MD
Maryland House Bill HB232

Maryland 2024 Regular Session

Maryland House Bill HB232 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0232*
96
107 HOUSE BILL 232
118 J2 4lr0170
129 (PRE–FILED) CF SB 218
1310 By: Chair, Health and Government Operations Committee (By Request –
1411 Departmental – Health)
1512 Requested: September 13, 2023
1613 Introduced and read first time: January 10, 2024
1714 Assigned to: Health and Government Operations
18-Committee Report: Favorable with amendments
19-House action: Adopted
20-Read second time: February 6, 2024
21-
22-CHAPTER ______
15+
16+A BILL ENTITLED
2317
2418 AN ACT concerning 1
2519
2620 Physicians and Allied Health Professions – Reorganization and Revisions 2
2721
2822 FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
2923 and reorganizing certain provisions of law governing the State Board of Physicians 4
3024 and the regulation of physicians, physician assistants, and allied health professions; 5
3125 prohibiting the Board from releasing a list of applicants for licensure; altering 6
3226 physician, physician assistant, and allied health professional licensure exceptions 7
3327 for individuals in the service of the federal government; altering the grounds for 8
3428 discipline for physicians, physician assistants, and allied health professionals; 9
3529 repealing the requirement that the Board provide a certain data sheet; establishing 10
3630 the quorums for the allied health committees; and generally relating to the State 11
3731 Board of Physicians and the regulation of physicians, physician assistants, and allied 12
3832 health professionals. 13
3933
4034 BY repealing 14
4135 Article – Health Occupations 15
4236 Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 16
4337 14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 17
4438 14–5A–17.1, 14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 18
4539 14–5B–10, 14–5B–12, 14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 19
4640 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 20
4741 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 21
48-14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 22 2 HOUSE BILL 232
49-
50-
51-14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 1
52-14–5E–18.1, 14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 2
53-14–5F–17, 14–5F–23, 14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 3
54-14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 4
55-15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 5
56-15–315, 15–316, and 15–316.1 6
57- Annotated Code of Maryland 7
58- (2021 Replacement Volume and 2023 Supplement) 8
59-
60-BY renumbering 9
61- Article – Health Occupations 10
62-Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 11
63-14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 12
64-14–318 through 14–320, 14–320.1, 14–322, 14–404, 14–413 through 14–415, 13
65-14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 14
66-14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 15
67-15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 16
68-15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 17
69-15–502 18
70-to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 19
71-14–303, 14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 20
72-14–509 through 14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 21
73-14–414, 14–514, 14–527, 14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 22
74-14–529, 14–413, 14–522, 14–525, 14–5H–01 through 14–5H–03, 14–5H–04, 23
75-14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 24
76-14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 25
77-14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 26
78-respectively 27
79- Annotated Code of Maryland 28
80- (2021 Replacement Volume and 2023 Supplement) 29
81-
82-BY repealing and reenacting, without amendments, 30
83- Article – Alcoholic Beverages and Cannabis 31
84-Section 36–101(a) 32
85- Annotated Code of Maryland 33
86- (2016 Volume and 2023 Supplement) 34
87-
88-BY repealing and reenacting, with amendments, 35
89- Article – Alcoholic Beverages and Cannabis 36
90-Section 36–101(m)(1)(v)1. 37
91- Annotated Code of Maryland 38
92- (2016 Volume and 2023 Supplement) 39
93-
94-BY repealing and reenacting, with amendments, 40
95- Article – Correctional Services 41
96- Section 9–603(d)(2) 42
97- Annotated Code of Maryland 43 HOUSE BILL 232 3
98-
99-
100- (2017 Replacement Volume and 2023 Supplement) 1
101-
102-BY repealing and reenacting, with amendments, 2
103- Article – Courts and Judicial Proceedings 3
104- Section 5–106(r), 5–715(d), and 10–205(b) 4
42+14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 22
43+14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 23
44+14–5E–18.1, 14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 24
45+14–5F–17, 14–5F–23, 14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 25
46+14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 26
47+15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 27
48+15–315, 15–316, and 15–316.1 28 2 HOUSE BILL 232
49+
50+
51+ Annotated Code of Maryland 1
52+ (2021 Replacement Volume and 2023 Supplement) 2
53+
54+BY renumbering 3
55+ Article – Health Occupations 4
56+Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 5
57+14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 6
58+14–318 through 14–320, 14–320.1, 14–322, 14–404, 14–413 through 14–415, 7
59+14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 8
60+14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 9
61+15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 10
62+15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 11
63+15–502 12
64+to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 13
65+14–303, 14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14
66+14–509 through 14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 15
67+14–414, 14–514, 14–527, 14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 16
68+14–529, 14–413, 14–522, 14–525, 14–5H–01 through 14–5H–03, 14–5H–04, 17
69+14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 18
70+14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 19
71+14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 20
72+respectively 21
73+ Annotated Code of Maryland 22
74+ (2021 Replacement Volume and 2023 Supplement) 23
75+
76+BY repealing and reenacting, without amendments, 24
77+ Article – Alcoholic Beverages and Cannabis 25
78+Section 36–101(a) 26
79+ Annotated Code of Maryland 27
80+ (2016 Volume and 2023 Supplement) 28
81+
82+BY repealing and reenacting, with amendments, 29
83+ Article – Alcoholic Beverages and Cannabis 30
84+Section 36–101(m)(1)(v)1. 31
85+ Annotated Code of Maryland 32
86+ (2016 Volume and 2023 Supplement) 33
87+
88+BY repealing and reenacting, with amendments, 34
89+ Article – Correctional Services 35
90+ Section 9–603(d)(2) 36
91+ Annotated Code of Maryland 37
92+ (2017 Replacement Volume and 2023 Supplement) 38
93+
94+BY repealing and reenacting, with amendments, 39
95+ Article – Courts and Judicial Proceedings 40
96+ Section 5–106(r), 5–715(d), and 10–205(b) 41
97+ Annotated Code of Maryland 42 HOUSE BILL 232 3
98+
99+
100+ (2020 Replacement Volume and 2023 Supplement) 1
101+
102+BY repealing and reenacting, without amendments, 2
103+ Article – Health – General 3
104+ Section 4–201(a) and 5–601(a) 4
105105 Annotated Code of Maryland 5
106- (2020 Replacement Volume and 2023 Supplement) 6
107-
108-BY repealing and reenacting, without amendments, 7
106+ (2023 Replacement Volume) 6
107+
108+BY repealing and reenacting, with amendments, 7
109109 Article – Health – General 8
110- Section 4–201(a) and 5–601(a) 9
110+ Section 4–201(s), 5–601(v), and 18–214.1(b)(3) 9
111111 Annotated Code of Maryland 10
112112 (2023 Replacement Volume) 11
113113
114114 BY repealing and reenacting, with amendments, 12
115- Article – Health – General 13
116- Section 4–201(s), 5–601(v), and 18–214.1(b)(3) 14
117- Annotated Code of Maryland 15
118- (2023 Replacement Volume) 16
119-
120-BY repealing and reenacting, with amendments, 17
121- Article – Health Occupations 18
122-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
123-and (iv)1., 14–101(a–1), (g), (i), and (o), 14–205, 14–207(b) through (d) and (f), 20
124-14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5)(i) and (e) through (k), 21
125-14–402(a) and (c) through (f), 14–403(a), 14–405(a) and (g), 14–406, 14–409(a) 22
126-and (c), 14–411(d), (g), (h), (j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 23
127-14–5A–01(c), 14–5A–05, 14–5A–08, 14–5A–09, 14–5A–17(a), 14–5A–20, 24
128-14–5A–21, 14–5A–22, 14–5A–22.1(a), 14–5B–07(a)(2), 14–5B–08, 14–5B–09, 25
129-14–5B–11, 14–5B–14(a), 14–5B–17, 14–5B–18(b), 14–5B–18.1(a) and (b), 26
130-14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 27
131-14–5C–20, 14–5C–22, 14–5C–22.1(a), 14–5D–07, 14–5D–08, 14–5D–10(a), 28
132-14–5D–11.1(a) and (b), 14–5D–14(a), 14–5D–17, 14–5E–01(g), 14–5E–08(a) 29
133-and (b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 30
134-14–5E–20, 14–5E–21(a) and (b), 14–5E–22, 14–5F–10, 14–5F–11, 14–5F–12, 31
135-14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 14–5F–24(c), 14–5F–29(a), 32
136-14–5G–08, 14–5G–09, 14–5G–14(h), 14–5G–17, 14–5G–18(a), 14–5G–23, 33
137-14–5G–24(a) and (b), 14–5G–25, and 14–5G–26(a) and (b) 34
115+ Article – Health Occupations 13
116+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. 14
117+and (iv)1., 14–101(a–1), (g), (i), and (o), 14–205, 14–207(b) through (d) and (f), 15
118+14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5)(i) and (e) through (k), 16
119+14–402(a) and (c) through (f), 14–403(a), 14–405(a) and (g), 14–406, 14–409(a) 17
120+and (c), 14–411(d), (g), (h), (j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 18
121+14–5A–01(c), 14–5A–05, 14–5A–08, 14–5A–09, 14–5A–17(a), 14–5A–20, 19
122+14–5A–21, 14–5A–22, 14–5A–22.1(a), 14–5B–07(a)(2), 14–5B–08, 14–5B–09, 20
123+14–5B–11, 14–5B–14(a), 14–5B–17, 14–5B–18(b), 14–5B–18.1(a) and (b), 21
124+14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 22
125+14–5C–20, 14–5C–22, 14–5C–22.1(a), 14–5D–07, 14–5D–08, 14–5D–10(a), 23
126+14–5D–11.1(a) and (b), 14–5D–14(a), 14–5D–17, 14–5E–01(g), 14–5E–08(a) 24
127+and (b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 25
128+14–5E–20, 14–5E–21(a) and (b), 14–5E–22, 14–5F–10, 14–5F–11, 14–5F–12, 26
129+14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 14–5F–24(c), 14–5F–29(a), 27
130+14–5G–08, 14–5G–09, 14–5G–14(h), 14–5G–17, 14–5G–18(a), 14–5G–23, 28
131+14–5G–24(a) and (b), 14–5G–25, and 14–5G–26(a) and (b) 29
132+ Annotated Code of Maryland 30
133+ (2021 Replacement Volume and 2023 Supplement) 31
134+
135+BY repealing and reenacting, without amendments, 32
136+ Article – Health Occupations 33
137+ Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 34
138138 Annotated Code of Maryland 35
139139 (2021 Replacement Volume and 2023 Supplement) 36
140140
141-BY repealing and reenacting, without amendments, 37
141+BY adding to 37
142142 Article – Health Occupations 38
143- Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 39
144- Annotated Code of Maryland 40
145- (2021 Replacement Volume and 2023 Supplement) 41
146- 4 HOUSE BILL 232
147-
148-
149-BY adding to 1
150- Article – Health Occupations 2
151-Section 14–101(a–2), (n), and (p–1), 14–208, 14–404, 14–417, 14–504, 14–515, 3
152-14–517, 14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), 4
153-and 14–5F–07(g) 5
154- Annotated Code of Maryland 6
155- (2021 Replacement Volume and 2023 Supplement) 7
156-
157-BY repealing and reenacting, with amendments, 8
158- Article – Health Occupations 9
159-Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 10
160-14–413; 14–502, 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 11
161-14–511(b), 14–512(c), 14–516(a), 14–518(a)(1), 14–519(a)(1), 14–525(b) and (c), 12
162-14–528, and 14–529 to be under the amended subtitle “Subtitle 5. Physicians”; 13
163-and 14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), 14
164-(d), and (e)(1), 14–5H–06(a), 14–5H–07(c) and (f) through (h), 15
165-14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 14–5H–09(a) and (b), 16
166-14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 14–5H–16(a), 14–5H–20(a) 17
167-and (b), 14–5H–21, 14–5H–22, and 14–5H–23 18
168- Annotated Code of Maryland 19
169-(2021 Replacement Volume and 2023 Supplement) 20
170-(As enacted by Section 2 of this Act) 21
171-
172-BY adding to 22
173- Article – Health Occupations 23
174-Section 14–514(c) and (d), 14–522(c), 14–525(b), and 14–526(d); and 14–5H–16(c) 24
175-through (e) to be under the new subtitle “Subtitle 5H. Physician Assistants” 25
143+Section 14–101(a–2), (n), and (p–1), 14–208, 14–404, 14–417, 14–504, 14–515, 39
144+14–517, 14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), 40
145+and 14–5F–07(g) 41
146+ Annotated Code of Maryland 42 4 HOUSE BILL 232
147+
148+
149+ (2021 Replacement Volume and 2023 Supplement) 1
150+
151+BY repealing and reenacting, with amendments, 2
152+ Article – Health Occupations 3
153+Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 4
154+14–413; 14–502, 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 5
155+14–511(b), 14–512(c), 14–516(a), 14–518(a)(1), 14–519(a)(1), 14–525(b) and (c), 6
156+14–528, and 14–529 to be under the amended subtitle “Subtitle 5. Physicians”; 7
157+and 14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), 8
158+(d), and (e)(1), 14–5H–06(a), 14–5H–07(c) and (f) through (h), 9
159+14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 14–5H–09(a) and (b), 10
160+14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 14–5H–16(a), 14–5H–20(a) 11
161+and (b), 14–5H–21, 14–5H–22, and 14–5H–23 12
162+ Annotated Code of Maryland 13
163+(2021 Replacement Volume and 2023 Supplement) 14
164+(As enacted by Section 2 of this Act) 15
165+
166+BY adding to 16
167+ Article – Health Occupations 17
168+Section 14–514(c) and (d), 14–522(c), 14–525(b), and 14–526(d); and 14–5H–16(c) 18
169+through (e) to be under the new subtitle “Subtitle 5H. Physician Assistants” 19
170+ Annotated Code of Maryland 20
171+(2021 Replacement Volume and 2023 Supplement) 21
172+(As enacted by Section 2 of this Act) 22
173+
174+BY repealing 23
175+ Article – Health Occupations 24
176+ Section 14–5H–01(d) and (i–1) 25
176177 Annotated Code of Maryland 26
177178 (2021 Replacement Volume and 2023 Supplement) 27
178179 (As enacted by Section 2 of this Act) 28
179180
180-BY repealing 29
181- Article – Health Occupations 30
182- Section 14–5H–01(d) and (i–1) 31
181+BY repealing and reenacting, without amendments, 29
182+ Article – Transportation 30
183+ Section 13–616(a)(1) 31
183184 Annotated Code of Maryland 32
184-(2021 Replacement Volume and 2023 Supplement) 33
185-(As enacted by Section 2 of this Act) 34
186-
187-BY repealing and reenacting, without amendments, 35
188- Article – Transportation 36
189- Section 13–616(a)(1) 37
190- Annotated Code of Maryland 38
191- (2020 Replacement Volume and 2023 Supplement) 39
192-
193-BY repealing and reenacting, with amendments, 40
194- Article – Transportation 41
195- Section 13–616(a)(7) 42 HOUSE BILL 232 5
185+ (2020 Replacement Volume and 2023 Supplement) 33
186+
187+BY repealing and reenacting, with amendments, 34
188+ Article – Transportation 35
189+ Section 13–616(a)(7) 36
190+ Annotated Code of Maryland 37
191+ (2020 Replacement Volume and 2023 Supplement) 38
192+
193+BY repealing and reenacting, without amendments, 39
194+ Article – Tax – General 40
195+ Section 10–752(a)(1) 41 HOUSE BILL 232 5
196196
197197
198198 Annotated Code of Maryland 1
199- (2020 Replacement Volume and 2023 Supplement) 2
200-
201-BY repealing and reenacting, without amendments, 3
199+ (2022 Replacement Volume and 2023 Supplement) 2
200+
201+BY repealing and reenacting, with amendments, 3
202202 Article – Tax – General 4
203- Section 10–752(a)(1) 5
203+ Section 10–752(a)(3) and (d)(7) 5
204204 Annotated Code of Maryland 6
205205 (2022 Replacement Volume and 2023 Supplement) 7
206206
207-BY repealing and reenacting, with amendments, 8
208- Article – Tax – General 9
209- Section 10–752(a)(3) and (d)(7) 10
210- Annotated Code of Maryland 11
211- (2022 Replacement Volume and 2023 Supplement) 12
212-
213- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
214-That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14
215-14–5A–04, 14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 14–5A–17.1, 15
216-14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 16
217-14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 17
218-14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 18
219-14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 19
220-14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 20
221-14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 14–5F–17, 14–5F–23, 14–5G–02 21
222-through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 22
223-14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 23
224-through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health Occupations of the 24
225-Annotated Code of Maryland be repealed. 25
226-
227- SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 26
228-14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 27
229-14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–320.1, 14–322, 28
230-14–404, 14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 29
231-14–508, 14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 30
232-15–201, 15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 31
233-15–309, 15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 32
234-of Article – Health Occupations of the Annotated Code of Maryland be renumbered to be 33
235-Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 34
236-14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14–509 through 35
237-14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14–414, 14–514, 14–527, 36
238-14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 14–529, 14–413, 14–522, 14–525, 37
239-14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 38
240-14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 39
241-14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 40
242-respectively. 41
207+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
208+That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 9
209+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, 10
210+14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 11
211+14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 12
212+14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 13
213+14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 14
214+14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 15
215+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 16
216+through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 17
217+14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 18
218+through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health Occupations of the 19
219+Annotated Code of Maryland be repealed. 20
220+
221+ SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 21
222+14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 22
223+14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–320.1, 14–322, 23
224+14–404, 14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 24
225+14–508, 14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 25
226+15–201, 15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 26
227+15–309, 15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 27
228+of Article – Health Occupations of the Annotated Code of Maryland be renumbered to be 28
229+Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 29
230+14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14–509 through 30
231+14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14–414, 14–514, 14–527, 31
232+14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 14–529, 14–413, 14–522, 14–525, 32
233+14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 33
234+14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 34
235+14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 35
236+respectively. 36
237+
238+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 37
239+as follows: 38
240+
241+Article – Alcoholic Beverages and Cannabis 39
242+
243+36–101. 40
243244 6 HOUSE BILL 232
244245
245246
246- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
247-as follows: 2
248-
249-Article – Alcoholic Beverages and Cannabis 3
250-
251-36–101. 4
252-
253- (a) In this title the following words have the meanings indicated. 5
254-
255- (m) “Certifying provider” means an individual who: 6
256-
257- (1) (v) 1. has an active, unrestricted license to practice as a 7
258-physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 8
259-5H of the Health Occupations Article; 9
260-
261-Article – Correctional Services 10
262-
263-9–603. 11
264-
265- (d) (2) If an assessment conducted under paragraph (1) of this subsection 12
266-indicates opioid use disorder, an evaluation of the incarcerated individual shall be 13
267-conducted by a health care practitioner with prescriptive authority authorized under Title 14
268-8[,] OR Title 14[, or Title 15] of the Health Occupations Article. 15
269-
270-Article – Courts and Judicial Proceedings 16
271-
272-5–106. 17
273-
274- (r) A prosecution for an offense under [§ 14–601] § 14–528 of the Health 18
275-Occupations Article of practicing, attempting to practice, or offering to practice medicine 19
276-without a license shall be instituted within 3 years after the offense was committed. 20
277-
278-5–715. 21
279-
280- (d) Any person who acts in good faith is not civilly liable for giving any of the 22
281-information required under [§ 14–413 or § 14–414] § 14–518 OR § 14–519 of the Health 23
282-Occupations Article. 24
283-
284-10–205. 25
285-
286- (b) Records, reports, statements, notes, or information assembled or obtained by 26
287-the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 27
288-Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 28
289-Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 29
290-national organized medical society or research group that are declared confidential by § 30 HOUSE BILL 232 7
291-
292-
293-4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 1
294-Article, are not admissible in evidence in any proceeding. 2
295-
296-Article – Health – General 3
297-
298-4–201. 4
247+ (a) In this title the following words have the meanings indicated. 1
248+
249+ (m) “Certifying provider” means an individual who: 2
250+
251+ (1) (v) 1. has an active, unrestricted license to practice as a 3
252+physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 4
253+5H of the Health Occupations Article; 5
254+
255+Article – Correctional Services 6
256+
257+9–603. 7
258+
259+ (d) (2) If an assessment conducted under paragraph (1) of this subsection 8
260+indicates opioid use disorder, an evaluation of the incarcerated individual shall be 9
261+conducted by a health care practitioner with prescriptive authority authorized under Title 10
262+8[,] OR Title 14[, or Title 15] of the Health Occupations Article. 11
263+
264+Article – Courts and Judicial Proceedings 12
265+
266+5–106. 13
267+
268+ (r) A prosecution for an offense under [§ 14–601] § 14–528 of the Health 14
269+Occupations Article of practicing, attempting to practice, or offering to practice medicine 15
270+without a license shall be instituted within 3 years after the offense was committed. 16
271+
272+5–715. 17
273+
274+ (d) Any person who acts in good faith is not civilly liable for giving any of the 18
275+information required under [§ 14–413 or § 14–414] § 14–518 OR § 14–519 of the Health 19
276+Occupations Article. 20
277+
278+10–205. 21
279+
280+ (b) Records, reports, statements, notes, or information assembled or obtained by 22
281+the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 23
282+Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 24
283+Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 25
284+national organized medical society or research group that are declared confidential by § 26
285+4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 27
286+Article, are not admissible in evidence in any proceeding. 28
287+
288+Article – Health – General 29
289+
290+4–201. 30
291+
292+ (a) In this subtitle the following words have the meanings indicated. 31
293+ HOUSE BILL 232 7
294+
295+
296+ (s) “Physician assistant” means an individual who is licensed under Title [15] 14, 1
297+SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 2
298+supervision. 3
299+
300+5–601. 4
299301
300302 (a) In this subtitle the following words have the meanings indicated. 5
301303
302- (s) “Physician assistant” means an individual who is licensed under Title [15] 14, 6
304+ (v) “Physician assistant” means an individual who is licensed under Title [15] 14, 6
303305 SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 7
304306 supervision. 8
305307
306-5–601. 9
307-
308- (a) In this subtitle the following words have the meanings indicated. 10
309-
310- (v) “Physician assistant” means an individual who is licensed under Title [15] 14, 11
311-SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 12
312-supervision. 13
313-
314-18–214.1. 14
315-
316- (b) Notwithstanding any other provision of law, the following health care 15
317-providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 16
318-partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 17
319-making a personal physical assessment of the patient’s partner: 18
320-
321- (3) An authorized physician assistant licensed under Title [15] 14, 19
322-SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 20
323-14–5H–10 of the Health Occupations Article; and 21
324-
325-Article – Health Occupations 22
326-
327-1–302. 23
328-
329- (g) Subsection (d)(12) of this section may not be construed to: 24
330-
331- (4) Permit an arrangement that violates: 25
332-
333- (i) [§ 14–404(a)(15)] § 14–516(A)(15) of this article; or 26
334-
335-1–306. 27
336-
337- (e) This section does not prohibit: 28
338- 8 HOUSE BILL 232
339-
340-
341- (2) A health care practitioner who takes a Pap test specimen from a patient 1
342-and who orders but does not supervise or perform an anatomic pathology service on the 2
343-specimen, from billing a patient or payor for the service, provided the health care 3
344-practitioner complies with: 4
345-
346- (i) The disclosure requirements of [§ 14–404(a)(16)] § 5
347-14–516(A)(16) of this article; and 6
348-
349-8–205. 7
350-
351- (a) In addition to the powers and duties set forth elsewhere in this title, the Board 8
352-has the following powers and duties: 9
353-
354- (3) To adopt rules and regulations for the performance of delegated medical 10
355-functions that are recognized jointly by the State Board of Physicians and the State Board 11
356-of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 12
357-
358-11–404.2. 13
359-
360- (h) A therapeutically certified optometrist shall be: 14
361-
362- (2) Required to comply with the notice requirement under [§ 14–508] § 15
