EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1439*
HOUSE BILL 1439
J3, R2, R3 4lr2592
By: Delegates Shetty, Barnes, Hinebaugh, and D. Jones
Introduced and read first time: February 9, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Funding for Trauma Centers and Services 2
FOR the purpose of altering the purpose, contents, and sources of the funding of the 3
Maryland Trauma Physician Services Fund; altering the entities to which money 4
from the Maryland Trauma Physician Services Fund is transferred; altering the 5
methodology used to determine eligibility for disbursements from the Maryland 6
Trauma Physician Services Fund; altering the amount of the motor vehicle 7
registration surcharge and the amount of the surcharge that is required to be paid 8
into the Maryland Trauma Physician Services Fund; increasing the fines for certain 9
violations of the Maryland Vehicle Law related to driving while impaired; altering 10
the authorized uses of the Maryland Emergency Medical System Operations Fund; 11
and generally relating to the funding for trauma centers and services. 12
BY repealing and reenacting, without amendments, 13
Article – Health – General 14
Section 19–101 15
Annotated Code of Maryland 16
(2023 Replacement Volume) 17
BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 19–130 20
Annotated Code of Maryland 21
(2023 Replacement Volume) 22
BY repealing and reenacting, with amendments, 23
Article – State Finance and Procurement 24
Section 7–118(a) 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2023 Supplement) 27
2 HOUSE BILL 1439
BY repealing and reenacting, with amendments, 1
Article – Transportation 2
Section 13–954(b), 13–955, and 21–902(a) through (d) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
19–101. 9
In this subtitle, “Commission” means the Maryland Health Care Commission. 10
19–130. 11
(a) (1) In this section the following words have the meanings indicated. 12
(2) “Fund” means the Maryland Trauma Physician Services Fund. 13
(3) “Maryland Trauma Specialty Referral Centers” means: 14
(i) The Johns Hopkins Health System Burn Program; 15
(ii) The Eye Trauma Center at the Wilmer Eye Institute at The 16
Johns Hopkins Hospital; and 17
(iii) The Curtis National Hand Center at Union Memorial Hospital. 18
(4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE 19
LIMITATION ON T HE COST ESTABLISHED BY THE CENTERS FOR MEDICARE AND 20
MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 21
SERVICES. 22
[(4)] (5) “Rehabilitation hospital” means a facility classified as a special 23
rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 24
center by common ownership. 25
[(5)] (6) (i) “Trauma center” means a facility designated by the 26
Maryland Institute for Emergency Medical Services Systems as: 27
1. The State primary adult resource center; 28
2. A Level I trauma center; 29
HOUSE BILL 1439 3
3. A Level II trauma center; 1
4. A Level III trauma center; 2
5. A pediatric trauma center; or 3
6. The Maryland Trauma Specialty Referral Centers. 4
(ii) “Trauma center” includes an out–of–state pediatric trauma 5
center that has entered into an agreement with the Maryland Institute for Emergency 6
Medical Services Systems. 7
(7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE 8
PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO 9
PROVIDES CARE IN A TRAUMA CENTER OR IN A REHABILITATION HOS PITAL TO 10
TRAUMA PATIENTS ON T HE STATE TRAUMA REGISTRY AS DEFINED BY THE 11
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 12
[(6)] (8) “Trauma physician” means a physician who provides care in a 13
trauma center or in a rehabilitation hospital to trauma patients on the State trauma 14
registry as defined by the Maryland Institute for Emergency Medical Services Systems. 15
[(7)] (9) “Uncompensated care” means care provided by a trauma 16
physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State 17
trauma registry who: 18
(i) Has no health insurance, including Medicare Part B coverage; 19
(ii) Is not eligible for medical assistance coverage; and 20
(iii) Has not paid the trauma physician OR TRAUMA HEALTH CARE 21
PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E 22
PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA 23
HEALTH CARE PRACTITI ONER to collect payment. 24
(b) (1) There is a Maryland Trauma Physician Services Fund. 25
(2) The purpose of the Fund is to subsidize the documented costs: 26
(i) Of uncompensated care incurred by a trauma physician OR A 27
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on 28
the State trauma registry; 29
(ii) Of undercompensated care incurred by a trauma physician OR A 30
TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the 31 4 HOUSE BILL 1439
Maryland Medical Assistance Program who is a trauma patient on the State trauma 1
registry; 2
(iii) Incurred by a trauma center to maintain trauma physicians 3
on–call as required by the Maryland Institute for Emergency Medical Services Systems; 4
(iv) Incurred by the State primary adult resource center to maintain 5
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and 6
on standby as required by the Maryland Institute for Emergency Medical Services Systems; 7
and 8
(v) Incurred by the Commission and the Health Services Cost 9
Review Commission to administer the Fund and audit reimbursement requests to assure 10
appropriate payments are made from the Fund. 11
(3) The Commission and the Health Services Cost Review Commission 12
shall administer the Fund. 13
(4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 14
the State Finance and Procurement Article. 15
(5) Interest on and other income from the Fund shall be separately 16
accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State 17
Finance and Procurement Article. 18
(c) The Fund consists of [motor]: 19
(1) MOTOR vehicle registration surcharges paid into the Fund in 20
accordance with § 13–954(b)(2) of the Transportation Article; 21
(2) AT LEAST 10% OF THE FINES COLLECT ED UNDER § 21–902(A)(1), 22
(B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND 23
(3) ANY OTHER MONEY TRANSFER RED FROM THE GENERAL FUND OF 24
THE STATE. 25
(d) (1) Disbursements from the Fund shall be made in accordance with a 26
methodology established jointly by the Commission and the Health Services Cost Review 27
Commission to calculate costs incurred by trauma physicians and trauma centers that are 28
eligible to receive reimbursement under subsection (b) of this section. 29
(2) The Fund shall transfer to [the]: 30
(I) THE Maryland Department of Health an amount sufficient to 31
fully cover the State’s share of expenditures for the costs of undercompensated care 32 HOUSE BILL 1439 5
incurred by a trauma physician in providing trauma care to an enrollee of the Maryland 1
Medical Assistance Program who is a trauma patient on the State trauma registry; AND 2
(II) THE STATE PRIMARY ADULT R ESOURCE CENTER AT LE AST 3
$10,000,000 FROM THE REMAINING B ALANCE IN THE FUND EACH FISCAL YEAR . 4
(3) The methodology developed under paragraph (1) of this subsection 5
shall: 6
(i) Take into account: 7
1. The amount of uncompensated care provided by trauma 8
physicians; 9
2. The amount of undercompensated care attributable to the 10
treatment of Medicaid enrollees in trauma centers; 11
3. The cost of maintaining trauma physicians on–call; 12
4. The number of patients served by trauma physicians in 13
trauma centers; 14
5. The number of Maryland residents served by trauma 15
physicians in trauma centers; and 16
6. The extent to which trauma–related costs are otherwise 17
subsidized by hospitals, the federal government, and other sources; and 18
(ii) Include an incentive to encourage hospitals to continue to 19
subsidize trauma–related costs not otherwise included in hospital rates. 20
(4) The methodology developed under paragraph (1) of this subsection shall 21
use the following parameters to determine the amount of reimbursement made to trauma 22
physicians and trauma centers from the Fund: 23
(i) 1. The cost incurred by a Level II trauma center to maintain 24
trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 25
A. At a rate of up to [30%] 35% of the reasonable [cost 26
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 27
current year by the physician compensation component of the Medicare economic index as 28
designated by the Centers for Medicare and Medicaid Services; and 29
B. For the minimum number of trauma physicians required 30
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 31
Systems in its criteria for Level II trauma centers; 32 6 HOUSE BILL 1439
2. The cost incurred by a Level III trauma center to maintain 1
trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 2
be reimbursed: 3
A. At a rate of up to [35%] 40% of the reasonable [cost 4
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 5
current year by the physician compensation component of the Medicare economic index as 6
designated by the Centers for Medicare and Medicaid Services; and 7
B. For the minimum number of trauma physicians required 8
to be on–call, as specified by the Maryland Institute for Emergency Medical Services 9
Systems in its criteria for Level III trauma centers; 10
3. The cost incurred by a Level I trauma center or pediatric 11
trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 12
