MD
Maryland Senate Bill SB960

Maryland 2023 Regular Session

Maryland Senate Bill SB960 Compare Versions

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1- WES MOORE, Governor Ch. 223
21
3-– 1 –
4-Chapter 223
5-(Senate Bill 960)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *sb0960*
89
9-State Board of Nursing – Sunset Extension, Licensure Exceptions, and Board
10-Operations and Membership
10+SENATE BILL 960
11+J2 EMERGENCY BILL 3lr2937
12+ CF HB 611
13+By: Senator Kelly
14+Introduced and read first time: February 27, 2023
15+Assigned to: Rules
16+Re–referred to: Finance, March 3, 2023
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: March 20, 2023
1120
12-FOR the purpose of continuing the State Board of Nursing in accordance with the
13-provisions of the Maryland Program Evaluation Act (sunset law) by extending to a
14-certain date the termination provisions relating to the statutory and regulatory
15-authority of the Board; altering the exceptions to the registered nursing and licensed
16-practical nurse licensure requirements; providing that, for a certain period of time,
17-the Secretary of Health, rather than the Board, has authority over the infrastructure
18-operations of the Board, including the authority to employ staff for the Board and
19-set compensation for certain employees as determined in consultation with the
20-Secretary of Budget and Management; prohibiting the Board of Nursing Fund from
21-being used to pay for infrastructure operations for a certain period of time; altering
22-certain qualifications for the executive director of the Board after the authority of
23-the Secretary of Health over the Board’s infrastructure operations is terminated;
24-requiring the Board to hire a certain consultant to conduct an independent
25-evaluation of the Board; requiring that the terms of certain members of the Board
26-end on certain dates; and generally relating to the State Board of Nursing.
21+CHAPTER ______
2722
28-BY repealing and reenacting, with amendments,
29- Article – Health Occupations
30-Section 1–203(b), 8–204(d)(3), 8–205(a)(8), 8–206(e)(1), 8–301(c), 8–6B–30, 8–6C–26,
31-and 8–802
32- Annotated Code of Maryland
33- (2021 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
3424
35-BY repealing and reenacting, without amendments,
36- Article – Health Occupations
37-Section 8–206(a) and 8–301(a) and (b)
38- Annotated Code of Maryland
39- (2021 Replacement Volume and 2022 Supplement)
25+State Board of Nursing – Sunset Extension, Licensure Exceptions, and Board 2
26+Operations and Membership 3
4027
41-BY repealing
42- Article – Health Occupations
43-Section 8–204(d)
44- Annotated Code of Maryland
45- (2021 Replacement Volume and 2022 Supplement)
28+FOR the purpose of continuing the State Board of Nursing in accordance with the 4
29+provisions of the Maryland Program Evaluation Act (sunset law) by extending to a 5
30+certain date the termination provisions relating to the statutory and regulatory 6
31+authority of the Board; altering the exceptions to the registered nursing and licensed 7
32+practical nurse licensure requirements; providing that, for a certain period of time, 8
33+the Secretary of Health, rather than the Board, has authority over the infrastructure 9
34+operations of the Board, including the authority to employ staff for the Board and 10
35+set compensation for certain employees as determined in consultation with the 11
36+Secretary of Budget and Management; prohibiting the Board of Nursing Fund from 12
37+being used to pay for infrastructure operations for a certain period of time; altering 13
38+certain qualifications for the executive director of the Board after the authority of 14
39+the Secretary of Health over the Board’s infrastructure operations is terminated; 15
40+requiring the Board to hire a certain consultant to conduct an independent 16
41+evaluation of the Board; requiring that the terms of certain members of the Board 17
42+end on certain dates; and generally relating to the State Board of Nursing. 18
4643
47-BY adding to
48- Article – Health Occupations
49-Section 8–204(d) Ch. 223 2023 LAWS OF MARYLAND
44+BY repealing and reenacting, with amendments, 19
45+ Article – Health Occupations 20
46+Section 1–203(b), 8–204(d)(3), 8–205(a)(8), 8–206(e)(1), 8–301(c), 8–6B–30, 8–6C–26, 21
47+and 8–802 22
48+ Annotated Code of Maryland 23 2 SENATE BILL 960
5049
51-– 2 –
52- Annotated Code of Maryland
53- (2021 Replacement Volume and 2022 Supplement)
5450
55- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
56-That the Laws of Maryland read as follows:
51+ (2021 Replacement Volume and 2022 Supplement) 1
5752
58-Article – Health Occupations
53+BY repealing and reenacting, without amendments, 2
54+ Article – Health Occupations 3
55+Section 8–206(a) and 8–301(a) and (b) 4
56+ Annotated Code of Maryland 5
57+ (2021 Replacement Volume and 2022 Supplement) 6
5958
60-8–205.
