EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0232*
HOUSE BILL 232
J2 4lr0170
(PRE–FILED) CF SB 218
By: Chair, Health and Government Operations Committee (By Request –
Departmental – Health)
Requested: September 13, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 6, 2024
CHAPTER ______
AN ACT concerning 1
Physicians and Allied Health Professions – Reorganization and Revisions 2
FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
and reorganizing certain provisions of law governing the State Board of Physicians 4
and the regulation of physicians, physician assistants, and allied health professions; 5
prohibiting the Board from releasing a list of applicants for licensure; altering 6
physician, physician assistant, and allied health professional licensure exceptions 7
for individuals in the service of the federal government; altering the grounds for 8
discipline for physicians, physician assistants, and allied health professionals; 9
repealing the requirement that the Board provide a certain data sheet; establishing 10
the quorums for the allied health committees; and generally relating to the State 11
Board of Physicians and the regulation of physicians, physician assistants, and allied 12
health professionals. 13
BY repealing 14
Article – Health Occupations 15
Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 16
14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 17
14–5A–17.1, 14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 18
14–5B–10, 14–5B–12, 14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 19
14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 20
14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 21
14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 22 2 HOUSE BILL 232
14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 1
14–5E–18.1, 14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 2
14–5F–17, 14–5F–23, 14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 3
14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 4
15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 5
15–315, 15–316, and 15–316.1 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
BY renumbering 9
Article – Health Occupations 10
Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 11
14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 12
14–318 through 14–320, 14–320.1, 14–322, 14–404, 14–413 through 14–415, 13
14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14
14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15
15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 16
15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 17
15–502 18
to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 19
14–303, 14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 20
14–509 through 14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 21
14–414, 14–514, 14–527, 14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 22
14–529, 14–413, 14–522, 14–525, 14–5H–01 through 14–5H–03, 14–5H–04, 23
14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 24
14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 25
14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 26
respectively 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2023 Supplement) 29
BY repealing and reenacting, without amendments, 30
Article – Alcoholic Beverages and Cannabis 31
Section 36–101(a) 32
Annotated Code of Maryland 33
(2016 Volume and 2023 Supplement) 34
BY repealing and reenacting, with amendments, 35
Article – Alcoholic Beverages and Cannabis 36
Section 36–101(m)(1)(v)1. 37
Annotated Code of Maryland 38
(2016 Volume and 2023 Supplement) 39
BY repealing and reenacting, with amendments, 40
Article – Correctional Services 41
Section 9–603(d)(2) 42
Annotated Code of Maryland 43 HOUSE BILL 232 3
(2017 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Courts and Judicial Proceedings 3
Section 5–106(r), 5–715(d), and 10–205(b) 4
Annotated Code of Maryland 5
(2020 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – Health – General 8
Section 4–201(a) and 5–601(a) 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 4–201(s), 5–601(v), and 18–214.1(b)(3) 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – Health Occupations 18
Section 1–302(g)(4)(i), 1–306(e)(2)(i), 8–205(a)(3), 11–404.2(h)(2), 12–102(c)(2)(iii)2. 19
and (iv)1., 14–101(a–1), (g), (i), and (o), 14–205, 14–207(b) through (d) and (f), 20
14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5)(i) and (e) through (k), 21
14–402(a) and (c) through (f), 14–403(a), 14–405(a) and (g), 14–406, 14–409(a) 22
and (c), 14–411(d), (g), (h), (j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 23
14–5A–01(c), 14–5A–05, 14–5A–08, 14–5A–09, 14–5A–17(a), 14–5A–20, 24
14–5A–21, 14–5A–22, 14–5A–22.1(a), 14–5B–07(a)(2), 14–5B–08, 14–5B–09, 25
14–5B–11, 14–5B–14(a), 14–5B–17, 14–5B–18(b), 14–5B–18.1(a) and (b), 26
14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 27
14–5C–20, 14–5C–22, 14–5C–22.1(a), 14–5D–07, 14–5D–08, 14–5D–10(a), 28
14–5D–11.1(a) and (b), 14–5D–14(a), 14–5D–17, 14–5E–01(g), 14–5E–08(a) 29
and (b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 30
14–5E–20, 14–5E–21(a) and (b), 14–5E–22, 14–5F–10, 14–5F–11, 14–5F–12, 31
14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 14–5F–24(c), 14–5F–29(a), 32
14–5G–08, 14–5G–09, 14–5G–14(h), 14–5G–17, 14–5G–18(a), 14–5G–23, 33
14–5G–24(a) and (b), 14–5G–25, and 14–5G–26(a) and (b) 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2023 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – Health Occupations 38
Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 39
Annotated Code of Maryland 40
(2021 Replacement Volume and 2023 Supplement) 41
4 HOUSE BILL 232
BY adding to 1
Article – Health Occupations 2
Section 14–101(a–2), (n), and (p–1), 14–208, 14–404, 14–417, 14–504, 14–515, 3
14–517, 14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), 4
and 14–5F–07(g) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Health Occupations 9
Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 10
14–413; 14–502, 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 11
14–511(b), 14–512(c), 14–516(a), 14–518(a)(1), 14–519(a)(1), 14–525(b) and (c), 12
14–528, and 14–529 to be under the amended subtitle “Subtitle 5. Physicians”; 13
and 14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), 14
(d), and (e)(1), 14–5H–06(a), 14–5H–07(c) and (f) through (h), 15
14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 14–5H–09(a) and (b), 16
14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 14–5H–16(a), 14–5H–20(a) 17
and (b), 14–5H–21, 14–5H–22, and 14–5H–23 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
(As enacted by Section 2 of this Act) 21
BY adding to 22
Article – Health Occupations 23
Section 14–514(c) and (d), 14–522(c), 14–525(b), and 14–526(d); and 14–5H–16(c) 24
through (e) to be under the new subtitle “Subtitle 5H. Physician Assistants” 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2023 Supplement) 27
(As enacted by Section 2 of this Act) 28
BY repealing 29
Article – Health Occupations 30
Section 14–5H–01(d) and (i–1) 31
Annotated Code of Maryland 32
(2021 Replacement Volume and 2023 Supplement) 33
(As enacted by Section 2 of this Act) 34
BY repealing and reenacting, without amendments, 35
Article – Transportation 36
Section 13–616(a)(1) 37
Annotated Code of Maryland 38
(2020 Replacement Volume and 2023 Supplement) 39
BY repealing and reenacting, with amendments, 40
Article – Transportation 41
Section 13–616(a)(7) 42 HOUSE BILL 232 5
Annotated Code of Maryland 1
(2020 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Tax – General 4
Section 10–752(a)(1) 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Tax – General 9
Section 10–752(a)(3) and (d)(7) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14
14–5A–04, 14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 15
14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 16
14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 17
14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 18
14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 19
14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 20
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 21
through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 22
14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 23
through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health Occupations of the 24
Annotated Code of Maryland be repealed. 25
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 26
14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 27
14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–320.1, 14–322, 28
14–404, 14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 29
14–508, 14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 30
15–201, 15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 31
15–309, 15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 32
of Article – Health Occupations of the Annotated Code of Maryland be renumbered to be 33
Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 34
14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14–509 through 35
14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14–414, 14–514, 14–527, 36
14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 14–529, 14–413, 14–522, 14–525, 37
14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 38
14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 39
14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 40
respectively. 41
6 HOUSE BILL 232
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Alcoholic Beverages and Cannabis 3
36–101. 4
(a) In this title the following words have the meanings indicated. 5
(m) “Certifying provider” means an individual who: 6
(1) (v) 1. has an active, unrestricted license to practice as a 7
physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 8
5H of the Health Occupations Article; 9
Article – Correctional Services 10
9–603. 11
(d) (2) If an assessment conducted under paragraph (1) of this subsection 12
indicates opioid use disorder, an evaluation of the incarcerated individual shall be 13
conducted by a health care practitioner with prescriptive authority authorized under Title 14
8[,] OR Title 14[, or Title 15] of the Health Occupations Article. 15
Article – Courts and Judicial Proceedings 16
5–106. 17
(r) A prosecution for an offense under [§ 14–601] § 14–528 of the Health 18
Occupations Article of practicing, attempting to practice, or offering to practice medicine 19
without a license shall be instituted within 3 years after the offense was committed. 20
5–715. 21
(d) Any person who acts in good faith is not civilly liable for giving any of the 22
information required under [§ 14–413 or § 14–414] § 14–518 OR § 14–519 of the Health 23
Occupations Article. 24
10–205. 25
(b) Records, reports, statements, notes, or information assembled or obtained by 26
the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 27
Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 28
Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 29
national organized medical society or research group that are declared confidential by § 30 HOUSE BILL 232 7
4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 1
Article, are not admissible in evidence in any proceeding. 2
Article – Health – General 3
4–201. 4
(a) In this subtitle the following words have the meanings indicated. 5
(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 6
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 7
supervision. 8
5–601. 9
(a) In this subtitle the following words have the meanings indicated. 10
(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 11
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 12
supervision. 13
18–214.1. 14
(b) Notwithstanding any other provision of law, the following health care 15
providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 16
partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 17
making a personal physical assessment of the patient’s partner: 18
(3) An authorized physician assistant licensed under Title [15] 14, 19
SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 20
14–5H–10 of the Health Occupations Article; and 21
Article – Health Occupations 22
1–302. 23
(g) Subsection (d)(12) of this section may not be construed to: 24
(4) Permit an arrangement that violates: 25
(i) [§ 14–404(a)(15)] § 14–516(A)(15) of this article; or 26
1–306. 27
(e) This section does not prohibit: 28
8 HOUSE BILL 232
(2) A health care practitioner who takes a Pap test specimen from a patient 1
and who orders but does not supervise or perform an anatomic pathology service on the 2
specimen, from billing a patient or payor for the service, provided the health care 3
practitioner complies with: 4
(i) The disclosure requirements of [§ 14–404(a)(16)] § 5
14–516(A)(16) of this article; and 6
8–205. 7
(a) In addition to the powers and duties set forth elsewhere in this title, the Board 8
has the following powers and duties: 9
(3) To adopt rules and regulations for the performance of delegated medical 10
functions that are recognized jointly by the State Board of Physicians and the State Board 11
of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 12
11–404.2. 13
(h) A therapeutically certified optometrist shall be: 14
(2) Required to comply with the notice requirement under [§ 14–508] § 15
14–521 of this article. 16
12–102. 17
(c) (2) This title does not prohibit: 18
(iii) A licensed physician from dispensing a topical medication 19
without obtaining the permit required under item (ii)1C of this paragraph or completing 20
the continuing education required under item (ii)4M of this paragraph when the physician: 21
of this article; 22
2. Has obtained a special written permit under [§ 14–509] § 23
14–523 of this article; 24
(iv) A licensed physician who complies with the requirements of item 25
(ii) of this paragraph from personally preparing and dispensing a prescription written by: 26
1. A physician assistant in accordance with a delegation 27
agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 28
14–101. 29
(a) In this title the following words have the meanings indicated. 30
HOUSE BILL 232 9
(a–1) “Allied health professional” means an individual licensed by the Board under 1
Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 2
(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 3
LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 4
(g) “License” means, unless the context requires otherwise, a license issued by the 5
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 6
BOARD. 7
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 8
issued], including an individual practicing medicine within or as a professional corporation 9
or professional association. 10
(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 11
UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 12
SUPERVISION. 13
(o) (1) “Practice medicine” means to engage, with or without compensation, in 14
medical: 15
(i) Diagnosis; 16
(ii) Healing; 17
(iii) Treatment; or 18
(iv) Surgery. 19
(2) “Practice medicine” includes doing, undertaking, professing to do, and 20
attempting any of the following: 21
(i) Diagnosing, healing, treating, preventing, prescribing for, or 22
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 23
1. By physical, mental, emotional, or other process that is 24
exercised or invoked by the practitioner, the patient, or both; or 25
2. By appliance, test, drug, operation, or treatment; 26
(ii) Ending of a human pregnancy; and 27
(iii) Performing acupuncture as provided under [§ 14–504] § 14–527 28
of this title. 29
(3) “Practice medicine” does not include: 30 10 HOUSE BILL 232
(i) Selling any nonprescription drug or medicine; 1
(ii) Practicing as an optician; or 2
(iii) Performing a massage or other manipulation by hand, but by no 3
other means. 4
(P–1) “REHABILITATION PROGRA M” MEANS THE PROGRAM OF THE BOARD OR 5
THE NONPROFIT ENTITY WITH WHICH THE BOARD CONTRACTS UNDER § 14–401.1(D) 6
OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO IMPA IRED 7
PHYSICIANS AND OTHER HEALTH PROFESSIONALS REGULA TED BY THE BOARD WHO 8
ARE DIRECTED BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR 9
ALCOHOLISM , CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR 10
MENTAL CONDITIONS . 11
14–205. 12
(a) In addition to the powers and duties set forth in this title [and in Title 15 of 13
this article], the Board shall: 14
(1) Enforce this title [and Title 15 of this article]; 15
(2) Adopt regulations to carry out the provisions of this title [and Title 15 16
of this article]; 17
(3) Establish policies for Board operations; 18
(4) Maintain the rules, regulations, and policies of the Board so that the 19
rules, regulations, and policies reflect the current practices of the Board; 20
(5) Oversee: 21
(i) The licensing requirements for physicians and the allied health 22
professionals; and 23
(ii) The issuance and renewal of licenses; 24
(6) Maintain secure and complete records; 25
(7) Review and preliminarily investigate complaints, including 26
acknowledging receipt of complaints and informing complainants of the final disposition of 27
complaints; 28
(8) Develop and implement methods to: 29
HOUSE BILL 232 11
(i) Assess and improve licensee practices; and 1
(ii) Ensure the ongoing competence of licensees; 2
(9) Ensure that an opportunity for a hearing is provided to an individual, 3
in accordance with law, before any action is taken against the individual; 4
(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 5
(11) Report on all disciplinary actions, license denials, and license 6
surrenders; 7
(12) Establish appropriate fees that are adequate to fund the effective 8
regulation of physicians and allied health professionals; 9
(13) Make recommendations that benefit the health, safety, and welfare of 10
the public; 11
(14) Provide ongoing education and training for Board members to ensure 12
that the Board members can competently discharge their duties; 13
(15) Direct educational outreach to and communicate with licensees and the 14
public; 15
(16) Develop and adopt a budget that reflects revenues and supports the 16
costs associated with each allied health profession regulated by the Board; 17
(17) Develop and approve an annual report and other required reports for 18
submission to the Secretary, the Governor, the General Assembly, and the public; 19
(18) Approve contracts as needed and within budgetary limits; 20
(19) Appoint standing and ad hoc committees from among Board members 21
as necessary; 22
(20) Delegate to the executive director of the Board the authority to 23
discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 24
Board or disciplinary panel, and hold the executive director accountable to the Board; and 25
(21) Appoint members of the disciplinary panels. 26
(b) (1) In addition to the powers set forth elsewhere in this title, the Board 27
may: 28
(i) Adopt regulations to regulate the performance of acupuncture, 29
but only to the extent authorized by [§ 14–504] § 14–527 of this title; 30
12 HOUSE BILL 232
(ii) After consulting with the State Board of Pharmacy, adopt rules 1
and regulations regarding the dispensing of prescription drugs by a licensed physician; 2
(iii) On receipt of a written and signed complaint, including a referral 3
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 4
office of a physician or acupuncturist, other than an office of a physician or acupuncturist 5
in a hospital, related institution, freestanding medical facility, or a freestanding birthing 6
center, to determine compliance at that office with the Centers for Disease Control and 7
Prevention’s guidelines on universal precautions; and 8
(iv) Contract with others for the purchase of administrative and 9
examination services to carry out the provisions of this title. 10
(2) The Board or a disciplinary panel may investigate an alleged violation 11
of this title. 12
[(3) Subject to the Administrative Procedure Act and the hearing provisions 13
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 14
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 15
applicant’s license for: 16
(i) Any of the reasons that are grounds for action under § 14–404, § 17
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 18
as applicable; or 19
(ii) Failure to complete a criminal history records check in 20
accordance with § 14–308.1 of this title.] 21
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 22
shall: 23
(i) Issue, for use in other jurisdictions, a certificate of professional 24
standing AND A VERIFICATION O F LICENSURE STATUS to any [licensed physician] 25
LICENSEE; and 26
(ii) Keep a list of all PENDING license applicants. 27
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 28
are currently licensed. 29
(ii) The list shall include each [physician’s] LICENSEE’S designated 30
public address. 31
(iii) A [physician’s] LICENSEE’S designated public address may be a 32
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 33
under paragraph (3) of this subsection, that is not a post office box. 34 HOUSE BILL 232 13
[(iv) Each list prepared under this paragraph shall be kept as a 1
permanent record of the Board.] 2
[(v)] (IV) The list of [currently licensed physicians] CURRENT 3
LICENSEES is a public record. 4
(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 5
LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, AND 6
MAINTAIN THE ADDRESS to facilitate communication between the [physician] LICENSEE 7
and the Board. 8
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 9
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 10
at the time of initial licensure and license renewal. 11
(iii) A [physician] LICENSEE shall designate an address where the 12
Board may send the [physician] LICENSEE mail. 13
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 14
a public record and may not be released by the Board. 15
(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE. 16
(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 17
ESTABLISHED UNDER TH IS TITLE GOVERNING : 18
(1) THE TERM OF OFFICE FO R MEMBERS; 19
(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 20
(3) THE REMOVAL OF MEMBER S; AND 21
(4) THE DUTIES OF EACH OFFIC ER. 22
(F) EACH ADVISORY COMMITT EE SHALL: 23
(1) DEVELOP AND RECOMMEND TO THE BOARD REGULATIONS TO 24
CARRY OUT THE PROVIS IONS OF THIS TITLE A ND ANY OTHER STATUTO RY CHANGES 25
THAT AFFECT THE RELE VANT ALLIED HEALTH P ROFESSION; 26
(2) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 27
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 28
OF AN ALLIED HEALTH PROFESSION; AND 29 14 HOUSE BILL 232
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 1
ALLIED HEALTH PROFES SIONS OR PRACTITIONE RS; 2
(3) KEEP RECORD OF ITS PROCEEDINGS ; AND 3
(4) SUBMIT AN ANNUAL REPO RT TO THE BOARD. 4
14–207. 5
(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 6
renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 7
HEALTH PROFESSIONALS . 8
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 9
FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 10
UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 11
ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 12
program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 13
14–401.1(D) of this title. 14
(3) Funds to cover the compensation and expenses of the Board members 15
shall be generated by fees set under this section. 16
(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 17
PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 18
AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 19
(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 20
DOCUMENTED D IRECT AND INDIRECT C OSTS OF FULFILLING T HE STATUTORY AND 21
REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF TH IS 22
TITLE. 23
(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 24
SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 25
$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 26
(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 27
SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSIST ANT 28
PRECEPTORSHIP TAX CR EDIT FUND ESTABLISHE D UNDER § 10–752 OF THE 29
TAX – GENERAL ARTICLE. 30
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 31
THE Board shall pay all fees collected under the provisions of this title to the Comptroller 32
of the State. 33 HOUSE BILL 232 15
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 1
include in the State budget at least $400,000 for the operation of the Maryland Loan 2
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 3
Subtitle 17 of the Health – General Article, as administered by the Department, the 4
Comptroller shall distribute: 5
(i) $400,000 of the fees received from the Board to the Department 6
to be used to make grants under the Maryland Loan Assistance Repayment Program for 7
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 8
Article to physicians and physician assistants engaged in primary care or to medical 9
residents specializing in primary care who agree to practice for at least 2 years as primary 10
care physicians in a geographic area of the State that has been designated by the Secretary 11
as being medically underserved; and 12
(ii) The balance of the fees to the Board of Physicians Fund. 13
(2) In fiscal year 2022, if the Governor does not include in the State budget 14
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 15
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 16
Article, as administered by the Department, the Comptroller shall distribute: 17
(i) $1,000,000 of the fees received from the Board to the Department 18
to be used to make grants under the Maryland Loan Assistance Repayment Program for 19
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 20
Article to physicians and physician assistants engaged in primary care or to medical 21
residents specializing in primary care who agree to practice for at least 2 years as primary 22
care physicians in a geographic area of the State that has been designated by the Secretary 23
as being medically underserved; and 24
(ii) The balance of the fees to the Board of Physicians Fund. 25
(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department does not 26
implement a permanent funding structure under § 24–1702(b)(1) of the Health – General 27
Article and the Governor does not include in the State budget at least $400,000 for the 28
operation of the Maryland Loan Assistance Repayment Program for Physicians and 29
Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 30
administered by the Department, the Comptroller shall distribute: 31
(i) $400,000 of the fees received from the Board to the Department 32
to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34
Article to physicians and physician assistants engaged in primary care or to medical 35
residents specializing in primary care who agree to practice for at least 2 years as primary 36
care physicians in a geographic area of the State that has been designated by the Secretary 37
as being medically underserved; and 38
16 HOUSE BILL 232
(ii) The balance of the fees to the Board of Physicians Fund. 1
[(4)] (2) If the Governor includes in the State budget at least the amount 2
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 3
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 4
Subtitle 17 of the Health – General Article, as administered by the Department, the 5
Comptroller shall distribute the fees to the Board of Physicians Fund. 6
(f) [(1)] In addition to the requirements of subsection (e) of this section, the 7
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 8
collected, and distributed to the Fund under this title. 9
[(2) After review and approval by the Board of a budget submitted by the 10
Physician Rehabilitation Program, the Board may allocate money from the Fund to the 11
Physician Rehabilitation Program.] 12
14–208. 13
(A) IN THIS SECTION, “FEDERAL PROPERTY ” MEANS A BUILDING , LAND, OR 14
OTHER REAL PROPERTY OWNED, LEASED, OR OCCUPIED BY A DEP ARTMENT, AN 15
AGENCY, OR AN INSTRUMENTALIT Y OF THE UNITED STATES, INCLUDING THE 16
DEPARTMENT OF DEFENSE AND THE UNITED STATES POSTAL SERVICE, OR ANY 17
OTHER INSTRUMENTALITY WHOLLY OWNED BY THE UNITED STATES, OR BY ANY 18
DEPARTMENT OR AGENCY OF THE DISTRICT OF COLUMBIA OR ANY TERRI TORY OR 19
POSSESSION OF THE UNITED STATES. 20
(B) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 21
AN INDIVIDUAL EMPLOY ED IN THE SERVICE OF TH E FEDERAL GOVERNMENT AS A 22
HEALTH CARE PRACTITI ONER WHO IS REGULATE D BY THE BOARD MAY PRACTICE 23
WITHOUT A LICENSE WH ILE PRACTICING WITHI N THE SCOPE OF THE E MPLOYMENT 24
ON FEDERAL PROPERTY . 25
(C) SUBJECT TO THE RULES , REGULATIONS , AND ORDER S OF THE BOARD, 26
AN AUTHORIZED SUPERV ISOR MAY SUPERVISE A N UNLICENSED INDIVID UAL 27
EMPLOYED IN THE SERV ICE OF THE FEDERAL G OVERNMENT AS A HEALT H CARE 28
PRACTITIONER WHO IS REGULATED BY THE BOARD WHILE THE INDIV IDUAL IS 29
PRACTICING WITHIN TH E SCOPE OF THE EMPLO YMENT ON FEDERAL PROPE RTY. 30
14–301. 31
(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 32
qualify for a license, an applicant shall be an individual who meets the requirements of this 33
section. 34
(b) The applicant shall be of good moral character. 35 HOUSE BILL 232 17
(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 1
shall be at least 18 years old. 2
[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 3
(1) (i) Have a degree of doctor of medicine from a medical school that is 4
accredited by an accrediting organization that the Board recognizes in its regulations; and 5
(ii) Submit evidence acceptable to the Board of successful completion 6
of 1 year of training in a postgraduate medical training program that is accredited by an 7
accrediting organization that the Board recognizes in its regulations; or 8
(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 9
in the United States, its territories or possessions, Puerto Rico, or Canada that has 10
standards for graduation equivalent to those established by the American Osteopathic 11
Association; and 12
(ii) Submit evidence acceptable to the Board of successful completion 13
of 1 year of training in a postgraduate medical training program accredited by an 14
accrediting organization that the Board recognizes in its regulations.] 15
(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 16
CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 17
(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 18
[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 19
OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 20
(f) The applicant shall meet any other qualifications that the Board establishes 21
in its regulations for license applicants. 22
[(g) An otherwise qualified applicant who passes the examination after having 23
failed the examination or any part of the examination 3 or more times may qualify for a 24
license only if the applicant: 25
(1) Has successfully completed 2 or more years of a residency or fellowship 26
accredited by the Accreditation Council on Graduate Medical Education or the American 27
Osteopathic Association; 28
(2) (i) Has a minimum of 5 years of clinical practice of medicine: 29
1. In the United States or in Canada; 30
2. With at least 3 of the 5 years having occurred within 5 31
years of the date of the application; and 32 18 HOUSE BILL 232
3. That occurred under a full unrestricted license to practice 1
medicine; and 2
(ii) Has no disciplinary action pending and has had no disciplinary 3
action taken against the applicant that would be grounds for discipline under § 14–404 of 4
this title; or 5
(3) Is board certified.] 6
[(h)] (G) (1) The Board shall require as part of its examination or licensing 7
procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 8
PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 9
(2) Graduation from a recognized English–speaking undergraduate school 10
or high school, including General Education Development (GED), after at least 3 years of 11
enrollment, or from a recognized English–speaking professional school is acceptable as 12
proof of proficiency in the oral communication of the English language under this section. 13
(3) By regulation, the Board shall develop a procedure for testing 14
individuals who because of their speech impairment are unable to complete satisfactorily a 15
Board approved standardized test of oral competency. 16
(4) If any disciplinary charges or action that involves a problem with the 17
oral communication of the English language are brought against a licensee under this title, 18
the Board shall require the licensee to take and pass a Board approved standardized test 19
of oral competency. 20
[(i) The applicant shall complete a criminal history records check in accordance 21
with § 14–308.1 of this subtitle. 22
(j) (1) The Board shall license an applicant to practice medicine if: 23
(i) The applicant: 24
1. Became licensed or certified as a physician in another 25
jurisdiction under requirements that the Board determines are substantially equivalent to 26
the licensing requirements of this title; 27
2. Is in good standing under the laws of the other 28
jurisdiction; 29
3. Submits an application to the Board on a form that the 30
Board requires; and 31
4. Pays to the Board an application fee set by the Board; and 32
HOUSE BILL 232 19
(ii) The jurisdiction in which the applicant is licensed or certified 1
offers a similar reciprocal licensing process for individuals licensed to practice medicine by 2
the Board. 3
(2) The Board shall adopt regulations to implement this subsection.] 4
14–303. 5
[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 6
(1) Complete a criminal history records check in accordance with [§ 7
14–308.1] § 14–302 of this subtitle; 8
(2) Submits Submit an application to the Board on the form that the Board 9
requires; and 10
(3) Pay to the Board the application fee set by the Board. 11
[(b) The Board may not release a list of applicants for licensure.] 12
14–304. 13
(b) (1) On receipt of the criminal history record information of an applicant for 14
licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 15
in determining whether to issue a license, the Board shall consider: 16
(i) The age at which the crime was committed; 17
(ii) The nature of the crime; 18
(iii) The circumstances surrounding the crime; 19
(iv) The length of time that has passed since the crime; 20
(v) Subsequent work history; 21
(vi) Employment and character references; and 22
(vii) Other evidence that demonstrates whether the applicant poses a 23
threat to the public health or safety. 24
(2) The Board may not issue a license if the criminal history record 25
information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 26
14–305. 27
20 HOUSE BILL 232
(a) Except as otherwise provided in this title, a license authorizes the licensee to 1
practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 2
LICENSE ISSUED BY TH E BOARD while the license is effective. 3
(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 4
THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 5
14–306. 6
(a) (1) This subsection does not apply to a physician who is on inactive status 7
under [§ 14–320] § 14–511 of this [subtitle] TITLE or emeritus status under [§ 14–302.1] 8
§ 14–512 of this [subtitle] TITLE. 9
(2) The term of a license issued by the Board may not exceed 3 years. 10
(3) A license expires on a date set by the Board, unless the license is 11
renewed for [a] AN ADDITIONAL term as provided in this section. 12
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 13
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 14
last known electronic or physical address of the licensee[: 15
(i) A] A renewal notice that states: 16
[1.] (I) The date on which the current license expires; 17
[2.] (II) The date by which the renewal application must be 18
received by the Board for the renewal to be issued and mailed before the license expires; 19
and 20
[3.] (III) The amount of the renewal fee[; and 21
(ii) A blank panel data sheet supplied by the Health Care 22
Alternative Dispute Resolution Office]. 23
(2) If the Board chooses to send renewal notices exclusively by electronic 24
mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 25
first–class mail to a licensee on request of the licensee. 26
(c) (1) Before the license expires, the licensee periodically may renew it for an 27
additional term, if the licensee: 28
(i) Otherwise is entitled to be licensed; 29
(ii) Is of good moral character; 30
HOUSE BILL 232 21
(iii) Pays to the Board a renewal fee set by the Board; [and] 1
(iv) Submits to the Board: 2
1. A renewal application on the form that the Board requires; 3
and 4
2. Satisfactory evidence of compliance with any continuing 5
education OR COMPETENCY requirements set under this section for license renewal; AND 6
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 7
REQUIREMENTS ESTABLI SHED BY THE BOARD. 8
(2) Within 30 days after a license renewal under Section 7 of the Interstate 9
Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 10
shall submit to the Board the information required under paragraph (1)(iv) of this 11
subsection. 12
(d) (1) In addition to any other qualifications and requirements established by 13
the Board, the Board may establish continuing education OR COMPETENCY requirements 14
as a condition to the renewal of licenses under this section. 15
[(2) In establishing these requirements, the Board shall evaluate existing 16
methods, devices, and programs in use among the various medical specialties and other 17
recognized medical groups. 18
(3) The Board shall adopt regulations that allow a licensee seeking renewal 19
to receive up to 5 continuing education credits per renewal period for providing 20
uncompensated, voluntary medical services during each renewal period. 21
(4) The Board may not establish or enforce these requirements if they 22
would so reduce the number of physicians in a community as to jeopardize the availability 23
of adequate medical care in that community.] 24
[(5)] (2) The Board may not establish a continuing education requirement 25
that every licensee complete a specific course or program as a condition to the renewal of a 26
license under this section. 27
[(6) A disciplinary panel may impose a civil penalty of up to $100 per 28
continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 29
first offense, for the failure of a licensee to obtain the continuing medical education credits 30
required by the Board.] 31
(e) The Board shall renew the license of each licensee who meets the 32
requirements of this section AND ANY ADDITIONAL R EQUIREMEN TS ESTABLISHED 33 22 HOUSE BILL 232
UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 1
APPLICABLE. 2
[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 3
change in the licensee’s name or address within 60 days after the change. 4
(2) If a licensee fails to notify the secretary of the Board within the time 5
required under this section, the licensee is subject to an administrative penalty of $100.] 6
[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 7
history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 8
(i) Renewal applicants as determined by regulations adopted by the 9
Board; and 10
(ii) Each former licensee who files for reinstatement under [§ 14–317 11
of this subtitle] THIS TITLE. 12
(2) On receipt of the criminal history record information of a licensee 13
forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 14
determining whether disciplinary action should be taken, based on the criminal record 15
information, against a licensee who renewed or reinstated a license, the Board shall 16
consider: 17
(i) The age at which the crime was committed; 18
(ii) The nature of the crime; 19
(iii) The circumstances surrounding the crime; 20
(iv) The length of time that has passed since the crime; 21
(v) Subsequent work history; 22
(vi) Employment and character references; and 23
(vii) Other evidence that demonstrates whether the licensee poses a 24
threat to the public health or safety. 25
(3) The Board may renew or reinstate a license only if the licensee or 26
applicant attests that the licensee or applicant has submitted to a criminal history records 27
check under [§ 14–308.1] § 14–302 of this subtitle. 28
14–307. 29
HOUSE BILL 232 23
The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 1
to renew the license for any reason, is on inactive status under [§ 14–320] § 14–511 of this 2
[subtitle] TITLE, or is on emeritus status under [§ 14–320.1] § 14–512 of this [subtitle] 3
TITLE if the [physician] INDIVIDUAL: 4
(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 5
AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 6
5E, 5F, 5G, OR 5H OF THIS TITLE; 7
(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 8
THE BOARD REQUIRES ; 9
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 10
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 11
the qualifications and requirements established under this title for license reinstatements; 12
AND 13
(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 14
REQUIREMENTS ESTABLI SHED BY THE BOARD. 15
14–401.1. 16
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 17
subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 18
this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 19
the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 20
disciplinary panel. 21
[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 22
enter into a written contract with an entity or individual for confidential physician peer 23
review of allegations based on § 14–404(a)(22) of this subtitle. 24
(2) A peer reviewer shall: 25
(i) Be board certified; 26
(ii) Have special qualifications to judge the matter at hand; 27
(iii) Have received a specified amount of medical experience and 28
training; 29
(iv) Have no formal actions against the peer reviewer’s own license; 30
(v) Receive training in peer review; 31 24 HOUSE BILL 232
(vi) Have a standard format for peer review reports; and 1
(vii) To the extent practicable, be licensed and engaged in the practice 2
of medicine in the State. 3
(3) The Board may consult with the appropriate specialty health care 4
provider societies in the State to obtain a list of physicians qualified to provide peer review 5
services. 6
(4)] For purposes of peer review, the Board may use sole source 7
procurement under § 13–107 of the State Finance and Procurement Article. 8
[(5)] (2) The hearing of charges may not be stayed or challenged because 9
of the selection of peer reviewers under this subsection before the filing of charges. 10
[(f)] (C) (1) The entity or individual peer reviewer with which the Board 11
contracts under subsection [(e)] (B) of this section OR § 14–515 OF THIS TITLE shall have 12
90 days for completion of peer review. 13
(2) The entity or individual peer reviewer may apply to the Board for an 14
extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection. 15
(3) If an extension is not granted, and 90 days have elapsed, the Board may 16
contract with any other entity or individual who meets the requirements of subsection 17
[(e)(2)] (B)(2) of this section for the services of peer review. 18
(4) If an extension has been granted, and 120 days have elapsed, the Board 19
may contract with any other entity or individual who meets the requirements of subsection 20
[(e)(2)] (B)(2) of this section for the services of peer review. 21
[(g)] (D) The Board shall issue a request for proposals and enter into a written 22
contract with a nonprofit entity to provide rehabilitation services for physicians or other 23
allied health professionals directed by the Board to receive rehabilitation services. 24
[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 25
matters and the mediation of fee disputes coming before it, the Board may contract with an 26
entity or entities for the purchase of investigatory, mediation, and related services. 27
(2) Services that may be contracted for under this subsection include the 28
services of: 29
(i) Investigators; 30
(ii) Attorneys; 31
HOUSE BILL 232 25
(iii) Accountants; 1
(iv) Expert witnesses; 2
(v) Consultants; and 3
(vi) Mediators. 4
[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 5
oaths in connection with any investigation under this section and any hearing or proceeding 6
before it. 7
[(j)] (G) (1) It is the intent of this section that the disposition of every 8
complaint against a licensee that sets forth allegations of grounds for disciplinary action 9
filed with the Board shall be completed as expeditiously as possible and, in any event, 10
within 18 months after the complaint was received by the Board. 11
(2) If a disciplinary panel is unable to complete the disposition of a 12
complaint within 1 year, the Board shall include in the record of that complaint a detailed 13
explanation of the reason for the delay. 14
[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 15
health professional to discuss the proposed disposition of a complaint, shall provide an 16
opportunity to appear before the disciplinary panel to both the licensee who has been 17
charged and the individual who has filed the complaint against the licensee giving rise to 18
the charge. 19
14–401.2. 20
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 21
relief against an individual for: 22
(1) Practicing a profession regulated under this title [or Title 15 of this 23
article] without a license OR WITH AN UNAUTHORI ZED PERSON; 24
(2) Representing to the public, by title, description of services, methods, 25
procedures, or otherwise, that the individual is authorized to practice: 26
(i) Medicine in this State, in violation of [§ 14–602] § 14–529 of this 27
title; 28
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 29
title; 30
(iii) Radiation therapy, radiography, nuclear medicine technology, or 31
radiation assistance in this State, in violation of § 14–5B–18 of this title; 32 26 HOUSE BILL 232
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 1
title; 2
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 3
this title; 4
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 5
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 6
of this title; [or] 7
(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATIONS 8
VIOLATION OF § 14–5G–24 OF THIS TITLE; OR 9
(IX) As a physician assistant in this State, in violation of [§ 15–402 of 10
this article] § 14–5H–19 OF THIS TITLE; or 11
(3) Taking any action: 12
(i) For which a disciplinary panel determines there is a 13
preponderance of evidence of grounds for discipline under [§ 14–404] § 14–516 of this title; 14
and 15
(ii) That poses a serious risk to the health, safety, and welfare of a 16
patient. 17
14–402. 18
(a) In reviewing an application for licensure or in investigating an allegation 19
brought against a licensed physician or any allied health professional regulated by the 20
Board under this title, the [Physician] Rehabilitation Program may request the Board to 21
direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 22
physician or any allied health professional regulated by the Board under this title to submit 23
to an appropriate examination. 24
(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 25
to submit to an examination is prima facie evidence of the licensed individual’s OR 26
APPLICANT’S inability to practice medicine or the respective discipline competently, unless 27
the Board or disciplinary panel finds that the failure or refusal was beyond the control of 28
the licensed individual OR APPLICANT . 29
(d) The Board shall pay the costs of any examination OF A LICENSEE made under 30
this section. 31
HOUSE BILL 232 27
(e) (1) The Board or the entity or entities with which the Board contracts shall 1