on–call when a post–graduate resident is attending in the trauma center shall be 13
reimbursed: 14
A. At a rate of up to [30%] 35% of the reasonable [cost 15
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 16
current year by the physician compensation component of the Medicare economic index as 17
designated by the Centers for Medicare and Medicaid Services; and 18
B. When a post –graduate resident is [permitted] 19
AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 20
Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 21
trauma centers; 22
4. The cost incurred by a Maryland Trauma Specialty 23
Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 24
post–graduate resident is attending in the Center shall be reimbursed: 25
A. At a rate of up to [30%] 35% of the reasonable [cost 26
equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 27
current year by the physician compensation component of the Medicare economic index as 28
designated by the Centers for Medicare and Medicaid Services; and 29
B. When a post –graduate resident is [permitted] 30
AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency 31
Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 32
and 33
5. A. A Level II trauma center is eligible for a maximum 34
of [24,500] 26,280 hours of trauma on–call per year; 35
HOUSE BILL 1439 7
B. A Level III trauma center is eligible for a maximum of 1
35,040 hours of trauma on–call per year; 2
C. A Level I trauma center shall be eligible for a maximum of 3
4,380 hours of trauma on–call per year; 4
D. A pediatric trauma center shall be eligible for a maximum 5
of 4,380 hours of trauma on–call per year; and 6
E. A Maryland Trauma Specialty Referral Center shall be 7
eligible for a maximum of 2,190 hours of trauma on–call per year; 8
(ii) The cost of undercompensated care incurred by a trauma 9
physician in providing trauma care to enrollees of the Maryland Medical Assistance 10
Program who are trauma patients on the State trauma registry shall be reimbursed at a 11
rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 12
Maryland Medical Assistance Program; 13
(iii) The cost of uncompensated care incurred by a trauma physician 14
in providing trauma care to trauma patients on the State trauma registry shall be 15
reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 16
made by the trauma physician for the care; 17
(iv) The Commission, in consultation with the Health Services Cost 18
Review Commission, may establish a payment rate for uncompensated care incurred by a 19
trauma physician in providing trauma care to trauma patients on the State trauma registry 20
that is above 100% of the Medicare payment for the service if: 21
1. The Commission determines that increasing the payment 22
rate above 100% of the Medicare payment for the service will address an unmet need in the 23
State trauma system; and 24
2. The Commission reports on its intention to increase the 25
payment rate to the Senate Finance Committee and the House Health and Government 26
Operations Committee, in accordance with § 2–1257 of the State Government Article, at 27
least 60 days before any adjustment to the rate; 28
(v) The Commission shall develop guidelines for the reimbursement 29
of the documented costs of the State primary adult resource center under subsection 30
(b)(2)(iv) of this section; [and] 31
(VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 32
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 33
REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 34
8 HOUSE BILL 1439
1. THE COMMISSION DETERM INES THAT THE CURRENT 1
PERCENTAGE OF REASON ABLE COMPENSATION EQ UIVALENT INFLATED TO THE 2
CURRENT YEAR BY THE PHYSICIAN COMPENSATI ON COMPONENT OF THE MEDICARE 3
FEE SCHEDULE COVERS LESS THAN 50% OF ALLOWABLE ON –CALL COSTS; AND 4
2. THE COMMISSION REPORTS ON ITS INTENTION TO 5
CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE 6
PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 7
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 8
2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 9
ADJUSTMENT TO THE AL LOWABLE HOURS ; 10
(VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 11
SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBER OF ALLOWABLE 12
HOURS OF TRAUMA ON –CALL EACH YEAR IF THE COMMISSION REPORTS ON ITS 13
INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE 14
FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 15
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 16
ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE AL LOWABLE HOURS ; 17
(VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID 18