59+BY repealing 7
60+ Article – Health Occupations 8
61+Section 8–204(d) 9
62+ Annotated Code of Maryland 10
63+ (2021 Replacement Volume and 2022 Supplement) 11
6164
62- (a) In addition to the powers and duties set forth elsewhere in this title, the Board
63-has the following powers and duties:
65+BY adding to 12
66+ Article – Health Occupations 13
67+Section 8–204(d) 14
68+ Annotated Code of Maryland 15
69+ (2021 Replacement Volume and 2022 Supplement) 16
6470
65- (8) To submit to the Governor, the Secretary, and, in accordance with §
66-2–1257 of the State Government Article, the General Assembly, an annual report that
67-includes:
71+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
72+That the Laws of Maryland read as follows: 18
6873
69- (i) The following data calculated on a fiscal year basis:
74+Article – Health Occupations 19
7075
71- 1. The number of initial and renewal licenses and certificates
72-issued;
76+8–205. 20
7377
74- 2. The number of positive and negative criminal history
75-records checks results received;
78+ (a) In addition to the powers and duties set forth elsewhere in this title, the Board 21
79+has the following powers and duties: 22
7680
77- 3. The number of individuals denied initial or renewal
78-licensure or certification due to positive criminal history records checks results;
81+ (8) To submit to the Governor, the Secretary, and, in accordance with § 23
82+2–1257 of the State Government Article, the General Assembly, an annual report that 24
83+includes: 25
7984
80- 4. The number of individuals denied licensure or certification
81-due to reasons other than a positive criminal history records check;
85+ (i) The following data calculated on a fiscal year basis: 26
8286
83- 5. The number of new complaints received;
87+ 1. The number of initial and renewal licenses and certificates 27
88+issued; 28
8489
85- 6. The number of complaints carried over from year to year;
90+ 2. The number of positive and negative criminal history 29
91+records checks results received; 30
8692
87- 7. The most common grounds for complaints; [and]
93+ 3. The number of individuals denied initial or renewal 31
94+licensure or certification due to positive criminal history records checks results; 32
8895
89- 8. The number and types of disciplinary actions taken by the
90-Board; and
96+ 4. The number of individuals denied licensure or certification 33
97+due to reasons other than a positive criminal history records check; 34 SENATE BILL 960 3
9198
92- 9. ANY ADDITIONAL AGGREG ATE DATA, IDENTIFIED BY
93-THE BOARD IN CONSULTATION WITH STAKEHOLDERS , DETERMINED TO BE
94-NECESSARY TO FACILIT ATE WORKFORCE AND HE ALTH PLANNING PURPOS ES THAT
95-DOES NOT REFERENCE A NY INDIVIDUAL’S NAME OR OTHER PERS ONAL IDENTIFIER ;
96-AND
97- WES MOORE, Governor Ch. 223
9899
99-– 3 –
100- (ii) By analyzing information gathered from renewal applications
101-submitted under § 8–312 of this title, an evaluation of the State’s nursing workforce by
102-certification level, region, and type of workplace, including hospitals and home health
103-workers;
104100
105-8–301.
101+ 5. The number of new complaints received; 1
106102
107- (a) Except as otherwise provided in this title, an individual shall be licensed by
108-the Board before the individual may practice registered nursing in this State.
103+ 6. The number of complaints carried over from year to year; 2
109104
110- (b) Except as otherwise provided in this title, an individual shall be licensed by
111-the Board before the individual may practice licensed practical nursing in this State.