appoint the members of the [Physician] Rehabilitation Program. 2
(2) The chair of the Board shall appoint one member of the Board to serve 3
as a liaison to the [Physician] Rehabilitation Program. 4
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 5
Auditor as provided in § 2–1220 of the State Government Article. 6
14–403. 7
(a) Unless a disciplinary panel agrees to accept the surrender of a license, 8
certification, or registration of an individual the Board regulates, the individual may not 9
surrender the license, certification, or registration nor may the license, certification, or 10
registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 11
DISCIPLINE while the individual is under investigation or while charges are pending. 12
14–404. 13
SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 14
PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 15
LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW TH E 16
APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 17
FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–516, § 18
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 19
14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 20
14–405. 21
(a) Except as otherwise provided in the Administrative Procedure Act, before the 22
Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 23
or [§ 14–205(b)(3)] § 14–516(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 24
14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 25
it shall give the individual against whom the action is contemplated an opportunity for a 26
hearing before a hearing officer. 27
[(g)] (F) The hearing of charges may not be stayed or challenged by any 28
procedural defects alleged to have occurred prior to the filing of charges. 29
14–406. 30
(a) Following the filing of charges, if a majority of the quorum of a disciplinary 31
panel finds that there are grounds for action under [§ 14–404] § 14–516, § 14–5A–17, § 32
14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 33 28 HOUSE BILL 232
14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 1
with the Administrative Procedure Act. 2
(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 3
of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 4
14–516, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 5
§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 6
(1) Immediately shall dismiss the charges and exonerate the licensee; 7
(2) (i) Except as provided in item (ii) of this item, shall expunge all 8
records of the charges 3 years after the charges are dismissed; or 9
(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 10
a document releasing the Board from any liability related to the charges, shall immediately 11
expunge all records of the charges; and 12
(3) May not take any further action on the charges. 13
14–409. 14
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 15
ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 16
PANEL, may reinstate the license of an individual whose license has been surrendered or 17
revoked under this title only in accordance with: 18
(i) The terms and conditions of the order of revocation or letter of 19
surrender; 20
(ii) An order of reinstatement issued by the disciplinary panel; or 21
(iii) A final judgment in any proceeding for review. 22
(2) If a license is surrendered or revoked for a period of more than 1 year, 23
[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 24
(i) Meets the requirements for reinstatement as established by the 25
Board; and 26
(ii) Completes a criminal history records check in accordance with [§ 27
14–308.1] § 14–302 of this title. 28
(c) If an order of revocation is based on [§ 14–404(b)] § 14–516(B), § 29
14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 30
14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 31 HOUSE BILL 232 29
conviction or plea subsequently is overturned at any stage of an appeal or other 1
postconviction proceeding, the revocation ends when the conviction or plea is overturned. 2
14–411. 3
(d) The Board shall disclose any information contained in a record to: 4
(1) A committee of a hospital, health maintenance organization, or related 5
institution if: 6
(i) The committee of a medical hospital staff concerned with 7
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 8
organization, or related institution requests the information in writing; 9
(ii) A disciplinary panel has issued an order as to a [licensed 10
physician] LICENSEE on whom the information is requested; and 11
(iii) The Board determines that the information requested is 12
necessary for an investigation or action of the committee as to a medical privilege of a 13
[licensed physician] LICENSEE; or 14
(2) The Secretary, the Office of Health Care Quality in the Department, 15
the Maryland Health Care Commission, or the Health Services Cost Review Commission 16
for the purpose of investigating quality or utilization of care in any entity regulated by the 17
Office of Health Care Quality or the Health Services Cost Review Commission. 18
(g) (1) The Board shall notify all hospitals, health maintenance organizations, 19
or other health care facilities where a [physician or an allied health professional] 20
LICENSEE regulated by the Board has privileges, has a provider contract with a health 21
maintenance organization, or is employed of a complaint or report filed against that 22
[physician] LICENSEE, if: 23
(i) The Board determines, in its discretion, that the hospital, health 24
maintenance organization, or health care facility should be informed about the report or 25
complaint; 26
(ii) The nature of the complaint suggests a reasonable possibility of 27
an imminent threat to patient safety; or 28
(iii) The complaint or report was as a result of a claim filed in the 29
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 30
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 31
(2) The Board shall disclose any information pertaining to a [physician’s] 32
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 33 30 HOUSE BILL 232
to a committee of a hospital, health maintenance organization, or other health care facility 1
if: 2
(i) The committee is concerned wit h [physician] LICENSEE 3
discipline and requests the information in writing; and 4
(ii) The Board has received a complaint or report pursuant to 5
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 6
the information is requested. 7
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 8
this subtitle, notify those hospitals, health maintenance organizations, or health care 9
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 10
health maintenance organization, or is employed of its formal action within 10 days after 11
the action is taken and shall provide the hospital, health maintenance organization, or 12
health care facility with periodic reports as to enforcement or monitoring of a formal 13
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 14
reports. 15
(h) On the request of a person who has made a complaint to the Board regarding 16
a [physician] LICENSEE, the Board shall provide the person with information on the status 17
of the complaint. 18
(j) The Board may disclose any information contained in a record to a licensing 19
or disciplinary authority of another state if: 20
(1) The licensing or disciplinary authority of another state that regulates 21
[licensed physicians] LICENSEES in that state requests the information in writing; and 22
(2) The disclosure of any information is limited to the pendency of an 23
allegation of a ground for disciplinary or other action by a disciplinary panel until: 24
(i) The disciplinary panel has passed an order under § 14–406 of 25
this subtitle; or 26
(ii) A [licensed physician] LICENSEE on whom the information is 27
requested authorizes a disclosure as to the facts of an allegation or the results of an 28
investigation before the Board. 29
(k) The Board may disclose any information contained in a record to a person if: 30
(1) A [licensed physician] LICENSEE on whom any information is 31
requested authorizes the person to receive the disclosure; 32
(2) The person requests the information in writing; and 33
HOUSE BILL 232 31
(3) The authorization for the disclosure is in writing. 1
(p) (1) The Board may publish a summary of any allegations of grounds for 2
disciplinary or other action. 3
(2) A summary may not identify: 4
(i) Any person who makes an allegation to the Board or any of its 5
investigatory bodies; 6
(ii) A [licensed physician] LICENSEE about whom an allegation is 7
made; or 8
(iii) A witness in an investigation or a proceeding before the Board or 9
any of its investigatory bodies. 10
14–411.1. 11
(b) The Board shall create and maintain a public individual profile on each 12
licensee that includes the following information: 13
(1) A summary of charges filed against the licensee, including a copy of the 14
charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–516 15
of this [subtitle] TITLE based on the charges or has rescinded the charges; 16
(2) A description of any disciplinary action taken by the Board or a 17
disciplinary panel against the licensee within the most recent 10–year period that includes 18
a copy of the public order; 19
(3) A description in summary form of any final disciplinary action taken by 20
a licensing board in any other state or jurisdiction against the licensee within the most 21
recent 10–year period; 22
(4) A description of a conviction or entry of a plea of guilty or nolo 23
contendere by the licensee for a crime involving moral turpitude reported to the Board 24
under § 14–416 of this subtitle; and 25
[(5) As reported to the Board by the licensee, education and practice 26
information about the licensee including: 27
(i) The name of any medical school that the licensee attended and 28
the date on which the licensee graduated from the school; 29
(ii) A description of any internship and residency training; 30
32 HOUSE BILL 232
(iii) A description of any specialty board certification by a recognized 1
board of the Association; American Board of Medical Specialties or the American 2
Osteopathic Association; 3
(iv) The name of any hospital where the licensee has medical 4
privileges; 5
(v) The location of the licensee’s primary practice setting; 6
(vi) Whether the licensee participates in the Maryland Medical 7
Assistance Program; 8
(vii) Whether the licensee maintains medical professional liability 9
insurance; and 10
(viii) The number of medical malpractice final court judgments and 11
arbitration awards against the licensee within the most recent 10–year period.] 12
(5) FOR A PHYSICIAN, THE INFORMATION REQUIRED UNDER § 14–517 13
OF THIS TITLE. 14
(c) In addition to the requirements of subsection (b) of this section, the Board 15
shall: 16
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 17
DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 18
BOARD’S WEBSITE. 19
(2) Provide appropriate and accessible Internet links from the Board’s 20
[Internet site] WEBSITE: 21
(i) To the extent available, to the appropriate portion of the 22
[Internet site] WEBSITE of each health maintenance organization licensed in this State 23
which will allow the public to ascertain the names of the physicians affiliated with the 24
health maintenance organization; and 25
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 26
American Medical Association; 27
[(2)] (3) Include a statement on each licensee’s profile of information to 28
be taken into consideration by a consumer when viewing a licensee’s profile, including 29
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 30
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 31
and 32
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 33 HOUSE BILL 232 33
(i) Notification that a person may contact the Board by telephone, 1
electronic mail, or written request to find out whether the number of medical malpractice 2
settlements involving a particular licensee totals three or more with a settlement amount 3
of $150,000 or greater within the most recent 5–year period as reported to the Board; and 4
(ii) A telephone number, electronic mail address, and physical 5
address through which a person may contact the Board to request the information required 6
to be provided under item (i) of this item. 7
(d) The Board: 8
(1) On receipt of a written request for a licensee’s profile from any person, 9
shall forward a written copy of the profile to the person; 10
(2) Shall maintain a website that serves as a single point of entry where 11
all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 12
public on the Internet; and 13
(3) On receipt of a verbal, electronic, or written request in accordance with 14
subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 15
days of the request. 16
14–413. 17
(A) A person may not make any false statement, report, or representation to the 18
Board or a disciplinary panel. 19
(B) (1) A PERSON WHO VIOLATED VIOLATES ANY PROVISION OF THI S 20
SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE 21
NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 22
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
14–416. 25
(a) Each court shall report to the Board each conviction of or entry of a plea of 26
guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 27
turpitude. 28
14–417. 29
(A) (1) EACH LICENSEE SHALL N OTIFY THE BOARD IN WRITING OF A NY 30
CHANGE IN THE LICENS EE’S NAME OR ADDRESS WI THIN 60 DAYS AFTER THE 31
CHANGE. 32 34 HOUSE BILL 232
(2) IF THE LICENSEE FAILS TO NOTIFY THE BOARD WITHIN THE TIME 1
REQUIRED UNDER THIS SECTION, THE LICENSEE IS SUBJ ECT TO AN 2
ADMINISTRATIVE PENAL TY OF $100. 3
(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 4
PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 5
OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 6
EDUCATION CREDIT CREDITS REQUIRED BY THE BOARD. 7
Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 8
14–502. 9
Subject to the rules, regulations, and orders of the Board, the following individuals 10
may practice medicine without a license: 11
(1) A medical student or an individual in a postgraduate medical training 12
program that is accredited by an accrediting organization recognized by the Board in 13
regulations, while the individual is practicing medicine in the program and doing the 14
assigned duties at any office of a licensed physician, hospital, clinic, or similar facility; 15
(2) A physician licensed by and residing in another jurisdiction, if the 16
physician: 17
(i) Is engaged in consultation with a physician licensed in the State 18
about a particular patient and does not direct patient care; 19
(ii) 1. Has an active, unrestricted license to practice medicine in 20
the jurisdiction where the physician regularly engages in the practice of medicine; 21
2. Is employed by or has a written agreement with an athletic 22
team or a sports team based outside the State; 23
3. Is designated as the team physician by the athletic or 24
sports team to provide medical care to the team’s members, band members, cheerleading 25
squad, mascot, coaches, and other staff who travel to a specified sporting event taking place 26
in the State; 27
4. While in the State, provides medical care only to 28
individuals listed in item 3 of this item; 29
5. Does not provide medical care in the State for more than 30
45 days in a calendar year; and 31
HOUSE BILL 232 35
6. Does not engage in the practice of medicine at a hospital, 1
related institution, or other health care facility, including an acute care facility, located 2
within the State; or 3
(iii) Is engaged in clinical training or participates in training or 4
teaching of a skill or procedure in a hospital if: 5
1. The skill or procedure: 6
A. Is advanced beyond those skills or procedures normally 7
taught or exercised in the hospital and in standard medical education or training; 8
B. Could not be otherwise conveniently taught or 9
demonstrated in standard medical education or training in that hospital; and 10
C. Is likely to benefit Maryland patients in this instance; 11
2. The demonstration of all skills or procedures by the 12
physician does not exceed 14 days total in the calendar year; 13
3. A licensed physician who practices at a hospital in the 14
State will be responsible for the medical care provided by that visiting physician to patients 15
in the State; 16
4. The visiting physician has no history of any medical 17
disciplinary action in any other state, territory, nation, or any branch of the United States 18
uniformed services or the [Veterans Administration] U.S. DEPARTME NT OF VETERANS 19
AFFAIRS, and has no significant detrimental malpractice history; 20
5. The physician is covered by malpractice insurance in the 21
jurisdiction in which the physician practices; and 22
6. The hospital ensures that the patients will be protected by 23
adequate malpractice insurance; 24
[(3) A physician employed in the service of the federal government while 25
performing the duties incident to that employment;] 26
[(4)] (3) A physician who resides in and is authorized to practice medicine 27
by any state adjoining this State for the purpose of prescribing home health services to a 28
patient who resides in this State, if the physician: 29
(i) Does not have an office or other regularly appointed place in this 30
State to meet patients; and 31
36 HOUSE BILL 232
(ii) Has performed an in–person physical examination of the patient 1
within the jurisdictional boundaries of the adjoining state in which the prescribing 2
physician is authorized to practice medicine; and 3
[(5)] (4) An individual while under the supervision of a licensed physician 4
who has specialty training in psychiatry, and whose specialty training in psychiatry has 5
been approved by the Board, if the individual submits an application to the Board on or 6
before October 1, 1993, and either: 7
(i) 1. Has a master’s degree from an accredited college or 8
university; and 9
2. Has completed a graduate program accepted by the Board 10
in a behavioral science that includes 1,000 hours of supervised clinical psychotherapy 11
experience; or 12
(ii) 1. Has a baccalaureate degree from an accredited college or 13
university; and 14
2. Has 4,000 hours of supervised clinical experience that is 15
approved by the Board. 16
14–503. 17
(c) (1) The Board shall adopt rules and regulations to delineate the scope of 18
this section. 19
(2) Before it adopts any rule or regulation under this section, the Board 20
shall invite and consider proposals from any individual or health group that could be 21
affected by the rule or regulation. 22
(e) Except as otherwise provided in this section, an individual may perform 23
X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 24
(1) Do not include: 25
(i) Computerized or noncomputerized tomography; 26
(ii) Fluoroscopy; 27
(iii) Invasive radiology; 28
(iv) Mammography; 29
(v) Nuclear medicine; 30
(vi) Radiation therapy; or 31 HOUSE BILL 232 37
(vii) Xerography; 1
(2) Are limited to X–ray procedures of the: 2
(i) Chest, anterior–posterior and lateral; 3
(ii) Spine, anterior–posterior and lateral; or 4
(iii) Extremities, anterior–posterior and lateral, not including the 5
head; and 6
(3) Are performed: 7
(i) By an individual who is not employed primarily to perform 8
X–ray duties; 9
(ii) In the medical office of the physician who delegates the duties; 10
and 11
(iii) 1. By an individual who, before October 1, 2002, has: 12
A. Taken a course consisting of at least 30 hours of training 13
in performing X–ray procedures approved by the Maryland Radiological Society in 14
consultation with the Maryland Society of Radiologic Technologists; and 15
B. Successfully passed an examination based on that course 16
that has been approved by the Maryland Radiological Society in consultation with the 17
Maryland Society of Radiologic Technologists; or 18
2. By a licensed physician assistant who has completed a 19
course that includes anterior–posterior and lateral radiographic studies of extremities on 20
at least 20 separate patients under the direct supervision of the delegating physician or 21
radiologist using a mini C–arm or similar low–level radiation machine to perform 22
nonfluoroscopic X–ray procedures, if the duties: 23
A. Include only the X–ray procedures described in paragraph 24
(2)(iii) of this subsection; and 25
B. Are performed pursuant to a Board–approved delegation 26
agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 27
14–5H–08(C)(2) of this [article] TITLE. 28
14–504. 29
38 HOUSE BILL 232
(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 1
THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 2
REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 3
(B) EXCEPT AS PROVIDED IN § 14–505 OF THE THIS SUBTITLE, THE 4
APPLICANT SHALL : 5
(1) (I) HAVE A DEGREE OF DOCTOR OF MEDICINE FROM A 6
MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 7
THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 8
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 9
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 10
TRAINING PROGRAM TH AT IS ACCREDITED BY AN ACCREDITING ORGAN IZATION 11
THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 12
(2) (I) HAVE A DEGREE OF DOCTOR OF OSTEOPATHY FROM A 13
SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 14
POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STANDARDS FOR GR ADUATION 15
EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 16
ASSOCIATION; AND 17
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 18
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 19
TRAINING PROGRAM ACC REDITED BY AN ACCREDITING OR GANIZATION THAT THE 20
BOARD RECOGNIZES IN I TS REGULATIONS . 21
(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 22
MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 23
AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMINATION 24
THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 25
(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 26
RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 27
GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 28
(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 29
MEDICINE: 30
1. IN THE UNITED STATES OR IN CANADA; 31
2. WITH A AT LEAST 3 OF THE 5 YEARS HAVING 32
OCCURRED WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 33
HOUSE BILL 232 39
3. THAT OCCURRED UNDER A FUL L UNRESTRICTED 1
LICENSE TO PRACTICE MEDICINE; AND 2
(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 3
DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 4
FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 5
(3) IS BOARD CERTIFIED . 6
(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 7
MEDICINE IF: 8
(I) THE APPLICANT: 9
1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 10
ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 11
ARE SUBSTANTIALLY EQUIVALENT TO THE LI CENSING REQUIREMENTS OF THIS 12
TITLE; 13
2. IS IN GOOD STANDING U NDER THE LAWS OF THE 14
OTHER JURISDICTION ; 15
3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 16
THAT THE BOARD REQUIRES ; AND 17
4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 18
THE BOARD; AND 19
(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 20
OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 21
INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 22
(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 23
SUBSECTION. 24
(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 25
FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 26
METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 27
SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 28
(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 29
LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING ED UCATION 30
CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 31
MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 32 40 HOUSE BILL 232
(3) THE BOARD MAY NOT ESTABLISH OR ENFORCE THESE 1
REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 2
COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 3
THAT COMMUNITY . 4
14–505. 5
(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 6
educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 7
subtitle, if the applicant: 8
(1) Has studied medicine at a foreign medical school; 9
(2) Is certified by the Educational Commission for Foreign Medical 10
Graduates or by its successor as approved by the Board; 11
(3) Passes a qualifying examination for foreign medical school graduates 12
required by the Board; 13
(4) Meets any other qualifications for foreign medical school graduates that 14
the Board establishes in its regulation for licensing of applicants; 15
(5) Submits acceptable evidence to the Board of the requirements set in the 16
Board’s regulations; and 17
(6) Meets one of the following requirements: 18
(i) The applicant graduated from any foreign medical school and 19
submits evidence acceptable to the Board of successful completion of 2 years of training in 20
a postgraduate medical education program accredited by an accrediting organization 21
recognized by the Board; or 22
(ii) The applicant successfully completed a fifth pathway program 23
and submits evidence acceptable to the Board that the applicant: 24
1. Has a document issued by the foreign medical school 25
certifying that the applicant completed all of the formal requirements of that school for the 26
study of medicine, except for the postgraduate or social service components as required by 27
the foreign country or its medical school; 28
2. Has successfully completed a fifth pathway program; and 29
3. Has successfully completed 2 years of training in a 30
postgraduate medical education program following completion of a Board approved fifth 31
pathway program. 32 HOUSE BILL 232 41
14–506. 1
(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 2
under this title is entitled to sit for an examination as provided under this section or any 3
regulations adopted to carry out this section. 4
14–510. 5
(a) The Board may: 6
(1) License TO PRACTICE MEDICINE an applicant by virtue of the 7
conceded eminence and authority of the applicant in the profession if the applicant: 8
(i) Is recommended to the Board by: 9
1. The dean of a school of medicine in the State; or 10
2. The Director of the National Institutes of Health; 11
(ii) Is to receive an appointment at the institution making the 12
recommendation under item (i) of this paragraph; and 13
(iii) Meets any other requirement the Board may adopt by regulation 14
under this section; 15
(2) Define by regulation the term “conceded eminence and authority in the 16
profession” and, for this purpose, shall consider such criteria as: 17
(i) Academic appointments; 18
(ii) Length of time in the profession; 19
(iii) Scholarly publications; and 20
(iv) Professional accomplishments; 21
(3) Adopt regulations concerning the further qualifications of an applicant 22
for licensure, including conditions of employment, application procedures, and fees under 23
this section; 24
(4) Allow an exception to the general education and examination 25
requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 26
this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 27
14–301(A) THROUGH (C) of this [subtitle] TITLE; 28
42 HOUSE BILL 232
(5) Qualify, restrict, or otherwise limit a license granted under this section; 1
and 2
(6) Require a 6–month probationary period during which the medical 3
services performed by the applicant granted a license under this section are supervised by 4
another licensed physician. 5
14–511. 6
(b) A licensee on inactive status is exempt from the continuing education 7
requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 8
14–512. 9
(c) A licensee on emeritus status is exempt from the continuing education 10
requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 11
14–514. 12
(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 13
OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT E XCEEDING 14
$500. 15
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 16
SECTION INTO THE BOARD OF PHYSICIANS FUND. 17
14–515. 18
(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 19
IS MADE BY A PATIENT OR A FAMILY MEMBER O F A PATIENT BASED ON § 20
14–516(A)(22) OF THIS SUBTITLE, AND A FULL INVESTIGA TION RESULTS FROM TH AT 21
ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER FOR AN 22
INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 23
PRESENT AT OR AROUND THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 24
ALLEGATION OCCURRED . 25
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 26
BEING ASSIGNED A COMPLAINT UNDER § 14–401.1 OF THIS TITLE , THE 27
DISCIPLINARY PANEL M AY: 28
(I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 29
THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 30
THIS SECTION; OR 31
HOUSE BILL 232 43
(II) TAKE ANY APPROPRIATE AND IMMEDIA TE ACTION AS 1
NECESSARY. 2
(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 3
COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 4
THAT THE LICENSEE MA Y HAVE VIOLATED § 14–516(A)(22) OF THIS SUBTITLE , THE 5
DISCIPLINARY PANEL S HALL REFER THE ALLEGATION TO THE EN TITY OR ENTITIES 6
THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 7
SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEWS WITHIN THE 8
INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 9
(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 10
REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 11
UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 12
DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 13
(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 14
COMPLAINS COMPLAINTS THAT SET FORTH ALLEG ATIONS OF GROUNDS FO R 15
DISCIPLINARY ACTION UNDER § 14–516 OF THIS SUBTITLE. 16
(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 17
SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 18
CONFIDENTIAL PHYSICIAN PEE R REVIEW OF ALLEGATI ONS BASED ON § 19
14–516(A)(22) OF THIS SUBTITLE. 20
(2) A PEER REVIEWER SHALL : 21
(I) BE BOARD CERTIFIED ; 22
(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 23
HAND; 24
(III) HAVE RECEIVED A SPECI FIED AMOUNT O F MEDICAL 25
EXPERIENCE AND TRAIN ING; 26
(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 27
OWN LICENSE; 28
(V) RECEIVE TRAINING IN P EER REVIEW; 29
(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 30
AND 31
44 HOUSE BILL 232
(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGAGED 1
IN THE PRACTICE OF M EDICINE IN THE STATE. 2
(3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 3
HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 4
QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 5
14–516. 6
(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 7
disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 8
panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 9
a license if the licensee: 10
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 11
the applicant or licensee or for another; 12
(2) Fraudulently or deceptively uses a license; 13
(3) Is guilty of: 14
(i) Immoral conduct in the practice of medicine; or 15
(ii) Unprofessional conduct in the practice of medicine; 16
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
(5) Solicits or advertises in violation of [§ 14–503] § 14–514 of this [title] 19
SUBTITLE; 20
(6) Abandons a patient; 21
(7) Habitually is intoxicated; 22
(8) Is addicted to, or habitually abuses, any narcotic or controlled 23
dangerous substance as defined in § 5–101 of the Criminal Law Article; 24
(9) Provides professional services: 25
(i) While under the influence of alcohol; or 26
(ii) While using any narcotic or controlled dangerous substance, as 27
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 28
amounts or without valid medical indication; 29
HOUSE BILL 232 45
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 1
as to exploit the patient for financial gain; 2
(11) Willfully makes or files a false report or record in the practice of 3
medicine; 4
(12) Willfully fails to file or record any medical report as required under law, 5
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 6
to file or record the report; 7
(13) On proper request, and in accordance with the provisions of Title 4, 8
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 9
record to the patient, another physician, or hospital; 10
(14) Solicits professional patronage through an agent or other person or 11
profits from the acts of a person who is represented as an agent of the physician; 12
(15) Pays or agrees to pay any sum to any person for bringing or referring a 13
patient or accepts or agrees to accept any sum from any person for bringing or referring a 14
patient; 15
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 16
the laboratory for a test or test series for a patient, unless the licensed physician discloses 17
on the bill to the patient or third–party payor: 18
(i) The name of the laboratory; 19
(ii) The amount paid to the laboratory for the test or test series; and 20
(iii) The amount of procurement or processing charge of the licensed 21
physician, if any, for each specimen taken; 22
(17) Makes a willful misrepresentation in treatment; 23
(18) Practices medicine with an unauthorized person or aids an 24
unauthorized person in the practice of medicine; 25
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 26
OVERUTILIZATION OF health care services; 27
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 28
method, treatment, or medicine; 29
(21) Is disciplined by a licensing or disciplinary authority or convicted or 30
disciplined by a court of any state or country or disciplined by any branch of the United 31
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 46 HOUSE BILL 232
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 1
section; 2
(22) Fails to meet appropriate standards as determined by appropriate peer 3
review for the delivery of quality medical and surgical care performed in an outpatient 4
surgical facility, office, hospital, or any other location in this State; 5
(23) Willfully submits false statements to collect fees for which services are 6
not provided; 7
(24) Was subject to investigation or disciplinary action by a licensing or 8
disciplinary authority or by a court of any state or country for an act that would be grounds 9
for disciplinary action under this section and the licensee: 10
(i) Surrendered the license issued by the state or country to the 11
state or country; or 12
(ii) Allowed the license issued by the state or country to expire or 13
lapse; 14
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 15
of the Family Law Article; 16
(26) Fails to educate a patient being treated for breast cancer of alternative 17
methods of treatment as required by § 20–113 of the Health – General Article; 18
(27) Sells, prescribes, gives away, or administers drugs for illegal or 19
illegitimate medical purposes; 20
(28) Fails to comply with the provisions of § 12–102 of this article; 21
(29) Refuses, withholds from, denies, or discriminates against an individual 22
with regard to the provision of professional services for which the licensee is licensed and 23
qualified to render because the individual is HIV positive; 24
(30) Except as to an association that has remained in continuous existence 25
since July 1, 1963: 26
(i) Associates with a pharmacist as a partner or co–owner of a 27
pharmacy for the purpose of operating a pharmacy; 28
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 29
or 30
(iii) Contracts with a pharmacist for the purpose of operating a 31
pharmacy; 32
HOUSE BILL 232 47
(31) Except in an emergency life–threatening situation where it is not 1
feasible or practicable, fails to comply with the Centers for Disease Control and 2
Prevention’s guidelines on universal precautions; 3
(32) Fails to display the notice required under [§ 14–415] § 14–520 of this 4
subtitle; 5
(33) Fails to cooperate with a lawful investigation conducted by the Board 6
or a disciplinary panel; 7
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 8
Article; 9
(35) Is in breach of a service obligation resulting from the applicant’s or 10
licensee’s receipt of State or federal funding for the licensee’s medical education; 11
(36) Willfully makes a false representation when seeking or making 12
application for licensure or any other application related to the practice of medicine; 13
(37) By corrupt means, threats, or force, intimidates or influences, or 14
attempts to intimidate or influence, for the purpose of causing any person to withhold or 15
change testimony in hearings or proceedings before the Board or a disciplinary panel or 16
those otherwise delegated to the Office of Administrative Hearings; 17
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 18
delays any person from making information available to the Board or a disciplinary panel 19
in furtherance of any investigation of the Board or a disciplinary panel; 20
(39) Intentionally misrepresents credentials for the purpose of testifying or 21
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 22
panel or those otherwise delegated to the Office of Administrative Hearings; 23
(40) Fails to keep adequate medical records as determined by appropriate 24
peer review; 25
(41) Performs a cosmetic surgical procedure in an office or a facility that is 26
not: 27
(i) Accredited by: 28
1. The American Association for Accreditation of Ambulatory 29
Surgical Facilities; 30
2. The Accreditation Association for Ambulatory Health 31
Care; or 32
48 HOUSE BILL 232
3. The Joint Commission on the Accreditation of Healthcare 1
Organizations; or 2
(ii) Certified to participate in the Medicare program, as enacted by 3
Title XVIII of the Social Security Act; 4
(42) Fails to complete a criminal history records check under [§ 14–308.1] § 5
14–302 of this title; 6
(43) Except for the licensure process described under Subtitle 3A of this 7
title, violates any provision of this title, any rule or regulation adopted by the Board, or any 8
State or federal law pertaining to the practice of medicine; 9
(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 10
AND Subtitle 3 of this title; 11
(45) Fails to comply with § 1–223 of this article; or 12
(46) Fails to comply with the requirements of the Prescription Drug 13
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 14
14–517. 15
THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AND 16
MAINTAINED UNDE R § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 17
THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 18
THE LICENSEE, INCLUDING: 19
(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 20
ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUA TED FROM THE 21
SCHOOL; 22
(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 23
(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 24
RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 25
AMERICAN OSTEOPATHIC ASSOCIATION; 26
(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 27
PRIVILEGES; 28
(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 29
(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 30
MEDICAL ASSISTANCE PROGRAM; 31 HOUSE BILL 232 49
(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PROFESSIONAL 1
LIABILITY INSURANCE ; AND 2
(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 3
JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 4
RECENT 10–YEAR PERIOD. 5
14–518. 6
(a) (1) Each hospital and related institution shall submit to the Board a report 7
within 10 days after: 8
(i) The hospital or related institution denied the application of a 9
physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 10
privileges of a physician, or the physician resigned whether or not under formal accusation, 11
if the denial, limitation, reduction, change, termination, or resignation is for reasons that 12
might be grounds for disciplinary action under [§ 14–404] § 14–516 of this subtitle; 13
(ii) The hospital or related institution took any disciplinary action 14
against a salaried, licensed physician without staff privileges, including termination of 15
employment, suspension, or probation, for reasons that might be grounds for disciplinary 16
action under [§ 14–404] § 14–516 of this subtitle; 17
(iii) A licensed physician voluntarily resigned from the staff, employ, 18
or training program of the hospital or related institution for reasons that might be grounds 19
for disciplinary action under [§ 14–404] § 14–516 of this subtitle; or 20
(iv) The hospital or related institution placed any other restrictions 21
or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 22
paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 23
§ 14–516 of this subtitle. 24
14–519. 25
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 26
submit to the Board a report within 10 days after: 27
(i) The alternative health system denied the formal application of a 28
physician to contract with the alternative health system or limited, reduced, otherwise 29
changed, or terminated the contract of a physician, or the physician resigned whether or 30
not under formal accusation, if the denial, limitation, reduction, change, termination, or 31
resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 32
14–516 of this subtitle; or 33
50 HOUSE BILL 232
(ii) The alternative health system placed any other restrictions or 1
conditions on any licensed physician for any reasons that might be grounds for disciplinary 2
action under [§ 14–404] § 14–516 of this subtitle. 3
14–522. 4
(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 6
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
(2) THE BOARD SHALL PAY ANY PENALT Y COLLECTED UNDER TH IS 8
SECTION INTO THE BOARD OF PHYSICIANS FUND. 9
14–525. 10
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 11
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 12
EXCEEDING $5,000 OR IMPRISON MENT NOT EXCEEDING 5 YEARS OR BOTH . 13
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 14
SECTION INTO THE BOARD OF PHYSICIANS FUND. 15
[(b)] (C) (1) The Board shall investigate any alleged violation of this section 16
or [§ 14–507] § 14–524 of this [title] SUBTITLE and may enforce any provision of this title 17
by injunction or other appropriate proceedings. 18
[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 19
instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 20
SECTION. 21
14–526. 22
(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 23
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 24
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 25
(2) A PERSON W HO IS REQUIRED TO GI VE NOTICE UNDER THIS 26
SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE TO MAY BE 27
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $100. 28
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 29
SECTION INTO THE BOARD OF PHYSICIANS FUND. 30
14–528. 31
HOUSE BILL 232 51
(A) Except as otherwise provided in this title: 1
(1) A person may not practice, attempt to practice, or offer to practice 2
medicine in the State unless licensed by the Board; and 3
(2) A licensee on inactive status under [§ 14–320] § 14–511 of this subtitle 4
or emeritus status under [§ 14–320.1] § 14–512 of this subtitle may not: 5
(i) Practice, attempt to practice, or offer to practice medicine in the 6
State; or 7
(ii) Delegate medical acts. 8
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 9
PERSON WHO VIOLATES THIS SECTION IS: 10
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 11
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 12
BOTH; AND 13
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 14
BE LEVIED BY A DISCI PLINARY PANEL . 15
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 16
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 17
§ 14–306 OF THIS TITLE IF: 18
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 19
OF THE LICENSE; AND 20
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 21
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 22
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
14–529. 25
(a) Unless authorized to practice medicine under this title, a person may not 26
represent to the public, by description of services, methods, or procedures, or otherwise, 27
that the person is authorized to practice medicine in this State. 28
(b) Except as otherwise provided in this [article] TITLE, a person may not use the 29
words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent 30
that the person practices medicine, unless the person is: 31 52 HOUSE BILL 232
(1) Licensed to practice medicine under this title; 1
(2) A physician licensed by and residing in another jurisdiction, while 2
engaging in consultation with a physician licensed in this State; 3
(3) A physician employed by the federal government while performing 4
duties incident to that employment; 5
(4) A physician who resides in and is licensed to practice medicine by any 6
state adjoining this State and whose practice extends into this State; 7
(5) An individual in a postgraduate medical program that is accredited by 8
an accrediting organization recognized by the Board in regulations while the individual is 9
practicing medicine in the program; or 10
(6) A licensee who is on emeritus status under [§ 14–320.1] § 14–512 of 11
this [title] SUBTITLE, [provided that] IF the licensee does not represent to the public that 12
the licensee is authorized to practice medicine in the State. 13
(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 14
§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 15
word to describe the occupation of the individual as in phrases such as “physician’s 16
assistant” or “physician’s aide”. 17
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
PERSON WHO VIOLATES THIS SECTION IS: 19
(I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 20
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 21
BOTH; AND 22
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 23
BE LEVIED BY A DISCI PLINARY PANEL . 24
(2) THE PROVISIONS OF PA RAGRAPH (1) OF THIS SUBSECTION D O 25
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 26
§ 14–306 OF THIS TITLE IF: 27
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 28
OF THE LICENSE; AND 29
(II) THE FORMER LICENSEE H AS APPLIED F OR LICENSE 30
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 31
HOUSE BILL 232 53
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
14–5A–01. 3
(a) In this subtitle the following words have the meanings indicated. 4
(c) “Committee” means the Respiratory Care [Professional Standards] 5
ADVISORY Committee established under § 14–5A–05 of this subtitle. 6
14–5A–05. 7
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 8
the Board. 9
14–5A–06. 10
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
14–5A–08. 12
(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 13
licensed by the Board before the individual may practice respiratory care in this State. 14
(b) This section does not apply to: 15
[(1) An individual employed by the federal government as a respiratory care 16
practitioner while the individual is practicing within the scope of that employment; 17
(2)] (1) A respiratory care practitioner student enrolled in an education 18
program which is accredited by an approved accrediting organization while practicing 19
respiratory care in the program; or 20
[(3)] (2) An individual practicing respiratory care who is licensed by and 21
residing in another jurisdiction if: 22
(i) The individual is participating in the transportation of a patient 23
from that individual’s jurisdiction of licensure into the State; 24
(ii) The individual practices respiratory care only during the 25
transportation of the patient; 26