FOR ON–CALL OUT OF THE MAXIMUM NUMBER O F HOURS ALLOWED FOR ON–CALL 19
CARE NOT MORE THAN ONCE EACH YEAR; AND 20
[(vi)] (IX) The total reimbursement to emergency physicians from 21
the Fund may not exceed $300,000 annually. 22
(5) In order to receive reimbursement, a trauma physician OR A TRAUMA 23
HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 24
subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 25
subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 26
approved by the Commission and the Health Services Cost Review Commission. 27
(6) (i) The Commission and the Health Services Cost Review 28
Commission shall adopt regulations that specify the information that trauma physicians, 29
TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 30
money from the Fund. 31
(ii) The information required shall include: 32
1. The name and federal tax identification number of the 33
trauma physician rendering the service; 34
2. The date of the service; 35
HOUSE BILL 1439 9
3. Appropriate codes describing the service; 1
4. Any amount recovered for the service rendered; 2
5. The name of the trauma patient; 3
6. The patient’s trauma registry number; and 4
7. Any other information the Commission and the Health 5
Services Cost Review Commission consider necessary to disburse money from the Fund. 6
(iii) It is the intent of the General Assembly that trauma physicians 7
and trauma centers shall cooperate with the Commission and the Health Services Cost 8
Review Commission by providing information required under this paragraph in a timely 9
and complete manner. 10
(e) (1) Except as provided in paragraph (2) of this subsection and 11
notwithstanding any other provision of law, expenditures from the Fund for costs incurred 12
in any fiscal year may not exceed revenues of the Fund. 13
(2) (i) The Commission, in consultation with the Health Services Cost 14
Review Commission and the Maryland Institute for Emergency Medical Services Systems, 15
shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 16
centers [in the State to be used for equipment primarily used] in the delivery of trauma 17
care. 18
(ii) 1. The Commission shall issue grants under this paragraph 19
from any balance carried over to the Fund from prior fiscal years. 20
2. The total amount of grants awarded under this paragraph 21
in a fiscal year may not exceed 10% of the balance remaining in the Fund at the end of the 22
fiscal year immediately prior to the fiscal year in which grants are awarded. 23
(iii) The process developed by the Commission for the award of grants 24
under this paragraph shall include: 25
1. Grant applications and review and selection criteria for 26
the award of grants; 27
2. Review by the Commission, if necessary, for any project 28
that exceeds certificate of need thresholds; and 29
3. Any other procedure determined necessary by the 30
Commission. 31
(iv) Before awarding grants under this subsection in a fiscal year, the 32
Commission shall report to the Senate Finance Committee and the House Health and 33 10 HOUSE BILL 1439
Government Operations Committee, in accordance with § 2–1257 of the State Government 1
Article, on the process that the Commission has developed for awarding grants in that fiscal 2
year. 3
(f) On or before November 1 of each year, the Commission and the Health 4
Services Cost Review Commission shall report to the General Assembly, in accordance with 5
§ 2–1257 of the State Government Article, on: 6
(1) The amount of money in the Fund on the last day of the previous fiscal 7
year; 8
(2) The amount of money applied for by trauma physicians, TRAUMA 9
HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 10
(3) The amount of money distributed in the form of trauma physician, 11
TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 12
previous fiscal year; 13
(4) Any recommendations for altering the manner in which trauma 14
physicians, TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers are 15
reimbursed from the Fund; 16
(5) The costs incurred in administering the Fund during the previous fiscal 17
year; [and] 18
(6) The amount that each hospital that participates in the Maryland 19
trauma system and that has a trauma center contributes toward the subsidization of 20
trauma–related costs for its trauma center; AND 21
(7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 22
COMMISSION ALLOWED : 23
(I) IN HOSPITAL RATES FOR T RAUMA STANDBY ; 24
(II) IN ALLOWABLE TRAUMA CENTE R COSTS FOR REIMBURS ING 25
THE TRAUMA DIRECTOR AND TRAUMA STAFF; 26
(III) FOR MAINTAINING MARYLAND INSTITUTE FOR 27
EMERGENCY MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 28
