE BILL 962 15
681		-
682		-
683		-	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 1
684		-
685		-	(11) Report on all disciplinary actions, license denials, and license 2
686		-	surrenders; 3
687		-
688		-	(12) Establish appropriate fees that are adequate to fund the effective 4
689		-	regulation of physicians and allied health professionals; 5
690		-
691		-	(13) Make recommendations that benefit the health, safety, and welfare of 6
692		-	the public; 7
693		-
694		-	(14) Provide ongoing education and training for Board members to ensure 8
695		-	that the Board members can competently discharge their duties; 9
696		-
697		-	(15) Direct educational outreach to and communicate with licensees and the 10
698		-	public; 11
699		-
700		-	(16) Develop and adopt a budget that reflects revenues and supports the 12
701		-	costs associated with each allied health profession regulated by the Board; 13
702		-
703		-	(17) Develop and approve an annual report and other required reports for 14
704		-	submission to the Secretary, the Governor, the General Assembly, and the public; 15
705		-
706		-	(18) Approve contracts as needed and within budgetary limits; 16
707		-
708		-	(19) Appoint standing and ad hoc committees from among Board members 17
709		-	as necessary; 18
710		-
711		-	(20) Delegate to the executive director of the Board the authority to 19
712		-	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 20
713		-	Board or disciplinary panel, and hold the executive director accountable to the Board; and 21
714		-
715		-	(21) Appoint members of the disciplinary panels. 22
716		-
717		-	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 23
718		-	may: 24
719		-
720		-	(i) Adopt regulations to regulate the performance of acupuncture, 25
721		-	but only to the extent authorized by [§ 14–504] § 14–526 of this title; 26
722		-
723		-	(ii) After consulting with the State Board of Pharmacy, adopt rules 27
724		-	and regulations regarding the dispensing of prescription drugs by a licensed physician; 28
725		-
726		-	(iii) On receipt of a written and signed complaint, including a referral 29
727		-	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 30
728		-	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 31
729		-	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 32 16 HOUSE BILL 962
730		-
731		-
732		-	center, to determine compliance at that office with the Centers for Disease Control and 1
733		-	Prevention’s guidelines on universal precautions; and 2
734		-
735		-	(iv) Contract with others for the purchase of administrative and 3
736		-	examination services to carry out the provisions of this title. 4
737		-
738		-	(2) The Board or a disciplinary panel may investigate an alleged violation 5
	633	+	(4) A LICENSED RESPIRATORY CARE PRACTITIONER TO PRACTICE 1
	634	+	RESPIRATORY CARE WIT HIN THE SCOPE OF PRA CTICE OF THE RESPIRA TORY CARE 2
	635	+	PRACTITIONER ’S LICENSE, INCLUDING PRACTICING RESPIRATORY CARE IN A SLEEP 3
	636	+	LABORATORY . 4
	637	+
	638	+	14–205. 5
	639	+
	640	+	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 6
	641	+	this article], the Board shall: 7
	642	+
	643	+	(1) Enforce this title [and Title 15 of this article]; 8
	644	+
	645	+	(2) Adopt regulations to carry out the provisions of this title [and Title 15 9
	646	+	of this article]; 10
	647	+
	648	+	(3) Establish policies for Board operations; 11
	649	+
	650	+	(4) Maintain the rules, regulations, and policies of the Board so that the 12
	651	+	rules, regulations, and policies reflect the current practices of the Board; 13
	652	+
	653	+	(5) Oversee: 14
	654	+
	655	+	(i) The licensing requirements for physicians and the allied health 15
	656	+	professionals; and 16
	657	+
	658	+	(ii) The issuance and renewal of licenses; 17
	659	+
	660	+	(6) Maintain secure and complete records; 18
	661	+
	662	+	(7) Review and preliminarily investigate complaints, including 19
	663	+	acknowledging receipt of complaints and informing complainants of the final disposition of 20
	664	+	complaints; 21
	665	+
	666	+	(8) Develop and implement methods to: 22
	667	+
	668	+	(i) Assess and improve licensee practices; and 23
	669	+
	670	+	(ii) Ensure the ongoing competence of licensees; 24
	671	+
	672	+	(9) Ensure that an opportunity for a hearing is provided to an individual, 25
	673	+	in accordance with law, before any action is taken against the individual; 26
	674	+
	675	+	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 27
	676	+
	677	+	(11) Report on all disciplinary actions, license denials, and license 28
	678	+	surrenders; 29 HOUSE BILL 962 15
	679	+
	680	+
	681	+
	682	+	(12) Establish appropriate fees that are adequate to fund the effective 1
	683	+	regulation of physicians and allied health professionals; 2
	684	+
	685	+	(13) Make recommendations that benefit the health, safety, and welfare of 3
	686	+	the public; 4
	687	+
	688	+	(14) Provide ongoing education and training for Board members to ensure 5
	689	+	that the Board members can competently discharge their duties; 6
	690	+
	691	+	(15) Direct educational outreach to and communicate with licensees and the 7
	692	+	public; 8
	693	+
	694	+	(16) Develop and adopt a budget that reflects revenues and supports the 9
	695	+	costs associated with each allied health profession regulated by the Board; 10
	696	+
	697	+	(17) Develop and approve an annual report and other required reports for 11
	698	+	submission to the Secretary, the Governor, the General Assembly, and the public; 12
	699	+
	700	+	(18) Approve contracts as needed and within budgetary limits; 13
	701	+
	702	+	(19) Appoint standing and ad hoc committees from among Board members 14
	703	+	as necessary; 15
	704	+
	705	+	(20) Delegate to the executive director of the Board the authority to 16
	706	+	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 17
	707	+	Board or disciplinary panel, and hold the executive director accountable to the Board; and 18
	708	+
	709	+	(21) Appoint members of the disciplinary panels. 19
	710	+
	711	+	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 20
	712	+	may: 21
	713	+
	714	+	(i) Adopt regulations to regulate the performance of acupuncture, 22
	715	+	but only to the extent authorized by [§ 14–504] § 14–526 of this title; 23
	716	+
	717	+	(ii) After consulting with the State Board of Pharmacy, adopt rules 24
	718	+	and regulations regarding the dispensing of prescription drugs by a licensed physician; 25
	719	+
	720	+	(iii) On receipt of a written and signed complaint, including a referral 26
	721	+	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 27
	722	+	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 28
	723	+	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 29
	724	+	center, to determine compliance at that office with the Centers for Disease Control and 30
	725	+	Prevention’s guidelines on universal precautions; and 31
	726	+	16 HOUSE BILL 962
	727	+
	728	+
	729	+	(iv) Contract with others for the purchase of administrative and 1
	730	+	examination services to carry out the provisions of this title. 2
	731	+
	732	+	(2) The Board or a disciplinary panel may investigate an alleged violation 3
	733	+	of this title. 4
	734	+
	735	+	[(3) Subject to the Administrative Procedure Act and the hearing provisions 5
	736	+	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 6
	737	+	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 7
	738	+	applicant’s license for: 8
	739	+
	740	+	(i) Any of the reasons that are grounds for action under § 14–404, § 9
	741	+	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 10
	742	+	as applicable; or 11
	743	+
	744	+	(ii) Failure to complete a criminal history records check in 12
	745	+	accordance with § 14–308.1 of this title.] 13
	746	+
	747	+	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 14
	748	+	shall: 15
	749	+
	750	+	(i) Issue, for use in other jurisdictions, a certificate of professional 16
	751	+	standing to any [licensed physician] LICENSEE; and 17
	752	+
	753	+	(ii) Keep a list of all PENDING license applicants. 18
	754	+
	755	+	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 19
	756	+	are currently licensed. 20
	757	+
	758	+	(ii) The list shall include each [physician’s] LICENSEE’S designated 21
	759	+	public address. 22
	760	+
	761	+	(iii) A [physician’s] LICENSEE’S designated public address may be a 23
	762	+	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 24
	763	+	under paragraph (3) of this subsection, that is not a post office box. 25
	764	+
	765	+	(iv) Each list prepared under this paragraph shall be kept as a 26
	766	+	permanent record of the Board. 27
	767	+
	768	+	(v) The list of [currently licensed physicians] CURRENT 28
	769	+	LICENSEES is a public record. 29
	770	+
	771	+	(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 30
	772	+	designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 31
	773	+	communication between the [physician] LICENSEE and the Board. 32
	774	+	HOUSE BILL 962 17
	775	+
	776	+
	777	+	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 1
	778	+	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 2
	779	+	at the time of initial licensure and license renewal. 3
	780	+
	781	+	(iii) A [physician] LICENSEE shall designate an address where the 4
	782	+	Board may send the [physician] LICENSEE mail. 5
	783	+
	784	+	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 6
	785	+	a public record and may not be released by the Board. 7
	786	+
	787	+	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 8
	788	+
	789	+	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 9
	790	+	ESTABLISHED UNDER TH IS TITLE GOVERNING : 10
	791	+
	792	+	(1) THE TERM OF OFFICE FO R MEMBERS; 11
	793	+
	794	+	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 12
	795	+
	796	+	(3) THE REMOVAL OF MEMBER S; AND 13
	797	+
	798	+	(4) THE DUTIES OF EACH OF FICER. 14
	799	+
	800	+	14–207. 15
	801	+
	802	+	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 16
	803	+	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 17
	804	+	HEALTH PROFESSIONALS . 18
	805	+
	806	+	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 19
	807	+	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 20
	808	+	UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 21
	809	+	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 22
	810	+	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 23
	811	+	14–401.1(D) of this title. 24
	812	+
	813	+	(3) Funds to cover the compensation and expenses of the Board members 25
	814	+	shall be generated by fees set under this section. 26
	815	+
	816	+	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 27
	817	+	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSING PROGRAM 28
	818	+	AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 29
	819	+	18 HOUSE BILL 962
	820	+
	821	+
	822	+	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 1
	823	+	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 2
	824	+	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 3
	825	+	TITLE. 4
	826	+
	827	+	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 5
	828	+	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 6
	829	+	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 7
	830	+
	831	+	(II) THE BOARD SHALL PAY TH E FEE COLLECTED UNDE R 8
	832	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSISTANT 9
	833	+	PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 10
	834	+	GENERAL ARTICLE. 11
	835	+
	836	+	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 12
	837	+	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 13
	838	+	of the State. 14
	839	+
	840	+	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 15
	841	+	include in the State budget at least $400,000 for the operation of the Maryland Loan 16
	842	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 17
	843	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 18
	844	+	Comptroller shall distribute: 19
	845	+
	846	+	(i) $400,000 of the fees received from the Board to the Department 20
	847	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 21
	848	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 22
	849	+	Article to physicians and physician assistants engaged in primary care or to medical 23
	850	+	residents specializing in primary care who agree to practice for at least 2 years as primary 24
	851	+	care physicians in a geographic area of the State that has been designated by the Secretary 25
	852	+	as being medically underserved; and 26
	853	+
	854	+	(ii) The balance of the fees to the Board of Physicians Fund. 27
	855	+
	856	+	(2) In fiscal year 2022, if the Governor does not include in the State budget 28
	857	+	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 29
	858	+	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 30
	859	+	Article, as administered by the Department, the Comptroller shall distribute: 31
	860	+
	861	+	(i) $1,000,000 of the fees received from the Board to the Department 32
	862	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
	863	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34
	864	+	Article to physicians and physician assistants engaged in primary care or to medical 35
	865	+	residents specializing in primary care who agree to practice for at least 2 years as primary 36
	866	+	care physicians in a geographic area of the State that has been designated by the Secretary 37
	867	+	as being medically underserved; and 38 HOUSE BILL 962 19
	868	+
	869	+
	870	+
	871	+	(ii) The balance of the fees to the Board of Physicians Fund. 1
	872	+
	873	+	(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 2
	874	+	does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – 3
	875	+	General Article and the Governor does not include in the State budget at least $400,000 for 4
	876	+	the operation of the Maryland Loan Assistance Repayment Program for Physicians and 5
	877	+	Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 6
	878	+	administered by the Department, the Comptroller shall distribute: 7
	879	+
	880	+	(i) $400,000 of the fees received from the Board to the Department 8
	881	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 9
	882	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 10
	883	+	Article to physicians and physician assistants engaged in primary care or to medical 11
	884	+	residents specializing in primary care who agree to practice for at least 2 years as primary 12
	885	+	care physicians in a geographic area of the State that has been designated by the Secretary 13
	886	+	as being medically underserved; and 14
	887	+
	888	+	(ii) The balance of the fees to the Board of Physicians Fund. 15
	889	+
	890	+	[(4)] (2) If the Governor includes in the State budget at least the amount 16
	891	+	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 17
	892	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 18
	893	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 19
	894	+	Comptroller shall distribute the fees to the Board of Physicians Fund. 20
	895	+
	896	+	(f) (1) In addition to the requirements of subsection (e) of this section, the 21
	897	+	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 22
	898	+	collected, and distributed to the Fund under this title. 23
	899	+
	900	+	(2) After review and approval by the Board of a budget submitted by the 24
	901	+	[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 25
	902	+	[Physician] Rehabilitation Program. 26
	903	+
	904	+	14–301. 27
	905	+
	906	+	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 28
	907	+	qualify for a license, an applicant shall be an individual who meets the requirements of this 29
	908	+	section. 30
	909	+
	910	+	(b) The applicant shall be of good moral character. 31
	911	+
	912	+	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 32
	913	+	shall be at least 18 years old. 33
	914	+
	915	+	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 34 20 HOUSE BILL 962
	916	+
	917	+
	918	+
	919	+	(1) (i) Have a degree of doctor of medicine from a medical school that is 1
	920	+	accredited by an accrediting organization that the Board recognizes in its regulations; and 2
	921	+
	922	+	(ii) Submit evidence acceptable to the Board of successful completion 3
	923	+	of 1 year of training in a postgraduate medical training program that is accredited by an 4
	924	+	accrediting organization that the Board recognizes in its regulations; or 5
	925	+
	926	+	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 6
	927	+	in the United States, its territories or possessions, Puerto Rico, or Canada that has 7
	928	+	standards for graduation equivalent to those established by the American Osteopathic 8
	929	+	Association; and 9
	930	+
	931	+	(ii) Submit evidence acceptable to the Board of successful completion 10
	932	+	of 1 year of training in a postgraduate medical training program accredited by an 11
	933	+	accrediting organization that the Board recognizes in its regulations.] 12
	934	+
	935	+	(D) THE APPLICANT SHALL C OMPLETE A CR IMINAL HISTORY RECOR DS 13
	936	+	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 14
	937	+
	938	+	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 15
	939	+	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 16
	940	+	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 17
	941	+
	942	+	(f) The applicant shall meet any other qualifications that the Board establishes 18
	943	+	in its regulations for license applicants. 19
	944	+
	945	+	[(g) An otherwise qualified applicant who passes the examination after having 20
	946	+	failed the examination or any part of the examination 3 or more times may qualify for a 21
	947	+	license only if the applicant: 22
	948	+
	949	+	(1) Has successfully completed 2 or more years of a residency or fellowship 23
	950	+	accredited by the Accreditation Council on Graduate Medical Education or the American 24
	951	+	Osteopathic Association; 25
	952	+
	953	+	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 26
	954	+
	955	+	1. In the United States or in Canada; 27
	956	+
	957	+	2. With at least 3 of the 5 years having occurred within 5 28
	958	+	years of the date of the application; and 29
	959	+
	960	+	3. That occurred under a full unrestricted license to practice 30
	961	+	medicine; and 31
	962	+	HOUSE BILL 962 21
	963	+
	964	+
	965	+	(ii) Has no disciplinary action pending and has had no disciplinary 1
	966	+	action taken against the applicant that would be grounds for discipline under § 14–404 of 2
	967	+	this title; or 3
	968	+
	969	+	(3) Is board certified.] 4
	970	+
	971	+	[(h)] (G) (1) The Board shall require as part of its examination or licensing 5
	972	+	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 6
	973	+	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 7
	974	+
	975	+	(2) Graduation from a recognized English–speaking undergraduate 8
	976	+	school or high school, including General Education Development (GED), after at least 3 9
	977	+	years of enrollment, or from a recognized English–speaking professional school is 10
	978	+	acceptable as proof of proficiency in the oral communication of the English language under 11
	979	+	this section. 12
	980	+
	981	+	(3) By regulation, the Board shall develop a procedure for testing 13
	982	+	individuals who because of their speech impairment are unable to complete satisfactorily a 14
	983	+	Board approved standardized test of oral competency. 15
	984	+
	985	+	(4) If any disciplinary charges or action that involves a problem with 16
	986	+	the oral communication of the English language are brought against a licensee under this 17
	987	+	title, the Board shall require the licensee to take and pass a Board approved standardized 18
	988	+	test of oral competency. 19
	989	+
	990	+	[(i) The applicant shall complete a criminal history records check in accordance 20
	991	+	with § 14–308.1 of this subtitle. 21
	992	+
	993	+	(j) (1) The Board shall license an applicant to practice medicine if: 22
	994	+
	995	+	(i) The applicant: 23
	996	+
	997	+	1. Became licensed or certified as a physician in another 24
	998	+	jurisdiction under requirements that the Board determines are substantially equivalent to 25
	999	+	the licensing requirements of this title; 26
	1000	+
	1001	+	2. Is in good standing under the laws of the other 27
	1002	+	jurisdiction; 28
	1003	+
	1004	+	3. Submits an application to the Board on a form that the 29
	1005	+	Board requires; and 30
	1006	+
	1007	+	4. Pays to the Board an application fee set by the Board; and 31
	1008	+
	1009	+	(ii) The jurisdiction in which the applicant is licensed or certified 32
	1010	+	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 33
	1011	+	the Board. 34 22 HOUSE BILL 962
	1012	+
	1013	+
	1014	+
	1015	+	(2) The Board shall adopt regulations to implement this subsection.] 1
	1016	+
	1017	+	14–303. 2
	1018	+
	1019	+	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 3
	1020	+
	1021	+	(1) Complete a criminal history records check in accordance with [§ 4
	1022	+	14–308.1] § 14–302 of this subtitle; 5
	1023	+
	1024	+	(2) Submit an application to the Board on the form that the Board requires; 6
	1025	+	and 7
	1026	+
	1027	+	(3) Pay to the Board the application fee set by the Board. 8
	1028	+
	1029	+	[(b) The Board may not release a list of applicants for licensure.] 9
	1030	+
	1031	+	14–304. 10
	1032	+
	1033	+	(b) (1) On receipt of the criminal history record information of an applicant for 11
	1034	+	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 12
	1035	+	in determining whether to issue a license, the Board shall consider: 13
	1036	+
	1037	+	(i) The age at which the crime was committed; 14
	1038	+
	1039	+	(ii) The nature of the crime; 15
	1040	+
	1041	+	(iii) The circumstances surrounding the crime; 16
	1042	+
	1043	+	(iv) The length of time that has passed since the crime; 17
	1044	+
	1045	+	(v) Subsequent work history; 18
	1046	+
	1047	+	(vi) Employment and character references; and 19
	1048	+
	1049	+	(vii) Other evidence that demonstrates whether the applicant poses a 20
	1050	+	threat to the public health or safety. 21
	1051	+
	1052	+	(2) The Board may not issue a license if the criminal history record 22
	1053	+	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 23
	1054	+
	1055	+	14–305. 24
	1056	+
	1057	+	(a) Except as otherwise provided in this title, a license authorizes the licensee to 25
	1058	+	practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 26
	1059	+	LICENSE ISSUED BY TH E BOARD while the license is effective. 27 HOUSE BILL 962 23
	1060	+
	1061	+
	1062	+
	1063	+	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 1
	1064	+	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 2
	1065	+
	1066	+	14–306. 3
	1067	+
	1068	+	(a) (1) The term of a license issued by the Board may not exceed 3 years. 4
	1069	+
	1070	+	(2) A license expires on a date set by the Board, unless the license is 5
	1071	+	renewed for [a] AN ADDITIONAL term as provided in this section. 6
	1072	+
	1073	+	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 7
	1074	+	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 8
	1075	+	last known electronic or physical address of the licensee[: 9
	1076	+
	1077	+	(i) A] A renewal notice that states: 10
	1078	+
	1079	+	[1.] (I) The date on which the current license expires; 11
	1080	+
	1081	+	[2.] (II) The date by which the renewal application must be 12
	1082	+	received by the Board for the renewal to be issued and mailed before the license expires; 13
	1083	+	and 14
	1084	+
	1085	+	[3.] (III) The amount of the renewal fee[; and 15
	1086	+
	1087	+	(ii) A blank panel data sheet supplied by the Health Care 16
	1088	+	Alternative Dispute Resolution Office]. 17
	1089	+
	1090	+	(2) If the Board chooses to send renewal notices exclusively by electronic 18
	1091	+	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 19
	1092	+	first–class mail to a licensee on request of the licensee. 20
	1093	+
	1094	+	(c) (1) Before the license expires, the licensee periodically may renew it for an 21
	1095	+	additional term, if the licensee: 22
	1096	+
	1097	+	(i) Otherwise is entitled to be licensed; 23
	1098	+
	1099	+	(ii) Is of good moral character; 24
	1100	+
	1101	+	(iii) Pays to the Board a renewal fee set by the Board; [and] 25
	1102	+
	1103	+	(iv) Submits to the Board: 26
	1104	+
	1105	+	1. A renewal application on the form that the Board requires; 27
	1106	+	and 28
	1107	+	24 HOUSE BILL 962
	1108	+
	1109	+
	1110	+	2. Satisfactory evidence of compliance with any continuing 1
	1111	+	education OR COMPETENCY requirements set under this section for license renewal; AND 2
	1112	+
	1113	+	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 3
	1114	+	REQUIREMENTS ESTABLI SHED BY THE BOARD. 4
	1115	+
	1116	+	(2) Within 30 days after a license renewal under Section 7 of the Interstate 5
	1117	+	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 6
	1118	+	shall submit to the Board the information required under paragraph (1)(iv) of this 7
	1119	+	subsection. 8
	1120	+
	1121	+	(d) (1) In addition to any other qualifications and requirements established by 9
	1122	+	the Board, the Board may establish continuing education OR COMPETENCY requirements 10
	1123	+	as a condition to the renewal of licenses under this section. 11
	1124	+
	1125	+	[(2) In establishing these requirements, the Board shall evaluate existing 12
	1126	+	methods, devices, and programs in use among the various medical specialties and other 13
	1127	+	recognized medical groups. 14
	1128	+
	1129	+	(3) The Board shall adopt regulations that allow a licensee seeking renewal 15
	1130	+	to receive up to 5 continuing education credits per renewal period for providing 16
	1131	+	uncompensated, voluntary medical services during each renewal period. 17
	1132	+
	1133	+	(4) The Board may not establish or enforce these requirements if they 18
	1134	+	would so reduce the number of physicians in a community as to jeopardize the availability 19
	1135	+	of adequate medical care in that community.] 20
	1136	+
	1137	+	[(5)] (2) The Board may not establish a continuing education requirement 21
	1138	+	that every licensee complete a specific course or program as a condition to the renewal of a 22
	1139	+	license under this section. 23
	1140	+
	1141	+	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 24
	1142	+	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 25
	1143	+	first offense, for the failure of a licensee to obtain the continuing medical education credits 26
	1144	+	required by the Board.] 27
	1145	+
	1146	+	(e) The Board shall renew the license of each licensee who meets the 28
	1147	+	requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 29
	1148	+	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 30
	1149	+	APPLICABLE. 31
	1150	+
	1151	+	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 32
	1152	+	change in the licensee’s name or address within 60 days after the change. 33
	1153	+
	1154	+	(2) If a licensee fails to notify the secretary of the Board within the time 34
	1155	+	required under this section, the licensee is subject to an administrative penalty of $100.] 35 HOUSE BILL 962 25
	1156	+
	1157	+
	1158	+
	1159	+	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 1
	1160	+	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 2
	1161	+
	1162	+	(i) Renewal applicants as determined by regulations adopted by the 3
	1163	+	Board; and 4
	1164	+
	1165	+	(ii) Each former licensee who files for reinstatement under [§ 14–317 5
	1166	+	of this subtitle] THIS TITLE. 6
	1167	+
	1168	+	(2) On receipt of the criminal history record information of a licensee 7
	1169	+	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 8
	1170	+	determining whether disciplinary action should be taken, based on the criminal record 9
	1171	+	information, against a licensee who renewed or reinstated a license, the Board shall 10
	1172	+	consider: 11
	1173	+
	1174	+	(i) The age at which the crime was committed; 12
	1175	+
	1176	+	(ii) The nature of the crime; 13
	1177	+
	1178	+	(iii) The circumstances surrounding the crime; 14
	1179	+
	1180	+	(iv) The length of time that has passed since the crime; 15
	1181	+
	1182	+	(v) Subsequent work history; 16
	1183	+
	1184	+	(vi) Employment and character references; and 17
	1185	+
	1186	+	(vii) Other evidence that demonstrates whether the licensee poses a 18
	1187	+	threat to the public health or safety. 19
	1188	+
	1189	+	(3) The Board may renew or reinstate a license only if the licensee or 20
	1190	+	applicant attests that the licensee or applicant has submitted to a criminal history records 21
	1191	+	check under [§ 14–308.1] § 14–302 of this subtitle. 22
	1192	+
	1193	+	14–307. 23
	1194	+
	1195	+	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 24
	1196	+	to renew the license for any reason if the [physician] INDIVIDUAL: 25
	1197	+
	1198	+	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 26
	1199	+	AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 27
	1200	+	5E, 5F, 5G, OR 5H OF THIS TITLE; 28
	1201	+
	1202	+	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 29
	1203	+	THE BOARD REQUIRES ; 30 26 HOUSE BILL 962
	1204	+
	1205	+
	1206	+
	1207	+	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 1
	1208	+
	1209	+	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 2
	1210	+	the qualifications and requirements established under this title for license reinstatements; 3
	1211	+	AND 4
	1212	+
	1213	+	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 5
	1214	+	REQUIREMENTS ESTABLI SHED BY THE BOARD. 6
	1215	+
	1216	+	14–401.1. 7
	1217	+
	1218	+	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 8
	1219	+	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 9
	1220	+	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 10
	1221	+	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 11
	1222	+	disciplinary panel. 12
	1223	+
	1224	+	(ii) If the complaint proceeds to a hearing and is referred to the other 13
	1225	+	disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 14
	1226	+	was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 15
	1227	+	may not: 16
	1228	+
	1229	+	1. Continue to handle the complaint; 17
	1230	+
	1231	+	2. Participate in any disciplinary proceedings regarding the 18
	1232	+	complaint; or 19
	1233	+
	1234	+	3. Determine the final disposition of the complaint. 20
	1235	+
	1236	+	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 21
	1237	+	enter into a written contract with an entity or individual for confidential physician peer 22
	1238	+	review of allegations based on § 14–404(a)(22) of this subtitle. 23
	1239	+
	1240	+	(2) A peer reviewer shall: 24
	1241	+
	1242	+	(i) Be board certified; 25
	1243	+
	1244	+	(ii) Have special qualifications to judge the matter at hand; 26
	1245	+
	1246	+	(iii) Have received a specified amount of medical experience and 27
	1247	+	training; 28
	1248	+
	1249	+	(iv) Have no formal actions against the peer reviewer’s own license; 29
	1250	+
	1251	+	(v) Receive training in peer review; 30 HOUSE BILL 962 27
	1252	+
	1253	+
	1254	+
	1255	+	(vi) Have a standard format for peer review reports; and 1
	1256	+
	1257	+	(vii) To the extent practicable, be licensed and engaged in the practice 2
	1258	+	of medicine in the State. 3
	1259	+
	1260	+	(3) The Board may consult with the appropriate specialty health care 4
	1261	+	provider societies in the State to obtain a list of physicians qualified to provide peer review 5
	1262	+	services. 6
	1263	+
	1264	+	(4)] For purposes of peer review, the Board may use sole source 7
	1265	+	procurement under § 13–107 of the State Finance and Procurement Article. 8
	1266	+
	1267	+	[(5)] (2) The hearing of charges may not be stayed or challenged because 9
	1268	+	of the selection of peer reviewers under this subsection before the filing of charges. 10
	1269	+
	1270	+	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 11
	1271	+	contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 12
	1272	+	90 days for completion of peer review. 13
	1273	+
	1274	+	(2) The entity or individual peer reviewer may apply to the Board for an 14
	1275	+	extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 15
	1276	+	§ 14–515(D)(1) OF THIS TITLE. 16
	1277	+
	1278	+	(3) If an extension is not granted, and 90 days have elapsed, the Board may 17
	1279	+	contract with any other entity or individual who meets the requirements of [subsection 18
	1280	+	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 19
	1281	+
	1282	+	(4) If an extension has been granted, and 120 days have elapsed, the Board 20
	1283	+	may contract with any other entity or individual who meets the requirements of [subsection 21
	1284	+	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 22
	1285	+
	1286	+	[(g)] (D) The Board shall issue a request for proposals and enter into a written 23
	1287	+	contract with a nonprofit entity to provide rehabilitation services for physicians or other 24
	1288	+	allied health professionals directed by the Board to receive rehabilitation services. 25
	1289	+
	1290	+	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 26
	1291	+	matters and the mediation of fee disputes coming before it, the Board may contract with an 27
	1292	+	entity or entities for the purchase of investigatory, mediation, and related services. 28
	1293	+
	1294	+	(2) Services that may be contracted for under this subsection include the 29
	1295	+	services of: 30
	1296	+
	1297	+	(i) Investigators; 31
	1298	+
	1299	+	(ii) Attorneys; 32 28 HOUSE BILL 962
	1300	+
	1301	+
	1302	+
	1303	+	(iii) Accountants; 1
	1304	+
	1305	+	(iv) Expert witnesses; 2
	1306	+
	1307	+	(v) Consultants; and 3
	1308	+
	1309	+	(vi) Mediators. 4
	1310	+
	1311	+	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 5
	1312	+	oaths in connection with any investigation under this section and any hearing or proceeding 6
	1313	+	before it. 7
	1314	+
	1315	+	[(j)] (G) (1) It is the intent of this section that the disposition of every 8
	1316	+	complaint against a licensee that sets forth allegations of grounds for disciplinary action 9
	1317	+	filed with the Board shall be completed as expeditiously as possible and, in any event, 10
	1318	+	within 18 months after the complaint was received by the Board. 11
	1319	+
	1320	+	(2) If a disciplinary panel is unable to complete the disposition of a 12
	1321	+	complaint within 1 year, the Board shall include in the record of that complaint a detailed 13
	1322	+	explanation of the reason for the delay. 14
	1323	+
	1324	+	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 15
	1325	+	health professional to discuss the proposed disposition of a complaint, shall provide an 16
	1326	+	opportunity to appear before the disciplinary panel to both the licensee who has been 17
	1327	+	charged and the individual who has filed the complaint against the licensee giving rise to 18
	1328	+	the charge. 19
	1329	+
	1330	+	14–401.2. 20
	1331	+
	1332	+	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 21
	1333	+	relief against an individual for: 22
	1334	+
	1335	+	(1) Practicing a profession regulated under this title [or Title 15 of this 23
	1336	+	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 24
	1337	+
	1338	+	(2) Representing to the public, by title, description of services, methods, 25
	1339	+	procedures, or otherwise, that the individual is authorized to practice: 26
	1340	+
	1341	+	(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 27
	1342	+	title; 28
	1343	+
	1344	+	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 29
	1345	+	title; 30
	1346	+	HOUSE BILL 962 29
	1347	+
	1348	+
	1349	+	(iii) Radiation therapy, radiography, nuclear medicine technology, or 1
	1350	+	radiation assistance in this State, in violation of § 14–5B–18 of this title; 2
	1351	+
	1352	+	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 3
	1353	+	title; 4
	1354	+
	1355	+	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 5
	1356	+	this title; 6
	1357	+
	1358	+	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 7
	1359	+
	1360	+	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 8
	1361	+	of this title; [or] 9
	1362	+
	1363	+	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 10
	1364	+	14–5G–24 OF THIS TITLE; OR 11
	1365	+
	1366	+	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 12
	1367	+	this article] § 14–5H–19 OF THIS TITLE; or 13
	1368	+
	1369	+	(3) Taking any action: 14
	1370	+
	1371	+	(i) For which a disciplinary panel determines there is a 15
	1372	+	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 16
	1373	+	and 17
	1374	+
	1375	+	(ii) That poses a serious risk to the health, safety, and welfare of a 18
	1376	+	patient. 19
	1377	+
	1378	+	14–402. 20
	1379	+
	1380	+	(a) In reviewing an application for licensure or in investigating an allegation 21
	1381	+	brought against a licensed physician or any allied health professional regulated by the 22
	1382	+	Board under this title, the [Physician] Rehabilitation Program may request the Board to 23
	1383	+	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 24
	1384	+	physician or any allied health professional regulated by the Board under this title to submit 25
	1385	+	to an appropriate examination. 26
	1386	+
	1387	+	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 27
	1388	+	to submit to an examination is prima facie evidence of the licensed individual’s OR 28
	1389	+	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 29
	1390	+	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 30
	1391	+	the licensed individual OR APPLICANT . 31
	1392	+
	1393	+	(e) (1) The Board or the entity or entities with which the Board contracts shall 32
	1394	+	appoint the members of the [Physician] Rehabilitation Program. 33 30 HOUSE BILL 962
	1395	+
	1396	+
	1397	+
	1398	+	(2) The chair of the Board shall appoint one member of the Board to serve 1
	1399	+	as a liaison to the [Physician] Rehabilitation Program. 2
	1400	+
	1401	+	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 3
	1402	+	Auditor as provided in § 2–1220 of the State Government Article. 4
	1403	+
	1404	+	14–404. 5
	1405	+
	1406	+	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 6
	1407	+	PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 7
	1408	+	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 8
	1409	+	APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 9
	1410	+	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 10
	1411	+	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 11
	1412	+	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 12
	1413	+
	1414	+	14–405. 13
	1415	+
	1416	+	(a) Except as otherwise provided in the Administrative Procedure Act, before the 14
	1417	+	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 15
	1418	+	or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 16
	1419	+	14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 17
	1420	+	it shall give the individual against whom the action is contemplated an opportunity for a 18
	1421	+	hearing before a hearing officer. 19
	1422	+
	1423	+	[(g)] (F) The hearing of charges may not be stayed or challenged by any 20
	1424	+	procedural defects alleged to have occurred prior to the filing of charges. 21
	1425	+
	1426	+	14–406. 22
	1427	+
	1428	+	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 23
	1429	+	panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 24
	1430	+	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 25
	1431	+	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 26
	1432	+	with the Administrative Procedure Act. 27
	1433	+
	1434	+	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 28
	1435	+	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 29
	1436	+	14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 30
	1437	+	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 31
	1438	+
	1439	+	(1) Immediately shall dismiss the charges and exonerate the licensee; 32
	1440	+	HOUSE BILL 962 31
	1441	+
	1442	+
	1443	+	(2) (i) Except as provided in item (ii) of this item, shall expunge all 1
	1444	+	records of the charges 3 years after the charges are dismissed; or 2
	1445	+
	1446	+	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 3
	1447	+	a document releasing the Board from any liability related to the charges, shall immediately 4
	1448	+	expunge all records of the charges; and 5
	1449	+
	1450	+	(3) May not take any further action on the charges. 6
	1451	+
	1452	+	14–409. 7
	1453	+
	1454	+	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 8
	1455	+	ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 9
	1456	+	PANEL, may reinstate the license of an individual whose license has been surrendered or 10
	1457	+	revoked under this title only in accordance with: 11
	1458	+
	1459	+	(i) The terms and conditions of the order of revocation or letter of 12
	1460	+	surrender; 13
	1461	+
	1462	+	(ii) An order of reinstatement issued by the disciplinary panel; or 14
	1463	+
	1464	+	(iii) A final judgment in any proceeding for review. 15
	1465	+
	1466	+	(2) If a license is surrendered or revoked for a period of more than 1 year, 16
	1467	+	the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 17
	1468	+
	1469	+	(i) Meets the requirements for reinstatement as established by the 18
	1470	+	Board; and 19
	1471	+
	1472	+	(ii) Completes a criminal history records check in accordance with [§ 20
	1473	+	14–308.1] § 14–302 of this title. 21
	1474	+
	1475	+	(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 22
	1476	+	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 23
	1477	+	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 24
	1478	+	conviction or plea subsequently is overturned at any stage of an appeal or other 25
	1479	+	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 26
	1480	+
	1481	+	14–411. 27
	1482	+
	1483	+	(d) The Board shall disclose any information contained in a record to: 28
	1484	+
	1485	+	(1) A committee of a hospital, health maintenance organization, or related 29
	1486	+	institution if: 30
	1487	+	32 HOUSE BILL 962
	1488	+
	1489	+
	1490	+	(i) The committee of a medical hospital staff concerned with 1
	1491	+	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 2
	1492	+	organization, or related institution requests the information in writing; 3
	1493	+
	1494	+	(ii) A disciplinary panel has issued an order as to a [licensed 4
	1495	+	physician] LICENSEE on whom the information is requested; and 5
	1496	+
	1497	+	(iii) The Board determines that the information requested is 6
	1498	+	necessary for an investigation or action of the committee as to a medical privilege of a 7
	1499	+	[licensed physician] LICENSEE; or 8
	1500	+
	1501	+	(2) The Secretary, the Office of Health Care Quality in the Department, 9
	1502	+	the Maryland Health Care Commission, or the Health Services Cost Review Commission 10
	1503	+	for the purpose of investigating quality or utilization of care in any entity regulated by the 11
	1504	+	Office of Health Care Quality or the Health Services Cost Review Commission. 12
	1505	+
	1506	+	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 13
	1507	+	or other health care facilities where a [physician or an allied health professional] 14
	1508	+	LICENSEE regulated by the Board has privileges, has a provider contract with a health 15
	1509	+	maintenance organization, or is employed of a complaint or report filed against that 16
	1510	+	[physician] LICENSEE, if: 17
	1511	+
	1512	+	(i) The Board determines, in its discretion, that the hospital, health 18
	1513	+	maintenance organization, or health care facility should be informed about the report or 19
	1514	+	complaint; 20
	1515	+
	1516	+	(ii) The nature of the complaint suggests a reasonable possibility of 21
	1517	+	an imminent threat to patient safety; or 22
	1518	+
	1519	+	(iii) The complaint or report was as a result of a claim filed in the 23
	1520	+	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 24
	1521	+	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 25
	1522	+
	1523	+	(2) The Board shall disclose any information pertaining to a [physician’s] 26
	1524	+	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 27
	1525	+	to a committee of a hospital, health maintenance organization, or other health care facility 28
	1526	+	if: 29
	1527	+
	1528	+	(i) The committee is concerned with [physician] LICENSEE 30
	1529	+	discipline and requests the information in writing; and 31
	1530	+
	1531	+	(ii) The Board has received a complaint or report pursuant to 32
	1532	+	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 33
	1533	+	the information is requested. 34
	1534	+	HOUSE BILL 962 33
	1535	+
	1536	+
	1537	+	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 1
	1538	+	this subtitle, notify those hospitals, health maintenance organizations, or health care 2
	1539	+	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 3
	1540	+	health maintenance organization, or is employed of its formal action within 10 days after 4
	1541	+	the action is taken and shall provide the hospital, health maintenance organization, or 5
	1542	+	health care facility with periodic reports as to enforcement or monitoring of a formal 6
	1543	+	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 7
	1544	+	reports. 8
	1545	+
	1546	+	(h) On the request of a person who has made a complaint to the Board regarding 9