105+ 7. The most common grounds for complaints; [and] 3
112106
113- (c) [This] SUBSECTIONS (A) AND (B) OF THIS section [does] DO not apply to:
107+ 8. The number and types of disciplinary actions taken by the 4
108+Board; and 5
114109
115- (1) A student enrolled in an approved education program while practicing
116-registered nursing or licensed practical nursing in that program;
110+ 9. ANY ADDITIONAL AGGREG ATE DATA, IDENTIFIED BY 6
111+THE BOARD IN CONSULTATION WITH STAKEHOLDERS , DETERMINED TO BE 7
112+NECESSARY TO FACILIT ATE WORKFORCE AND HE ALTH PLANNING PURPOSES TH AT 8
113+DOES NOT REFERENCE A NY INDIVIDUAL’S NAME OR OTHER PERS ONAL IDENTIFIER ; 9
114+AND 10
117115
118- (2) An individual employed by the federal government to practice
119-registered nursing or licensed practical nursing while practicing within the scope of that
120-employment, if the individual is authorized by any state to practice registered nursing or
121-licensed practical nursing;
116+ (ii) By analyzing information gathered from renewal applications 11
117+submitted under § 8–312 of this title, an evaluation of the State’s nursing workforce by 12
118+certification level, region, and type of workplace, including hospitals and home health 13
119+workers; 14
122120
123- (3) An individual permitted to practice registered nursing or licensed
124-practical nursing under rules and regulations adopted by the Board, if the individual:
121+8–301. 15
125122
126- (i) Otherwise has qualified to practice registered nursing or licensed
127-practical nursing in any other state or country and is in this State temporarily; or
123+ (a) Except as otherwise provided in this title, an individual shall be licensed by 16
124+the Board before the individual may practice registered nursing in this State. 17
128125
129- (ii) Has an application for a license pending before the Board:
126+ (b) Except as otherwise provided in this title, an individual shall be licensed by 18
127+the Board before the individual may practice licensed practical nursing in this State. 19
130128
131- 1. But has not taken the examination required under this
132-title;
129+ (c) [This] SUBSECTIONS (A) AND (B) OF THIS section [does] DO not apply to: 20
133130
134- 2. Has taken an examination under this title, but the results
135-of the examination are not yet known; [or]
131+ (1) A student enrolled in an approved education program while practicing 21
132+registered nursing or licensed practical nursing in that program; 22
136133
137- 3. Has taken and passed an examination under this title, but
138-is waiting for the completion of the criminal history records check; OR
134+ (2) An individual employed by the federal government to practice 23
135+registered nursing or licensed practical nursing while practicing within the scope of that 24
136+employment, if the individual is authorized by any state to practice registered nursing or 25
137+licensed practical nursing; 26
139138
140- 4. HAS TAKEN AND FAILED AN EXAMINATION REQUI RED
141-UNDER THIS TITLE BUT HAS NOT FAILED THE E XAMINATION MORE THAN ONE TIME
142-WITHIN THE 120–DAY PERIOD IMMEDIATE LY PRECEDING FOLLOWING THE
143-SUBMISSION OF THE AP PLICATION TO THE BOARD;
144- Ch. 223 2023 LAWS OF MARYLAND
139+ (3) An individual permitted to practice registered nursing or licensed 27
140+practical nursing under rules and regulations adopted by the Board, if the individual: 28
145141
146-– 4 –
147- (4) An individual who provides gratuitous care for friends, domestic
148-partners, or family members; or
142+ (i) Otherwise has qualified to practice registered nursing or licensed 29
143+practical nursing in any other state or country and is in this State temporarily; or 30
149144
150- (5) An individual who responds to a disaster situation in this State to
151-practice registered nursing or licensed practical nursing, if:
145+ (ii) Has an application for a license pending before the Board: 31 4 SENATE BILL 960
152146
153- (i) The individual has an active unencumbered license to practice
154-registered nursing or licensed practical nursing in another state and the individual is
155-assigned by:
156147
157- 1. The American Red Cross; or
158148
159- 2. A member of the Maryland Emergency Management
160-Assistance Compact under § 14–803 of the Public Safety Article;
149+ 1. But has not taken the examination required under this 1
150+title; 2
161151
162- (ii) The Governor has declared a State of Emergency by Executive
163-Order or proclamation in accordance with § 3–401 of the State Government Article; and
152+ 2. Has taken an examination under this title, but the results 3
153+of the examination are not yet known; [or] 4
164154
165- (iii) The individual reports to the designated staging area in
166-accordance with § 14–803(2)(b)(5)(iv) of the Public Safety Article.