(IV) FOR MAINTAINING SPECIALI ZED TRAUMA STAFF ; 29
(V) FOR PROCURING SPECIALIZED TRAUMA E QUIPMENT; AND 30
(VI) FOR PROVIDING TRAUMA EDU CATION AND TRAINING . 31 HOUSE BILL 1439 11
Article – State Finance and Procurement 1
7–118. 2
(a) In its annual submission of the proposed budget, the Department of Budget 3
and Management shall provide, for informational purposes, a budget presentation that 4
includes a description of the proposed expenditures under the Maryland Emergency 5
Medical System Operations Fund for the: 6
(1) Maryland Institute for Emergency Medical Services Systems; 7
(2) R Adams Cowley Shock Trauma Center; 8
(3) Maryland Fire and Rescue Institute; AND 9
(4) [Aviation Division of the Special Operations Bureau, Department of 10
State Police; and 11
(5)] grants under the Senator William H. Amoss Fire, Rescue, and 12
Ambulance Fund. 13
Article – Transportation 14
13–954. 15
(b) (1) In addition to the registration fee otherwise required by this title, the 16
owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 17
$24.50 per year for each motor vehicle registered. 18
(2) [$2.50] $10 of the surcharge collected under paragraph (1) of this 19
subsection shall be paid into the Maryland Trauma Physician Services Fund established 20
under § 19–130 of the Health – General Article. 21
13–955. 22
(a) In this section, “Fund” means the Maryland Emergency Medical System 23
Operations Fund. 24
(b) (1) There is a Maryland Emergency Medical System Operations Fund. 25
(2) The Comptroller shall administer the Fund, including accounting for 26
all transactions and performing year–end reconciliation. 27
(3) The Fund is a continuing, nonlapsing fund which is not subject to § 28
7–302 of the State Finance and Procurement Article. 29 12 HOUSE BILL 1439
(4) Interest and earnings on the Fund shall be separately accounted for and 1
credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 2
Procurement Article. 3
(c) The Fund consists of: 4
(1) Registration surcharges collected under § 13–954 of this subtitle; 5
(2) All funds, including charges for accident scene transports and 6
interhospital transfers of patients, generated by an entity specified in subsection (e) of this 7
section that is a unit of State government; and 8
(3) Revenues distributed to the Fund from the surcharges collected under 9
§ 7–301(f) of the Courts Article. 10
(d) Expenditures from the Fund shall be made pursuant to an appropriation 11
approved by the General Assembly in the annual State budget or by the budget amendment 12
procedure provided under § 7–209 of the State Finance and Procurement Article, provided 13
that any budget amendment shall be submitted to and approved by the Legislative Policy 14
Committee prior to the expenditure or obligation of funds. 15
(e) The money in the Fund shall be used solely for: 16
(1) [Medically oriented functions of the Department of State Police, Special 17
Operations Bureau, Aviation Division; 18
(2)] The Maryland Institute for Emergency Medical Services Systems; 19
[(3)] (2) The R Adams Cowley Shock Trauma Center at the University of 20
Maryland Medical System; 21
[(4)] (3) The Maryland Fire and Rescue Institute; 22
[(5)] (4) The provision of grants under the Senator William H. Amoss 23
Fire, Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 24
of the Public Safety Article; and 25
[(6)] (5) The Volunteer Company Assistance Fund in accordance with the 26
provisions of Title 8, Subtitle 2 of the Public Safety Article. 27
21–902. 28
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 29
under the influence of alcohol. 30
HOUSE BILL 1439 13
(ii) A person may not drive or attempt to drive any vehicle while the 1
person is under the influence of alcohol per se. 2
(iii) A person convicted of a violation of this paragraph is subject to: 3
1. For a first offense, imprisonment not exceeding 1 year or 4
a fine not exceeding [$1,000] $1,100 or both; and 5
2. For a second offense, imprisonment not exceeding 2 years 6
or a fine not exceeding [$2,000] $2,200 or both. 7
(iv) For the purpose of determining subsequent offender penalties for 8
a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 9
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 10
violation of this paragraph, shall be considered a prior conviction. 11
(2) (i) A person may not violate paragraph (1) of this subsection while 12
transporting a minor. 13
(ii) A person convicted of a violation of this paragraph is subject to: 14
1. For a first offense, imprisonment not exceeding 2 years or 15
a fine not exceeding $2,000 or both; and 16
2. For a second offense, imprisonment not exceeding 3 years 17