	1547	+	a [physician] LICENSEE, the Board shall provide the person with information on the status 10
	1548	+	of the complaint. 11
	1549	+
	1550	+	(j) The Board may disclose any information contained in a record to a licensing 12
	1551	+	or disciplinary authority of another state if: 13
	1552	+
	1553	+	(1) The licensing or disciplinary authority of another state that regulates 14
	1554	+	[licensed physicians] LICENSEES in that state requests the information in writing; and 15
	1555	+
	1556	+	(2) The disclosure of any information is limited to the pendency of an 16
	1557	+	allegation of a ground for disciplinary or other action by a disciplinary panel until: 17
	1558	+
	1559	+	(i) The disciplinary panel has passed an order under § 14–406 of 18
	1560	+	this subtitle; or 19
	1561	+
	1562	+	(ii) A [licensed physician] LICENSEE on whom the information is 20
	1563	+	requested authorizes a disclosure as to the facts of an allegation or the results of an 21
	1564	+	investigation before the Board. 22
	1565	+
	1566	+	(k) The Board may disclose any information contained in a record to a person if: 23
	1567	+
	1568	+	(1) A [licensed physician] LICENSEE on whom any information is 24
	1569	+	requested authorizes the person to receive the disclosure; 25
	1570	+
	1571	+	(2) The person requests the information in writing; and 26
	1572	+
	1573	+	(3) The authorization for the disclosure is in writing. 27
	1574	+
	1575	+	(p) (1) The Board may publish a summary of any allegations of grounds for 28
	1576	+	disciplinary or other action. 29
	1577	+
	1578	+	(2) A summary may not identify: 30
	1579	+
	1580	+	(i) Any person who makes an allegation to the Board or any of its 31
	1581	+	investigatory bodies; 32
	1582	+	34 HOUSE BILL 962
	1583	+
	1584	+
	1585	+	(ii) A [licensed physician] LICENSEE about whom an allegation is 1
	1586	+	made; or 2
	1587	+
	1588	+	(iii) A witness in an investigation or a proceeding before the Board or 3
	1589	+	any of its investigatory bodies. 4
	1590	+
	1591	+	14–411.1. 5
	1592	+
	1593	+	(b) The Board shall create and maintain a public individual profile on each 6
	1594	+	licensee that includes the following information: 7
	1595	+
	1596	+	(1) A summary of charges filed against the licensee, including a copy of the 8
	1597	+	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 9
	1598	+	of this subtitle based on the charges or has rescinded the charges; 10
	1599	+
	1600	+	(2) A description of any disciplinary action taken by the Board or a 11
	1601	+	disciplinary panel against the licensee within the most recent 10–year period that includes 12
	1602	+	a copy of the public order; 13
	1603	+
	1604	+	(3) A description in summary form of any final disciplinary action taken by 14
	1605	+	a licensing board in any other state or jurisdiction against the licensee within the most 15
	1606	+	recent 10–year period; 16
	1607	+
	1608	+	(4) A description of a conviction or entry of a plea of guilty or nolo 17
	1609	+	contendere by the licensee for a crime involving moral turpitude reported to the Board 18
	1610	+	under § 14–416 of this subtitle; and 19
	1611	+
	1612	+	[(5) As reported to the Board by the licensee, education and practice 20
	1613	+	information about the licensee including: 21
	1614	+
	1615	+	(i) The name of any medical school that the licensee attended and 22
	1616	+	the date on which the licensee graduated from the school; 23
	1617	+
	1618	+	(ii) A description of any internship and residency training; 24
	1619	+
	1620	+	(iii) A description of any specialty board certification by a recognized 25
	1621	+	board of the American Board of Medical S pecialties or the American Osteopathic 26
	1622	+	Association; 27
	1623	+
	1624	+	(iv) The name of any hospital where the licensee has medical 28
	1625	+	privileges; 29
	1626	+
	1627	+	(v) The location of the licensee’s primary practice setting; 30
	1628	+
	1629	+	(vi) Whether the licensee participates in the Maryland Medical 31
	1630	+	Assistance Program; 32
	1631	+	HOUSE BILL 962 35
	1632	+
	1633	+
	1634	+	(vii) Whether the licensee maintains medical professional liability 1
	1635	+	insurance; and 2
	1636	+
	1637	+	(viii) The number of medical malpractice final court judgments and 3
	1638	+	arbitration awards against the licensee within the most recent 10–year period.] 4
	1639	+
	1640	+	(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 5
739	1641		OF THIS TITLE. 6
740	1642
741		-	[(3) Subject to the Administrative Procedure Act and the hearing provisions 7
742		-	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 8
743		-	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 9
744		-	applicant’s license for: 10
745		-
746		-	(i) Any of the reasons that are grounds for action under § 14–404, § 11
747		-	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 12
748		-	as applicable; or 13
749		-
750		-	(ii) Failure to complete a criminal history records check in 14
751		-	accordance with § 14–308.1 of this title.] 15
752		-
753		-	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 16
754		-	shall: 17
755		-
756		-	(i) Issue, for use in other jurisdictions, a certificate of professional 18
757		-	standing to any [licensed physician] LICENSEE; and 19
758		-
759		-	(ii) Keep a list of all PENDING license applicants. 20
760		-
761		-	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 21
762		-	are currently licensed. 22
763		-
764		-	(ii) The list shall include each [physician’s] LICENSEE’S designated 23
765		-	public address. 24
766		-
767		-	(iii) A [physician’s] LICENSEE’S designated public address may be a 25
768		-	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 26
769		-	under paragraph (3) of this subsection, that is not a post office box. 27
770		-
771		-	(iv) Each list prepared under this paragraph shall be kept as a 28
772		-	permanent record of the Board. 29
773		-
774		-	(v) The list of [currently licensed physicians] CURRENT 30
775		-	LICENSEES is a public record. 31
776		-	HOUSE BILL 962 17
777		-
778		-
779		-	(3) (i) The Board shall maintain on file a [physician’s] LICENSEE’S 1
780		-	designated nonpublic address, if provided by the [physician] LICENSEE, to facilitate 2
781		-	communication between the [physician] LICENSEE and the Board. 3
782		-
783		-	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 4
784		-	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 5
785		-	at the time of initial licensure and license renewal. 6
786		-
787		-	(iii) A [physician] LICENSEE shall designate an address where the 7
788		-	Board may send the [physician] LICENSEE mail. 8
789		-
790		-	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 9
791		-	a public record and may not be released by the Board. 10
792		-
793		-	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 11
794		-
795		-	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 12
796		-	ESTABLISHED UNDER TH IS TITLE GOVERNING : 13
797		-
798		-	(1) THE TERM OF OFFICE FOR MEMBERS; 14
799		-
800		-	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 15
801		-
802		-	(3) THE REMOVAL OF MEMBER S; AND 16
803		-
804		-	(4) THE DUTIES OF EACH OF FICER. 17
805		-
806		-	14–207. 18
807		-
808		-	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 19
809		-	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 20
810		-	HEALTH PROFESSIONALS . 21
811		-
812		-	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 22
813		-	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 23
814		-	UNDER THIS TITLE , AND THE OTHER SERVICES IT PR OVIDES TO PHYSICIANS AND 24
815		-	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 25
816		-	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 26
817		-	14–401.1(D) of this title. 27
818		-
819		-	(3) Funds to cover the compensation and expenses of the Board members 28
820		-	shall be generated by fees set under this section. 29
821		-	18 HOUSE BILL 962
822		-
823		-
824		-	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 1
825		-	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 2
826		-	AND SERVICES PROVIDE D TO THAT PARTIC ULAR PROFESSION . 3
827		-
828		-	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 4
829		-	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 5
830		-	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF TH IS 6
831		-	TITLE. 7
832		-
833		-	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 8
834		-	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 9
835		-	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 10
836		-
837		-	(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 11
838		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSISTANT 12
839		-	PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–752 OF THE TAX – 13
840		-	GENERAL ARTICLE. 14
841		-
842		-	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 15
843		-	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 16
844		-	of the State. 17
845		-
846		-	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 18
847		-	include in the State budget at least $400,000 for the operation of the Maryland Loan 19
848		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 20
849		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 21
850		-	Comptroller shall distribute: 22
851		-
852		-	(i) $400,000 of the fees received from the Board to the Department 23
853		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 24
854		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 25
855		-	Article to physicians and physician assistants engaged in primary care or to medical 26
856		-	residents specializing in primary care who agree to practice for at least 2 years as primary 27
857		-	care physicians in a geographic area of the State that has been designated by the Secretary 28
858		-	as being medically underserved; and 29
859		-
860		-	(ii) The balance of the fees to the Board of Physicians Fund. 30
861		-
862		-	(2) In fiscal year 2022, if the Governor does not include in the State budget 31
863		-	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 32
864		-	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 33
865		-	Article, as administered by the Department, the Comptroller shall distribute: 34
866		-
867		-	(i) $1,000,000 of the fees received from the Board to the Department 35
868		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 36 HOUSE BILL 962 19
869		-
870		-
871		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 1
872		-	Article to physicians and physician assistants engaged in primary care or to medical 2
873		-	residents specializing in primary care who agree to practice for at least 2 years as primary 3
874		-	care physicians in a geographic area of the State that has been designated by the Secretary 4
875		-	as being medically underserved; and 5
876		-
877		-	(ii) The balance of the fees to the Board of Physicians Fund. 6
878		-
879		-	(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 7
880		-	does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – 8
881		-	General Article and the Governor does not include in the State budget at least $400,000 for 9
882		-	the operation of the Maryland Loan Assistance Repayment Program for Physicians and 10
883		-	Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 11
884		-	administered by the Department, the Comptroller shall distribute: 12
885		-
886		-	(i) $400,000 of the fees received from the Board to the Department 13
887		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 14
888		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 15
889		-	Article to physicians and physician assistants engaged in primary care or to medical 16
890		-	residents specializing in primary care who agree to practice for at least 2 years as primary 17
891		-	care physicians in a geographic area of the State that has been designated by the Secretary 18
892		-	as being medically underserved; and 19
893		-
894		-	(ii) The balance of the fees to the Board of Physicians Fund. 20
895		-
896		-	[(4)] (2) If the Governor includes in the State budget at least the amount 21
897		-	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 22
898		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 23
899		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 24
900		-	Comptroller shall distribute the fees to the Board of Physicians Fund. 25
901		-
902		-	(f) (1) In addition to the requirements of subsection (e) of this section, the 26
903		-	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 27
904		-	collected, and distributed to the Fund under this title. 28
905		-
906		-	(2) After review and approval by the Board of a budget submitted by the 29
907		-	[Physician] Rehabilitation Program, the Board may allocate money from the Fund to the 30
908		-	[Physician] Rehabilitation Program. 31
909		-
910		-	14–301. 32
911		-
912		-	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 33
913		-	qualify for a license, an applicant shall be an individual who meets the requirements of this 34
914		-	section. 35
915		-
916		-	(b) The applicant shall be of good moral character. 36 20 HOUSE BILL 962
917		-
918		-
919		-
920		-	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 1
921		-	shall be at least 18 years old. 2
922		-
923		-	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 3
924		-
925		-	(1) (i) Have a degree of doctor of medicine from a medical school that is 4
926		-	accredited by an accrediting organization that the Board recognizes in its regulations; and 5
927		-
928		-	(ii) Submit evidence acceptable to the Board of successful completion 6
929		-	of 1 year of training in a postgraduate medical training program that is accredited by an 7
930		-	accrediting organization that the Board recognizes in its regulations; or 8
931		-
932		-	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 9
933		-	in the United States, its territories or possessions, Puerto Rico, or Canada that has 10
934		-	standards for graduation equivalent to those established by the American Osteopathic 11
935		-	Association; and 12
936		-
937		-	(ii) Submit evidence acceptable to the Board of successful completion 13
938		-	of 1 year of training in a postgraduate medical training program accredited by an 14
939		-	accrediting organization that the Board recognizes in its regulations.] 15
940		-
941		-	(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 16
942		-	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 17
943		-
944		-	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 18
945		-	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 19
946		-	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 20
947		-
948		-	(f) The applicant shall meet any other qualifications that the Board establishes 21
949		-	in its regulations for license applicants. 22
950		-
951		-	[(g) An otherwise qualified applicant who passes the examination after having 23
952		-	failed the examination or any part of the examination 3 or more times may qualify for a 24
953		-	license only if the applicant: 25
954		-
955		-	(1) Has successfully completed 2 or more years of a residency or fellowship 26
956		-	accredited by the Accreditation Council on Graduate Medical Education or the American 27
957		-	Osteopathic Association; 28
958		-
959		-	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 29
960		-
961		-	1. In the United States or in Canada; 30
962		-
963		-	2. With at least 3 of the 5 years having occurred within 5 31
964		-	years of the date of the application; and 32 HOUSE BILL 962 21
965		-
966		-
967		-
968		-	3. That occurred under a full unrestricted license to practice 1
969		-	medicine; and 2
970		-
971		-	(ii) Has no disciplinary action pending and has had no disciplinary 3
972		-	action taken against the applicant that would be grounds for discipline under § 14–404 of 4
973		-	this title; or 5
974		-
975		-	(3) Is board certified.] 6
976		-
977		-	[(h)] (G) (1) The Board shall require as part of its examination or licensing 7
978		-	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 8
979		-	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 9
980		-
981		-	(2) Graduation from a recognized English–speaking undergraduate 10
982		-	school or high school, including General Education Development (GED), after at least 3 11
983		-	years of enrollment, or from a recognized English–speaking professional school is 12
984		-	acceptable as proof of proficiency in the oral communication of the English language under 13
985		-	this section. 14
986		-
987		-	(3) By regulation, the Board shall develop a procedure for testing 15
988		-	individuals who because of their speech impairment are unable to complete satisfactorily a 16
989		-	Board approved standardized test of oral competency. 17
990		-
991		-	(4) If any disciplinary charges or action that involves a problem with 18
992		-	the oral communication of the English language are brought against a licensee under this 19
993		-	title, the Board shall require the licensee to take and pass a Board approved standardized 20
994		-	test of oral competency. 21
995		-
996		-	[(i) The applicant shall complete a criminal history records check in accordance 22
997		-	with § 14–308.1 of this subtitle. 23
998		-
999		-	(j) (1) The Board shall license an applicant to practice medicine if: 24
	1643	+	(c) In addition to the requirements of subsection (b) of this section, the Board 7
	1644	+	shall: 8
	1645	+
	1646	+	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 9
	1647	+	DENIAL OF A LICENSE APPLICATION , DISCLOSE THE FILING TO THE PUBLIC ON THE 10
	1648	+	BOARD’S WEBSITE; 11
	1649	+
	1650	+	(2) Provide appropriate and accessible Internet links from the Board’s 12
	1651	+	[Internet site] WEBSITE: 13
	1652	+
	1653	+	(i) To the extent available, to the appropriate portion of the 14
	1654	+	[Internet site] WEBSITE of each health maintenance organization licensed in this State 15
	1655	+	which will allow the public to ascertain the names of the physicians affiliated with the 16
	1656	+	health maintenance organization; and 17
	1657	+
	1658	+	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 18
	1659	+	American Medical Association; 19
	1660	+
	1661	+	[(2)] (3) Include a statement on each licensee’s profile of information to 20
	1662	+	be taken into consideration by a consumer when viewing a licensee’s profile, including 21
	1663	+	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 22
	1664	+	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 23
	1665	+	and 24
	1666	+
	1667	+	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 25
	1668	+
	1669	+	(i) Notification that a person may contact the Board by telephone, 26
	1670	+	electronic mail, or written request to find out whether the number of medical malpractice 27
	1671	+	settlements involving a particular licensee totals three or more with a settlement amount 28
	1672	+	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 29
	1673	+
	1674	+	(ii) A telephone number, electronic mail address, and physical 30
	1675	+	address through which a person may contact the Board to request the information required 31
	1676	+	to be provided under item (i) of this item. 32
	1677	+
	1678	+	(d) The Board: 33
	1679	+	36 HOUSE BILL 962
	1680	+
	1681	+
	1682	+	(1) On receipt of a written request for a licensee’s profile from any person, 1
	1683	+	shall forward a written copy of the profile to the person; 2
	1684	+
	1685	+	(2) Shall maintain a website that serves as a single point of entry where 3
	1686	+	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 4
	1687	+	public on the Internet; and 5
	1688	+
	1689	+	(3) On receipt of a verbal, electronic, or written request in accordance with 6
	1690	+	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 7
	1691	+	days of the request. 8
	1692	+
	1693	+	14–413. 9
	1694	+
	1695	+	(A) A person may not make any false statement, report, or representation to the 10
	1696	+	Board or a disciplinary panel. 11
	1697	+
	1698	+	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE IS 12
	1699	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 13
	1700	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 14
	1701	+
	1702	+	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 15
	1703	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 16
	1704	+
	1705	+	14–416. 17
	1706	+
	1707	+	(a) Each court shall report to the Board each conviction of or entry of a plea of 18
	1708	+	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 19
	1709	+	turpitude. 20
	1710	+
	1711	+	14–417. 21
	1712	+
	1713	+	(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 22
	1714	+	IN WRITING OF ANY CH ANGE IN THE LICENSEE ’S NAME OR ADDRESS WI THIN 60 DAYS 23
	1715	+	AFTER THE CHANGE . 24
	1716	+
	1717	+	(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETARY OF THE BOARD 25
	1718	+	WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 26
	1719	+	AN ADMINISTRATIVE PE NALTY OF $100. 27
	1720	+
	1721	+	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 28
	1722	+	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 29
	1723	+	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 30
	1724	+	EDUCATION CREDITS RE QUIRED BY THE BOARD. 31
	1725	+
	1726	+	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 32 HOUSE BILL 962 37
	1727	+
	1728	+
	1729	+
	1730	+	14–503. 1
	1731	+
	1732	+	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 2
	1733	+	this section. 3
	1734	+
	1735	+	(2) Before it adopts any rule or regulation under this section, the Board 4
	1736	+	shall invite and consider proposals from any individual or health group that could be 5
	1737	+	affected by the rule or regulation. 6
	1738	+
	1739	+	(e) Except as otherwise provided in this section, an individual may perform 7
	1740	+	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 8
	1741	+
	1742	+	(1) Do not include: 9
	1743	+
	1744	+	(i) Computerized or noncomputerized tomography; 10
	1745	+
	1746	+	(ii) Fluoroscopy; 11
	1747	+
	1748	+	(iii) Invasive radiology; 12
	1749	+
	1750	+	(iv) Mammography; 13
	1751	+
	1752	+	(v) Nuclear medicine; 14
	1753	+
	1754	+	(vi) Radiation therapy; or 15
	1755	+
	1756	+	(vii) Xerography; 16
	1757	+
	1758	+	(2) Are limited to X–ray procedures of the: 17
	1759	+
	1760	+	(i) Chest, anterior–posterior and lateral; 18
	1761	+
	1762	+	(ii) Spine, anterior–posterior and lateral; or 19
	1763	+
	1764	+	(iii) Extremities, anterior–posterior and lateral, not including the 20
	1765	+	head; and 21
	1766	+
	1767	+	(3) Are performed: 22
	1768	+
	1769	+	(i) By an individual who is not employed primarily to perform 23
	1770	+	X–ray duties; 24
	1771	+
	1772	+	(ii) In the medical office of the physician who delegates the duties; 25
	1773	+	and 26
	1774	+
	1775	+	(iii) 1. By an individual who, before October 1, 2002, has: 27 38 HOUSE BILL 962
	1776	+
	1777	+
	1778	+
	1779	+	A. Taken a course consisting of at least 30 hours of training 1
	1780	+	in performing X–ray procedures approved by the Maryland Radiological Society in 2
	1781	+	consultation with the Maryland Society of Radiologic Technologists; and 3
	1782	+
	1783	+	B. Successfully passed an examination based on that course 4
	1784	+	that has been approved by the Maryland Radiological Society in consultation with the 5
	1785	+	Maryland Society of Radiologic Technologists; or 6
	1786	+
	1787	+	2. By a licensed physician assistant who has completed a 7
	1788	+	course that includes anterior–posterior and lateral radiographic studies of extremities on 8
	1789	+	at least 20 separate patients under the direct supervision of the delegating physician or 9
	1790	+	radiologist using a mini C–arm or similar low–level radiation machine to perform 10
	1791	+	nonfluoroscopic X–ray procedures, if the duties: 11
	1792	+
	1793	+	A. Include only the X–ray procedures described in paragraph 12
	1794	+	(2)(iii) of this subsection; and 13
	1795	+
	1796	+	B. Are performed pursuant to a Board–approved delegation 14
	1797	+	agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 15
	1798	+	14–5H–08(C)(2) of this [article] TITLE. 16
	1799	+
	1800	+	14–504. 17
	1801	+
	1802	+	(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 18
	1803	+	THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 19
	1804	+	REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 20
	1805	+
	1806	+	(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE, THE APPLICANT 21
	1807	+	SHALL: 22
	1808	+
	1809	+	(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 23
	1810	+	MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 24
	1811	+	THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 25
	1812	+
	1813	+	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 26
	1814	+	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 27
	1815	+	TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 28
	1816	+	THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 29
	1817	+
	1818	+	(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 30
	1819	+	SCHOOL OF OSTE OPATHY IN THE UNITED STATES, ITS TERRITORIES OR 31
	1820	+	POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 32
	1821	+	EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 33
	1822	+	ASSOCIATION; AND 34 HOUSE BILL 962 39
	1823	+
	1824	+
	1825	+
	1826	+	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 1
	1827	+	SUCCESSFU L COMPLETION OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 2
	1828	+	TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 3
	1829	+	BOARD RECOGNIZES IN I TS REGULATIONS . 4
	1830	+
	1831	+	(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 5
	1832	+	MEDICINE, AN OTHERWISE QUALI FIED APPLICANT WHO P ASSES THE EXAMINATIO N 6
	1833	+	AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 7
	1834	+	THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 8
	1835	+
	1836	+	(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 9
	1837	+	RESIDENCY OR FELLOWS HIP ACCREDITED BY THE ACCREDITATION COUNCIL ON 10
	1838	+	GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 11
	1839	+
	1840	+	(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 12
	1841	+	MEDICINE: 13
	1842	+
	1843	+	1. IN THE UNITED STATES OR IN CANADA; 14
	1844	+
	1845	+	2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 15
	1846	+	WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 16
	1847	+
	1848	+	3. THAT OCCURRED UNDER A FULL UNRESTRICTED 17
	1849	+	LICENSE TO PRACTICE MEDICINE; AND 18
	1850	+
	1851	+	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 19
	1852	+	DISCIPLINARY ACTION TAKEN AGAINST THE APPLICANT THAT WOULD BE GROUNDS 20
	1853	+	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 21
	1854	+
	1855	+	(3) IS BOARD CERTIFIED . 22
	1856	+
	1857	+	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 23
	1858	+	MEDICINE IF: 24
1000	1859
1001	1860		(I) THE APPLICANT: 25
1002	1861
1003		-	1. Became licensed or certified as a physician in another 26
1004		-	jurisdiction under requirements that the Board determines are substantially equivalent to 27
1005		-	the licensing requirements of this title; 28
1006		-
1007		-	2. Is in good standing under the laws of the other 29
1008		-	jurisdiction; 30
1009		-
1010		-	3. Submits an application to the Board on a form that the 31
1011		-	Board requires; and 32
1012		-
1013		-	4. Pays to the Board an application fee set by the Board; and 33 22 HOUSE BILL 962
1014		-
1015		-
1016		-
1017		-	(ii) The jurisdiction in which the applicant is licensed or certified 1
1018		-	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 2
1019		-	the Board. 3
1020		-
1021		-	(2) The Board shall adopt regulations to implement this subsection.] 4
1022		-
1023		-	14–303. 5
1024		-
1025		-	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 6
1026		-
1027		-	(1) Complete a criminal history records check in accordance with [§ 7
1028		-	14–308.1] § 14–302 of this subtitle; 8
1029		-
1030		-	(2) Submit an application to the Board on the form that the Board requires; 9
1031		-	and 10
1032		-
1033		-	(3) Pay to the Board the application fee set by the Board. 11
1034		-
1035		-	[(b) The Board may not release a list of applicants for licensure.] 12
1036		-
1037		-	14–304. 13
1038		-
1039		-	(b) (1) On receipt of the criminal history record information of an applicant for 14
1040		-	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 15
1041		-	in determining whether to issue a license, the Board shall consider: 16
1042		-
1043		-	(i) The age at which the crime was committed; 17
1044		-
1045		-	(ii) The nature of the crime; 18
1046		-
1047		-	(iii) The circumstances surrounding the crime; 19
1048		-
1049		-	(iv) The length of time that has passed since the crime; 20
1050		-
1051		-	(v) Subsequent work history; 21
1052		-
1053		-	(vi) Employment and character references; and 22
1054		-
1055		-	(vii) Other evidence that demonstrates whether the applicant poses a 23
1056		-	threat to the public health or safety. 24
1057		-
1058		-	(2) The Board may not issue a license if the criminal history record 25
1059		-	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 26
1060		-
1061		-	14–305. 27 HOUSE BILL 962 23
1062		-
1063		-
1064		-
1065		-	(a) Except as otherwise provided in this title, a license authorizes the licensee to 1
1066		-	practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 2
1067		-	LICENSE ISSUED BY TH E BOARD while the license is effective. 3
1068		-
1069		-	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 4
1070		-	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 5
1071		-
1072		-	14–306. 6
1073		-
1074		-	(a) (1) The term of a license issued by the Board may not exceed 3 years. 7
1075		-
1076		-	(2) A license expires on a date set by the Board, unless the license is 8
1077		-	renewed for [a] AN ADDITIONAL term as provided in this section. 9
1078		-
1079		-	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 10
1080		-	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 11
1081		-	last known electronic or physical address of the licensee[: 12
1082		-
1083		-	(i) A] A renewal notice that states: 13
1084		-
1085		-	[1.] (I) The date on which the current license expires; 14
1086		-
1087		-	[2.] (II) The date by which the renewal application must be 15
1088		-	received by the Board for the renewal to be issued and mailed before the license expires; 16
1089		-	and 17
1090		-
1091		-	[3.] (III) The amount of the renewal fee[; and 18
1092		-
1093		-	(ii) A blank panel data sheet supplied by the Health Care 19
1094		-	Alternative Dispute Resolution Office]. 20
1095		-
1096		-	(2) If the Board chooses to send renewal notices exclusively by electronic 21
1097		-	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 22
1098		-	first–class mail to a licensee on request of the licensee. 23
1099		-
1100		-	(c) (1) Before the license expires, the licensee periodically may renew it for an 24
1101		-	additional term, if the licensee: 25
1102		-
1103		-	(i) Otherwise is entitled to be licensed; 26
1104		-
1105		-	(ii) Is of good moral character; 27
1106		-
1107		-	(iii) Pays to the Board a renewal fee set by the Board; [and] 28
1108		-
1109		-	(iv) Submits to the Board: 29 24 HOUSE BILL 962
1110		-
1111		-
1112		-
1113		-	1. A renewal application on the form that the Board requires; 1
1114		-	and 2
1115		-
1116		-	2. Satisfactory evidence of compliance with any continuing 3
1117		-	education OR COMPETENCY requirements set under this section for license renewal; AND 4
1118		-
1119		-	(V) MEETS ANY ADDITIONAL LICEN SE RENEWAL 5
1120		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 6
1121		-
1122		-	(2) Within 30 days after a license renewal under Section 7 of the Interstate 7
1123		-	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 8
1124		-	shall submit to the Board the information required under paragraph (1)(iv) of this 9
1125		-	subsection. 10
1126		-
1127		-	(d) (1) In addition to any other qualifications and requirements established by 11
1128		-	the Board, the Board may establish continuing education OR COMPETENCY requirements 12
1129		-	as a condition to the renewal of licenses under this section. 13
1130		-
1131		-	[(2) In establishing these requirements, the Board shall evaluate existing 14
1132		-	methods, devices, and programs in use among the various medical specialties and other 15
1133		-	recognized medical groups. 16
1134		-
1135		-	(3) The Board shall adopt regulations that allow a licensee seeking renewal 17
1136		-	to receive up to 5 continuing education credits per renewal period for providing 18
1137		-	uncompensated, voluntary medical services during each renewal period. 19
1138		-
1139		-	(4) The Board may not establish or enforce these requirements if they 20
1140		-	would so reduce the number of physicians in a community as to jeopardize the availability 21
1141		-	of adequate medical care in that community.] 22
1142		-
1143		-	[(5)] (2) The Board may not establish a continuing education requirement 23
1144		-	that every licensee complete a specific course or program as a condition to the renewal of a 24
1145		-	license under this section. 25
1146		-
1147		-	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 26
1148		-	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 27
1149		-	first offense, for the failure of a licensee to obtain the continuing medical education credits 28
1150		-	required by the Board.] 29
1151		-
1152		-	(e) The Board shall renew the license of each licensee who meets the 30
1153		-	requirements of this section AND ANY ADDITI ONAL REQUIREMENTS ES TABLISHED 31
1154		-	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 32
1155		-	APPLICABLE. 33
1156		-	HOUSE BILL 962 25
1157		-
1158		-
1159		-	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 1
1160		-	change in the licensee’s name or address within 60 days after the change. 2
1161		-
1162		-	(2) If a licensee fails to notify the secretary of the Board within the time 3
1163		-	required under this section, the licensee is subject to an administrative penalty of $100.] 4
1164		-
1165		-	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 5
1166		-	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 6
1167		-
1168		-	(i) Renewal applicants as determined by regulations adopted by the 7
1169		-	Board; and 8
1170		-
1171		-	(ii) Each former licensee who files for reinstatement under [§ 14–317 9
1172		-	of this subtitle] THIS TITLE. 10
1173		-
1174		-	(2) On receipt of the criminal history record information of a licensee 11
1175		-	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 12
1176		-	determining whether disciplinary action should be taken, based on the criminal record 13
1177		-	information, against a licensee who renewed or reinstated a license, the Board shall 14
1178		-	consider: 15
1179		-
1180		-	(i) The age at which the crime was committed; 16
1181		-
1182		-	(ii) The nature of the crime; 17
1183		-
1184		-	(iii) The circumstances surrounding the crime; 18
1185		-
1186		-	(iv) The length of time that has passed since the crime; 19
1187		-
1188		-	(v) Subsequent work history; 20
1189		-
1190		-	(vi) Employment and character references; and 21
1191		-
1192		-	(vii) Other evidence that demonstrates whether the licensee poses a 22
1193		-	threat to the public health or safety. 23
1194		-
1195		-	(3) The Board may renew or reinstate a license only if the licensee or 24
1196		-	applicant attests that the licensee or applicant has submitted to a criminal history records 25
1197		-	check under [§ 14–308.1] § 14–302 of this subtitle. 26
1198		-
1199		-	14–307. 27
1200		-
1201		-	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 28
1202		-	to renew the license for any reason if the [physician] INDIVIDUAL: 29
1203		-	26 HOUSE BILL 962
1204		-
1205		-
1206		-	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 1
1207		-	AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 2
1208		-	5E, 5F, 5G, OR 5H OF THIS TITLE; 3
1209		-
1210		-	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 4
1211		-	THE BOARD REQUIRES ; 5
1212		-
1213		-	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 6
1214		-
1215		-	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 7
1216		-	the qualifications and requirements established under this title for license reinstatements; 8
1217		-	AND 9
1218		-
1219		-	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 10
1220		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 11
1221		-
1222		-	14–401.1. 12
1223		-
1224		-	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 13
1225		-	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 14
1226		-	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 15
1227		-	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 16
1228		-	disciplinary panel. 17
1229		-
1230		-	(ii) If the complaint proceeds to a hearing and is referred to the other 18
1231		-	disciplinary panel under subparagraph (i) of this paragraph, the disciplinary panel that 19
1232		-	was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, 20
1233		-	may not: 21
1234		-
1235		-	1. Continue to handle the complaint; 22
1236		-
1237		-	2. Participate in any disciplinary proceedings regarding the 23
1238		-	complaint; or 24
1239		-
1240		-	3. Determine the final disposition of the complaint. 25
1241		-
1242		-	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 26
1243		-	enter into a written contract with an entity or individual for confidential physician peer 27
1244		-	review of allegations based on § 14–404(a)(22) of this subtitle. 28
1245		-
1246		-	(2) A peer reviewer shall: 29
1247		-
1248		-	(i) Be board certified; 30
1249		-
1250		-	(ii) Have special qualifications to judge the matter at hand; 31
1251		-	HOUSE BILL 962 27
1252		-
1253		-
1254		-	(iii) Have received a specified amount of medical experience and 1
1255		-	training; 2
1256		-
1257		-	(iv) Have no formal actions against the peer reviewer’s own license; 3
1258		-
1259		-	(v) Receive training in peer review; 4
1260		-
1261		-	(vi) Have a standard format for peer review reports; and 5
1262		-
1263		-	(vii) To the extent practicable, be licensed and engaged in the practice 6
1264		-	of medicine in the State. 7
1265		-
1266		-	(3) The Board may consult with the appropriate specialty health care 8
1267		-	provider societies in the State to obtain a list of physicians qualified to provide peer review 9
1268		-	services. 10
1269		-
1270		-	(4)] For purposes of peer review, the Board may use sole source 11
1271		-	procurement under § 13–107 of the State Finance and Procurement Article. 12
1272		-
1273		-	[(5)] (2) The hearing of charges may not be stayed or challenged because 13
1274		-	of the selection of peer reviewers under this subsection before the filing of charges. 14
1275		-
1276		-	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 15
1277		-	contracts under subsection [(e)] (B) of this section OR § 14–514 OF THIS TITLE shall have 16
1278		-	90 days for completion of peer review. 17
1279		-
1280		-	(2) The entity or individual peer reviewer may apply to the Board for an 18
1281		-	extension of up to 30 days to the time limit imposed under [paragraph (1) of this subsection] 19
1282		-	§ 14–515(D)(1) OF THIS TITLE. 20
1283		-
1284		-	(3) If an extension is not granted, and 90 days have elapsed, the Board may 21
1285		-	contract with any other entity or individual who meets the requirements of [subsection 22
1286		-	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 23
1287		-
1288		-	(4) If an extension has been granted, and 120 days have elapsed, the Board 24
1289		-	may contract with any other entity or individual who meets the requirements of [subsection 25
1290		-	(e)(2) of this section] § 14–515(D)(2) OF THIS TITLE for the services of peer review. 26
1291		-
1292		-	[(g)] (D) The Board shall issue a request for proposals and enter into a written 27
1293		-	contract with a nonprofit entity to provide rehabilitation services for physicians or other 28
1294		-	allied health professionals directed by the Board to receive rehabilitation services. 29
1295		-
1296		-	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 30
1297		-	matters and the mediation of fee disputes coming before it, the Board may contract with an 31
1298		-	entity or entities for the purchase of investigatory, mediation, and related services. 32
1299		-	28 HOUSE BILL 962
1300		-
1301		-
1302		-	(2) Services that may be contracted for under this subsection include the 1
1303		-	services of: 2
1304		-
1305		-	(i) Investigators; 3
1306		-
1307		-	(ii) Attorneys; 4
1308		-
1309		-	(iii) Accountants; 5
1310		-
1311		-	(iv) Expert witnesses; 6
1312		-
1313		-	(v) Consultants; and 7
1314		-
1315		-	(vi) Mediators. 8
1316		-
1317		-	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 9
1318		-	oaths in connection with any investigation under this section and any hearing or proceeding 10
1319		-	before it. 11
1320		-
1321		-	[(j)] (G) (1) It is the intent of this section that the disposition of every 12
1322		-	complaint against a licensee that sets forth allegations of grounds for disciplinary action 13
1323		-	filed with the Board shall be completed as expeditiously as possible and, in any event, 14
1324		-	within 18 months after the complaint was received by the Board. 15
1325		-
1326		-	(2) If a disciplinary panel is unable to complete the disposition of a 16
1327		-	complaint within 1 year, the Board shall include in the record of that complaint a detailed 17
1328		-	explanation of the reason for the delay. 18
1329		-
1330		-	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 19
1331		-	health professional to discuss the proposed disposition of a complaint, shall provide an 20
1332		-	opportunity to appear before the disciplinary panel to both the licensee who has been 21
1333		-	charged and the individual who has filed the complaint against the licensee giving rise to 22
1334		-	the charge. 23
1335		-
1336		-	14–401.2. 24
1337		-
1338		-	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 25
1339		-	relief against an individual for: 26
1340		-
1341		-	(1) Practicing a profession regulated under this title [or Title 15 of this 27
1342		-	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 28
1343		-
1344		-	(2) Representing to the public, by title, description of services, methods, 29
1345		-	procedures, or otherwise, that the individual is authorized to practice: 30
1346		-	HOUSE BILL 962 29
1347		-
1348		-
1349		-	(i) Medicine in this State, in violation of [§ 14–602] § 14–528 of this 1
1350		-	title; 2
1351		-
1352		-	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 3
1353		-	title; 4
1354		-
1355		-	(iii) Radiation therapy, radiography, nuclear medicine technology, or 5
1356		-	radiation assistance in this State, in violation of § 14–5B–18 of this title; 6
1357		-
1358		-	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 7
1359		-	title; 8
1360		-
1361		-	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 9
1362		-	this title; 10
1363		-
1364		-	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 11
1365		-
1366		-	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 12
1367		-	of this title; [or] 13
1368		-
1369		-	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 14
1370		-	14–5G–24 OF THIS TITLE; OR 15
1371		-
1372		-	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 16
1373		-	this article] § 14–5H–19 OF THIS TITLE; or 17
1374		-
1375		-	(3) Taking any action: 18
1376		-
1377		-	(i) For which a disciplinary panel determines there is a 19
1378		-	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–515 of this title; 20
1379		-	and 21
1380		-
1381		-	(ii) That poses a serious risk to the health, safety, and welfare of a 22
1382		-	patient. 23
1383		-
1384		-	14–402. 24
1385		-
1386		-	(a) In reviewing an application for licensure or in investigating an allegation 25
1387		-	brought against a licensed physician or any allied health professional regulated by the 26
1388		-	Board under this title, the [Physician] Rehabilitation Program may request the Board to 27
1389		-	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 28
1390		-	physician or any allied health professional regulated by the Board under this title to submit 29
1391		-	to an appropriate examination. 30
1392		-
1393		-	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 31
1394		-	to submit to an examination is prima facie evidence of the licensed individual’s OR 32 30 HOUSE BILL 962
1395		-
1396		-
1397		-	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 1
1398		-	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 2
1399		-	the licensed individual OR APPLICANT . 3
1400		-
1401		-	(e) (1) The Board or the entity or entities with which the Board contracts shall 4
1402		-	appoint the members of the [Physician] Rehabilitation Program. 5
1403		-
1404		-	(2) The chair of the Board shall appoint one member of the Board to serve 6
1405		-	as a liaison to the [Physician] Rehabilitation Program. 7
1406		-
1407		-	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 8
1408		-	Auditor as provided in § 2–1220 of the State Government Article. 9
1409		-
1410		-	14–404. 10
1411		-
1412		-	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 11
1413		-	PROVISIONS OF § 14–405 OF THIS SUBTITL E, A DISCIPLINARY PANEL MAY DENY A 12
1414		-	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 13
1415		-	APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 14
1416		-	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–515, § 15