363-14–521 of this article. 16
364-
365-12–102. 17
366-
367- (c) (2) This title does not prohibit: 18
368-
369- (iii) A licensed physician from dispensing a topical medication 19
370-without obtaining the permit required under item (ii)1C of this paragraph or completing 20
371-the continuing education required under item (ii)4M of this paragraph when the physician: 21
372-of this article; 22
373-
374- 2. Has obtained a special written permit under [§ 14–509] § 23
375-14–523 of this article; 24
376-
377- (iv) A licensed physician who complies with the requirements of item 25
378-(ii) of this paragraph from personally preparing and dispensing a prescription written by: 26
379-
380- 1. A physician assistant in accordance with a delegation 27
381-agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 28
382-
383-14–101. 29
384-
385- (a) In this title the following words have the meanings indicated. 30
386- HOUSE BILL 232 9
387-
388-
389- (a–1) “Allied health professional” means an individual licensed by the Board under 1
390-Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 2
391-
392- (A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 3
393-LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 4
394-
395- (g) “License” means, unless the context requires otherwise, a license issued by the 5
396-Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 6
397-BOARD. 7
398-
399- (i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 8
400-issued], including an individual practicing medicine within or as a professional corporation 9
401-or professional association. 10
402-
403- (N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 11
404-UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 12
405-SUPERVISION. 13
406-
407- (o) (1) “Practice medicine” means to engage, with or without compensation, in 14
408-medical: 15
409-
410- (i) Diagnosis; 16
411-
412- (ii) Healing; 17
413-
414- (iii) Treatment; or 18
415-
416- (iv) Surgery. 19
417-
418- (2) “Practice medicine” includes doing, undertaking, professing to do, and 20
419-attempting any of the following: 21
420-
421- (i) Diagnosing, healing, treating, preventing, prescribing for, or 22
422-removing any physical, mental, or emotional ailment or supposed ailment of an individual: 23
423-
424- 1. By physical, mental, emotional, or other process that is 24
425-exercised or invoked by the practitioner, the patient, or both; or 25
426-
427- 2. By appliance, test, drug, operation, or treatment; 26
428-
429- (ii) Ending of a human pregnancy; and 27
430-
431- (iii) Performing acupuncture as provided under [§ 14–504] § 14–527 28
432-of this title. 29
433-
434- (3) “Practice medicine” does not include: 30 10 HOUSE BILL 232
435-
436-
437-
438- (i) Selling any nonprescription drug or medicine; 1
439-
440- (ii) Practicing as an optician; or 2
441-
442- (iii) Performing a massage or other manipulation by hand, but by no 3
443-other means. 4
444-
445- (P–1) “REHABILITATION PROGRA M” MEANS THE PROGRAM OF THE BOARD OR 5
446-THE NONPROFIT ENTITY WITH WHICH THE BOARD CONTRACTS UNDER § 14–401.1(D) 6
447-OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO IMPA IRED 7
448-PHYSICIANS AND OTHER HEALTH PROFESSIONALS REGULA TED BY THE BOARD WHO 8
449-ARE DIRECTED BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR 9
450-ALCOHOLISM , CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR 10
451-MENTAL CONDITIONS . 11
452-
453-14–205. 12
454-
455- (a) In addition to the powers and duties set forth in this title [and in Title 15 of 13
456-this article], the Board shall: 14
457-
458- (1) Enforce this title [and Title 15 of this article]; 15
459-
460- (2) Adopt regulations to carry out the provisions of this title [and Title 15 16
461-of this article]; 17
462-
463- (3) Establish policies for Board operations; 18
464-
465- (4) Maintain the rules, regulations, and policies of the Board so that the 19
466-rules, regulations, and policies reflect the current practices of the Board; 20
467-
468- (5) Oversee: 21
469-
470- (i) The licensing requirements for physicians and the allied health 22
471-professionals; and 23
472-
473- (ii) The issuance and renewal of licenses; 24
474-
475- (6) Maintain secure and complete records; 25
476-
477- (7) Review and preliminarily investigate complaints, including 26
478-acknowledging receipt of complaints and informing complainants of the final disposition of 27
479-complaints; 28
480-
481- (8) Develop and implement methods to: 29
308+18–214.1. 9
309+
310+ (b) Notwithstanding any other provision of law, the following health care 10
311+providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 11
312+partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 12
313+making a personal physical assessment of the patient’s partner: 13
314+
315+ (3) An authorized physician assistant licensed under Title [15] 14, 14
316+SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 15
317+14–5H–10 of the Health Occupations Article; and 16
318+
319+Article – Health Occupations 17
320+
321+1–302. 18
322+
323+ (g) Subsection (d)(12) of this section may not be construed to: 19
324+
325+ (4) Permit an arrangement that violates: 20
326+
327+ (i) [§ 14–404(a)(15)] § 14–516(A)(15) of this article; or 21
328+
329+1–306. 22
330+
331+ (e) This section does not prohibit: 23
332+
333+ (2) A health care practitioner who takes a Pap test specimen from a patient 24
334+and who orders but does not supervise or perform an anatomic pathology service on the 25
335+specimen, from billing a patient or payor for the service, provided the health care 26
336+practitioner complies with: 27
337+
338+ (i) The disclosure requirements of [§ 14–404(a)(16)] § 28
339+14–516(A)(16) of this article; and 29
340+
341+8–205. 30 8 HOUSE BILL 232
342+
343+
344+
345+ (a) In addition to the powers and duties set forth elsewhere in this title, the Board 1
346+has the following powers and duties: 2
347+
348+ (3) To adopt rules and regulations for the performance of delegated medical 3
349+functions that are recognized jointly by the State Board of Physicians and the State Board 4
350+of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 5
351+
352+11–404.2. 6
353+
354+ (h) A therapeutically certified optometrist shall be: 7
355+
356+ (2) Required to comply with the notice requirement under [§ 14–508] § 8
357+14–521 of this article. 9
358+
359+12–102. 10
360+
361+ (c) (2) This title does not prohibit: 11
362+
363+ (iii) A licensed physician from dispensing a topical medication 12
364+without obtaining the permit required under item (ii)1C of this paragraph or completing 13
365+the continuing education required under item (ii)4M of this paragraph when the physician: 14
366+of this article; 15
367+
368+ 2. Has obtained a special written permit under [§ 14–509] § 16
369+14–523 of this article; 17
370+
371+ (iv) A licensed physician who complies with the requirements of item 18
372+(ii) of this paragraph from personally preparing and dispensing a prescription written by: 19
373+
374+ 1. A physician assistant in accordance with a delegation 20
375+agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 21
376+
377+14–101. 22
378+
379+ (a) In this title the following words have the meanings indicated. 23
380+
381+ (a–1) “Allied health professional” means an individual licensed by the Board under 24
382+Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 25
383+
384+ (A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 26
385+LICENSURE AS A PHYSI CIAN OR ALLIED HEALTH PRO FESSIONAL IN THE STATE. 27
386+
387+ (g) “License” means, unless the context requires otherwise, a license issued by the 28
388+Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 29
389+BOARD. 30 HOUSE BILL 232 9
390+
391+
392+
393+ (i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 1
394+issued], including an individual practicing medicine within or as a professional corporation 2
395+or professional association. 3
396+
397+ (N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL WHO IS LICENSED 4
398+UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 5
399+SUPERVISION. 6
400+
401+ (o) (1) “Practice medicine” means to engage, with or without compensation, in 7
402+medical: 8
403+
404+ (i) Diagnosis; 9
405+
406+ (ii) Healing; 10
407+
408+ (iii) Treatment; or 11
409+
410+ (iv) Surgery. 12
411+
412+ (2) “Practice medicine” includes doing, undertaking, professing to do, and 13
413+attempting any of the following: 14
414+
415+ (i) Diagnosing, healing, treating, preventing, prescribing for, or 15
416+removing any physical, mental, or emotional ailment or supposed ailment of an individual: 16
417+
418+ 1. By physical, mental, emotional, or other process that is 17
419+exercised or invoked by the practitioner, the patient, or both; or 18
420+
421+ 2. By appliance, test, drug, operation, or treatment; 19
422+
423+ (ii) Ending of a human pregnancy; and 20
424+
425+ (iii) Performing acupuncture as provided under [§ 14–504] § 14–527 21
426+of this title. 22
427+
428+ (3) “Practice medicine” does not include: 23
429+
430+ (i) Selling any nonprescription drug or medicine; 24
431+
432+ (ii) Practicing as an optician; or 25
433+
434+ (iii) Performing a massage or other manipulation by hand, but by no 26
435+other means. 27
436+
437+ (P–1) “REHABILITATION PROGRA M” MEANS THE PROGRAM OF THE BOARD OR 28 10 HOUSE BILL 232
438+
439+
440+THE NONPROFIT ENTITY WITH WHICH THE BOARD CONTRACTS UNDER § 14–401.1(D) 1
441+OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO IMPA IRED 2
442+PHYSICIANS AND OTHER HEALTH PROF ESSIONALS REGULATED BY THE BOARD WHO 3
443+ARE DIRECTED BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR 4
444+ALCOHOLISM , CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR 5
445+MENTAL CONDITIONS . 6
446+
447+14–205. 7
448+
449+ (a) In addition to the powers and duties set forth in this title [and in Title 15 of 8
450+this article], the Board shall: 9
451+
452+ (1) Enforce this title [and Title 15 of this article]; 10
453+
454+ (2) Adopt regulations to carry out the provisions of this title [and Title 15 11
455+of this article]; 12
456+
457+ (3) Establish policies for Board operations; 13
458+
459+ (4) Maintain the rules, regulations, and policies of the Board so that the 14
460+rules, regulations, and policies reflect the current practices of the Board; 15
461+
462+ (5) Oversee: 16
463+
464+ (i) The licensing requirements for physicians and the allied health 17
465+professionals; and 18
466+
467+ (ii) The issuance and renewal of licenses; 19
468+
469+ (6) Maintain secure and complete records; 20
470+
471+ (7) Review and preliminarily investigate complaints, including 21
472+acknowledging receipt of complaints and informing complainants of the final disposition of 22
473+complaints; 23
474+
475+ (8) Develop and implement methods to: 24
476+
477+ (i) Assess and improve licensee practices; and 25
478+
479+ (ii) Ensure the ongoing competence of licensees; 26
480+
481+ (9) Ensure that an opportunity for a hearing is provided to an individual, 27
482+in accordance with law, before any action is taken against the individual; 28
483+
484+ (10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 29
482485 HOUSE BILL 232 11
483486
484487
485- (i) Assess and improve licensee practices; and 1
486-
487- (ii) Ensure the ongoing competence of licensees; 2
488-
489- (9) Ensure that an opportunity for a hearing is provided to an individual, 3
490-in accordance with law, before any action is taken against the individual; 4
491-
492- (10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 5
493-
494- (11) Report on all disciplinary actions, license denials, and license 6
495-surrenders; 7
496-
497- (12) Establish appropriate fees that are adequate to fund the effective 8
498-regulation of physicians and allied health professionals; 9
499-
500- (13) Make recommendations that benefit the health, safety, and welfare of 10
501-the public; 11
502-
503- (14) Provide ongoing education and training for Board members to ensure 12
504-that the Board members can competently discharge their duties; 13
505-
506- (15) Direct educational outreach to and communicate with licensees and the 14
507-public; 15
508-
509- (16) Develop and adopt a budget that reflects revenues and supports the 16
510-costs associated with each allied health profession regulated by the Board; 17
511-
512- (17) Develop and approve an annual report and other required reports for 18
513-submission to the Secretary, the Governor, the General Assembly, and the public; 19
514-
515- (18) Approve contracts as needed and within budgetary limits; 20
516-
517- (19) Appoint standing and ad hoc committees from among Board members 21
518-as necessary; 22
519-
520- (20) Delegate to the executive director of the Board the authority to 23
521-discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 24
522-Board or disciplinary panel, and hold the executive director accountable to the Board; and 25
523-
524- (21) Appoint members of the disciplinary panels. 26
525-
526- (b) (1) In addition to the powers set forth elsewhere in this title, the Board 27
527-may: 28
528-
529- (i) Adopt regulations to regulate the performance of acupuncture, 29
530-but only to the extent authorized by [§ 14–504] § 14–527 of this title; 30
531- 12 HOUSE BILL 232
532-
533-
534- (ii) After consulting with the State Board of Pharmacy, adopt rules 1
535-and regulations regarding the dispensing of prescription drugs by a licensed physician; 2
536-
537- (iii) On receipt of a written and signed complaint, including a referral 3
538-from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 4
539-office of a physician or acupuncturist, other than an office of a physician or acupuncturist 5
540-in a hospital, related institution, freestanding medical facility, or a freestanding birthing 6
541-center, to determine compliance at that office with the Centers for Disease Control and 7
542-Prevention’s guidelines on universal precautions; and 8
543-
544- (iv) Contract with others for the purchase of administrative and 9
545-examination services to carry out the provisions of this title. 10
546-
547- (2) The Board or a disciplinary panel may investigate an alleged violation 11
548-of this title. 12
549-
550- [(3) Subject to the Administrative Procedure Act and the hearing provisions 13
551-of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 14
552-applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 15
553-applicant’s license for: 16
554-
555- (i) Any of the reasons that are grounds for action under § 14–404, § 17
556-14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 18
557-as applicable; or 19
558-
559- (ii) Failure to complete a criminal history records check in 20
560-accordance with § 14–308.1 of this title.] 21
561-
562- (c) (1) In addition to the duties set forth elsewhere in this title, the Board 22
488+ (11) Report on all disciplinary actions, license denials, and license 1
489+surrenders; 2
490+
491+ (12) Establish appropriate fees that are adequate to fund the effective 3
492+regulation of physicians and allied health professionals; 4
493+
494+ (13) Make recommendations that benefit the health, safety, and welfare of 5
495+the public; 6
496+
497+ (14) Provide ongoing education and training for Board members to ensure 7
498+that the Board members can competently discharge their duties; 8
499+
500+ (15) Direct educational outreach to and communicate with licensees and the 9
501+public; 10
502+
503+ (16) Develop and adopt a budget that reflects revenues and supports the 11
504+costs associated with each allied health profession regulated by the Board; 12
505+
506+ (17) Develop and approve an annual report and other required reports for 13
507+submission to the Secretary, the Governor, the General Assembly, and the public; 14
508+
509+ (18) Approve contracts as needed and within budgetary limits; 15
510+
511+ (19) Appoint standing and ad hoc committees from among Board members 16
512+as necessary; 17
513+
514+ (20) Delegate to the executive director of the Board the authority to 18
515+discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 19
516+Board or disciplinary panel, and hold the executive director accountable to the Board; and 20
517+
518+ (21) Appoint members of the disciplinary panels. 21
519+
520+ (b) (1) In addition to the powers set forth elsewhere in this title, the Board 22
521+may: 23
522+
523+ (i) Adopt regulations to regulate the performance of acupuncture, 24
524+but only to the extent authorized by [§ 14–504] § 14–527 of this title; 25
525+
526+ (ii) After consulting with the State Board of Pharmacy, adopt rules 26
527+and regulations regarding the dispensing of prescription drugs by a licensed physician; 27
528+
529+ (iii) On receipt of a written and signed complaint, including a referral 28
530+from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 29
531+office of a physician or acupuncturist, other than an office of a physician or acupuncturist 30
532+in a hospital, related institution, freestanding medical facility, or a freestanding birthing 31
533+center, to determine compliance at that office with the Centers for Disease Control and 32
534+Prevention’s guidelines on universal precautions; and 33 12 HOUSE BILL 232
535+
536+
537+
538+ (iv) Contract with others for the purchase of administrative and 1
539+examination services to carry out the provisions of this title. 2
540+
541+ (2) The Board or a disciplinary panel may investigate an alleged violation 3
542+of this title. 4
543+
544+ [(3) Subject to the Administrative Procedure Act and the hearing provisions 5
545+of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 6
546+applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 7
547+applicant’s license for: 8
548+
549+ (i) Any of the reasons that are grounds for action under § 14–404, § 9
550+14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 10
551+as applicable; or 11
552+
553+ (ii) Failure to complete a criminal history records check in 12
554+accordance with § 14–308.1 of this title.] 13
555+
556+ (c) (1) In addition to the duties set forth elsewhere in this title, the Board 14
557+shall: 15
558+
559+ (i) Issue, for use in other jurisdictions, a certificate of professional 16
560+standing AND A VERIFICATION O F LICENSURE STATUS to any [licensed physician] 17
561+LICENSEE; and 18
562+
563+ (ii) Keep a list of all PENDING license applicants. 19
564+
565+ (2) (i) The Board shall keep a list of all [physicians] LICENSEES who 20
566+are currently licensed. 21
567+
568+ (ii) The list shall include each [physician’s] LICENSEE’S designated 22
569+public address. 23
570+
571+ (iii) A [physician’s] LICENSEE’S designated public address may be a 24
572+post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 25
573+under paragraph (3) of this subsection, that is not a post office box. 26
574+
575+ [(iv) Each list prepared under this paragraph shall be kept as a 27
576+permanent record of the Board.] 28
577+
578+ [(v)] (IV) The list of [currently licensed physicians] CURRENT 29
579+LICENSEES is a public record. 30
580+
581+ (3) (i) The Board shall [maintain on file a physician’s] COLLECT A 31
582+LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, AND 32 HOUSE BILL 232 13
583+
584+
585+MAINTAIN THE ADDRESS to facilitate communication between the [physician] LICENSEE 1
586+and the Board. 2
587+
588+ (ii) The Board shall offer a [physician] LICENSEE the opportunity to 3
589+designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 4
590+at the time of initial licensure and license renewal. 5
591+
592+ (iii) A [physician] LICENSEE shall designate an address where the 6
593+Board may send the [physician] LICENSEE mail. 7
594+
595+ (iv) A [physician’s] LICENSEE’S designated nonpublic address is not 8
596+a public record and may not be released by the Board. 9
597+
598+ (D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 10
599+
600+ (E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 11
601+ESTABLISHED UNDER TH IS TITLE GOVERNING : 12
602+
603+ (1) THE TERM OF OFFICE FO R MEMBERS; 13
604+
605+ (2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 14
606+
607+ (3) THE REMOVAL OF MEMBER S; AND 15
608+
609+ (4) THE DUTIES OF EACH OF FICER. 16
610+
611+ (F) EACH ADVISORY COMMITT EE SHALL: 17
612+
613+ (1) DEVELOP AND RECOMMEND TO THE BOARD REGULATIONS TO 18
614+CARRY OUT THE PROVIS IONS OF THIS TITLE A ND ANY OTHER STATUTO RY CHANGES 19
615+THAT AFFECT THE RELE VANT ALLIED HEALTH P ROFESSION; 20
616+
617+ (2) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 21
618+
619+ (I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 22
620+OF AN ALLIED HEALTH PROFESSION; AND 23
621+
622+ (II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 24
623+ALLIED HEALTH PROFES SIONS OR PRACTITIONE RS; 25
624+
625+ (3) KEEP RECOR D OF ITS PROCEEDINGS ; AND 26
626+
627+ (4) SUBMIT AN ANNUAL REPO RT TO THE BOARD. 27
628+
629+14–207. 28 14 HOUSE BILL 232
630+
631+
632+
633+ (b) (1) The Board [may] SHALL set reasonable fees for the issuance and 1
634+renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 2
635+HEALTH PROFESSIONALS . 3
636+
637+ (2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 4
638+FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 5
639+UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 6
640+ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 7
641+program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 8
642+14–401.1(D) of this title. 9
643+
644+ (3) Funds to cover the compensation and expenses of the Board members 10
645+shall be generated by fees set under this section. 11
646+
647+ (4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 12
648+PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 13
649+AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 14
650+
651+ (5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 15
652+DOCUMENTED DIRECT AND INDIRECT COSTS OF FULFILLING THE STATUTORY AND 16
653+REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF TH IS 17
654+TITLE. 18
655+
656+ (6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 19
657+SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSES S A SEPARATE 20
658+$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 21
659+
660+ (II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 22
661+SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSIST ANT 23
662+PRECEPTORSHIP TAX CR EDIT FUND ESTABLISHE D UNDER § 10–752 OF THE 24
663+TAX – GENERAL ARTICLE. 25
664+
665+ (c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 26
666+THE Board shall pay all fees collected under the provisions of this title to the Comptroller 27
667+of the State. 28
668+
669+ (d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 29
670+include in the State budget at least $400,000 for the operation of the Maryland Loan 30
671+Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 31
672+Subtitle 17 of the Health – General Article, as administered by the Department, the 32
673+Comptroller shall distribute: 33
674+
675+ (i) $400,000 of the fees received from the Board to the Department 34
676+to be used to make grants under the Maryland Loan Assistance Repayment Program for 35 HOUSE BILL 232 15
677+
678+
679+Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 1
680+Article to physicians and physician assistants engaged in primary care or to medical 2
681+residents specializing in primary care who agree to practice for at least 2 years as primary 3
682+care physicians in a geographic area of the State that has been designated by the Secretary 4
683+as being medically underserved; and 5
684+
685+ (ii) The balance of the fees to the Board of Physicians Fund. 6
686+
687+ (2) In fiscal year 2022, if the Governor does not include in the State budget 7
688+at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 8
689+for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 9
690+Article, as administered by the Department, the Comptroller shall distribute: 10
691+
692+ (i) $1,000,000 of the fees received from the Board to the Department 11
693+to be used to make grants under the Maryland Loan Assistance Repayment Program for 12
694+Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
695+Article to physicians and physician assistants engaged in primary care or to medical 14
696+residents specializing in primary care who agree to practice for at least 2 years as primary 15
697+care physicians in a geographic area of the State that has been designated by the Secretary 16
698+as being medically underserved; and 17
699+
700+ (ii) The balance of the fees to the Board of Physicians Fund. 18
701+
702+ (3)] In fiscal year 2023 and each fiscal year thereafter, if the Department does not 19
703+implement a permanent funding structure under § 24–1702(b)(1) of the Health – General 20
704+Article and the Governor does not include in the State budget at least $400,000 for the 21
705+operation of the Maryland Loan Assistance Repayment Program for Physicians and 22
706+Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 23
707+administered by the Department, the Comptroller shall distribute: 24
708+
709+ (i) $400,000 of the fees received from the Board to the Department 25
710+to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
711+Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
712+Article to physicians and physician assistants engaged in primary care or to medical 28
713+residents specializing in primary care who agree to practice for at least 2 years as primary 29
714+care physicians in a geographic area of the State that has been designated by the Secretary 30
715+as being medically underserved; and 31
716+
717+ (ii) The balance of the fees to the Board of Physicians Fund. 32
718+
719+ [(4)] (2) If the Governor includes in the State budget at least the amount 33
720+specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 34
721+Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
722+Subtitle 17 of the Health – General Article, as administered by the Department, the 36
723+Comptroller shall distribute the fees to the Board of Physicians Fund. 37
724+
725+ (f) [(1)] In addition to the requirements of subsection (e) of this section, the 38 16 HOUSE BILL 232
726+
727+
728+Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 1
729+collected, and distributed to the Fund under this title. 2
730+
731+ [(2) After review and approval by the Board of a budget submitted by the 3
732+Physician Rehabilitation Program, the Board may allocate money from the Fund to the 4
733+Physician Rehabilitation Program.] 5
734+
735+14–208. 6
736+
737+ (A) IN THIS SECTION, “FEDERAL PROPERTY ” MEANS A BUILDING , LAND, OR 7
738+OTHER REAL PROPERTY OWNED, LEASED, OR OCCUPIED BY A DEP ARTMENT, AN 8
739+AGENCY, OR AN INSTRUMENTALIT Y OF THE UNITED STATES, INCLUDING THE 9
740+DEPARTMENT OF DEFENSE AND THE UNITED STATES POSTAL SERVICE, OR ANY 10
741+OTHER INSTRUMENTALIT Y WHOLLY OWNED BY TH E UNITED STATES, OR BY ANY 11
742+DEPARTMENT OR AGENCY OF THE DISTRICT OF COLUMBIA OR ANY TERRI TORY OR 12
743+POSSESSION OF THE UNITED STATES. 13
744+