155+ 3. Has taken and passed an examination under this title, but 5
156+is waiting for the completion of the criminal history records check; OR 6
167157
168-8–6B–30.
158+ 4. HAS TAKEN AND FAILED AN EXAMINATION REQUI RED 7
159+UNDER THIS TITLE BUT HAS NOT FAILED THE E XAMINATION MORE THAN ONE TIME 8
160+WITHIN THE 120–DAY PERIOD IMMEDIATE LY PRECEDING FOLLOWING THE 9
161+SUBMISSION OF THE AP PLICATION TO THE BOARD; 10
169162
170- Subject to the evaluation and reestablishment provisions of the Maryland Program
171-Evaluation Act, and subject to the termination of this title under § 8–802 of this title, this
172-subtitle and all rules and regulations adopted under this subtitle shall terminate and be of
173-no effect after July 1, [2023] 2025.
163+ (4) An individual who provides gratuitous care for friends, domestic 11
164+partners, or family members; or 12
174165
175-8–6C–26.
166+ (5) An individual who responds to a disaster situation in this State to 13
167+practice registered nursing or licensed practical nursing, if: 14
176168
177- Subject to the evaluation and reestablishment provisions of the Maryland Program
178-Evaluation Act, and subject to the termination of this subtitle under § 8–802 of this title,
179-this subtitle and all regulations adopted under this subtitle shall terminate and be of no
180-effect after July 1, [2023] 2025.
169+ (i) The individual has an active unencumbered license to practice 15
170+registered nursing or licensed practical nursing in another state and the individual is 16
171+assigned by: 17
181172
182-8–802.
173+ 1. The American Red Cross; or 18
183174
184- Subject to the evaluation and reestablishment provisions of the Program Evaluation
185-Act, the provisions of this title and of any rule or regulation adopted under this title shall
186-terminate and be of no effect after July 1, [2023] 2025.
175+ 2. A member of the Maryland Emergency Management 19
176+Assistance Compact under § 14–803 of the Public Safety Article; 20
187177
188- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
189-as follows:
178+ (ii) The Governor has declared a State of Emergency by Executive 21
179+Order or proclamation in accordance with § 3–401 of the State Government Article; and 22
190180
191-Article – Health Occupations
192- WES MOORE, Governor Ch. 223
181+ (iii) The individual reports to the designated staging area in 23
182+accordance with § 14–803(2)(b)(5)(iv) of the Public Safety Article. 24
193183
194-– 5 –
195-1–203.
184+8–6B–30. 25
196185
197- (b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS”
198-MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION
199-ESTABLISHED UNDER TH IS ARTICLE, INCLUDING TOOLS AND RESOURCES FOR THE
200-USE AND SUPPORT OF D ELIBERATIVE ACTIONS .
186+ Subject to the evaluation and reestablishment provisions of the Maryland Program 26
187+Evaluation Act, and subject to the termination of this title under § 8–802 of this title, this 27
188+subtitle and all rules and regulations adopted under this subtitle shall terminate and be of 28
189+no effect after July 1, [2023] 2025. 29
201190
202- (II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE
203-LICENSING:
191+8–6C–26. 30
192+ SENATE BILL 960 5
204193
205- 1. POLICY OR REGULATORY DECISIONS OF THE BOA RD
206-OR COMMISSION ; OR
207194
208- 2. LICENSING, INVESTIGATION , OR DISCIPLINARY
209-ACTIVITIES.
195+ Subject to the evaluation and reestablishment provisions of the Maryland Program 1
196+Evaluation Act, and subject to the termination of this subtitle under § 8–802 of this title, 2
197+this subtitle and all regulations adopted under this subtitle shall terminate and be of no 3
198+effect after July 1, [2023] 2025. 4
210199
211- (2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
212-SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the
213-Department does not apply to any staff of a board or commission, established under this
214-article, or to any functions that pertain to licensing, disciplinary, or enforcement authority,
215-or to any other authority specifically delegated by law to a board or commission.
200+8–802. 5
216201
217- (3) THE SECRETARY HAS AUTHORI TY OVER THE INFR ASTRUCTURE
218-OPERATIONS OF THE STATE BOARD OF NURSING ESTABLISHED U NDER TITLE 8 OF
219-THIS ARTICLE.