1417		-	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 16
1418		-	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 17
1419		-
1420		-	14–405. 18
1421		-
1422		-	(a) Except as otherwise provided in the Administrative Procedure Act, before the 19
1423		-	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 20
1424		-	or [§ 14–205(b)(3),] § 14–515(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 21
1425		-	14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 22
1426		-	it shall give the individual against whom the action is contemplated an opportunity for a 23
1427		-	hearing before a hearing officer. 24
1428		-
1429		-	[(g)] (F) The hearing of charges may not be stayed or challenged by any 25
1430		-	procedural defects alleged to have occurred prior to the filing of charges. 26
1431		-
1432		-	14–406. 27
1433		-
1434		-	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 28
1435		-	panel finds that there are grounds for action under [§ 14–404] § 14–515, § 14–5A–17, § 29
1436		-	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 30
1437		-	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 31
1438		-	with the Administrative Procedure Act. 32
1439		-
1440		-	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 33
1441		-	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 34 HOUSE BILL 962 31
1442		-
1443		-
1444		-	14–515, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 1
1445		-	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 2
1446		-
1447		-	(1) Immediately shall dismiss the charges and exonerate the licensee; 3
1448		-
1449		-	(2) (i) Except as provided in item (ii) of this item, shall expunge all 4
1450		-	records of the charges 3 years after the charges are dismissed; or 5
1451		-
1452		-	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 6
1453		-	a document releasing the Board from any liability related to the charges, shall immediately 7
1454		-	expunge all records of the charges; and 8
1455		-
1456		-	(3) May not take any further action on the charges. 9
1457		-
1458		-	14–409. 10
1459		-
1460		-	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 11
1461		-	ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 12
1462		-	PANEL, may reinstate the license of an individual whose license has been surrendered or 13
1463		-	revoked under this title only in accordance with: 14
1464		-
1465		-	(i) The terms and conditions of the order of revocation or letter of 15
1466		-	surrender; 16
1467		-
1468		-	(ii) An order of reinstatement issued by the disciplinary panel; or 17
1469		-
1470		-	(iii) A final judgment in any proceeding for review. 18
1471		-
1472		-	(2) If a license is surrendered or revoked for a period of more than 1 year, 19
1473		-	the Board OR A DISCIPLINARY PA NEL may reinstate the license after 1 year if the licensee: 20
1474		-
1475		-	(i) Meets the requirements for reinstatement as established by the 21
1476		-	Board; and 22
1477		-
1478		-	(ii) Completes a criminal history records check in accordance with [§ 23
1479		-	14–308.1] § 14–302 of this title. 24
1480		-
1481		-	(c) If an order of revocation is based on [§ 14–404(b)] § 14–515(B), § 25
1482		-	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 26
1483		-	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 27
1484		-	conviction or plea subsequently is overturned at any stage of an appeal or other 28
1485		-	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 29
1486		-
1487		-	14–411. 30
1488		-
1489		-	(d) The Board shall disclose any information contained in a record to: 31 32 HOUSE BILL 962
1490		-
1491		-
1492		-
1493		-	(1) A committee of a hospital, health maintenance organization, or related 1
1494		-	institution if: 2
1495		-
1496		-	(i) The committee of a medical hospital staff concerned with 3
1497		-	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 4
1498		-	organization, or related institution requests the information in writing; 5
1499		-
1500		-	(ii) A disciplinary panel has issued an order as to a [licensed 6
1501		-	physician] LICENSEE on whom the information is requested; and 7
1502		-
1503		-	(iii) The Board determines that the information requested is 8
1504		-	necessary for an investigation or action of the committee as to a medical privilege of a 9
1505		-	[licensed physician] LICENSEE; or 10
1506		-
1507		-	(2) The Secretary, the Office of Health Care Quality in the Department, 11
1508		-	the Maryland Health Care Commission, or the Health Services Cost Review Commission 12
1509		-	for the purpose of investigating quality or utilization of care in any entity regulated by the 13
1510		-	Office of Health Care Quality or the Health Services Cost Review Commission. 14
1511		-
1512		-	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 15
1513		-	or other health care facilities where a [physician or an allied health professional] 16
1514		-	LICENSEE regulated by the Board has privileges, has a provider contract with a health 17
1515		-	maintenance organization, or is employed of a complaint or report filed against that 18
1516		-	[physician] LICENSEE, if: 19
1517		-
1518		-	(i) The Board determines, in its discretion, that the hospital, health 20
1519		-	maintenance organization, or health care facility should be informed about the report or 21
1520		-	complaint; 22
1521		-
1522		-	(ii) The nature of the complaint suggests a reasonable possibility of 23
1523		-	an imminent threat to patient safety; or 24
1524		-
1525		-	(iii) The complaint or report was as a result of a claim filed in the 25
1526		-	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 26
1527		-	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 27
1528		-
1529		-	(2) The Board shall disclose any information pertaining to a [physician’s] 28
1530		-	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 29
1531		-	to a committee of a hospital, health maintenance organization, or other health care facility 30
1532		-	if: 31
1533		-
1534		-	(i) The committee is concerned with [physician] LICENSEE 32
1535		-	discipline and requests the information in writing; and 33
1536		-	HOUSE BILL 962 33
1537		-
1538		-
1539		-	(ii) The Board has received a complaint or report pursuant to 1
1540		-	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 2
1541		-	the information is requested. 3
1542		-
1543		-	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 4
1544		-	this subtitle, notify those hospitals, health maintenance organizations, or health care 5
1545		-	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 6
1546		-	health maintenance organization, or is employed of its formal action within 10 days after 7
1547		-	the action is taken and shall provide the hospital, health maintenance organization, or 8
1548		-	health care facility with periodic reports as to enforcement or monitoring of a formal 9
1549		-	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 10
1550		-	reports. 11
1551		-
1552		-	(h) On the request of a person who has made a complaint to the Board regarding 12
1553		-	a [physician] LICENSEE, the Board shall provide the person with information on the status 13
1554		-	of the complaint. 14
1555		-
1556		-	(j) The Board may disclose any information contained in a record to a licensing 15
1557		-	or disciplinary authority of another state if: 16
1558		-
1559		-	(1) The licensing or disciplinary authority of another state that regulates 17
1560		-	[licensed physicians] LICENSEES in that state requests the information in writing; and 18
1561		-
1562		-	(2) The disclosure of any information is limited to the pendency of an 19
1563		-	allegation of a ground for disciplinary or other action by a disciplinary panel until: 20
1564		-
1565		-	(i) The disciplinary panel has passed an order under § 14–406 of 21
1566		-	this subtitle; or 22
1567		-
1568		-	(ii) A [licensed physician] LICENSEE on whom the information is 23
1569		-	requested authorizes a disclosure as to the facts of an allegation or the results of an 24
1570		-	investigation before the Board. 25
1571		-
1572		-	(k) The Board may disclose any information contained in a record to a person if: 26
1573		-
1574		-	(1) A [licensed physician] LICENSEE on whom any information is 27
1575		-	requested authorizes the person to receive the disclosure; 28
1576		-
1577		-	(2) The person requests the information in writing; and 29
1578		-
1579		-	(3) The authorization for the disclosure is in writing. 30
1580		-
1581		-	(p) (1) The Board may publish a summary of any allegations of grounds for 31
1582		-	disciplinary or other action. 32
1583		-
1584		-	(2) A summary may not identify: 33 34 HOUSE BILL 962
1585		-
1586		-
1587		-
1588		-	(i) Any person who makes an allegation to the Board or any of its 1
1589		-	investigatory bodies; 2
1590		-
1591		-	(ii) A [licensed physician] LICENSEE about whom an allegation is 3
1592		-	made; or 4
1593		-
1594		-	(iii) A witness in an investigation or a proceeding before the Board or 5
1595		-	any of its investigatory bodies. 6
1596		-
1597		-	14–411.1. 7
1598		-
1599		-	(b) The Board shall create and maintain a public individual profile on each 8
1600		-	licensee that includes the following information: 9
1601		-
1602		-	(1) A summary of charges filed against the licensee, including a copy of the 10
1603		-	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–515 11
1604		-	of this subtitle based on the charges or has rescinded the charges; 12
1605		-
1606		-	(2) A description of any disciplinary action taken by the Board or a 13
1607		-	disciplinary panel against the licensee within the most recent 10–year period that includes 14
1608		-	a copy of the public order; 15
1609		-
1610		-	(3) A description in summary form of any final disciplinary action taken by 16
1611		-	a licensing board in any other state or jurisdiction against the licensee within the most 17
1612		-	recent 10–year period; 18
1613		-
1614		-	(4) A description of a conviction or entry of a plea of guilty or nolo 19
1615		-	contendere by the licensee for a crime involving moral turpitude reported to the Board 20
1616		-	under § 14–416 of this subtitle; and 21
1617		-
1618		-	[(5) As reported to the Board by the licensee, education and practice 22
1619		-	information about the licensee including: 23
1620		-
1621		-	(i) The name of any medical school that the licensee attended and 24
1622		-	the date on which the licensee graduated from the school; 25
1623		-
1624		-	(ii) A description of any internship and residency training; 26
1625		-
1626		-	(iii) A description of any specialty board certification by a recognized 27
1627		-	board of the American Board of Medical Specialties or the American Osteopathic 28
1628		-	Association; 29
1629		-
1630		-	(iv) The name of any hospital where the licensee has medical 30
1631		-	privileges; 31
1632		-
1633		-	(v) The location of the licensee’s primary practice setting; 32 HOUSE BILL 962 35
1634		-
1635		-
1636		-
1637		-	(vi) Whether the licensee participates in the Maryland Medical 1
1638		-	Assistance Program; 2
1639		-
1640		-	(vii) Whether the licensee maintains medical professional liability 3
1641		-	insurance; and 4
1642		-
1643		-	(viii) The number of medical malpractice final court judgments and 5
1644		-	arbitration awards against the licensee within the most recent 10–year period.] 6
1645		-
1646		-	(5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–516 7
1647		-	OF THIS TITLE. 8
1648		-
1649		-	(c) In addition to the requirements of subsection (b) of this section, the Board 9
1650		-	shall: 10
1651		-
1652		-	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF IN ITIAL 11
1653		-	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 12
1654		-	BOARD’S WEBSITE; 13
1655		-
1656		-	(2) Provide appropriate and accessible Internet links from the Board’s 14
1657		-	[Internet site] WEBSITE: 15
1658		-
1659		-	(i) To the extent available, to the appropriate portion of the 16
1660		-	[Internet site] WEBSITE of each health maintenance organization licensed in this State 17
1661		-	which will allow the public to ascertain the names of the physicians affiliated with the 18
1662		-	health maintenance organization; and 19
1663		-
1664		-	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 20
1665		-	American Medical Association; 21
1666		-
1667		-	[(2)] (3) Include a statement on each licensee’s profile of information to 22
1668		-	be taken into consideration by a consumer when viewing a licensee’s profile, including 23
1669		-	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 24
1670		-	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 25
1671		-	and 26
1672		-
1673		-	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 27
1674		-
1675		-	(i) Notification that a person may contact the Board by telephone, 28
1676		-	electronic mail, or written request to find out whether the number of medical malpractice 29
1677		-	settlements involving a particular licensee totals three or more with a settlement amount 30
1678		-	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 31
1679		-	36 HOUSE BILL 962
1680		-
1681		-
1682		-	(ii) A telephone number, electronic mail address, and physical 1
1683		-	address through which a person may contact the Board to request the information required 2
1684		-	to be provided under item (i) of this item. 3
1685		-
1686		-	(d) The Board: 4
1687		-
1688		-	(1) On receipt of a written request for a licensee’s profile from any person, 5
1689		-	shall forward a written copy of the profile to the person; 6
1690		-
1691		-	(2) Shall maintain a website that serves as a single point of entry where 7
1692		-	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 8
1693		-	public on the Internet; and 9
1694		-
1695		-	(3) On receipt of a verbal, electronic, or written request in accordance with 10
1696		-	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 11
1697		-	days of the request. 12
1698		-
1699		-	14–413. 13
1700		-
1701		-	(A) A person may not make any false statement, report, or representation to the 14
1702		-	Board or a disciplinary panel. 15
1703		-
1704		-	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SUBTITLE IS 16
	1862	+	1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 26
	1863	+	ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 27
	1864	+	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 28
	1865	+	TITLE; 29
	1866	+	40 HOUSE BILL 962
	1867	+
	1868	+
	1869	+	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 1
	1870	+	OTHER JURISDICTION ; 2
	1871	+
	1872	+	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 3
	1873	+	THAT THE BOARD REQUIRES ; AND 4
	1874	+
	1875	+	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 5
	1876	+	THE BOARD; AND 6
	1877	+
	1878	+	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 7
	1879	+	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 8
	1880	+	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 9
	1881	+
	1882	+	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 10
	1883	+	SUBSECTION. 11
	1884	+
	1885	+	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 12
	1886	+	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 13
	1887	+	METHODS, DEVICES, AND PRO GRAMS IN USE AMONG T HE VARIOUS MEDICAL 14
	1888	+	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 15
	1889	+
	1890	+	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 16
	1891	+	LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING EDUCATION 17
	1892	+	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED, VOLUNTARY 18
	1893	+	MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 19
	1894	+
	1895	+	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 20
	1896	+	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 21
	1897	+	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 22
	1898	+	THAT COMMUNITY . 23
	1899	+
	1900	+	14–505. 24
	1901	+
	1902	+	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 25
	1903	+	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 26
	1904	+	subtitle, if the applicant: 27
	1905	+
	1906	+	(1) Has studied medicine at a foreign medical school; 28
	1907	+
	1908	+	(2) Is certified by the Educational Commission for Foreign Medical 29
	1909	+	Graduates or by its successor as approved by the Board; 30
	1910	+
	1911	+	(3) Passes a qualifying examination for foreign medical school graduates 31
	1912	+	required by the Board; 32 HOUSE BILL 962 41
	1913	+
	1914	+
	1915	+
	1916	+	(4) Meets any other qualifications for foreign medical school graduates that 1
	1917	+	the Board establishes in its regulation for licensing of applicants; 2
	1918	+
	1919	+	(5) Submits acceptable evidence to the Board of the requirements set in the 3
	1920	+	Board’s regulations; and 4
	1921	+
	1922	+	(6) Meets one of the following requirements: 5
	1923	+
	1924	+	(i) The applicant graduated from any foreign medical school and 6
	1925	+	submits evidence acceptable to the Board of successful completion of 2 years of training in 7
	1926	+	a postgraduate medical education program accredited by an accrediting organization 8
	1927	+	recognized by the Board; or 9
	1928	+
	1929	+	(ii) The applicant successfully completed a fifth pathway program 10
	1930	+	and submits evidence acceptable to the Board that the applicant: 11
	1931	+
	1932	+	1. Has a document issued by the foreign medical school 12
	1933	+	certifying that the applicant completed all of the formal requirements of that school for the 13
	1934	+	study of medicine, except for the postgraduate or social service components as required by 14
	1935	+	the foreign country or its medical school; 15
	1936	+
	1937	+	2. Has successfully completed a fifth pathway program; and 16
	1938	+
	1939	+	3. Has successfully completed 2 years of training in a 17
	1940	+	postgraduate medical education program following completion of a Board approved fifth 18
	1941	+	pathway program. 19
	1942	+
	1943	+	14–506. 20
	1944	+
	1945	+	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 21
	1946	+	under this title is entitled to sit for an examination as provided under this section or any 22
	1947	+	regulations adopted to carry out this section. 23
	1948	+
	1949	+	14–510. 24
	1950	+
	1951	+	(a) The Board may: 25
	1952	+
	1953	+	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 26
	1954	+	conceded eminence and authority of the applicant in the profession if the applicant: 27
	1955	+
	1956	+	(i) Is recommended to the Board by: 28
	1957	+
	1958	+	1. The dean of a school of medicine in the State; or 29
	1959	+
	1960	+	2. The Director of the National Institutes of Health; 30
	1961	+	42 HOUSE BILL 962
	1962	+
	1963	+
	1964	+	(ii) Is to receive an appointment at the institution making the 1
	1965	+	recommendation under item (i) of this paragraph; and 2
	1966	+
	1967	+	(iii) Meets any other requirement the Board may adopt by regulation 3
	1968	+	under this section; 4
	1969	+
	1970	+	(2) Define by regulation the term “conceded eminence and authority in the 5
	1971	+	profession” and, for this purpose, shall consider such criteria as: 6
	1972	+
	1973	+	(i) Academic appointments; 7
	1974	+
	1975	+	(ii) Length of time in the profession; 8
	1976	+
	1977	+	(iii) Scholarly publications; and 9
	1978	+
	1979	+	(iv) Professional accomplishments; 10
	1980	+
	1981	+	(3) Adopt regulations concerning the further qualifications of an applicant 11
	1982	+	for licensure, including conditions of employment, application procedures, and fees under 12
	1983	+	this section; 13
	1984	+
	1985	+	(4) Allow an exception to the general education and examination 14
	1986	+	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 15
	1987	+	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 16
	1988	+	14–301(A) THROUGH (C) of this [subtitle] TITLE; 17
	1989	+
	1990	+	(5) Qualify, restrict, or otherwise limit a license granted under this section; 18
	1991	+	and 19
	1992	+
	1993	+	(6) Require a 6–month probationary period during which the medical 20
	1994	+	services performed by the applicant granted a license under this section are supervised by 21
	1995	+	another licensed physician. 22
	1996	+
	1997	+	14–511. 23
	1998	+
	1999	+	(b) The Board shall issue a license to an individual who is on inactive status if the 24
	2000	+	individual: 25
	2001	+
	2002	+	(1) Submits to the Board: 26
	2003	+
	2004	+	(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 27
	2005	+	of this [subtitle] TITLE; 28
	2006	+
	2007	+	(ii) Satisfactory evidence of compliance with the continuing 29
	2008	+	education requirements the Board adopts for this purpose; and 30
	2009	+
	2010	+	(iii) A reinstatement fee set by the Board; and 31 HOUSE BILL 962 43
	2011	+
	2012	+
	2013	+
	2014	+	(2) Is otherwise entitled to be licensed. 1
	2015	+
	2016	+	14–513. 2
	2017	+
	2018	+	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 3
	2019	+	OF A MISDEMEANOR AND ON CO NVICTION IS SUBJECT TO A FINE NOT EXCEED ING 4
	2020	+	$500. 5
	2021	+
	2022	+	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 6
	2023	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 7
	2024	+
	2025	+	14–514. 8
	2026	+
	2027	+	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 9
	2028	+	IS MADE BY A PATIENT OR A FA MILY MEMBER OF A PAT IENT BASED ON § 10
	2029	+	14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 11
	2030	+	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 12
	2031	+	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 13
	2032	+	PRESENT AT OR ABOUT THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 14
	2033	+	ALLEGATION OCCURRED . 15
	2034	+
	2035	+	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 16
	2036	+	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 17
	2037	+	DISCIPLINARY PANEL M AY: 18
	2038	+
	2039	+	(I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 19
	2040	+	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 20
	2041	+	THIS SECTION; OR 21
	2042	+
	2043	+	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 22
	2044	+	NECESSARY. 23
	2045	+
	2046	+	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 24
	2047	+	COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 25
	2048	+	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 26
	2049	+	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 27
	2050	+	THAT HAVE CONTRACTED WITH THE BOARD UN DER SUBSECTION (D) OF THIS 28
	2051	+	SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEW WITHIN THE 29
	2052	+	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 30
	2053	+
	2054	+	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 31
	2055	+	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 32 44 HOUSE BILL 962
	2056	+
	2057	+
	2058	+	UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 1
	2059	+	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 2
	2060	+
	2061	+	(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 3
	2062	+	PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 4
	2063	+	ANCILLARY SERVICES DOES NO T CONSTITUTE GROUNDS FOR DISCIPLINARY OR 5
	2064	+	OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 6
	2065	+	THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 7
	2066	+
	2067	+	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 8
	2068	+	COMPLAINTS THA T SET FORTH ALLEGATI ONS OF GROUNDS FOR D ISCIPLINARY 9
	2069	+	ACTION UNDER § 14–515 OF THIS SUBTITLE. 10
	2070	+
	2071	+	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 11
	2072	+	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 12
	2073	+	CONFIDENTIAL PHYSICI AN PEER REVIEW OF ALLEGATION S BASED ON § 13
	2074	+	14–515(A)(22) OF THIS SUBTITLE. 14
	2075	+
	2076	+	(2) A PEER REVIEWER SHALL : 15
	2077	+
	2078	+	(I) BE BOARD CERTIFIED ; 16
	2079	+
	2080	+	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 17
	2081	+	HAND; 18
	2082	+
	2083	+	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 19
	2084	+	EXPERIENCE AND TRAINING; 20
	2085	+
	2086	+	(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 21
	2087	+	OWN LICENSE; 22
	2088	+
	2089	+	(V) RECEIVE TRAINING IN P EER REVIEW; 23
	2090	+
	2091	+	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 24
	2092	+	AND 25
	2093	+
	2094	+	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 26
	2095	+	IN THE PRACTICE OF MEDICINE IN THE STATE. 27
	2096	+
	2097	+	(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 28
	2098	+	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 29
	2099	+	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 30
	2100	+	HOUSE BILL 962 45
	2101	+
	2102	+
	2103	+	14–515. 1
	2104	+
	2105	+	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 2
	2106	+	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 3
	2107	+	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 4
	2108	+	a license if the licensee: 5
	2109	+
	2110	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 6
	2111	+	the applicant or licensee or for another; 7
	2112	+
	2113	+	(2) Fraudulently or deceptively uses a license; 8
	2114	+
	2115	+	(3) Is guilty of: 9
	2116	+
	2117	+	(i) Immoral conduct in the practice of medicine; or 10
	2118	+
	2119	+	(ii) Unprofessional conduct in the practice of medicine; 11
	2120	+
	2121	+	(4) Is professionally, physically, or mentally incompetent; 12
	2122	+
	2123	+	(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 13
	2124	+	SUBTITLE; 14
	2125	+
	2126	+	(6) Abandons a patient; 15
	2127	+
	2128	+	(7) Habitually is intoxicated; 16
	2129	+
	2130	+	(8) Is addicted to, or habitually abuses, any narcotic or controlled 17
	2131	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 18
	2132	+
	2133	+	(9) Provides professional services: 19
	2134	+
	2135	+	(i) While under the influence of alcohol; or 20
	2136	+
	2137	+	(ii) While using any narcotic or controlled dangerous substance, as 21
	2138	+	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 22
	2139	+	amounts or without valid medical indication; 23
	2140	+
	2141	+	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 24
	2142	+	as to exploit the patient for financial gain; 25
	2143	+
	2144	+	(11) Willfully makes or files a false report or record in the practice of 26
	2145	+	medicine; 27
	2146	+
	2147	+	(12) Willfully fails to file or record any medical report as required under law, 28
	2148	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 29
	2149	+	to file or record the report; 30 46 HOUSE BILL 962
	2150	+
	2151	+
	2152	+
	2153	+	(13) On proper request, and in accordance with the provisions of Title 4, 1
	2154	+	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 2
	2155	+	record to the patient, another physician, or hospital; 3
	2156	+
	2157	+	(14) Solicits professional patronage through an agent or other person or 4
	2158	+	profits from the acts of a person who is represented as an agent of the physician; 5
	2159	+
	2160	+	(15) Pays or agrees to pay any sum to any person for bringing or referring a 6
	2161	+	patient or accepts or agrees to accept any sum from any person for bringing or referring a 7
	2162	+	patient; 8
	2163	+
	2164	+	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 9
	2165	+	the laboratory for a test or test series for a patient, unless the licensed physician discloses 10
	2166	+	on the bill to the patient or third–party payor: 11
	2167	+
	2168	+	(i) The name of the laboratory; 12
	2169	+
	2170	+	(ii) The amount paid to the laboratory for the test or test series; and 13
	2171	+
	2172	+	(iii) The amount of procurement or processing charge of the licensed 14
	2173	+	physician, if any, for each specimen taken; 15
	2174	+
	2175	+	(17) Makes a willful misrepresentation in treatment; 16
	2176	+
	2177	+	(18) Practices medicine with an unauthorized person or aids an 17
	2178	+	unauthorized person in the practice of medicine; 18
	2179	+
	2180	+	(19) Grossly overutilizes health care services; 19
	2181	+
	2182	+	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 20
	2183	+	method, treatment, or medicine; 21
	2184	+
	2185	+	(21) Is disciplined by a licensing or disciplinary authority or convicted or 22
	2186	+	disciplined by a court of any state or country or disciplined by any branch of the United 23
	2187	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 24
	2188	+	for disciplinary action under this section; 25
	2189	+
	2190	+	(22) Fails to meet appropriate standards as determined by appropriate peer 26
	2191	+	review for the delivery of quality medical and surgical care performed in an outpatient 27
	2192	+	surgical facility, office, hospital, or any other location in this State; 28
	2193	+
	2194	+	(23) Willfully submits false statements to collect fees for which services are 29
	2195	+	not provided; 30
	2196	+	HOUSE BILL 962 47
	2197	+
	2198	+
	2199	+	(24) Was subject to investigation or disciplinary action by a licensing or 1
	2200	+	disciplinary authority or by a court of any state or country for an act that would be grounds 2
	2201	+	for disciplinary action under this section and the licensee: 3
	2202	+
	2203	+	(i) Surrendered the license issued by the state or country to the 4
	2204	+	state or country; or 5
	2205	+
	2206	+	(ii) Allowed the license issued by the state or country to expire or 6
	2207	+	lapse; 7
	2208	+
	2209	+	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 8
	2210	+	of the Family Law Article; 9
	2211	+
	2212	+	(26) Fails to educate a patient being treated for breast cancer of alternative 10
	2213	+	methods of treatment as required by § 20–113 of the Health – General Article; 11
	2214	+
	2215	+	(27) Sells, prescribes, gives away, or administers drugs for illegal or 12
	2216	+	illegitimate medical purposes; 13
	2217	+
	2218	+	(28) Fails to comply with the provisions of § 12–102 of this article; 14
	2219	+
	2220	+	(29) Refuses, withholds from, denies, or discriminates against an individual 15
	2221	+	with regard to the provision of professional services for which the licensee is licensed and 16
	2222	+	qualified to render because the individual is HIV positive; 17
	2223	+
	2224	+	(30) Except as to an association that has remained in continuous existence 18
	2225	+	since July 1, 1963: 19
	2226	+
	2227	+	(i) Associates with a pharmacist as a partner or co–owner of a 20
	2228	+	pharmacy for the purpose of operating a pharmacy; 21
	2229	+
	2230	+	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 22
	2231	+	or 23
	2232	+
	2233	+	(iii) Contracts with a pharmacist for the purpose of operating a 24
	2234	+	pharmacy; 25
	2235	+
	2236	+	(31) Except in an emergency life–threatening situation where it is not 26
	2237	+	feasible or practicable, fails to comply with the Centers for Disease Control and 27
	2238	+	Prevention’s guidelines on universal precautions; 28
	2239	+
	2240	+	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 29
	2241	+	subtitle; 30
	2242	+
	2243	+	(33) Fails to cooperate with a lawful investigation conducted by the Board 31
	2244	+	or a disciplinary panel; 32
	2245	+	48 HOUSE BILL 962
	2246	+
	2247	+
	2248	+	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 1
	2249	+	Article; 2
	2250	+
	2251	+	(35) Is in breach of a service obligation resulting from the applicant’s or 3
	2252	+	licensee’s receipt of State or federal funding for the licensee’s medical education; 4
	2253	+
	2254	+	(36) Willfully makes a false representation when seeking or making 5
	2255	+	application for licensure or any other application related to the practice of medicine; 6
	2256	+
	2257	+	(37) By corrupt means, threats, or force, intimidates or influences, or 7
	2258	+	attempts to intimidate or influence, for the purpose of causing any person to withhold or 8
	2259	+	change testimony in hearings or proceedings before the Board or a disciplinary panel or 9
	2260	+	those otherwise delegated to the Office of Administrative Hearings; 10
	2261	+
	2262	+	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 11
	2263	+	delays any person from making information available to the Board or a disciplinary panel 12
	2264	+	in furtherance of any investigation of the Board or a disciplinary panel; 13
	2265	+
	2266	+	(39) Intentionally misrepresents credentials for the purpose of testifying or 14
	2267	+	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 15
	2268	+	panel or those otherwise delegated to the Office of Administrative Hearings; 16
	2269	+
	2270	+	(40) Fails to keep adequate medical records as determined by appropriate 17
	2271	+	peer review; 18
	2272	+
	2273	+	(41) Performs a cosmetic surgical procedure in an office or a facility that is 19
	2274	+	not: 20
	2275	+
	2276	+	(i) Accredited by: 21
	2277	+
	2278	+	1. The American Association for Accreditation of Ambulatory 22
	2279	+	Surgical Facilities; 23
	2280	+
	2281	+	2. The Accreditation Association for Ambulatory Health 24
	2282	+	Care; or 25
	2283	+
	2284	+	3. The Joint Commission on the Accreditation of Healthcare 26
	2285	+	Organizations; or 27
	2286	+
	2287	+	(ii) Certified to participate in the Medicare program, as enacted by 28
	2288	+	Title XVIII of the Social Security Act; 29
	2289	+
	2290	+	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 30
	2291	+	14–302 of this title; 31
	2292	+	HOUSE BILL 962 49
	2293	+
	2294	+
	2295	+	(43) Except for the licensure process described under Subtitle 3A of this title, 1
	2296	+	violates any provision of this title, any rule or regulation adopted by the Board, or any State 2
	2297	+	or federal law pertaining to the practice of medicine; 3
	2298	+
	2299	+	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 4
	2300	+	AND Subtitle 3 of this title; 5
	2301	+
	2302	+	(45) Fails to comply with § 1–223 of this article; or 6
	2303	+
	2304	+	(46) Fails to comply with the requirements of the Prescription Drug 7
	2305	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 8
	2306	+
	2307	+	14–516. 9
	2308	+
	2309	+	THE PUBLIC INDIVIDUAL PROFILE F OR A LICENSED PHYSIC IAN CREATED AND 10
	2310	+	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 11
	2311	+	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 12
	2312	+	THE LICENSEE INCLUDI NG: 13
	2313	+
	2314	+	(1) THE NAME OF ANY MEDIC AL SCHOO L THAT THE LICENSEE 14
	2315	+	ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 15
	2316	+	SCHOOL; 16
	2317	+
	2318	+	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 17
	2319	+
	2320	+	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 18
	2321	+	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 19
	2322	+	AMERICAN OSTEOPATHIC ASSOCIATION; 20
	2323	+
	2324	+	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 21
	2325	+	PRIVILEGES; 22
	2326	+
	2327	+	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 23
	2328	+
	2329	+	(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 24
	2330	+	MEDICAL ASSISTANCE PROGRAM; 25
	2331	+
	2332	+	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 26
	2333	+	LIABILITY INSURANCE ; AND 27
	2334	+
	2335	+	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 28
	2336	+	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 29
	2337	+	RECENT 10–YEAR PERIOD. 30
	2338	+	50 HOUSE BILL 962
	2339	+
	2340	+
	2341	+	14–517. 1
	2342	+
	2343	+	(a) (1) Each hospital and related institution shall submit to the Board a report 2
	2344	+	within 10 days after: 3
	2345	+
	2346	+	(i) The hospital or related institution denied the application of a 4
	2347	+	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 5
	2348	+	privileges of a physician, or the physician resigned whether or not under formal accusation, 6
	2349	+	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 7
	2350	+	might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 8
	2351	+
	2352	+	(ii) The hospital or related institution took any disciplinary action 9
	2353	+	against a salaried, licensed physician without staff privileges, including termination of 10
	2354	+	employment, suspension, or probation, for reasons that might be grounds for disciplinary 11
	2355	+	action under [§ 14–404] § 14–515 of this subtitle; 12
	2356	+
	2357	+	(iii) A licensed physician voluntarily resigned from the staff, employ, 13
	2358	+	or training program of the hospital or related institution for reasons that might be grounds 14
	2359	+	for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 15
	2360	+
	2361	+	(iv) The hospital or related institution placed any other restrictions 16
	2362	+	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 17
	2363	+	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 18
	2364	+	§ 14–515 of this subtitle. 19
	2365	+
	2366	+	14–518. 20
	2367	+
	2368	+	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 21
	2369	+	submit to the Board a report within 10 days after: 22
	2370	+
	2371	+	(i) The alternative health system denied the formal application of a 23
	2372	+	physician to contract with the alternative health system or limited, reduced, otherwise 24
	2373	+	changed, or terminated the contract of a physician, or the physician resigned whether or 25
	2374	+	not under formal accusation, if the denial, limitation, reduction, change, termination, or 26
	2375	+	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 27
	2376	+	14–515 of this subtitle; or 28
	2377	+
	2378	+	(ii) The alternative health system placed any other restrictions or 29
	2379	+	conditions on any licensed physician for any reasons that might be grounds for disciplinary 30
	2380	+	action under [§ 14–404] § 14–515 of this subtitle. 31
	2381	+
	2382	+	14–521. 32
	2383	+
	2384	+	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 33
	2385	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 34
	2386	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 35 HOUSE BILL 962 51
	2387	+
	2388	+
	2389	+
	2390	+	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
	2391	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
	2392	+
	2393	+	14–524. 3
	2394	+
	2395	+	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 4
	2396	+	GUILTY OF A MIS DEMEANOR AND ON CONV ICTION IS SUBJECT TO A FINE NOT 5
	2397	+	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 6
	2398	+
	2399	+	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 7
	2400	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 8
	2401	+
	2402	+	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 9
	2403	+	or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 10
	2404	+	by injunction or other appropriate proceedings. 11
	2405	+
	2406	+	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 12
	2407	+	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 13
	2408	+	SECTION. 14
	2409	+
	2410	+	14–525. 15
	2411	+
	2412	+	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 16
1705	2413		GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FINE NO T 17
1706	2414		EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 18
1707	2415
1708		-	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 19
1709		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 20
1710		-
1711		-	14–416. 21
1712		-
1713		-	(a) Each court shall report to the Board each conviction of or entry of a plea of 22
1714		-	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 23
1715		-	turpitude. 24
1716		-
1717		-	14–417. 25
1718		-
1719		-	(A) (1) EACH LICENSEE SHALL N OTIFY THE SECRETARY OF THE BOARD 26
1720		-	IN WRITING OF ANY CHANGE IN THE LICENSEE’S NAME OR ADDRESS WI THIN 60 DAYS 27
1721		-	AFTER THE CHANGE . 28
1722		-
1723		-	(2) IF A LICENSEE FAILS T O NOTIFY THE SECRETARY OF THE BOARD 29
1724		-	WITHIN THE TIME REQU IRED UNDER THIS SECT ION, THE LICENSEE IS SUBJ ECT TO 30
1725		-	AN ADMINISTRATIVE PE NALTY OF $100. 31
1726		-	HOUSE BILL 962 37
1727		-
1728		-
1729		-	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 1
1730		-	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 2
1731		-	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 3
1732		-	EDUCATION CREDITS RE QUIRED BY THE BOARD. 4
1733		-
1734		-	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 5
1735		-
1736		-	14–503. 6
1737		-
1738		-	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 7
1739		-	this section. 8
1740		-
1741		-	(2) Before it adopts any rule or regulation under this section, the Board 9
1742		-	shall invite and consider proposals from any individual or health group that could be 10
1743		-	affected by the rule or regulation. 11
1744		-
1745		-	(e) Except as otherwise provided in this section, an individual may perform 12
1746		-	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 13
1747		-
1748		-	(1) Do not include: 14
1749		-
1750		-	(i) Computerized or noncomputerized tomography; 15
1751		-
1752		-	(ii) Fluoroscopy; 16
1753		-
1754		-	(iii) Invasive radiology; 17
1755		-
1756		-	(iv) Mammography; 18
1757		-
1758		-	(v) Nuclear medicine; 19
1759		-
1760		-	(vi) Radiation therapy; or 20
1761		-
1762		-	(vii) Xerography; 21
1763		-
1764		-	(2) Are limited to X–ray procedures of the: 22
1765		-
1766		-	(i) Chest, anterior–posterior and lateral; 23
1767		-
1768		-	(ii) Spine, anterior–posterior and lateral; or 24
1769		-
1770		-	(iii) Extremities, anterior–posterior and lateral, not including the 25
1771		-	head; and 26
1772		-
1773		-	(3) Are performed: 27
1774		-	38 HOUSE BILL 962
1775		-
1776		-
1777		-	(i) By an individual who is not employed primarily to perform 1
1778		-	X–ray duties; 2
1779		-
1780		-	(ii) In the medical office of the physician who delegates the duties; 3
1781		-	and 4
1782		-
1783		-	(iii) 1. By an individual who, before October 1, 2002, has: 5
1784		-
1785		-	A. Taken a course consisting of at least 30 hours of training 6
1786		-	in performing X–ray procedures approved by the Maryland Radiological Society in 7
1787		-	consultation with the Maryland Society of Radiologic Technologists; and 8
1788		-
1789		-	B. Successfully passed an examination based on that course 9
1790		-	that has been approved by the Maryland Radiological Society in consultation with the 10
1791		-	Maryland Society of Radiologic Technologists; or 11
1792		-
1793		-	2. By a licensed physician assistant who has completed a 12
1794		-	course that includes anterior–posterior and lateral radiographic studies of extremities on 13
1795		-	at least 20 separate patients under the direct supervision of the delegating physician or 14
1796		-	radiologist using a mini C–arm or similar low–level radiation machine to perform 15
1797		-	nonfluoroscopic X–ray procedures, if the duties: 16
1798		-
1799		-	A. Include only the X–ray procedures described in paragraph 17
1800		-	(2)(iii) of this subsection; and 18
1801		-
1802		-	B. Are performed pursuant to a Board–approved delegation 19
1803		-	agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 20
1804		-	14–5H–08(C)(2) of this [article] TITLE. 21
1805		-
1806		-	14–504. 22
1807		-
1808		-	(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 23
1809		-	THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 24
1810		-	REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 25
1811		-
1812		-	(B) EXCEPT AS PROVIDED IN § 14–505 OF THIS SUBTITLE , THE APPLICANT 26
1813		-	SHALL: 27
1814		-
1815		-	(1) (I) HAVE A DEGREE OF DOCT OR OF MEDICINE FROM A 28
1816		-	MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 29
1817		-	THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 30
1818		-
1819		-	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 31
1820		-	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGR ADUATE MEDICAL 32 HOUSE BILL 962 39
1821		-
1822		-
1823		-	TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 1
1824		-	THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 2
1825		-
1826		-	(2) (I) HAVE A DEGREE OF DOCT OR OF OSTEOPATHY FRO M A 3
1827		-	SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 4
1828		-	POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 5
1829		-	EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 6
1830		-	ASSOCIATION; AND 7
1831		-
1832		-	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 8
1833		-	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE ME DICAL 9
1834		-	TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 10
1835		-	BOARD RECOGNIZES IN I TS REGULATIONS . 11
1836		-
1837		-	(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 12
1838		-	MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAM INATION 13
1839		-	AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 14
1840		-	THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 15
1841		-
1842		-	(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 16
1843		-	RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 17
1844		-	GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 18
1845		-
1846		-	(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 19
1847		-	MEDICINE: 20
1848		-
1849		-	1. IN THE UNITED STATES OR IN CANADA; 21
1850		-
1851		-	2. WITH AT LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 22
1852		-	WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 23
1853		-
1854		-	3. THAT OCCURRED UNDER A FULL UNRESTRICTED 24
1855		-	LICENSE TO PRACTICE MEDICINE; AND 25
1856		-
1857		-	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 26
1858		-	DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 27
1859		-	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 28
1860		-
1861		-	(3) IS BOARD CERTIFIED . 29
1862		-
1863		-	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 30
1864		-	MEDICINE IF: 31
1865		-	40 HOUSE BILL 962
1866		-
1867		-
1868		-	(I) THE APPLICANT: 1
1869		-
1870		-	1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 2
1871		-	ANOTHER JURISDICTION UNDER REQU IREMENTS THAT THE BOARD DETERMINES 3