or a fine not exceeding $3,000 or both. 18
(iii) For the purpose of determining subsequent offender penalties for 19
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 20
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 21
(b) (1) (i) A person may not drive or attempt to drive any vehicle while 22
impaired by alcohol. 23
(ii) A person convicted of a violation of this paragraph is subject to: 24
1. For a first offense, imprisonment not exceeding 2 months 25
or a fine not exceeding $500 or both; and 26
2. For a second offense, imprisonment not exceeding 1 year 27
or a fine not exceeding $500 or both. 28
(iii) For the purpose of determining subsequent offender penalties for 29
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 30
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 31
conviction. 32
14 HOUSE BILL 1439
(2) (i) A person may not violate paragraph (1) of this subsection while 1
transporting a minor. 2
(ii) A person convicted of a violation of this paragraph is subject to: 3
1. For a first offense, imprisonment not exceeding 1 year or 4
a fine not exceeding [$1,000] $1,100 or both; and 5
2. For a second offense, imprisonment not exceeding 2 years 6
or a fine not exceeding [$2,000] $2,200 or both. 7
(iii) For the purpose of determining subsequent offender penalties for 8
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 9
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 10
(c) (1) (i) A person may not drive or attempt to drive any vehicle while so 11
far impaired by any drug, any combination of drugs, or a combination of one or more drugs 12
and alcohol that the person cannot drive a vehicle safely. 13
(ii) A person convicted of a violation of this paragraph is subject to: 14
1. For a first offense, imprisonment not exceeding 2 months 15
or a fine not exceeding $500 or both; and 16
2. For a second offense, imprisonment not exceeding 1 year 17
or a fine not exceeding $500 or both. 18
(iii) For the purpose of determining subsequent offender penalties for 19
a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 20
or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 21
conviction. 22
(iv) It is not a defense to any charge of violating this subsection that 23
the person charged is or was entitled under the laws of this State to use the drug, 24
combination of drugs, or combination of one or more drugs and alcohol, unless the person 25
was unaware that the drug or combination would make the person incapable of safely 26
driving a vehicle. 27
(2) (i) A person may not violate paragraph (1) of this subsection while 28
transporting a minor. 29
(ii) A person convicted of a violation of this paragraph is subject to: 30
1. For a first offense, imprisonment not exceeding 1 year or 31
a fine not exceeding [$1,000] $1,100 or both; and 32
HOUSE BILL 1439 15
2. For a second offense, imprisonment not exceeding 2 years 1
or a fine not exceeding [$2,000] $2,200 or both. 2
(iii) For the purpose of determining subsequent offender penalties for 3
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 4
(b)(2), or (d)(2) of this section shall be considered a prior conviction. 5
(d) (1) (i) A person may not drive or attempt to drive any vehicle while the 6
person is impaired by any controlled dangerous substance, as that term is defined in § 7
5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 8
dangerous substance under the laws of this State. 9
(ii) A person convicted of a violation of this paragraph is subject to: 10
1. For a first offense, imprisonment not exceeding 1 year or 11
a fine not exceeding [$1,000] $1,100 or both; and 12
2. For a second offense, imprisonment not exceeding 2 years 13
or a fine not exceeding [$2,000] $2,200 or both. 14
(iii) For the purpose of determining subsequent offender penalties for 15
a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 16
or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 17
violation of this paragraph, shall be considered a prior conviction. 18
(2) (i) A person may not violate paragraph (1) of this subsection while 19
transporting a minor. 20
(ii) A person convicted of a violation of this paragraph is subject to: 21
1. For a first offense, imprisonment not exceeding 2 years or 22
a fine not exceeding $2,000 or both; and 23
2. For a second offense, imprisonment not exceeding 3 years 24
or a fine not exceeding $3,000 or both. 25
(iii) For the purpose of determining subsequent offender penalties for 26
a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 27
(b)(2), or (c)(2) of this section shall be considered a prior conviction. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2024. 30