202+ Subject to the evaluation and reestablishment provisions of the Program Evaluation 6
203+Act, the provisions of this title and of any rule or regulation adopted under this title shall 7
204+terminate and be of no effect after July 1, [2023] 2025. 8
220205
221-8–204.
206+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
207+as follows: 10
222208
223- [(d) The Board may:
209+Article – Health Occupations 11
224210
225- (1) Employ a staff in accordance with the State budget;
211+1–203. 12
226212
227- (2) Define the duties of its staff; and
213+ (b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS” 13
214+MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION 14
215+ESTABLISHED UNDER TH IS ARTICLE, INCLUDING TOOLS AND RESOURCES FOR THE 15
216+USE AND SUPPORT OF D ELIBERATIVE ACTIONS . 16
228217
229- (3) Employ:
218+ (II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE 17
219+LICENSING: 18
230220
231- (i) An executive director who shall be a registered nurse with a
232-minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board,
233-in professional education and administrative experience; and
221+ 1. POLICY OR REGULATORY DECISIONS OF THE BOA RD 19
222+OR COMMISSION ; OR 20
234223
235- (ii) A deputy director who shall assume the duties and authority of
236-the executive director in the absence of the executive director.]
224+ 2. LICENSING, INVESTIGATION , OR DISCIPLINARY 21
225+ACTIVITIES. 22
237226
238- (D) (1) (I) THE SECRETARY MAY EMPLOY A STAFF FOR THE BOARD IN
239-ACCORDANCE WITH THE STATE BUDGET . Ch. 223 2023 LAWS OF MARYLAND
227+ (2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 23
228+SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the 24
229+Department does not apply to any staff of a board or commission, established under this 25
230+article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, 26
231+or to any other authority specifically delegated by law to a board or commission. 27
240232
241-– 6 –
233+ (3) THE SECRETARY HAS AUTHORI TY OVER THE INFRASTR UCTURE 28
234+OPERATIONS OF THE STATE BOARD OF NURSING ESTABLISHED U NDER TITLE 8 OF 29
235+THIS ARTICLE. 30
242236
243- (II) THE SECRETARY MAY DESIGNA TE ONE OF THE STAFF WHO
244-IS A REGISTERED NURSE AS AN EXECUTIVE DIRE CTOR.
237+8–204. 31
245238
246- (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE
247-OF THE BOARD IN A POSITION T HAT:
239+ [(d) The Board may: 32 6 SENATE BILL 960
248240
249- (I) IS UNIQUE TO THE BOARD;
250241
251- (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM
252-THE DUTIES OF THE PO SITION; AND
253242
254- (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM
255-FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS
256-OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT .
243+ (1) Employ a staff in accordance with the State budget; 1
257244
258- (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN
259-CONSULTATION WITH TH E SECRETARY, SHALL DETE RMINE THE POSITIONS FOR
260-WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS
261-SUBSECTION.
245+ (2) Define the duties of its staff; and 2
262246
263-8–206.
247+ (3) Employ: 3
264248
265- (a) There is a Board of Nursing Fund.
249+ (i) An executive director who shall be a registered nurse with a 4
250+minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 5
251+in professional education and administrative experience; and 6
266252
267- (e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the
268-actual documented direct and indirect costs of fulfilling the statutory and regulatory duties
269-of the Board as provided by the provisions of this title.
253+ (ii) A deputy director who shall assume the duties and authority of 7
254+the executive director in the absence of the executive director.] 8
270255
271- (II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY
272-FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE.
256+ (D) (1) (I) THE SECRETARY MAY EMPLOY A STAFF FOR THE BOARD IN 9
257+ACCORDANCE WITH THE STATE BUDGET . 10
273258
274- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
275-as follows:
259+ (II) THE SECRETARY MAY DESIGNA TE ONE OF THE STAFF WHO 11
260+IS A REGISTERED NURS E AS AN EXECUTIVE DIRE CTOR. 12
276261
277-Article – Health Occupations
262+ (2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 13
263+OF THE BOARD IN A POSITION THAT: 14
278264
279-8–204.