1872		-	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 4
1873		-	TITLE; 5
1874		-
1875		-	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 6
1876		-	OTHER JURISDICTION ; 7
1877		-
1878		-	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 8
1879		-	THAT THE BOARD REQUIRES ; AND 9
1880		-
1881		-	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 10
1882		-	THE BOARD; AND 11
1883		-
1884		-	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 12
1885		-	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 13
1886		-	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 14
1887		-
1888		-	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 15
1889		-	SUBSECTION. 16
1890		-
1891		-	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 17
1892		-	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 18
1893		-	METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 19
1894		-	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 20
1895		-
1896		-	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 21
1897		-	LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING EDUCATION 22
1898		-	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 23
1899		-	MEDICAL SERVICE S DURING EACH RENEWA L PERIOD. 24
1900		-
1901		-	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 25
1902		-	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 26
1903		-	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 27
1904		-	THAT COMMUNITY . 28
1905		-
1906		-	14–505. 29
1907		-
1908		-	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 30
1909		-	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 31
1910		-	subtitle, if the applicant: 32
1911		-	HOUSE BILL 962 41
1912		-
1913		-
1914		-	(1) Has studied medicine at a foreign medical school; 1
1915		-
1916		-	(2) Is certified by the Educational Commission for Foreign Medical 2
1917		-	Graduates or by its successor as approved by the Board; 3
1918		-
1919		-	(3) Passes a qualifying examination for foreign medical school graduates 4
1920		-	required by the Board; 5
1921		-
1922		-	(4) Meets any other qualifications for foreign medical school graduates that 6
1923		-	the Board establishes in its regulation for licensing of applicants; 7
1924		-
1925		-	(5) Submits acceptable evidence to the Board of the requirements set in the 8
1926		-	Board’s regulations; and 9
1927		-
1928		-	(6) Meets one of the following requirements: 10
1929		-
1930		-	(i) The applicant graduated from any foreign medical school and 11
1931		-	submits evidence acceptable to the Board of successful completion of 2 years of training in 12
1932		-	a postgraduate medical education program accredited by an accrediting organization 13
1933		-	recognized by the Board; or 14
1934		-
1935		-	(ii) The applicant successfully completed a fifth pathway program 15
1936		-	and submits evidence acceptable to the Board that the applicant: 16
1937		-
1938		-	1. Has a document issued by the foreign medical school 17
1939		-	certifying that the applicant completed all of the formal requirements of that school for the 18
1940		-	study of medicine, except for the postgraduate or social service components as required by 19
1941		-	the foreign country or its medical school; 20
1942		-
1943		-	2. Has successfully completed a fifth pathway program; and 21
1944		-
1945		-	3. Has successfully completed 2 years of training in a 22
1946		-	postgraduate medical education program following completion of a Board approved fifth 23
1947		-	pathway program. 24
1948		-
1949		-	14–506. 25
1950		-
1951		-	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 26
1952		-	under this title is entitled to sit for an examination as provided under this section or any 27
1953		-	regulations adopted to carry out this section. 28
1954		-
1955		-	14–510. 29
1956		-
1957		-	(a) The Board may: 30
1958		-
1959		-	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 31
1960		-	conceded eminence and authority of the applicant in the profession if the applicant: 32 42 HOUSE BILL 962
1961		-
1962		-
1963		-
1964		-	(i) Is recommended to the Board by: 1
1965		-
1966		-	1. The dean of a school of medicine in the State; or 2
1967		-
1968		-	2. The Director of the National Institutes of Health; 3
1969		-
1970		-	(ii) Is to receive an appointment at the institution making the 4
1971		-	recommendation under item (i) of this paragraph; and 5
1972		-
1973		-	(iii) Meets any other requirement the Board may adopt by regulation 6
1974		-	under this section; 7
1975		-
1976		-	(2) Define by regulation the term “conceded eminence and authority in the 8
1977		-	profession” and, for this purpose, shall consider such criteria as: 9
1978		-
1979		-	(i) Academic appointments; 10
1980		-
1981		-	(ii) Length of time in the profession; 11
1982		-
1983		-	(iii) Scholarly publications; and 12
1984		-
1985		-	(iv) Professional accomplishments; 13
1986		-
1987		-	(3) Adopt regulations concerning the further qualifications of an applicant 14
1988		-	for licensure, including conditions of employment, application procedures, and fees under 15
1989		-	this section; 16
1990		-
1991		-	(4) Allow an exception to the general education and examination 17
1992		-	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 18
1993		-	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 19
1994		-	14–301(A) THROUGH (C) of this [subtitle] TITLE; 20
1995		-
1996		-	(5) Qualify, restrict, or otherwise limit a license granted under this section; 21
1997		-	and 22
1998		-
1999		-	(6) Require a 6–month probationary period during which the medical 23
2000		-	services performed by the applicant granted a license under this section are supervised by 24
2001		-	another licensed physician. 25
2002		-
2003		-	14–511. 26
2004		-
2005		-	(b) The Board shall issue a license to an individual who is on inactive status if the 27
2006		-	individual: 28
2007		-
2008		-	(1) Submits to the Board: 29
2009		-	HOUSE BILL 962 43
2010		-
2011		-
2012		-	(i) Satisfactory evidence of compliance with [§ 14–308.1] § 14–302 1
2013		-	of this [subtitle] TITLE; 2
2014		-
2015		-	(ii) Satisfactory evidence of compliance with the continuing 3
2016		-	education requirements the Board adopts for this purpose; and 4
2017		-
2018		-	(iii) A reinstatement fee set by the Board; and 5
2019		-
2020		-	(2) Is otherwise entitled to be licensed. 6
2021		-
2022		-	14–513. 7
2023		-
2024		-	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 8
2025		-	OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT EXCEED ING 9
2026		-	$500. 10
2027		-
2028		-	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 11
2029		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 12
2030		-
2031		-	14–514. 13
2032		-
2033		-	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 14
2034		-	IS MADE BY A PATIENT OR A FAMILY MEMBER O F A PATIENT BASED ON § 15
2035		-	14–515(A)(22) OF THIS SUBTITLE AND A FULL INVESTIGATION RESULTS FROM THAT 16
2036		-	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER OF AN 17
2037		-	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 18
2038		-	PRESENT AT OR ABOUT THE TIME THA T THE INCIDENT THAT GAVE RISE TO THE 19
2039		-	ALLEGATION OCCURRED . 20
2040		-
2041		-	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 21
2042		-	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 22
2043		-	DISCIPLINARY PANEL M AY: 23
2044		-
2045		-	(I) REFER AN ALLEGATION F OR FURTHER INVEST IGATION TO 24
2046		-	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 25
2047		-	THIS SECTION; OR 26
2048		-
2049		-	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 27
2050		-	NECESSARY. 28
2051		-
2052		-	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 29
2053		-	COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 30
2054		-	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–515(A)(22) OF THIS SUBTITLE , THE 31
2055		-	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 32 44 HOUSE BILL 962
2056		-
2057		-
2058		-	THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 1
2059		-	SECTION FOR FUR THER INVESTIGATION A ND PHYSICIAN PEER RE VIEW WITHIN THE 2
2060		-	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 3
2061		-
2062		-	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 4
2063		-	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 5
2064		-	UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALL EGATION THE 6
2065		-	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 7
2066		-
2067		-	(3) IF, AFTER BEING ASSIGNED A COMPLAINT , THE DISCIPLINARY 8
2068		-	PANEL DETERMINES THA T AN ALLEGATION INVO LVING FEES FOR PROFE SSIONAL OR 9
2069		-	ANCILLARY SERVICES D OES NOT CONSTITUTE G ROUNDS F OR DISCIPLINARY OR 10
2070		-	OTHER ACTION , THE DISCIPLINARY PAN EL SHALL OFFER THE C OMPLAINANT AND 11
2071		-	THE LICENSEE AN OPPO RTUNITY TO MEDIATE T HE DISPUTE. 12
2072		-
2073		-	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 13
2074		-	COMPLAINTS THAT SET FORTH ALLEGATIONS OF GROUNDS FOR DISCIPLINARY 14
2075		-	ACTION UNDER § 14–515 OF THIS SUBTITLE. 15
2076		-
2077		-	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 16
2078		-	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 17
2079		-	CONFIDENTIAL PHYSICI AN PEER REVIEW OF AL LEGATIONS BASED ON § 18
2080		-	14–515(A)(22) OF THIS SUBTITLE. 19
2081		-
2082		-	(2) A PEER REVIEWER SHALL : 20
2083		-
2084		-	(I) BE BOARD CERTIFIED ; 21
2085		-
2086		-	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 22
2087		-	HAND; 23
2088		-
2089		-	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 24
2090		-	EXPERIENCE AND TRAIN ING; 25
2091		-
2092		-	(IV) HAVE NO FORMAL A CTIONS AGAINST THE P EER REVIEWER ’S 26
2093		-	OWN LICENSE; 27
2094		-
2095		-	(V) RECEIVE TRAINING IN P EER REVIEW; 28
2096		-
2097		-	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 29
2098		-	AND 30
2099		-	HOUSE BILL 962 45
2100		-
2101		-
2102		-	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGA GED 1
2103		-	IN THE PRACTICE OF M EDICINE IN THE STATE. 2
2104		-
2105		-	(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 3
2106		-	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 4
2107		-	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 5
2108		-
2109		-	14–515. 6
2110		-
2111		-	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 7
2112		-	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 8
2113		-	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 9
2114		-	a license if the licensee: 10
2115		-
2116		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 11
2117		-	the applicant or licensee or for another; 12
2118		-
2119		-	(2) Fraudulently or deceptively uses a license; 13
2120		-
2121		-	(3) Is guilty of: 14
2122		-
2123		-	(i) Immoral conduct in the practice of medicine; or 15
2124		-
2125		-	(ii) Unprofessional conduct in the practice of medicine; 16
2126		-
2127		-	(4) Is professionally, physically, or mentally incompetent; 17
2128		-
2129		-	(5) Solicits or advertises in violation of [§ 14–503] § 14–513 of this [title] 18
2130		-	SUBTITLE; 19
2131		-
2132		-	(6) Abandons a patient; 20
2133		-
2134		-	(7) Habitually is intoxicated; 21
2135		-
2136		-	(8) Is addicted to, or habitually abuses, any narcotic or controlled 22
2137		-	dangerous substance as defined in § 5–101 of the Criminal Law Article; 23
2138		-
2139		-	(9) Provides professional services: 24
2140		-
2141		-	(i) While under the influence of alcohol; or 25
2142		-
2143		-	(ii) While using any narcotic or controlled dangerous substance, as 26
2144		-	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 27
2145		-	amounts or without valid medical indication; 28
2146		-	46 HOUSE BILL 962
2147		-
2148		-
2149		-	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 1
2150		-	as to exploit the patient for financial gain; 2
2151		-
2152		-	(11) Willfully makes or files a false report or record in the practice of 3
2153		-	medicine; 4
2154		-
2155		-	(12) Willfully fails to file or record any medical report as required under law, 5
2156		-	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 6
2157		-	to file or record the report; 7
2158		-
2159		-	(13) On proper request, and in accordance with the provisions of Title 4, 8
2160		-	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 9
2161		-	record to the patient, another physician, or hospital; 10
2162		-
2163		-	(14) Solicits professional patronage through an agent or other person or 11
2164		-	profits from the acts of a person who is represented as an agent of the physician; 12
2165		-
2166		-	(15) Pays or agrees to pay any sum to any person for bringing or referring a 13
2167		-	patient or accepts or agrees to accept any sum from any person for bringing or referring a 14
2168		-	patient; 15
2169		-
2170		-	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 16
2171		-	the laboratory for a test or test series for a patient, unless the licensed physician discloses 17
2172		-	on the bill to the patient or third–party payor: 18
2173		-
2174		-	(i) The name of the laboratory; 19
2175		-
2176		-	(ii) The amount paid to the laboratory for the test or test series; and 20
2177		-
2178		-	(iii) The amount of procurement or processing charge of the licensed 21
2179		-	physician, if any, for each specimen taken; 22
2180		-
2181		-	(17) Makes a willful misrepresentation in treatment; 23
2182		-
2183		-	(18) Practices medicine with an unauthorized person or aids an 24
2184		-	unauthorized person in the practice of medicine; 25
2185		-
2186		-	(19) Grossly overutilizes health care services; 26
2187		-
2188		-	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 27
2189		-	method, treatment, or medicine; 28
2190		-
2191		-	(21) Is disciplined by a licensing or disciplinary authority or convicted or 29
2192		-	disciplined by a court of any state or country or disciplined by any branch of the United 30
2193		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 31
2194		-	for disciplinary action under this section; 32
2195		-	HOUSE BILL 962 47
2196		-
2197		-
2198		-	(22) Fails to meet appropriate standards as determined by appropriate peer 1
2199		-	review for the delivery of quality medical and surgical care performed in an outpatient 2
2200		-	surgical facility, office, hospital, or any other location in this State; 3
2201		-
2202		-	(23) Willfully submits false statements to collect fees for which services are 4
2203		-	not provided; 5
2204		-
2205		-	(24) Was subject to investigation or disciplinary action by a licensing or 6
2206		-	disciplinary authority or by a court of any state or country for an act that would be grounds 7
2207		-	for disciplinary action under this section and the licensee: 8
2208		-
2209		-	(i) Surrendered the license issued by the state or country to the 9
2210		-	state or country; or 10
2211		-
2212		-	(ii) Allowed the license issued by the state or country to expire or 11
2213		-	lapse; 12
2214		-
2215		-	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 13
2216		-	of the Family Law Article; 14
2217		-
2218		-	(26) Fails to educate a patient being treated for breast cancer of alternative 15
2219		-	methods of treatment as required by § 20–113 of the Health – General Article; 16
2220		-
2221		-	(27) Sells, prescribes, gives away, or administers drugs for illegal or 17
2222		-	illegitimate medical purposes; 18
2223		-
2224		-	(28) Fails to comply with the provisions of § 12–102 of this article; 19
2225		-
2226		-	(29) Refuses, withholds from, denies, or discriminates against an individual 20
2227		-	with regard to the provision of professional services for which the licensee is licensed and 21
2228		-	qualified to render because the individual is HIV positive; 22
2229		-
2230		-	(30) Except as to an association that has remained in continuous existence 23
2231		-	since July 1, 1963: 24
2232		-
2233		-	(i) Associates with a pharmacist as a partner or co–owner of a 25
2234		-	pharmacy for the purpose of operating a pharmacy; 26
2235		-
2236		-	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 27
2237		-	or 28
2238		-
2239		-	(iii) Contracts with a pharmacist for the purpose of operating a 29
2240		-	pharmacy; 30
2241		-
2242		-	(31) Except in an emergency life–threatening situation where it is not 31
2243		-	feasible or practicable, fails to comply with the Centers for Disease Control and 32
2244		-	Prevention’s guidelines on universal precautions; 33 48 HOUSE BILL 962
2245		-
2246		-
2247		-
2248		-	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 1
2249		-	subtitle; 2
2250		-
2251		-	(33) Fails to cooperate with a lawful investigation conducted by the Board 3
2252		-	or a disciplinary panel; 4
2253		-
2254		-	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 5
2255		-	Article; 6
2256		-
2257		-	(35) Is in breach of a service obligation resulting from the applicant’s or 7
2258		-	licensee’s receipt of State or federal funding for the licensee’s medical education; 8
2259		-
2260		-	(36) Willfully makes a false representation when seeking or making 9
2261		-	application for licensure or any other application related to the practice of medicine; 10
2262		-
2263		-	(37) By corrupt means, threats, or force, intimidates or influences, or 11
2264		-	attempts to intimidate or influence, for the purpose of causing any person to withhold or 12
2265		-	change testimony in hearings or proceedings before the Board or a disciplinary panel or 13
2266		-	those otherwise delegated to the Office of Administrative Hearings; 14
2267		-
2268		-	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 15
2269		-	delays any person from making information available to the Board or a disciplinary panel 16
2270		-	in furtherance of any investigation of the Board or a disciplinary panel; 17
2271		-
2272		-	(39) Intentionally misrepresents credentials for the purpose of testifying or 18
2273		-	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 19
2274		-	panel or those otherwise delegated to the Office of Administrative Hearings; 20
2275		-
2276		-	(40) Fails to keep adequate medical records as determined by appropriate 21
2277		-	peer review; 22
2278		-
2279		-	(41) Performs a cosmetic surgical procedure in an office or a facility that is 23
2280		-	not: 24
2281		-
2282		-	(i) Accredited by: 25
2283		-
2284		-	1. The American Association for Accreditation of Ambulatory 26
2285		-	Surgical Facilities; 27
2286		-
2287		-	2. The Accreditation Association for Ambulatory Health 28
2288		-	Care; or 29
2289		-
2290		-	3. The Joint Commission on the Accreditation of Healthcare 30
2291		-	Organizations; or 31
2292		-	HOUSE BILL 962 49
2293		-
2294		-
2295		-	(ii) Certified to participate in the Medicare program, as enacted by 1
2296		-	Title XVIII of the Social Security Act; 2
2297		-
2298		-	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 3
2299		-	14–302 of this title; 4
2300		-
2301		-	(43) Except for the licensure process described under Subtitle 3A of this title, 5
2302		-	violates any provision of this title, any rule or regulation adopted by the Board, or any State 6
2303		-	or federal law pertaining to the practice of medicine; 7
2304		-
2305		-	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 8
2306		-	AND Subtitle 3 of this title; 9
2307		-
2308		-	(45) Fails to comply with § 1–223 of this article; or 10
2309		-
2310		-	(46) Fails to comply with the requirements of the Prescription Drug 11
2311		-	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 12
2312		-
2313		-	14–516. 13
2314		-
2315		-	THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AND 14
2316		-	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 15
2317		-	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABO UT 16
2318		-	THE LICENSEE INCLUDI NG: 17
2319		-
2320		-	(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 18
2321		-	ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 19
2322		-	SCHOOL; 20
2323		-
2324		-	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 21
2325		-
2326		-	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTIFICATION B Y A 22
2327		-	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 23
2328		-	AMERICAN OSTEOPATHIC ASSOCIATION; 24
2329		-
2330		-	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 25
2331		-	PRIVILEGES; 26
2332		-
2333		-	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE SETTING; 27
2334		-
2335		-	(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 28
2336		-	MEDICAL ASSISTANCE PROGRAM; 29
2337		-	50 HOUSE BILL 962
2338		-
2339		-
2340		-	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 1
2341		-	LIABILITY INSURANCE ; AND 2
2342		-
2343		-	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 3
2344		-	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 4
2345		-	RECENT 10–YEAR PERIOD. 5
2346		-
2347		-	14–517. 6
2348		-
2349		-	(a) (1) Each hospital and related institution shall submit to the Board a report 7
2350		-	within 10 days after: 8
2351		-
2352		-	(i) The hospital or related institution denied the application of a 9
2353		-	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 10
2354		-	privileges of a physician, or the physician resigned whether or not under formal accusation, 11
2355		-	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 12
2356		-	might be grounds for disciplinary action under [§ 14–404] § 14–515 of this subtitle; 13
2357		-
2358		-	(ii) The hospital or related institution took any disciplinary action 14
2359		-	against a salaried, licensed physician without staff privileges, including termination of 15
2360		-	employment, suspension, or probation, for reasons that might be grounds for disciplinary 16
2361		-	action under [§ 14–404] § 14–515 of this subtitle; 17
2362		-
2363		-	(iii) A licensed physician voluntarily resigned from the staff, employ, 18
2364		-	or training program of the hospital or related institution for reasons that might be grounds 19
2365		-	for disciplinary action under [§ 14–404] § 14–515 of this subtitle; or 20
2366		-
2367		-	(iv) The hospital or related institution placed any other restrictions 21
2368		-	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 22
2369		-	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 23
2370		-	§ 14–515 of this subtitle. 24
2371		-
2372		-	14–518. 25
2373		-
2374		-	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 26
2375		-	submit to the Board a report within 10 days after: 27
2376		-
2377		-	(i) The alternative health system denied the formal application of a 28
2378		-	physician to contract with the alternative health system or limited, reduced, otherwise 29
2379		-	changed, or terminated the contract of a physician, or the physician resigned whether or 30
2380		-	not under formal accusation, if the denial, limitation, reduction, change, termination, or 31
2381		-	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 32
2382		-	14–515 of this subtitle; or 33
2383		-	HOUSE BILL 962 51
2384		-
2385		-
2386		-	(ii) The alternative health system placed any other restrictions or 1
2387		-	conditions on any licensed physician for any reasons that might be grounds for disciplinary 2
2388		-	action under [§ 14–404] § 14–515 of this subtitle. 3
2389		-
2390		-	14–521. 4
2391		-
2392		-	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
2393		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO A FINE NO T 6
2394		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
2395		-
2396		-	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 8
2397		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 9
2398		-
2399		-	14–524. 10
2400		-
2401		-	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SEC TION IS 11
2402		-	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 12
2403		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 13
2404		-
2405		-	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 14
2406		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 15
2407		-
2408		-	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 16
2409		-	or [§ 14–507] § 14–523 of this [title] SUBTITLE and may enforce any provision of this title 17
2410		-	by injunction or other appropriate proceedings. 18
2411		-
2412		-	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 19
2413		-	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 20
2414		-	SECTION. 21
2415		-
2416		-	14–525. 22
2417		-
2418		-	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 23
2419		-	GUILTY OF A MIS DEMEANOR AND ON CONV ICTION IS SUBJECT TO A FINE NOT 24
2420		-	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 25
2421		-
2422		-	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 26
2423		-	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 27
2424		-	PENALTY OF NOT MORE THAN $100. 28
2425		-
2426		-	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 29
2427		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 30
2428		-
2429		-	14–527. 31 52 HOUSE BILL 962
2430		-
2431		-
2432		-
2433		-	(A) Except as otherwise provided in this title, a person may not practice, attempt 1
2434		-	to practice, or offer to practice medicine in this State unless licensed by the Board. 2
2435		-
2436		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 3
2437		-	PERSON WHO VIOLATES THIS SECTION IS: 4
2438		-
2439		-	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 5
2440		-	FINE NOT EXCEEDING $10,000 OR IMPRISO NMENT NOT EXCEEDING 5 YEARS OR 6
2441		-	BOTH; AND 7
2442		-
2443		-	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 8
2444		-	BE LEVIED BY A DISCI PLINARY PANEL . 9
2445		-
2446		-	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 10
2447		-	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A L ICENSE UNDER 11
2448		-	§ 14–306 OF THIS TITLE IF: 12
2449		-
2450		-	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 13
2451		-	OF THE LICENSE; AND 14
2452		-
2453		-	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 15
2454		-	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 16
2455		-
2456		-	(3) THE BOARD SHALL P AY ANY PENALTY COLLE CTED UNDER THIS 17
2457		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 18
2458		-
2459		-	14–528. 19
2460		-
2461		-	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 20
2462		-	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 21
2463		-	word to describe the occupation of the individual as in phrases such as “physician’s 22
2464		-	assistant” or “physician’s aide”. 23
2465		-
2466		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 24
2467		-	PERSON WHO VIOLATES THIS SECTION IS: 25
2468		-
2469		-	(I) GUILTY OF A FELONY AN D ON CONVICTION IS SUBJEC T TO A 26
2470		-	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 27
2471		-	BOTH; AND 28
2472		-
2473		-	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 29
2474		-	BE LEVIED BY A DISCI PLINARY PANEL . 30
	2416	+	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 19
	2417	+	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE FOR A CIVI L 20
	2418	+	PENALTY OF NOT MORE THAN $100. 21
	2419	+
	2420	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
	2421	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
	2422	+
	2423	+	14–527. 24
	2424	+
	2425	+	(A) Except as otherwise provided in this title, a person may not practice, attempt 25
	2426	+	to practice, or offer to practice medicine in this State unless licensed by the Board. 26
	2427	+
	2428	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 27
	2429	+	PERSON WHO VIOLATES THIS SECTION IS: 28
	2430	+	52 HOUSE BILL 962
	2431	+
	2432	+
	2433	+	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 1
	2434	+	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 2
	2435	+	BOTH; AND 3
	2436	+
	2437	+	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 4
	2438	+	BE LEVIED BY A DISCI PLINARY PANEL . 5
	2439	+
	2440	+	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 6
	2441	+	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 7
	2442	+	§ 14–306 OF THIS TITLE IF: 8
	2443	+
	2444	+	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 9
	2445	+	OF THE LICENSE; AND 10
	2446	+
	2447	+	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 11
	2448	+	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 12
	2449	+
	2450	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 13
	2451	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 14
	2452	+
	2453	+	14–528. 15
	2454	+
	2455	+	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 16
	2456	+	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 17
	2457	+	word to describe the occupation of the individual as in phrases such as “physician’s 18
	2458	+	assistant” or “physician’s aide”. 19
	2459	+
	2460	+	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 20
	2461	+	PERSON WHO VIOLATES THIS SECTION IS: 21
	2462	+
	2463	+	(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 22
	2464	+	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 23
	2465	+	BOTH; AND 24
	2466	+
	2467	+	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 25
	2468	+	BE LEVIED BY A DISCI PLINARY PANEL . 26
	2469	+
	2470	+	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 27
	2471	+	NOT APPLY TO A FORME R LICENSEE WHO HAS FAILE D TO RENEW A LICENSE UNDER 28
	2472	+	§ 14–306 OF THIS TITLE IF: 29
	2473	+
	2474	+	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 30
	2475	+	OF THE LICENSE; AND 31
2475	2476		HOUSE BILL 962 53
2476	2477
2477	2478
2478		-	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION DO 1
2479		-	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 2
2480		-	§ 14–306 OF THIS TITLE IF: 3
2481		-
2482		-	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 4
2483		-	OF THE LICENSE; AND 5
2484		-
2485		-	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 6
2486		-	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 7
2487		-
2488		-	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 8
2489		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 9
2490		-
2491		-	14–5A–01. 10
2492		-
2493		-	(a) In this subtitle the following words have the meanings indicated. 11
2494		-
2495		-	(c) “Committee” means the Respiratory Care [Professional Standards] 12
2496		-	ADVISORY Committee established under § 14–5A–05 of this subtitle. 13
2497		-
2498		-	14–5A–05. 14
2499		-
2500		-	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 15
2501		-	the Board. 16
2502		-
2503		-	14–5A–06. 17
2504		-
2505		-	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 18
2506		-
2507		-	14–5A–09. 19
2508		-
2509		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 20
	2479	+	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 1
	2480	+	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FEE . 2
	2481	+
	2482	+	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 3
	2483	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 4
	2484	+
	2485	+	14–5A–01. 5
	2486	+
	2487	+	(a) In this subtitle the following words have the meanings indicated. 6
	2488	+
	2489	+	(c) “Committee” means the Respiratory Care [Professional Standards] 7
	2490	+	ADVISORY Committee established under § 14–5A–05 of this subtitle. 8
	2491	+
	2492	+	14–5A–05. 9
	2493	+
	2494	+	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 10
	2495	+	the Board. 11
	2496	+
	2497	+	14–5A–06. 12
	2498	+
	2499	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 13
	2500	+
	2501	+	14–5A–09. 14
	2502	+
	2503	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 15
	2504	+	requirements of this section. 16
	2505	+
	2506	+	(b) The applicant shall be of good moral character. 17
	2507	+
	2508	+	(c) The applicant shall be at least 18 years old. 18
	2509	+
	2510	+	(d) The applicant] TO QUALIFY FOR A LICENS E, IN ADDITION TO THE 19
	2511	+	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 20
	2512	+
	2513	+	(1) Meet] MEET any educational, training, or examination requirements 21
	2514	+	established by the Board including: 22
	2515	+
	2516	+	[(i)] (1) Graduation from an appropriate educational program as 23
	2517	+	determined by the Board; and 24
	2518	+
	2519	+	[(ii)] (2) Certification by a national certifying board approved by 25
	2520	+	the Board[; and 26
	2521	+
	2522	+	(2) Demonstrate oral and written competency in English as required by the 27
	2523	+	Board]. 28
	2524	+	54 HOUSE BILL 962
	2525	+
	2526	+
	2527	+	[(e) The applicant shall complete a criminal history records check in accordance 1
	2528	+	with § 14–308.1 of this title.] 2
	2529	+
	2530	+	14–5A–17. 3
	2531	+
	2532	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
	2533	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 5
	2534	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
	2535	+	suspend or revoke a license, if the [applicant or] licensee: 7
	2536	+
	2537	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
	2538	+	the applicant, licensee, or for another; 9
	2539	+
	2540	+	(2) Fraudulently or deceptively uses a license; 10
	2541	+
	2542	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 11
	2543	+	respiratory care; 12
	2544	+
	2545	+	(4) Is professionally, physically, or mentally incompetent; 13
	2546	+
	2547	+	(5) Abandons a patient; 14
	2548	+
	2549	+	(6) Is habitually intoxicated; 15
	2550	+
	2551	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
	2552	+	substance as defined in § 5–101 of the Criminal Law Article; 17
	2553	+
	2554	+	(8) Provides professional services while: 18
	2555	+
	2556	+	(i) Under the influence of alcohol; or 19
	2557	+
	2558	+	(ii) Using any narcotic or controlled dangerous substance as defined 20
	2559	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
	2560	+	amounts or without valid medical indication; 22
	2561	+
	2562	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
	2563	+	patient so as to exploit the patient for financial gain; 24
	2564	+
	2565	+	(10) Willfully makes or files a false report or record in the practice of 25
	2566	+	respiratory care; 26
	2567	+
	2568	+	(11) Willfully fails to file or record any report as required under law, 27
	2569	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
	2570	+	to file or record a report; 29
	2571	+
	2572	+	(12) Breaches patient confidentiality; 30
	2573	+	HOUSE BILL 962 55
	2574	+
	2575	+
	2576	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
	2577	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 2
	2578	+	accept any sum or any form of remuneration or material benefit from an individual for 3
	2579	+	bringing or referring a patient; 4
	2580	+
	2581	+	(14) Knowingly makes a misrepresentation while practicing respiratory 5
	2582	+	care; 6
	2583	+
	2584	+	(15) Knowingly practices respiratory care with an unauthorized individual 7
	2585	+	or aids an unauthorized individual in the practice of respiratory care; 8
	2586	+
	2587	+	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 9
	2588	+	method, treatment, or medicine; 10
	2589	+
	2590	+	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 11
	2591	+	disciplined by a court of any state or country or is disciplined by any branch of the United 12
	2592	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 13
	2593	+	for disciplinary action under the Board’s disciplinary statutes; 14
	2594	+
	2595	+	(18) Fails to meet appropriate standards for the delivery of respiratory care 15
	2596	+	performed in any inpatient or outpatient facility, office, hospital or related institution, 16
	2597	+	domiciliary care facility, patient’s home, or any other location in this State; 17
	2598	+
	2599	+	(19) Knowingly submits false statements to collect fees for which services 18
	2600	+	are not provided; 19
	2601	+
	2602	+	(20) (i) Has been subject to investigation or disciplinary action by a 20
	2603	+	licensing or disciplinary authority or by a court of any state or country for an act that would 21
	2604	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 22
	2605	+
	2606	+	(ii) Has: 23
	2607	+
	2608	+	1. Surrendered the license issued by the state or country; or 24
	2609	+
	2610	+	2. Allowed the license issued by the state or country to expire 25
	2611	+	or lapse; 26
	2612	+
	2613	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 27
	2614	+	of the Family Law Article; 28
	2615	+
	2616	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 29
	2617	+	illegitimate medical purposes; 30
	2618	+
	2619	+	(23) Practices or attempts to practice beyond the authorized scope of 31
	2620	+	practice; 32
	2621	+	56 HOUSE BILL 962
	2622	+
	2623	+
	2624	+	(24) Refuses, withholds from, denies, or discriminates against an individual 1
	2625	+	with regard to the provision of professional services for which the licensee is licensed and 2
	2626	+	qualified to render because the individual is HIV positive; 3
	2627	+
	2628	+	(25) Practices or attempts to practice a respiratory care procedure or uses or 4
	2629	+	attempts to use respiratory care equipment if the applicant or licensee has not received 5
	2630	+	education and training in the performance of the procedure or the use of the equipment; 6
	2631	+
	2632	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 7
	2633	+	or a disciplinary panel; 8
	2634	+
	2635	+	(27) Fails to practice under the supervision of a physician or violates a 9
	2636	+	supervisory order of a supervising physician; or 10
	2637	+
	2638	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 11
	2639	+	14–302 of this title. 12
	2640	+
	2641	+	14–5B–05. 13
	2642	+
	2643	+	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 14
	2644	+
	2645	+	14–5B–07. 15
	2646	+
	2647	+	(a) (2) The failure of a licensed physician to properly supervise a licensee is 16
	2648	+	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 17
	2649	+	of this title. 18
	2650	+
	2651	+	14–5B–09. 19
	2652	+
	2653	+	(a) [To qualify for a license, an applicant shall be an individual who meets the 20
2510	2654		requirements of this section. 21
2511	2655
2512		-	(b) The applicant shall be of good moral character. 22
2513		-
2514		-	(c) The applicant shall be at least 18 years old. 23
2515		-
2516		-	(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 24
2517		-	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 25
2518		-
2519		-	(1) Meet] MEET any educational, training, or examination requirements 26
2520		-	established by the Board including: 27
2521		-	54 HOUSE BILL 962
	2656	+	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 22
	2657	+	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 23
	2658	+	TITLE, AN applicant shall[: 24
	2659	+
	2660	+	(1) Be of good moral character; 25
	2661	+
	2662	+	(2) Be at least 18 years old; 26
	2663	+
	2664	+	(3) Demonstrate oral and written competency in English as required by the 27
	2665	+	Board; 28
	2666	+
	2667	+	(4) Meet] MEET any educational, training, or examination requirements 29
	2668	+	established by the Board, including: 30
	2669	+	HOUSE BILL 962 57
2522	2670
2523	2671
2524	2672		[(i)] (1) Graduation from an appropriate educational program as 1
2525	2673		determined by the Board; and 2
2526	2674
2527		-	[(ii)] (2) Certification by a national certifying board approved by 3
2528		-	the Board[; and 4
2529		-
2530		-	(2) Demonstrate oral and written competency in English as required by the 5
2531		-	Board]. 6
2532		-
2533		-	[(e) The applicant shall complete a criminal history records check in accordance 7
2534		-	with § 14–308.1 of this title.] 8
2535		-
2536		-	14–5A–17. 9
2537		-
2538		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
2539		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 11
2540		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
2541		-	suspend or revoke a license, if the [applicant or] licensee: 13
2542		-
2543		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 14
2544		-	the applicant, licensee, or for another; 15
2545		-
2546		-	(2) Fraudulently or deceptively uses a license; 16
2547		-
2548		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 17
2549		-	respiratory care; 18
2550		-
2551		-	(4) Is professionally, physically, or mentally incompetent; 19
2552		-
2553		-	(5) Abandons a patient; 20
2554		-
2555		-	(6) Is habitually intoxicated; 21
2556		-
2557		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
2558		-	substance as defined in § 5–101 of the Criminal Law Article; 23
2559		-
2560		-	(8) Provides professional services while: 24
2561		-
2562		-	(i) Under the influence of alcohol; or 25
2563		-
2564		-	(ii) Using any narcotic or controlled dangerous substance as defined 26
2565		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
2566		-	amounts or without valid medical indication; 28
2567		-
2568		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 29
2569		-	patient so as to exploit the patient for financial gain; 30 HOUSE BILL 962 55
2570		-
2571		-
2572		-
2573		-	(10) Willfully makes or files a false report or record in the practice of 1
2574		-	respiratory care; 2
2575		-
2576		-	(11) Willfully fails to file or record any report as required under law, 3
2577		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
2578		-	to file or record a report; 5
2579		-
2580		-	(12) Breaches patient confidentiality; 6
2581		-
2582		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
2583		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 8
2584		-	accept any sum or any form of remuneration or material benefit from an individual for 9
2585		-	bringing or referring a patient; 10
2586		-
2587		-	(14) Knowingly makes a misrepresentation while practicing respiratory 11
2588		-	care; 12
2589		-
2590		-	(15) Knowingly practices respiratory care with an unauthorized individual 13
2591		-	or aids an unauthorized individual in the practice of respiratory care; 14
2592		-
2593		-	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 15
2594		-	method, treatment, or medicine; 16
2595		-
2596		-	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 17
2597		-	disciplined by a court of any state or country or is disciplined by any branch of the United 18
2598		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 19
2599		-	for disciplinary action under the Board’s disciplinary statutes; 20
2600		-
2601		-	(18) Fails to meet appropriate standards for the delivery of respiratory care 21
2602		-	performed in any inpatient or outpatient facility, office, hospital or related institution, 22
2603		-	domiciliary care facility, patient’s home, or any other location in this State; 23
2604		-
2605		-	(19) Knowingly submits false statements to collect fees for which services 24
2606		-	are not provided; 25
2607		-
2608		-	(20) (i) Has been subject to investigation or disciplinary action by a 26
2609		-	licensing or disciplinary authority or by a court of any state or country for an act that would 27
2610		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 28
2611		-
2612		-	(ii) Has: 29
2613		-
2614		-	1. Surrendered the license issued by the state or country; or 30
2615		-
2616		-	2. Allowed the license issued by the state or country to expire 31
2617		-	or lapse; 32
2618		-	56 HOUSE BILL 962
2619		-
2620		-
2621		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 1
2622		-	of the Family Law Article; 2
2623		-
2624		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 3
2625		-	illegitimate medical purposes; 4
2626		-
2627		-	(23) Practices or attempts to practice beyond the authorized scope of 5
2628		-	practice; 6
2629		-
2630		-	(24) Refuses, withholds from, denies, or discriminates against an individual 7
2631		-	with regard to the provision of professional services for which the licensee is licensed and 8
2632		-	qualified to render because the individual is HIV positive; 9
2633		-
2634		-	(25) Practices or attempts to practice a respiratory care procedure or uses or 10
2635		-	attempts to use respiratory care equipment if the applicant or licensee has not received 11
2636		-	education and training in the performance of the procedure or the use of the equipment; 12
2637		-
2638		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 13
2639		-	or a disciplinary panel; 14
2640		-
2641		-	(27) Fails to practice under the supervision of a physician or violates a 15
2642		-	supervisory order of a supervising physician; or 16
2643		-
2644		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 17
2645		-	14–302 of this title. 18
2646		-
2647		-	14–5B–05. 19
2648		-
2649		-	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 20
2650		-
2651		-	14–5B–07. 21
2652		-
2653		-	(a) (2) The failure of a licensed physician to properly supervise a licensee is 22
2654		-	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–515(A)(3) 23
2655		-	of this title. 24
2656		-
2657		-	14–5B–09. 25
2658		-
2659		-	(a) [To qualify for a license, an applicant shall be an individual who meets the 26
	2675	+	[(ii)] (2) Certification[; and 3
	2676	+
	2677	+	(5) Complete a criminal history records check in accordance with § 4
	2678	+	14–308.1 of this title]. 5
	2679	+
	2680	+	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 6
	2681	+	applicant shall: 7
	2682	+
	2683	+	(1) Be issued a general license to perform radiography; 8
	2684	+
	2685	+	(2) Complete an advanced academic program with a nationally recognized 9
	2686	+	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 10
	2687	+	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 11
	2688	+
	2689	+	(3) Be certified in advanced cardiac life support; and 12
	2690	+
	2691	+	(4) Be certified as a radiologist assistant by the American Registry of 13