745+ (B) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 14
746+AN INDIVIDUAL EMPLOY ED IN THE SERVICE OF THE FEDERAL GOVERNME NT AS A 15
747+HEALTH CARE PRACTITI ONER WHO IS REGULATE D BY THE BOARD MAY PRACTICE 16
748+WITHOUT A LICENSE WH ILE PRACTICING WITHI N THE SCOPE OF THE EMPLOYMENT 17
749+ON FEDERAL PROPERTY . 18
750+
751+ (C) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 19
752+AN AUTHORIZED SUPERV ISOR MAY SUPERVISE A N UNLICENSED INDIVID UAL 20
753+EMPLOYED IN THE SERV ICE OF THE FEDERAL G OVERNMENT AS A HEALT H CARE 21
754+PRACTITIONER WHO IS REGULATED BY THE BOARD WHILE THE INDIV IDUAL IS 22
755+PRACTICING WITHIN TH E SCOPE OF THE EMPLO YMENT ON FEDERAL PRO PERTY. 23
756+
757+14–301. 24
758+
759+ (a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 25
760+qualify for a license, an applicant shall be an individual who meets the requirements of this 26
761+section. 27
762+
763+ (b) The applicant shall be of good moral character. 28
764+
765+ (c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 29
766+shall be at least 18 years old. 30
767+
768+ [(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 31
769+
770+ (1) (i) Have a degree of doctor of medicine from a medical school that is 32
771+accredited by an accrediting organization that the Board recognizes in its regulations; and 33
772+ HOUSE BILL 232 17
773+
774+
775+ (ii) Submit evidence acceptable to the Board of successful completion 1
776+of 1 year of training in a postgraduate medical training program that is accredited by an 2
777+accrediting organization that the Board recognizes in its regulations; or 3
778+
779+ (2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 4
780+in the United States, its territories or possessions, Puerto Rico, or Canada that has 5
781+standards for graduation equivalent to those established by the American Osteopathic 6
782+Association; and 7
783+
784+ (ii) Submit evidence acceptable to the Board of successful completion 8
785+of 1 year of training in a postgraduate medical training program accredited by an 9
786+accrediting organization that the Board recognizes in its regulations.] 10
787+
788+ (D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 11
789+CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 12
790+
791+ (e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 13
792+[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 14
793+OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 15
794+
795+ (f) The applicant shall meet any other qualifications that the Board establishes 16
796+in its regulations for license applicants. 17
797+
798+ [(g) An otherwise qualified applicant who passes the examination after having 18
799+failed the examination or any part of the examination 3 or more times may qualify for a 19
800+license only if the applicant: 20
801+
802+ (1) Has successfully completed 2 or more years of a residency or fellowship 21
803+accredited by the Accreditation Council on Graduate Medical Education or the American 22
804+Osteopathic Association; 23
805+
806+ (2) (i) Has a minimum of 5 years of clinical practice of medicine: 24
807+
808+ 1. In the United States or in Canada; 25
809+
810+ 2. With at least 3 of the 5 years having occurred within 5 26
811+years of the date of the application; and 27
812+
813+ 3. That occurred under a full unrestricted license to practice 28
814+medicine; and 29
815+
816+ (ii) Has no disciplinary action pending and has had no disciplinary 30
817+action taken against the applicant that would be grounds for discipline under § 14–404 of 31
818+this title; or 32
819+
820+ (3) Is board certified.] 33 18 HOUSE BILL 232
821+
822+
823+
824+ [(h)] (G) (1) The Board shall require as part of its examination or licensing 1
825+procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 2
826+PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 3
827+
828+ (2) Graduation from a recognized English–speaking undergraduate school 4
829+or high school, including General Education Development (GED), after at least 3 years of 5
830+enrollment, or from a recognized English–speaking professional school is acceptable as 6
831+proof of proficiency in the oral communication of the English language under this section. 7
832+
833+ (3) By regulation, the Board shall develop a procedure for testing 8
834+individuals who because of their speech impairment are unable to complete satisfactorily a 9
835+Board approved standardized test of oral competency. 10
836+
837+ (4) If any disciplinary charges or action that involves a problem with the 11
838+oral communication of the English language are brought against a licensee under this title, 12
839+the Board shall require the licensee to take and pass a Board approved standardized test 13
840+of oral competency. 14
841+
842+ [(i) The applicant shall complete a criminal history records check in accordance 15
843+with § 14–308.1 of this subtitle. 16
844+
845+ (j) (1) The Board shall license an applicant to practice medicine if: 17
846+
847+ (i) The applicant: 18
848+
849+ 1. Became licensed or certified as a physician in another 19
850+jurisdiction under requirements that the Board determines are substantially equivalent to 20
851+the licensing requirements of this title; 21
852+
853+ 2. Is in good standing under the laws of the other 22
854+jurisdiction; 23
855+
856+ 3. Submits an application to the Board on a form that the 24
857+Board requires; and 25
858+
859+ 4. Pays to the Board an application fee set by the Board; and 26
860+
861+ (ii) The jurisdiction in which the applicant is licensed or certified 27
862+offers a similar reciprocal licensing process for individuals licensed to practice medicine by 28
863+the Board. 29
864+
865+ (2) The Board shall adopt regulations to implement this subsection.] 30
866+
867+14–303. 31
868+ HOUSE BILL 232 19
869+
870+
871+ [(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 1
872+
873+ (1) Complete a criminal history records check in accordance with [§ 2
874+14–308.1] § 14–302 of this subtitle; 3
875+
876+ (2) Submits an application to the Board on the form that the Board 4
877+requires; and 5
878+
879+ (3) Pay to the Board the application fee set by the Board. 6
880+
881+ [(b) The Board may not release a list of applicants for licensure.] 7
882+
883+14–304. 8
884+
885+ (b) (1) On receipt of the criminal history record information of an applicant for 9
886+licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 10
887+in determining whether to issue a license, the Board shall consider: 11
888+
889+ (i) The age at which the crime was committed; 12
890+
891+ (ii) The nature of the crime; 13
892+
893+ (iii) The circumstances surrounding the crime; 14
894+
895+ (iv) The length of time that has passed since the crime; 15
896+
897+ (v) Subsequent work history; 16
898+
899+ (vi) Employment and character references; and 17
900+
901+ (vii) Other evidence that demonstrates whether the applicant poses a 18
902+threat to the public health or safety. 19
903+
904+ (2) The Board may not issue a license if the criminal history record 20
905+information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 21
906+
907+14–305. 22
908+
909+ (a) Except as otherwise provided in this title, a license authorizes the licensee to 23
910+practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 24
911+LICENSE ISSUED BY TH E BOARD while the license is effective. 25
912+
913+ (b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 26
914+THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 27
915+
916+14–306. 28 20 HOUSE BILL 232
917+
918+
919+
920+ (a) (1) This subsection does not apply to a physician who is on inactive status 1
921+under [§ 14–320] § 14–511 of this [subtitle] TITLE or emeritus status under [§ 14–302.1] 2
922+§ 14–512 of this [subtitle] TITLE. 3
923+
924+ (2) The term of a license issued by the Board may not exceed 3 years. 4
925+
926+ (3) A license expires on a date set by the Board, unless the license is 5
927+renewed for [a] AN ADDITIONAL term as provided in this section. 6
928+
929+ (b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 7
930+license expires, the Board shall send to the licensee, by electronic or first–class mail to the 8
931+last known electronic or physical address of the licensee[: 9
932+
933+ (i) A] A renewal notice that states: 10
934+
935+ [1.] (I) The date on which the current license expires; 11
936+
937+ [2.] (II) The date by which the renewal application must be 12
938+received by the Board for the renewal to be issued and mailed before the license expires; 13
939+and 14
940+
941+ [3.] (III) The amount of the renewal fee[; and 15
942+
943+ (ii) A blank panel data sheet supplied by the Health Care 16
944+Alternative Dispute Resolution Office]. 17
945+
946+ (2) If the Board chooses to send renewal notices exclusively by electronic 18
947+mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 19
948+first–class mail to a licensee on request of the licensee. 20
949+
950+ (c) (1) Before the license expires, the licensee periodically may renew it for an 21
951+additional term, if the licensee: 22
952+
953+ (i) Otherwise is entitled to be licensed; 23
954+
955+ (ii) Is of good moral character; 24
956+
957+ (iii) Pays to the Board a renewal fee set by the Board; [and] 25
958+
959+ (iv) Submits to the Board: 26
960+
961+ 1. A renewal application on the form that the Board requires; 27
962+and 28
963+
964+ 2. Satisfactory evidence of compliance with any continuing 29 HOUSE BILL 232 21
965+
966+
967+education OR COMPETENCY requirements set under this section for license renewal; AND 1
968+
969+ (V) MEETS ANY ADDITIONAL LICENSE RENEWAL 2
970+REQUIREMENTS ESTABLI SHED BY THE BOARD. 3
971+
972+ (2) Within 30 days after a license renewal under Section 7 of the Interstate 4
973+Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 5
974+shall submit to the Board the information required under paragraph (1)(iv) of this 6
975+subsection. 7
976+
977+ (d) (1) In addition to any other qualifications and requirements established by 8
978+the Board, the Board may establish continuing education OR COMPETENCY requirements 9
979+as a condition to the renewal of licenses under this section. 10
980+
981+ [(2) In establishing these requirements, the Board shall evaluate existing 11
982+methods, devices, and programs in use among the various medical specialties and other 12
983+recognized medical groups. 13
984+
985+ (3) The Board shall adopt regulations that allow a licensee seeking renewal 14
986+to receive up to 5 continuing education credits per renewal period for providing 15
987+uncompensated, voluntary medical services during each renewal period. 16
988+
989+ (4) The Board may not establish or enforce these requirements if they 17
990+would so reduce the number of physicians in a community as to jeopardize the availability 18
991+of adequate medical care in that community.] 19
992+
993+ [(5)] (2) The Board may not establish a continuing education requirement 20
994+that every licensee complete a specific course or program as a condition to the renewal of a 21
995+license under this section. 22
996+
997+ [(6) A disciplinary panel may impose a civil penalty of up to $100 per 23
998+continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 24
999+first offense, for the failure of a licensee to obtain the continuing medical education credits 25
1000+required by the Board.] 26
1001+
1002+ (e) The Board shall renew the license of e ach licensee who meets the 27
1003+requirements of this section AND ANY ADDITIONAL R EQUIREMENTS ESTABLIS HED 28
1004+UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 29
1005+APPLICABLE. 30
1006+
1007+ [(f) (1) Each licensee shall notify the secretary of the Board in writing of any 31
1008+change in the licensee’s name or address within 60 days after the change. 32
1009+
1010+ (2) If a licensee fails to notify the secretary of the Board within the time 33
1011+required under this section, the licensee is subject to an administrative penalty of $100.] 34
1012+ 22 HOUSE BILL 232
1013+
1014+
1015+ [(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 1
1016+history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 2
1017+
1018+ (i) Renewal applicants as determined by regulations adopted by the 3
1019+Board; and 4
1020+
1021+ (ii) Each former licensee who files for reinstatement under [§ 14–317 5
1022+of this subtitle] THIS TITLE. 6
1023+
1024+ (2) On receipt of the criminal history record information of a licensee 7
1025+forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 8
1026+determining whether disciplinary action should be taken, based on the criminal record 9
1027+information, against a licensee who renewed or reinstated a license, the Board shall 10
1028+consider: 11
1029+
1030+ (i) The age at which the crime was committed; 12
1031+
1032+ (ii) The nature of the crime; 13
1033+
1034+ (iii) The circumstances surrounding the crime; 14
1035+
1036+ (iv) The length of time that has passed since the crime; 15
1037+
1038+ (v) Subsequent work history; 16
1039+
1040+ (vi) Employment and character references; and 17
1041+
1042+ (vii) Other evidence that demonstrates whether the licensee poses a 18
1043+threat to the public health or safety. 19
1044+
1045+ (3) The Board may renew or reinstate a license only if the licensee or 20
1046+applicant attests that the licensee or applicant has submitted to a criminal history records 21
1047+check under [§ 14–308.1] § 14–302 of this subtitle. 22
1048+
1049+14–307. 23
1050+
1051+ The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 24
1052+to renew the license for any reason, is on inactive status under [§ 14–320] § 14–511 of this 25
1053+[subtitle] TITLE, or is on emeritus status under [§ 14–320.1] § 14–512 of this [subtitle] 26
1054+TITLE if the [physician] INDIVIDUAL: 27
1055+
1056+ (1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 28
1057+AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 29
1058+5E, 5F, 5G, OR 5H OF THIS TITLE; 30
1059+
1060+ (2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 31 HOUSE BILL 232 23
1061+
1062+
1063+THE BOARD REQUIRES ; 1
1064+
1065+ [(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 2
1066+
1067+ [(3)] (4) Submits to the Board satisfactory evidence of compliance with 3
1068+the qualifications and requirements established under this title for license reinstatements; 4
1069+AND 5
1070+
1071+ (5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 6
1072+REQUIREMENTS ESTABLI SHED BY THE BOARD. 7
1073+
1074+14–401.1. 8
1075+
1076+ (a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 9
1077+subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 10
1078+this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 11
1079+the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 12
1080+disciplinary panel. 13
1081+
1082+ [(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 14
1083+enter into a written contract with an entity or individual for confidential physician peer 15
1084+review of allegations based on § 14–404(a)(22) of this subtitle. 16
1085+
1086+ (2) A peer reviewer shall: 17
1087+
1088+ (i) Be board certified; 18
1089+
1090+ (ii) Have special qualifications to judge the matter at hand; 19
1091+
1092+ (iii) Have received a specified amount of medical experience and 20
1093+training; 21
1094+
1095+ (iv) Have no formal actions against the peer reviewer’s own license; 22
1096+
1097+ (v) Receive training in peer review; 23
1098+
1099+ (vi) Have a standard format for peer review reports; and 24
1100+
1101+ (vii) To the extent practicable, be licensed and engaged in the practice 25
1102+of medicine in the State. 26
1103+
1104+ (3) The Board may consult with the appropriate specialty health care 27
1105+provider societies in the State to obtain a list of physicians qualified to provide peer review 28
1106+services. 29
1107+
1108+ (4)] For purposes of peer review, the Board may use sole source 30 24 HOUSE BILL 232
1109+
1110+
1111+procurement under § 13–107 of the State Finance and Procurement Article. 1
1112+
1113+ [(5)] (2) The hearing of charges may not be stayed or challenged because 2
1114+of the selection of peer reviewers under this subsection before the filing of charges. 3
1115+
1116+ [(f)] (C) (1) The entity or individual peer reviewer with which the Board 4
1117+contracts under subsection [(e)] (B) of this section OR § 14–515 OF THIS TITLE shall have 5
1118+90 days for completion of peer review. 6
1119+
1120+ (2) The entity or individual peer reviewer may apply to the Board for an 7
1121+extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection. 8
1122+
1123+ (3) If an extension is not granted, and 90 days have elapsed, the Board may 9
1124+contract with any other entity or individual who meets the requirements of subsection 10
1125+[(e)(2)] (B)(2) of this section for the services of peer review. 11
1126+
1127+ (4) If an extension has been granted, and 120 days have elapsed, the Board 12
1128+may contract with any other entity or individual who meets the requirements of subsection 13
1129+[(e)(2)] (B)(2) of this section for the services of peer review. 14
1130+
1131+ [(g)] (D) The Board shall issue a request for proposals and enter into a written 15
1132+contract with a nonprofit entity to provide rehabilitation services for physicians or other 16
1133+allied health professionals directed by the Board to receive rehabilitation services. 17
1134+
1135+ [(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 18
1136+matters and the mediation of fee disputes coming before it, the Board may contract with an 19
1137+entity or entities for the purchase of investigatory, mediation, and related services. 20
1138+
1139+ (2) Services that may be contracted for under this subsection include the 21
1140+services of: 22
1141+
1142+ (i) Investigators; 23
1143+
1144+ (ii) Attorneys; 24
1145+
1146+ (iii) Accountants; 25
1147+
1148+ (iv) Expert witnesses; 26
1149+
1150+ (v) Consultants; and 27
1151+
1152+ (vi) Mediators. 28
1153+
1154+ [(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 29
1155+oaths in connection with any investigation under this section and any hearing or proceeding 30
1156+before it. 31 HOUSE BILL 232 25
1157+
1158+
1159+
1160+ [(j)] (G) (1) It is the intent of this section that the disposition of every 1
1161+complaint against a licensee that sets forth allegations of grounds for disciplinary action 2
1162+filed with the Board shall be completed as expeditiously as possible and, in any event, 3
1163+within 18 months after the complaint was received by the Board. 4
1164+
1165+ (2) If a disciplinary panel is unable to complete the disposition of a 5
1166+complaint within 1 year, the Board shall include in the record of that complaint a detailed 6
1167+explanation of the reason for the delay. 7
1168+
1169+ [(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 8
1170+health professional to discuss the proposed disposition of a complaint, shall provide an 9
1171+opportunity to appear before the disciplinary panel to both the licensee who has been 10
1172+charged and the individual who has filed the complaint against the licensee giving rise to 11
1173+the charge. 12
1174+
1175+14–401.2. 13
1176+
1177+ (e) A disciplinary panel may issue a cease and desist order or obtain injunctive 14
1178+relief against an individual for: 15
1179+
1180+ (1) Practicing a profession regulated under this title [or Title 15 of this 16
1181+article] without a license OR WITH AN UNAUTHORI ZED PERSON; 17
1182+
1183+ (2) Representing to the public, by title, description of services, methods, 18
1184+procedures, or otherwise, that the individual is authorized to practice: 19
1185+
1186+ (i) Medicine in this State, in violation of [§ 14–602] § 14–529 of this 20
1187+title; 21
1188+
1189+ (ii) Respiratory care in this State, in violation of § 14–5A–21 of this 22
1190+title; 23
1191+
1192+ (iii) Radiation therapy, radiography, nuclear medicine technology, or 24
1193+radiation assistance in this State, in violation of § 14–5B–18 of this title; 25
1194+
1195+ (iv) Polysomnography in this State, in violation of § 14–5C–21 of this 26
1196+title; 27
1197+
1198+ (v) Athletic training in this State, in violation of § 14–5D–17(3) of 28
1199+title; 29
1200+
1201+ (vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 30
1202+
1203+ (vii) Naturopathic medicine in this State, in violation of § 14–5F–30 31
1204+of this title; [or] 32 26 HOUSE BILL 232
1205+
1206+
1207+
1208+ (viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATIONS OF § 1
1209+14–5G–24 OF THIS TITLE; OR 2
1210+
1211+ (IX) As a physician assistant in this State, in violation of [§ 15–402 of 3
1212+this article] § 14–5H–19 OF THIS TITLE; or 4
1213+
1214+ (3) Taking any action: 5
1215+
1216+ (i) For which a disciplinary panel determines there is a 6
1217+preponderance of evidence of grounds for discipline under [§ 14–404] § 14–516 of this title; 7
1218+and 8
1219+
1220+ (ii) That poses a serious risk to the health, safety, and welfare of a 9
1221+patient. 10
1222+
1223+14–402. 11
1224+
1225+ (a) In reviewing an application for licensure or in investigating an allegation 12
1226+brought against a licensed physician or any allied health professional regulated by the 13
1227+Board under this title, the [Physician] Rehabilitation Program may request the Board to 14
1228+direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 15
1229+physician or any allied health professional regulated by the Board under this title to submit 16
1230+to an appropriate examination. 17
1231+
1232+ (c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 18
1233+to submit to an examination is prima facie evidence of the licensed individual’s OR 19
1234+APPLICANT’S inability to practice medicine or the respective discipline competently, unless 20
1235+the Board or disciplinary panel finds that the failure or refusal was beyond the control of 21
1236+the licensed individual OR APPLICANT . 22
1237+
1238+ (d) The Board shall pay the costs of any examination OF A LICENSEE made under 23
1239+this section. 24
1240+
1241+ (e) (1) The Board or the entity or entities with which the Board contracts shall 25
1242+appoint the members of the [Physician] Rehabilitation Program. 26
1243+
1244+ (2) The chair of the Board shall appoint one member of the Board to serve 27
1245+as a liaison to the [Physician] Rehabilitation Program. 28
1246+
1247+ (f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 29
1248+Auditor as provided in § 2–1220 of the State Government Article. 30
1249+
1250+14–403. 31
1251+
1252+ (a) Unless a disciplinary panel agrees to accept the surrender of a license, 32 HOUSE BILL 232 27
1253+
1254+
1255+certification, or registration of an individual the Board regulates, the individual may not 1
1256+surrender the license, certification, or registration nor may the license, certification, or 2
1257+registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 3
1258+DISCIPLINE while the individual is under investigation or while charges are pending. 4
1259+
1260+14–404. 5
1261+
1262+ SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 6
1263+PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 7
1264+LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 8
1265+APPLICANT’S LICENSE, REFUSE TO RE NEW OR REINSTATE AN APPLICANT’S LICENSE 9
1266+FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–516, § 10
1267+14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 11
1268+14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 12
1269+
1270+14–405. 13
1271+
1272+ (a) Except as otherwise provided in the Administrative Procedure Act, before the 14
1273+Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 15
1274+or [§ 14–205(b)(3)] § 14–516(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 16
1275+14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 17
1276+it shall give the individual against whom the action is contemplated an opportunity for a 18
1277+hearing before a hearing officer. 19
1278+
1279+ [(g)] (F) The hearing of charges may not be stayed or challenged by any 20
1280+procedural defects alleged to have occurred prior to the filing of charges. 21
1281+
1282+14–406. 22
1283+
1284+ (a) Following the filing of charges, if a majority of the quorum of a disciplinary 23
1285+panel finds that there are grounds for action under [§ 14–404] § 14–516, § 14–5A–17, § 24
1286+14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 25
1287+14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 26
1288+with the Administrative Procedure Act. 27
1289+
1290+ (b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 28
1291+of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 29
1292+14–516, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 30
1293+§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 31
1294+
1295+ (1) Immediately shall dismiss the charges and exonerate the licensee; 32
1296+
1297+ (2) (i) Except as provided in item (ii) of this item, shall expunge all 33
1298+records of the charges 3 years after the charges are dismissed; or 34
1299+ 28 HOUSE BILL 232
1300+
1301+
1302+ (ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 1
1303+a document releasing the Board from any liability related to the charges, shall immediately 2
1304+expunge all records of the charges; and 3
1305+
1306+ (3) May not take any further action on the charges. 4
1307+
1308+14–409. 5
1309+
1310+ (a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 6
1311+ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 7
1312+PANEL, may reinstate the license of an individual whose license has been surrendered or 8
1313+revoked under this title only in accordance with: 9
1314+
1315+ (i) The terms and conditions of the order of revocation or letter of 10
1316+surrender; 11
1317+
1318+ (ii) An order of reinstatement issued by the disciplinary panel; or 12
1319+
1320+ (iii) A final judgment in any proceeding for review. 13
1321+
1322+ (2) If a license is surrendered or revoked for a period of more than 1 year, 14
1323+[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 15
1324+
1325+ (i) Meets the requirements for reinstatement as established by the 16
1326+Board; and 17
1327+
1328+ (ii) Completes a criminal history records check in accordance with [§ 18
1329+14–308.1] § 14–302 of this title. 19
1330+
1331+ (c) If an order of revocation is based on [§ 14–404(b)] § 14–516(B), § 20
1332+14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 21
1333+14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 22
1334+conviction or plea subsequently is overturned at any stage of an appeal or other 23
1335+postconviction proceeding, the revocation ends when the conviction or plea is overturned. 24
1336+
1337+14–411. 25
1338+
1339+ (d) The Board shall disclose any information contained in a record to: 26
1340+
1341+ (1) A committee of a hospital, health maintenance organization, or related 27
1342+institution if: 28
1343+
1344+ (i) The committee of a medical hospital staff concerned with 29
1345+[physician] LICENSEE discipline or other committee of a hospital, health maintenance 30
1346+organization, or related institution requests the information in writing; 31