(iii) The individual does not practice respiratory care on another 27
individual who is not the patient being transported into the State; and 28
54 HOUSE BILL 232
(iv) The individual does not practice respiratory care in the State for 1
more than a total of 14 days within a calendar year. 2
14–5A–09. 3
[(a) To qualify for a license, an applicant shall be an individual who meets the 4
requirements of this section. 5
(b) The applicant shall be of good moral character. 6
(c) The applicant shall be at least 18 years old. 7
(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 8
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 9
(1) Meet] MEET any educational, training, or examination requirements 10
established by the Board including: 11
[(i)] (1) Graduation from an appropriate educational program as 12
determined by the Board; and 13
[(ii)] (2) Certification by a national certifying board approved by 14
the Board[; and 15
(2) Demonstrate oral and written competency in English as required by the 16
Board]. 17
[(e) The applicant shall complete a criminal history records check in accordance 18
with § 14–308.1 of this title.] 19
14–5A–17. 20
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 21
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 22
license to any applicant,] reprimand any licensee, place any licensee on probation, or 23
suspend or revoke a license, if the [applicant or] licensee: 24
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 25
the applicant, licensee, or for another; 26
(2) Fraudulently or deceptively uses a license; respiratory care; 27
(3) Is guilty of unprofessional or immoral conduct in the practice of 28
respiratory care; 29
HOUSE BILL 232 55
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
(5) Abandons a patient; 3
(6) Is habitually intoxicated; 4
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 5
substance as defined in § 5–101 of the Criminal Law Article; 6
(8) Provides professional services while: 7
(i) Under the influence of alcohol; or 8
(ii) Using any narcotic or controlled dangerous substance as defined 9
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 10
amounts or without valid medical indication; 11
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 12
patient so as to exploit the patient for financial gain; 13
(10) Willfully makes or files a false report or record in the practice of 14
respiratory care; 15
(11) Willfully fails to file or record any report as required under law, 16
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 17
to file or record a report; 18
(12) Breaches patient confidentiality; 19
(13) Pays or agrees to pay any sum or provide any form of remuneration or 20
material benefit to any person for bringing or referring a patient or accepts or agrees to 21
accept any sum or any form of remuneration or material benefit from an individual for 22
bringing or referring a patient; 23
(14) Knowingly makes a misrepresentation while practicing respiratory 24
care; 25
(15) Knowingly practices respiratory care with an unauthorized individual 26
or aids an unauthorized individual in the practice of respiratory care; 27
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 28
method, treatment, or medicine; 29
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 30
disciplined by a court of any state or country or is disciplined by any branch of the United 31
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 56 HOUSE BILL 232
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 1
Board’s disciplinary statutes; 2
(18) Fails to meet appropriate standards for the delivery of respiratory care 3
performed in any inpatient or outpatient facility, office, hospital or related institution, 4
domiciliary care facility, patient’s home, or any other location in this State; 5
(19) Knowingly submits false statements to collect fees for which services 6
are not provided; 7
(20) (i) Has been subject to investigation or disciplinary action by a 8
licensing or disciplinary authority or by a court of any state or country for an act that would 9
be grounds for disciplinary action under the Board’s disciplinary statutes; and 10
(ii) Has: 11
1. Surrendered the license issued by the state or country; or 12
2. Allowed the license issued by the state or country to expire 13
or lapse; 14
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 15
of the Family Law Article; 16
(22) Sells, prescribes, gives away, or administers drugs for illegal or 17
illegitimate medical purposes; 18
(23) Practices or attempts to practice beyond the authorized scope of 19
practice; 20
(24) Refuses, withholds from, denies, or discriminates against an individual 21
with regard to the provision of professional services for which the licensee is licensed and 22
qualified to render because the individual is HIV positive; 23
(25) Practices or attempts to practice a respiratory care procedure or uses or 24
attempts to use respiratory care equipment if the [applicant or] licensee has not received 25
education and training in the performance of the procedure or the use of the equipment; 26
(26) Fails to cooperate with a lawful investigation conducted by the Board 27
or a disciplinary panel; 28
(27) Fails to practice under the supervision of a physician or violates a 29
supervisory order of a supervising physician; or 30
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 31
14–302 of this title. 32
HOUSE BILL 232 57
14–5A–20. 1
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 2
attempt to practice, or offer to practice respiratory care in this State unless licensed to 3
practice respiratory care by the Board. 4
14–5A–21. 5
(a) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 6
person may not represent to the public by title, by description of services, methods, or 7
procedures, or otherwise, that the person is authorized to practice respiratory care in this 8
State. 9
(b) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 10
person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with 11
the intent to represent that the person practices respiratory care. 12
14–5A–22. 13
A person may not provide, attempt to provide, offer to provide, or represent that the 14
person provides respiratory care unless the respiratory care is provided by an individual 15
who is authorized to practice respiratory care under this [subtitle] TITLE. 16
14–5A–22.1. 17
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 18
may not employ or supervise an individual practicing respiratory care without a license. 19
14–5B–05. 20
(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 21
14–5B–07. 22
(a) (2) The failure of a licensed physician to properly supervise a licensee is 23
unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–516(A)(3) 24
of this title. 25
14–5B–08. 26
(a) (1) Except as otherwise provided in this [subtitle] TITLE, an individual 27
shall be licensed by the Board before the individual may practice radiation therapy, 28
radiography, nuclear medicine technology, or radiology assistance in this State. 29
(2) A radiologist assistant may not: 30
58 HOUSE BILL 232
(i) Interpret images; 1
(ii) Make diagnoses; or 2
(iii) Prescribe medications or therapies. 3
(b) This section does not apply to[: 4
(1) An individual employed by the federal government as a radiation 5
therapist, radiographer, a nuclear medicine technologist, or radiologist assistant while the 6
individual is practicing within the scope of that employment; or 7
(2) A] A radiation therapy student, a radiography student, a nuclear 8
medicine technology student, or a radiology assistant student enrolled in an education 9
program which is accredited by an approved accrediting organization while practicing 10
radiation therapy, radiography, nuclear medicine technology, or radiology assistance in 11
that program. 12
14–5B–09. 13
(a) [To qualify for a license, an applicant shall be an individual who meets the 14
requirements of this section. 15
(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 16
FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 17
TITLE, AN applicant shall[: 18
(1) Be of good moral character; 19
(2) Be at least 18 years old; 20
(3) Demonstrate oral and written competency in English as required by the 21
Board; 22
(4) Meet] MEET any educational, training, or examination requirements 23
established by the Board, including: 24
[(i)] (1) Graduation from an appropriate educational program as 25
determined by the Board; and 26
[(ii)] (2) Certification[; and 27
(5) Complete a criminal history records check in accordance with § 28
14–308.1 of this title]. 29
HOUSE BILL 232 59
[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 1
applicant shall: 2
(1) Be issued a general license to perform radiography; 3
(2) Complete an advanced academic program with a nationally recognized 4
radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 5
or graduate degree and incorporates a radiologist–directed clinical preceptorship; 6
(3) Be certified in advanced cardiac life support; and 7
(4) Be certified as a radiologist assistant by the American Registry of 8
Radiologic Technologists. 9
[(d)] (C) Except for requirements adopted by the Board for license renewal under 10
[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 11
construed to require an individual who is certified by the Board as a radiation 12
oncology/therapy technologist, medical radiation technologist, or nuclear medicine 13
technologist as of October 1, 2008, to meet additional education, training, or examination 14
requirements. 15
14–5B–11. 16
(a) Licensure as a radiation therapist authorizes an individual to practice 17
radiation therapy IN THE STATE while the license is effective. 18
(b) Licensure as a radiographer authorizes an individual to practice radiography 19
IN THE STATE while the license is effective. 20
(c) Licensure as a nuclear medicine technologist authorizes an individual to 21
practice nuclear medicine technology IN THE STATE while the license is effective. 22
(d) Licensure as a radiologist assistant authorizes an individual to practice 23
radiology assistance IN THE STATE while the license is effective. 24
14–5B–14. 25
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 27
license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
suspend or revoke a license, if the [applicant or] licensee: 29
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 30
the applicant, licensed individual, or for another; 31
(2) Fraudulently or deceptively uses a license; 32 60 HOUSE BILL 232
(3) Is guilty of unprofessional or immoral conduct in the practice of 1
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 2
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 3
CARRY OUT IMPO RTANT PROFESSIONAL A CTIVITIES; 4
(5) Abandons a patient; 5
(6) Is habitually intoxicated; 6
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 7
substance as defined in § 5–101 of the Criminal Law Article; 8
(8) Provides professional services while: 9
(i) Under the influence of alcohol; or 10
(ii) Using any narcotic or controlled dangerous substance as defined 11
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 12
amounts or without valid medical indication; 13
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 14
patient so as to exploit the patient for financial gain; 15
(10) Willfully makes or files a false report or record in the practice of 16
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 17
(11) Willfully fails to file or record any report as required under law, 18
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 19
to file or record a report; 20
(12) Breaches patient confidentiality; 21
(13) Pays or agrees to pay any sum or provide any form of remuneration or 22
material benefit to any person for bringing or referring a patient or accepts or agrees to 23
accept any sum or any form of remuneration or material benefit from an individual for 24
bringing or referring a patient; 25
(14) Knowingly makes a misrepresentation while practicing radiation 26
therapy, radiography, nuclear medicine technology, or radiology assistance; 27
(15) Knowingly practices radiation therapy, radiography, nuclear medicine 28
technology, or radiology assistance with an unauthorized individual or aids an 29
unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 30
technology, or radiology assistance; 31
HOUSE BILL 232 61
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 1
method, treatment, or medicine; 2
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 3
disciplined by a court of any state or country or is disciplined by any branch of the United 4
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 5
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 6
Board’s disciplinary statutes; 7
(18) Fails to meet appropriate standards for the delivery of quality radiation 8
therapy, radiography, nuclear medicine technology, or radiology assistance care performed 9
in any outpatient surgical facility, office, hospital or related institution, or any other 10
location in this State; 11
(19) Knowingly submits false statements to collect fees for which services 12
are not provided; 13
(20) (i) Has been subject to investigation or disciplinary action by a 14
licensing or disciplinary authority or by a court of any state or country for an act that would 15
be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
(ii) Has: 17
1. Surrendered the license issued by the state or country; or 18
2. Allowed the license issued by the state or country to expire 19
or lapse; 20
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 21
of the Family Law Article; 22
(22) Sells, prescribes, gives away, or administers drugs for illegal or 23
illegitimate medical purposes; 24
(23) Practices or attempts to practice beyond the authorized scope of 25
practice; 26
(24) Refuses, withholds from, denies, or discriminates against an individual 27
with regard to the provision of professional services for which the licensee is licensed and 28
qualified to render because the individual is HIV positive; 29
(25) Practices or attempts to practice a radiation therapy, radiography, 30
nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 31
radiography, nuclear medicine technology, or radiology assistance equipment if the 32
[applicant or] licensee has not received education, internship, training, or experience in the 33
performance of the procedure or the use of the equipment; 34
62 HOUSE BILL 232
(26) Fails to cooperate with a lawful investigation conducted by the Board 1
or a disciplinary panel; 2
(27) Fails to practice under the supervision of a physician or violates a 3
supervisory order of a supervising physician; or 4
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
14–302 of this title. 6
14–5B–17. 7
(a) Except as otherwise provided in this [subtitle] TITLE, a person may not 8
practice, attempt to practice, or offer to practice radiation therapy in this State unless 9
licensed to practice radiation therapy by the Board. 10
(b) Except as otherwise provided in this [subtitle] TITLE, a person may not 11
practice, attempt to practice, or offer to practice nuclear medicine technology in this State 12
unless licensed to practice nuclear medicine technology by the Board. 13
(c) Except as otherwise provided in this [subtitle] TITLE, a person may not 14
practice, attempt to practice, or offer to practice radiography in this State unless licensed 15
to practice radiography by the Board. 16
(d) Except as otherwise provided in this [subtitle] TITLE, a person may not 17
practice, attempt to practice, or offer to practice radiology assistance in this State unless 18
licensed to practice radiology assistance by the Board. 19
14–5B–18. 20
(b) A person may not provide, attempt to provide, offer to provide, or represent 21
that the person provides radiation therapy, radiography, nuclear medicine technology, or 22
radiology assistance care unless the radiation therapy, radiography, nuclear medicine 23
technology, or radiology assistance care is provided by an individual who is authorized to 24
practice radiation therapy, radiography, nuclear medicine technology, or radiology 25
assistance under this [subtitle] TITLE. 26
14–5B–18.1. 27
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 28
may not employ or supervise an individual practicing radiation therapy, radiography, 29
nuclear medicine technology, or radiology assistance without a license or temporary license. 30
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 31
institution, alternative health system, or employer may not employ an individual practicing 32
radiation therapy, radiography, nuclear medicine technology, or radiology assistance 33
without a license or temporary license. 34 HOUSE BILL 232 63
14–5C–01. 1
(a) In this subtitle the following words have the meanings indicated. 2
(c) “Committee” means the Polysomnography [Professional Standards] 3
ADVISORY Committee established under § 14–5C–05 of this subtitle. 4
14–5C–05. 5
There is a Polysomnography [Professional Standards] ADVISORY Committee within 6
the Board. 7
14–5C–06. 8
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 9
14–5C–08. 10
(b) This section does not apply to a student enrolled in an education program 11
under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 12
in that program. 13
14–5C–09. 14
[(a) To qualify for a license, an applicant shall be an individual who meets the 15
requirements of this section. 16
(b) The applicant shall: 17
(1) Be of good moral character; 18
(2) Be at least 18 years old; and 19
(3) Complete a criminal history records check in accordance with § 20
14–308.1 of this title. 21
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 22
SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 23
license shall: 24
(1) Have passed the national certifying examination given by the Board of 25
Registered Polysomnographic Technologists or another examination approved by the 26
Board; 27
64 HOUSE BILL 232
(2) Submit to the Board proof of certification as a registered 1
polysomnographic technologist or other national certification approved by the Board; 2
(3) (i) 1. Have graduated from a polysomnographic educational 3
program that is accredited by the Commission on Accreditation of Allied Health Education 4
Programs; or 5
2. A. Have graduated from a s leep technologist 6
educational program that is accredited by the American Academy of Sleep Medicine; and 7
B. Have completed a clinical component of an educational 8
program as established by the Committee and approved by the Board; 9
(ii) 1. Have graduated from a respiratory care educational 10
program that is accredited by the Commission on Accreditation of Allied Health Education 11
Programs; and 12
2. Have completed the Committee on Accreditation for 13
Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 14
Commission on Accreditation of Allied Health Education Programs; or 15
(iii) 1. Have graduated from an electroneuro –diagnostic 16
educational program that is accredited by the Commission on Accreditation of Allied Health 17
Education Programs; and 18
2. Have completed additional units, modules, and courses of 19
instruction focused on polysomnographic technology that are accredited by the Commission 20
on Accreditation of Allied Health Education Programs; and 21
(4) Meet any other educational or clinical requirements established by the 22
Committee and approved by the Board. 23
14–5C–10. 24
[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 25
14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 26
(1) Has passed the national certifying examination by the Board of 27
Registered Polysomnographic Technologists or another examination approved by the 28
Board; 29
(2) Is certified by the Board of Registered Polysomnographic Technologists 30
as a registered polysomnographic technologist; 31
(3) Has submitted an application for licensure to the Board; and 32
HOUSE BILL 232 65
(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 1
§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 2
[(b) (1) If an individual has not satisfied the requirements under subsection (a) 3
of this section on or before September 30, 2013, the individual may petition the Board for 4
an extension. 5
(2) The Board shall determine whether to grant an extension under this 6
subsection on a case–by–case basis.] 7
14–5C–17. 8
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 9
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 10
license to any applicant,] reprimand any licensee, place any licensee on probation, or 11
suspend or revoke a license, if the [applicant or] licensee: 12
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 13
the applicant, licensee, or for another; 14
(2) Fraudulently or deceptively uses a license; 15
(3) Is guilty of unprofessional or immoral conduct in the practice of 16
polysomnography; 17
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 18
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 19
(5) Abandons a patient; 20
(6) Is habitually intoxicated; 21
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
substance as defined in § 5–101 of the Criminal Law Article; 23
(8) Provides professional services while: 24
(i) Under the influence of alcohol; or 25
(ii) Using any narcotic or controlled dangerous substance as defined 26
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
amounts or without valid medical indication; 28
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 29
patient so as to exploit the patient for financial gain; 30
66 HOUSE BILL 232
(10) Willfully makes or files a false report or record in the practice of 1
polysomnography; 2
(11) Willfully fails to file or record any report as required under law, 3
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
to file or record a report; 5
(12) Breaches patient confidentiality; 6
(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
material benefit to any person for bringing or referring a patient or accepts or agrees to 8
accept any sum or any form of remuneration or material benefit from an individual for 9
bringing or referring a patient; 10
(14) Knowingly makes a misrepresentation while practicing 11
polysomnography; 12
(15) Knowingly practices polysomnography with an unauthorized individual 13
or aids an unauthorized individual in the practice of polysomnography; 14
(16) Knowingly delegates a polysomnographic duty to an unlicensed 15
individual; 16
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 17
method, treatment, or medicine; 18
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 19
disciplined by a court of any state or country or is disciplined by any branch of the United 20
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 21
be grounds for disciplinary action under the Board’s disciplinary statutes; 22
(19) Fails to meet appropriate standards for the delivery of 23
polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 24
center; 25
(20) Knowingly submits false statements to collect fees for which services 26
are not provided; 27
(21) (i) Has been subject to investigation or disciplinary action by a 28
licensing or disciplinary authority or by a court of any state or country for an act that would 29
be grounds for disciplinary action under the Board’s disciplinary statutes; and 30
(ii) Has: 31
1. Surrendered the license, if any, issued by the state or 32
country; or 33
HOUSE BILL 232 67
2. Allowed the license, if any, issued by the state or country 1
to expire or lapse; 2
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 3
of the Family Law Article; 4
(23) Sells, prescribes, gives away, or administers drugs for illegal or 5
illegitimate medical purposes; 6
(24) Practices or attempts to practice beyond the authorized scope of 7
practice; 8
(25) Refuses, withholds from, denies, or discriminates against an individual 9
with regard to the provision of professional services for which the licensee is licensed and 10