	2692	+	Radiologic Technologists. 14
	2693	+
	2694	+	[(d)] (C) Except for requirements adopted by the Board for license renewal under 15
	2695	+	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 16
	2696	+	construed to require an individual who is certified by the Board as a radiation 17
	2697	+	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 18
	2698	+	technologist as of October 1, 2008, to meet additional education, training, or examination 19
	2699	+	requirements. 20
	2700	+
	2701	+	14–5B–11. 21
	2702	+
	2703	+	(a) Licensure as a radiation therapist authorizes an individual to practice 22
	2704	+	radiation therapy IN THE STATE while the license is effective. 23
	2705	+
	2706	+	(b) Licensure as a radiographer authorizes an individual to practice radiography 24
	2707	+	IN THE STATE while the license is effective. 25
	2708	+
	2709	+	(c) Licensure as a nuclear medicine technologist authorizes an individual to 26
	2710	+	practice nuclear medicine technology IN THE STATE while the license is effective. 27
	2711	+
	2712	+	(d) Licensure as a radiologist assistant authorizes an individual to practice 28
	2713	+	radiology assistance IN THE STATE while the license is effective. 29
	2714	+
	2715	+	14–5B–14. 30
	2716	+	58 HOUSE BILL 962
	2717	+
	2718	+
	2719	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
	2720	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 2
	2721	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 3
	2722	+	suspend or revoke a license, if the [applicant or] licensee: 4
	2723	+
	2724	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 5
	2725	+	the applicant, licensed individual, or for another; 6
	2726	+
	2727	+	(2) Fraudulently or deceptively uses a license; 7
	2728	+
	2729	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 8
	2730	+	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 9
	2731	+
	2732	+	(4) Is professionally, physically, or mentally incompetent; 10
	2733	+
	2734	+	(5) Abandons a patient; 11
	2735	+
	2736	+	(6) Is habitually intoxicated; 12
	2737	+
	2738	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 13
	2739	+	substance as defined in § 5–101 of the Criminal Law Article; 14
	2740	+
	2741	+	(8) Provides professional services while: 15
	2742	+
	2743	+	(i) Under the influence of alcohol; or 16
	2744	+
	2745	+	(ii) Using any narcotic or controlled dangerous substance as defined 17
	2746	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 18
	2747	+	amounts or without valid medical indication; 19
	2748	+
	2749	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 20
	2750	+	patient so as to exploit the patient for financial gain; 21
	2751	+
	2752	+	(10) Willfully makes or files a false report or record in the practice of 22
	2753	+	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 23
	2754	+
	2755	+	(11) Willfully fails to file or record any report as required under law, 24
	2756	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 25
	2757	+	to file or record a report; 26
	2758	+
	2759	+	(12) Breaches patient confidentiality; 27
	2760	+
	2761	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 28
	2762	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 29
	2763	+	accept any sum or any form of remuneration or material benefit from an individual for 30
	2764	+	bringing or referring a patient; 31
	2765	+	HOUSE BILL 962 59
	2766	+
	2767	+
	2768	+	(14) Knowingly makes a misrepresentation while practicing radiation 1
	2769	+	therapy, radiography, nuclear medicine technology, or radiology assistance; 2
	2770	+
	2771	+	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 3
	2772	+	technology, or radiology assistance with an unauthorized individual or aids an 4
	2773	+	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 5
	2774	+	technology, or radiology assistance; 6
	2775	+
	2776	+	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 7
	2777	+	method, treatment, or medicine; 8
	2778	+
	2779	+	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 9
	2780	+	disciplined by a court of any state or country or is disciplined by any branch of the United 10
	2781	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 11
	2782	+	for disciplinary action under the Board’s disciplinary statutes; 12
	2783	+
	2784	+	(18) Fails to meet appropriate standards for the delivery of quality radiation 13
	2785	+	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 14
	2786	+	in any outpatient surgical facility, office, hospital or related institution, or any other 15
	2787	+	location in this State; 16
	2788	+
	2789	+	(19) Knowingly submits false statements to collect fees for which services 17
	2790	+	are not provided; 18
	2791	+
	2792	+	(20) (i) Has been subject to investigation or disciplinary action by a 19
	2793	+	licensing or disciplinary authority or by a court of any state or country for an act that would 20
	2794	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 21
	2795	+
	2796	+	(ii) Has: 22
	2797	+
	2798	+	1. Surrendered the license issued by the state or country; or 23
	2799	+
	2800	+	2. Allowed the license issued by the state or country to expire 24
	2801	+	or lapse; 25
	2802	+
	2803	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 26
	2804	+	of the Family Law Article; 27
	2805	+
	2806	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 28
	2807	+	illegitimate medical purposes; 29
	2808	+
	2809	+	(23) Practices or attempts to practice beyond the authorized scope of 30
	2810	+	practice; 31
	2811	+
	2812	+	(24) Refuses, withholds from, denies, or discriminates against an individual 32
	2813	+	with regard to the provision of professional services for which the licensee is licensed and 33
	2814	+	qualified to render because the individual is HIV positive; 34 60 HOUSE BILL 962
	2815	+
	2816	+
	2817	+
	2818	+	(25) Practices or attempts to practice a radiation therapy, radiography, 1
	2819	+	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 2
	2820	+	radiography, nuclear medicine technology, or radiology assistance equipment if the 3
	2821	+	applicant or licensee has not received education, internship, training, or experience in the 4
	2822	+	performance of the procedure or the use of the equipment; 5
	2823	+
	2824	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 6
	2825	+	or a disciplinary panel; 7
	2826	+
	2827	+	(27) Fails to practice under the supervision of a physician or violates a 8
	2828	+	supervisory order of a supervising physician; or 9
	2829	+
	2830	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 10
	2831	+	14–302 of this title. 11
	2832	+
	2833	+	14–5C–01. 12
	2834	+
	2835	+	(a) In this subtitle the following words have the meanings indicated. 13
	2836	+
	2837	+	(c) “Committee” means the Polysomnography [Professional Standards] 14
	2838	+	ADVISORY Committee established under § 14–5C–05 of this subtitle. 15
	2839	+
	2840	+	14–5C–05. 16
	2841	+
	2842	+	There is a Polysomnography [Professional Standards] ADVISORY Committee within 17
	2843	+	the Board. 18
	2844	+
	2845	+	14–5C–06. 19
	2846	+
	2847	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMB ERS. 20
	2848	+
	2849	+	14–5C–08. 21
	2850	+
	2851	+	(b) This section does not apply to a student enrolled in an education program 22
	2852	+	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 23
	2853	+	in that program. 24
	2854	+
	2855	+	14–5C–09. 25
	2856	+
	2857	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 26
2660	2858		requirements of this section. 27
2661	2859
2662		-	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 28
2663		-	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 29
2664		-	TITLE, AN applicant shall[: 30
2665		-
2666		-	(1) Be of good moral character; 31 HOUSE BILL 962 57
2667		-
2668		-
2669		-
2670		-	(2) Be at least 18 years old; 1
2671		-
2672		-	(3) Demonstrate oral and written competency in English as required by the 2
2673		-	Board; 3
2674		-
2675		-	(4) Meet] MEET any educational, training, or examination requirements 4
2676		-	established by the Board, including: 5
2677		-
2678		-	[(i)] (1) Graduation from an appropriate educational program as 6
2679		-	determined by the Board; and 7
2680		-
2681		-	[(ii)] (2) Certification[; and 8
2682		-
2683		-	(5) Complete a criminal history records check in accordance with § 9
2684		-	14–308.1 of this title]. 10
2685		-
2686		-	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 11
2687		-	applicant shall: 12
2688		-
2689		-	(1) Be issued a general license to perform radiography; 13
2690		-
2691		-	(2) Complete an advanced academic program with a nationally recognized 14
2692		-	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 15
2693		-	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 16
2694		-
2695		-	(3) Be certified in advanced cardiac life support; and 17
2696		-
2697		-	(4) Be certified as a radiologist assistant by the American Registry of 18
2698		-	Radiologic Technologists. 19
2699		-
2700		-	[(d)] (C) Except for requirements adopted by the Board for license renewal under 20
2701		-	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 21
2702		-	construed to require an individual who is certified by the Board as a radiation 22
2703		-	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 23
2704		-	technologist as of October 1, 2008, to meet additional education, training, or examination 24
2705		-	requirements. 25
2706		-
2707		-	14–5B–11. 26
2708		-
2709		-	(a) Licensure as a radiation therapist authorizes an individual to practice 27
2710		-	radiation therapy IN THE STATE while the license is effective. 28
2711		-
2712		-	(b) Licensure as a radiographer authorizes an individual to practice radiography 29
2713		-	IN THE STATE while the license is effective. 30
2714		-	58 HOUSE BILL 962
2715		-
2716		-
2717		-	(c) Licensure as a nuclear medicine technologist authorizes an individual to 1
2718		-	practice nuclear medicine technology IN THE STATE while the license is effective. 2
2719		-
2720		-	(d) Licensure as a radiologist assistant authorizes an individual to practice 3
2721		-	radiology assistance IN THE STATE while the license is effective. 4
2722		-
2723		-	14–5B–14. 5
2724		-
2725		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
2726		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 7
2727		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
2728		-	suspend or revoke a license, if the [applicant or] licensee: 9
2729		-
2730		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 10
2731		-	the applicant, licensed individual, or for another; 11
2732		-
2733		-	(2) Fraudulently or deceptively uses a license; 12
2734		-
2735		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 13
2736		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 14
2737		-
2738		-	(4) Is professionally, physically, or mentally incompetent; 15
2739		-
2740		-	(5) Abandons a patient; 16
2741		-
2742		-	(6) Is habitually intoxicated; 17
2743		-
2744		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 18
2745		-	substance as defined in § 5–101 of the Criminal Law Article; 19
2746		-
2747		-	(8) Provides professional services while: 20
2748		-
2749		-	(i) Under the influence of alcohol; or 21
2750		-
2751		-	(ii) Using any narcotic or controlled dangerous substance as defined 22
2752		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 23
2753		-	amounts or without valid medical indication; 24
2754		-
2755		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 25
2756		-	patient so as to exploit the patient for financial gain; 26
2757		-
2758		-	(10) Willfully makes or files a false report or record in the practice of 27
2759		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 28
2760		-
2761		-	(11) Willfully fails to file or record any report as required under law, 29
2762		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 30
2763		-	to file or record a report; 31 HOUSE BILL 962 59
2764		-
2765		-
2766		-
2767		-	(12) Breaches patient confidentiality; 1
2768		-
2769		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 2
2770		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 3
2771		-	accept any sum or any form of remuneration or material benefit from an individual for 4
2772		-	bringing or referring a patient; 5
2773		-
2774		-	(14) Knowingly makes a misrepresentation while practicing radiation 6
2775		-	therapy, radiography, nuclear medicine technology, or radiology assistance; 7
2776		-
2777		-	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 8
2778		-	technology, or radiology assistance with an unauthorized individual or aids an 9
2779		-	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 10
2780		-	technology, or radiology assistance; 11
2781		-
2782		-	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 12
2783		-	method, treatment, or medicine; 13
2784		-
2785		-	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 14
2786		-	disciplined by a court of any state or country or is disciplined by any branch of the United 15
2787		-	States uniformed services or the Veterans’ Administration for an act that would be grounds 16
2788		-	for disciplinary action under the Board’s disciplinary statutes; 17
2789		-
2790		-	(18) Fails to meet appropriate standards for the delivery of quality radiation 18
2791		-	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 19
2792		-	in any outpatient surgical facility, office, hospital or related institution, or any other 20
2793		-	location in this State; 21
2794		-
2795		-	(19) Knowingly submits false statements to collect fees for which services 22
2796		-	are not provided; 23
2797		-
2798		-	(20) (i) Has been subject to investigation or disciplinary action by a 24
2799		-	licensing or disciplinary authority or by a court of any state or country for an act that would 25
2800		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 26
2801		-
2802		-	(ii) Has: 27
2803		-
2804		-	1. Surrendered the license issued by the state or country; or 28
2805		-
2806		-	2. Allowed the license issued by the state or country to expire 29
2807		-	or lapse; 30
2808		-
2809		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 31
2810		-	of the Family Law Article; 32
2811		-	60 HOUSE BILL 962
	2860	+	(b) The applicant shall: 28
	2861	+
	2862	+	(1) Be of good moral character; 29 HOUSE BILL 962 61
	2863	+
	2864	+
	2865	+
	2866	+	(2) Be at least 18 years old; and 1
	2867	+
	2868	+	(3) Complete a criminal history records check in accordance with § 2
	2869	+	14–308.1 of this title. 3
	2870	+
	2871	+	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 4
	2872	+	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 5
	2873	+	license shall: 6
	2874	+
	2875	+	(1) Have passed the national certifying examination given by the Board of 7
	2876	+	Registered Polysomnographic Technologists or another examination approved by the 8
	2877	+	Board; 9
	2878	+
	2879	+	(2) Submit to the Board proof of certification as a registered 10
	2880	+	polysomnographic technologist or other national certification approved by the Board; 11
	2881	+
	2882	+	(3) (i) 1. Have graduated from a polysomnographic educational 12
	2883	+	program that is accredited by the Commission on Accreditation of Allied Health Education 13
	2884	+	Programs; or 14
	2885	+
	2886	+	2. A. Have graduated from a sleep technologist 15
	2887	+	educational program that is accredited by the American Academy of Sleep Medicine; and 16
	2888	+
	2889	+	B. Have completed a clinical component of an educational 17
	2890	+	program as established by the Committee and approved by the Board; 18
	2891	+
	2892	+	(ii) 1. Have graduated from a respiratory care educational 19
	2893	+	program that is accredited by the Commission on Accreditation of Allied Health Education 20
	2894	+	Programs; and 21
	2895	+
	2896	+	2. Have completed the Committee on Accreditation for 22
	2897	+	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 23
	2898	+	Commission on Accreditation of Allied Health Education Programs; or 24
	2899	+
	2900	+	(iii) 1. Have graduated from an electroneuro –diagnostic 25
	2901	+	educational program that is accredited by the Commission on Accreditation of Allied Health 26
	2902	+	Education Programs; and 27
	2903	+
	2904	+	2. Have completed additional units, modules, and courses of 28
	2905	+	instruction focused on polysomnographic technology that are accredited by the Commission 29
	2906	+	on Accreditation of Allied Health Education Programs; and 30
	2907	+
	2908	+	(4) Meet any other educational or clinical requirements established by the 31
	2909	+	Committee and approved by the Board. 32
	2910	+
	2911	+	14–5C–10. 33 62 HOUSE BILL 962
	2912	+
	2913	+
	2914	+
	2915	+	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 1
	2916	+	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 2
	2917	+
	2918	+	(1) Has passed the national certifying examination by the Board of 3
	2919	+	Registered Polysomnographic Technologists or another examination approved by the 4
	2920	+	Board; 5
	2921	+
	2922	+	(2) Is certified by the Board of Registered Polysomnographic Technologists 6
	2923	+	as a registered polysomnographic technologist; 7
	2924	+
	2925	+	(3) Has submitted an application for licensure to the Board; and 8
	2926	+
	2927	+	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 9
	2928	+	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 10
	2929	+
	2930	+	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 11
	2931	+	of this section on or before September 30, 2013, the individual may petition the Board for 12
	2932	+	an extension. 13
	2933	+
	2934	+	(2) The Board shall determine whether to grant an extension under this 14
	2935	+	subsection on a case–by–case basis.] 15
	2936	+
	2937	+	14–5C–17. 16
	2938	+
	2939	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 17
	2940	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 18
	2941	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 19
	2942	+	suspend or revoke a license, if the [applicant or] licensee: 20
	2943	+
	2944	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 21
	2945	+	the applicant, licensee, or for another; 22
	2946	+
	2947	+	(2) Fraudulently or deceptively uses a license; 23
	2948	+
	2949	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 24
	2950	+	polysomnography; 25
	2951	+
	2952	+	(4) Is professionally, physically, or mentally incompetent; 26
	2953	+
	2954	+	(5) Abandons a patient; 27
	2955	+
	2956	+	(6) Is habitually intoxicated; 28
	2957	+
	2958	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 29
	2959	+	substance as defined in § 5–101 of the Criminal Law Article; 30 HOUSE BILL 962 63
	2960	+
	2961	+
	2962	+
	2963	+	(8) Provides professional services while: 1
	2964	+
	2965	+	(i) Under the influence of alcohol; or 2
	2966	+
	2967	+	(ii) Using any narcotic or controlled dangerous substance as defined 3
	2968	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 4
	2969	+	amounts or without valid medical indication; 5
	2970	+
	2971	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 6
	2972	+	patient so as to exploit the patient for financial gain; 7
	2973	+
	2974	+	(10) Willfully makes or files a false report or record in the practice of 8
	2975	+	polysomnography; 9
	2976	+
	2977	+	(11) Willfully fails to file or record any report as required under law, 10
	2978	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 11
	2979	+	to file or record a report; 12
	2980	+
	2981	+	(12) Breaches patient confidentiality; 13
	2982	+
	2983	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 14
	2984	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 15
	2985	+	accept any sum or any form of remuneration or material benefit from an individual for 16
	2986	+	bringing or referring a patient; 17
	2987	+
	2988	+	(14) Knowingly makes a misrepresentation while practicing 18
	2989	+	polysomnography; 19
	2990	+
	2991	+	(15) Knowingly practices polysomnography with an unauthorized individual 20
	2992	+	or aids an unauthorized individual in the practice of polysomnography; 21
	2993	+
	2994	+	(16) Knowingly delegates a polysomnographic duty to an unlicensed 22
	2995	+	individual; 23
	2996	+
	2997	+	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
	2998	+	method, treatment, or medicine; 25
	2999	+
	3000	+	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
	3001	+	disciplined by a court of any state or country or is disciplined by any branch of the United 27
	3002	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
	3003	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 29
	3004	+
	3005	+	(19) Fails to meet appropriate standards for the delivery of 30
	3006	+	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 31
	3007	+	center; 32
	3008	+	64 HOUSE BILL 962
	3009	+
	3010	+
	3011	+	(20) Knowingly submits false statements to collect fees for which services 1
	3012	+	are not provided; 2
	3013	+
	3014	+	(21) (i) Has been subject to investigation or disciplinary action by a 3
	3015	+	licensing or disciplinary authority or by a court of any state or country for an act that would 4
	3016	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
	3017	+
	3018	+	(ii) Has: 6
	3019	+
	3020	+	1. Surrendered the license, if any, issued by the state or 7
	3021	+	country; or 8
	3022	+
	3023	+	2. Allowed the license, if any, issued by the state or country 9
	3024	+	to expire or lapse; 10
	3025	+
	3026	+	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
	3027	+	of the Family Law Article; 12
	3028	+
	3029	+	(23) Sells, prescribes, gives away, or administers drugs for illegal or 13
	3030	+	illegitimate medical purposes; 14
	3031	+
	3032	+	(24) Practices or attempts to practice beyond the authorized scope of 15
	3033	+	practice; 16
	3034	+
	3035	+	(25) Refuses, withholds from, denies, or discriminates against an individual 17
	3036	+	with regard to the provision of professional services for which the licensee is licensed and 18
	3037	+	qualified to render because the individual is HIV positive; 19
	3038	+
	3039	+	(26) Practices or attempts to practice a polysomnography procedure or uses 20
	3040	+	or attempts to use polysomnography equipment if the applicant or licensee has not received 21
	3041	+	education and training in the performance of the procedure or the use of the equipment; 22
	3042	+
	3043	+	(27) Fails to cooperate with a lawful investigation conducted by the Board; 23
	3044	+	or 24
	3045	+
	3046	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
	3047	+	14–302 of this title. 26
	3048	+
	3049	+	14–5D–05. 27
	3050	+
	3051	+	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 28
	3052	+
	3053	+	14–5D–07. 29
	3054	+
	3055	+	(b) This section does not apply to: 30
	3056	+	HOUSE BILL 962 65
	3057	+
	3058	+
	3059	+	(1) An individual employed by the federal government as an athletic 1
	3060	+	trainer while the individual is practicing within the scope of that employment; 2
	3061	+
	3062	+	(2) An individual employed by or under contract with an entity located in 3
	3063	+	another state who represents that entity: 4
	3064	+
	3065	+	(i) At an athletic event in the State; 5
	3066	+
	3067	+	(ii) For a period of time not to exceed 45 days within a calendar year; 6
	3068	+	and 7
	3069	+
	3070	+	(iii) By providing athletic training services to individuals 8
	3071	+	representing the entity at the event; or 9
	3072	+
	3073	+	(3) A student enrolled in an education program that meets the criteria of 10
	3074	+	[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 11
	3075	+	educational experience of athletic training. 12
	3076	+
	3077	+	14–5D–08. 13
	3078	+
	3079	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 14
	3080	+	requirements of this section. 15
	3081	+
	3082	+	(b) The applicant shall: 16
	3083	+
	3084	+	(1) Be of good moral character; 17
	3085	+
	3086	+	(2) Be at least 18 years old; and 18
	3087	+
	3088	+	(3) Complete a criminal history records check in accordance with § 19
	3089	+	14–308.1 of this title.] 20
	3090	+
	3091	+	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 21
	3092	+	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 22
	3093	+
	3094	+	(1) Have a current certification by a national certifying board approved by 23
	3095	+	the Board; AND 24
	3096	+
	3097	+	(2) Have received a bachelor’s or master’s degree from an athletic training 25
	3098	+	educational program that is accredited by the Commission on Accreditation of Athletic 26
	3099	+	Training Education or its successor[; 27
	3100	+
	3101	+	(3) Demonstrate oral and written competency in English as required by the 28
	3102	+	Board; and 29
	3103	+
	3104	+	(4) Meet any other requirements established by the Board]. 30 66 HOUSE BILL 962
	3105	+
	3106	+
	3107	+
	3108	+	[(d)] (B) The Board shall waive the education requirements under this section if 1
	3109	+	an individual was certified by the National Athletic Trainers’ Association Board of 2
	3110	+	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 3
	3111	+
	3112	+	14–5D–10. 4
	3113	+
	3114	+	(a) An athletic trainer license authorizes the licensee to practice athletic training 5
	3115	+	services IN THE STATE while the license is effective. 6
	3116	+
	3117	+	14–5D–14. 7
	3118	+
	3119	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 8
	3120	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 9
	3121	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 10
	3122	+	suspend or revoke a license, if the [applicant or] licensee: 11
	3123	+
	3124	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
	3125	+	the applicant, licensee, or for another; 13
	3126	+
	3127	+	(2) Fraudulently or deceptively uses a license; 14
	3128	+
	3129	+	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 15
	3130	+	training; 16
	3131	+
	3132	+	(4) Is professionally, physically, or mentally incompetent; 17
	3133	+
	3134	+	(5) Abandons a patient; 18
	3135	+
	3136	+	(6) Habitually is intoxicated; 19
	3137	+
	3138	+	(7) Is addicted to, or habitually abuses, any narcotic or controlled 20
	3139	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 21
	3140	+
	3141	+	(8) Provides professional services while: 22
	3142	+
	3143	+	(i) Under the influence of alcohol; or 23
	3144	+
	3145	+	(ii) Using any narcotic or controlled dangerous substance as defined 24
	3146	+	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 25
	3147	+	amounts or without valid medical indication; 26
	3148	+
	3149	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 27
	3150	+	patient so as to exploit the patient for financial gain; 28
	3151	+
	3152	+	(10) Willfully makes or files a false report or record in the practice of athletic 29
	3153	+	training; 30 HOUSE BILL 962 67
	3154	+
	3155	+
	3156	+
	3157	+	(11) Willfully fails to file or record any report as required under law, 1
	3158	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 2
	3159	+	to file or record the report; 3
	3160	+
	3161	+	(12) Breaches patient confidentiality; 4
	3162	+
	3163	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 5
	3164	+	material benefit to any individual for bringing or referring a patient or accepts or agrees to 6
	3165	+	accept any sum or any form of remuneration or material benefit from an individual for 7
	3166	+	bringing or referring a patient; 8
	3167	+
	3168	+	(14) Knowingly makes a misrepresentation whi le practicing athletic 9
	3169	+	training; 10
	3170	+
	3171	+	(15) Knowingly practices athletic training with an unauthorized individual 11
	3172	+	or aids an unauthorized individual in the practice of athletic trainer services; 12
	3173	+
	3174	+	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 13
	3175	+	method, treatment, or medicine; 14
	3176	+
	3177	+	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 15
	3178	+	convicted or disciplined by a court of any state or country or is disciplined by any branch of 16
	3179	+	the United States uniformed services or the Veterans Administration for an act that would 17
	3180	+	be grounds for disciplinary action under this section; 18
	3181	+
	3182	+	(18) Fails to meet appropriate standards for the delivery of athletic training 19
	3183	+	services; 20
	3184	+
	3185	+	(19) Knowingly submits false statements to collect fees for which services 21
	3186	+	have not been provided; 22
	3187	+
	3188	+	(20) (i) Has been subject to investigation or disciplinary action by a 23
	3189	+	licensing or disciplinary authority or by a court of any state or country for an act that would 24
	3190	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 25
	3191	+
	3192	+	(ii) Has: 26
	3193	+
	3194	+	1. Surrendered the license issued by the state or country; or 27
	3195	+
	3196	+	2. Allowed the license issued by the state or country to expire 28
	3197	+	or lapse; 29
	3198	+
	3199	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 30
	3200	+	of the Family Law Article; 31
	3201	+	68 HOUSE BILL 962
2812	3202
2813	3203
2814	3204		(22) Sells, prescribes, gives away, or administers drugs for illegal or 1
2815	3205		illegitimate medical purposes; 2
2816	3206
2817	3207		(23) Practices or attempts to practice beyond the authorized scope of 3
2818	3208		practice; 4
2819	3209
2820	3210		(24) Refuses, withholds from, denies, or discriminates against an individual 5
2821	3211		with regard to the provision of professional services for which the licensee is licensed and 6
2822	3212		qualified to render because the individual is HIV positive; 7
2823	3213
2824		-	(25) Practices or attempts to practice a radiation therapy, radiography, 8
2825		-	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 9
2826		-	radiography, nuclear medicine technology, or radiology assistance equipment if the 10
2827		-	applicant or licensee has not received education, internship, training, or experience in the 11
2828		-	performance of the procedure or the use of the equipment; 12
2829		-
2830		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 13
2831		-	or a disciplinary panel; 14
2832		-
2833		-	(27) Fails to practice under the supervision of a physician or violates a 15
2834		-	supervisory order of a supervising physician; or 16
2835		-
2836		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 17
	3214	+	(25) Practices or attempts to practice an athletic training procedure or uses 8
	3215	+	or attempts to use athletic training equipment if the applicant or licensee has not received 9
	3216	+	education and training in the performance of the procedure or the use of the equipment; 10
	3217	+
	3218	+	(26) Fails to cooperate with a lawful investigation conducted by the Board 11
	3219	+	or a disciplinary panel; 12
	3220	+
	3221	+	(27) Fails to practice under the supervision of a physician or violates the 13
	3222	+	approved evaluation and treatment protocol; 14
	3223	+
	3224	+	(28) Violates an order of the Board or a disciplinary panel, including any 15
	3225	+	condition of probation; or 16
	3226	+
	3227	+	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 17
2837	3228		14–302 of this title. 18
2838	3229
2839		-	14–5C–01. 19
	3230	+	14–5E–01. 19
2840	3231
2841	3232		(a) In this subtitle the following words have the meanings indicated. 20
2842	3233
2843		-	(c) “Committee” means the Polysomnography [Professional Standards] 21
2844		-	ADVISORY Committee established under § 14–5C–05 of this subtitle. 22
2845		-
2846		-	14–5C–05. 23
2847		-
2848		-	There is a Polysomnography [Professional Standards] ADVISORY Committee within 24
2849		-	the Board. 25
2850		-
2851		-	14–5C–06. 26
2852		-
2853		-	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 27
2854		-
2855		-	14–5C–08. 28
2856		-
2857		-	(b) This section does not apply to a student enrolled in an education program 29
2858		-	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 30
2859		-	in that program. 31 HOUSE BILL 962 61
2860		-
2861		-
2862		-
2863		-	14–5C–09. 1
2864		-
2865		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 2
2866		-	requirements of this section. 3
2867		-
2868		-	(b) The applicant shall: 4
2869		-
2870		-	(1) Be of good moral character; 5
2871		-
2872		-	(2) Be at least 18 years old; and 6
2873		-
2874		-	(3) Complete a criminal history records check in accordance with § 7
2875		-	14–308.1 of this title. 8
2876		-
2877		-	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 9
2878		-	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 10
2879		-	license shall: 11
2880		-
2881		-	(1) Have passed the national certifying examination given by the Board of 12
2882		-	Registered Polysomnographic Technologists or another examination approved by the 13
2883		-	Board; 14
2884		-
2885		-	(2) Submit to the Board proof of certification as a registered 15
2886		-	polysomnographic technologist or other national certification approved by the Board; 16
2887		-
2888		-	(3) (i) 1. Have graduated from a polysomnographic educational 17
2889		-	program that is accredited by the Commission on Accreditation of Allied Health Education 18
2890		-	Programs; or 19
2891		-
2892		-	2. A. Have graduated from a sleep technologist 20
2893		-	educational program that is accredited by the American Academy of Sleep Medicine; and 21
2894		-
2895		-	B. Have completed a clinical component of an educational 22
2896		-	program as established by the Committee and approved by the Board; 23
2897		-
2898		-	(ii) 1. Have graduated from a respiratory care educational 24
2899		-	program that is accredited by the Commission on Accreditation of Allied Health Education 25
2900		-	Programs; and 26
2901		-
2902		-	2. Have completed the Committee on Accreditation for 27
2903		-	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 28
2904		-	Commission on Accreditation of Allied Health Education Programs; or 29
2905		-
2906		-	(iii) 1. Have graduated from an electroneuro –diagnostic 30
2907		-	educational program that is accredited by the Commission on Accreditation of Allied Health 31
2908		-	Education Programs; and 32 62 HOUSE BILL 962
2909		-
2910		-
2911		-
2912		-	2. Have completed additional units, modules, and courses of 1
2913		-	instruction focused on polysomnographic technology that are accredited by the Commission 2
2914		-	on Accreditation of Allied Health Education Programs; and 3
2915		-
2916		-	(4) Meet any other educational or clinical requirements established by the 4
2917		-	Committee and approved by the Board. 5
2918		-
2919		-	14–5C–10. 6
2920		-
2921		-	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 7
2922		-	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 8
2923		-
2924		-	(1) Has passed the national certifying examination by the Board of 9
2925		-	Registered Polysomnographic Technologists or another examination approved by the 10
2926		-	Board; 11
2927		-
2928		-	(2) Is certified by the Board of Registered Polysomnographic Technologists 12
2929		-	as a registered polysomnographic technologist; 13
2930		-
2931		-	(3) Has submitted an application for licensure to the Board; and 14
2932		-
2933		-	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 15
2934		-	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 16
2935		-
2936		-	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 17
2937		-	of this section on or before September 30, 2013, the individual may petition the Board for 18
2938		-	an extension. 19
2939		-
2940		-	(2) The Board shall determine whether to grant an extension under this 20
2941		-	subsection on a case–by–case basis.] 21
2942		-
2943		-	14–5C–17. 22
	3234	+	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 21
	3235	+	14–5E–09 of this subtitle, is: 22
	3236	+
	3237	+	(1) Enrolled in an accredited educational program to qualify for a license 23
	3238	+	under this subtitle; and 24
	3239	+
	3240	+	(2) Performing perfusion services within the accredited program under the 25
	3241	+	supervision of a licensed perfusionist and without compensation. 26
	3242	+
	3243	+	14–5E–06. 27
	3244	+
	3245	+	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 28
	3246	+
	3247	+	14–5E–08. 29
	3248	+	HOUSE BILL 962 69
	3249	+
	3250	+
	3251	+	(b) This section does not apply to a student enrolled in an education program 1
	3252	+	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 2
	3253	+	program. 3
	3254	+
	3255	+	14–5E–09. 4
	3256	+
	3257	+	[(a) To qualify for a license, an applicant shall be an individual who meets the 5
	3258	+	requirements of this section. 6
	3259	+
	3260	+	(b) The applicant shall: 7
	3261	+
	3262	+	(1) Be of good moral character; 8
	3263	+
	3264	+	(2) Be at least 18 years old; and 9
	3265	+
	3266	+	(3) Complete a criminal history records check in accordance with § 10
	3267	+	14–308.1 of this title. 11
	3268	+
	3269	+	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 12
	3270	+	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 13
	3271	+
	3272	+	(1) (i) Submit to the Board satisfactory evidence of certification as a 14
	3273	+	certified perfusionist or other national certification approved by the Board; and 15
	3274	+
	3275	+	(ii) Meet any other educational or clinical requirements established 16
	3276	+	by the Committee and approved by the Board; or 17
	3277	+
	3278	+	(2) (i) Submit to the Board satisfactory evidence of graduation from a 18
	3279	+	perfusion educational program that is accredited by the Commission on Accreditation of 19
	3280	+	Allied Health Education Programs, or the Commission’s predecessor or successor; and 20
	3281	+
	3282	+	(ii) Meet any other educational or clinical requirements established 21
	3283	+	by the Committee and approved by the Board. 22
	3284	+
	3285	+	14–5E–10. 23
	3286	+
	3287	+	(a) Except as provided in subsection (b) of this section, an applicant who 24
	3288	+	otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 25
	3289	+	entitled to be licensed for a single 2–year term before taking the national certifying 26
	3290	+	examination given by the American Board of Cardiovascular Perfusion or its successor 27
	3291	+	organization or another examination given or approved by the Board. 28
	3292	+
	3293	+	14–5E–13. 29
	3294	+
	3295	+	[(a) (1) A license expires on a date set by the Board, unless the license is 30
	3296	+	renewed for an additional term as provided in this section. 31 70 HOUSE BILL 962
	3297	+
	3298	+
	3299	+
	3300	+	(2) The term of a license issued by the Board may not exceed 3 years. 1
	3301	+
	3302	+	(b) At least 1 month before a license expires, the Board shall send to the licensed 2
	3303	+	perfusionist a renewal notice that states: 3
	3304	+
	3305	+	(1) The date on which the current license expires; 4
	3306	+
	3307	+	(2) The date by which the renewal application must be received by the 5
	3308	+	Board for the renewal to be issued and sent before the license expires; 6
	3309	+
	3310	+	(3) The amount of the renewal fee; and] 7
	3311	+
	3312	+	[(4)] (A) For licensees who qualified for an initial license under [§ 8
	3313	+	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 9
	3314	+	LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 10
	3315	+	the licensee must submit satisfactory evidence of a passing score on the examination as 11
	3316	+	required under subsection [(c)(2)] (B) of this section. 12
	3317	+
	3318	+	[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 13
	3319	+	the licensed perfusionist periodically may renew it for an additional term, if the licensee: 14
	3320	+
	3321	+	(i) Otherwise is entitled to be licensed; 15
	3322	+
	3323	+	(ii) Is of good moral character; 16
	3324	+
	3325	+	(iii) Pays to the Board a renewal fee set by the Board; and 17
	3326	+
	3327	+	(iv) Except as provided in paragraph (2) of this subsection, submits 18
	3328	+	to the Board: 19
	3329	+
	3330	+	1. A renewal application on the form that the Board requires; 20
	3331	+	and 21
	3332	+
	3333	+	2. Satisfactory evidence of compliance with any continuing 22
	3334	+	education or competency requirements and other requirements set under this section for 23
	3335	+	license renewal.] 24
	3336	+
	3337	+	[(2)] (B) A licensee who qualified for an initial license under [§ 25
	3338	+	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 26
	3339	+	evidence of a passing score on the national certifying examination given by the American 27
	3340	+	Board of Cardiovascular Perfusion or its successor organization or another examination 28
	3341	+	given or approved by the Board. 29
	3342	+	HOUSE BILL 962 71
	3343	+
	3344	+
	3345	+	[(d) In addition to any other qualifications and requirements established by the 1
	3346	+	Board, the Board shall establish continuing education or competency requirements as a 2
	3347	+	condition of the renewal of a license under this section.] 3
	3348	+
	3349	+	[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 4
	3350	+	requirements of this section AND § 14–306 OF THIS TITLE. 5
	3351	+
	3352	+	(2) The Board may not renew the license of a licensee who fails to submit 6
	3353	+	satisfactory evidence of a passing score on the examination as required under subsection 7
	3354	+	[(c)(2)] (B) of this section. 8
	3355	+
	3356	+	[(f) The Board shall reinstate the license of an individual who has failed to renew 9
	3357	+	the license for any reason if the individual: 10
	3358	+
	3359	+	(1) Applies for reinstatement after the date the license expires; 11
	3360	+
	3361	+	(2) Meets the renewal requirements of this section; and 12
	3362	+
	3363	+	(3) Pays to the Board the reinstatement fee set by the Board. 13
	3364	+
	3365	+	(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 14
	3366	+	records check in accordance with § 14–308.1 of this title for: 15
	3367	+
	3368	+	(i) Renewal applicants as determined by regulations adopted by the 16
	3369	+	Board; and 17
	3370	+
	3371	+	(ii) Each former licensee who files for reinstatement under 18
	3372	+	subsection (f) of this section. 19
	3373	+
	3374	+	(2) On receipt of the criminal history record information of a licensee 20
	3375	+	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 21
	3376	+	disciplinary action should be taken, based on the criminal history record information, 22
	3377	+	against a licensee who renewed or reinstated a license, the Board shall consider: 23
	3378	+
	3379	+	(i) The age at which the crime was committed; 24
	3380	+
	3381	+	(ii) The nature of the crime; 25
	3382	+
	3383	+	(iii) The circumstances surrounding the crime; 26
	3384	+
	3385	+	(iv) The length of time that has passed since the crime; 27
	3386	+
	3387	+	(v) Subsequent work history; 28
	3388	+
	3389	+	(vi) Employment and character references; and 29
	3390	+	72 HOUSE BILL 962
	3391	+
	3392	+
	3393	+	(vii) Other evidence that demonstrates whether the licensee poses a 1
	3394	+	threat to the public health or safety. 2
	3395	+
	3396	+	(3) The Board may renew or reinstate a license only if the licensee or 3
	3397	+	applicant attests that the licensee or applicant has submitted to a criminal history records 4
	3398	+	check under § 14–308.1 of this title. 5
	3399	+
	3400	+	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 6
	3401	+	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 7
	3402	+	for failure of a licensee to obtain the continuing education credits required by the Board.] 8
	3403	+
	3404	+	14–5E–14. 9
	3405	+
	3406	+	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 10
	3407	+	name or address within 60 days after the change. 11
	3408	+
	3409	+	(2) A licensed perfusionist who fails to comply with the requirements of 12
	3410	+	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 13
	3411	+
	3412	+	[(b)] Each licensed perfusionist shall: 14
	3413	+
	3414	+	(1) Keep a copy of the license in the licensee’s employment file; and 15
	3415	+
	3416	+	(2) Make the license available for inspection on request. 16
	3417	+
	3418	+	14–5E–16. 17
	3419	+
	3420	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
	3421	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 19
	3422	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
	3423	+	suspend or revoke a license, if the [applicant or] licensee: 21
	3424	+
	3425	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
	3426	+	the applicant or licensee or for another; 23
	3427	+
	3428	+	(2) Fraudulently or deceptively uses a license; 24
	3429	+
	3430	+	(3) Is guilty of unprofessional or immoral conduct in the practice of 25
	3431	+	perfusion; 26
	3432	+
	3433	+	(4) Is professionally, physically, or mentally incompetent; 27
	3434	+
	3435	+	(5) Abandons a patient; 28
	3436	+
	3437	+	(6) Is habitually intoxicated; 29
	3438	+	HOUSE BILL 962 73
	3439	+
	3440	+
	3441	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1
	3442	+	substance as defined in § 5–101 of the Criminal Law Article; 2
	3443	+
	3444	+	(8) Provides professional services while: 3
	3445	+
	3446	+	(i) Under the influence of alcohol; or 4
	3447	+
	3448	+	(ii) Using any narcotic or controlled dangerous substance as defined 5
	3449	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
	3450	+	amounts or without valid medical indication; 7
	3451	+
	3452	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
	3453	+	patient so as to exploit the patient for financial gain; 9
	3454	+
	3455	+	(10) Willfully makes or files a false report or record in the practice of 10
	3456	+	perfusion; 11
	3457	+
	3458	+	(11) Willfully fails to file or record any report as required under law, 12
	3459	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
	3460	+	to file or record a report; 14
	3461	+
	3462	+	(12) Breaches patient confidentiality; 15
	3463	+
	3464	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
	3465	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 17