265+ (I) IS UNIQUE TO THE BOARD; 15
280266
281- (d) The Board may:
267+ (II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
268+THE DUTIES OF THE PO SITION; AND 17
282269
283- (3) Employ:
284- WES MOORE, Governor Ch. 223
270+ (III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
271+FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 19
272+OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 20
285273
286-– 7 –
287- (i) An executive director [who shall be a registered nurse with a
288-minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board,
289-in professional education and administrative experience]; and
274+ (3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
275+CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
276+WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 23
277+SUBSECTION. 24
290278
291- (ii) A deputy director who shall assume the duties and authority of
292-the executive director in the absence of the executive director.
279+8–206. 25
293280
294- SECTION 4. 3. AND BE IT FURTHER ENACTED, That:
281+ (a) There is a Board of Nursing Fund. 26
295282
296- (a) In this section, “Board” means the State Board of Nursing.
283+ (e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the 27
284+actual documented direct and indirect costs of fulfilling the statutory and regulatory duties 28
285+of the Board as provided by the provisions of this title. 29
286+ SENATE BILL 960 7
297287
298- (b) Subject to subsection (c) of this section, the Board shall hire an external
299-consultant approved by the Secretary of Health to conduct an independent evaluation of
300-the Board to develop an action plan to implement the recommendations identified in the
301-report the Board submitted as required by the Fiscal 2022 Joint Chairmen’s Report.
302288
303- (c) The action plan required under subsection (b) of this section shall be developed
304-in partnership with the Department of Budget and Management, the Maryland
305-Department of Health, and the Department of Information Technology, and shall include:
289+ (II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY 1
290+FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 2
306291
307- (1) a gap analysis to address the Board’s immediate infrastructure needs
308-and to identify resources needed for the Board’s long–term sustainability and a plan to fill
309-all Board staff vacancies and process personnel actions;
292+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
293+as follows: 4
310294
311- (2) the identification of new workflows to reduce the time to fill Board staff
312-vacancies;
295+Article – Health Occupations 5
313296
314- (3) an evaluation of the qualifications necessary to serve as Executive
315-Director of the Board, including a recommendation on whether to repeal the requirement
316-that the Executive Director be a registered nurse;
297+8–204. 6
317298
318- (3) (4) a plan to hire additional nurse and nonnurse investigators to ensure
319-timely processing of complaints submitted to the Board;
299+ (d) The Board may: 7
320300
321- (4) (5) an update of the organizational structure of the Board to make
322-leadership more effective and the provision of the new organizational chart to Board staff
323-and members and the Maryland Department of Health;
301+ (3) Employ: 8
324302
325- (5) (6) a plan to create and staff a new Office of Compliance to implement
326-relevant recommendations to ensure ongoing adherence to State and national standards;
303+ (i) An executive director [who shall be a registered nurse with a 9
304+minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 10
305+in professional education and administrative experience]; and 11
327306
328- (6) (7) a plan to create and staff a Communications Department within the
329-Operations Division to relieve operational staff of duties related to constituent
330-communication and provide responsive service, improve public perception of the Board, and
331-upgrade social media interaction;
332- Ch. 223 2023 LAWS OF MARYLAND
307+ (ii) A deputy director who shall assume the duties and authority of 12
308+the executive director in the absence of the executive director. 13
333309
334-– 8 –
335- (7) (8) strategic goals established in collaboration with the Board President
336-and Executive Director; and
310+ SECTION 4. 3. AND BE IT FURTHER ENACTED, That: 14
337311
338- (8) (9) a review of the Board’s fee structure and rates and a comparison of the
339-fees and rates with neighboring states.
312+ (a) In this section, “Board” means the State Board of Nursing. 15
340313
341- (d) Notwithstanding any other provision of law, the Board may use funds from
342-the Board of Nursing Fund to cover the cost of the independent evaluation required under
343-subsection (b) of this section.
314+ (b) Subject to subsection (c) of this section, the Board shall hire an external 16
315+consultant approved by the Secretary of Health to conduct an independent evaluation of 17
316+the Board to develop an action plan to implement the recommendations identified in the 18
317+report the Board submitted as required by the Fiscal 2022 Joint Chairmen’s Report. 19
344318
345- (e) (1) On or before September 1, 2023, the external consultant hired under
346-this section shall report its findings and the action plan developed under this section to the
347-Senate Finance Committee and the House Health and Government Operations Committee
348-in accordance with § 2–1257 of the State Government Article.