qualified to render because the individual is HIV positive; 11
(26) Practices or attempts to practice a polysomnography procedure or uses 12
or attempts to use polysomnography equipment if the [applicant or] licensee has not 13
received education and training in the performance of the procedure or the use of the 14
equipment; 15
(27) Fails to cooperate with a lawful investigation conducted by the Board; 16
or 17
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
14–302 of this title. 19
14–5C–20. 20
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 21
attempt to practice, or offer to practice polysomnography in this State unless licensed to 22
practice polysomnography by the Board. 23
14–5C–22. 24
A person may not provide, attempt to provide, offer to provide, or represent that the 25
person provides polysomnography unless the polysomnography is provided by an individual 26
who is authorized to practice polysomnography under this [subtitle] TITLE. 27
14–5C–22.1. 28
(a) Except as otherwise provided in this [subtitle] TITLE a licensed physician 29
may not employ or supervise an individual practicing polysomnography without a license. 30
14–5D–05. 31
68 HOUSE BILL 232
(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 1
14–5D–07. 2
(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 3
licensed by the Board before the individual may practice athletic training in the State. 4
(b) This section does not apply to: 5
[(1) An individual employed by the federal government as an athletic 6
trainer while the individual is practicing within the scope of that employment; 7
(2)] (1) An individual employed by or under contract with an entity 8
located in another state who represents that entity: 9
(i) At an athletic event in the State; 10
(ii) For a period of time not to exceed 45 days within a calendar year; 11
and 12
(iii) By providing athletic training services to individuals 13
representing the entity at the event; or 14
[(3)] (2) A student enrolled in an education program that meets the 15
criteria of [§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an 16
unpaid, clinical educational experience of athletic training. 17
14–5D–08. 18
[(a) To qualify for a license, an applicant shall be an individual who meets the 19
requirements of this section. 20
(b) The applicant shall: 21
(1) Be of good moral character; 22
(2) Be at least 18 years old; and 23
(3) Complete a criminal history records check in accordance with § 24
14–308.1 of this title.] 25
[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 26
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 27
(1) Have a current certification by a national certifying board approved by 28
the Board; AND 29 HOUSE BILL 232 69
(2) Have received a bachelor’s or master’s degree from an athletic training 1
educational program that is accredited by the Commission on Accreditation of Athletic 2
Training Education or its successor[; 3
(3) Demonstrate oral and written competency in English as required by the 4
Board; and 5
(4) Meet any other requirements established by the Board]. 6
[(d)] (B) The Board shall waive the education requirements under this section if 7
an individual was certified by the National Athletic Trainers’ Association Board of 8
Certification, Inc., on or before October 1, 2012, and is currently in good standing. 9
14–5D–10. 10
(a) An athletic trainer license authorizes the licensee to practice athletic training 11
services IN THE STATE while the license is effective. 12
14–5D–11.1. 13
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 14
may not employ or supervise an individual practicing athletic training without a license or 15
without an approved evaluation and treatment protocol. 16
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, an 17
institution, an alternative health system, or any other employer may not employ an 18
individual practicing athletic training without a license or without an approved evaluation 19
and treatment protocol. 20
14–5D–14. 21
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 23
license to any applicant,] reprimand any licensee, place any licensee on probation, or 24
suspend or revoke a license, if the [applicant or] licensee: 25
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
the [applicant,] licensee[,] or for another; 27
(2) Fraudulently or deceptively uses a license; 28
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 29
training; 30
70 HOUSE BILL 232
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
(5) Abandons a patient; 3
(6) Habitually is intoxicated; 4
(7) Is addicted to, or habitually abuses, any narcotic or controlled 5
dangerous substances as defined in § 5–101 of the Criminal Law Article; 6
(8) Provides professional services while: 7
(i) Under the influence of alcohol; or 8
(ii) Using any narcotic or controlled dangerous substance as defined 9
in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 10
amounts or without valid medical indication; 11
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 12
patient so as to exploit the patient for financial gain; 13
(10) Willfully makes or files a false report or record in the practice of athletic 14
training; 15
(11) Willfully fails to file or record any report as required under law, 16
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 17
to file or record the report; 18
(12) Breaches patient confidentiality; 19
(13) Pays or agrees to pay any sum or provide any form of remuneration or 20
material benefit to any individual for bringing or referring a patient or accepts or agrees to 21
accept any sum or any form of remuneration or material benefit from an individual for 22
bringing or referring a patient; 23
(14) Knowingly makes a misrepresentation while practicing athletic 24
training; 25
(15) Knowingly practices athletic training with an unauthorized individual 26
or aids an unauthorized individual in the practice of athletic trainer services; 27
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 28
method, treatment, or medicine; 29
(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 30
convicted or disciplined by a court of any state or country or is disciplined by any branch of 31
the United States uniformed services or the [Veterans Administration] U.S. 32 HOUSE BILL 232 71
DEPARTMENT OF VETERANS AFFAIRS for an act that would be grounds for disciplinary 1
action under this section; 2
(18) Fails to meet appropriate standards for the delivery of athletic training 3
services; 4
(19) Knowingly submits false statements to collect fees for which services 5
have not been provided; 6
(20) (i) Has been subject to investigation or disciplinary action by a 7
licensing or disciplinary authority or by a court of any state or country for an act that would 8
be grounds for disciplinary action under the Board’s disciplinary statutes; and 9
(ii) Has: 10
1. Surrendered the license issued by the state or country; or 11
2. Allowed the license issued by the state or country to expire 12
or lapse; 13
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 14
of the Family Law Article; 15
(22) Sells, prescribes, gives away, or administers drugs for illegal or 16
illegitimate medical purposes; 17
(23) Practices or attempts to practice beyond the authorized scope of 18
practice; 19
(24) Refuses, withholds from, denies, or discriminates against an individual 20
with regard to the provision of professional services for which the licensee is licensed and 21
qualified to render because the individual is HIV positive; 22
(25) Practices or attempts to practice an athletic training procedure or uses 23
or attempts to use athletic training equipment if the applicant or licensee has not received 24
education and training in the performance of the procedure or the use of the equipment; 25
(26) Fails to cooperate with a lawful investigation conducted by the Board 26
or a disciplinary panel; 27
(27) Fails to practice under the supervision of a physician or violates the 28
approved evaluation and treatment protocol; 29
(28) Violates an order of the Board or a disciplinary panel, including any 30
condition of probation; 31
72 HOUSE BILL 232
(29) Fails to complete a criminal history records check under [§ 14–308.1] § 1
14–302 of this title; or 2
(30) Performs dry needling without the approval of the Board issued under 3
§ 14–5D–11.4 of this subtitle. 4
14–5D–17. 5
Unless authorized to practice athletic training under this [subtitle] TITLE, a person 6
may not: 7
(1) Practice athletic training in this State; 8
(2) Attempt to practice or offer to practice athletic training in this State; 9
(3) Represent to the public by title, by description of services, methods, or 10
procedures, or otherwise, that the person is authorized to practice athletic training in this 11
State; or 12
(4) Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, 13
letters, or symbols with the intent to represent that the person practices athletic training. 14
14–5E–01. 15
(a) In this subtitle the following words have the meanings indicated. 16
(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 17
14–5E–09 of this subtitle, is: 18
(1) Enrolled in an accredited educational program to qualify for a license 19
under this subtitle; and 20
(2) Performing perfusion services within the accredited program under the 21
supervision of a licensed perfusionist and without compensation. 22
14–5E–06. 23
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
14–5E–08. 25
(a) Except as otherwise provided in this [subtitle] TITLE, on or after October 1, 26
2013, an individual shall be licensed by the Board before the individual may practice 27
perfusion in this State. 28
HOUSE BILL 232 73
(b) This section does not apply to a student enrolled in an education program 1
under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 2
program. 3
14–5E–09. 4
[(a) To qualify for a license, an applicant shall be an individual who meets the 5
requirements of this section. 6
(b) The applicant shall: 7
(1) Be of good moral character; 8
(2) Be at least 18 years old; and 9
(3) Complete a criminal history records check in accordance with § 10
14–308.1 of this title. 11
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 12
UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 13
(1) (i) Submit to the Board satisfactory evidence of certification as a 14
certified perfusionist or other national certification approved by the Board; and 15
(ii) Meet any other educational or clinical requirements established 16
by the Committee and approved by the Board; or 17
(2) (i) Submit to the Board satisfactory evidence of graduation from a 18
perfusion educational program that is accredited by the Commission on Accreditation of 19
Allied Health Education Programs, or the Commission’s predecessor or successor; and 20
(ii) Meet any other educational or clinical requirements established 21
by the Committee and approved by the Board. 22
14–5E–10. 23
(a) Except as provided in subsection (b) of this section, an applicant who 24
otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 25
entitled to be licensed for a single 2–year term before taking the national certifying 26
examination given by the American Board of Cardiovascular Perfusion or its successor 27
organization or another examination given or approved by the Board. 28
14–5E–13. 29
[(a) (1) A license expires on a date set by the Board, unless the license is 30
renewed for an additional term as provided in this section. 31 74 HOUSE BILL 232
(2) The term of a license issued by the Board may not exceed 3 years. 1
(b) At least 1 month before a license expires, the Board shall send to the licensed 2
perfusionist a renewal notice that states: 3
(1) The date on which the current license expires; 4
(2) The date by which the renewal application must be received by the 5
Board for the renewal to be issued and sent before the license expires; 6
(3) The amount of the renewal fee; and] 7
[(4)] (A) For licensees who qualified for an initial license under [§ 8
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO THE 9
LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 10
the licensee must submit satisfactory evidence of a passing score on the examination as 11
required under subsection [(c)(2)] (B) of this section. 12
[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 13
the licensed perfusionist periodically may renew it for an additional term, if the licensee: 14
(i) Otherwise is entitled to be licensed; 15
(ii) Is of good moral character; 16
(iii) Pays to the Board a renewal fee set by the Board; and 17
(iv) Except as provided in paragraph (2) of this subsection, submits 18
to the Board: 19
1. A renewal application on the form that the Board requires; 20
and 21
2. Satisfactory evidence of compliance with any continuing 22
education or competency requirements and other requirements set under this section for 23
license renewal.] 24
[(2)] (B) A licensee who qualified for an initial license under [§ 25
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 26
evidence of a passing score on the national certifying examination given by the American 27
Board of Cardiovascular Perfusion or its successor organization or another examination 28
given or approved by the Board. 29
HOUSE BILL 232 75
[(d) In addition to any other qualifications and requirements established by the 1
Board, the Board shall establish continuing education or competency requirements as a 2
condition of the renewal of a license under this section.] 3
[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 4
requirements of this section AND § 14–306 OF THIS TITLE. 5
(2) The Board may not renew the license of a licensee who fails to submit 6
satisfactory evidence of a passing score on the examination as required under subsection 7
[(c)(2)] (B) of this section. 8
[(f) The Board shall reinstate the license of an individual who has failed to renew 9
the license for any reason if the individual: 10
(1) Applies for reinstatement after the date the license expires; 11
(2) Meets the renewal requirements of this section; and 12
(3) Pays to the Board the reinstatement fee set by the Board. 13
(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 14
records check in accordance with § 14–308.1 of this title for: 15
(i) Renewal applicants as determined by regulations adopted by the 16
Board; and 17
(ii) Each former licensee who files for reinstatement under 18
subsection (f) of this section. 19
(2) On receipt of the criminal history record information of a licensee 20
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 21
disciplinary action should be taken, based on the criminal history record information, 22
against a licensee who renewed or reinstated a license, the Board shall consider: 23
(i) The age at which the crime was committed; 24
(ii) The nature of the crime; 25
(iii) The circumstances surrounding the crime; 26
(iv) The length of time that has passed since the crime; 27
(v) Subsequent work history; 28
(vi) Employment and character references; and 29
76 HOUSE BILL 232
(vii) Other evidence that demonstrates whether the licensee poses a 1
threat to the public health or safety. 2
(3) The Board may renew or reinstate a license only if the licensee or 3
applicant attests that the licensee or applicant has submitted to a criminal history records 4
check under § 14–308.1 of this title. 5
(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 6
education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 7
for failure of a licensee to obtain the continuing education credits required by the Board.] 8
14–5E–14. 9
[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 10
name or address within 60 days after the change. 11
(2) A licensed perfusionist who fails to comply with the requirements of 12
paragraph (1) of this subsection is subject to an administrative penalty of $100.] 13
[(b)] Each licensed perfusionist shall: 14
(1) Keep a copy of the license in the licensee’s employment file; and 15
(2) Make the license available for inspection on request. 16
14–5E–16. 17
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 19
license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
suspend or revoke a license, if the [applicant or] licensee: 21
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
the [applicant or] licensee or for another; 23
(2) Fraudulently or deceptively uses a license; 24
(3) Is guilty of unprofessional or immoral conduct in the practice of 25
perfusion; 26
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 27
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 28
(5) Abandons a patient; 29
(6) Is habitually intoxicated; 30 HOUSE BILL 232 77
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1
substance as defined in § 5–101 of the Criminal Law Article; 2
(8) Provides professional services while: 3
(i) Under the influence of alcohol; or 4
(ii) Using any narcotic or controlled dangerous substance as defined 5
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
amounts or without valid medical indication; 7
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
patient so as to exploit the patient for financial gain; 9
(10) Willfully makes or files a false report or record in the practice of 10
perfusion; 11
(11) Willfully fails to file or record any report as required under law, 12
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
to file or record a report; 14
(12) Breaches patient confidentiality; 15
(13) Pays or agrees to pay any sum or provide any form of remuneration or 16
material benefit to any person for bringing or referring a patient or accepts or agrees to 17
accept any sum or any form of remuneration or material benefit from an individual for 18
bringing or referring a patient; 19
(14) Knowingly makes a misrepresentation while practicing perfusion; 20
(15) Knowingly practices perfusion with an unauthorized individual or aids 21
an unauthorized individual in the practice of perfusion; 22
(16) Knowingly delegates a perfusion duty to an unlicensed individual; 23
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
method, treatment, or medicine; 25
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
disciplined by a court of any state or country or is disciplined by any branch of the United 27
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
be grounds for disciplinary action under the Board’s disciplinary statutes; 29
(19) Fails to meet appropriate standards for the delivery of perfusion 30
services; 31
78 HOUSE BILL 232
(20) Knowingly submits false statements to collect fees for which services 1
are not provided; 2
(21) (i) Has been subject to investigation or disciplinary action by a 3
licensing or disciplinary authority or by a court of any state or country for an act that would 4
be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
(ii) Has: 6
1. Surrendered the license, if any, issued by the state or 7
country; or 8
2. Allowed the license, if any, issued by the state or country 9
to expire or lapse; 10
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
of the Family Law Article; 12
(23) Sells, prescribes, gives away, or administers drugs for illegal or 13
illegitimate medical purposes; 14
(24) Practices or attempts to practice beyond the authorized scope of 15
practice; 16
(25) Refuses, withholds from, denies, or discriminates against an individual 17
with regard to the provision of professional services for which the licensee is licensed and 18
qualified to render because the individual is HIV positive; 19
(26) Practices or attempts to practice a perfusion procedure or uses or 20
attempts to use perfusion equipment if the applicant or licensee has not received education 21
and training in the performance of the procedure or the use of the equipment; 22
(27) Fails to cooperate with a lawful investigation of the Board or a 23
disciplinary panel; or 24
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
14–302 of this title. 26
14–5E–20. 27
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 28
attempt to practice, or offer to practice perfusion in this State unless licensed to practice 29
perfusion by the Board. 30
14–5E–21. 31
HOUSE BILL 232 79
(a) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 1
may not represent to the public by title, by description of services, methods, or procedures, 2
or otherwise, that the person is authorized to practice perfusion in this State. 3
(b) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 4
may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed 5
clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, 6
letters, or symbols with the intent to represent that the person practices perfusion, holds a 7
certificate as a certified clinical perfusionist issued by the American Board of 8
Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist 9
issued by the Board. 10
14–5E–22. 11
A person may not provide, attempt to provide, offer to provide, or represent that the 12
person provides perfusion services unless the perfusion is provided by an individual who is 13
authorized to practice perfusion under this [subtitle] TITLE. 14
14–5F–07. 15
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 16
14–5F–10. 17
(a) Beginning March 1, 2016, except as otherwise provided in this [subtitle] 18
TITLE, an individual shall be licensed by the Board before the individual may practice 19
naturopathic medicine in the State. 20
(b) This section does not apply to: 21
[(1) An individual who is employed by the United States government to 22
practice naturopathic medicine while practicing within the scope of that employment; 23
(2)] (1) A student who is enrolled in an approved naturopathic medical 24
program while the student is participating in a course of study under the supervision of a 25
licensed naturopathic doctor or a licensed professional in the field of study; 26
[(3)] (2) An individual who is licensed in another state to practice 27
naturopathic medicine and whose practice of naturopathic medicine in the State is limited 28
to examination, recommendation, or testimony in litigation; or 29
[(4)] (3) A naturopathic doctor licensed by and residing in another 30
jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic 31
doctor in the State about a particular patient and does not direct patient care. 32
80 HOUSE BILL 232
(c) The Board may not discriminate, in any manner, against any applicant or 1
licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, or 2
national origin. 3
14–5F–11. 4
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 5
TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 6
requirements of this section. 7
(b) The applicant shall be of good moral character. 8
(c) The] applicant shall be at least 21 years old. 9
[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 10
(1) Have a doctorate in naturopathic medicine from an approved 11
naturopathic medical program; and 12
(2) Pass the competency –based national naturopathic licensing 13
examination Part I and Part II administered by the North American Board of Naturopathic 14
Examiners, or its successor agency that has been nationally recognized to administer a 15
naturopathic examination that represents federal standards of education and training. 16
[(e)] (C) An applicant shall be physically and mentally capable of safely 17
practicing naturopathic medicine with or without reasonable accommodation. 18
[(f)] (D) If an applicant is licensed, certified, or registered to practice 19
naturopathic medicine or any other health occupation in another state, the applicant shall 20
be in good standing with the applicable state licensing, certification, or registration 21
authority. 22
[(g) An applicant shall complete a criminal history records check in accordance 23
with § 14–308.1 of this title.] 24
14–5F–12. 25
To apply for a license, an applicant shall: 26
[(1) Complete a criminal history records check in accordance with § 27
14–308.1 of this title; 28
(2) Submit an application to the Board on a form that the Board requires; 29