1347+ HOUSE BILL 232 29
1348+
1349+
1350+ (ii) A disciplinary panel has issued an order as to a [licensed 1
1351+physician] LICENSEE on whom the information is requested; and 2
1352+
1353+ (iii) The Board determines that the information requested is 3
1354+necessary for an investigation or action of the committee as to a medical privilege of a 4
1355+[licensed physician] LICENSEE; or 5
1356+
1357+ (2) The Secretary, the Office of Health Care Quality in the Department, 6
1358+the Maryland Health Care Commission, or the Health Services Cost Review Commission 7
1359+for the purpose of investigating quality or utilization of care in any entity regulated by the 8
1360+Office of Health Care Quality or the Health Services Cost Review Commission. 9
1361+
1362+ (g) (1) The Board shall notify all hospitals, health maintenance organizations, 10
1363+or other health care facilities where a [physician or an allied health professional] 11
1364+LICENSEE regulated by the Board has privileges, has a provider contract with a health 12
1365+maintenance organization, or is employed of a complaint or report filed against that 13
1366+[physician] LICENSEE, if: 14
1367+
1368+ (i) The Board determines, in its discretion, that the hospital, health 15
1369+maintenance organization, or health care facility should be informed about the report or 16
1370+complaint; 17
1371+
1372+ (ii) The nature of the complaint suggests a reasonable possibility of 18
1373+an imminent threat to patient safety; or 19
1374+
1375+ (iii) The complaint or report was as a result of a claim filed in the 20
1376+Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 21
1377+filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 22
1378+
1379+ (2) The Board shall disclose any information pertaining to a [physician’s] 23
1380+LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 24
1381+to a committee of a hospital, health maintenance organization, or other health care facility 25
1382+if: 26
1383+
1384+ (i) The committee is concerned with [physician] LICENSEE 27
1385+discipline and requests the information in writing; and 28
1386+
1387+ (ii) The Board has received a complaint or report pursuant to 29
1388+paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 30
1389+the information is requested. 31
1390+
1391+ (3) The Board shall, after formal action is taken pursuant to § 14–406 of 32
1392+this subtitle, notify those hospitals, health maintenance organizations, or health care 33
1393+facilities where the [physician] LICENSEE has privileges, has a provider contract with a 34
1394+health maintenance organization, or is employed of its formal action within 10 days after 35
1395+the action is taken and shall provide the hospital, health maintenance organization, or 36 30 HOUSE BILL 232
1396+
1397+
1398+health care facility with periodic reports as to enforcement or monitoring of a formal 1
1399+disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 2
1400+reports. 3
1401+
1402+ (h) On the request of a person who has made a complaint to the Board regarding 4
1403+a [physician] LICENSEE, the Board shall provide the person with information on the status 5
1404+of the complaint. 6
1405+
1406+ (j) The Board may disclose any information contained in a record to a licensing 7
1407+or disciplinary authority of another state if: 8
1408+
1409+ (1) The licensing or disciplinary authority of another state that regulates 9
1410+[licensed physicians] LICENSEES in that state requests the information in writing; and 10
1411+
1412+ (2) The disclosure of any information is limited to the pendency of an 11
1413+allegation of a ground for disciplinary or other action by a disciplinary panel until: 12
1414+
1415+ (i) The disciplinary panel has passed an order under § 14–406 of 13
1416+this subtitle; or 14
1417+
1418+ (ii) A [licensed physician] LICENSEE on whom the information is 15
1419+requested authorizes a disclosure as to the facts of an allegation or the results of an 16
1420+investigation before the Board. 17
1421+
1422+ (k) The Board may disclose any information contained in a record to a person if: 18
1423+
1424+ (1) A [licensed physician] LICENSEE on whom any information is 19
1425+requested authorizes the person to receive the disclosure; 20
1426+
1427+ (2) The person requests the information in writing; and 21
1428+
1429+ (3) The authorization for the disclosure is in writing. 22
1430+
1431+ (p) (1) The Board may publish a summary of any allegations of grounds for 23
1432+disciplinary or other action. 24
1433+
1434+ (2) A summary may not identify: 25
1435+
1436+ (i) Any person who makes an allegation to the Board or any of its 26
1437+investigatory bodies; 27
1438+
1439+ (ii) A [licensed physician] LICENSEE about whom an allegation is 28
1440+made; or 29
1441+
1442+ (iii) A witness in an investigation or a proceeding before the Board or 30
1443+any of its investigatory bodies. 31
1444+ HOUSE BILL 232 31
1445+
1446+
1447+14–411.1. 1
1448+
1449+ (b) The Board shall create and maintain a public individual profile on each 2
1450+licensee that includes the following information: 3
1451+
1452+ (1) A summary of charges filed against the licensee, including a copy of the 4
1453+charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–516 5
1454+of this [subtitle] TITLE based on the charges or has rescinded the charges; 6
1455+
1456+ (2) A description of any disciplinary action taken by the Board or a 7
1457+disciplinary panel against the licensee within the most recent 10–year period that includes 8
1458+a copy of the public order; 9
1459+
1460+ (3) A description in summary form of any final disciplinary action taken by 10
1461+a licensing board in any other state or jurisdiction against the licensee within the most 11
1462+recent 10–year period; 12
1463+
1464+ (4) A description of a conviction or entry of a plea of guilty or nolo 13
1465+contendere by the licensee for a crime involving moral turpitude reported to the Board 14
1466+under § 14–416 of this subtitle; and 15
1467+
1468+ [(5) As reported to the Board by the licensee, education and practice 16
1469+information about the licensee including: 17
1470+
1471+ (i) The name of any medical school that the licensee attended and 18
1472+the date on which the licensee graduated from the school; 19
1473+
1474+ (ii) A description of any internship and residency training; 20
1475+
1476+ (iii) A description of any specialty board certification by a recognized 21
1477+board of the Association; American Board of Medical Specialties or the American 22
1478+Osteopathic Association; 23
1479+
1480+ (iv) The name of any hospital where the licensee has medical 24
1481+privileges; 25
1482+
1483+ (v) The location of the licensee’s primary practice setting; 26
1484+
1485+ (vi) Whether the licensee participates in the Maryland Medical 27
1486+Assistance Program; 28
1487+
1488+ (vii) Whether the licensee maintains medical professional liability 29
1489+insurance; and 30
1490+
1491+ (viii) The number of medical malpractice final court judgments and 31
1492+arbitration awards against the licensee within the most recent 10–year period.] 32
1493+ 32 HOUSE BILL 232
1494+
1495+
1496+ (5) FOR A PHYSICIAN, THE INFORMATION REQU IRED UNDER § 14–517 1
1497+OF THIS TITLE. 2
1498+
1499+ (c) In addition to the requirements of subsection (b) of this section, the Board 3
1500+shall: 4
1501+
1502+ (1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 5
1503+DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 6
1504+BOARD’S WEBSITE. 7
1505+
1506+ (2) Provide appropriate and accessible Internet links from the Board’s 8
1507+[Internet site] WEBSITE: 9
1508+
1509+ (i) To the extent available, to the appropriate portion of the 10
1510+[Internet site] WEBSITE of each health maintenance organization licensed in this State 11
1511+which will allow the public to ascertain the names of the physicians affiliated with the 12
1512+health maintenance organization; and 13
1513+
1514+ (ii) To the appropriate portion of the [Internet site] WEBSITE of the 14
1515+American Medical Association; 15
1516+
1517+ [(2)] (3) Include a statement on each licensee’s profile of information to 16
1518+be taken into consideration by a consumer when viewing a licensee’s profile, including 17
1519+factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 18
1520+that a charging document does not indicate a final finding of guilt by a disciplinary panel; 19
1521+and 20
1522+
1523+ [(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 21
1524+
1525+ (i) Notification that a person may contact the Board by telephone, 22
1526+electronic mail, or written request to find out whether the number of medical malpractice 23
1527+settlements involving a particular licensee totals three or more with a settlement amount 24
1528+of $150,000 or greater within the most recent 5–year period as reported to the Board; and 25
1529+
1530+ (ii) A telephone number, electronic mail address, and physical 26
1531+address through which a person may contact the Board to request the information required 27
1532+to be provided under item (i) of this item. 28
1533+
1534+ (d) The Board: 29
1535+
1536+ (1) On receipt of a written request for a licensee’s profile from any person, 30
1537+shall forward a written copy of the profile to the person; 31
1538+
1539+ (2) Shall maintain a website that serves as a single point of entry where 32
1540+all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 33
1541+public on the Internet; and 34 HOUSE BILL 232 33
1542+
1543+
1544+
1545+ (3) On receipt of a verbal, electronic, or written request in accordance with 1
1546+subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 2
1547+days of the request. 3
1548+
1549+14–413. 4
1550+
1551+ (A) A person may not make any false statement, report, or representation to the 5
1552+Board or a disciplinary panel. 6
1553+
1554+ (B) (1) A PERSON WHO VIOLATED ANY PROVISION OF THI S SUBTITLE IS 7
1555+GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 8
1556+EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 9
1557+
1558+ (2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
1559+SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
1560+
1561+14–416. 12
1562+
1563+ (a) Each court shall report to the Board each conviction of or entry of a plea of 13
1564+guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 14
1565+turpitude. 15
1566+
1567+14–417. 16
1568+
1569+ (A) (1) EACH LICENSEE SH ALL NOTIFY THE BOARD IN WRITING OF A NY 17
1570+CHANGE IN THE LICENS EE’S NAME OR ADDRESS WI THIN 60 DAYS AFTER THE 18
1571+CHANGE. 19
1572+
1573+ (2) IF THE LICENSEE FAILS TO NOTIFY THE BOARD WITHIN THE TIME 20
1574+REQUIRED UNDER THIS SECTION, THE LICENSEE IS SUBJ ECT TO AN 21
1575+ADMINISTRATIVE PENA LTY OF $100. 22
1576+
1577+ (B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 23
1578+PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 24
1579+OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 25
1580+EDUCATION CREDIT REQ UIRED BY THE BOARD. 26
1581+
1582+Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 27
1583+
1584+14–502. 28
1585+
1586+ Subject to the rules, regulations, and orders of the Board, the following individuals 29
1587+may practice medicine without a license: 30
1588+ 34 HOUSE BILL 232
1589+
1590+
1591+ (1) A medical student or an individual in a postgraduate medical training 1
1592+program that is accredited by an accrediting organization recognized by the Board in 2
1593+regulations, while the individual is practicing medicine in the program and doing the 3
1594+assigned duties at any office of a licensed physician, hospital, clinic, or similar facility; 4
1595+
1596+ (2) A physician licensed by and residing in another jurisdiction, if the 5
1597+physician: 6
1598+
1599+ (i) Is engaged in consultation with a physician licensed in the State 7
1600+about a particular patient and does not direct patient care; 8
1601+
1602+ (ii) 1. Has an active, unrestricted license to practice medicine in 9
1603+the jurisdiction where the physician regularly engages in the practice of medicine; 10
1604+
1605+ 2. Is employed by or has a written agreement with an athletic 11
1606+team or a sports team based outside the State; 12
1607+
1608+ 3. Is designated as the team physician by the athletic or 13
1609+sports team to provide medical care to the team’s members, band members, cheerleading 14
1610+squad, mascot, coaches, and other staff who travel to a specified sporting event taking place 15
1611+in the State; 16
1612+
1613+ 4. While in the State, provides medical care only to 17
1614+individuals listed in item 3 of this item; 18
1615+
1616+ 5. Does not provide medical care in the State for more than 19
1617+45 days in a calendar year; and 20
1618+
1619+ 6. Does not engage in the practice of medicine at a hospital, 21
1620+related institution, or other health care facility, including an acute care facility, located 22
1621+within the State; or 23
1622+
1623+ (iii) Is engaged in clinical training or participates in training or 24
1624+teaching of a skill or procedure in a hospital if: 25
1625+
1626+ 1. The skill or procedure: 26
1627+
1628+ A. Is advanced beyond those skills or procedures normally 27
1629+taught or exercised in the hospital and in standard medical education or training; 28
1630+
1631+ B. Could not be otherwise conveniently taught or 29
1632+demonstrated in standard medical education or training in that hospital; and 30
1633+
1634+ C. Is likely to benefit Maryland patients in this instance; 31
1635+
1636+ 2. The demonstration of all skills or procedures by the 32
1637+physician does not exceed 14 days total in the calendar year; 33 HOUSE BILL 232 35
1638+
1639+
1640+
1641+ 3. A licensed physician who practices at a hospital in the 1
1642+State will be responsible for the medical care provided by that visiting physician to patients 2
1643+in the State; 3
1644+
1645+ 4. The visiting physician has no history of any medical 4
1646+disciplinary action in any other state, territory, nation, or any branch of the United States 5
1647+uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 6
1648+AFFAIRS, and has no significant detrimental malpractice history; 7
1649+
1650+ 5. The physician is covered by malpractice insurance in the 8
1651+jurisdiction in which the physician practices; and 9
1652+
1653+ 6. The hospital ensures that the patients will be protected by 10
1654+adequate malpractice insurance; 11
1655+
1656+ [(3) A physician employed in the service of the federal government while 12
1657+performing the duties incident to that employment;] 13
1658+
1659+ [(4)] (3) A physician who resides in and is authorized to practice medicine 14
1660+by any state adjoining this State for the purpose of prescribing home health services to a 15
1661+patient who resides in this State, if the physician: 16
1662+
1663+ (i) Does not have an office or other regularly appointed place in this 17
1664+State to meet patients; and 18
1665+
1666+ (ii) Has performed an in–person physical examination of the patient 19
1667+within the jurisdictional boundaries of the adjoining state in which the prescribing 20
1668+physician is authorized to practice medicine; and 21
1669+
1670+ [(5)] (4) An individual while under the supervision of a licensed physician 22
1671+who has specialty training in psychiatry, and whose specialty training in psychiatry has 23
1672+been approved by the Board, if the individual submits an application to the Board on or 24
1673+before October 1, 1993, and either: 25
1674+
1675+ (i) 1. Has a master’s degree from an accredited college or 26
1676+university; and 27
1677+
1678+ 2. Has completed a graduate program accepted by the Board 28
1679+in a behavioral science that includes 1,000 hours of supervised clinical psychotherapy 29
1680+experience; or 30
1681+
1682+ (ii) 1. Has a baccalaureate degree from an accredited college or 31
1683+university; and 32
1684+
1685+ 2. Has 4,000 hours of supervised clinical experience that is 33 36 HOUSE BILL 232
1686+
1687+
1688+approved by the Board. 1
1689+
1690+14–503. 2
1691+
1692+ (c) (1) The Board shall adopt rules and regulations to delineate the scope of 3
1693+this section. 4
1694+
1695+ (2) Before it adopts any rule or regulation under this section, the Board 5
1696+shall invite and consider proposals from any individual or health group that could be 6
1697+affected by the rule or regulation. 7
1698+
1699+ (e) Except as otherwise provided in this section, an individual may perform 8
1700+X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 9
1701+
1702+ (1) Do not include: 10
1703+
1704+ (i) Computerized or noncomputerized tomography; 11
1705+
1706+ (ii) Fluoroscopy; 12
1707+
1708+ (iii) Invasive radiology; 13
1709+
1710+ (iv) Mammography; 14
1711+
1712+ (v) Nuclear medicine; 15
1713+
1714+ (vi) Radiation therapy; or 16
1715+
1716+ (vii) Xerography; 17
1717+
1718+ (2) Are limited to X–ray procedures of the: 18
1719+
1720+ (i) Chest, anterior–posterior and lateral; 19
1721+
1722+ (ii) Spine, anterior–posterior and lateral; or 20
1723+
1724+ (iii) Extremities, anterior–posterior and lateral, not including the 21
1725+head; and 22
1726+
1727+ (3) Are performed: 23
1728+
1729+ (i) By an individual who is not employed primarily to perform 24
1730+X–ray duties; 25
1731+
1732+ (ii) In the medical office of the physician who delegates the duties; 26
1733+and 27
1734+ HOUSE BILL 232 37
1735+
1736+
1737+ (iii) 1. By an individual who, before October 1, 2002, has: 1
1738+
1739+ A. Taken a course consisting of at least 30 hours of training 2
1740+in performing X–ray procedures approved by the Maryland Radiological Society in 3
1741+consultation with the Maryland Society of Radiologic Technologists; and 4
1742+
1743+ B. Successfully passed an examination based on that course 5
1744+that has been approved by the Maryland Radiological Society in consultation with the 6
1745+Maryland Society of Radiologic Technologists; or 7
1746+
1747+ 2. By a licensed physician assistant who has completed a 8
1748+course that includes anterior–posterior and lateral radiographic studies of extremities on 9
1749+at least 20 separate patients under the direct supervision of the delegating physician or 10
1750+radiologist using a mini C–arm or similar low–level radiation machine to perform 11
1751+nonfluoroscopic X–ray procedures, if the duties: 12
1752+
1753+ A. Include only the X–ray procedures described in paragraph 13
1754+(2)(iii) of this subsection; and 14
1755+
1756+ B. Are performed pursuant to a Board–approved delegation 15
1757+agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 16
1758+14–5H–08(C)(2) of this [article] TITLE. 17
1759+
1760+14–504. 18
1761+
1762+ (A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDICINE AS A PHYSICIAN IN 19
1763+THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 20
1764+REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 21
1765+
1766+ (B) EXCEPT AS PROVIDED IN § 14–505 OF THE SUBTITLE , THE APPLICANT 22
5631767 SHALL: 23
5641768
565- (i) Issue, for use in other jurisdictions, a certificate of professional 24
566-standing AND A VERIFICATION O F LICENSURE STATUS to any [licensed physician] 25
567-LICENSEE; and 26
568-
569- (ii) Keep a list of all PENDING license applicants. 27
570-
571- (2) (i) The Board shall keep a list of all [physicians] LICENSEES who 28
572-are currently licensed. 29
573-
574- (ii) The list shall include each [physician’s] LICENSEE’S designated 30
575-public address. 31
576-
577- (iii) A [physician’s] LICENSEE’S designated public address may be a 32
578-post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 33
579-under paragraph (3) of this subsection, that is not a post office box. 34 HOUSE BILL 232 13
580-
581-
582-
583- [(iv) Each list prepared under this paragraph shall be kept as a 1
584-permanent record of the Board.] 2
585-
586- [(v)] (IV) The list of [currently licensed physicians] CURRENT 3
587-LICENSEES is a public record. 4
588-
589- (3) (i) The Board shall [maintain on file a physician’s] COLLECT A 5
590-LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, AND 6
591-MAINTAIN THE ADDRESS to facilitate communication between the [physician] LICENSEE 7
592-and the Board. 8
593-
594- (ii) The Board shall offer a [physician] LICENSEE the opportunity to 9
595-designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 10
596-at the time of initial licensure and license renewal. 11
597-
598- (iii) A [physician] LICENSEE shall designate an address where the 12
599-Board may send the [physician] LICENSEE mail. 13
600-
601- (iv) A [physician’s] LICENSEE’S designated nonpublic address is not 14
602-a public record and may not be released by the Board. 15
603-
604- (D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE. 16
605-
606- (E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 17
607-ESTABLISHED UNDER TH IS TITLE GOVERNING : 18
608-
609- (1) THE TERM OF OFFICE FO R MEMBERS; 19
610-
611- (2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 20
612-
613- (3) THE REMOVAL OF MEMBER S; AND 21
614-
615- (4) THE DUTIES OF EACH OFFIC ER. 22
616-
617- (F) EACH ADVISORY COMMITT EE SHALL: 23
618-
619- (1) DEVELOP AND RECOMMEND TO THE BOARD REGULATIONS TO 24
620-CARRY OUT THE PROVIS IONS OF THIS TITLE A ND ANY OTHER STATUTO RY CHANGES 25
621-THAT AFFECT THE RELE VANT ALLIED HEALTH P ROFESSION; 26
622-
623- (2) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 27
624-
625- (I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 28
626-OF AN ALLIED HEALTH PROFESSION; AND 29 14 HOUSE BILL 232
627-
628-
629-
630- (II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 1
631-ALLIED HEALTH PROFES SIONS OR PRACTITIONE RS; 2
632-
633- (3) KEEP RECORD OF ITS PROCEEDINGS ; AND 3
634-
635- (4) SUBMIT AN ANNUAL REPO RT TO THE BOARD. 4
636-
637-14–207. 5
638-
639- (b) (1) The Board [may] SHALL set reasonable fees for the issuance and 6
640-renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 7
641-HEALTH PROFESSIONALS . 8
642-
643- (2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 9
644-FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 10
645-UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 11
646-ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 12
647-program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 13
648-14–401.1(D) of this title. 14
649-
650- (3) Funds to cover the compensation and expenses of the Board members 15
651-shall be generated by fees set under this section. 16
652-
653- (4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 17
654-PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 18
655-AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 19
656-
657- (5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 20
658-DOCUMENTED D IRECT AND INDIRECT C OSTS OF FULFILLING T HE STATUTORY AND 21
659-REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF TH IS 22
660-TITLE. 23
661-
662- (6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 24
663-SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 25
664-$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 26
665-
666- (II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 27
667-SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSIST ANT 28
668-PRECEPTORSHIP TAX CR EDIT FUND ESTABLISHE D UNDER § 10–752 OF THE 29
669-TAX – GENERAL ARTICLE. 30
670-
671- (c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 31
672-THE Board shall pay all fees collected under the provisions of this title to the Comptroller 32
673-of the State. 33 HOUSE BILL 232 15
674-
675-
676-
677- (d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 1
678-include in the State budget at least $400,000 for the operation of the Maryland Loan 2
679-Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 3
680-Subtitle 17 of the Health – General Article, as administered by the Department, the 4
681-Comptroller shall distribute: 5
682-
683- (i) $400,000 of the fees received from the Board to the Department 6
684-to be used to make grants under the Maryland Loan Assistance Repayment Program for 7
685-Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 8
686-Article to physicians and physician assistants engaged in primary care or to medical 9
687-residents specializing in primary care who agree to practice for at least 2 years as primary 10
688-care physicians in a geographic area of the State that has been designated by the Secretary 11
689-as being medically underserved; and 12
690-
691- (ii) The balance of the fees to the Board of Physicians Fund. 13
692-
693- (2) In fiscal year 2022, if the Governor does not include in the State budget 14
694-at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 15
695-for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 16
696-Article, as administered by the Department, the Comptroller shall distribute: 17
697-
698- (i) $1,000,000 of the fees received from the Board to the Department 18
699-to be used to make grants under the Maryland Loan Assistance Repayment Program for 19
700-Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 20
701-Article to physicians and physician assistants engaged in primary care or to medical 21
702-residents specializing in primary care who agree to practice for at least 2 years as primary 22
703-care physicians in a geographic area of the State that has been designated by the Secretary 23
704-as being medically underserved; and 24
705-
706- (ii) The balance of the fees to the Board of Physicians Fund. 25
707-
708- (3)] In fiscal year 2023 and each fiscal year thereafter, if the Department does not 26
709-implement a permanent funding structure under § 24–1702(b)(1) of the Health – General 27
710-Article and the Governor does not include in the State budget at least $400,000 for the 28
711-operation of the Maryland Loan Assistance Repayment Program for Physicians and 29
712-Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 30
713-administered by the Department, the Comptroller shall distribute: 31
714-
715- (i) $400,000 of the fees received from the Board to the Department 32
716-to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
717-Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34
718-Article to physicians and physician assistants engaged in primary care or to medical 35
719-residents specializing in primary care who agree to practice for at least 2 years as primary 36
720-care physicians in a geographic area of the State that has been designated by the Secretary 37
721-as being medically underserved; and 38
722- 16 HOUSE BILL 232
723-
724-
725- (ii) The balance of the fees to the Board of Physicians Fund. 1
726-
727- [(4)] (2) If the Governor includes in the State budget at least the amount 2
728-specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 3
729-Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 4
730-Subtitle 17 of the Health – General Article, as administered by the Department, the 5
731-Comptroller shall distribute the fees to the Board of Physicians Fund. 6
732-
733- (f) [(1)] In addition to the requirements of subsection (e) of this section, the 7
734-Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 8