319+ (c) The action plan required under subsection (b) of this section shall be developed 20
320+in partnership with the Department of Budget and Management, the Maryland 21
321+Department of Health, and the Department of Information Technology, and shall include: 22
349322
350- (2) The report submitted under paragraph (1) of this subsection may serve
351-as the basis for additional recommendations made by the Office of Program Evaluation and
352-Government Accountability as part of the performance evaluation of the Board directed by
353-the Executive Director of the Department of Legislative Services on January 3, 2023.
323+ (1) a gap analysis to address the Board’s immediate infrastructure needs 23
324+and to identify resources needed for the Board’s long–term sustainability and a plan to fill 24
325+all Board staff vacancies and process personnel actions; 25
354326
355- (f) On or before December 1, 2023, the Board shall report to the Governor and, in
356-accordance with § 2–1257 of the State Government Article, the Senate Finance Committee
357-and the House Health and Government Operations Committee on average processing times
358-for fiscal year 2023 for:
327+ (2) the identification of new workflows to reduce the time to fill Board staff 26
328+vacancies; 27
359329
360- (1) issuing initial licenses, certifications, and renewals, as measured from
361-the date the applicant passed the NCLEX, if applicable, or from the date the initial
362-application was submitted, as opposed to the date the completed application was submitted;
330+ (3) an evaluation of the qualifications necessary to serve as Executive 28
331+Director of the Board, including a recommendation on whether to repeal the requirement 29
332+that the Executive Director be a registered nurse; 30
363333
364- (2) the issuance of authorization to test; and
334+ (3) (4) a plan to hire additional nurse and nonnurse investigators to ensure 31
335+timely processing of complaints submitted to the Board; 32 8 SENATE BILL 960
365336
366- (3) the approval of proposed nursing curriculum revisions, new nursing
367-education programs, new certified nursing assistant education programs, new faculty, and
368-new clinical sites.
369337
370- SECTION 5. 4. AND BE IT FURTHER ENACTED, That:
371338
372- (a) The terms of the members of the State Board of Nursing who are in office on
373-the effective date of this Act shall end as follows:
339+ (4) (5) an update of the organizational structure of the Board to make 1
340+leadership more effective and the provision of the new organizational chart to Board staff 2
341+and members and the Maryland Department of Health; 3
374342
375- (1) the terms of five seven members shall end on July May 1, 2023; and
343+ (5) (6) a plan to create and staff a new Office of Compliance to implement 4
344+relevant recommendations to ensure ongoing adherence to State and national standards; 5
376345
377- (2) the terms of five seven members shall end on October November 1,
378-2023; and.
346+ (6) (7) a plan to create and staff a Communications Department within the 6
347+Operations Division to relieve operational staff of duties related to constituent 7
348+communication and provide responsive service, improve public perception of the Board, and 8
349+upgrade social media interaction; 9
379350
380- (3) the terms of four members shall end on January 1, 2024. WES MOORE, Governor Ch. 223
351+ (7) (8) strategic goals established in collaboration with the Board President 10
352+and Executive Director; and 11
381353
382-– 9 –
354+ (8) (9) a review of the Board’s fee structure and rates and a comparison of the 12
355+fees and rates with neighboring states. 13
383356
384- (b) (1) Subject to the provisions of § 8–202 of the Health Occupations Article,
385-a member of the Board whose term ends under subsection (a) of this section may apply for
386-reappointment.
357+ (d) Notwithstanding any other provision of law, the Board may use funds from 14
358+the Board of Nursing Fund to cover the cost of the independent evaluation required under 15
359+subsection (b) of this section. 16
387360
388- (2) The appointment of a member under § 8–202(b)(8) of the Health
389-Occupations Article who is appointed by the Governor is subject to the advice and consent
390-of the Senate during the legislative session immediately following the date of appointment.
361+ (e) (1) On or before September 1, 2023, the external consultant hired under 17
362+this section shall report its findings and the action plan developed under this section to the 18
363+Senate Finance Committee and the House Health and Government Operations Committee 19
364+in accordance with § 2–1257 of the State Government Article. 20
391365
392- (3) (i) Except as provided in subparagraph (ii) of this paragraph, a
393-member of the Board who was appointed to fill a vacancy created under subsection (a) of
394-this section shall serve for the remainder of the term.