	3466	+	accept any sum or any form of remuneration or material benefit from an individual for 18
	3467	+	bringing or referring a patient; 19
	3468	+
	3469	+	(14) Knowingly makes a misrepresentation while practicing perfusion; 20
	3470	+
	3471	+	(15) Knowingly practices perfusion with an unauthorized individual or aids 21
	3472	+	an unauthorized individual in the practice of perfusion; 22
	3473	+
	3474	+	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 23
	3475	+
	3476	+	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
	3477	+	method, treatment, or medicine; 25
	3478	+
	3479	+	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
	3480	+	disciplined by a court of any state or country or is disciplined by any branch of the United 27
	3481	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
	3482	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 29
	3483	+
	3484	+	(19) Fails to meet appropriate standards for the delivery of perfusion 30
	3485	+	services; 31
	3486	+	74 HOUSE BILL 962
	3487	+
	3488	+
	3489	+	(20) Knowingly submits false statements to collect fees for which services 1
	3490	+	are not provided; 2
	3491	+
	3492	+	(21) (i) Has been subject to investigation or disciplinary action by a 3
	3493	+	licensing or disciplinary authority or by a court of any state or country for an act that would 4
	3494	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
	3495	+
	3496	+	(ii) Has: 6
	3497	+
	3498	+	1. Surrendered the license, if any, issued by the state or 7
	3499	+	country; or 8
	3500	+
	3501	+	2. Allowed the license, if any, issued by the state or country 9
	3502	+	to expire or lapse; 10
	3503	+
	3504	+	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
	3505	+	of the Family Law Article; 12
	3506	+
	3507	+	(23) Sells, prescribes, gives away, or administers drugs for illegal or 13
	3508	+	illegitimate medical purposes; 14
	3509	+
	3510	+	(24) Practices or attempts to practice beyond the authorized scope of 15
	3511	+	practice; 16
	3512	+
	3513	+	(25) Refuses, withholds from, denies, or discriminates against an individual 17
	3514	+	with regard to the provision of professional services for which the licensee is licensed and 18
	3515	+	qualified to render because the individual is HIV positive; 19
	3516	+
	3517	+	(26) Practices or attempts to practice a perfusion procedure or uses or 20
	3518	+	attempts to use perfusion equipment if the applicant or licensee has not received education 21
	3519	+	and training in the performance of the procedure or the use of the equipment; 22
	3520	+
	3521	+	(27) Fails to cooperate with a lawful investigation of the Board or a 23
	3522	+	disciplinary panel; or 24
	3523	+
	3524	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
	3525	+	14–302 of this title. 26
	3526	+
	3527	+	14–5F–07. 27
	3528	+
	3529	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 28
	3530	+
	3531	+	14–5F–11. 29
	3532	+
	3533	+	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 30
	3534	+	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 31
	3535	+	requirements of this section. 32 HOUSE BILL 962 75
	3536	+
	3537	+
	3538	+
	3539	+	(b) The applicant shall be of good moral character. 1
	3540	+
	3541	+	(c) The] applicant shall be at least 21 years old. 2
	3542	+
	3543	+	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 3
	3544	+
	3545	+	(1) Have a doctorate in naturopathic medicine from an approved 4
	3546	+	naturopathic medical program; and 5
	3547	+
	3548	+	(2) Pass the competency –based national naturopathic licensing 6
	3549	+	examination Part I and Part II administered by the North American Board of Naturopathic 7
	3550	+	Examiners, or its successor agency that has been nationally recognized to administer a 8
	3551	+	naturopathic examination that represents federal standards of education and training. 9
	3552	+
	3553	+	[(e)] (C) An applicant shall be physically and mentally capable of safely 10
	3554	+	practicing naturopathic medicine with or without reasonable accommodation. 11
	3555	+
	3556	+	[(f)] (D) If an applicant is licensed, certified, or registered to practice 12
	3557	+	naturopathic medicine or any other health occupation in another state, the applicant shall 13
	3558	+	be in good standing with the applicable state licensing, certification, or registration 14
	3559	+	authority. 15
	3560	+
	3561	+	[(g) An applicant shall complete a criminal history records check in accordance 16
	3562	+	with § 14–308.1 of this title.] 17
	3563	+
	3564	+	14–5F–12. 18
	3565	+
	3566	+	To apply for a license, an applicant shall: 19
	3567	+
	3568	+	[(1) Complete a criminal history records check in accordance with § 20
	3569	+	14–308.1 of this title; 21
	3570	+
	3571	+	(2) Submit an application to the Board on a form that the Board requires; 22
	3572	+
	3573	+	(3) Pay to the Board an application fee set by the Board;] 23
	3574	+
	3575	+	[(4)] (1) If the applicant has been licensed, certified, or registered to 24
	3576	+	practice naturopathic medicine in another state, submit all evidence relating to: 25
	3577	+
	3578	+	(i) Any disciplinary action taken or any administrative penalties 26
	3579	+	assessed against the applicant by the appropriate state licensing, certification, or 27
	3580	+	registration authority; and 28
	3581	+	76 HOUSE BILL 962
	3582	+
	3583	+
	3584	+	(ii) Any consent agreements the applicant entered into that contain 1
	3585	+	conditions placed on the applicant’s professional conduct and practice, including any 2
	3586	+	voluntary surrender of a license; 3
	3587	+
	3588	+	[(5)] (2) Complete and submit to the Board a Board–approved written 4
	3589	+	attestation that: 5
	3590	+
	3591	+	(i) States that the applicant has a collaboration and consultation 6
	3592	+	agreement with a physician licensed under this article; 7
	3593	+
	3594	+	(ii) Includes the name and license number of the physician with 8
	3595	+	whom the applicant has a collaboration and consultation agreement; 9
	3596	+
	3597	+	(iii) States that the applicant will refer patients to and consult with 10
	3598	+	physicians and other health care providers licensed or certified under this article as needed; 11
	3599	+	and 12
	3600	+
	3601	+	(iv) States that the applicant will require patients to sign a consent 13
	3602	+	form that states that the applicant’s practice of naturopathic medicine is limited to the 14
	3603	+	scope of practice identified in § 14–5F–14 of this subtitle; and 15
	3604	+
	3605	+	[(6)] (3) Inform the physician named in the attestation that the physician 16
	3606	+	has been named. 17
	3607	+
	3608	+	14–5F–15. 18
	3609	+
	3610	+	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 19
	3611	+
	3612	+	(2) A license expires on a date set by the Board, unless the license is 20
	3613	+	renewed as provided in this section. 21
	3614	+
	3615	+	(b) At least 1 month before the license expires, the Board shall send to the licensee 22
	3616	+	a renewal notice that states: 23
	3617	+
	3618	+	(1) The date on which the current license expires; 24
	3619	+
	3620	+	(2) The date by which the renewal application must be received by the 25
	3621	+	Board for the renewal to be issued and mailed before the license expires; and 26
	3622	+
	3623	+	(3) The amount of the renewal fee. 27
	3624	+
	3625	+	(c) The Board shall renew the license of a licensee who: 28
	3626	+
	3627	+	(1) Submits a renewal application on the form that the Board requires; 29
	3628	+
	3629	+	(2) Is of good moral character; 30
	3630	+	HOUSE BILL 962 77
	3631	+
	3632	+
	3633	+	(3) Pays a renewal fee set by the Board; 1
	3634	+
	3635	+	(4) Is otherwise entitled to be licensed; 2
	3636	+
	3637	+	(5) Meets the continuing education requirements adopted by the Board; 3
	3638	+	and 4
	3639	+
	3640	+	(6) Provides] IN ADDITION TO MEETIN G THE LIC ENSE RENEWAL 5
	3641	+	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 6
	3642	+	evidence of biennial cardiopulmonary resuscitation certification. 7
	3643	+
	3644	+	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 8
	3645	+	records check in accordance with § 14–308.1 of this title for: 9
	3646	+
	3647	+	(i) Renewal applicants as determined by regulations adopted by the 10
	3648	+	Board; and 11
	3649	+
	3650	+	(ii) Each former licensee who files for reinstatement under § 12
	3651	+	14–5F–16(b) of this subtitle. 13
	3652	+
	3653	+	(2) On receipt of the criminal history record information of a licensee 14
	3654	+	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 15
	3655	+	disciplinary action should be taken, based on the criminal history record information, 16
	3656	+	against a licensee who renewed or reinstated a license, the Board shall consider: 17
	3657	+
	3658	+	(i) The age at which the crime was committed; 18
	3659	+
	3660	+	(ii) The nature of the crime; 19
	3661	+
	3662	+	(iii) The circumstances surrounding the crime; 20
	3663	+
	3664	+	(iv) The length of time that has passed since the crime; 21
	3665	+
	3666	+	(v) Subsequent work history; 22
	3667	+
	3668	+	(vi) Employment and character references; and 23
	3669	+
	3670	+	(vii) Other evidence that demonstrates whether the licensee poses a 24
	3671	+	threat to the public health or safety. 25
	3672	+
	3673	+	(3) The Board may renew or reinstate a license only if the licensee or 26
	3674	+	applicant attests that the licensee or applicant has submitted to a criminal history records 27
	3675	+	check under § 14–308.1 of this title. 28
	3676	+
	3677	+	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 29
	3678	+	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 30
	3679	+	for failure of a licensee to obtain the continuing education credits required by the Board.] 31 78 HOUSE BILL 962
	3680	+
	3681	+
	3682	+
	3683	+	14–5F–16. 1
	3684	+
	3685	+	(a) [(1)] The Board may place a licensee on inactive status if the licensee 2
	3686	+	submits to the Board: 3
	3687	+
	3688	+	[(i)] (1) An application for inactive status on the form required by 4
	3689	+	the Board; and 5
	3690	+
	3691	+	[(ii)] (2) The inactive status fee set by the Board. 6
	3692	+
	3693	+	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 7
	3694	+	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 8
	3695	+	and submits to the Board: 9
	3696	+
	3697	+	[(i)] (1) Satisfactory evidence of compliance with the requirements 10
	3698	+	of [§ 14–308.1] § 14–302 of this title; 11
	3699	+
	3700	+	[(ii)] (2) Satisfactory evidence of compliance with the continuing 12
	3701	+	education requirements the Board adopts for this purpose; and 13
	3702	+
	3703	+	[(iii)] (3) A reinstatement fee set by the Board. 14
	3704	+
	3705	+	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 15
	3706	+	to renew the license for any reason if the naturopathic doctor: 16
	3707	+
	3708	+	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 17
	3709	+
	3710	+	(2) Pays to the Board a reinstatement fee set by the Board; and 18
	3711	+
	3712	+	(3) Submits to the Board satisfactory evidence of compliance with the 19
	3713	+	qualifications and requirements adopted by the Board under this subtitle for license 20
	3714	+	reinstatements.] 21
	3715	+
	3716	+	14–5F–18. 22
2944	3717
2945	3718		(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 23
2946	3719		on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 24
2947	3720		license to any applicant,] reprimand any licensee, place any licensee on probation, or 25
2948		-	suspend or revoke a license, if the [applicant or] licensee: 26
2949		-
2950		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 27
2951		-	the applicant, licensee, or for another; 28
2952		-
2953		-	(2) Fraudulently or deceptively uses a license; 29
2954		-
2955		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 30
2956		-	polysomnography; 31 HOUSE BILL 962 63
2957		-
2958		-
2959		-
2960		-	(4) Is professionally, physically, or mentally incompetent; 1
2961		-
2962		-	(5) Abandons a patient; 2
2963		-
2964		-	(6) Is habitually intoxicated; 3
2965		-
2966		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 4
2967		-	substance as defined in § 5–101 of the Criminal Law Article; 5
2968		-
2969		-	(8) Provides professional services while: 6
2970		-
2971		-	(i) Under the influence of alcohol; or 7
2972		-
2973		-	(ii) Using any narcotic or controlled dangerous substance as defined 8
2974		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 9
2975		-	amounts or without valid medical indication; 10
2976		-
2977		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 11
2978		-	patient so as to exploit the patient for financial gain; 12
2979		-
2980		-	(10) Willfully makes or files a false report or record in the practice of 13
2981		-	polysomnography; 14
2982		-
2983		-	(11) Willfully fails to file or record any report as required under law, 15
2984		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 16
2985		-	to file or record a report; 17
2986		-
2987		-	(12) Breaches patient confidentiality; 18
2988		-
2989		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 19
2990		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 20
2991		-	accept any sum or any form of remuneration or material benefit from an individual for 21
2992		-	bringing or referring a patient; 22
2993		-
2994		-	(14) Knowingly makes a misrepresentation while practicing 23
2995		-	polysomnography; 24
2996		-
2997		-	(15) Knowingly practices polysomnography with an unauthorized individual 25
2998		-	or aids an unauthorized individual in the practice of polysomnography; 26
2999		-
3000		-	(16) Knowingly delegates a polysomnographic duty to an unlicensed 27
3001		-	individual; 28
3002		-
3003		-	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 29
3004		-	method, treatment, or medicine; 30
3005		-	64 HOUSE BILL 962
3006		-
3007		-
3008		-	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 1
3009		-	disciplined by a court of any state or country or is disciplined by any branch of the United 2
3010		-	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 3
3011		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 4
3012		-
3013		-	(19) Fails to meet appropriate standards for the delivery of 5
3014		-	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 6
3015		-	center; 7
3016		-
3017		-	(20) Knowingly submits false statements to collect fees for which services 8
3018		-	are not provided; 9
3019		-
3020		-	(21) (i) Has been subject to investigation or disciplinary action by a 10
3021		-	licensing or disciplinary authority or by a court of any state or country for an act that would 11
3022		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 12
3023		-
3024		-	(ii) Has: 13
3025		-
3026		-	1. Surrendered the license, if any, issued by the state or 14
3027		-	country; or 15
3028		-
3029		-	2. Allowed the license, if any, issued by the state or country 16
3030		-	to expire or lapse; 17
3031		-
3032		-	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 18
3033		-	of the Family Law Article; 19
3034		-
3035		-	(23) Sells, prescribes, gives away, or administers drugs for illegal or 20
3036		-	illegitimate medical purposes; 21
3037		-
3038		-	(24) Practices or attempts to practice beyond the authorized scope of 22
3039		-	practice; 23
3040		-
3041		-	(25) Refuses, withholds from, denies, or discriminates against an individual 24
3042		-	with regard to the provision of professional services for which the licensee is licensed and 25
3043		-	qualified to render because the individual is HIV positive; 26
3044		-
3045		-	(26) Practices or attempts to practice a polysomnography procedure or uses 27
3046		-	or attempts to use polysomnography equipment if the applicant or licensee has not received 28
3047		-	education and training in the performance of the procedure or the use of the equipment; 29
3048		-
3049		-	(27) Fails to cooperate with a lawful investigation conducted by the Board; 30
3050		-	or 31
3051		-
3052		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 32
3053		-	14–302 of this title. 33
3054		-	HOUSE BILL 962 65
3055		-
3056		-
3057		-	14–5D–05. 1
3058		-
3059		-	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 2
3060		-
3061		-	14–5D–07. 3
3062		-
3063		-	(b) This section does not apply to: 4
3064		-
3065		-	(1) An individual employed by the federal government as an athletic 5
3066		-	trainer while the individual is practicing within the scope of that employment; 6
3067		-
3068		-	(2) An individual employed by or under contract with an entity located in 7
3069		-	another state who represents that entity: 8
3070		-
3071		-	(i) At an athletic event in the State; 9
3072		-
3073		-	(ii) For a period of time not to exceed 45 days within a calendar year; 10
3074		-	and 11
3075		-
3076		-	(iii) By providing athletic training services to individuals 12
3077		-	representing the entity at the event; or 13
3078		-
3079		-	(3) A student enrolled in an education program that meets the criteria of 14
3080		-	[§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an unpaid, clinical 15
3081		-	educational experience of athletic training. 16
3082		-
3083		-	14–5D–08. 17
3084		-
3085		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 18
3086		-	requirements of this section. 19
3087		-
3088		-	(b) The applicant shall: 20
3089		-
3090		-	(1) Be of good moral character; 21
3091		-
3092		-	(2) Be at least 18 years old; and 22
3093		-
3094		-	(3) Complete a criminal history records check in accordance with § 23
3095		-	14–308.1 of this title.] 24
3096		-
3097		-	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 25
3098		-	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 26
3099		-
3100		-	(1) Have a current certification by a national certifying board approved by 27
3101		-	the Board; AND 28
3102		-	66 HOUSE BILL 962
3103		-
3104		-
3105		-	(2) Have received a bachelor’s or master’s degree from an athletic training 1
3106		-	educational program that is accredited by the Commission on Accreditation of Athletic 2
3107		-	Training Education or its successor[; 3
3108		-
3109		-	(3) Demonstrate oral and written competency in English as required by the 4
3110		-	Board; and 5
3111		-
3112		-	(4) Meet any other requirements established by the Board]. 6
3113		-
3114		-	[(d)] (B) The Board shall waive the education requirements under this section if 7
3115		-	an individual was certified by the National Athletic Trainers’ Association Board of 8
3116		-	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 9
3117		-
3118		-	14–5D–10. 10
3119		-
3120		-	(a) An athletic trainer license authorizes the licensee to practice athletic training 11
3121		-	services IN THE STATE while the license is effective. 12
3122		-
3123		-	14–5D–14. 13
3124		-
3125		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 14
3126		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 15
3127		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 16
3128		-	suspend or revoke a license, if the [applicant or] licensee: 17
3129		-
3130		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 18
3131		-	the applicant, licensee, or for another; 19
3132		-
3133		-	(2) Fraudulently or deceptively uses a license; 20
3134		-
3135		-	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 21
3136		-	training; 22
3137		-
3138		-	(4) Is professionally, physically, or mentally incompetent; 23
3139		-
3140		-	(5) Abandons a patient; 24
3141		-
3142		-	(6) Habitually is intoxicated; 25
3143		-
3144		-	(7) Is addicted to, or habitually abuses, any narcotic or controlled 26
3145		-	dangerous substance as defined in § 5–101 of the Criminal Law Article; 27
3146		-
3147		-	(8) Provides professional services while: 28
3148		-
3149		-	(i) Under the influence of alcohol; or 29
3150		-	HOUSE BILL 962 67
3151		-
3152		-
3153		-	(ii) Using any narcotic or controlled dangerous substance as defined 1
3154		-	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 2
3155		-	amounts or without valid medical indication; 3
3156		-
3157		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 4
	3721	+	suspend or revoke a license of any licensee if the [applicant or] licensee: 26
	3722	+
	3723	+	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 27
	3724	+	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 28
	3725	+	Article, or any drug without a valid prescription or indication, or provides professional 29
	3726	+	services while under the influence of alcohol or using any narcotic or controlled dangerous 30
	3727	+	substance, as defined in § 5–101 of the Criminal Law Article; 31 HOUSE BILL 962 79
	3728	+
	3729	+
	3730	+
	3731	+	(2) Has been found to be mentally incompetent by a physician if the mental 1
	3732	+	incompetence impairs the ability of the applicant or licensee to undertake the practice of 2
	3733	+	naturopathic medicine in a manner consistent with the safety of the public; 3
	3734	+
	3735	+	(3) Has entered into a consent agreement with or has been assessed an 4
	3736	+	administrative penalty by a licensing authority in another state; 5
	3737	+
	3738	+	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 6
	3739	+	license for the applicant, the licensee, or another; 7
	3740	+
	3741	+	(5) Has a license revoked or suspended, or was otherwise acted against, 8
	3742	+	including the denial of licensure, by the licensing authority of another state; 9
	3743	+
	3744	+	(6) Uses false, deceptive, or misleading advertising; 10
	3745	+
	3746	+	(7) Advertises, practices, or attempts to practice under a name other than 11
	3747	+	the applicant’s or licensee’s own name; 12
	3748	+
	3749	+	(8) Aids, assists, employs, or advises any unlicensed individual to practice 13
	3750	+	naturopathic medicine in violation of this subtitle; 14
	3751	+
	3752	+	(9) Willfully makes or files a false report or record in the practice of 15
	3753	+	naturopathic medicine; 16
	3754	+
	3755	+	(10) Willfully or negligently fails to file a report or record as required by law, 17
	3756	+	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 18
	3757	+	to file or record a report; 19
	3758	+
	3759	+	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 20
	3760	+	in any split–fee arrangement in any form with a licensed physician, organization, agency, 21
	3761	+	or other person, either directly or indirectly, for patients referred to health care providers; 22
	3762	+
	3763	+	(12) Exercises influence within a patient–doctor relationship for purposes of 23
	3764	+	engaging a patient in sexual activity; 24
	3765	+
	3766	+	(13) Engages in sexual misconduct with a patient; 25
	3767	+
	3768	+	(14) Fails to keep written medical records justifying the course of treatment 26
	3769	+	of a patient; 27
	3770	+
	3771	+	(15) Engages in an act or omission that does not meet generally accepted 28
	3772	+	standards of practice of naturopathic medicine or of safe care of patients, whether or not 29
	3773	+	actual injury to a patient is established; 30
	3774	+	80 HOUSE BILL 962
	3775	+
	3776	+
	3777	+	(16) Delegates professional responsibilities to an individual when the 1
	3778	+	licensee delegating the responsibilities knows or has reason to know that the individual is 2
	3779	+	not qualified by training, experience, or licensure to perform the responsibilities; 3
	3780	+
	3781	+	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 4
3158	3782		patient so as to exploit the patient for financial gain; 5
3159	3783
3160		-	(10) Willfully makes or files a false report or record in the practice of athletic 6
3161		-	training; 7
3162		-
3163		-	(11) Willfully fails to file or record any report as required under law, 8
3164		-	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 9
3165		-	to file or record the report; 10
3166		-
3167		-	(12) Breaches patient confidentiality; 11
3168		-
3169		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 12
3170		-	material benefit to any individual for bringing or referring a patient or accepts or agrees to 13
3171		-	accept any sum or any form of remuneration or material benefit from an individual for 14
3172		-	bringing or referring a patient; 15
3173		-
3174		-	(14) Knowingly makes a misrepresentation while practicing athletic 16
3175		-	training; 17
3176		-
3177		-	(15) Knowingly practices athletic training with an unauthorized individual 18
3178		-	or aids an unauthorized individual in the practice of athletic trainer services; 19
3179		-
3180		-	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 20
3181		-	method, treatment, or medicine; 21
3182		-
3183		-	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 22
3184		-	convicted or disciplined by a court of any state or country or is disciplined by any branch of 23
3185		-	the United States uniformed services or the Veterans Administration for an act that would 24
3186		-	be grounds for disciplinary action under this section; 25
3187		-
3188		-	(18) Fails to meet appropriate standards for the delivery of athletic training 26
3189		-	services; 27
3190		-
3191		-	(19) Knowingly submits false statements to collect fees for which services 28
3192		-	have not been provided; 29
3193		-
3194		-	(20) (i) Has been subject to investigation or disciplinary action by a 30
3195		-	licensing or disciplinary authority or by a court of any state or country for an act that would 31
3196		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 32
3197		-
3198		-	(ii) Has: 33
3199		-	68 HOUSE BILL 962
3200		-
3201		-
3202		-	1. Surrendered the license issued by the state or country; or 1
3203		-
3204		-	2. Allowed the license issued by the state or country to expire 2
3205		-	or lapse; 3
3206		-
3207		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 4
3208		-	of the Family Law Article; 5
3209		-
3210		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 6
3211		-	illegitimate medical purposes; 7
3212		-
3213		-	(23) Practices or attempts to practice beyond the authorized scope of 8
3214		-	practice; 9
3215		-
3216		-	(24) Refuses, withholds from, denies, or discriminates against an individual 10
3217		-	with regard to the provision of professional services for which the licensee is licensed and 11
3218		-	qualified to render because the individual is HIV positive; 12
3219		-
3220		-	(25) Practices or attempts to practice an athletic training procedure or uses 13
3221		-	or attempts to use athletic training equipment if the applicant or licensee has not received 14
3222		-	education and training in the performance of the procedure or the use of the equipment; 15
3223		-
3224		-	(26) Fails to cooperate with a lawful investigation conducted by the Board 16
3225		-	or a disciplinary panel; 17
3226		-
3227		-	(27) Fails to practice under the supervision of a physician or violates the 18
3228		-	approved evaluation and treatment protocol; 19
3229		-
3230		-	(28) Violates an order of the Board or a disciplinary panel, including any 20
3231		-	condition of probation; or 21
3232		-
3233		-	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 22
	3784	+	(18) Breaches patient confidentiality; 6
	3785	+
	3786	+	(19) Is guilty of unprofessional or immoral conduct in the practice of 7
	3787	+	naturopathic medicine; 8
	3788	+
	3789	+	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 9
	3790	+	method, treatment, or medicine; 10
	3791	+
	3792	+	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 11
	3793	+	of the Family Law Article; 12
	3794	+
	3795	+	(22) Sells, prescribes, gives away, or administers drugs for illegal or 13
	3796	+	illegitimate purposes; 14
	3797	+
	3798	+	(23) Denies or discriminates against an individual with regard to the 15
	3799	+	provision of professional services for which the licensee is licensed and qualified to render 16
	3800	+	because the individual is HIV positive; 17
	3801	+
	3802	+	(24) Fails to cooperate with a lawful investigation of the Board; 18
	3803	+
	3804	+	(25) Abandons a patient; 19
	3805	+
	3806	+	(26) Violates any provision of this title or any regulation adopted by the 20
	3807	+	Board; or 21
	3808	+
	3809	+	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 22
3234	3810		14–302 of this title. 23
3235	3811
3236		-	14–5E–01. 24
3237		-
3238		-	(a) In this subtitle the following words have the meanings indicated. 25
3239		-
3240		-	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 26
3241		-	14–5E–09 of this subtitle, is: 27
3242		-
3243		-	(1) Enrolled in an accredited educational program to qualify for a license 28
3244		-	under this subtitle; and 29
3245		-
3246		-	(2) Performing perfusion services within the accredited program under the 30
3247		-	supervision of a licensed perfusionist and without compensation. 31
3248		-	HOUSE BILL 962 69
3249		-
3250		-
3251		-	14–5E–06. 1
3252		-
3253		-	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 2
3254		-
3255		-	14–5E–08. 3
3256		-
3257		-	(b) This section does not apply to a student enrolled in an education program 4
3258		-	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 5
3259		-	program. 6
3260		-
3261		-	14–5E–09. 7
3262		-
3263		-	[(a) To qualify for a license, an applicant shall be an individual who meets the 8
3264		-	requirements of this section. 9
3265		-
3266		-	(b) The applicant shall: 10
3267		-
3268		-	(1) Be of good moral character; 11
3269		-
3270		-	(2) Be at least 18 years old; and 12
3271		-
3272		-	(3) Complete a criminal history records check in accordance with § 13
3273		-	14–308.1 of this title. 14
3274		-
3275		-	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 15
3276		-	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 16
3277		-
3278		-	(1) (i) Submit to the Board satisfactory evidence of certification as a 17
3279		-	certified perfusionist or other national certification approved by the Board; and 18
3280		-
3281		-	(ii) Meet any other educational or clinical requirements established 19
3282		-	by the Committee and approved by the Board; or 20
3283		-
3284		-	(2) (i) Submit to the Board satisfactory evidence of graduation from a 21
3285		-	perfusion educational program that is accredited by the Commission on Accreditation of 22
3286		-	Allied Health Education Programs, or the Commission’s predecessor or successor; and 23
3287		-
3288		-	(ii) Meet any other educational or clinical requirements established 24
3289		-	by the Committee and approved by the Board. 25
3290		-
3291		-	14–5E–10. 26
3292		-
3293		-	(a) Except as provided in subsection (b) of this section, an applicant who 27
3294		-	otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 28
3295		-	entitled to be licensed for a single 2–year term before taking the national certifying 29 70 HOUSE BILL 962
3296		-
3297		-
3298		-	examination given by the American Board of Cardiovascular Perfusion or its successor 1
3299		-	organization or another examination given or approved by the Board. 2
3300		-
3301		-	14–5E–13. 3
3302		-
3303		-	[(a) (1) A license expires on a date set by the Board, unless the license is 4
3304		-	renewed for an additional term as provided in this section. 5
3305		-
3306		-	(2) The term of a license issued by the Board may not exceed 3 years. 6
3307		-
3308		-	(b) At least 1 month before a license expires, the Board shall send to the licensed 7
3309		-	perfusionist a renewal notice that states: 8
3310		-
3311		-	(1) The date on which the current license expires; 9
3312		-
3313		-	(2) The date by which the renewal application must be received by the 10
3314		-	Board for the renewal to be issued and sent before the license expires; 11
3315		-
3316		-	(3) The amount of the renewal fee; and] 12
3317		-
3318		-	[(4)] (A) For licensees who qualified for an initial license under [§ 13
3319		-	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO 14
3320		-	LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 15
3321		-	the licensee must submit satisfactory evidence of a passing score on the examination as 16
3322		-	required under subsection [(c)(2)] (B) of this section. 17
3323		-
3324		-	[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 18
3325		-	the licensed perfusionist periodically may renew it for an additional term, if the licensee: 19
3326		-
3327		-	(i) Otherwise is entitled to be licensed; 20
3328		-
3329		-	(ii) Is of good moral character; 21
3330		-
3331		-	(iii) Pays to the Board a renewal fee set by the Board; and 22
3332		-
3333		-	(iv) Except as provided in paragraph (2) of this subsection, submits 23
3334		-	to the Board: 24
3335		-
3336		-	1. A renewal application on the form that the Board requires; 25
3337		-	and 26
3338		-
3339		-	2. Satisfactory evidence of compliance with any continuing 27
3340		-	education or competency requirements and other requirements set under this section for 28
3341		-	license renewal.] 29
3342		-	HOUSE BILL 962 71
3343		-
3344		-
3345		-	[(2)] (B) A licensee who qualified for an initial license under [§ 1
3346		-	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 2
3347		-	evidence of a passing score on the national certifying examination given by the American 3
3348		-	Board of Cardiovascular Perfusion or its successor organization or another examination 4
3349		-	given or approved by the Board. 5
3350		-
3351		-	[(d) In addition to any other qualifications and requirements established by the 6
3352		-	Board, the Board shall establish continuing education or competency requirements as a 7
3353		-	condition of the renewal of a license under this section.] 8
3354		-
3355		-	[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 9
3356		-	requirements of this section AND § 14–306 OF THIS TITLE. 10
3357		-
3358		-	(2) The Board may not renew the license of a licensee who fails to submit 11
3359		-	satisfactory evidence of a passing score on the examination as required under subsection 12
3360		-	[(c)(2)] (B) of this section. 13
3361		-
3362		-	[(f) The Board shall reinstate the license of an individual who has failed to renew 14
3363		-	the license for any reason if the individual: 15
3364		-
3365		-	(1) Applies for reinstatement after the date the license expires; 16
3366		-
3367		-	(2) Meets the renewal requirements of this section; and 17
3368		-
3369		-	(3) Pays to the Board the reinstatement fee set by the Board. 18
3370		-
3371		-	(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 19
3372		-	records check in accordance with § 14–308.1 of this title for: 20
3373		-
3374		-	(i) Renewal applicants as determined by regulations adopted by the 21
3375		-	Board; and 22
3376		-
3377		-	(ii) Each former licensee who files for reinstatement under 23
3378		-	subsection (f) of this section. 24
3379		-
3380		-	(2) On receipt of the criminal history record information of a licensee 25
3381		-	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 26
3382		-	disciplinary action should be taken, based on the criminal history record information, 27
3383		-	against a licensee who renewed or reinstated a license, the Board shall consider: 28
3384		-
3385		-	(i) The age at which the crime was committed; 29
3386		-
3387		-	(ii) The nature of the crime; 30
3388		-
3389		-	(iii) The circumstances surrounding the crime; 31
3390		-	72 HOUSE BILL 962
3391		-
3392		-
3393		-	(iv) The length of time that has passed since the crime; 1
3394		-
3395		-	(v) Subsequent work history; 2
3396		-
3397		-	(vi) Employment and character references; and 3
3398		-
3399		-	(vii) Other evidence that demonstrates whether the licensee poses a 4
3400		-	threat to the public health or safety. 5
3401		-
3402		-	(3) The Board may renew or reinstate a license only if the licensee or 6
3403		-	applicant attests that the licensee or applicant has submitted to a criminal history records 7
3404		-	check under § 14–308.1 of this title. 8
3405		-
3406		-	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 9
3407		-	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 10
3408		-	for failure of a licensee to obtain the continuing education credits required by the Board.] 11
3409		-
3410		-	14–5E–14. 12
3411		-
3412		-	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 13
3413		-	name or address within 60 days after the change. 14
3414		-
3415		-	(2) A licensed perfusionist who fails to comply with the requirements of 15
3416		-	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 16
3417		-
3418		-	[(b)] Each licensed perfusionist shall: 17
3419		-
3420		-	(1) Keep a copy of the license in the licensee’s employment file; and 18
3421		-
3422		-	(2) Make the license available for inspection on request. 19
3423		-
3424		-	14–5E–16. 20
3425		-
3426		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 21
3427		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 22
3428		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 23
3429		-	suspend or revoke a license, if the [applicant or] licensee: 24
3430		-
3431		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 25
3432		-	the applicant or licensee or for another; 26
3433		-
3434		-	(2) Fraudulently or deceptively uses a license; 27
3435		-
3436		-	(3) Is guilty of unprofessional or immoral conduct in the practice of 28
3437		-	perfusion; 29
3438		-	HOUSE BILL 962 73
3439		-
3440		-
3441		-	(4) Is professionally, physically, or mentally incompetent; 1
3442		-
3443		-	(5) Abandons a patient; 2
3444		-
3445		-	(6) Is habitually intoxicated; 3
3446		-
3447		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 4
3448		-	substance as defined in § 5–101 of the Criminal Law Article; 5
3449		-
3450		-	(8) Provides professional services while: 6
3451		-
3452		-	(i) Under the influence of alcohol; or 7
3453		-
3454		-	(ii) Using any narcotic or controlled dangerous substance as defined 8
3455		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 9
3456		-	amounts or without valid medical indication; 10
3457		-
3458		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 11
3459		-	patient so as to exploit the patient for financial gain; 12
3460		-
3461		-	(10) Willfully makes or files a false report or record in the practice of 13
3462		-	perfusion; 14
3463		-
3464		-	(11) Willfully fails to file or record any report as required under law, 15
3465		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 16
3466		-	to file or record a report; 17
3467		-
3468		-	(12) Breaches patient confidentiality; 18
3469		-
3470		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 19
3471		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 20
3472		-	accept any sum or any form of remuneration or material benefit from an individual for 21
3473		-	bringing or referring a patient; 22
3474		-
3475		-	(14) Knowingly makes a misrepresentation while practicing perfusion; 23
3476		-
3477		-	(15) Knowingly practices perfusion with an unauthorized individual or aids 24
3478		-	an unauthorized individual in the practice of perfusion; 25
3479		-
3480		-	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 26
3481		-
3482		-	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 27
3483		-	method, treatment, or medicine; 28
3484		-
3485		-	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 29
3486		-	disciplined by a court of any state or country or is disciplined by any branch of the United 30 74 HOUSE BILL 962
3487		-
3488		-
3489		-	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 1
3490		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 2
3491		-
3492		-	(19) Fails to meet appropriate standards for the delivery of perfusion 3
3493		-	services; 4
3494		-
3495		-	(20) Knowingly submits false statements to collect fees for which services 5
3496		-	are not provided; 6
3497		-
3498		-	(21) (i) Has been subject to investigation or disciplinary action by a 7
3499		-	licensing or disciplinary authority or by a court of any state or country for an act that would 8
3500		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 9
3501		-
3502		-	(ii) Has: 10
3503		-
3504		-	1. Surrendered the license, if any, issued by the state or 11
3505		-	country; or 12
3506		-
3507		-	2. Allowed the license, if any, issued by the state or country 13
3508		-	to expire or lapse; 14
3509		-
3510		-	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 15
3511		-	of the Family Law Article; 16
3512		-
3513		-	(23) Sells, prescribes, gives away, or administers drugs for illegal or 17
3514		-	illegitimate medical purposes; 18
3515		-
3516		-	(24) Practices or attempts to practice beyond the authorized scope of 19
3517		-	practice; 20
3518		-
3519		-	(25) Refuses, withholds from, denies, or discriminates against an individual 21
3520		-	with regard to the provision of professional services for which the licensee is licensed and 22
3521		-	qualified to render because the individual is HIV positive; 23
3522		-
3523		-	(26) Practices or attempts to practice a perfusion procedure or uses or 24
3524		-	attempts to use perfusion equipment if the applicant or licensee has not received education 25
3525		-	and training in the performance of the procedure or the use of the equipment; 26
3526		-
3527		-	(27) Fails to cooperate with a lawful investigation of the Board or a 27
3528		-	disciplinary panel; or 28
3529		-
3530		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 29
3531		-	14–302 of this title. 30
3532		-
3533		-	14–5F–07. 31
3534		-
3535		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 32 HOUSE BILL 962 75
3536		-
3537		-
3538		-
3539		-	14–5F–11. 1
3540		-
3541		-	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 2
3542		-	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 3
3543		-	requirements of this section. 4
3544		-
3545		-	(b) The applicant shall be of good moral character. 5
3546		-
3547		-	(c) The] applicant shall be at least 21 years old. 6
3548		-
3549		-	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 7
3550		-
3551		-	(1) Have a doctorate in naturopathic medicine from an approved 8
3552		-	naturopathic medical program; and 9
3553		-
3554		-	(2) Pass the competency–based national naturopathic licensing 10
3555		-	examination Part I and Part II administered by the North American Board of Naturopathic 11
3556		-	Examiners, or its successor agency that has been nationally recognized to administer a 12
3557		-	naturopathic examination that represents federal standards of education and training. 13
3558		-
3559		-	[(e)] (C) An applicant shall be physically and mentally capable of safely 14
3560		-	practicing naturopathic medicine with or without reasonable accommodation. 15
3561		-
3562		-	[(f)] (D) If an applicant is licensed, certified, or registered to practice 16
3563		-	naturopathic medicine or any other health occupation in another state, the applicant shall 17
3564		-	be in good standing with the applicable state licensing, certification, or registration 18
3565		-	authority. 19
3566		-
3567		-	[(g) An applicant shall complete a criminal history records check in accordance 20
3568		-	with § 14–308.1 of this title.] 21
3569		-
3570		-	14–5F–12. 22
3571		-
3572		-	To apply for a license, an applicant shall: 23
3573		-
3574		-	[(1) Complete a criminal history records check in accordance with § 24
3575		-	14–308.1 of this title; 25
3576		-
3577		-	(2) Submit an application to the Board on a form that the Board requires; 26
3578		-
3579		-	(3) Pay to the Board an application fee set by the Board;] 27
3580		-
3581		-	[(4)] (1) If the applicant has been licensed, certified, or registered to 28
3582		-	practice naturopathic medicine in another state, submit all evidence relating to: 29
3583		-	76 HOUSE BILL 962
3584		-
3585		-
3586		-	(i) Any disciplinary action taken or any administrative penalties 1
3587		-	assessed against the applicant by the appropriate state licensing, certification, or 2
3588		-	registration authority; and 3
3589		-
3590		-	(ii) Any consent agreements the applicant entered into that contain 4
3591		-	conditions placed on the applicant’s professional conduct and practice, including any 5
3592		-	voluntary surrender of a license; 6
3593		-
3594		-	[(5)] (2) Complete and submit to the Board a Board–approved written 7
3595		-	attestation that: 8
3596		-
3597		-	(i) States that the applicant has a collaboration and consultation 9
3598		-	agreement with a physician licensed under this article; 10
3599		-
3600		-	(ii) Includes the name and license number of the physician with 11
3601		-	whom the applicant has a collaboration and consultation agreement; 12
3602		-
3603		-	(iii) States that the applicant will refer patients to and consult with 13
3604		-	physicians and other health care providers licensed or certified under this article as needed; 14
3605		-	and 15
3606		-
3607		-	(iv) States that the applicant will require patients to sign a consent 16
3608		-	form that states that the applicant’s practice of naturopathic medicine is limited to the 17
3609		-	scope of practice identified in § 14–5F–14 of this subtitle; and 18
3610		-
3611		-	[(6)] (3) Inform the physician named in the attestation that the physician 19
3612		-	has been named. 20
3613		-
3614		-	14–5F–15. 21
3615		-
3616		-	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 22
3617		-
3618		-	(2) A license expires on a date set by the Board, unless the license is 23
3619		-	renewed as provided in this section. 24
3620		-
3621		-	(b) At least 1 month before the license expires, the Board shall send to the licensee 25
3622		-	a renewal notice that states: 26
3623		-
3624		-	(1) The date on which the current license expires; 27
3625		-
3626		-	(2) The date by which the renewal application must be received by the 28
3627		-	Board for the renewal to be issued and mailed before the license expires; and 29