(3) Pay to the Board an application fee set by the Board;] 30
HOUSE BILL 232 81
[(4)] (1) If the applicant has been licensed, certified, or registered to 1
practice naturopathic medicine in another state, submit all evidence relating to: 2
(i) Any disciplinary action taken or any administrative penalties 3
assessed against the applicant by the appropriate state licensing, certification, or 4
registration authority; and 5
(ii) Any consent agreements the applicant entered into that contain 6
conditions placed on the applicant’s professional conduct and practice, including any 7
voluntary surrender of a license; 8
[(5)] (2) Complete and submit to the Board a Board–approved written 9
attestation that: 10
(i) States that the applicant has a collaboration and consultation 11
agreement with a physician licensed under this article; 12
(ii) Includes the name and license number of the physician with 13
whom the applicant has a collaboration and consultation agreement; 14
(iii) States that the applicant will refer patients to and consult with 15
physicians and other health care providers licensed or certified under this article as needed; 16
and 17
(iv) States that the applicant will require patients to sign a consent 18
form that states that the applicant’s practice of naturopathic medicine is limited to the 19
scope of practice identified in § 14–5F–14 of this subtitle; and 20
[(6)] (3) Inform the physician named in the attestation that the physician 21
has been named. 22
14–5F–15. 23
[(a) (1) The term of a license issued by the Board may not exceed 3 years. 24
(2) A license expires on a date set by the Board, unless the license is 25
renewed as provided in this section. 26
(b) At least 1 month before the license expires, the Board shall send to the licensee 27
a renewal notice that states: 28
(1) The date on which the current license expires; 29
(2) The date by which the renewal application must be received by the 30
Board for the renewal to be issued and mailed before the license expires; and 31
(3) The amount of the renewal fee. 32 82 HOUSE BILL 232
(c) The Board shall renew the license of a licensee who: 1
(1) Submits a renewal application on the form that the Board requires; 2
(2) Is of good moral character; 3
(3) Pays a renewal fee set by the Board; 4
(4) Is otherwise entitled to be licensed; 5
(5) Meets the continuing education requirements adopted by the Board; 6
and 7
(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 8
REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 9
evidence of biennial cardiopulmonary resuscitation certification. 10
[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 11
records check in accordance with § 14–308.1 of this title for: 12
(i) Renewal applicants as determined by regulations adopted by the 13
Board; and 14
(ii) Each former licensee who files for reinstatement under § 15
14–5F–16(b) of this subtitle. 16
(2) On receipt of the criminal history record information of a licensee 17
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 18
disciplinary action should be taken, based on the criminal history record information, 19
against a licensee who renewed or reinstated a license, the Board shall consider: 20
(i) The age at which the crime was committed; 21
(ii) The nature of the crime; 22
(iii) The circumstances surrounding the crime; 23
(iv) The length of time that has passed since the crime; 24
(v) Subsequent work history; 25
(vi) Employment and character references; and 26
(vii) Other evidence that demonstrates whether the licensee poses a 27
threat to the public health or safety. 28
HOUSE BILL 232 83
(3) The Board may renew or reinstate a license only if the licensee or 1
applicant attests that the licensee or applicant has submitted to a criminal history records 2
check under § 14–308.1 of this title. 3
(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 4
education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 5
for failure of a licensee to obtain the continuing education credits required by the Board.] 6
14–5F–16. 7
(a) [(1)] The Board may place a licensee on inactive status if the licensee 8
submits to the Board: 9
[(i)] (1) An application for inactive status on the form required by 10
the Board; and 11
[(ii)] (2) The inactive status fee set by the Board. 12
[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 13
on inactive status if the individual is otherwise entitled to be licensed under this subtitle 14
and submits to the Board: 15
[(i)] (1) Satisfactory evidence of compliance with the requirements 16
of [§ 14–308.1] § 14–302 of this title; 17
[(ii)] (2) Satisfactory evidence of compliance with the continuing 18
education requirements the Board adopts for this purpose; and 19
[(iii)] (3) A reinstatement fee set by the Board. 20
[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 21
to renew the license for any reason if the naturopathic doctor: 22
(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 23
(2) Pays to the Board a reinstatement fee set by the Board; and 24
(3) Submits to the Board satisfactory evidence of compliance with the 25
qualifications and requirements adopted by the Board under this subtitle for license 26
reinstatements.] 27
14–5F–18. 28
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30 84 HOUSE BILL 232
license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
suspend or revoke a license of any licensee if the [applicant or] licensee: 2
(1) Is habitually intoxicated, or is addicted to or habitually abuses any 3
narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 4
Article, or any drug without a valid prescription or indication, or provides professional 5
services while under the influence of alcohol or using any narcotic or controlled dangerous 6
substance, as defined in § 5–101 of the Criminal Law Article; 7
(2) Has been found to be mentally [incompetent] UNABLE TO CARRY OUT 8
IMPORTANT PROFESSION AL ACTIVITIES by a physician if [the mental incompetence 9
impairs the ability of the applicant or licensee to] THE LICENSEE’S ABILITY TO undertake 10
the practice of naturopathic medicine in a manner consistent with the safety of the public 11
IS IMPAIRED; 12
(3) Has entered into a consent agreement with or has been assessed an 13
administrative penalty by a licensing authority in another state; 14
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 15
license for [the applicant,] the licensee[,] or another; 16
(5) Has a license revoked or suspended, or was otherwise acted against, 17
including the denial of licensure, by the licensing authority of another state; 18
(6) Uses false, deceptive, or misleading advertising; 19
(7) Advertises, practices, or attempts to practice under a name other than 20
the [applicant’s or] licensee’s own name; 21
(8) Aids, assists, employs, or advises any unlicensed individual to practice 22
naturopathic medicine in violation of this subtitle; 23
(9) Willfully makes or files a false report or record in the practice of 24
naturopathic medicine; 25
(10) Willfully or negligently fails to file a report or record as required by law, 26
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 27
to file or record a report; 28
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 29
in any split–fee arrangement in any form with a licensed physician, organization, agency, 30
or other person, either directly or indirectly, for patients referred to health care providers; 31
(12) Exercises influence within a patient–doctor relationship for purposes of 32
engaging a patient in sexual activity; 33
HOUSE BILL 232 85
(13) Engages in sexual misconduct with a patient; 1
(14) Fails to keep written medical records justifying the course of treatment 2
of a patient; 3
(15) Engages in an act or omission that does not meet generally accepted 4
standards of practice of naturopathic medicine or of safe care of patients, whether or not 5
actual injury to a patient is established; 6
(16) Delegates professional responsibilities to an individual when the 7
licensee delegating the responsibilities knows or has reason to know that the individual is 8
not qualified by training, experience, or licensure to perform the responsibilities; 9
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 10
patient so as to exploit the patient for financial gain; 11
(18) Breaches patient confidentiality; 12
(19) Is guilty of unprofessional or immoral conduct in the practice of 13
naturopathic medicine; 14
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 15
method, treatment, or medicine; 16
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 17
of the Family Law Article; 18
(22) Sells, prescribes, gives away, or administers drugs for illegal or 19
illegitimate purposes; 20
(23) Denies or discriminates against an individual with regard to the 21
provision of professional services for which the licensee is licensed and qualified to render 22
because the individual is HIV positive; 23
(24) Fails to cooperate with a lawful investigation of the Board; 24
(25) Abandons a patient; 25
(26) Violates any provision of this title or any regulation adopted by the 26
Board; or 27
(27) Fails to complete a criminal history records check under [§ 14–308.1] § 28
14–302 of this title. 29
14–5F–21. 30
86 HOUSE BILL 232
[(a) The Board shall give notice and hold a hearing in accordance with the 1
Administrative Procedure Act. 2
(b) The individual may be represented at the hearing by counsel. 3
(c) Over the signature of an officer or the administrator of the Board, the Board 4
or a disciplinary panel may issue subpoenas and administer oaths in connection with any 5
investigation under this subtitle and any hearings or proceedings before the Board or a 6
disciplinary panel. 7
(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 8
disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 9
testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 10
may punish the person as for contempt of court. 11
(e) If, after due notice, the individual against whom the action is contemplated 12
fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 13
matter. 14
(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 15
PROCEDURE ACT , an individual is found in violation of § 14–5F–18 of this subtitle, the 16
individual shall pay the costs of the hearing as specified in a regulation adopted by the 17
Board. 18
14–5F–24. 19
(c) A disciplinary panel may not reinstate a surrendered or revoked license that 20
has been surrendered or revoked for a period of more than 1 year unless the licensee: 21
(1) Meets the requirements for reinstatement as established under this 22
title; and 23
(2) Completes a criminal history records check in accordance with [§ 24
14–308.1] § 14–302 of this title. 25
14–5F–29. 26
(a) Except as otherwise provided in this [subtitle] TITLE, an individual may not 27
practice, attempt to practice, or offer to practice naturopathic medicine in this State without 28
a license. 29
14–5G–08. 30
(a) Except as otherwise provided in this [subtitle] TITLE, on or after January 1, 31
2024, an individual shall be licensed by the Board before the individual may practice 32
genetic counseling in the State. 33 HOUSE BILL 232 87
(b) This section does not apply to: 1
[(1) An individual who is employed by the United States government to 2
practice genetic counseling while practicing within the scope of that employment;] 3
[(2)] (1) An individual who resides in and holds an active license in 4
another state if the individual is engaged in consultation with a physician or genetic 5
counselor licensed in the State about a particular patient and the individual: 6
(i) Does not order or coordinate genetic laboratory tests or other 7
diagnostic studies; and 8
(ii) Does not provide consultation in the State for more than a total 9
of 10 patients within a calendar year; or 10
[(3)] (2) A student enrolled in a genetic counseling training program that 11
is accredited by a national accrediting organization recognized by the Board in regulations 12
while the student is practicing genetic counseling in the program and doing the assigned 13
duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar 14
facility. 15
14–5G–09. 16
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 17
individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 18
(b) [The applicant must be of good moral character. 19
(c) The applicant must be at least 18 years old. 20
(d)] The applicant must be a graduate of an appropriate education program 21
approved by the Board. 22
[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 23
shall submit to the Board satisfactory evidence of certification by a national certifying 24
organization approved by the Board. 25
[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 26
(C) of this section, the applicant may qualify for licensure if the applicant: 27
(1) Has worked as a genetic counselor for: 28
(i) At least 10 years before January 1, 2024; and 29
88 HOUSE BILL 232
(ii) At least 5 consecutive years immediately preceding the date on 1
which the applicant submits the application for licensure; 2
(2) Has graduated from an education program approved by the Board; 3
(3) Submits to the Board three letters of recommendation from licensed 4
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 5
for licensure and who: 6
(i) Have worked with the applicant in an employment or 7
professional setting for 3 years before the applicant submits the application for licensure; 8
and 9
(ii) Can attest to the applicant’s competency in providing genetic 10
counseling services; and 11
(4) Applies for initial licensure on or before December 31, 2024. 12
[(g) The applicant shall complete a criminal history records check in accordance 13
with § 14–308.1 of this title.] 14
[(h)] (E) The applicant shall meet any additional education, training, or 15
examination requirements established by the Board. 16
14–5G–14. 17
(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 18
14–5G–18 of this subtitle to the same extent as a genetic counselor. 19
14–5G–17. 20
A disciplinary panel may issue a cease and desist order for[: 21
(1) Practicing genetic counseling without a license or with an unauthorized 22
person; or 23
(2) Supervising] SUPERVISING or aiding an unauthorized person in the 24
practice of genetic counseling. 25
14–5G–18. 26
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 27
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 28
license to any applicant,] reprimand any licensee, place any licensee on probation, or 29
suspend or revoke a license, if the [applicant or] licensee: 30
HOUSE BILL 232 89
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
the applicant or licensee or for another; 2
(2) Fraudulently or deceptively uses a license; 3
(3) Is guilty of unprofessional or immoral conduct while practicing genetic 4
counseling; 5
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 6
CARRY OUT IMPORTAN T PROFESSIONAL ACTIV ITIES; 7
(5) Abandons a patient; 8
(6) Is habitually intoxicated; 9
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 10
substance as defined in § 5–101 of the Criminal Law Article; 11
(8) Provides professional services while: 12
(i) Under the influence of alcohol; or 13
(ii) Using any narcotic or controlled dangerous substance as defined 14
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 15
amounts or without valid medical indication; 16
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 17
patient so as to exploit the patient for financial gain; 18
(10) Willfully makes or files a false report or record in the practice of genetic 19
counseling; 20
(11) Willfully fails to file or record any report as required under law, 21
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 22
to file or record a report; 23
(12) Breaches patient confidentiality; 24
(13) Pays or agrees to pay any sum or provide any form of remuneration or 25
material benefit to any person for bringing or referring a patient or accepts or agrees to 26
accept any sum or any form of remuneration or material benefit from an individual for 27
bringing or referring a patient; 28
(14) Knowingly makes a misrepresentation while practicing genetic 29
counseling; 30
90 HOUSE BILL 232
(15) Knowingly practices genetic counseling with an unauthorized 1
individual or aids an unauthorized individual in practicing genetic counseling; 2
(16) Knowingly delegates a genetic counseling duty to an unlicensed 3
individual; 4
(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 5
OVERUTILIZATION OF health care services; 6
(18) Offers, undertakes, or agrees to cure or treat disease by a secret 7
method, treatment, or medicine; 8
(19) Is disciplined by a licensing or disciplinary authority or is convicted or 9
disciplined by a court of any state or country or is disciplined by any branch of the United 10
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 11
be grounds for disciplinary action under the Board’s disciplinary statutes; 12
(20) Fails to meet appropriate standards for the delivery of genetic 13
counseling services; 14
(21) Knowingly submits false statements to collect fees for which services 15
are not provided; 16
(22) (i) Has been subject to investigation or disciplinary action by a 17
licensing or disciplinary authority or by a court of any state or country for an act that would 18
be grounds for disciplinary action under the Board’s disciplinary statutes; and 19
(ii) Has: 20
1. Surrendered the license, if any, issued by the state or 21
country; or 22
2. Allowed the license, if any, issued by the state or country 23
to expire or lapse; 24
(23) Knowingly fails to report suspected child abuse in violation of § 5–704 25
of the Family Law Article; 26
(24) Practices or attempts to practice beyond the authorized scope of 27
practice; 28
(25) Refuses, withholds from, denies, or discriminates against an individual 29
with regard to the provision of professional services for which the licensee is licensed and 30
qualified to render because the individual is HIV positive; 31
(26) Practices or attempts to practice genetic counseling procedures or uses 32
or attempts to use genetic assessments if the applicant or licensee has not received 33 HOUSE BILL 232 91
education and training in the performance of the procedure or the use of the genetic 1
assessment; 2
(27) Fails to cooperate with a lawful investigation of the Board or a 3
disciplinary panel; 4
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
14–302 of this title; or 6
(29) Violates any provision of this title or any rule or regulation pertaining 7
to genetic counseling that is adopted by the Board, the State, or the federal government. 8
14–5G–23. 9
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 10
attempt to practice, or offer to practice genetic counseling in this State unless licensed to 11
practice genetic counseling by the Board. 12
14–5G–24. 13
(a) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 14
a person may not represent to the public by title, by description of services, methods, or 15
procedures, or otherwise, that the person is authorized to practice genetic counseling in this 16
State. 17
(b) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 18
a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified 19
genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, 20
letters, or symbols with the intent to imply that the person practices genetic counseling or 21
is a certified genetic counselor or licensed genetic counselor. 22
14–5G–25. 23
A person may not provide, attempt to provide, offer to provide, or represent that the 24
person provides genetic counseling services unless the genetic counseling is provided by an 25
individual who is authorized to practice genetic counseling under this [subtitle] TITLE. 26
14–5G–26. 27
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed genetic 28
counselor or a licensed physician may not employ or supervise an individual practicing 29
genetic counseling without a license. 30
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 31
institution, alternative health system, or employer may not employ an individual practicing 32
genetic counseling without a license. 33 92 HOUSE BILL 232
SUBTITLE 5H. PHYSICIAN ASSISTANTS. 1
14–5H–01. 2
(a) In this [title] SUBTITLE the following words have the meanings indicated. 3
[(d) “Board” means the State Board of Physicians, established under § 14–201 of 4
this article.] 5
[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 6
[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 7
of the Criminal Law Article. 8
[(g)] (F) “Correctional facility” includes a State or local correctional facility. 9
[(h)] (G) “Delegated medical acts” means activities that constitute the practice 10
of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 11
[(i)] (H) “Delegation agreement” means a document that is executed by a 12
primary supervising physician and a physician assistant containing the requirements of [§ 13
15–302] § 14–5H–08 of this [title] SUBTITLE. 14
[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 15
under § 14–401 of this article.] 16
[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 17
article. 18
[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 19
promote the sale of the drug and is not intended for sale. 20
[(l)] (K) “Hospital” means: 21
(1) A hospital as defined under § 19–301 of the Health – General Article; 22
(2) A comprehensive care facility that: 23
(i) Meets the requirements of a hospital–based skilled nursing 24
facility under federal law; and 25
(ii) Offers acute care in the same building; and 26
HOUSE BILL 232 93
(3) An emergency room that is physically connected to a hospital or a 1
freestanding medical facility that is licensed under Title 19, Subtitle 3A of the 2
Health – General Article. 3
[(m)] (L) “License” means a license issued by the Board to a physician assistant 4
under this title. 5
[(n)] (M) “National certifying examination” means the Physician Assistant 6
National Certifying Examination administered by the National Commission on 7
Certification of Physician Assistants or its successor. 8
[(o)] (N) “Physician assistant” means an individual who is licensed under this 9
title to practice medicine with physician supervision. 10
[(p)] (O) “Practice as a physician assistant” means the performance of medical 11
acts that are: 12
(1) Delegated by a supervising physician to a physician assistant; 13
(2) Within the supervising physician’s scope of practice; and 14
(3) Appropriate to the physician assistant’s education, training, and 15
experience. 16
[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 17
alternate supervising physician to a physician assistant to: 18
(1) Prescribe and administer controlled dangerous substances, prescription 19
drugs, medical devices, and the oral, written, or electronic ordering of medications; and 20
(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 21
14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 22
[(r)] (Q) “Primary supervising physician” means a physician who: 23
(1) Completes a delegation agreement that meets the requirements under 24
[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 25
SUBTITLE and files a copy with the Board; 26
(2) Acts as the physician responsible to ensure that a physician assistant 27
practices medicine in accordance with this title and the regulations adopted under this title; 28
(3) Ensures that a physician assistant practices within the scope of practice 29
of the primary supervising physician or any designated alternate supervising physician; 30
and 31
94 HOUSE BILL 232
(4) Ensures that a list of alternate supervising physicians is maintained at 1
the practice setting. 2
[(s)] (R) “Public health facility” means a site where clinical public health 3
services are rendered under the auspices of the Department, a local health department in 4
a county, or the Baltimore City Health Department. 5