735-collected, and distributed to the Fund under this title. 9
736-
737- [(2) After review and approval by the Board of a budget submitted by the 10
738-Physician Rehabilitation Program, the Board may allocate money from the Fund to the 11
739-Physician Rehabilitation Program.] 12
740-
741-14–208. 13
742-
743- (A) IN THIS SECTION, “FEDERAL PROPERTY ” MEANS A BUILDING , LAND, OR 14
744-OTHER REAL PROPERTY OWNED, LEASED, OR OCCUPIED BY A DEP ARTMENT, AN 15
745-AGENCY, OR AN INSTRUMENTALIT Y OF THE UNITED STATES, INCLUDING THE 16
746-DEPARTMENT OF DEFENSE AND THE UNITED STATES POSTAL SERVICE, OR ANY 17
747-OTHER INSTRUMENTALITY WHOLLY OWNED BY THE UNITED STATES, OR BY ANY 18
748-DEPARTMENT OR AGENCY OF THE DISTRICT OF COLUMBIA OR ANY TERRI TORY OR 19
749-POSSESSION OF THE UNITED STATES. 20
750-
751- (B) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 21
752-AN INDIVIDUAL EMPLOY ED IN THE SERVICE OF TH E FEDERAL GOVERNMENT AS A 22
753-HEALTH CARE PRACTITI ONER WHO IS REGULATE D BY THE BOARD MAY PRACTICE 23
754-WITHOUT A LICENSE WH ILE PRACTICING WITHI N THE SCOPE OF THE E MPLOYMENT 24
755-ON FEDERAL PROPERTY . 25
756-
757- (C) SUBJECT TO THE RULES , REGULATIONS , AND ORDER S OF THE BOARD, 26
758-AN AUTHORIZED SUPERV ISOR MAY SUPERVISE A N UNLICENSED INDIVID UAL 27
759-EMPLOYED IN THE SERV ICE OF THE FEDERAL G OVERNMENT AS A HEALT H CARE 28
760-PRACTITIONER WHO IS REGULATED BY THE BOARD WHILE THE INDIV IDUAL IS 29
761-PRACTICING WITHIN TH E SCOPE OF THE EMPLO YMENT ON FEDERAL PROPE RTY. 30
762-
763-14–301. 31
764-
765- (a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 32
766-qualify for a license, an applicant shall be an individual who meets the requirements of this 33
767-section. 34
768-
769- (b) The applicant shall be of good moral character. 35 HOUSE BILL 232 17
770-
771-
772-
773- (c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 1
774-shall be at least 18 years old. 2
775-
776- [(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 3
777-
778- (1) (i) Have a degree of doctor of medicine from a medical school that is 4
779-accredited by an accrediting organization that the Board recognizes in its regulations; and 5
780-
781- (ii) Submit evidence acceptable to the Board of successful completion 6
782-of 1 year of training in a postgraduate medical training program that is accredited by an 7
783-accrediting organization that the Board recognizes in its regulations; or 8
784-
785- (2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 9
786-in the United States, its territories or possessions, Puerto Rico, or Canada that has 10
787-standards for graduation equivalent to those established by the American Osteopathic 11
788-Association; and 12
789-
790- (ii) Submit evidence acceptable to the Board of successful completion 13
791-of 1 year of training in a postgraduate medical training program accredited by an 14
792-accrediting organization that the Board recognizes in its regulations.] 15
793-
794- (D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 16
795-CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 17
796-
797- (e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 18
798-[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 19
799-OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 20
800-
801- (f) The applicant shall meet any other qualifications that the Board establishes 21
802-in its regulations for license applicants. 22
803-
804- [(g) An otherwise qualified applicant who passes the examination after having 23
805-failed the examination or any part of the examination 3 or more times may qualify for a 24
806-license only if the applicant: 25
807-
808- (1) Has successfully completed 2 or more years of a residency or fellowship 26
809-accredited by the Accreditation Council on Graduate Medical Education or the American 27
810-Osteopathic Association; 28
811-
812- (2) (i) Has a minimum of 5 years of clinical practice of medicine: 29
813-
814- 1. In the United States or in Canada; 30
815-
816- 2. With at least 3 of the 5 years having occurred within 5 31
817-years of the date of the application; and 32 18 HOUSE BILL 232
818-
819-
820-
821- 3. That occurred under a full unrestricted license to practice 1
822-medicine; and 2
823-
824- (ii) Has no disciplinary action pending and has had no disciplinary 3
825-action taken against the applicant that would be grounds for discipline under § 14–404 of 4
826-this title; or 5
827-
828- (3) Is board certified.] 6
829-
830- [(h)] (G) (1) The Board shall require as part of its examination or licensing 7
831-procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 8
832-PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 9
833-
834- (2) Graduation from a recognized English–speaking undergraduate school 10
835-or high school, including General Education Development (GED), after at least 3 years of 11
836-enrollment, or from a recognized English–speaking professional school is acceptable as 12
837-proof of proficiency in the oral communication of the English language under this section. 13
838-
839- (3) By regulation, the Board shall develop a procedure for testing 14
840-individuals who because of their speech impairment are unable to complete satisfactorily a 15
841-Board approved standardized test of oral competency. 16
842-
843- (4) If any disciplinary charges or action that involves a problem with the 17
844-oral communication of the English language are brought against a licensee under this title, 18
845-the Board shall require the licensee to take and pass a Board approved standardized test 19
846-of oral competency. 20
847-
848- [(i) The applicant shall complete a criminal history records check in accordance 21
849-with § 14–308.1 of this subtitle. 22
850-
851- (j) (1) The Board shall license an applicant to practice medicine if: 23
852-
853- (i) The applicant: 24
854-
855- 1. Became licensed or certified as a physician in another 25
856-jurisdiction under requirements that the Board determines are substantially equivalent to 26
857-the licensing requirements of this title; 27
858-
859- 2. Is in good standing under the laws of the other 28
860-jurisdiction; 29
861-
862- 3. Submits an application to the Board on a form that the 30
863-Board requires; and 31
864-
865- 4. Pays to the Board an application fee set by the Board; and 32
866- HOUSE BILL 232 19
867-
868-
869- (ii) The jurisdiction in which the applicant is licensed or certified 1
870-offers a similar reciprocal licensing process for individuals licensed to practice medicine by 2
871-the Board. 3
872-
873- (2) The Board shall adopt regulations to implement this subsection.] 4
874-
875-14–303. 5
876-
877- [(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 6
878-
879- (1) Complete a criminal history records check in accordance with [§ 7
880-14–308.1] § 14–302 of this subtitle; 8
881-
882- (2) Submits Submit an application to the Board on the form that the Board 9
883-requires; and 10
884-
885- (3) Pay to the Board the application fee set by the Board. 11
886-
887- [(b) The Board may not release a list of applicants for licensure.] 12
888-
889-14–304. 13
890-
891- (b) (1) On receipt of the criminal history record information of an applicant for 14
892-licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 15
893-in determining whether to issue a license, the Board shall consider: 16
894-
895- (i) The age at which the crime was committed; 17
896-
897- (ii) The nature of the crime; 18
898-
899- (iii) The circumstances surrounding the crime; 19
900-
901- (iv) The length of time that has passed since the crime; 20
902-
903- (v) Subsequent work history; 21
904-
905- (vi) Employment and character references; and 22
906-
907- (vii) Other evidence that demonstrates whether the applicant poses a 23
908-threat to the public health or safety. 24
909-
910- (2) The Board may not issue a license if the criminal history record 25
911-information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 26
912-
913-14–305. 27
914- 20 HOUSE BILL 232
915-
916-
917- (a) Except as otherwise provided in this title, a license authorizes the licensee to 1
918-practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 2
919-LICENSE ISSUED BY TH E BOARD while the license is effective. 3
920-
921- (b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 4
922-THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 5
923-
924-14–306. 6
925-
926- (a) (1) This subsection does not apply to a physician who is on inactive status 7
927-under [§ 14–320] § 14–511 of this [subtitle] TITLE or emeritus status under [§ 14–302.1] 8
928-§ 14–512 of this [subtitle] TITLE. 9
929-
930- (2) The term of a license issued by the Board may not exceed 3 years. 10
931-
932- (3) A license expires on a date set by the Board, unless the license is 11
933-renewed for [a] AN ADDITIONAL term as provided in this section. 12
934-
935- (b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 13
936-license expires, the Board shall send to the licensee, by electronic or first–class mail to the 14
937-last known electronic or physical address of the licensee[: 15
938-
939- (i) A] A renewal notice that states: 16
940-
941- [1.] (I) The date on which the current license expires; 17
942-
943- [2.] (II) The date by which the renewal application must be 18
944-received by the Board for the renewal to be issued and mailed before the license expires; 19
945-and 20
946-
947- [3.] (III) The amount of the renewal fee[; and 21
948-
949- (ii) A blank panel data sheet supplied by the Health Care 22
950-Alternative Dispute Resolution Office]. 23
951-
952- (2) If the Board chooses to send renewal notices exclusively by electronic 24
953-mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 25
954-first–class mail to a licensee on request of the licensee. 26
955-
956- (c) (1) Before the license expires, the licensee periodically may renew it for an 27
957-additional term, if the licensee: 28
958-
959- (i) Otherwise is entitled to be licensed; 29
960-
961- (ii) Is of good moral character; 30
962- HOUSE BILL 232 21
963-
964-
965- (iii) Pays to the Board a renewal fee set by the Board; [and] 1
966-
967- (iv) Submits to the Board: 2
968-
969- 1. A renewal application on the form that the Board requires; 3
970-and 4
971-
972- 2. Satisfactory evidence of compliance with any continuing 5
973-education OR COMPETENCY requirements set under this section for license renewal; AND 6
974-
975- (V) MEETS ANY ADDITIONAL LICENSE RENEWAL 7
976-REQUIREMENTS ESTABLI SHED BY THE BOARD. 8
977-
978- (2) Within 30 days after a license renewal under Section 7 of the Interstate 9
979-Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 10
980-shall submit to the Board the information required under paragraph (1)(iv) of this 11
981-subsection. 12
982-
983- (d) (1) In addition to any other qualifications and requirements established by 13
984-the Board, the Board may establish continuing education OR COMPETENCY requirements 14
985-as a condition to the renewal of licenses under this section. 15
986-
987- [(2) In establishing these requirements, the Board shall evaluate existing 16
988-methods, devices, and programs in use among the various medical specialties and other 17
989-recognized medical groups. 18
990-
991- (3) The Board shall adopt regulations that allow a licensee seeking renewal 19
992-to receive up to 5 continuing education credits per renewal period for providing 20
993-uncompensated, voluntary medical services during each renewal period. 21
994-
995- (4) The Board may not establish or enforce these requirements if they 22
996-would so reduce the number of physicians in a community as to jeopardize the availability 23
997-of adequate medical care in that community.] 24
998-
999- [(5)] (2) The Board may not establish a continuing education requirement 25
1000-that every licensee complete a specific course or program as a condition to the renewal of a 26
1001-license under this section. 27
1002-
1003- [(6) A disciplinary panel may impose a civil penalty of up to $100 per 28
1004-continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 29
1005-first offense, for the failure of a licensee to obtain the continuing medical education credits 30
1006-required by the Board.] 31
1007-
1008- (e) The Board shall renew the license of each licensee who meets the 32
1009-requirements of this section AND ANY ADDITIONAL R EQUIREMEN TS ESTABLISHED 33 22 HOUSE BILL 232
1010-
1011-
1012-UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 1
1013-APPLICABLE. 2
1014-
1015- [(f) (1) Each licensee shall notify the secretary of the Board in writing of any 3
1016-change in the licensee’s name or address within 60 days after the change. 4
1017-
1018- (2) If a licensee fails to notify the secretary of the Board within the time 5
1019-required under this section, the licensee is subject to an administrative penalty of $100.] 6
1020-
1021- [(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 7
1022-history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 8
1023-
1024- (i) Renewal applicants as determined by regulations adopted by the 9
1025-Board; and 10
1026-
1027- (ii) Each former licensee who files for reinstatement under [§ 14–317 11
1028-of this subtitle] THIS TITLE. 12
1029-
1030- (2) On receipt of the criminal history record information of a licensee 13
1031-forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 14
1032-determining whether disciplinary action should be taken, based on the criminal record 15
1033-information, against a licensee who renewed or reinstated a license, the Board shall 16
1034-consider: 17
1035-
1036- (i) The age at which the crime was committed; 18
1037-
1038- (ii) The nature of the crime; 19
1039-
1040- (iii) The circumstances surrounding the crime; 20
1041-
1042- (iv) The length of time that has passed since the crime; 21
1043-
1044- (v) Subsequent work history; 22
1045-
1046- (vi) Employment and character references; and 23
1047-
1048- (vii) Other evidence that demonstrates whether the licensee poses a 24
1049-threat to the public health or safety. 25
1050-
1051- (3) The Board may renew or reinstate a license only if the licensee or 26
1052-applicant attests that the licensee or applicant has submitted to a criminal history records 27
1053-check under [§ 14–308.1] § 14–302 of this subtitle. 28
1054-
1055-14–307. 29
1056- HOUSE BILL 232 23
1057-
1058-
1059- The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 1
1060-to renew the license for any reason, is on inactive status under [§ 14–320] § 14–511 of this 2
1061-[subtitle] TITLE, or is on emeritus status under [§ 14–320.1] § 14–512 of this [subtitle] 3
1062-TITLE if the [physician] INDIVIDUAL: 4
1063-
1064- (1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 5
1065-AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 6
1066-5E, 5F, 5G, OR 5H OF THIS TITLE; 7
1067-
1068- (2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 8
1069-THE BOARD REQUIRES ; 9
1070-
1071- [(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 10
1072-
1073- [(3)] (4) Submits to the Board satisfactory evidence of compliance with 11
1074-the qualifications and requirements established under this title for license reinstatements; 12
1769+ (1) (I) HAVE A DEGREE OF DOCTOR OF MEDICINE FROM A 24
1770+MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 25
1771+THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 26
1772+
1773+ (II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 27
1774+SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDICAL 28
1775+TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 29
1776+THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 30
1777+
1778+ (2) (I) HAVE A DEGREE OF DOCTOR OF OSTEOPATHY FROM A 31
1779+SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 32
1780+POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 33
1781+EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 34 38 HOUSE BILL 232
1782+
1783+
1784+ASSOCIATION; AND 1
1785+
1786+ (II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 2
1787+SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 3
1788+TRAINING PROGRAM ACCR EDITED BY AN ACCREDI TING ORGANIZATION TH AT THE 4
1789+BOARD RECOGNIZES IN I TS REGULATIONS . 5
1790+
1791+ (C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 6
1792+MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 7
1793+AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMI NATION 8
1794+THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 9
1795+
1796+ (1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 10
1797+RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 11
1798+GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 12
1799+
1800+ (2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 13
1801+MEDICINE: 14
1802+
1803+ 1. IN THE UNITED STATES OR IN CANADA; 15
1804+
1805+ 2. WITH A LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 16
1806+WITHIN 5 YEARS OF THE DATE OF THE APPLICATION; AND 17
1807+
1808+ 3. THAT OCCURRED UNDER A FULL UNRESTRICTED 18
1809+LICENSE TO PRACTICE MEDICINE; AND 19
1810+
1811+ (II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 20
1812+DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 21
1813+FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 22
1814+
1815+ (3) IS BOARD CERTIFIED . 23
1816+
1817+ (D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 24
1818+MEDICINE IF: 25
1819+
1820+ (I) THE APPLICANT: 26
1821+
1822+ 1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 27
1823+ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 28
1824+ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 29
1825+TITLE; 30
1826+
1827+ 2. IS IN GOOD STANDING U NDER THE LAWS OF THE 31 HOUSE BILL 232 39
1828+
1829+
1830+OTHER JURISDICTION ; 1
1831+
1832+ 3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 2
1833+THAT THE BOARD REQUIRES ; AND 3
1834+
1835+ 4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 4
1836+THE BOARD; AND 5
1837+
1838+ (II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 6
1839+OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 7
1840+INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 8
1841+
1842+ (2) THE BOARD SHALL ADOPT REGULATIONS TO IMPLEMENT THIS 9
1843+SUBSECTION. 10
1844+
1845+ (E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 11
1846+FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 12
1847+METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 13
1848+SPECIALTIES AND OTHER RECOGNIZED MED ICAL GROUPS. 14
1849+
1850+ (2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 15
1851+LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING ED UCATION 16
1852+CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 17
1853+MEDICAL SERVICES DUR ING EACH RENEWA L PERIOD. 18
1854+
1855+ (3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 19
1856+REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 20
1857+COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 21
1858+THAT COMMUNITY . 22
1859+
1860+14–505. 23
1861+
1862+ (b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 24
1863+educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 25
1864+subtitle, if the applicant: 26
1865+
1866+ (1) Has studied medicine at a foreign medical school; 27
1867+
1868+ (2) Is certified by the Educational Commission for Foreign Medical 28
1869+Graduates or by its successor as approved by the Board; 29
1870+
1871+ (3) Passes a qualifying examination for foreign medical school graduates 30
1872+required by the Board; 31
1873+
1874+ (4) Meets any other qualifications for foreign medical school graduates that 32 40 HOUSE BILL 232
1875+
1876+
1877+the Board establishes in its regulation for licensing of applicants; 1
1878+
1879+ (5) Submits acceptable evidence to the Board of the requirements set in the 2
1880+Board’s regulations; and 3
1881+
1882+ (6) Meets one of the following requirements: 4
1883+
1884+ (i) The applicant graduated from any foreign medical school and 5
1885+submits evidence acceptable to the Board of successful completion of 2 years of training in 6
1886+a postgraduate medical education program accredited by an accrediting organization 7
1887+recognized by the Board; or 8
1888+
1889+ (ii) The applicant successfully completed a fifth pathway program 9
1890+and submits evidence acceptable to the Board that the applicant: 10
1891+
1892+ 1. Has a document issued by the foreign medical school 11
1893+certifying that the applicant completed all of the formal requirements of that school for the 12
1894+study of medicine, except for the postgraduate or social service components as required by 13
1895+the foreign country or its medical school; 14
1896+
1897+ 2. Has successfully completed a fifth pathway program; and 15
1898+
1899+ 3. Has successfully completed 2 years of training in a 16
1900+postgraduate medical education program following completion of a Board approved fifth 17
1901+pathway program. 18
1902+
1903+14–506. 19
1904+
1905+ (a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 20
1906+under this title is entitled to sit for an examination as provided under this section or any 21
1907+regulations adopted to carry out this section. 22
1908+
1909+14–510. 23
1910+
1911+ (a) The Board may: 24
1912+
1913+ (1) License TO PRACTICE MEDICINE an applicant by virtue of the 25
1914+conceded eminence and authority of the applicant in the profession if the applicant: 26
1915+
1916+ (i) Is recommended to the Board by: 27
1917+
1918+ 1. The dean of a school of medicine in the State; or 28
1919+
1920+ 2. The Director of the National Institutes of Health; 29
1921+
1922+ (ii) Is to receive an appointment at the institution making the 30
1923+recommendation under item (i) of this paragraph; and 31 HOUSE BILL 232 41
1924+
1925+
1926+
1927+ (iii) Meets any other requirement the Board may adopt by regulation 1
1928+under this section; 2
1929+
1930+ (2) Define by regulation the term “conceded eminence and authority in the 3
1931+profession” and, for this purpose, shall consider such criteria as: 4
1932+
1933+ (i) Academic appointments; 5
1934+
1935+ (ii) Length of time in the profession; 6
1936+
1937+ (iii) Scholarly publications; and 7
1938+
1939+ (iv) Professional accomplishments; 8
1940+
1941+ (3) Adopt regulations concerning the further qualifications of an applicant 9
1942+for licensure, including conditions of employment, application procedures, and fees under 10
1943+this section; 11
1944+
1945+ (4) Allow an exception to the general education and examination 12
1946+requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 13
1947+this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 14
1948+14–301(A) THROUGH (C) of this [subtitle] TITLE; 15
1949+
1950+ (5) Qualify, restrict, or otherwise limit a license granted under this section; 16
1951+and 17
1952+
1953+ (6) Require a 6–month probationary period during which the medical 18
1954+services performed by the applicant granted a license under this section are supervised by 19
1955+another licensed physician. 20
1956+
1957+14–511. 21
1958+
1959+ (b) A licensee on inactive status is exempt from the continuing education 22
1960+requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 23
1961+
1962+14–512. 24
1963+
1964+ (c) A licensee on emeritus status is exempt from the continuing education 25
1965+requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 26
1966+
1967+14–514. 27
1968+
1969+ (C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 28
1970+OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT E XCEEDING 29
1971+$500. 30 42 HOUSE BILL 232
1972+
1973+
1974+
1975+ (D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
1976+SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
1977+
1978+14–515. 3
1979+
1980+ (A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 4
1981+IS MADE BY A PATIENT OR A FAMILY MEMBER O F A PATIENT BASED ON § 5
1982+14–516(A)(22) OF THIS SUBTITLE, AND A FULL INVESTIGA TION RESULTS FROM TH AT 6
1983+ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER FOR AN 7
1984+INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 8
1985+PRESENT AT OR AROUND THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 9
1986+ALLEGATION OCCURRED . 10
1987+
1988+ (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 11
1989+BEING ASSIGNED A COMPLAINT UNDER § 14–401.1 OF THIS TITLE , THE 12
1990+DISCIPLINARY PANEL M AY: 13
1991+
1992+ (I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 14
1993+THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 15
1994+THIS SECTION; OR 16
1995+
1996+ (II) TAKE ANY APPROPRIATE AND IMMEDIA TE ACTION AS 17
1997+NECESSARY. 18
1998+
1999+ (2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 19
2000+COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 20
2001+THAT THE LICENSEE MA Y HAVE VIOLATED § 14–516(A)(22) OF THIS SUBTITLE , THE 21
2002+DISCIPLINARY PANEL S HALL REFER THE ALLEGATION TO THE EN TITY OR ENTITIES 22
2003+THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 23
2004+SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEWS WITHIN THE 24
2005+INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 25
2006+
2007+ (II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 26
2008+REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 27
2009+UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 28
2010+DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 29
2011+
2012+ (C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 30
2013+COMPLAINS THAT SET FORT H ALLEGATIONS OF GRO UNDS FOR DISCIPLINAR Y 31
2014+ACTION UNDER § 14–516 OF THIS SUBTITLE. 32
2015+
2016+ (D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 33
2017+SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 34 HOUSE BILL 232 43
2018+
2019+
2020+CONFIDENTIAL PHYS ICIAN PEER REVIEW OF ALLEGATIONS BASED ON § 1
2021+14–516(A)(22) OF THIS SUBTITLE. 2
2022+
2023+ (2) A PEER REVIEWER SHALL : 3
2024+
2025+ (I) BE BOARD CERTIFIED ; 4
2026+
2027+ (II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 5
2028+HAND; 6
2029+
2030+ (III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 7
2031+EXPERIENCE AND TRAINI NG; 8
2032+
2033+ (IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 9
2034+OWN LICENSE; 10
2035+
2036+ (V) RECEIVE TRAINING IN P EER REVIEW; 11
2037+
2038+ (VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 12
10752039 AND 13
10762040
1077- (5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 14
1078-REQUIREMENTS ESTABLI SHED BY THE BOARD. 15
1079-
1080-14–401.1. 16
1081-
1082- (a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 17
1083-subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 18
1084-this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 19
1085-the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 20
1086-disciplinary panel. 21
1087-
1088- [(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 22
1089-enter into a written contract with an entity or individual for confidential physician peer 23
1090-review of allegations based on § 14–404(a)(22) of this subtitle. 24
1091-
1092- (2) A peer reviewer shall: 25
1093-
1094- (i) Be board certified; 26
1095-