366+ (2) The report submitted under paragraph (1) of this subsection may serve 21
367+as the basis for additional recommendations made by the Office of Program Evaluation and 22
368+Government Accountability as part of the performance evaluation of the Board directed by 23
369+the Executive Director of the Department of Legislative Services on January 3, 2023. 24
395370
396- (ii) If a member who applies for reappointment under paragraph (1)
397-of this subsection is reappointed, the member shall be considered appointed on the date of
398-the member’s initial appointment and is subject to the requirements of § 8–202(i) of the
399-Health Occupations Article.
371+ (f) On or before December 1, 2023, the Board shall report to the Governor and, in 25
372+accordance with § 2–1257 of the State Government Article, the Senate Finance Committee 26
373+and the House Health and Government Operations Committee on average processing times 27
374+for fiscal year 2023 for: 28
400375
401- SECTION 6. AND BE IT FURTHER ENAC TED, That Section 3 of this Act shall take
402-effect July 1, 2025.
376+ (1) issuing initial licenses, certifications, and renewals, as measured from 29
377+the date the applicant passed the NCLEX, if applicable, or from the date the initial 30
378+application was submitted, as opposed to the date the completed application was submitted; 31
403379
404- SECTION 7. 5. AND BE IT FURTHER ENACTED, That , except as provided in
405-Section 6 of this Act, this Act is an emergency measure, is necessary for the immediate
406-preservation of the public health or safety, has been passed by a yea and nay vote supported
407-by three–fifths of all the members elected to each of the two Houses of the General
408-Assembly, and shall take effect from the date it is enacted. Section 2 of this Act shall remain
409-effective through June 30, 2025, and, at the end of June 30, 2025, Section 2 of this Act, with
410-no further action required by the General Assembly, shall be abrogated and of no further
411-force and effect.
380+ (2) the issuance of authorization to test; and 32
412381
413-Approved by the Governor, April 24, 2023.
382+ (3) the approval of proposed nursing curriculum revisions, new nursing 33
383+education programs, new certified nursing assistant education programs, new faculty, and 34
384+new clinical sites. 35 SENATE BILL 960 9
385+
386+
387+
388+ SECTION 5. 4. AND BE IT FURTHER ENACTED, That: 1
389+
390+ (a) The terms of the members of the State Board of Nursing who are in office on 2
391+the effective date of this Act shall end as follows: 3
392+
393+ (1) the terms of five seven members shall end on July May 1, 2023; and 4
394+
395+ (2) the terms of five seven members shall end on October November 1, 5
396+2023; and. 6
397+
398+ (3) the terms of four members shall end on January 1, 2024. 7
399+
400+ (b) (1) Subject to the provisions of § 8–202 of the Health Occupations Article, 8
401+a member of the Board whose term ends under subsection (a) of this section may apply for 9
402+reappointment. 10
403+
404+ (2) The appointment of a member under § 8 –202(b)(8) of the Health 11
405+Occupations Article who is appointed by the Governor is subject to the advice and consent 12
406+of the Senate during the legislative session immediately following the date of appointment. 13
407+
408+ (3) (i) Except as provided in subparagraph (ii) of this paragraph, a 14
409+member of the Board who was appointed to fill a vacancy created under subsection (a) of 15
410+this section shall serve for the remainder of the term. 16
411+
412+ (ii) If a member who applies for reappointment under paragraph (1) 17
413+of this subsection is reappointed, the member shall be considered appointed on the date of 18
414+the member’s initial appointment and is subject to the requirements of § 8–202(i) of the 19
415+Health Occupations Article. 20
416+
417+ SECTION 6. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 21
418+effect July 1, 2025. 22
419+
420+ SECTION 7. 5. AND BE IT FURTHER ENACTED, That , except as provided in 23
421+Section 6 of this Act, this Act is an emergency measure, is necessary for the immediate 24
422+preservation of the public health or safety, has been passed by a yea and nay vote supported 25
423+by three–fifths of all the members elected to each of the two Houses of the General 26
424+Assembly, and shall take effect from the date it is enacted. Section 2 of this Act shall remain 27
425+effective through June 30, 2025, and, at the end of June 30, 2025, Section 2 of this Act, with 28
426+no further action required by the General Assembly, shall be abrogated and of no further 29
427+force and effect. 30
428+