[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 6
(1) Of short duration of 72 hours or less; or 7
(2) Prior to obtaining a larger quantity of the drug to complete therapy. 8
[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 9
on–site supervision or immediately available direction for physician assistants performing 10
delegated medical acts. 11
(2) “Supervision” includes physician oversight of and acceptance of direct 12
responsibility for the patient services and care rendered by a physician assistant, including 13
continuous availability to the physician assistant in person, through written instructions, 14
or by electronic means and by designation of one or more alternate supervising physicians. 15
14–5H–02. 16
[(a)] A physician assistant may not practice within the scope of practice of any of 17
the following health occupations authorized under this article: 18
(1) Nursing; 19
(2) Optometry; 20
(3) Physical therapy; or 21
(4) Psychology. 22
[(b) This title does not limit the right of an individual to practice a health 23
occupation that the individual is authorized to practice under this article.] 24
14–5H–03. 25
(c) Except as otherwise provided under subsections (b) and (d) of this section, a 26
hospital, a related institution, an alternative health care system, or an employer of a 27
physician assistant shall report to the Board any limitation, reduction, or other change of 28
the terms of employment of the physician assistant or any termination of employment of 29
the physician assistant for any reason that might be grounds for disciplinary action under 30
[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 31 HOUSE BILL 232 95
(d) A hospital, related institution, alternative health care system, or employer 1
that has reason to know that a physician assistant has committed an action or has a 2
condition that might be grounds for reprimand or probation of the physician assistant or 3
suspension or revocation of the license of the physician assistant under [§ 15–314] § 4
14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 5
drug–impaired is not required to report to the Board if: 6
(1) The hospital, related institution, alternative health care system, or 7
employer knows that the physician assistant is: 8
(i) In an alcohol or drug treatment program that is accredited by the 9
Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 10
Department; or 11
(ii) Under the care of a health care practitioner who is competent 12
and capable of dealing with alcoholism and drug abuse; 13
(2) The hospital, related institution, alternative health care system, or 14
employer is able to verify that the physician assistant remains in the treatment program 15
until discharge; and 16
(3) The action or condition of the physician assistant has not caused injury 17
to any person while the physician assistant is practicing as a licensed physician assistant. 18
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 19
or drug treatment program that is accredited by the Joint Commission [on Accreditation of 20
Healthcare Organizations] or that is certified by the Department, the physician assistant 21
shall notify the hospital, related institution, alternative health care system, or employer of 22
the physician assistant’s decision to enter the treatment program. 23
14–5H–06. 24
(a) In addition to the powers set forth elsewhere in this title, the Committee, on 25
its initiative or on the Board’s request, may: 26
(1) Recommend to the Board regulations for carrying out the provisions of 27
this title; 28
(2) Recommend to the Board approval, modification, or disapproval of an 29
application for licensure or a delegation agreement; 30
(3) Report to the Board any conduct of a supervising physician or a 31
physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 32
or under [§ 14–404 of this article] § 14–516 OF THIS TITLE; and 33
96 HOUSE BILL 232
(4) Report to the Board any alleged unauthorized practice of a physician 1
assistant. 2
14–5H–07. 3
(c) Patient services that may be provided by a physician assistant include: 4
(1) (i) Taking complete, detailed, and accurate patient histories; and 5
(ii) Reviewing patient records to develop comprehensive medical 6
status reports; 7
(2) Performing physical examinations and recording all pertinent patient 8
data; 9
(3) Interpreting and evaluating patient data as authorized by the primary 10
or alternate supervising physician for the purpose of determining management and 11
treatment of patients; 12
(4) Initiating requests for or performing diagnostic procedures as indicated 13
by pertinent data and as authorized by the supervising physician; 14
(5) Providing instructions and guidance regarding medical care matters to 15
patients; 16
(6) Assisting the primary or alternate supervising physician in the delivery 17
of services to patients who require medical care in the home and in health care institutions, 18
including: 19
(i) Recording patient progress notes; 20
(ii) Issuing diagnostic orders; and 21
(iii) Transcribing or executing specific orders at the direction of the 22
primary or alternate supervising physician; and 23
(7) Exercising prescriptive authority under a delegation agreement and in 24
accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 25
(f) (1) Except as provided in [subsection (g) of this section, the following 26
individuals may practice as a physician assistant without a license: 27
(1) A] PARAGRAPH (2) OF THIS SUBSECTION , A physician assistant 28
student enrolled in a physician assistant educational program that is accredited by the 29
Accreditation Review Commission on Education for the Physician Assistant or its successor 30
and approved by the Board[; or 31
HOUSE BILL 232 97
(2) A physician assistant employed in the service of the federal government 1
while performing duties incident to that employment] MAY PRACTICE AS A PH YSICIAN 2
ASSISTANT WITHOUT A LICENSE. 3
[(g)] (2) A physician may not delegate prescriptive authority to a physician 4
assistant student in a training program that is accredited by the Accreditation Review 5
Commission on Education for the Physician Assistant or its successor. 6
[(h)] (G) (1) If a medical act that is to be delegated under this section is a part 7
of the practice of a health occupation that is regulated under this article by another board, 8
any rule or regulation concerning that medical act shall be adopted jointly by the State 9
Board of Physicians and the board that regulates the other health occupation. 10
(2) If the two boards cannot agree on a proposed rule or regulation, the 11
proposal shall be submitted to the Secretary for a final decision. 12
14–5H–08. 13
(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 14
authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 15
the physician delegating the duties, a primary supervising physician shall obtain the 16
Board’s approval of a delegation agreement that includes advanced duties in accordance 17
with subsubparagraph 2 of this subparagraph. 18
(g) If the Board determines that a primary or alternate supervising physician or 19
physician assistant is practicing in a manner inconsistent with the requirements of this 20
title [or Title 14 of this article], the Board on its own initiative or on the recommendation 21
of the Committee may demand modification of the practice, withdraw the approval of the 22
delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 23
other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 24
OR § 14–516 of this [article] TITLE. 25
(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 26
14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 27
agreement filed with the Board under this subtitle at any time. 28
(l) (2) If there is no designated alternate supervising physician or the 29
designated alternate supervising physician does not agree to supervise the physician 30
assistant, the physician assistant may not practice until the physician assistant receives 31
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 32
(m) A physician assistant whose delegation agreement is terminated may not 33
practice as a physician assistant until the physician assistant receives preliminary 34
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 35
14–5H–09. 36 98 HOUSE BILL 232
(a) If a delegation agreement does not include advanced duties or the advanced 1
duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 2
physician assistant may assume the duties under a delegation agreement on the date that 3
the Board acknowledges receipt of the completed delegation agreement. 4
(b) In this section, “pending” means that a delegation agreement that includes 5
delegation of advanced duties in a setting that does not meet the requirements under [§ 6
15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 7
Board for its approval, but: 8
(1) The Committee has not made a recommendation to the Board; or 9
(2) The Board has not made a final decision regarding the delegation 10
agreement. 11
14–5H–10. 12
(e) Before a physician assistant may renew a license for an additional 2–year 13
term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 14
submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 15
education within the previous 2 years. 16
14–5H–12. 17
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 18
TITLE, TO qualify for a license, an applicant shall: 19
[(1) Complete a criminal history records check in accordance with § 20
14–308.1 of this article; 21
(2) Be of good moral character; 22
(3) Demonstrate oral and written competency in the English language as 23
required by the Board; 24
(4) Be at least 18 years old; and 25
(5) (i)] (1) Be a graduate of a physician assistant training program 26
approved by the Board; or 27
[(ii)] (2) Have passed the physician assistant national certifying 28
examination administered by the National Commission on Certification of Physician 29
Assistants prior to 1986, maintained all continuing education and recertification 30
requirements, and been in continuous practice since passage of the examination. 31
HOUSE BILL 232 99
14–5H–14. 1
[(a)] Each licensee shall keep a license and delegation agreement for inspection at 2
the primary place of business of the licensee. 3
[(b) (1) Each licensee shall give the Board written notice of any change of name 4
or address within 60 days of the date of the change. 5
(2) A licensee who fails to comply with this subsection is subject to an 6
administrative penalty of $100.] 7
14–5H–15. 8
(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 9
Article, before the Board takes any action to reject or modify a delegation agreement or 10
advanced duty, the Board shall give the licensee the opportunity for a hearing before the 11
Board. 12
[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 13
Subtitle 2 of the State Government Article. 14
[(3)] (C) The Board may administer oaths in connection with any 15
proceeding under this section. 16
[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 17
sent to the last known address of the applicant or licensee. 18
[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 19
rejecting or modifying a delegation agreement or advanced duty may petition for judicial 20
review as allowed by the Administrative Procedure Act.] 21
14–5H–16. 22
(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 23
TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 24
reprimand any physician assistant, place any physician assistant on probation, or suspend 25
or revoke a license if the physician assistant: 26
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 27
the applicant or licensee or for another; 28
(2) Fraudulently or deceptively uses a license; 29
(3) Is guilty of: 30
(i) Immoral conduct in the practice of medicine; or 31 100 HOUSE BILL 232
(ii) Unprofessional conduct in the practice of medicine; 1
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 2
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 3
(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 4
[article] SUBTITLE; 5
(6) Abandons a patient; 6
(7) Habitually is intoxicated; 7
(8) Is addicted to, or habitually abuses, any narcotic or controlled 8
dangerous substance as defined in § 5–101 of the Criminal Law Article; 9
(9) Provides professional services: 10
(i) While under the influence of alcohol; or 11
(ii) While using any narcotic or controlled dangerous substance, as 12
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 13
amounts or without valid medical indication; 14
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 15
as to exploit the patient for financial gain; 16
(11) Willfully makes or files a false report or record in the practice of 17
medicine; 18
(12) Willfully fails to file or record any medical report as required under law, 19
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 20
to file or record the report; 21
(13) On proper request, and in accordance with the provisions of Title 4, 22
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 23
record to the patient, another physician, or hospital; 24
(14) Solicits professional patronage through an agent or other person or 25
profits from the acts of a person who is represented as an agent of the physician; 26
(15) Pays or agrees to pay any sum to any person for bringing or referring a 27
patient or accepts or agrees to accept any sum from any person for bringing or referring a 28
patient; 29
HOUSE BILL 232 101
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 1
the laboratory for a test or test series for a patient, unless the licensed physician assistant 2
discloses on the bill to the patient or third–party payor: 3
(i) The name of the laboratory; 4
(ii) The amount paid to the laboratory for the test or test series; and 5
(iii) The amount of procurement or processing charge of the licensed 6
physician, if any, for each specimen taken; 7
(17) Makes a willful misrepresentation in treatment; 8
(18) Practices medicine with an unauthorized person or aids an 9
unauthorized person in the practice of medicine; 10
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 11
OVERUTILIZATION OF health care services; 12
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 13
method, treatment, or medicine; 14
(21) Is disciplined by a licensing or disciplinary authority or convicted or 15
disciplined by a court of any state or country or disciplined by any branch of the United 16
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 17
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 18
section; 19
(22) Fails to meet appropriate standards for the delivery of quality medical 20
and surgical care performed in an outpatient surgical facility, office, hospital, or any other 21
location in this State; 22
(23) Willfully submits false statements to collect fees for which services are 23
not provided; 24
(24) Was subject to investigation or disciplinary action by a licensing or 25
disciplinary authority or by a court of any state or country for an act that would be grounds 26
for disciplinary action under this section and the licensee state or country; or: 27
(i) Surrendered the license issued by the state or country to the 28
state or country; or 29
(ii) Allowed the license issued by the state or country to expire or 30
lapse; 31
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 32
of the Family Law Article; 33 102 HOUSE BILL 232
(26) Fails to educate a patient being treated for breast cancer of alternative 1
methods of treatment as required by § 20–113 of the Health – General Article; 2
(27) Sells, prescribes, gives away, or administers drugs for illegal or 3
illegitimate medical purposes; 4
(28) Fails to comply with the provisions of § 12–102 of this article; 5
(29) Refuses, withholds from, denies, or discriminates against an individual 6
with regard to the provision of professional services for which the physician assistant is 7
licensed and qualified to render because the individual is HIV positive; 8
(30) Except as to an association that has remained in continuous existence 9
since July 1, 1963: 10
(i) Associates with a pharmacist as a partner or co–owner of a 11
pharmacy for the purpose of operating a pharmacy; 12
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 13
or 14
(iii) Contracts with a pharmacist for the purpose of operating a 15
pharmacy; 16
(31) Except in an emergency life–threatening situation where it is not 17
feasible or practicable, fails to comply with the Centers for Disease Control and 18
Prevention’s guidelines on universal precautions; 19
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 20
[article] TITLE; 21
(33) Fails to cooperate with a lawful investigation conducted by the Board 22
or a disciplinary panel; 23
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 24
Article; 25
(35) Is in breach of a service obligation resulting from the applicant’s or 26
licensee’s receipt of State or federal funding for the physician assistant’s medical education; 27
(36) Willfully makes a false representation when seeking or making 28
application for licensure or any other application related to the practice of medicine; 29
(37) By corrupt means, threats, or force, intimidates or influences, or 30
attempts to intimidate or influence, for the purpose of causing any person to withhold or 31 HOUSE BILL 232 103
change testimony in hearings or proceedings before the Board or a disciplinary panel or 1
those otherwise delegated to the Office of Administrative Hearings; 2
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 3
delays any person from making information available to the Board or a disciplinary panel 4
in furtherance of any investigation of the Board or a disciplinary panel; 5
(39) Intentionally misrepresents credentials for the purpose of testifying or 6
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 7
panel or those otherwise delegated to the Office of Administrative Hearings; 8
(40) Fails to keep adequate medical records; 9
(41) Performs delegated medical acts beyond the scope of the delegation 10
agreement filed with the Board or after notification from the Board that an advanced duty 11
has been disapproved; 12
(42) Performs delegated medical acts without the supervision of a physician; 13
(43) Fails to complete a criminal history records check under [§ 14–308.1] § 14
14–302 of this [article] TITLE; 15
(44) Fails to comply with the requirements of the Prescription Drug 16
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 17
(45) Fails to comply with any State or federal law pertaining to the practice 18
as a physician assistant. 19
(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 20
PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBSECTION (A) 21
OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 22
REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 23
PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 24
FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 25
REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 26
LICENSEE ON PROBATIO N. 27
(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION IN 28
THE GENERAL FUND OF THE STATE. 29
(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 30
DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 31
TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 32
14–5H–20. 33
104 HOUSE BILL 232
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 1
may not employ or supervise an individual practicing as a physician assistant who does not 2
have a license. 3
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 4
institution, alternative health care system, or employer may not employ an individual 5
practicing as a physician assistant who does not have a license. 6
14–5H–21. 7
(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 8
of this subtitle: 9
(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 10
exceeding $5,000 or imprisonment not exceeding 5 years or both; and 11
(2) Shall lose licensure as a physician assistant under this title. 12
(b) (1) In addition to the penalties under subsection (a) of this section, a person 13
who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 14
assessed by a disciplinary panel in an amount not exceeding $5,000. 15
(2) In addition to the penalties under paragraph (1) of this subsection, a 16
person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 17
civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 18
(3) The Board shall pay any civil penalty collected under this subsection 19
into the Board of Physicians Fund. 20
14–5H–22. 21
This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 22
14–5H–23. 23
Subject to the evaluation and reestablishment provisions of the Maryland Program 24
Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 25
SUBTITLE shall terminate and be of no effect after July 1, 2030. 26
Article – Transportation 27
13–616. 28
(a) (1) In this subtitle the following words have the meanings indicated. 29
HOUSE BILL 232 105
(7) “Licensed physician assistant” means an individual who is licensed 1
under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 2
with physician supervision. 3
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article – Health Occupations 6
14–3A–01. 7
The Interstate Medical Licensure Compact is enacted into law and entered into with 8
all other states legally joining in it in the form substantially as it appears in this section as 9
follows: 10
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 11
(b) (3) (i) The member board within the state selected as the state of 12
principal license shall, in the course of verifying eligibility, require the applicant to obtain 13
a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 14
including the use of the results of fingerprint or other biometric data checks compliant with 15
the requirements of the Federal Bureau of Investigation, with the exception of federal 16
employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 17
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
as follows: 19
Article – Tax – General 20
10–752. 21
(a) (1) In this section the following words have the meanings indicated. 22
(3) “Health care practitioner” means an individual who: 23
(i) is licensed to practice medicine under Title 14 of the Health 24
Occupations Article; 25
(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 26
the Health Occupations Article; or 27
(iii) is a registered nurse practitioner, as defined in § 8–101 of the 28
Health Occupations Article. 29
(d) (7) The Fund consists of: 30
106 HOUSE BILL 232
(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 1
the Health Occupations Article; 2
(ii) money appropriated in the State budget to the Fund; and of the 3
Fund. 4
(iii) any other money from any other source accepted for the benefit 5
of the Fund. 6
SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 7
Annotated Code of Maryland, in consultation with and subject to the approval of the 8
Department of Legislative Services, shall correct, with no further action required by the 9
General Assembly, cross–references and terminology rendered incorrect by this Act. The 10
publisher shall adequately describe any correction that is made in an editor’s note following 11
the section affected. 12
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. Section 4 of this Act shall remain effective until the taking effect of the 14
termination provision specified in Section 5 of Chapter 470 of the Acts of the General 15
Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 16
abrogated and of no further force and effect. Section 5 of this Act shall remain effective 17
until the taking effect of the termination provision specified in Section 6 of Chapters 153 18
and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 19
effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 20
may not be interpreted to have any effect on those termination provisions. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.