3628		-
3629		-	(3) The amount of the renewal fee. 30
3630		-
3631		-	(c) The Board shall renew the license of a licensee who: 31
3632		-	HOUSE BILL 962 77
3633		-
3634		-
3635		-	(1) Submits a renewal application on the form that the Board requires; 1
3636		-
3637		-	(2) Is of good moral character; 2
3638		-
3639		-	(3) Pays a renewal fee set by the Board; 3
3640		-
3641		-	(4) Is otherwise entitled to be licensed; 4
3642		-
3643		-	(5) Meets the continuing education requirements adopted by the Board; 5
3644		-	and 6
3645		-
3646		-	(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 7
3647		-	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 8
3648		-	evidence of biennial cardiopulmonary resuscitation certification. 9
3649		-
3650		-	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 10
3651		-	records check in accordance with § 14–308.1 of this title for: 11
3652		-
3653		-	(i) Renewal applicants as determined by regulations adopted by the 12
3654		-	Board; and 13
3655		-
3656		-	(ii) Each former licensee who files for reinstatement under § 14
3657		-	14–5F–16(b) of this subtitle. 15
3658		-
3659		-	(2) On receipt of the criminal history record information of a licensee 16
3660		-	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 17
3661		-	disciplinary action should be taken, based on the criminal history record information, 18
3662		-	against a licensee who renewed or reinstated a license, the Board shall consider: 19
3663		-
3664		-	(i) The age at which the crime was committed; 20
3665		-
3666		-	(ii) The nature of the crime; 21
3667		-
3668		-	(iii) The circumstances surrounding the crime; 22
3669		-
3670		-	(iv) The length of time that has passed since the crime; 23
3671		-
3672		-	(v) Subsequent work history; 24
3673		-
3674		-	(vi) Employment and character references; and 25
3675		-
3676		-	(vii) Other evidence that demonstrates whether the licensee poses a 26
3677		-	threat to the public health or safety. 27
3678		-
3679		-	(3) The Board may renew or reinstate a license only if the licensee or 28
3680		-	applicant attests that the licensee or applicant has submitted to a criminal history records 29
3681		-	check under § 14–308.1 of this title. 30 78 HOUSE BILL 962
3682		-
3683		-
3684		-
3685		-	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 1
3686		-	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 2
3687		-	for failure of a licensee to obtain the continuing education credits required by the Board.] 3
3688		-
3689		-	14–5F–16. 4
3690		-
3691		-	(a) [(1)] The Board may place a licensee on inactive status if the licensee 5
3692		-	submits to the Board: 6
3693		-
3694		-	[(i)] (1) An application for inactive status on the form required by 7
3695		-	the Board; and 8
3696		-
3697		-	[(ii)] (2) The inactive status fee set by the Board. 9
3698		-
3699		-	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 10
3700		-	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 11
3701		-	and submits to the Board: 12
3702		-
3703		-	[(i)] (1) Satisfactory evidence of compliance with the requirements 13
3704		-	of [§ 14–308.1] § 14–302 of this title; 14
3705		-
3706		-	[(ii)] (2) Satisfactory evidence of compliance with the continuing 15
3707		-	education requirements the Board adopts for this purpose; and 16
3708		-
3709		-	[(iii)] (3) A reinstatement fee set by the Board. 17
3710		-
3711		-	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 18
3712		-	to renew the license for any reason if the naturopathic doctor: 19
3713		-
3714		-	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 20
3715		-
3716		-	(2) Pays to the Board a reinstatement fee set by the Board; and 21
3717		-
3718		-	(3) Submits to the Board satisfactory evidence of compliance with the 22
3719		-	qualifications and requirements adopted by the Board under this subtitle for license 23
3720		-	reinstatements.] 24
3721		-
3722		-	14–5F–18. 25
3723		-
3724		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
3725		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 27
3726		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
3727		-	suspend or revoke a license of any licensee if the [applicant or] licensee: 29
3728		-	HOUSE BILL 962 79
3729		-
3730		-
3731		-	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 1
3732		-	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 2
3733		-	Article, or any drug without a valid prescription or indication, or provides professional 3
3734		-	services while under the influence of alcohol or using any narcotic or controlled dangerous 4
3735		-	substance, as defined in § 5–101 of the Criminal Law Article; 5
3736		-
3737		-	(2) Has been found to be mentally incompetent by a physician if the mental 6
3738		-	incompetence impairs the ability of the applicant or licensee to undertake the practice of 7
3739		-	naturopathic medicine in a manner consistent with the safety of the public; 8
3740		-
3741		-	(3) Has entered into a consent agreement with or has been assessed an 9
3742		-	administrative penalty by a licensing authority in another state; 10
3743		-
3744		-	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 11
3745		-	license for the applicant, the licensee, or another; 12
3746		-
3747		-	(5) Has a license revoked or suspended, or was otherwise acted against, 13
3748		-	including the denial of licensure, by the licensing authority of another state; 14
3749		-
3750		-	(6) Uses false, deceptive, or misleading advertising; 15
3751		-
3752		-	(7) Advertises, practices, or attempts to practice under a name other than 16
3753		-	the applicant’s or licensee’s own name; 17
3754		-
3755		-	(8) Aids, assists, employs, or advises any unlicensed individual to practice 18
3756		-	naturopathic medicine in violation of this subtitle; 19
3757		-
3758		-	(9) Willfully makes or files a false report or record in the practice of 20
3759		-	naturopathic medicine; 21
3760		-
3761		-	(10) Willfully or negligently fails to file a report or record as required by law, 22
	3812	+	14–5F–21. 24
	3813	+
	3814	+	[(a) The Board shall give notice and hold a hearing in accordance with the 25
	3815	+	Administrative Procedure Act. 26
	3816	+
	3817	+	(b) The individual may be represented at the hearing by counsel. 27
	3818	+
	3819	+	(c) Over the signature of an officer or the administrator of the Board, the Board 28
	3820	+	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 29
	3821	+	investigation under this subtitle and any hearings or proceedings before the Board or a 30
	3822	+	disciplinary panel. 31
	3823	+	HOUSE BILL 962 81
	3824	+
	3825	+
	3826	+	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 1
	3827	+	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 2
	3828	+	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 3
	3829	+	may punish the person as for contempt of court. 4
	3830	+
	3831	+	(e) If, after due notice, the individual against whom the action is contemplated 5
	3832	+	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 6
	3833	+	matter. 7
	3834	+
	3835	+	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 8
	3836	+	PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 9
	3837	+	individual shall pay the costs of the hearing as specified in a regulation adopted by the 10
	3838	+	Board. 11
	3839	+
	3840	+	14–5F–24. 12
	3841	+
	3842	+	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 13
	3843	+	has been surrendered or revoked for a period of more than 1 year unless the licensee: 14
	3844	+
	3845	+	(1) Meets the requirements for reinstatement as established under this 15
	3846	+	title; and 16
	3847	+
	3848	+	(2) Completes a criminal history records check in accordance with [§ 17
	3849	+	14–308.1] § 14–302 of this title. 18
	3850	+
	3851	+	14–5G–09. 19
	3852	+
	3853	+	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 20
	3854	+	individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 21
	3855	+
	3856	+	(b) [The applicant must be of good moral character. 22
	3857	+
	3858	+	(c) The applicant must be at least 18 years old. 23
	3859	+
	3860	+	(d)] The applicant must be a graduate of an appropriate education program 24
	3861	+	approved by the Board. 25
	3862	+
	3863	+	[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 26
	3864	+	shall submit to the Board satisfactory evidence of certification by a national certifying 27
	3865	+	organization approved by the Board. 28
	3866	+
	3867	+	[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 29
	3868	+	(C) of this section, the applicant may qualify for licensure if the applicant: 30
	3869	+
	3870	+	(1) Has worked as a genetic counselor for: 31
	3871	+	82 HOUSE BILL 962
	3872	+
	3873	+
	3874	+	(i) At least 10 years before January 1, 2024; and 1
	3875	+
	3876	+	(ii) At least 5 consecutive years immediately preceding the date on 2
	3877	+	which the applicant submits the application for licensure; 3
	3878	+
	3879	+	(2) Has graduated from an education program approved by the Board; 4
	3880	+
	3881	+	(3) Submits to the Board three letters of recommendation from licensed 5
	3882	+	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 6
	3883	+	for licensure and who: 7
	3884	+
	3885	+	(i) Have worked with the applicant in an employment or 8
	3886	+	professional setting for 3 years before the applicant submits the application for licensure; 9
	3887	+	and 10
	3888	+
	3889	+	(ii) Can attest to the applicant’s competency in providing genetic 11
	3890	+	counseling services; and 12
	3891	+
	3892	+	(4) Applies for initial licensure on or before December 31, 2024. 13
	3893	+
	3894	+	[(g) The applicant shall complete a criminal history records check in accordance 14
	3895	+	with § 14–308.1 of this title.] 15
	3896	+
	3897	+	[(h)] (E) The applicant shall meet any additional education, training, or 16
	3898	+	examination requirements established by the Board. 17
	3899	+
	3900	+	14–5G–14. 18
	3901	+
	3902	+	(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 19
	3903	+	14–5G–18 of this subtitle to the same extent as a genetic counselor. 20
	3904	+
	3905	+	14–5G–17. 21
	3906	+
	3907	+	A disciplinary panel may issue a cease and desist order for[: 22
	3908	+
	3909	+	(1) Practicing genetic counseling without a license or with an unauthorized 23
	3910	+	person; or 24
	3911	+
	3912	+	(2) Supervising] SUPERVISING or aiding an unauthorized person in the 25
	3913	+	practice of genetic counseling. 26
	3914	+
	3915	+	14–5G–18. 27
	3916	+
	3917	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 28
	3918	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 29 HOUSE BILL 962 83
	3919	+
	3920	+
	3921	+	license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
	3922	+	suspend or revoke a license, if the [applicant or] licensee: 2
	3923	+
	3924	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 3
	3925	+	the applicant or licensee or for another; 4
	3926	+
	3927	+	(2) Fraudulently or deceptively uses a license; 5
	3928	+
	3929	+	(3) Is guilty of unprofessional or immoral conduct while practicing genetic 6
	3930	+	counseling; 7
	3931	+
	3932	+	(4) Is professionally, physically, or mentally incompetent; 8
	3933	+
	3934	+	(5) Abandons a patient; 9
	3935	+
	3936	+	(6) Is habitually intoxicated; 10
	3937	+
	3938	+	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 11
	3939	+	substance as defined in § 5–101 of the Criminal Law Article; 12
	3940	+
	3941	+	(8) Provides professional services while: 13
	3942	+
	3943	+	(i) Under the influence of alcohol; or 14
	3944	+
	3945	+	(ii) Using any narcotic or controlled dangerous substance as defined 15
	3946	+	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 16
	3947	+	amounts or without valid medical indication; 17
	3948	+
	3949	+	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 18
	3950	+	patient so as to exploit the patient for financial gain; 19
	3951	+
	3952	+	(10) Willfully makes or files a false report or record in the practice of genetic 20
	3953	+	counseling; 21
	3954	+
	3955	+	(11) Willfully fails to file or record any report as required under law, 22
3762	3956		willfully impedes or obstructs the filing or recording of a report, or induces another to fail 23
3763	3957		to file or record a report; 24
3764	3958
3765		-	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 25
3766		-	in any split–fee arrangement in any form with a licensed physician, organization, agency, 26
3767		-	or other person, either directly or indirectly, for patients referred to health care providers; 27
3768		-
3769		-	(12) Exercises influence within a patient–doctor relationship for purposes of 28
3770		-	engaging a patient in sexual activity; 29
3771		-
3772		-	(13) Engages in sexual misconduct with a patient; 30
3773		-
3774		-	(14) Fails to keep written medical records justifying the course of treatment 31
3775		-	of a patient; 32
3776		-	80 HOUSE BILL 962
3777		-
3778		-
3779		-	(15) Engages in an act or omission that does not meet generally accepted 1
3780		-	standards of practice of naturopathic medicine or of safe care of patients, whether or not 2
3781		-	actual injury to a patient is established; 3
3782		-
3783		-	(16) Delegates professional responsibilities to an individual when the 4
3784		-	licensee delegating the responsibilities knows or has reason to know that the individual is 5
3785		-	not qualified by training, experience, or licensure to perform the responsibilities; 6
3786		-
3787		-	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 7
3788		-	patient so as to exploit the patient for financial gain; 8
3789		-
3790		-	(18) Breaches patient confidentiality; 9
3791		-
3792		-	(19) Is guilty of unprofessional or immoral conduct in the practice of 10
3793		-	naturopathic medicine; 11
3794		-
3795		-	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 12
3796		-	method, treatment, or medicine; 13
3797		-
3798		-	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 14
3799		-	of the Family Law Article; 15
3800		-
3801		-	(22) Sells, prescribes, gives away, or administers drugs for illegal or 16
3802		-	illegitimate purposes; 17
3803		-
3804		-	(23) Denies or discriminates against an individual with regard to the 18
3805		-	provision of professional services for which the licensee is licensed and qualified to render 19
3806		-	because the individual is HIV positive; 20
3807		-
3808		-	(24) Fails to cooperate with a lawful investigation of the Board; 21
3809		-
3810		-	(25) Abandons a patient; 22
3811		-
3812		-	(26) Violates any provision of this title or any regulation adopted by the 23
3813		-	Board; or 24
3814		-
3815		-	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 25
3816		-	14–302 of this title. 26
3817		-
3818		-	14–5F–21. 27
3819		-
3820		-	[(a) The Board shall give notice and hold a hearing in accordance with the 28
3821		-	Administrative Procedure Act. 29
3822		-
3823		-	(b) The individual may be represented at the hearing by counsel. 30
3824		-	HOUSE BILL 962 81
3825		-
3826		-
3827		-	(c) Over the signature of an officer or the administrator of the Board, the Board 1
3828		-	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 2
3829		-	investigation under this subtitle and any hearings or proceedings before the Board or a 3
3830		-	disciplinary panel. 4
3831		-
3832		-	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 5
3833		-	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 6
3834		-	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 7
3835		-	may punish the person as for contempt of court. 8
3836		-
3837		-	(e) If, after due notice, the individual against whom the action is contemplated 9
3838		-	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 10
3839		-	matter. 11
3840		-
3841		-	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 12
3842		-	PROCEDURE ACT, an individual is found in violation of § 14–5F–18 of this subtitle, the 13
3843		-	individual shall pay the costs of the hearing as specified in a regulation adopted by the 14
3844		-	Board. 15
3845		-
3846		-	14–5F–24. 16
3847		-
3848		-	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 17
3849		-	has been surrendered or revoked for a period of more than 1 year unless the licensee: 18
3850		-
3851		-	(1) Meets the requirements for reinstatement as established under this 19
3852		-	title; and 20
3853		-
3854		-	(2) Completes a criminal history records check in accordance with [§ 21
3855		-	14–308.1] § 14–302 of this title. 22
3856		-
3857		-	14–5G–09. 23
3858		-
3859		-	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 24
3860		-	individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 25
3861		-
3862		-	(b) [The applicant must be of good moral character. 26
3863		-
3864		-	(c) The applicant must be at least 18 years old. 27
3865		-
3866		-	(d)] The applicant must be a graduate of an appropriate education program 28
3867		-	approved by the Board. 29
3868		-
3869		-	[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 30
3870		-	shall submit to the Board satisfactory evidence of certification by a national certifying 31
3871		-	organization approved by the Board. 32
3872		-	82 HOUSE BILL 962
3873		-
3874		-
3875		-	[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 1
3876		-	(C) of this section, the applicant may qualify for licensure if the applicant: 2
3877		-
3878		-	(1) Has worked as a genetic counselor for: 3
3879		-
3880		-	(i) At least 10 years before January 1, 2024; and 4
3881		-
3882		-	(ii) At least 5 consecutive years immediately preceding the date on 5
3883		-	which the applicant submits the application for licensure; 6
3884		-
3885		-	(2) Has graduated from an education program approved by the Board; 7
3886		-
3887		-	(3) Submits to the Board three letters of recommendation from licensed 8
3888		-	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 9
3889		-	for licensure and who: 10
3890		-
3891		-	(i) Have worked with the applicant in an employment or 11
3892		-	professional setting for 3 years before the applicant submits the application for licensure; 12
3893		-	and 13
3894		-
3895		-	(ii) Can attest to the applicant’s competency in providing genetic 14
3896		-	counseling services; and 15
3897		-
3898		-	(4) Applies for initial licensure on or before December 31, 2024. 16
3899		-
3900		-	[(g) The applicant shall complete a criminal history records check in accordance 17
3901		-	with § 14–308.1 of this title.] 18
3902		-
3903		-	[(h)] (E) The applicant shall meet any additional education, training, or 19
3904		-	examination requirements established by the Board. 20
3905		-
3906		-	14–5G–14. 21
3907		-
3908		-	(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 22
3909		-	14–5G–18 of this subtitle to the same extent as a genetic counselor. 23
3910		-
3911		-	14–5G–17. 24
3912		-
3913		-	A disciplinary panel may issue a cease and desist order for[: 25
3914		-
3915		-	(1) Practicing genetic counseling without a license or with an unauthorized 26
3916		-	person; or 27
3917		-
3918		-	(2) Supervising] SUPERVISING or aiding an unauthorized person in the 28
3919		-	practice of genetic counseling. 29
3920		-	HOUSE BILL 962 83
3921		-
3922		-
3923		-	14–5G–18. 1
3924		-
3925		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 2
3926		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 3
3927		-	license to any applicant,] reprimand any licensee, place any licensee on probation, or 4
3928		-	suspend or revoke a license, if the [applicant or] licensee: 5
3929		-
3930		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 6
3931		-	the applicant or licensee or for another; 7
3932		-
3933		-	(2) Fraudulently or deceptively uses a license; 8
3934		-
3935		-	(3) Is guilty of unprofessional or immoral conduct while practicing genetic 9
3936		-	counseling; 10
3937		-
3938		-	(4) Is professionally, physically, or mentally incompetent; 11
3939		-
3940		-	(5) Abandons a patient; 12
3941		-
3942		-	(6) Is habitually intoxicated; 13
3943		-
3944		-	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 14
3945		-	substance as defined in § 5–101 of the Criminal Law Article; 15
3946		-
3947		-	(8) Provides professional services while: 16
3948		-
3949		-	(i) Under the influence of alcohol; or 17
3950		-
3951		-	(ii) Using any narcotic or controlled dangerous substance as defined 18
3952		-	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 19
3953		-	amounts or without valid medical indication; 20
3954		-
3955		-	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 21
3956		-	patient so as to exploit the patient for financial gain; 22
3957		-
3958		-	(10) Willfully makes or files a false report or record in the practice of genetic 23
3959		-	counseling; 24
3960		-
3961		-	(11) Willfully fails to file or record any report as required under law, 25
3962		-	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 26
3963		-	to file or record a report; 27
3964		-
3965		-	(12) Breaches patient confidentiality; 28
3966		-
3967		-	(13) Pays or agrees to pay any sum or provide any form of remuneration or 29
3968		-	material benefit to any person for bringing or referring a patient or accepts or agrees to 30 84 HOUSE BILL 962
3969		-
3970		-
3971		-	accept any sum or any form of remuneration or material benefit from an individual for 1
3972		-	bringing or referring a patient; 2
3973		-
3974		-	(14) Knowingly makes a misrepresentation while practicing genetic 3
3975		-	counseling; 4
3976		-
3977		-	(15) Knowingly practices genetic counseling with an unauthorized 5
3978		-	individual or aids an unauthorized individual in practicing genetic counseling; 6
3979		-
3980		-	(16) Knowingly delegates a genetic counseling duty to an unlicensed 7
3981		-	individual; 8
3982		-
3983		-	(17) Grossly overutilizes health care services; 9
3984		-
3985		-	(18) Offers, undertakes, or agrees to cure or treat disease by a secret 10
3986		-	method, treatment, or medicine; 11
3987		-
3988		-	(19) Is disciplined by a licensing or disciplinary authority or is convicted or 12
3989		-	disciplined by a court of any state or country or is disciplined by any branch of the United 13
3990		-	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 14
3991		-	be grounds for disciplinary action under the Board’s disciplinary statutes; 15
3992		-
3993		-	(20) Fails to meet appropriate standards for the delivery of genetic 16
3994		-	counseling services; 17
3995		-
3996		-	(21) Knowingly submits false statements to collect fees for which services 18
3997		-	are not provided; 19
3998		-
3999		-	(22) (i) Has been subject to investigation or disciplinary action by a 20
4000		-	licensing or disciplinary authority or by a court of any state or country for an act that would 21
4001		-	be grounds for disciplinary action under the Board’s disciplinary statutes; and 22
4002		-
4003		-	(ii) Has: 23
4004		-
4005		-	1. Surrendered the license, if any, issued by the state or 24
4006		-	country; or 25
4007		-
4008		-	2. Allowed the license, if any, issued by the state or country 26
4009		-	to expire or lapse; 27
4010		-
4011		-	(23) Knowingly fails to report suspected child abuse in violation of § 5–704 28
4012		-	of the Family Law Article; 29
4013		-
4014		-	(24) Practices or attempts to practice beyond the authorized scope of 30
4015		-	practice; 31
4016		-	HOUSE BILL 962 85
4017		-
4018		-
4019		-	(25) Refuses, withholds from, denies, or discriminates against an individual 1
4020		-	with regard to the provision of professional services for which the licensee is licensed and 2
4021		-	qualified to render because the individual is HIV positive; 3
4022		-
4023		-	(26) Practices or attempts to practice genetic counseling procedures or uses 4
4024		-	or attempts to use genetic assessments if the applicant or licensee has not received 5
4025		-	education and training in the performance of the procedure or the use of the genetic 6
4026		-	assessment; 7
4027		-
4028		-	(27) Fails to cooperate with a lawful investigation of the Board or a 8
4029		-	disciplinary panel; 9
4030		-
4031		-	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 10
4032		-	14–302 of this title; or 11
4033		-
4034		-	(29) Violates any provision of this title or any rule or regulation pertaining 12
4035		-	to genetic counseling that is adopted by the Board, the State, or the federal government. 13
4036		-
4037		-	SUBTITLE 5H. PHYSICIAN ASSISTANTS. 14
4038		-
4039		-	14–5H–01. 15
4040		-
4041		-	(a) In this [title] SUBTITLE the following words have the meanings indicated. 16
4042		-
4043		-	[(d) “Board” means the State Board of Physicians, established under § 14–201 of 17
4044		-	this article.] 18
4045		-
4046		-	[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 19
4047		-
4048		-	[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 20
4049		-	of the Criminal Law Article. 21
4050		-
4051		-	[(g)] (F) “Correctional facility” includes a State or local correctional facility. 22
4052		-
4053		-	[(h)] (G) “Delegated medical acts” means activities that constitute the practice 23
4054		-	of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 24
4055		-
4056		-	[(i)] (H) “Delegation agreement” means a document that is executed by a 25
4057		-	primary supervising physician and a physician assistant containing the requirements of [§ 26
4058		-	15–302] § 14–5H–08 of this [title] SUBTITLE. 27
4059		-
4060		-	[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
4061		-	under § 14–401 of this article.] 29
4062		-	86 HOUSE BILL 962
4063		-
4064		-
4065		-	[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
4066		-	article. 2
4067		-
4068		-	[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
4069		-	promote the sale of the drug and is not intended for sale. 4
4070		-
4071		-	[(l)] (K) “Hospital” means: 5
4072		-
4073		-	(1) A hospital as defined under § 19–301 of the Health – General Article; 6
4074		-
4075		-	(2) A comprehensive care facility that: 7
4076		-
4077		-	(i) Meets the requirements of a hospital–based skilled nursing 8
4078		-	facility under federal law; and 9
4079		-
4080		-	(ii) Offers acute care in the same building; and 10
4081		-
4082		-	(3) An emergency room that is physically connected to a hospital or a 11
4083		-	freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 12
4084		-	General Article. 13
4085		-
4086		-	[(m)] (L) “License” means a license issued by the Board to a physician assistant 14
4087		-	under this title. 15
4088		-
4089		-	[(n)] (M) “National certifying examination” means the Physician Assistant 16
4090		-	National Certifying Examination administered by the National Commission on 17
4091		-	Certification of Physician Assistants or its successor. 18
4092		-
4093		-	[(o)] (N) “Physician assistant” means an individual who is licensed under this 19
4094		-	title to practice medicine with physician supervision. 20
4095		-
4096		-	[(p)] (O) “Practice as a physician assistant” means the performance of medical 21
4097		-	acts that are: 22
4098		-
4099		-	(1) Delegated by a supervising physician to a physician assistant; 23
4100		-
4101		-	(2) Within the supervising physician’s scope of practice; and 24
4102		-
4103		-	(3) Appropriate to the physician assistant’s education, training, and 25
4104		-	experience. 26
4105		-
4106		-	[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
4107		-	alternate supervising physician to a physician assistant to: 28
4108		-
4109		-	(1) Prescribe and administer controlled dangerous substances, prescription 29
4110		-	drugs, medical devices, and the oral, written, or electronic ordering of medications; and 30 HOUSE BILL 962 87
4111		-
4112		-
4113		-
4114		-	(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 1
4115		-	14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 2
4116		-
4117		-	[(r)] (Q) “Primary supervising physician” means a physician who: 3
4118		-
4119		-	(1) Completes a delegation agreement that meets the requirements under 4
4120		-	[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 5
4121		-	SUBTITLE and files a copy with the Board; 6
4122		-
4123		-	(2) Acts as the physician responsible to ensure that a physician assistant 7
4124		-	practices medicine in accordance with this title and the regulations adopted under this title; 8
4125		-
4126		-	(3) Ensures that a physician assistant practices within the scope of practice 9
4127		-	of the primary supervising physician or any designated alternate supervising physician; 10
4128		-	and 11
4129		-
4130		-	(4) Ensures that a list of alternate supervising physicians is maintained at 12
4131		-	the practice setting. 13
4132		-
4133		-	[(s)] (R) “Public health facility” means a site where clinical public health 14
4134		-	services are rendered under the auspices of the Department, a local health department in 15
4135		-	a county, or the Baltimore City Health Department. 16
4136		-
4137		-	[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 17
4138		-
4139		-	(1) Of short duration of 72 hours or less; or 18
4140		-
4141		-	(2) Prior to obtaining a larger quantity of the drug to complete therapy. 19
4142		-
4143		-	[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 20
4144		-	on–site supervision or immediately available direction for physician assistants performing 21
4145		-	delegated medical acts. 22
4146		-
4147		-	(2) “Supervision” includes physician oversight of and acceptance of direct 23
4148		-	responsibility for the patient services and care rendered by a physician assistant, including 24
4149		-	continuous availability to the physician assistant in person, through written instructions, 25
4150		-	or by electronic means and by designation of one or more alternate supervising physicians. 26
4151		-
4152		-	14–5H–02. 27
4153		-
4154		-	[(a)] A physician assistant may not practice within the scope of practice of any of 28
4155		-	the following health occupations authorized under this article: 29
4156		-
4157		-	(1) Nursing; 30
	3959	+	(12) Breaches patient confidentiality; 25
	3960	+
	3961	+	(13) Pays or agrees to pay any sum or provide any form of remuneration or 26
	3962	+	material benefit to any person for bringing or referring a patient or accepts or agrees to 27
	3963	+	accept any sum or any form of remuneration or material benefit from an individual for 28
	3964	+	bringing or referring a patient; 29
	3965	+
	3966	+	(14) Knowingly makes a misrepresentation while practicing genetic 30
	3967	+	counseling; 31 84 HOUSE BILL 962
	3968	+
	3969	+
	3970	+
	3971	+	(15) Knowingly practices genetic counseling with an unauthorized 1
	3972	+	individual or aids an unauthorized individual in practicing genetic counseling; 2
	3973	+
	3974	+	(16) Knowingly delegates a genetic counseling duty to an unlicensed 3
	3975	+	individual; 4
	3976	+
	3977	+	(17) Grossly overutilizes health care services; 5
	3978	+
	3979	+	(18) Offers, undertakes, or agrees to cure or treat disease by a secret 6
	3980	+	method, treatment, or medicine; 7
	3981	+
	3982	+	(19) Is disciplined by a licensing or disciplinary authority or is convicted or 8
	3983	+	disciplined by a court of any state or country or is disciplined by any branch of the United 9
	3984	+	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 10
	3985	+	be grounds for disciplinary action under the Board’s disciplinary statutes; 11
	3986	+
	3987	+	(20) Fails to meet appropriate standards for the delivery of genetic 12
	3988	+	counseling services; 13
	3989	+
	3990	+	(21) Knowingly submits false statements to collect fees for which services 14
	3991	+	are not provided; 15
	3992	+
	3993	+	(22) (i) Has been subject to investigation or disciplinary action by a 16
	3994	+	licensing or disciplinary authority or by a court of any state or country for an act that would 17
	3995	+	be grounds for disciplinary action under the Board’s disciplinary statutes; and 18
	3996	+
	3997	+	(ii) Has: 19
	3998	+
	3999	+	1. Surrendered the license, if any, issued by the state or 20
	4000	+	country; or 21
	4001	+
	4002	+	2. Allowed the license, if any, issued by the state or country 22
	4003	+	to expire or lapse; 23
	4004	+
	4005	+	(23) Knowingly fails to report suspected child abuse in violation of § 5–704 24
	4006	+	of the Family Law Article; 25
	4007	+
	4008	+	(24) Practices or attempts to practice beyond the authorized scope of 26
	4009	+	practice; 27
	4010	+
	4011	+	(25) Refuses, withholds from, denies, or discriminates against an individual 28
	4012	+	with regard to the provision of professional services for which the licensee is licensed and 29
	4013	+	qualified to render because the individual is HIV positive; 30
	4014	+
	4015	+	(26) Practices or attempts to practice genetic counseling procedures or uses 31
	4016	+	or attempts to use genetic assessments if the applicant or licensee has not received 32 HOUSE BILL 962 85
	4017	+
	4018	+
	4019	+	education and training in the performance of the procedure or the use of the genetic 1
	4020	+	assessment; 2
	4021	+
	4022	+	(27) Fails to cooperate with a lawful investigation of the Board or a 3
	4023	+	disciplinary panel; 4
	4024	+
	4025	+	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
	4026	+	14–302 of this title; or 6
	4027	+
	4028	+	(29) Violates any provision of this title or any rule or regulation pertaining 7
	4029	+	to genetic counseling that is adopted by the Board, the State, or the federal government. 8
	4030	+
	4031	+	SUBTITLE 5H. PHYSICIAN ASSISTANTS. 9
	4032	+
	4033	+	14–5H–01. 10
	4034	+
	4035	+	(a) In this [title] SUBTITLE the following words have the meanings indicated. 11
	4036	+
	4037	+	[(d) “Board” means the State Board of Physicians, established under § 14–201 of 12
	4038	+	this article.] 13
	4039	+
	4040	+	[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 14
	4041	+
	4042	+	[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 15
	4043	+	of the Criminal Law Article. 16
	4044	+
	4045	+	[(g)] (F) “Correctional facility” includes a State or local correctional facility. 17
	4046	+
	4047	+	[(h)] (G) “Delegated medical acts” means activities that constitute the practice 18
	4048	+	of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 19
	4049	+
	4050	+	[(i)] (H) “Delegation agreement” means a document that is executed by a 20
	4051	+	primary supervising physician and a physician assistant containing the requirements of [§ 21
	4052	+	15–302] § 14–5H–08 of this [title] SUBTITLE. 22
	4053	+
	4054	+	[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 23
	4055	+	under § 14–401 of this article.] 24
	4056	+
	4057	+	[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 25
	4058	+	article. 26
	4059	+
	4060	+	[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 27
	4061	+	promote the sale of the drug and is not intended for sale. 28
	4062	+
	4063	+	[(l)] (K) “Hospital” means: 29 86 HOUSE BILL 962
	4064	+
	4065	+
	4066	+
	4067	+	(1) A hospital as defined under § 19–301 of the Health – General Article; 1
	4068	+
	4069	+	(2) A comprehensive care facility that: 2
	4070	+
	4071	+	(i) Meets the requirements of a hospital–based skilled nursing 3
	4072	+	facility under federal law; and 4
	4073	+
	4074	+	(ii) Offers acute care in the same building; and 5
	4075	+
	4076	+	(3) An emergency room that is physically connected to a hospital or a 6
	4077	+	freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 7
	4078	+	General Article. 8
	4079	+
	4080	+	[(m)] (L) “License” means a license issued by the Board to a physician assistant 9
	4081	+	under this title. 10
	4082	+
	4083	+	[(n)] (M) “National certifying examination” means the Physician Assistant 11
	4084	+	National Certifying Examination administered by the National Commission on 12
	4085	+	Certification of Physician Assistants or its successor. 13
	4086	+
	4087	+	[(o)] (N) “Physician assistant” means an individual who is licensed under this 14
	4088	+	title to practice medicine with physician supervision. 15
	4089	+
	4090	+	[(p)] (O) “Practice as a physician assistant” means the performance of medical 16
	4091	+	acts that are: 17
	4092	+
	4093	+	(1) Delegated by a supervising physician to a physician assistant; 18
	4094	+
	4095	+	(2) Within the supervising physician’s scope of practice; and 19
	4096	+
	4097	+	(3) Appropriate to the physician assistant’s education, training, and 20
	4098	+	experience. 21
	4099	+
	4100	+	[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 22
	4101	+	alternate supervising physician to a physician assistant to: 23
	4102	+
	4103	+	(1) Prescribe and administer controlled dangerous substances, prescription 24
	4104	+	drugs, medical devices, and the oral, written, or electronic ordering of medications; and 25
	4105	+
	4106	+	(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 26
	4107	+	14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 27
	4108	+
	4109	+	[(r)] (Q) “Primary supervising physician” means a physician who: 28
	4110	+	HOUSE BILL 962 87
	4111	+
	4112	+
	4113	+	(1) Completes a delegation agreement that meets the requirements under 1
	4114	+	[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 2
	4115	+	SUBTITLE and files a copy with the Board; 3
	4116	+
	4117	+	(2) Acts as the physician responsible to ensure that a physician assistant 4
	4118	+	practices medicine in accordance with this title and the regulations adopted under this title; 5
	4119	+
	4120	+	(3) Ensures that a physician assistant practices within the scope of practice 6
	4121	+	of the primary supervising physician or any designated alternate supervising physician; 7
	4122	+	and 8
	4123	+
	4124	+	(4) Ensures that a list of alternate supervising physicians is maintained at 9
	4125	+	the practice setting. 10
	4126	+
	4127	+	[(s)] (R) “Public health facility” means a site where clinical public health 11
	4128	+	services are rendered under the auspices of the Department, a local health department in 12
	4129	+	a county, or the Baltimore City Health Department. 13
	4130	+
	4131	+	[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 14
	4132	+
	4133	+	(1) Of short duration of 72 hours or less; or 15
	4134	+
	4135	+	(2) Prior to obtaining a larger quantity of the drug to complete therapy. 16
	4136	+
	4137	+	[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 17
	4138	+	on–site supervision or immediately available direction for physician assistants performing 18
	4139	+	delegated medical acts. 19
	4140	+
	4141	+	(2) “Supervision” includes physician oversight of and acceptance of direct 20
	4142	+	responsibility for the patient services and care rendered by a physician assistant, including 21
	4143	+	continuous availability to the physician assistant in person, through written instructions, 22
	4144	+	or by electronic means and by designation of one or more alternate supervising physicians. 23
	4145	+
	4146	+	14–5H–02. 24
	4147	+
	4148	+	[(a)] A physician assistant may not practice within the scope of practice of any of 25
	4149	+	the following health occupations authorized under this article: 26
	4150	+
	4151	+	(1) Nursing; 27
	4152	+
	4153	+	(2) Optometry; 28
	4154	+
	4155	+	(3) Physical therapy; or 29
	4156	+
	4157	+	(4) Psychology. 30
4158	4158		88 HOUSE BILL 962
4159	4159
4160	4160
4161		-	(2) Optometry; 1
4162		-
4163		-	(3) Physical therapy; or 2
4164		-
4165		-	(4) Psychology. 3
4166		-
4167		-	[(b) This title does not limit the right of an individual to practice a health 4
4168		-	occupation that the individual is authorized to practice under this article.] 5
4169		-
4170		-	14–5H–03. 6
4171		-
4172		-	(c) Except as otherwise provided under subsections (b) and (d) of this section, a 7
4173		-	hospital, a related institution, an alternative health care system, or an employer of a 8
4174		-	physician assistant shall report to the Board any limitation, reduction, or other change of 9
4175		-	the terms of employment of the physician assistant or any termination of employment of 10
4176		-	the physician assistant for any reason that might be grounds for disciplinary action under 11
4177		-	[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 12
4178		-
4179		-	(d) A hospital, related institution, alternative health care system, or employer 13
4180		-	that has reason to know that a physician assistant has committed an action or has a 14
4181		-	condition that might be grounds for reprimand or probation of the physician assistant or 15
4182		-	suspension or revocation of the license of the physician assistant under [§ 15–314] § 16
4183		-	14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 17
4184		-	drug–impaired is not required to report to the Board if: 18
4185		-
4186		-	(1) The hospital, related institution, alternative health care system, or 19
4187		-	employer knows that the physician assistant is: 20
4188		-
4189		-	(i) In an alcohol or drug treatment program that is accredited by the 21
4190		-	Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 22
4191		-	Department; or 23
4192		-
4193		-	(ii) Under the care of a health care practitioner who is competent 24
4194		-	and capable of dealing with alcoholism and drug abuse; 25
4195		-
4196		-	(2) The hospital, related institution, alternative health care system, or 26
4197		-	employer is able to verify that the physician assistant remains in the treatment program 27
4198		-	until discharge; and 28
4199		-
4200		-	(3) The action or condition of the physician assistant has not caused injury 29
4201		-	to any person while the physician assistant is practicing as a licensed physician assistant. 30
4202		-
4203		-	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 31
4204		-	or drug treatment program that is accredited by the Joint Commission [on Accreditation of 32
4205		-	Healthcare Organizations] or that is certified by the Department, the physician assistant 33 HOUSE BILL 962 89
4206		-
4207		-
4208		-	shall notify the hospital, related institution, alternative health care system, or employer of 1
4209		-	the physician assistant’s decision to enter the treatment program. 2
4210		-
4211		-	14–5H–06. 3
4212		-
4213		-	(a) In addition to the powers set forth elsewhere in this title, the Committee, on 4
4214		-	its initiative or on the Board’s request, may: 5
4215		-
4216		-	(1) Recommend to the Board regulations for carrying out the provisions of 6
4217		-	this title; 7
4218		-
4219		-	(2) Recommend to the Board approval, modification, or disapproval of an 8
4220		-	application for licensure or a delegation agreement; 9
4221		-
4222		-	(3) Report to the Board any conduct of a supervising physician or a 10
4223		-	physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 11
4224		-	or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 12
4225		-
4226		-	(4) Report to the Board any alleged unauthorized practice of a physician 13
4227		-	assistant. 14
4228		-
4229		-	14–5H–07. 15
4230		-
4231		-	(c) Patient services that may be provided by a physician assistant include: 16
4232		-
4233		-	(1) (i) Taking complete, detailed, and accurate patient histories; and 17
4234		-
4235		-	(ii) Reviewing patient records to develop comprehensive medical 18
4236		-	status reports; 19
4237		-
4238		-	(2) Performing physical examinations and recording all pertinent patient 20
4239		-	data; 21
4240		-
4241		-	(3) Interpreting and evaluating patient data as authorized by the primary 22
4242		-	or alternate supervising physician for the purpose of determining management and 23
4243		-	treatment of patients; 24
4244		-
4245		-	(4) Initiating requests for or performing diagnostic procedures as indicated 25
4246		-	by pertinent data and as authorized by the supervising physician; 26
4247		-
4248		-	(5) Providing instructions and guidance regarding medical care matters to 27
4249		-	patients; 28
4250		-
4251		-	(6) Assisting the primary or alternate supervising physician in the delivery 29
4252		-	of services to patients who require medical care in the home and in health care institutions, 30
4253		-	including: 31
	4161	+	[(b) This title does not limit the right of an individual to practice a health 1
	4162	+	occupation that the individual is authorized to practice under this article.] 2
	4163	+
	4164	+	14–5H–03. 3
	4165	+
	4166	+	(c) Except as otherwise provided under subsections (b) and (d) of this section, a 4
	4167	+	hospital, a related institution, an alternative health care system, or an employer of a 5
	4168	+	physician assistant shall report to the Board any limitation, reduction, or other change of 6
	4169	+	the terms of employment of the physician assistant or any termination of employment of 7
	4170	+	the physician assistant for any reason that might be grounds for disciplinary action under 8
	4171	+	[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 9
	4172	+
	4173	+	(d) A hospital, related institution, alternative health care system, or employer 10
	4174	+	that has reason to know that a physician assistant has committed an action or has a 11
	4175	+	condition that might be grounds for reprimand or probation of the physician assistant or 12
	4176	+	suspension or revocation of the license of the physician assistant under [§ 15–314] § 13
	4177	+	14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 14
	4178	+	drug–impaired is not required to report to the Board if: 15
	4179	+
	4180	+	(1) The hospital, related institution, alternative health care system, or 16
	4181	+	employer knows that the physician assistant is: 17
	4182	+
	4183	+	(i) In an alcohol or drug treatment program that is accredited by the 18
	4184	+	Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 19
	4185	+	Department; or 20