1096- (ii) Have special qualifications to judge the matter at hand; 27
1097-
1098- (iii) Have received a specified amount of medical experience and 28
1099-training; 29
1100-
1101- (iv) Have no formal actions against the peer reviewer’s own license; 30
1102-
1103- (v) Receive training in peer review; 31 24 HOUSE BILL 232
1104-
1105-
1106-
1107- (vi) Have a standard format for peer review reports; and 1
1108-
1109- (vii) To the extent practicable, be licensed and engaged in the practice 2
1110-of medicine in the State. 3
1111-
1112- (3) The Board may consult with the appropriate specialty health care 4
1113-provider societies in the State to obtain a list of physicians qualified to provide peer review 5
1114-services. 6
1115-
1116- (4)] For purposes of peer review, the Board may use sole source 7
1117-procurement under § 13–107 of the State Finance and Procurement Article. 8
1118-
1119- [(5)] (2) The hearing of charges may not be stayed or challenged because 9
1120-of the selection of peer reviewers under this subsection before the filing of charges. 10
1121-
1122- [(f)] (C) (1) The entity or individual peer reviewer with which the Board 11
1123-contracts under subsection [(e)] (B) of this section OR § 14–515 OF THIS TITLE shall have 12
1124-90 days for completion of peer review. 13
1125-
1126- (2) The entity or individual peer reviewer may apply to the Board for an 14
1127-extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection. 15
1128-
1129- (3) If an extension is not granted, and 90 days have elapsed, the Board may 16
1130-contract with any other entity or individual who meets the requirements of subsection 17
1131-[(e)(2)] (B)(2) of this section for the services of peer review. 18
1132-
1133- (4) If an extension has been granted, and 120 days have elapsed, the Board 19
1134-may contract with any other entity or individual who meets the requirements of subsection 20
1135-[(e)(2)] (B)(2) of this section for the services of peer review. 21
1136-
1137- [(g)] (D) The Board shall issue a request for proposals and enter into a written 22
1138-contract with a nonprofit entity to provide rehabilitation services for physicians or other 23
1139-allied health professionals directed by the Board to receive rehabilitation services. 24
1140-
1141- [(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 25
1142-matters and the mediation of fee disputes coming before it, the Board may contract with an 26
1143-entity or entities for the purchase of investigatory, mediation, and related services. 27
1144-
1145- (2) Services that may be contracted for under this subsection include the 28
1146-services of: 29
1147-
1148- (i) Investigators; 30
1149-
1150- (ii) Attorneys; 31
1151- HOUSE BILL 232 25
1152-
1153-
1154- (iii) Accountants; 1
1155-
1156- (iv) Expert witnesses; 2
1157-
1158- (v) Consultants; and 3
1159-
1160- (vi) Mediators. 4
1161-
1162- [(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 5
1163-oaths in connection with any investigation under this section and any hearing or proceeding 6
1164-before it. 7
1165-
1166- [(j)] (G) (1) It is the intent of this section that the disposition of every 8
1167-complaint against a licensee that sets forth allegations of grounds for disciplinary action 9
1168-filed with the Board shall be completed as expeditiously as possible and, in any event, 10
1169-within 18 months after the complaint was received by the Board. 11
1170-
1171- (2) If a disciplinary panel is unable to complete the disposition of a 12
1172-complaint within 1 year, the Board shall include in the record of that complaint a detailed 13
1173-explanation of the reason for the delay. 14
1174-
1175- [(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 15
1176-health professional to discuss the proposed disposition of a complaint, shall provide an 16
1177-opportunity to appear before the disciplinary panel to both the licensee who has been 17
1178-charged and the individual who has filed the complaint against the licensee giving rise to 18
1179-the charge. 19
1180-
1181-14–401.2. 20
1182-
1183- (e) A disciplinary panel may issue a cease and desist order or obtain injunctive 21
1184-relief against an individual for: 22
1185-
1186- (1) Practicing a profession regulated under this title [or Title 15 of this 23
1187-article] without a license OR WITH AN UNAUTHORI ZED PERSON; 24
1188-
1189- (2) Representing to the public, by title, description of services, methods, 25
1190-procedures, or otherwise, that the individual is authorized to practice: 26
1191-
1192- (i) Medicine in this State, in violation of [§ 14–602] § 14–529 of this 27
1193-title; 28
1194-
1195- (ii) Respiratory care in this State, in violation of § 14–5A–21 of this 29
1196-title; 30
1197-
1198- (iii) Radiation therapy, radiography, nuclear medicine technology, or 31
1199-radiation assistance in this State, in violation of § 14–5B–18 of this title; 32 26 HOUSE BILL 232
1200-
1201-
1202-
1203- (iv) Polysomnography in this State, in violation of § 14–5C–21 of this 1
1204-title; 2
1205-
1206- (v) Athletic training in this State, in violation of § 14–5D–17(3) of 3
1207-this title; 4
1208-
1209- (vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 5
1210-
1211- (vii) Naturopathic medicine in this State, in violation of § 14–5F–30 6
1212-of this title; [or] 7
1213-
1214- (viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATIONS 8
1215-VIOLATION OF § 14–5G–24 OF THIS TITLE; OR 9
1216-
1217- (IX) As a physician assistant in this State, in violation of [§ 15–402 of 10
1218-this article] § 14–5H–19 OF THIS TITLE; or 11
1219-
1220- (3) Taking any action: 12
1221-
1222- (i) For which a disciplinary panel determines there is a 13
1223-preponderance of evidence of grounds for discipline under [§ 14–404] § 14–516 of this title; 14
1224-and 15
1225-
1226- (ii) That poses a serious risk to the health, safety, and welfare of a 16
1227-patient. 17
1228-
1229-14–402. 18
1230-
1231- (a) In reviewing an application for licensure or in investigating an allegation 19
1232-brought against a licensed physician or any allied health professional regulated by the 20
1233-Board under this title, the [Physician] Rehabilitation Program may request the Board to 21
1234-direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 22
1235-physician or any allied health professional regulated by the Board under this title to submit 23
1236-to an appropriate examination. 24
1237-
1238- (c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 25
1239-to submit to an examination is prima facie evidence of the licensed individual’s OR 26
1240-APPLICANT’S inability to practice medicine or the respective discipline competently, unless 27
1241-the Board or disciplinary panel finds that the failure or refusal was beyond the control of 28
1242-the licensed individual OR APPLICANT . 29
1243-
1244- (d) The Board shall pay the costs of any examination OF A LICENSEE made under 30
1245-this section. 31
1246- HOUSE BILL 232 27
1247-
1248-
1249- (e) (1) The Board or the entity or entities with which the Board contracts shall 1
1250-appoint the members of the [Physician] Rehabilitation Program. 2
1251-
1252- (2) The chair of the Board shall appoint one member of the Board to serve 3
1253-as a liaison to the [Physician] Rehabilitation Program. 4
1254-
1255- (f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 5
1256-Auditor as provided in § 2–1220 of the State Government Article. 6
1257-
1258-14–403. 7
1259-
1260- (a) Unless a disciplinary panel agrees to accept the surrender of a license, 8
1261-certification, or registration of an individual the Board regulates, the individual may not 9
1262-surrender the license, certification, or registration nor may the license, certification, or 10
1263-registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 11
1264-DISCIPLINE while the individual is under investigation or while charges are pending. 12
1265-
1266-14–404. 13
1267-
1268- SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 14
1269-PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 15
1270-LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW TH E 16
1271-APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 17
1272-FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–516, § 18
1273-14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 19
1274-14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 20
1275-
1276-14–405. 21
1277-
1278- (a) Except as otherwise provided in the Administrative Procedure Act, before the 22
1279-Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 23
1280-or [§ 14–205(b)(3)] § 14–516(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 24
1281-14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 25
1282-it shall give the individual against whom the action is contemplated an opportunity for a 26
1283-hearing before a hearing officer. 27
1284-
1285- [(g)] (F) The hearing of charges may not be stayed or challenged by any 28
1286-procedural defects alleged to have occurred prior to the filing of charges. 29
1287-
1288-14–406. 30
1289-
1290- (a) Following the filing of charges, if a majority of the quorum of a disciplinary 31
1291-panel finds that there are grounds for action under [§ 14–404] § 14–516, § 14–5A–17, § 32
1292-14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 33 28 HOUSE BILL 232
1293-
1294-
1295-14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 1
1296-with the Administrative Procedure Act. 2
1297-
1298- (b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 3
1299-of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 4
1300-14–516, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 5
1301-§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 6
1302-
1303- (1) Immediately shall dismiss the charges and exonerate the licensee; 7
1304-
1305- (2) (i) Except as provided in item (ii) of this item, shall expunge all 8
1306-records of the charges 3 years after the charges are dismissed; or 9
1307-
1308- (ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 10
1309-a document releasing the Board from any liability related to the charges, shall immediately 11
1310-expunge all records of the charges; and 12
1311-
1312- (3) May not take any further action on the charges. 13
1313-
1314-14–409. 14
1315-
1316- (a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 15
1317-ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 16
1318-PANEL, may reinstate the license of an individual whose license has been surrendered or 17
1319-revoked under this title only in accordance with: 18
1320-
1321- (i) The terms and conditions of the order of revocation or letter of 19
1322-surrender; 20
1323-
1324- (ii) An order of reinstatement issued by the disciplinary panel; or 21
1325-
1326- (iii) A final judgment in any proceeding for review. 22
1327-
1328- (2) If a license is surrendered or revoked for a period of more than 1 year, 23
1329-[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 24
1330-
1331- (i) Meets the requirements for reinstatement as established by the 25
1332-Board; and 26
1333-
1334- (ii) Completes a criminal history records check in accordance with [§ 27
1335-14–308.1] § 14–302 of this title. 28
1336-
1337- (c) If an order of revocation is based on [§ 14–404(b)] § 14–516(B), § 29
1338-14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 30
1339-14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 31 HOUSE BILL 232 29
1340-
1341-
1342-conviction or plea subsequently is overturned at any stage of an appeal or other 1
1343-postconviction proceeding, the revocation ends when the conviction or plea is overturned. 2
1344-
1345-14–411. 3
1346-
1347- (d) The Board shall disclose any information contained in a record to: 4
1348-
1349- (1) A committee of a hospital, health maintenance organization, or related 5
1350-institution if: 6
1351-
1352- (i) The committee of a medical hospital staff concerned with 7
1353-[physician] LICENSEE discipline or other committee of a hospital, health maintenance 8
1354-organization, or related institution requests the information in writing; 9
1355-
1356- (ii) A disciplinary panel has issued an order as to a [licensed 10
1357-physician] LICENSEE on whom the information is requested; and 11
1358-
1359- (iii) The Board determines that the information requested is 12
1360-necessary for an investigation or action of the committee as to a medical privilege of a 13
1361-[licensed physician] LICENSEE; or 14
1362-
1363- (2) The Secretary, the Office of Health Care Quality in the Department, 15
1364-the Maryland Health Care Commission, or the Health Services Cost Review Commission 16
1365-for the purpose of investigating quality or utilization of care in any entity regulated by the 17
1366-Office of Health Care Quality or the Health Services Cost Review Commission. 18
1367-
1368- (g) (1) The Board shall notify all hospitals, health maintenance organizations, 19
1369-or other health care facilities where a [physician or an allied health professional] 20
1370-LICENSEE regulated by the Board has privileges, has a provider contract with a health 21
1371-maintenance organization, or is employed of a complaint or report filed against that 22
1372-[physician] LICENSEE, if: 23
1373-
1374- (i) The Board determines, in its discretion, that the hospital, health 24
1375-maintenance organization, or health care facility should be informed about the report or 25
1376-complaint; 26
1377-
1378- (ii) The nature of the complaint suggests a reasonable possibility of 27
1379-an imminent threat to patient safety; or 28
1380-
1381- (iii) The complaint or report was as a result of a claim filed in the 29
1382-Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 30
1383-filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 31
1384-
1385- (2) The Board shall disclose any information pertaining to a [physician’s] 32
1386-LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 33 30 HOUSE BILL 232
1387-
1388-
1389-to a committee of a hospital, health maintenance organization, or other health care facility 1
1390-if: 2
1391-
1392- (i) The committee is concerned wit h [physician] LICENSEE 3
1393-discipline and requests the information in writing; and 4
1394-
1395- (ii) The Board has received a complaint or report pursuant to 5
1396-paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 6
1397-the information is requested. 7
1398-
1399- (3) The Board shall, after formal action is taken pursuant to § 14–406 of 8
1400-this subtitle, notify those hospitals, health maintenance organizations, or health care 9
1401-facilities where the [physician] LICENSEE has privileges, has a provider contract with a 10
1402-health maintenance organization, or is employed of its formal action within 10 days after 11
1403-the action is taken and shall provide the hospital, health maintenance organization, or 12
1404-health care facility with periodic reports as to enforcement or monitoring of a formal 13
1405-disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 14
1406-reports. 15
1407-
1408- (h) On the request of a person who has made a complaint to the Board regarding 16
1409-a [physician] LICENSEE, the Board shall provide the person with information on the status 17
1410-of the complaint. 18
1411-
1412- (j) The Board may disclose any information contained in a record to a licensing 19
1413-or disciplinary authority of another state if: 20
1414-
1415- (1) The licensing or disciplinary authority of another state that regulates 21
1416-[licensed physicians] LICENSEES in that state requests the information in writing; and 22
1417-
1418- (2) The disclosure of any information is limited to the pendency of an 23
1419-allegation of a ground for disciplinary or other action by a disciplinary panel until: 24
1420-
1421- (i) The disciplinary panel has passed an order under § 14–406 of 25
1422-this subtitle; or 26
1423-
1424- (ii) A [licensed physician] LICENSEE on whom the information is 27
1425-requested authorizes a disclosure as to the facts of an allegation or the results of an 28
1426-investigation before the Board. 29
1427-
1428- (k) The Board may disclose any information contained in a record to a person if: 30
1429-
1430- (1) A [licensed physician] LICENSEE on whom any information is 31
1431-requested authorizes the person to receive the disclosure; 32
1432-
1433- (2) The person requests the information in writing; and 33
1434- HOUSE BILL 232 31
1435-
1436-
1437- (3) The authorization for the disclosure is in writing. 1
1438-
1439- (p) (1) The Board may publish a summary of any allegations of grounds for 2
1440-disciplinary or other action. 3
1441-
1442- (2) A summary may not identify: 4
1443-
1444- (i) Any person who makes an allegation to the Board or any of its 5
1445-investigatory bodies; 6
1446-
1447- (ii) A [licensed physician] LICENSEE about whom an allegation is 7
1448-made; or 8
1449-
1450- (iii) A witness in an investigation or a proceeding before the Board or 9
1451-any of its investigatory bodies. 10
1452-
1453-14–411.1. 11
1454-
1455- (b) The Board shall create and maintain a public individual profile on each 12
1456-licensee that includes the following information: 13
1457-
1458- (1) A summary of charges filed against the licensee, including a copy of the 14
1459-charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–516 15
1460-of this [subtitle] TITLE based on the charges or has rescinded the charges; 16
1461-
1462- (2) A description of any disciplinary action taken by the Board or a 17
1463-disciplinary panel against the licensee within the most recent 10–year period that includes 18
1464-a copy of the public order; 19
1465-
1466- (3) A description in summary form of any final disciplinary action taken by 20
1467-a licensing board in any other state or jurisdiction against the licensee within the most 21
1468-recent 10–year period; 22
1469-
1470- (4) A description of a conviction or entry of a plea of guilty or nolo 23
1471-contendere by the licensee for a crime involving moral turpitude reported to the Board 24
1472-under § 14–416 of this subtitle; and 25
1473-
1474- [(5) As reported to the Board by the licensee, education and practice 26
1475-information about the licensee including: 27
1476-
1477- (i) The name of any medical school that the licensee attended and 28
1478-the date on which the licensee graduated from the school; 29
1479-
1480- (ii) A description of any internship and residency training; 30
1481- 32 HOUSE BILL 232
1482-
1483-
1484- (iii) A description of any specialty board certification by a recognized 1
1485-board of the Association; American Board of Medical Specialties or the American 2
1486-Osteopathic Association; 3
1487-
1488- (iv) The name of any hospital where the licensee has medical 4
1489-privileges; 5
1490-
1491- (v) The location of the licensee’s primary practice setting; 6
1492-
1493- (vi) Whether the licensee participates in the Maryland Medical 7
1494-Assistance Program; 8
1495-
1496- (vii) Whether the licensee maintains medical professional liability 9
1497-insurance; and 10
1498-
1499- (viii) The number of medical malpractice final court judgments and 11
1500-arbitration awards against the licensee within the most recent 10–year period.] 12
1501-
1502- (5) FOR A PHYSICIAN, THE INFORMATION REQUIRED UNDER § 14–517 13
1503-OF THIS TITLE. 14
1504-
1505- (c) In addition to the requirements of subsection (b) of this section, the Board 15
1506-shall: 16
1507-
1508- (1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 17
1509-DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 18
1510-BOARD’S WEBSITE. 19
1511-
1512- (2) Provide appropriate and accessible Internet links from the Board’s 20
1513-[Internet site] WEBSITE: 21
1514-
1515- (i) To the extent available, to the appropriate portion of the 22
1516-[Internet site] WEBSITE of each health maintenance organization licensed in this State 23
1517-which will allow the public to ascertain the names of the physicians affiliated with the 24
1518-health maintenance organization; and 25
1519-
1520- (ii) To the appropriate portion of the [Internet site] WEBSITE of the 26
1521-American Medical Association; 27
1522-
1523- [(2)] (3) Include a statement on each licensee’s profile of information to 28
1524-be taken into consideration by a consumer when viewing a licensee’s profile, including 29
1525-factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 30
1526-that a charging document does not indicate a final finding of guilt by a disciplinary panel; 31
1527-and 32
1528-
1529- [(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 33 HOUSE BILL 232 33
1530-
1531-
1532-
1533- (i) Notification that a person may contact the Board by telephone, 1
1534-electronic mail, or written request to find out whether the number of medical malpractice 2
1535-settlements involving a particular licensee totals three or more with a settlement amount 3
1536-of $150,000 or greater within the most recent 5–year period as reported to the Board; and 4
1537-
1538- (ii) A telephone number, electronic mail address, and physical 5
1539-address through which a person may contact the Board to request the information required 6
1540-to be provided under item (i) of this item. 7
1541-
1542- (d) The Board: 8
1543-
1544- (1) On receipt of a written request for a licensee’s profile from any person, 9
1545-shall forward a written copy of the profile to the person; 10
1546-
1547- (2) Shall maintain a website that serves as a single point of entry where 11
1548-all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 12
1549-public on the Internet; and 13
1550-
1551- (3) On receipt of a verbal, electronic, or written request in accordance with 14
1552-subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 15
1553-days of the request. 16
1554-
1555-14–413. 17
1556-
1557- (A) A person may not make any false statement, report, or representation to the 18
1558-Board or a disciplinary panel. 19
1559-
1560- (B) (1) A PERSON WHO VIOLATED VIOLATES ANY PROVISION OF THI S 20
1561-SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE 21
1562-NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 22
1563-
1564- (2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
1565-SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
1566-
1567-14–416. 25
1568-
1569- (a) Each court shall report to the Board each conviction of or entry of a plea of 26
1570-guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 27
1571-turpitude. 28
1572-
1573-14–417. 29
1574-
1575- (A) (1) EACH LICENSEE SHALL N OTIFY THE BOARD IN WRITING OF A NY 30
1576-CHANGE IN THE LICENS EE’S NAME OR ADDRESS WI THIN 60 DAYS AFTER THE 31
1577-CHANGE. 32 34 HOUSE BILL 232
1578-
1579-
1580-
1581- (2) IF THE LICENSEE FAILS TO NOTIFY THE BOARD WITHIN THE TIME 1
1582-REQUIRED UNDER THIS SECTION, THE LICENSEE IS SUBJ ECT TO AN 2
1583-ADMINISTRATIVE PENAL TY OF $100. 3
1584-
1585- (B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 4
1586-PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 5
1587-OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 6
1588-EDUCATION CREDIT CREDITS REQUIRED BY THE BOARD. 7
1589-
1590-Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 8
1591-
1592-14–502. 9
1593-
1594- Subject to the rules, regulations, and orders of the Board, the following individuals 10
1595-may practice medicine without a license: 11
1596-
1597- (1) A medical student or an individual in a postgraduate medical training 12
1598-program that is accredited by an accrediting organization recognized by the Board in 13
1599-regulations, while the individual is practicing medicine in the program and doing the 14
1600-assigned duties at any office of a licensed physician, hospital, clinic, or similar facility; 15
1601-
1602- (2) A physician licensed by and residing in another jurisdiction, if the 16
1603-physician: 17
1604-
1605- (i) Is engaged in consultation with a physician licensed in the State 18
1606-about a particular patient and does not direct patient care; 19
1607-
1608- (ii) 1. Has an active, unrestricted license to practice medicine in 20
1609-the jurisdiction where the physician regularly engages in the practice of medicine; 21
1610-
1611- 2. Is employed by or has a written agreement with an athletic 22
1612-team or a sports team based outside the State; 23
1613-
1614- 3. Is designated as the team physician by the athletic or 24
1615-sports team to provide medical care to the team’s members, band members, cheerleading 25
1616-squad, mascot, coaches, and other staff who travel to a specified sporting event taking place 26
1617-in the State; 27
1618-
1619- 4. While in the State, provides medical care only to 28
1620-individuals listed in item 3 of this item; 29
1621-
1622- 5. Does not provide medical care in the State for more than 30
1623-45 days in a calendar year; and 31
1624- HOUSE BILL 232 35
1625-
1626-
1627- 6. Does not engage in the practice of medicine at a hospital, 1
1628-related institution, or other health care facility, including an acute care facility, located 2
1629-within the State; or 3
1630-
1631- (iii) Is engaged in clinical training or participates in training or 4
1632-teaching of a skill or procedure in a hospital if: 5
1633-
1634- 1. The skill or procedure: 6
1635-
1636- A. Is advanced beyond those skills or procedures normally 7
1637-taught or exercised in the hospital and in standard medical education or training; 8
1638-
1639- B. Could not be otherwise conveniently taught or 9
1640-demonstrated in standard medical education or training in that hospital; and 10
1641-
1642- C. Is likely to benefit Maryland patients in this instance; 11
1643-
1644- 2. The demonstration of all skills or procedures by the 12
1645-physician does not exceed 14 days total in the calendar year; 13
1646-
1647- 3. A licensed physician who practices at a hospital in the 14
1648-State will be responsible for the medical care provided by that visiting physician to patients 15
1649-in the State; 16
1650-
1651- 4. The visiting physician has no history of any medical 17
1652-disciplinary action in any other state, territory, nation, or any branch of the United States 18
1653-uniformed services or the [Veterans Administration] U.S. DEPARTME NT OF VETERANS 19
1654-AFFAIRS, and has no significant detrimental malpractice history; 20
1655-
1656- 5. The physician is covered by malpractice insurance in the 21
1657-jurisdiction in which the physician practices; and 22
1658-
1659- 6. The hospital ensures that the patients will be protected by 23
1660-adequate malpractice insurance; 24
1661-
1662- [(3) A physician employed in the service of the federal government while 25
1663-performing the duties incident to that employment;] 26
1664-
1665- [(4)] (3) A physician who resides in and is authorized to practice medicine 27
1666-by any state adjoining this State for the purpose of prescribing home health services to a 28
1667-patient who resides in this State, if the physician: 29
1668-
1669- (i) Does not have an office or other regularly appointed place in this 30
1670-State to meet patients; and 31
1671- 36 HOUSE BILL 232
1672-
1673-
1674- (ii) Has performed an in–person physical examination of the patient 1
1675-within the jurisdictional boundaries of the adjoining state in which the prescribing 2
1676-physician is authorized to practice medicine; and 3
1677-
1678- [(5)] (4) An individual while under the supervision of a licensed physician 4
1679-who has specialty training in psychiatry, and whose specialty training in psychiatry has 5
1680-been approved by the Board, if the individual submits an application to the Board on or 6
1681-before October 1, 1993, and either: 7
1682-
1683- (i) 1. Has a master’s degree from an accredited college or 8
1684-university; and 9
1685-
1686- 2. Has completed a graduate program accepted by the Board 10
1687-in a behavioral science that includes 1,000 hours of supervised clinical psychotherapy 11
1688-experience; or 12
1689-
1690- (ii) 1. Has a baccalaureate degree from an accredited college or 13
1691-university; and 14
1692-
1693- 2. Has 4,000 hours of supervised clinical experience that is 15
1694-approved by the Board. 16
1695-
1696-14–503. 17
1697-
1698- (c) (1) The Board shall adopt rules and regulations to delineate the scope of 18
1699-this section. 19
1700-
1701- (2) Before it adopts any rule or regulation under this section, the Board 20
1702-shall invite and consider proposals from any individual or health group that could be 21
1703-affected by the rule or regulation. 22
1704-
1705- (e) Except as otherwise provided in this section, an individual may perform 23
1706-X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 24
1707-
1708- (1) Do not include: 25
1709-
1710- (i) Computerized or noncomputerized tomography; 26
1711-
1712- (ii) Fluoroscopy; 27
1713-
1714- (iii) Invasive radiology; 28
1715-
1716- (iv) Mammography; 29
1717-
1718- (v) Nuclear medicine; 30
1719-
1720- (vi) Radiation therapy; or 31 HOUSE BILL 232 37
1721-
1722-
1723-
1724- (vii) Xerography; 1
1725-
1726- (2) Are limited to X–ray procedures of the: 2
1727-
1728- (i) Chest, anterior–posterior and lateral; 3
1729-
1730- (ii) Spine, anterior–posterior and lateral; or 4
1731-
1732- (iii) Extremities, anterior–posterior and lateral, not including the 5
1733-head; and 6
1734-
1735- (3) Are performed: 7
1736-
1737- (i) By an individual who is not employed primarily to perform 8
1738-X–ray duties; 9
1739-
1740- (ii) In the medical office of the physician who delegates the duties; 10
1741-and 11
1742-
1743- (iii) 1. By an individual who, before October 1, 2002, has: 12
1744-
1745- A. Taken a course consisting of at least 30 hours of training 13
1746-in performing X–ray procedures approved by the Maryland Radiological Society in 14
1747-consultation with the Maryland Society of Radiologic Technologists; and 15
1748-
1749- B. Successfully passed an examination based on that course 16
1750-that has been approved by the Maryland Radiological Society in consultation with the 17
1751-Maryland Society of Radiologic Technologists; or 18
1752-
1753- 2. By a licensed physician assistant who has completed a 19
1754-course that includes anterior–posterior and lateral radiographic studies of extremities on 20
1755-at least 20 separate patients under the direct supervision of the delegating physician or 21
1756-radiologist using a mini C–arm or similar low–level radiation machine to perform 22
1757-nonfluoroscopic X–ray procedures, if the duties: 23
1758-
1759- A. Include only the X–ray procedures described in paragraph 24
1760-(2)(iii) of this subsection; and 25
1761-
1762- B. Are performed pursuant to a Board–approved delegation 26
1763-agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 27
1764-14–5H–08(C)(2) of this [article] TITLE. 28
1765-
1766-14–504. 29
1767- 38 HOUSE BILL 232
1768-
1769-
1770- (A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 1
1771-THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 2
1772-REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 3
1773-
1774- (B) EXCEPT AS PROVIDED IN § 14–505 OF THE THIS SUBTITLE, THE 4
1775-APPLICANT SHALL : 5
1776-
1777- (1) (I) HAVE A DEGREE OF DOCTOR OF MEDICINE FROM A 6
1778-MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 7
1779-THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 8
1780-
1781- (II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 9
1782-SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 10
1783-TRAINING PROGRAM TH AT IS ACCREDITED BY AN ACCREDITING ORGAN IZATION 11
1784-THAT THE BOARD RECOGNIZES IN I TS REGULATIONS ; OR 12
1785-
1786- (2) (I) HAVE A DEGREE OF DOCTOR OF OSTEOPATHY FROM A 13
1787-SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 14
1788-POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STANDARDS FOR GR ADUATION 15
1789-EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 16
1790-ASSOCIATION; AND 17
1791-
1792- (II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 18
1793-SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POSTGRADUATE MEDIC AL 19
1794-TRAINING PROGRAM ACC REDITED BY AN ACCREDITING OR GANIZATION THAT THE 20
1795-BOARD RECOGNIZES IN I TS REGULATIONS . 21
1796-
1797- (C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 22
1798-MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 23
1799-AFTER HAVING FAILED THE EXAMINATION OR A NY PART OF THE EXAMINATION 24
1800-THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 25
1801-
1802- (1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEARS OF A 26
1803-RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 27
1804-GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 28
1805-
1806- (2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 29
1807-MEDICINE: 30
1808-
1809- 1. IN THE UNITED STATES OR IN CANADA; 31
1810-
1811- 2. WITH A AT LEAST 3 OF THE 5 YEARS HAVING 32
1812-OCCURRED WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 33
1813- HOUSE BILL 232 39
1814-
1815-
1816- 3. THAT OCCURRED UNDER A FUL L UNRESTRICTED 1
1817-LICENSE TO PRACTICE MEDICINE; AND 2
1818-
1819- (II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 3
1820-DISCIPLINARY ACTION TAKEN AGAINST THE AP PLICANT THAT WOULD B E GROUNDS 4
1821-FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 5
1822-
1823- (3) IS BOARD CERTIFIED . 6
1824-
1825- (D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 7
1826-MEDICINE IF: 8
1827-
1828- (I) THE APPLICANT: 9
1829-
1830- 1. BECAME LICENSED OR CE RTIFIED AS A PHYSICI AN IN 10
1831-ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 11
1832-ARE SUBSTANTIALLY EQUIVALENT TO THE LI CENSING REQUIREMENTS OF THIS 12
1833-TITLE; 13
1834-
1835- 2. IS IN GOOD STANDING U NDER THE LAWS OF THE 14
1836-OTHER JURISDICTION ; 15
1837-
1838- 3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 16
1839-THAT THE BOARD REQUIRES ; AND 17
1840-
1841- 4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 18
1842-THE BOARD; AND 19
1843-
1844- (II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 20
1845-OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 21
1846-INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 22
1847-
1848- (2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 23
1849-SUBSECTION. 24
1850-
1851- (E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 25
1852-FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 26
1853-METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 27
1854-SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 28
1855-
1856- (2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 29
1857-LICENSEE SEEKING REN EWAL TO RECEIVE UP T O FIVE CONTINUING ED UCATION 30
1858-CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 31
1859-MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 32 40 HOUSE BILL 232
1860-
1861-
1862-
1863- (3) THE BOARD MAY NOT ESTABLISH OR ENFORCE THESE 1
1864-REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 2
1865-COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 3
1866-THAT COMMUNITY . 4
1867-
1868-14–505. 5
1869-
1870- (b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 6
1871-educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 7
1872-subtitle, if the applicant: 8
1873-
1874- (1) Has studied medicine at a foreign medical school; 9
1875-
1876- (2) Is certified by the Educational Commission for Foreign Medical 10
1877-Graduates or by its successor as approved by the Board; 11
1878-
1879- (3) Passes a qualifying examination for foreign medical school graduates 12
1880-required by the Board; 13
1881-
1882- (4) Meets any other qualifications for foreign medical school graduates that 14
1883-the Board establishes in its regulation for licensing of applicants; 15
1884-
1885- (5) Submits acceptable evidence to the Board of the requirements set in the 16
1886-Board’s regulations; and 17
1887-
1888- (6) Meets one of the following requirements: 18
1889-
1890- (i) The applicant graduated from any foreign medical school and 19
1891-submits evidence acceptable to the Board of successful completion of 2 years of training in 20
1892-a postgraduate medical education program accredited by an accrediting organization 21
1893-recognized by the Board; or 22
1894-
1895- (ii) The applicant successfully completed a fifth pathway program 23
1896-and submits evidence acceptable to the Board that the applicant: 24
1897-
1898- 1. Has a document issued by the foreign medical school 25
1899-certifying that the applicant completed all of the formal requirements of that school for the 26
1900-study of medicine, except for the postgraduate or social service components as required by 27
1901-the foreign country or its medical school; 28
1902-
1903- 2. Has successfully completed a fifth pathway program; and 29
1904-
1905- 3. Has successfully completed 2 years of training in a 30
1906-postgraduate medical education program following completion of a Board approved fifth 31
1907-pathway program. 32 HOUSE BILL 232 41
1908-
1909-
1910-
1911-14–506. 1
1912-
1913- (a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 2
1914-under this title is entitled to sit for an examination as provided under this section or any 3
1915-regulations adopted to carry out this section. 4
1916-
1917-14–510. 5
1918-
1919- (a) The Board may: 6
1920-
1921- (1) License TO PRACTICE MEDICINE an applicant by virtue of the 7
1922-conceded eminence and authority of the applicant in the profession if the applicant: 8
1923-
1924- (i) Is recommended to the Board by: 9
1925-
1926- 1. The dean of a school of medicine in the State; or 10
1927-
1928- 2. The Director of the National Institutes of Health; 11
1929-
1930- (ii) Is to receive an appointment at the institution making the 12
1931-recommendation under item (i) of this paragraph; and 13
1932-
1933- (iii) Meets any other requirement the Board may adopt by regulation 14
1934-under this section; 15
1935-
1936- (2) Define by regulation the term “conceded eminence and authority in the 16
1937-profession” and, for this purpose, shall consider such criteria as: 17
1938-
1939- (i) Academic appointments; 18
1940-
1941- (ii) Length of time in the profession; 19
1942-
1943- (iii) Scholarly publications; and 20
1944-
1945- (iv) Professional accomplishments; 21
1946-
1947- (3) Adopt regulations concerning the further qualifications of an applicant 22
1948-for licensure, including conditions of employment, application procedures, and fees under 23
1949-this section; 24
1950-
1951- (4) Allow an exception to the general education and examination 25
1952-requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 26
1953-this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 27
1954-14–301(A) THROUGH (C) of this [subtitle] TITLE; 28
1955- 42 HOUSE BILL 232
1956-
1957-
1958- (5) Qualify, restrict, or otherwise limit a license granted under this section; 1
1959-and 2
1960-
1961- (6) Require a 6–month probationary period during which the medical 3
1962-services performed by the applicant granted a license under this section are supervised by 4
1963-another licensed physician. 5
1964-
1965-14–511. 6
1966-
1967- (b) A licensee on inactive status is exempt from the continuing education 7
1968-requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 8
1969-
1970-14–512. 9
1971-
1972- (c) A licensee on emeritus status is exempt from the continuing education 10
1973-requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 11
1974-
1975-14–514. 12
1976-
1977- (C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 13
1978-OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT E XCEEDING 14
1979-$500. 15
1980-
1981- (D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 16
1982-SECTION INTO THE BOARD OF PHYSICIANS FUND. 17
1983-
1984-14–515. 18
1985-
1986- (A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 19
1987-IS MADE BY A PATIENT OR A FAMILY MEMBER O F A PATIENT BASED ON § 20
1988-14–516(A)(22) OF THIS SUBTITLE, AND A FULL INVESTIGA TION RESULTS FROM TH AT 21
1989-ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER FOR AN 22
1990-INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 23
1991-PRESENT AT OR AROUND THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 24
1992-ALLEGATION OCCURRED . 25
1993-
1994- (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 26
1995-BEING ASSIGNED A COMPLAINT UNDER § 14–401.1 OF THIS TITLE , THE 27
1996-DISCIPLINARY PANEL M AY: 28
1997-
1998- (I) REFER AN ALLEGATION F OR FURTHER INVESTIGA TION TO 29
1999-THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 30
2000-THIS SECTION; OR 31
2001- HOUSE BILL 232 43
2002-
2003-
2004- (II) TAKE ANY APPROPRIATE AND IMMEDIA TE ACTION AS 1
2005-NECESSARY. 2
2006-
2007- (2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 3
2008-COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 4
2009-THAT THE LICENSEE MA Y HAVE VIOLATED § 14–516(A)(22) OF THIS SUBTITLE , THE 5
2010-DISCIPLINARY PANEL S HALL REFER THE ALLEGATION TO THE EN TITY OR ENTITIES 6
2011-THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 7
2012-SECTION FOR FURTHER INVESTIGATION AND PH YSICIAN PEER REVIEWS WITHIN THE 8
2013-INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 9
2014-
2015- (II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 10
2016-REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 11
2017-UNDER SUBSECTION (D) OF THIS SECTION FOR EACH ALLEGATION THE 12
2018-DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 13
2019-
2020- (C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 14
2021-COMPLAINS COMPLAINTS THAT SET FORTH ALLEG ATIONS OF GROUNDS FO R 15
2022-DISCIPLINARY ACTION UNDER § 14–516 OF THIS SUBTITLE. 16
2023-
2024- (D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 17
2025-SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 18
2026-CONFIDENTIAL PHYSICIAN PEE R REVIEW OF ALLEGATI ONS BASED ON § 19
2027-14–516(A)(22) OF THIS SUBTITLE. 20
2028-
2029- (2) A PEER REVIEWER SHALL : 21
2030-
2031- (I) BE BOARD CERTIFIED ; 22
2032-
2033- (II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 23
2034-HAND; 24
2035-
2036- (III) HAVE RECEIVED A SPECI FIED AMOUNT O F MEDICAL 25
2037-EXPERIENCE AND TRAIN ING; 26
2038-
2039- (IV) HAVE NO FORMAL ACTION S AGAINST THE PEER R EVIEWER’S 27
2040-OWN LICENSE; 28
2041-
2042- (V) RECEIVE TRAINING IN P EER REVIEW; 29
2043-
2044- (VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 30
2045-AND 31
2046- 44 HOUSE BILL 232
2047-
2048-
2049- (VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGAGED 1
2050-IN THE PRACTICE OF M EDICINE IN THE STATE. 2
2051-
2052- (3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 3
2053-HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 4
2054-QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 5
2055-
2056-14–516. 6
2057-
2058- (a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 7
2059-disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 8
2060-panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 9
2061-a license if the licensee: 10
2041+ (VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGAGED 14
2042+IN THE PRACTICE OF M EDICINE IN THE STATE. 15
2043+
2044+ (3) THE BOARD MAY CONSULT WIT H THE APPROPRIATE SP ECIALTY 16
2045+HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIS T OF PHYSICIANS 17
2046+QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 18
2047+
2048+14–516. 19
2049+
2050+ (a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 20
2051+disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 21
2052+panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 22
2053+a license if the licensee: 23
2054+
2055+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 24
2056+the applicant or licensee or for another; 25
2057+
2058+ (2) Fraudulently or deceptively uses a license; 26
2059+
2060+ (3) Is guilty of: 27
2061+
2062+ (i) Immoral conduct in the practice of medicine; or 28
2063+
2064+ (ii) Unprofessional conduct in the practice of medicine; 29 44 HOUSE BILL 232
2065+
2066+
2067+
2068+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
2069+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
2070+
2071+ (5) Solicits or advertises in violation of [§ 14–503] § 14–514 of this [title] 3
2072+SUBTITLE; 4
2073+
2074+ (6) Abandons a patient; 5
2075+
2076+ (7) Habitually is intoxicated; 6
2077+
2078+ (8) Is addicted to, or habitually abuses, any narcotic or controlled 7
2079+dangerous substance as defined in § 5–101 of the Criminal Law Article; 8
2080+
2081+ (9) Provides professional services: 9
2082+
2083+ (i) While under the influence of alcohol; or 10
2084+
2085+ (ii) While using any narcotic or controlled dangerous substance, as 11
2086+defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 12
2087+amounts or without valid medical indication; 13
2088+
2089+ (10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 14
2090+as to exploit the patient for financial gain; 15
2091+
2092+ (11) Willfully makes or files a false report or record in the practice of 16
2093+medicine; 17
2094+
2095+ (12) Willfully fails to file or record any medical report as required under law, 18
2096+willfully impedes or obstructs the filing or recording of the report, or induces another to fail 19
2097+to file or record the report; 20
2098+
2099+ (13) On proper request, and in accordance with the provisions of Title 4, 21
2100+Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 22
2101+record to the patient, another physician, or hospital; 23
2102+
2103+ (14) Solicits professional patronage through an agent or other person or 24
2104+profits from the acts of a person who is represented as an agent of the physician; 25
2105+
2106+ (15) Pays or agrees to pay any sum to any person for bringing or referring a 26
2107+patient or accepts or agrees to accept any sum from any person for bringing or referring a 27
2108+patient; 28
2109+
2110+ (16) Agrees with a clinical or bioanalytical laboratory to make payments to 29
2111+the laboratory for a test or test series for a patient, unless the licensed physician discloses 30
2112+on the bill to the patient or third–party payor: 31
2113+ HOUSE BILL 232 45
2114+
2115+
2116+ (i) The name of the laboratory; 1
2117+
2118+ (ii) The amount paid to the laboratory for the test or test series; and 2
2119+
2120+ (iii) The amount of procurement or processing charge of the licensed 3
2121+physician, if any, for each specimen taken; 4
2122+
2123+ (17) Makes a willful misrepresentation in treatment; 5
2124+
2125+ (18) Practices medicine with an unauthorized person or aids an 6
2126+unauthorized person in the practice of medicine; 7
2127+
2128+ (19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 8
2129+OVERUTILIZATION OF health care services; 9
2130+
2131+ (20) Offers, undertakes, or agrees to cure or treat disease by a secret 10
2132+method, treatment, or medicine; 11
2133+
2134+ (21) Is disciplined by a licensing or disciplinary authority or convicted or 12
2135+disciplined by a court of any state or country or disciplined by any branch of the United 13
2136+States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 14
2137+VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 15
2138+section; 16
2139+
2140+ (22) Fails to meet appropriate standards as determined by appropriate peer 17
2141+review for the delivery of quality medical and surgical care performed in an outpatient 18
2142+surgical facility, office, hospital, or any other location in this State; 19
2143+
2144+ (23) Willfully submits false statements to collect fees for which services are 20
2145+not provided; 21
2146+
2147+ (24) Was subject to investigation or disciplinary action by a licensing or 22
2148+disciplinary authority or by a court of any state or country for an act that would be grounds 23
2149+for disciplinary action under this section and the licensee: 24
2150+
2151+ (i) Surrendered the license issued by the state or country to the 25
2152+state or country; or 26
2153+
2154+ (ii) Allowed the license issued by the state or country to expire or 27
2155+lapse; 28
2156+
2157+ (25) Knowingly fails to report suspected child abuse in violation of § 5–704 29
2158+of the Family Law Article; 30
2159+
2160+ (26) Fails to educate a patient being treated for breast cancer of alternative 31
2161+methods of treatment as required by § 20–113 of the Health – General Article; 32
2162+ 46 HOUSE BILL 232
2163+
2164+
2165+ (27) Sells, prescribes, gives away, or administers drugs for illegal or 1
2166+illegitimate medical purposes; 2
2167+
2168+ (28) Fails to comply with the provisions of § 12–102 of this article; 3
2169+
2170+ (29) Refuses, withholds from, denies, or discriminates against an individual 4
2171+with regard to the provision of professional services for which the licensee is licensed and 5
2172+qualified to render because the individual is HIV positive; 6
2173+
2174+ (30) Except as to an association that has remained in continuous existence 7
2175+since July 1, 1963: 8
2176+
2177+ (i) Associates with a pharmacist as a partner or co–owner of a 9
2178+pharmacy for the purpose of operating a pharmacy; 10
2179+
2180+ (ii) Employs a pharmacist for the purpose of operating a pharmacy; 11
2181+or 12
2182+
2183+ (iii) Contracts with a pharmacist for the purpose of operating a 13
2184+pharmacy; 14
2185+
2186+ (31) Except in an emergency life–threatening situation where it is not 15
2187+feasible or practicable, fails to comply with the Centers for Disease Control and 16
2188+Prevention’s guidelines on universal precautions; 17
2189+
2190+ (32) Fails to display the notice required under [§ 14–415] § 14–520 of this 18
2191+subtitle; 19
2192+
2193+ (33) Fails to cooperate with a lawful investigation conducted by the Board 20
2194+or a disciplinary panel; 21
2195+
2196+ (34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 22
2197+Article; 23
2198+
2199+ (35) Is in breach of a service obligation resulting from the applicant’s or 24
2200+licensee’s receipt of State or federal funding for the licensee’s medical education; 25
2201+
2202+ (36) Willfully makes a false representation when seeking or making 26
2203+application for licensure or any other application related to the practice of medicine; 27
2204+
2205+ (37) By corrupt means, threats, or force, intimidates or influences, or 28
2206+attempts to intimidate or influence, for the purpose of causing any person to withhold or 29
2207+change testimony in hearings or proceedings before the Board or a disciplinary panel or 30
2208+those otherwise delegated to the Office of Administrative Hearings; 31
2209+
2210+ (38) By corrupt means, threats, or force, hinders, prevents, or otherwise 32
2211+delays any person from making information available to the Board or a disciplinary panel 33 HOUSE BILL 232 47
2212+
2213+
2214+in furtherance of any investigation of the Board or a disciplinary panel; 1
2215+
2216+ (39) Intentionally misrepresents credentials for the purpose of testifying or 2
2217+rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 3
2218+panel or those otherwise delegated to the Office of Administrative Hearings; 4
2219+
2220+ (40) Fails to keep adequate medical records as determined by appropriate 5
2221+peer review; 6
2222+
2223+ (41) Performs a cosmetic surgical procedure in an office or a facility that is 7
2224+not: 8
2225+
2226+ (i) Accredited by: 9
2227+
2228+ 1. The American Association for Accreditation of Ambulatory 10
2229+Surgical Facilities; 11
2230+
2231+ 2. The Accreditation Association for Ambulatory Health 12
2232+Care; or 13
2233+
2234+ 3. The Joint Commission on the Accreditation of Healthcare 14
2235+Organizations; or 15
2236+
2237+ (ii) Certified to participate in the Medicare program, as enacted by 16
2238+Title XVIII of the Social Security Act; 17
2239+
2240+ (42) Fails to complete a criminal history records check under [§ 14–308.1] § 18
2241+14–302 of this title; 19
2242+
2243+ (43) Except for the licensure process described under Subtitle 3A of this 20
2244+title, violates any provision of this title, any rule or regulation adopted by the Board, or any 21
2245+State or federal law pertaining to the practice of medicine; 22
2246+
2247+ (44) Fails to meet the qualifications for licensure under THIS SUBTITLE 23
2248+AND Subtitle 3 of this title; 24
2249+
2250+ (45) Fails to comply with § 1–223 of this article; or 25
2251+
2252+ (46) Fails to comply with the requirements of the Prescription Drug 26
2253+Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 27
2254+
2255+14–517. 28
2256+
2257+ THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AND 29
2258+MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE , AS REPORTED TO 30
2259+THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 31 48 HOUSE BILL 232
2260+
2261+
2262+THE LICENSEE, INCLUDING: 1
2263+
2264+ (1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 2
2265+ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUATED FROM T HE 3
2266+SCHOOL; 4
2267+
2268+ (2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 5
2269+
2270+ (3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 6
2271+RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 7
2272+AMERICAN OSTEOPATHIC ASSOCIATION; 8
2273+
2274+ (4) THE NAME OF ANY HOSPI TAL WHERE THE LICENSEE H AS MEDICAL 9
2275+PRIVILEGES; 10
2276+
2277+ (5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 11
2278+
2279+ (6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 12
2280+MEDICAL ASSISTANCE PROGRAM; 13
2281+
2282+ (7) WHETHER THE LICENSEE MAINTAINS MEDICAL PR OFESSIONAL 14
2283+LIABILITY INSURANCE ; AND 15
2284+
2285+ (8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 16
2286+JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 17
2287+RECENT 10–YEAR PERIOD. 18
2288+
2289+14–518. 19
2290+
2291+ (a) (1) Each hospital and related institution shall submit to the Board a report 20
2292+within 10 days after: 21
2293+
2294+ (i) The hospital or related institution denied the application of a 22
2295+physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 23
2296+privileges of a physician, or the physician resigned whether or not under formal accusation, 24
2297+if the denial, limitation, reduction, change, termination, or resignation is for reasons that 25
2298+might be grounds for disciplinary action under [§ 14–404] § 14–516 of this subtitle; 26
2299+
2300+ (ii) The hospital or related institution took any disciplinary action 27