	4186	+
	4187	+	(ii) Under the care of a health care practitioner who is competent 21
	4188	+	and capable of dealing with alcoholism and drug abuse; 22
	4189	+
	4190	+	(2) The hospital, related institution, alternative health care system, or 23
	4191	+	employer is able to verify that the physician assistant remains in the treatment program 24
	4192	+	until discharge; and 25
	4193	+
	4194	+	(3) The action or condition of the physician assistant has not caused injury 26
	4195	+	to any person while the physician assistant is practicing as a licensed physician assistant. 27
	4196	+
	4197	+	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 28
	4198	+	or drug treatment program that is accredited by the Joint Commission [on Accreditation of 29
	4199	+	Healthcare Organizations] or that is certified by the Department, the physician assistant 30
	4200	+	shall notify the hospital, related institution, alternative health care system, or employer of 31
	4201	+	the physician assistant’s decision to enter the treatment program. 32
	4202	+
	4203	+	14–5H–06. 33
	4204	+
	4205	+	(a) In addition to the powers set forth elsewhere in this title, the Committee, on 34
	4206	+	its initiative or on the Board’s request, may: 35 HOUSE BILL 962 89
	4207	+
	4208	+
	4209	+
	4210	+	(1) Recommend to the Board regulations for carrying out the provisions of 1
	4211	+	this title; 2
	4212	+
	4213	+	(2) Recommend to the Board approval, modification, or disapproval of an 3
	4214	+	application for licensure or a delegation agreement; 4
	4215	+
	4216	+	(3) Report to the Board any conduct of a supervising physician or a 5
	4217	+	physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 6
	4218	+	or under [§ 14–404 of this article] § 14–515 OF THIS TITLE; and 7
	4219	+
	4220	+	(4) Report to the Board any alleged unauthorized practice of a physician 8
	4221	+	assistant. 9
	4222	+
	4223	+	14–5H–07. 10
	4224	+
	4225	+	(c) Patient services that may be provided by a physician assistant include: 11
	4226	+
	4227	+	(1) (i) Taking complete, detailed, and accurate patient histories; and 12
	4228	+
	4229	+	(ii) Reviewing patient records to develop comprehensive medical 13
	4230	+	status reports; 14
	4231	+
	4232	+	(2) Performing physical examinations and recording all pertinent patient 15
	4233	+	data; 16
	4234	+
	4235	+	(3) Interpreting and evaluating patient data as authorized by the primary 17
	4236	+	or alternate supervising physician for the purpose of determining management and 18
	4237	+	treatment of patients; 19
	4238	+
	4239	+	(4) Initiating requests for or performing diagnostic procedures as indicated 20
	4240	+	by pertinent data and as authorized by the supervising physician; 21
	4241	+
	4242	+	(5) Providing instructions and guidance regarding medical care matters to 22
	4243	+	patients; 23
	4244	+
	4245	+	(6) Assisting the primary or alternate supervising physician in the delivery 24
	4246	+	of services to patients who require medical care in the home and in health care institutions, 25
	4247	+	including: 26
	4248	+
	4249	+	(i) Recording patient progress notes; 27
	4250	+
	4251	+	(ii) Issuing diagnostic orders; and 28
	4252	+
	4253	+	(iii) Transcribing or executing specific orders at the direction of the 29
	4254	+	primary or alternate supervising physician; and 30
4254	4255		90 HOUSE BILL 962
4255	4256
4256	4257
4257		-	(i) ~~Recording patient progress notes;~~ 1
4258		-
4259		-	~~(ii) Issuing diagnostic orders; and 2~~
4260		-
4261		-	~~(iii) Transcribing or executing specific orders at the direction of the 3~~
4262		-	~~primary or alternate supervising~~ physician~~; and~~ 4
4263		-
4264		-	~~(7) Exercising prescriptive authority under~~ a ~~delegation agreement and in 5~~
4265		-	~~accordance with [§ 15–302.2] § 14–5H–10~~ of ~~this subtitle.~~ 6
4266		-
4267		-	~~14–5H–08. 7~~
4268		-
4269		-	~~(c) (2) (ii) 1. Before a~~ physician assistant ~~may perform X–ray duties 8~~
4270		-	~~authorized under~~ [§ 14~~–306(e)] § 14–503(E)~~ of this [article] ~~TITLE in~~ the ~~medical office of 9~~
4271		-	~~the physician delegating~~ the ~~duties, a primary supervising physician shall obtain~~ the 10
4272		-	~~Board’s approval~~ of ~~a delegation agreement that includes advanced duties in accordance 11~~
4273		-	~~with subsubparagraph 2~~ of this ~~subparagraph. 12~~
4274		-
4275		-	~~(g) If the Board determines that a primary or alternate supervising physician or 13~~
4276		-	~~physician assistant is practicing in a manner inconsistent with~~ the ~~requirements of this 14~~
4277		-	~~title [or Title~~ 14 of this ~~article~~], ~~the Board on its own initiative or on the recommendation 15~~
4278		-	of the ~~Committee may demand modification of the practice,~~ ~~withdraw the approval of the 16~~
4279		-	~~delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 17~~
4280		-	~~other disciplinary action under [§~~ ~~14–404~~ or ~~§ 15–314] § 14–5H–16 OF THIS SUBTITLE 18~~
4281		-	~~OR § 14–515 of this [article] TITLE.~~ 19
4282		-
4283		-	~~(k) Subject to the [notice] NOTIFICATION required~~ under [§ 15–~~103~~] § 20
4284		-	~~14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 21~~
4285		-	agreement ~~filed with the Board under this subtitle at any time. 22~~
4286		-
4287		-	~~(l) (2) If there is no designated alternate supervising physician or the 23~~
4288		-	~~designated alternate supervising physician does not agree to supervise the physician 24~~
4289		-	~~assistant, the physician assistant may not practice until the physician assistant receives 25~~
4290		-	~~approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 26~~
4291		-
4292		-	(m) A ~~physician assistant whose delegation agreement is terminated may not 27~~
4293		-	~~practice as a~~ physician assistant ~~until~~ the ~~physician assistant receives preliminary 28~~
4294		-	~~approval~~ of ~~a new~~ delegation agreement ~~under [§ 15–302.1] § 14–5H–09 of this subtitle~~. 29
4295		-
4296		-	~~14–5H–09. 30~~
4297		-
4298		-	(a) ~~If a delegation agreement does not include advanced duties or~~ the ~~advanced 31~~
4299		-	~~duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle~~, ~~a 32~~
4300		-	~~physician assistant may assume the duties under a delegation agreement on the date that 33~~
4301		-	the Board ~~acknowledges receipt of the completed delegation agreement. 34~~
	4258	+	(7) Exercising prescriptive authority under a delegation agreement and in 1
	4259	+	accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 2
	4260	+
	4261	+	14–5H–08. 3
	4262	+
	4263	+	(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 4
	4264	+	authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 5
	4265	+	the physician delegating the duties, a primary supervising physician shall obtain the 6
	4266	+	Board’s approval of a delegation agreement that includes advanced duties in accordance 7
	4267	+	with subsubparagraph 2 of this subparagraph. 8
	4268	+
	4269	+	(g) If the Board determines that a primary or alternate supervising physician or 9
	4270	+	physician assistant is practicing in a manner inconsistent with the requirements of this 10
	4271	+	title [or Title 14 of this article], the Board on its own initiative or on the recommendation 11
	4272	+	of the Committee may demand modification of the practice, withdraw the approval of the 12
	4273	+	delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 13
	4274	+	other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 14
	4275	+	OR § 14–515 of this [article] TITLE. 15
	4276	+
	4277	+	(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 16
	4278	+	14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 17
	4279	+	agreement filed with the Board under this subtitle at any time. 18
	4280	+
	4281	+	(l) (2) If there is no designated alternate supervising physician or the 19
	4282	+	designated alternate supervising physician does not agree to supervise the physician 20
	4283	+	assistant, the physician assistant may not practice until the physician assistant receives 21
	4284	+	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 22
	4285	+
	4286	+	(m) A physician assistant whose delegation agreement is terminated may not 23
	4287	+	practice as a physician assistant until the physician assistant receives preliminary 24
	4288	+	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 25
	4289	+
	4290	+	14–5H–09. 26
	4291	+
	4292	+	(a) If a delegation agreement does not include advanced duties or the advanced 27
	4293	+	duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 28
	4294	+	physician assistant may assume the duties under a delegation agreement on the date that 29
	4295	+	the Board acknowledges receipt of the completed delegation agreement. 30
	4296	+
	4297	+	(b) In this section, “pending” means that a delegation agreement that includes 31
	4298	+	delegation of advanced duties in a setting that does not meet the requirements under [§ 32
	4299	+	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 33
	4300	+	Board for its approval, but: 34
	4301	+
	4302	+	(1) The Committee has not made a recommendation to the Board; or 35
4302	4303		HOUSE BILL 962 91
4303	4304
4304	4305
4305		-	(b) In this section, “pending” means that a delegation agreement that includes 1
4306		-	delegation of advanced duties in a setting that does not meet the requirements under [§ 2
4307		-	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 3
4308		-	Board for its approval, but: 4
4309		-
4310		-	(1) The Committee has not made a recommendation to the Board; or 5
4311		-
4312		-	(2) The Board has not made a final decision regarding the delegation 6
4313		-	agreement. 7
4314		-
4315		-	14–5H–10. 8
4316		-
4317		-	(e) Before a physician assistant may renew a license for an additional 2–year 9
4318		-	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 10
4319		-	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 11
4320		-	education within the previous 2 years. 12
4321		-
4322		-	14–5H–12. 13
4323		-
4324		-	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 14
4325		-	TITLE, TO qualify for a license, an applicant shall: 15
4326		-
4327		-	[(1) Complete a criminal history records check in accordance with § 16
4328		-	14–308.1 of this article; 17
4329		-
4330		-	(2) Be of good moral character; 18
4331		-
4332		-	(3) Demonstrate oral and written competency in the English language as 19
4333		-	required by the Board; 20
4334		-
4335		-	(4) Be at least 18 years old; and 21
4336		-
4337		-	(5) (i)] (1) Be a graduate of a physician assistant training program 22
4338		-	approved by the Board; or 23
4339		-
4340		-	[(ii)] (2) Have passed the physician assistant national certifying 24
4341		-	examination administered by the National Commission on Certification of Physician 25
4342		-	Assistants prior to 1986, maintained all continuing education and recertification 26
4343		-	requirements, and been in continuous practice since passage of the examination. 27
4344		-
4345		-	14–5H–14. 28
4346		-
4347		-	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 29
4348		-	the primary place of business of the licensee. 30
	4306	+	(2) The Board has not made a final decision regarding the delegation 1
	4307	+	agreement. 2
	4308	+
	4309	+	14–5H–10. 3
	4310	+
	4311	+	(e) Before a physician assistant may renew a license for an additional 2–year 4
	4312	+	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 5
	4313	+	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 6
	4314	+	education within the previous 2 years. 7
	4315	+
	4316	+	14–5H–12. 8
	4317	+
	4318	+	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 9
	4319	+	TITLE, TO qualify for a license, an applicant shall: 10
	4320	+
	4321	+	[(1) Complete a criminal history records check in accordance with § 11
	4322	+	14–308.1 of this article; 12
	4323	+
	4324	+	(2) Be of good moral character; 13
	4325	+
	4326	+	(3) Demonstrate oral and written competency in the English language as 14
	4327	+	required by the Board; 15
	4328	+
	4329	+	(4) Be at least 18 years old; and 16
	4330	+
	4331	+	(5) (i)] (1) Be a graduate of a physician assistant training program 17
	4332	+	approved by the Board; or 18
	4333	+
	4334	+	[(ii)] (2) Have passed the physician assistant national certifying 19
	4335	+	examination administered by the National Commission on Certification of Physician 20
	4336	+	Assistants prior to 1986, maintained all continuing education and recertification 21
	4337	+	requirements, and been in continuous practice since passage of the examination. 22
	4338	+
	4339	+	14–5H–14. 23
	4340	+
	4341	+	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 24
	4342	+	the primary place of business of the licensee. 25
	4343	+
	4344	+	[(b) (1) Each licensee shall give the Board written notice of any change of name 26
	4345	+	or address within 60 days of the date of the change. 27
	4346	+
	4347	+	(2) A licensee who fails to comply with this subsection is subject to an 28
	4348	+	administrative penalty of $100.] 29
	4349	+
	4350	+	14–5H–15. 30
4349	4351		92 HOUSE BILL 962
4350	4352
4351	4353
4352		-	[(b) (1) Each licensee shall give the Board written notice of any change of name 1
4353		-	or address within 60 days of the date of the change. 2
4354		-
4355		-	(2) A licensee who fails to comply with this subsection is subject to an 3
4356		-	administrative penalty of $100.] 4
4357		-
4358		-	14–5H–15. 5
4359		-
4360		-	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 6
4361		-	Article, before the Board takes any action to reject or modify a delegation agreement or 7
4362		-	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 8
4363		-	Board. 9
4364		-
4365		-	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 10
4366		-	Subtitle 2 of the State Government Article. 11
4367		-
4368		-	[(3)] (C) The Board may administer oaths in connection with any 12
4369		-	proceeding under this section. 13
4370		-
4371		-	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 14
4372		-	sent to the last known address of the applicant or licensee. 15
4373		-
4374		-	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 16
4375		-	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 17
4376		-	review as allowed by the Administrative Procedure Act.] 18
4377		-
4378		-	14–5H–16. 19
4379		-
4380		-	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 20
4381		-	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 21
4382		-	reprimand any physician assistant, place any physician assistant on probation, or suspend 22
4383		-	or revoke a license if the physician assistant: 23
4384		-
4385		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 24
4386		-	the applicant or licensee or for another; 25
4387		-
4388		-	(2) Fraudulently or deceptively uses a license; 26
4389		-
4390		-	(3) Is guilty of: 27
4391		-
4392		-	(i) Immoral conduct in the practice of medicine; or 28
4393		-
4394		-	(ii) Unprofessional conduct in the practice of medicine; 29
4395		-
4396		-	(4) Is professionally, physically, or mentally incompetent; 30
	4354	+	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 1
	4355	+	Article, before the Board takes any action to reject or modify a delegation agreement or 2
	4356	+	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 3
	4357	+	Board. 4
	4358	+
	4359	+	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 5
	4360	+	Subtitle 2 of the State Government Article. 6
	4361	+
	4362	+	[(3)] (C) The Board may administer oaths in connection with any 7
	4363	+	proceeding under this section. 8
	4364	+
	4365	+	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 9
	4366	+	sent to the last known address of the applicant or licensee. 10
	4367	+
	4368	+	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 11
	4369	+	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 12
	4370	+	review as allowed by the Administrative Procedure Act.] 13
	4371	+
	4372	+	14–5H–16. 14
	4373	+
	4374	+	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 15
	4375	+	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 16
	4376	+	reprimand any physician assistant, place any physician assistant on probation, or suspend 17
	4377	+	or revoke a license if the physician assistant: 18
	4378	+
	4379	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 19
	4380	+	the applicant or licensee or for another; 20
	4381	+
	4382	+	(2) Fraudulently or deceptively uses a license; 21
	4383	+
	4384	+	(3) Is guilty of: 22
	4385	+
	4386	+	(i) Immoral conduct in the practice of medicine; or 23
	4387	+
	4388	+	(ii) Unprofessional conduct in the practice of medicine; 24
	4389	+
	4390	+	(4) Is professionally, physically, or mentally incompetent; 25
	4391	+
	4392	+	(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 26
	4393	+	[article] SUBTITLE; 27
	4394	+
	4395	+	(6) Abandons a patient; 28
	4396	+
	4397	+	(7) Habitually is intoxicated; 29
4397	4398		HOUSE BILL 962 93
4398	4399
4399	4400
4400		-	(5) ~~Solicits~~ or ~~advertises in violation of [§~~ ~~14–503] § 14–5H–13 of this~~ 1
4401		-	[article~~] SUBTITLE~~; 2
4402		-
4403		-	(6) ~~Abandons a patient;~~ 3
4404		-
4405		-	(7) ~~Habitually is intoxicated~~; 4
4406		-
4407		-	(8) ~~Is addicted to, or habitually abuses,~~ any narcotic or controlled 5
4408		-	~~dangerous substance as~~ defined in § 5–101 of the Criminal Law Article; 6
4409		-
4410		-	~~(9) Provides professional services: 7~~
4411		-
4412		-	~~(i) While under~~ the ~~influence of alcohol~~; ~~or 8~~
4413		-
4414		-	(ii) ~~While using any narcotic~~ or ~~controlled dangerous substance,~~ ~~as 9~~
4415		-	~~defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 10~~
4416		-	~~amounts or without valid medical indication; 11~~
4417		-
4418		-	~~(10) Promotes~~ the ~~sale~~ of ~~drugs, devices, appliances~~, or ~~goods~~ to ~~a patient so 12~~
4419		-	as to ~~exploit~~ the ~~patient for financial gain~~; 13
4420		-
4421		-	(11) ~~Willfully makes or files a false report or record~~ in the ~~practice~~ of 14
4422		-	~~medicine; 15~~
4423		-
4424		-	~~(12) Willfully fails to file or record any medical report as required under law, 16~~
4425		-	~~willfully impedes~~ or ~~obstructs the filing~~ or ~~recording of the report, or induces another to fail 17~~
4426		-	~~to file or record~~ the ~~report~~; 18
4427		-
4428		-	(13) ~~On proper request,~~ ~~and in accordance with the provisions of Title 4,~~ 19
4429		-	~~Subtitle 3 of the Health – General Article, fails~~ to ~~provide details of~~ a ~~patient’s medical 20~~
4430		-	~~record to the~~ patient~~, another physician, or hospital~~; 21
4431		-
4432		-	(14) ~~Solicits professional patronage through an agent~~ or ~~other person or 22~~
4433		-	~~profits from~~ the ~~acts of a person who is represented as an agent of the~~ physician~~; 23~~
4434		-
4435		-	~~(15) Pays or agrees to pay any sum to any person for bringing or referring a 24~~
4436		-	~~patient or accepts or agrees to accept any sum from any person for bringing or referring a 25~~
4437		-	~~patient; 26~~
4438		-
4439		-	~~(16) Agrees with a clinical or bioanalytical laboratory to make payments to 27~~
4440		-	the ~~laboratory for a test~~ or ~~test series for a patient, unless~~ the licensed ~~physician assistant~~ 28
4441		-	~~discloses on the bill to the patient or third–party payor:~~ 29
4442		-
4443		-	(i) ~~The name of the laboratory~~; 30
4444		-
4445		-	(ii) ~~The amount paid to the laboratory for the test~~ or ~~test series; and~~ 31
4446		-	94 HOUSE BILL 962
4447		-
4448		-
4449		-	~~(iii) The amount of procurement or processing charge of the licensed 1~~
4450		-	~~physician, if any,~~ ~~for each specimen taken~~; 2
4451		-
4452		-	(17) ~~Makes~~ a ~~willful misrepresentation in treatment; 3~~
4453		-
4454		-	~~(18) Practices medicine with an unauthorized person or aids an 4~~
4455		-	~~unauthorized person in the practice of medicine;~~ 5
4456		-
4457		-	~~(19) Grossly overutilizes health care~~ services; 6
4458		-
4459		-	~~(20) Offers, undertakes, or agrees to cure or treat disease by a secret 7~~
4460		-	~~method, treatment,~~ ~~or medicine;~~ 8
4461		-
4462		-	~~(21) Is disciplined by a licensing or disciplinary authority or convicted or 9~~
4463		-	~~disciplined by a court of any state or country or disciplined by any branch of the United 10~~
4464		-	~~States uniformed~~ services ~~or the Veterans’ Administration for an act that would be grounds~~ 11
4465		-	~~for disciplinary action under this section~~; 12
4466		-
4467		-	(22) ~~Fails~~ to ~~meet appropriate standards for the delivery of quality medical~~ 13
4468		-	~~and surgical care performed in~~ an ~~outpatient surgical facility,~~ ~~office, hospital, or any other~~ 14
4469		-	~~location in~~ this ~~State;~~ 15
4470		-
4471		-	(23) ~~Willfully submits false statements~~ to ~~collect fees for which services are~~ 16
4472		-	~~not provided~~; 17
4473		-
4474		-	(24) ~~Was subject~~ to ~~investigation or disciplinary action by a licensing~~ or 18
4475		-	~~disciplinary authority or by a court of any state or country for an act that would be grounds~~ 19
4476		-	~~for disciplinary action under this section and the licensee: 20~~
4477		-
4478		-	~~(i) Surrendered~~ the ~~license issued by the state or country to the~~ 21
4479		-	~~state or country; or 22~~
4480		-
4481		-	~~(ii) Allowed~~ the ~~license issued by the state or country to expire or~~ 23
4482		-	~~lapse; 24~~
4483		-
4484		-	~~(25) Knowingly fails to report suspected child abuse in violation of § 5–704~~ 25
4485		-	~~of the Family Law Article; 26~~
4486		-
4487		-	~~(26) Fails to educate a patient being treated for breast cancer of alternative 27~~
4488		-	~~methods of treatment as required by § 20–113 of the Health – General Article; 28~~
4489		-
4490		-	~~(27) Sells,~~ ~~prescribes, gives away,~~ ~~or administers drugs for illegal or~~ 29
4491		-	~~illegitimate medical purposes; 30~~
4492		-
4493		-	~~(28) Fails to comply with the provisions of § 12–102 of this article;~~ 31
	4401	+	(8) Is addicted to, or habitually abuses, any narcotic or controlled 1
	4402	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 2
	4403	+
	4404	+	(9) Provides professional services: 3
	4405	+
	4406	+	(i) While under the influence of alcohol; or 4
	4407	+
	4408	+	(ii) While using any narcotic or controlled dangerous substance, as 5
	4409	+	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 6
	4410	+	amounts or without valid medical indication; 7
	4411	+
	4412	+	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 8
	4413	+	as to exploit the patient for financial gain; 9
	4414	+
	4415	+	(11) Willfully makes or files a false report or record in the practice of 10
	4416	+	medicine; 11
	4417	+
	4418	+	(12) Willfully fails to file or record any medical report as required under law, 12
	4419	+	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 13
	4420	+	to file or record the report; 14
	4421	+
	4422	+	(13) On proper request, and in accordance with the provisions of Title 4, 15
	4423	+	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 16
	4424	+	record to the patient, another physician, or hospital; 17
	4425	+
	4426	+	(14) Solicits professional patronage through an agent or other person or 18
	4427	+	profits from the acts of a person who is represented as an agent of the physician; 19
	4428	+
	4429	+	(15) Pays or agrees to pay any sum to any person for bringing or referring a 20
	4430	+	patient or accepts or agrees to accept any sum from any person for bringing or referring a 21
	4431	+	patient; 22
	4432	+
	4433	+	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 23
	4434	+	the laboratory for a test or test series for a patient, unless the licensed physician assistant 24
	4435	+	discloses on the bill to the patient or third–party payor: 25
	4436	+
	4437	+	(i) The name of the laboratory; 26
	4438	+
	4439	+	(ii) The amount paid to the laboratory for the test or test series; and 27
	4440	+
	4441	+	(iii) The amount of procurement or processing charge of the licensed 28
	4442	+	physician, if any, for each specimen taken; 29
	4443	+
	4444	+	(17) Makes a willful misrepresentation in treatment; 30
	4445	+
	4446	+	(18) Practices medicine with an unauthorized person or aids an 31
	4447	+	unauthorized person in the practice of medicine; 32 94 HOUSE BILL 962
	4448	+
	4449	+
	4450	+
	4451	+	(19) Grossly overutilizes health care services; 1
	4452	+
	4453	+	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 2
	4454	+	method, treatment, or medicine; 3
	4455	+
	4456	+	(21) Is disciplined by a licensing or disciplinary authority or convicted or 4
	4457	+	disciplined by a court of any state or country or disciplined by any branch of the United 5
	4458	+	States uniformed services or the Veterans’ Administration for an act that would be grounds 6
	4459	+	for disciplinary action under this section; 7
	4460	+
	4461	+	(22) Fails to meet appropriate standards for the delivery of quality medical 8
	4462	+	and surgical care performed in an outpatient surgical facility, office, hospital, or any other 9
	4463	+	location in this State; 10
	4464	+
	4465	+	(23) Willfully submits false statements to collect fees for which services are 11
	4466	+	not provided; 12
	4467	+
	4468	+	(24) Was subject to investigation or disciplinary action by a licensing or 13
	4469	+	disciplinary authority or by a court of any state or country for an act that would be grounds 14
	4470	+	for disciplinary action under this section and the licensee: 15
	4471	+
	4472	+	(i) Surrendered the license issued by the state or country to the 16
	4473	+	state or country; or 17
	4474	+
	4475	+	(ii) Allowed the license issued by the state or country to expire or 18
	4476	+	lapse; 19
	4477	+
	4478	+	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 20
	4479	+	of the Family Law Article; 21
	4480	+
	4481	+	(26) Fails to educate a patient being treated for breast cancer of alternative 22
	4482	+	methods of treatment as required by § 20–113 of the Health – General Article; 23
	4483	+
	4484	+	(27) Sells, prescribes, gives away, or administers drugs for illegal or 24
	4485	+	illegitimate medical purposes; 25
	4486	+
	4487	+	(28) Fails to comply with the provisions of § 12–102 of this article; 26
	4488	+
	4489	+	(29) Refuses, withholds from, denies, or discriminates against an individual 27
	4490	+	with regard to the provision of professional services for which the physician assistant is 28
	4491	+	licensed and qualified to render because the individual is HIV positive; 29
	4492	+
	4493	+	(30) Except as to an association that has remained in continuous existence 30
	4494	+	since July 1, 1963: 31
4494	4495		HOUSE BILL 962 95
4495	4496
4496	4497
4497		-	(29) Refuses, withholds from, denies, or discriminates against an individual 1
4498		-	with regard to the provision of professional services for which the physician assistant is 2
4499		-	licensed and qualified to render because the individual is HIV positive; 3
4500		-
4501		-	(30) Except as to an association that has remained in continuous existence 4
4502		-	since July 1, 1963: 5
4503		-
4504		-	(i) Associates with a pharmacist as a partner or co–owner of a 6
4505		-	pharmacy for the purpose of operating a pharmacy; 7
4506		-
4507		-	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 8
4508		-	or 9
4509		-
4510		-	(iii) Contracts with a pharmacist for the purpose of operating a 10
4511		-	pharmacy; 11
4512		-
4513		-	(31) Except in an emergency life–threatening situation where it is not 12
4514		-	feasible or practicable, fails to comply with the Centers for Disease Control and 13
4515		-	Prevention’s guidelines on universal precautions; 14
4516		-
4517		-	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 15
4518		-	[article] TITLE; 16
4519		-
4520		-	(33) Fails to cooperate with a lawful investigation conducted by the Board 17
4521		-	or a disciplinary panel; 18
4522		-
4523		-	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 19
4524		-	Article; 20
4525		-
4526		-	(35) Is in breach of a service obligation resulting from the applicant’s or 21
4527		-	licensee’s receipt of State or federal funding for the physician assistant’s medical education; 22
4528		-
4529		-	(36) Willfully makes a false representation when seeking or making 23
4530		-	application for licensure or any other application related to the practice of medicine; 24
4531		-
4532		-	(37) By corrupt means, threats, or force, intimidates or influences, or 25
4533		-	attempts to intimidate or influence, for the purpose of causing any person to withhold or 26
4534		-	change testimony in hearings or proceedings before the Board or a disciplinary panel or 27
4535		-	those otherwise delegated to the Office of Administrative Hearings; 28
4536		-
4537		-	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 29
4538		-	delays any person from making information available to the Board or a disciplinary panel 30
4539		-	in furtherance of any investigation of the Board or a disciplinary panel; 31
4540		-
4541		-	(39) Intentionally misrepresents credentials for the purpose of testifying or 32
4542		-	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 33
4543		-	panel or those otherwise delegated to the Office of Administrative Hearings; 34 96 HOUSE BILL 962
4544		-
4545		-
4546		-
4547		-	(40) Fails to keep adequate medical records; 1
4548		-
4549		-	(41) Performs delegated medical acts beyond the scope of the delegation 2
4550		-	agreement filed with the Board or after notification from the Board that an advanced duty 3
4551		-	has been disapproved; 4
4552		-
4553		-	(42) Performs delegated medical acts without the supervision of a physician; 5
4554		-
4555		-	(43) Fails to complete a criminal history records check under [§ 14–308.1] § 6
4556		-	14–302 of this [article] TITLE; 7
4557		-
4558		-	(44) Fails to comply with the requirements of the Prescription Drug 8
4559		-	Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 9
4560		-
4561		-	(45) Fails to comply with the requirements of the Prescription Drug 10
4562		-	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 11
4563		-
4564		-	(46) Fails to comply with any State or federal law pertaining to the practice 12
4565		-	as a physician assistant. 13
4566		-
4567		-	(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 14
4568		-	PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBS ECTION (A) 15
4569		-	OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 16
4570		-	REPRIMAND A LICENSED PHYSICIAN A SSISTANT, OR PLACE THE LICENSE D 17
4571		-	PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 18
4572		-	FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 19
4573		-	REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 20
4574		-	LICENSEE ON PROBATIO N. 21
4575		-
4576		-	(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 22
4577		-	INTO THE GENERAL FUND OF THE STATE. 23
4578		-
4579		-	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 24
4580		-	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPECIFIED 25
4581		-	TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 26
4582		-
4583		-	14–5H–21. 27
4584		-
4585		-	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 28
4586		-	of this subtitle: 29
4587		-
4588		-	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 30
4589		-	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 31
	4498	+	(i) Associates with a pharmacist as a partner or co–owner of a 1
	4499	+	pharmacy for the purpose of operating a pharmacy; 2
	4500	+
	4501	+	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 3
	4502	+	or 4
	4503	+
	4504	+	(iii) Contracts with a pharmacist for the purpose of operating a 5
	4505	+	pharmacy; 6
	4506	+
	4507	+	(31) Except in an emergency life–threatening situation where it is not 7
	4508	+	feasible or practicable, fails to comply with the Centers for Disease Control and 8
	4509	+	Prevention’s guidelines on universal precautions; 9
	4510	+
	4511	+	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 10
	4512	+	[article] TITLE; 11
	4513	+
	4514	+	(33) Fails to cooperate with a lawful investigation conducted by the Board 12
	4515	+	or a disciplinary panel; 13
	4516	+
	4517	+	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 14
	4518	+	Article; 15
	4519	+
	4520	+	(35) Is in breach of a service obligation resulting from the applicant’s or 16
	4521	+	licensee’s receipt of State or federal funding for the physician assistant’s medical education; 17
	4522	+
	4523	+	(36) Willfully makes a false representation when seeking or making 18
	4524	+	application for licensure or any other application related to the practice of medicine; 19
	4525	+
	4526	+	(37) By corrupt means, threats, or force, intimidates or influences, or 20
	4527	+	attempts to intimidate or influence, for the purpose of causing any person to withhold or 21
	4528	+	change testimony in hearings or proceedings before the Board or a disciplinary panel or 22
	4529	+	those otherwise delegated to the Office of Administrative Hearings; 23
	4530	+
	4531	+	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 24
	4532	+	delays any person from making information available to the Board or a disciplinary panel 25
	4533	+	in furtherance of any investigation of the Board or a disciplinary panel; 26
	4534	+
	4535	+	(39) Intentionally misrepresents credentials for the purpose of testifying or 27
	4536	+	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 28
	4537	+	panel or those otherwise delegated to the Office of Administrative Hearings; 29
	4538	+
	4539	+	(40) Fails to keep adequate medical records; 30
	4540	+
	4541	+	(41) Performs delegated medical acts beyond the scope of the delegation 31
	4542	+	agreement filed with the Board or after notification from the Board that an advanced duty 32
	4543	+	has been disapproved; 33
	4544	+	96 HOUSE BILL 962
	4545	+
	4546	+
	4547	+	(42) Performs delegated medical acts without the supervision of a physician; 1
	4548	+
	4549	+	(43) Fails to complete a criminal history records check under [§ 14–308.1] § 2
	4550	+	14–302 of this [article] TITLE; 3
	4551	+
	4552	+	(44) Fails to comply with the requirements of the Prescription Drug 4
	4553	+	Monitoring Program in Title 21, Subtitle 2A of the Health – General Article; 5
	4554	+
	4555	+	(45) Fails to comply with the requirements of the Prescription Drug 6
	4556	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 7
	4557	+
	4558	+	(46) Fails to comply with any State or federal law pertaining to the practice 8
	4559	+	as a physician assistant. 9
	4560	+
	4561	+	(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 10
	4562	+	PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBS ECTION (A) 11
	4563	+	OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 12
	4564	+	REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 13
	4565	+	PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 14
	4566	+	FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 15
	4567	+	REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 16
	4568	+	LICENSEE ON PROBATION. 17
	4569	+
	4570	+	(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION 18
	4571	+	INTO THE GENERAL FUND OF THE STATE. 19
	4572	+
	4573	+	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 20
	4574	+	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 21
	4575	+	TERMS AND CONDITIONS DETER MINED BY THE DISCIPL INARY PANEL. 22
	4576	+
	4577	+	14–5H–21. 23
	4578	+
	4579	+	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 24
	4580	+	of this subtitle: 25
	4581	+
	4582	+	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 26
	4583	+	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 27
	4584	+
	4585	+	(2) Shall lose licensure as a physician assistant under this title. 28
	4586	+
	4587	+	(b) (1) In addition to the penalties under subsection (a) of this section, a person 29
	4588	+	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 30
	4589	+	assessed by a disciplinary panel in an amount not exceeding $5,000. 31
4590	4590		HOUSE BILL 962 97
4591	4591
4592	4592
4593		-	(2) Shall lose licensure as a physician assistant under this title. 1
4594		-
4595		-	(b) (1) In addition to the penalties under subsection (a) of this section, a person 2
4596		-	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 3
4597		-	assessed by a disciplinary panel in an amount not exceeding $5,000. 4
4598		-
4599		-	(2) In addition to the penalties under paragraph (1) of this subsection, a 5
4600		-	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 6
4601		-	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 7
4602		-
4603		-	(3) The Board shall pay any civil penalty collected under this subsection 8
4604		-	into the Board of Physicians Fund. 9
4605		-
4606		-	14–5H–22. 10
4607		-
4608		-	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 11
4609		-
4610		-	14–5H–23. 12
4611		-
4612		-	Subject to the evaluation and reestablishment provisions of the Maryland Program 13
4613		-	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 14
4614		-	SUBTITLE shall terminate and be of no effect after July 1, 2030. 15
4615		-
4616		-	Article – Transportation 16
4617		-
4618		-	13–616. 17
4619		-
4620		-	(a) (1) In this subtitle the following words have the meanings indicated. 18
4621		-
4622		-	(7) “Licensed physician assistant” means an individual who is licensed 19
4623		-	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 20
4624		-	with physician supervision. 21
4625		-
4626		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 22
4627		-	as follows: 23
4628		-
4629		-	Article – Health Occupations 24
4630		-
4631		-	14–3A–01. 25
4632		-
4633		-	The Interstate Medical Licensure Compact is enacted into law and entered into with 26
4634		-	all other states legally joining in it in the form substantially as it appears in this section as 27
4635		-	follows: 28
4636		-
4637		-	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 29
4638		-	98 HOUSE BILL 962
4639		-
4640		-
4641		-	(b) (3) (i) The member board within the state selected as the state of 1
4642		-	principal license shall, in the course of verifying eligibility, require the applicant to obtain 2
4643		-	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 3
4644		-	including the use of the results of fingerprint or other biometric data checks compliant with 4
4645		-	the requirements of the Federal Bureau of Investigation, with the exception of federal 5
4646		-	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 6
4647		-
4648		-	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
4649		-	as follows: 8
4650		-
4651		-	Article – Tax – General 9
4652		-
4653		-	10–752. 10
4654		-
4655		-	(a) (1) In this section the following words have the meanings indicated. 11
4656		-
4657		-	(3) “Health care practitioner” means an individual who: 12
4658		-
4659		-	(i) is licensed to practice medicine under Title 14 of the Health 13
4660		-	Occupations Article; 14
4661		-
4662		-	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 15
4663		-	the Health Occupations Article; or 16
4664		-
4665		-	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 17
4666		-	Health Occupations Article. 18
4667		-
4668		-	(d) (7) The Fund consists of: 19
4669		-
4670		-	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 20
4671		-	the Health Occupations Article; 21
4672		-
4673		-	(ii) money appropriated in the State budget to the Fund; and 22
4674		-
4675		-	(iii) any other money from any other source accepted for the benefit 23
4676		-	of the Fund. 24
4677		-
4678		-	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 25
4679		-	Annotated Code of Maryland, in consultation with and subject to the approval of the 26
4680		-	Department of Legislative Services, shall correct, with no further action required by the 27
4681		-	General Assembly, cross–references and terminology rendered incorrect by this Act. The 28
4682		-	publisher shall adequately describe any correction that is made in an editor’s note following 29
4683		-	the section affected. 30
4684		-
4685		-	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
4686		-	October 1, 2023. Section 4 of this Act shall remain effective until the taking effect of the 32
4687		-	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 33 HOUSE BILL 962 99
4688		-
4689		-
4690		-	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 1
4691		-	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 2
4692		-	until the taking effect of the termination provision specified in Section 6 of Chapters 153 3
4693		-	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 4
4694		-	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 5
4695		-	may not be interpreted to have any effect on those termination provisions. 6
4696		-
4697		-
4698		-
4699		-
4700		-	Approved:
4701		-	________________________________________________________________________________
4702		-	Governor.
4703		-	________________________________________________________________________________
4704		-	Speaker of the House of Delegates.
4705		-	________________________________________________________________________________
4706		-	President of the Senate.
	4593	+	(2) In addition to the penalties under paragraph (1) of this subsection, a 1
	4594	+	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 2
	4595	+	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 3
	4596	+
	4597	+	(3) The Board shall pay any civil penalty collected under this subsection 4
	4598	+	into the Board of Physicians Fund. 5
	4599	+
	4600	+	14–5H–22. 6
	4601	+
	4602	+	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 7
	4603	+
	4604	+	14–5H–23. 8
	4605	+
	4606	+	Subject to the evaluation and reestablishment provisions of the Maryland Program 9
	4607	+	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 10
	4608	+	SUBTITLE shall terminate and be of no effect after July 1, 2030. 11
	4609	+
	4610	+	Article – Transportation 12
	4611	+
	4612	+	13–616. 13
	4613	+
	4614	+	(a) (1) In this subtitle the following words have the meanings indicated. 14
	4615	+
	4616	+	(7) “Licensed physician assistant” means an individual who is licensed 15
	4617	+	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 16
	4618	+	with physician supervision. 17
	4619	+
	4620	+	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
	4621	+	as follows: 19
	4622	+
	4623	+	Article – Health Occupations 20
	4624	+
	4625	+	14–3A–01. 21
	4626	+
	4627	+	The Interstate Medical Licensure Compact is enacted into law and entered into with 22
	4628	+	all other states legally joining in it in the form substantially as it appears in this section as 23
	4629	+	follows: 24
	4630	+
	4631	+	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 25
	4632	+
	4633	+	(b) (3) (i) The member board within the state selected as the state of 26
	4634	+	principal license shall, in the course of verifying eligibility, require the applicant to obtain 27
	4635	+	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 28
	4636	+	including the use of the results of fingerprint or other biometric data checks compliant with 29
	4637	+	the requirements of the Federal Bureau of Investigation, with the exception of federal 30
	4638	+	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 31 98 HOUSE BILL 962
	4639	+
	4640	+
	4641	+
	4642	+	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
	4643	+	as follows: 2
	4644	+
	4645	+	Article – Tax – General 3
	4646	+
	4647	+	10–752. 4
	4648	+
	4649	+	(a) (1) In this section the following words have the meanings indicated. 5
	4650	+
	4651	+	(3) “Health care practitioner” means an individual who: 6
	4652	+
	4653	+	(i) is licensed to practice medicine under Title 14 of the Health 7
	4654	+	Occupations Article; 8
	4655	+
	4656	+	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 9
	4657	+	the Health Occupations Article; or 10
	4658	+
	4659	+	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 11
	4660	+	Health Occupations Article. 12
	4661	+
	4662	+	(d) (7) The Fund consists of: 13
	4663	+
	4664	+	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 14
	4665	+	the Health Occupations Article; 15
	4666	+
	4667	+	(ii) money appropriated in the State budget to the Fund; and 16
	4668	+
	4669	+	(iii) any other money from any other source accepted for the benefit 17
	4670	+	of the Fund. 18
	4671	+
	4672	+	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 19
	4673	+	Annotated Code of Maryland, in consultation with and subject to the approval of the 20
	4674	+	Department of Legislative Services, shall correct, with no further action required by the 21
	4675	+	General Assembly, cross–references and terminology rendered incorrect by this Act. The 22
	4676	+	publisher shall adequately describe any correction that is made in an editor’s note following 23
	4677	+	the section affected. 24
	4678	+
	4679	+	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
	4680	+	October 1, 2023. Section 4 of this Act shall remain effective until the taking effect of the 26
	4681	+	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 27
	4682	+	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 28
	4683	+	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 29
	4684	+	until the taking effect of the termination provision specified in Section 6 of Chapters 153 30
	4685	+	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 31
	4686	+	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 32
	4687	+	may not be interpreted to have any effect on those termination provisions. 33 HOUSE BILL 962 99
	4688	+
	4689	+
	4690	+
	4691	+