2301+against a salaried, licensed physician without staff privileges, including termination of 28
2302+employment, suspension, or probation, for reasons that might be grounds for disciplinary 29
2303+action under [§ 14–404] § 14–516 of this subtitle; 30
2304+
2305+ (iii) A licensed physician voluntarily resigned from the staff, employ, 31
2306+or training program of the hospital or related institution for reasons that might be grounds 32 HOUSE BILL 232 49
2307+
2308+
2309+for disciplinary action under [§ 14–404] § 14–516 of this subtitle; or 1
2310+
2311+ (iv) The hospital or related institution placed any other restrictions 2
2312+or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 3
2313+paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 4
2314+§ 14–516 of this subtitle. 5
2315+
2316+14–519. 6
2317+
2318+ (a) (1) Each alternative health system as defined in § 1–401 of this article shall 7
2319+submit to the Board a report within 10 days after: 8
2320+
2321+ (i) The alternative health system denied the formal application of a 9
2322+physician to contract with the alternative health system or limited, reduced, otherwise 10
2323+changed, or terminated the contract of a physician, or the physician resigned whether or 11
2324+not under formal accusation, if the denial, limitation, reduction, change, termination, or 12
2325+resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 13
2326+14–516 of this subtitle; or 14
2327+
2328+ (ii) The alternative health system placed any other restrictions or 15
2329+conditions on any licensed physician for any reasons that might be grounds for disciplinary 16
2330+action under [§ 14–404] § 14–516 of this subtitle. 17
2331+
2332+14–522. 18
2333+
2334+ (C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 19
2335+GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 20
2336+EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 21
2337+
2338+ (2) THE BOARD SHALL PAY ANY PENALT Y COLLECTED UNDER TH IS 22
2339+SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
2340+
2341+14–525. 24
2342+
2343+ (B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 25
2344+GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
2345+EXCEEDING $5,000 OR IMPRISON MENT NOT EXCEEDING 5 YEARS OR BOTH . 27
2346+
2347+ (2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 28
2348+SECTION INTO THE BOARD OF PHYSICIANS FUND. 29
2349+
2350+ [(b)] (C) (1) The Board shall investigate any alleged violation of this section 30
2351+or [§ 14–507] § 14–524 of this [title] SUBTITLE and may enforce any provision of this title 31
2352+by injunction or other appropriate proceedings. 32
2353+ 50 HOUSE BILL 232
2354+
2355+
2356+ [(c)] (2) An action under this [section] SUBSECTION is in addition to and not 1
2357+instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 2
2358+SECTION. 3
2359+
2360+14–526. 4
2361+
2362+ (D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
2363+GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 6
2364+EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
2365+
2366+ (2) A PERSON WHO IS REQUIRED TO GIVE NOTICE UNDER THIS 8
2367+SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE TO CIVIL 9
2368+PENALTY OF NOT MORE THAN $100. 10
2369+
2370+ (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 11
2371+SECTION INTO THE BOARD OF PHYSICIANS FUND. 12
2372+
2373+14–528. 13
2374+
2375+ (A) Except as otherwise provided in this title: 14
2376+
2377+ (1) A person may not practice, attempt to practice, or offer to practice 15
2378+medicine in the State unless licensed by the Board; and 16
2379+
2380+ (2) A licensee on inactive status under [§ 14–320] § 14–511 of this subtitle 17
2381+or emeritus status under [§ 14–320.1] § 14–512 of this subtitle may not: 18
2382+
2383+ (i) Practice, attempt to practice, or offer to practice medicine in the 19
2384+State; or 20
2385+
2386+ (ii) Delegate medical acts. 21
2387+
2388+ (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 22
2389+PERSON WHO VIOLATES THIS SECTION IS: 23
2390+
2391+ (I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 24
2392+FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 25
2393+BOTH; AND 26
2394+
2395+ (II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 27
2396+BE LEVIED BY A DISCIPLI NARY PANEL. 28
2397+
2398+ (2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 29
2399+NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 30
2400+§ 14–306 OF THIS TITLE IF: 31 HOUSE BILL 232 51
2401+
2402+
2403+
2404+ (I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 1
2405+OF THE LICENSE; AND 2
2406+
2407+ (II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 3
2408+REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 4
2409+
2410+ (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 5
2411+SECTION INTO THE BOARD OF PHYSICIANS FUND. 6
2412+
2413+14–529. 7
2414+
2415+ (a) Unless authorized to practice medicine under this title, a person may not 8
2416+represent to the public, by description of services, methods, or procedures, or otherwise, 9
2417+that the person is authorized to practice medicine in this State. 10
2418+
2419+ (b) Except as otherwise provided in this [article] TITLE, a person may not use the 11
2420+words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent 12
2421+that the person practices medicine, unless the person is: 13
2422+
2423+ (1) Licensed to practice medicine under this title; 14
2424+
2425+ (2) A physician licensed by and residing in another jurisdiction, while 15
2426+engaging in consultation with a physician licensed in this State; 16
2427+
2428+ (3) A physician employed by the federal government while performing 17
2429+duties incident to that employment; 18
2430+
2431+ (4) A physician who resides in and is licensed to practice medicine by any 19
2432+state adjoining this State and whose practice extends into this State; 20
2433+
2434+ (5) An individual in a postgraduate medical program that is accredited by 21
2435+an accrediting organization recognized by the Board in regulations while the individual is 22
2436+practicing medicine in the program; or 23
2437+
2438+ (6) A licensee who is on emeritus status under [§ 14–320.1] § 14–512 of 24
2439+this [title] SUBTITLE, [provided that] IF the licensee does not represent to the public that 25
2440+the licensee is authorized to practice medicine in the State. 26
2441+
2442+ (c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 27
2443+§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 28
2444+word to describe the occupation of the individual as in phrases such as “physician’s 29
2445+assistant” or “physician’s aide”. 30
2446+
2447+ (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 31
2448+PERSON WHO VIOLATES THIS SECTION IS: 32 52 HOUSE BILL 232
2449+
2450+
2451+
2452+ (I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 1
2453+FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 2
2454+BOTH; AND 3
2455+
2456+ (II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 4
2457+BE LEVIED BY A DISCI PLINARY PANEL . 5
2458+
2459+ (2) THE PROVISIONS OF PARAGRAPH (1) OF THIS SUBSECTION D O 6
2460+NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 7
2461+§ 14–306 OF THIS TITLE IF: 8
2462+
2463+ (I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 9
2464+OF THE LICENSE; AND 10
2465+
2466+ (II) THE FORMER LICENSEE H AS APPLIED FOR LICENSE 11
2467+REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 12
2468+
2469+ (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 13
2470+SECTION INTO THE BOARD OF PHYSICIANS FUND. 14
2471+
2472+14–5A–01. 15
2473+
2474+ (a) In this subtitle the following words have the meanings indicated. 16
2475+
2476+ (c) “Committee” means the Respiratory Care [Professional Standards] 17
2477+ADVISORY Committee established under § 14–5A–05 of this subtitle. 18
2478+
2479+14–5A–05. 19
2480+
2481+ There is a Respiratory Care [Professional Standards] ADVISORY Committee within 20
2482+the Board. 21
2483+
2484+14–5A–06. 22
2485+
2486+ (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 23
2487+
2488+14–5A–08. 24
2489+
2490+ (a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 25
2491+licensed by the Board before the individual may practice respiratory care in this State. 26
2492+
2493+ (b) This section does not apply to: 27
2494+
2495+ [(1) An individual employed by the federal government as a respiratory care 28 HOUSE BILL 232 53
2496+
2497+
2498+practitioner while the individual is practicing within the scope of that employment; 1
2499+
2500+ (2)] (1) A respiratory care practitioner student enrolled in an education 2
2501+program which is accredited by an approved accrediting organization while practicing 3
2502+respiratory care in the program; or 4
2503+
2504+ [(3)] (2) An individual practicing respiratory care who is licensed by and 5
2505+residing in another jurisdiction if: 6
2506+
2507+ (i) The individual is participating in the transportation of a patient 7
2508+from that individual’s jurisdiction of licensure into the State; 8
2509+
2510+ (ii) The individual practices respiratory care only during the 9
2511+transportation of the patient; 10
2512+
2513+ (iii) The individual does not practice respiratory care on another 11
2514+individual who is not the patient being transported into the State; and 12
2515+
2516+ (iv) The individual does not practice respiratory care in the State for 13
2517+more than a total of 14 days within a calendar year. 14
2518+
2519+14–5A–09. 15
2520+
2521+ [(a) To qualify for a license, an applicant shall be an individual who meets the 16
2522+requirements of this section. 17
2523+
2524+ (b) The applicant shall be of good moral character. 18
2525+
2526+ (c) The applicant shall be at least 18 years old. 19
2527+
2528+ (d) The applicant] TO QUALIFY FOR A LICENSE , IN ADDITION TO THE 20
2529+REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 21
2530+
2531+ (1) Meet] MEET any educational, training, or examination requirements 22
2532+established by the Board including: 23
2533+
2534+ [(i)] (1) Graduation from an appropriate educational program as 24
2535+determined by the Board; and 25
2536+
2537+ [(ii)] (2) Certification by a national certifying board approved by 26
2538+the Board[; and 27
2539+
2540+ (2) Demonstrate oral and written competency in English as required by the 28
2541+Board]. 29
2542+
2543+ [(e) The applicant shall complete a criminal history records check in accordance 30 54 HOUSE BILL 232
2544+
2545+
2546+with § 14–308.1 of this title.] 1
2547+
2548+14–5A–17. 2
2549+
2550+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 3
2551+on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 4
2552+license to any applicant,] reprimand any licensee, place any licensee on probation, or 5
2553+suspend or revoke a license, if the [applicant or] licensee: 6
2554+
2555+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 7
2556+the applicant, licensee, or for another; 8
2557+
2558+ (2) Fraudulently or deceptively uses a license; respiratory care; 9
2559+
2560+ (3) Is guilty of unprofessional or immoral conduct in the practice of 10
2561+respiratory care; 11
2562+
2563+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 12
2564+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 13
2565+
2566+ (5) Abandons a patient; 14
2567+
2568+ (6) Is habitually intoxicated; 15
2569+
2570+ (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
2571+substance as defined in § 5–101 of the Criminal Law Article; 17
2572+
2573+ (8) Provides professional services while: 18
2574+
2575+ (i) Under the influence of alcohol; or 19
2576+
2577+ (ii) Using any narcotic or controlled dangerous substance as defined 20
2578+in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
2579+amounts or without valid medical indication; 22
2580+
2581+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
2582+patient so as to exploit the patient for financial gain; 24
2583+
2584+ (10) Willfully makes or files a false report or record in the practice of 25
2585+respiratory care; 26
2586+
2587+ (11) Willfully fails to file or record any report as required under law, 27
2588+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
2589+to file or record a report; 29
2590+
2591+ (12) Breaches patient confidentiality; 30 HOUSE BILL 232 55
2592+
2593+
2594+
2595+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 1
2596+material benefit to any person for bringing or referring a patient or accepts or agrees to 2
2597+accept any sum or any form of remuneration or material benefit from an individual for 3
2598+bringing or referring a patient; 4
2599+
2600+ (14) Knowingly makes a misrepresentation while practicing respiratory 5
2601+care; 6
2602+
2603+ (15) Knowingly practices respiratory care with an unauthorized individual 7
2604+or aids an unauthorized individual in the practice of respiratory care; 8
2605+
2606+ (16) Offers, undertakes, or agrees to cure or treat disease by a secret 9
2607+method, treatment, or medicine; 10
2608+
2609+ (17) Is disciplined by a licensing or disciplinary authority or is convicted or 11
2610+disciplined by a court of any state or country or is disciplined by any branch of the United 12
2611+States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 13
2612+VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 14
2613+Board’s disciplinary statutes; 15
2614+
2615+ (18) Fails to meet appropriate standards for the delivery of respiratory care 16
2616+performed in any inpatient or outpatient facility, office, hospital or related institution, 17
2617+domiciliary care facility, patient’s home, or any other location in this State; 18
2618+
2619+ (19) Knowingly submits false statements to collect fees for which services 19
2620+are not provided; 20
2621+
2622+ (20) (i) Has been subject to investigation or disciplinary action by a 21
2623+licensing or disciplinary authority or by a court of any state or country for an act that would 22
2624+be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
2625+
2626+ (ii) Has: 24
2627+
2628+ 1. Surrendered the license issued by the state or country; or 25
2629+
2630+ 2. Allowed the license issued by the state or country to expire 26
2631+or lapse; 27
2632+
2633+ (21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
2634+of the Family Law Article; 29
2635+
2636+ (22) Sells, prescribes, gives away, or administers drugs for illegal or 30
2637+illegitimate medical purposes; 31
2638+
2639+ (23) Practices or attempts to practice beyond the authorized scope of 32
2640+practice; 33 56 HOUSE BILL 232
2641+
2642+
2643+
2644+ (24) Refuses, withholds from, denies, or discriminates against an individual 1
2645+with regard to the provision of professional services for which the licensee is licensed and 2
2646+qualified to render because the individual is HIV positive; 3
2647+
2648+ (25) Practices or attempts to practice a respiratory care procedure or uses or 4
2649+attempts to use respiratory care equipment if the [applicant or] licensee has not received 5
2650+education and training in the performance of the procedure or the use of the equipment; 6
2651+
2652+ (26) Fails to cooperate with a lawful investigation conducted by the Board 7
2653+or a disciplinary panel; 8
2654+
2655+ (27) Fails to practice under the supervision of a physician or violates a 9
2656+supervisory order of a supervising physician; or 10
2657+
2658+ (28) Fails to complete a criminal history records check under [§ 14–308.1] § 11
2659+14–302 of this title. 12
2660+
2661+14–5A–20. 13
2662+
2663+ Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 14
2664+attempt to practice, or offer to practice respiratory care in this State unless licensed to 15
2665+practice respiratory care by the Board. 16
2666+
2667+14–5A–21. 17
2668+
2669+ (a) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 18
2670+person may not represent to the public by title, by description of services, methods, or 19
2671+procedures, or otherwise, that the person is authorized to practice respiratory care in this 20
2672+State. 21
2673+
2674+ (b) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 22
2675+person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with 23
2676+the intent to represent that the person practices respiratory care. 24
2677+
2678+14–5A–22. 25
2679+
2680+ A person may not provide, attempt to provide, offer to provide, or represent that the 26
2681+person provides respiratory care unless the respiratory care is provided by an individual 27
2682+who is authorized to practice respiratory care under this [subtitle] TITLE. 28
2683+
2684+14–5A–22.1. 29
2685+
2686+ (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 30
2687+may not employ or supervise an individual practicing respiratory care without a license. 31
2688+ HOUSE BILL 232 57
2689+
2690+
2691+14–5B–05. 1
2692+
2693+ (F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 2
2694+
2695+14–5B–07. 3
2696+
2697+ (a) (2) The failure of a licensed physician to properly supervise a licensee is 4
2698+unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–516(A)(3) 5
2699+of this title. 6
2700+
2701+14–5B–08. 7
2702+
2703+ (a) (1) Except as otherwise provided in this [subtitle] TITLE, an individual 8
2704+shall be licensed by the Board before the individual may practice radiation therapy, 9
2705+radiography, nuclear medicine technology, or radiology assistance in this State. 10
2706+
2707+ (2) A radiologist assistant may not: 11
2708+
2709+ (i) Interpret images; 12
2710+
2711+ (ii) Make diagnoses; or 13
2712+
2713+ (iii) Prescribe medications or therapies. 14
2714+
2715+ (b) This section does not apply to[: 15
2716+
2717+ (1) An individual employed by the federal government as a radiation 16
2718+therapist, radiographer, a nuclear medicine technologist, or radiologist assistant while the 17
2719+individual is practicing within the scope of that employment; or 18
2720+
2721+ (2) A] A radiation therapy student, a radiography student, a nuclear 19
2722+medicine technology student, or a radiology assistant student enrolled in an education 20
2723+program which is accredited by an approved accrediting organization while practicing 21
2724+radiation therapy, radiography, nuclear medicine technology, or radiology assistance in 22
2725+that program. 23
2726+
2727+14–5B–09. 24
2728+
2729+ (a) [To qualify for a license, an applicant shall be an individual who meets the 25
2730+requirements of this section. 26
2731+
2732+ (b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 27
2733+FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 28
2734+TITLE, AN applicant shall[: 29
2735+
2736+ (1) Be of good moral character; 30 58 HOUSE BILL 232
2737+
2738+
2739+
2740+ (2) Be at least 18 years old; 1
2741+
2742+ (3) Demonstrate oral and written competency in English as required by the 2
2743+Board; 3
2744+
2745+ (4) Meet] MEET any educational, training, or examination requirements 4
2746+established by the Board, including: 5
2747+
2748+ [(i)] (1) Graduation from an appropriate educational program as 6
2749+determined by the Board; and 7
2750+
2751+ [(ii)] (2) Certification[; and 8
2752+
2753+ (5) Complete a criminal history records check in accordance with § 9
2754+14–308.1 of this title]. 10
2755+
2756+ [(c)] (B) To qualify for a license to practice as a radiologist assistant, an 11
2757+applicant shall: 12
2758+
2759+ (1) Be issued a general license to perform radiography; 13
2760+
2761+ (2) Complete an advanced academic program with a nationally recognized 14
2762+radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 15
2763+or graduate degree and incorporates a radiologist–directed clinical preceptorship; 16
2764+
2765+ (3) Be certified in advanced cardiac life support; and 17
2766+
2767+ (4) Be certified as a radiologist assistant by the American Registry of 18
2768+Radiologic Technologists. 19
2769+
2770+ [(d)] (C) Except for requirements adopted by the Board for license renewal under 20
2771+[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 21
2772+construed to require an individual who is certified by the Board as a radiation 22
2773+oncology/therapy technologist, medical radiation technologist, or nuclear medicine 23
2774+technologist as of October 1, 2008, to meet additional education, training, or examination 24
2775+requirements. 25
2776+
2777+14–5B–11. 26
2778+
2779+ (a) Licensure as a radiation therapist authorizes an individual to practice 27
2780+radiation therapy IN THE STATE while the license is effective. 28
2781+
2782+ (b) Licensure as a radiographer authorizes an individual to practice radiography 29
2783+IN THE STATE while the license is effective. 30
2784+ HOUSE BILL 232 59
2785+
2786+
2787+ (c) Licensure as a nuclear medicine technologist authorizes an individual to 1
2788+practice nuclear medicine technology IN THE STATE while the license is effective. 2
2789+
2790+ (d) Licensure as a radiologist assistant authorizes an individual to practice 3
2791+radiology assistance IN THE STATE while the license is effective. 4
2792+
2793+14–5B–14. 5
2794+
2795+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
2796+on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 7
2797+license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
2798+suspend or revoke a license, if the [applicant or] licensee: 9
2799+
2800+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 10
2801+the applicant, licensed individual, or for another; 11
2802+
2803+ (2) Fraudulently or deceptively uses a license; 12
2804+
2805+ (3) Is guilty of unprofessional or immoral conduct in the practice of 13
2806+radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 14
2807+
2808+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 15
2809+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 16
2810+
2811+ (5) Abandons a patient; 17
2812+
2813+ (6) Is habitually intoxicated; 18
2814+
2815+ (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 19
2816+substance as defined in § 5–101 of the Criminal Law Article; 20
2817+
2818+ (8) Provides professional services while: 21
2819+
2820+ (i) Under the influence of alcohol; or 22
2821+
2822+ (ii) Using any narcotic or controlled dangerous substance as defined 23
2823+in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 24
2824+amounts or without valid medical indication; 25
2825+
2826+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 26
2827+patient so as to exploit the patient for financial gain; 27
2828+
2829+ (10) Willfully makes or files a false report or record in the practice of 28
2830+radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 29
2831+
2832+ (11) Willfully fails to file or record any report as required under law, 30 60 HOUSE BILL 232
2833+
2834+
2835+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 1
2836+to file or record a report; 2
2837+
2838+ (12) Breaches patient confidentiality; 3
2839+
2840+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 4
2841+material benefit to any person for bringing or referring a patient or accepts or agrees to 5
2842+accept any sum or any form of remuneration or material benefit from an individual for 6
2843+bringing or referring a patient; 7
2844+
2845+ (14) Knowingly makes a misrepresentation while practicing radiation 8
2846+therapy, radiography, nuclear medicine technology, or radiology assistance; 9
2847+
2848+ (15) Knowingly practices radiation therapy, radiography, nuclear medicine 10
2849+technology, or radiology assistance with an unauthorized individual or aids an 11
2850+unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 12
2851+technology, or radiology assistance; 13
2852+
2853+ (16) Offers, undertakes, or agrees to cure or treat disease by a secret 14
2854+method, treatment, or medicine; 15
2855+
2856+ (17) Is disciplined by a licensing or disciplinary authority or is convicted or 16
2857+disciplined by a court of any state or country or is disciplined by any branch of the United 17
2858+States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 18
2859+VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 19
2860+Board’s disciplinary statutes; 20
2861+
2862+ (18) Fails to meet appropriate standards for the delivery of quality radiation 21
2863+therapy, radiography, nuclear medicine technology, or radiology assistance care performed 22
2864+in any outpatient surgical facility, office, hospital or related institution, or any other 23
2865+location in this State; 24
2866+
2867+ (19) Knowingly submits false statements to collect fees for which services 25
2868+are not provided; 26
2869+
2870+ (20) (i) Has been subject to investigation or disciplinary action by a 27
2871+licensing or disciplinary authority or by a court of any state or country for an act that would 28
2872+be grounds for disciplinary action under the Board’s disciplinary statutes; and 29
2873+
2874+ (ii) Has: 30
2875+
2876+ 1. Surrendered the license issued by the state or country; or 31
2877+
2878+ 2. Allowed the license issued by the state or country to expire 32
2879+or lapse; 33
2880+
2881+ (21) Knowingly fails to report suspected child abuse in violation of § 5–704 34 HOUSE BILL 232 61
2882+
2883+
2884+of the Family Law Article; 1
2885+
2886+ (22) Sells, prescribes, gives away, or administers drugs for illegal or 2
2887+illegitimate medical purposes; 3
2888+
2889+ (23) Practices or attempts to practice beyond the authorized scope of 4
2890+practice; 5
2891+
2892+ (24) Refuses, withholds from, denies, or discriminates against an individual 6
2893+with regard to the provision of professional services for which the licensee is licensed and 7
2894+qualified to render because the individual is HIV positive; 8
2895+
2896+ (25) Practices or attempts to practice a radiation therapy, radiography, 9
2897+nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 10
2898+radiography, nuclear medicine technology, or radiology assistance equipment if the 11
2899+[applicant or] licensee has not received education, internship, training, or experience in the 12
2900+performance of the procedure or the use of the equipment; 13
2901+
2902+ (26) Fails to cooperate with a lawful investigation conducted by the Board 14
2903+or a disciplinary panel; 15
2904+
2905+ (27) Fails to practice under the supervision of a physician or violates a 16
2906+supervisory order of a supervising physician; or 17
2907+
2908+ (28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
2909+14–302 of this title. 19
2910+
2911+14–5B–17. 20
2912+
2913+ (a) Except as otherwise provided in this [subtitle] TITLE, a person may not 21
2914+practice, attempt to practice, or offer to practice radiation therapy in this State unless 22
2915+licensed to practice radiation therapy by the Board. 23
2916+
2917+ (b) Except as otherwise provided in this [subtitle] TITLE, a person may not 24
2918+practice, attempt to practice, or offer to practice nuclear medicine technology in this State 25
2919+unless licensed to practice nuclear medicine technology by the Board. 26
2920+
2921+ (c) Except as otherwise provided in this [subtitle] TITLE, a person may not 27
2922+practice, attempt to practice, or offer to practice radiography in this State unless licensed 28
2923+to practice radiography by the Board. 29
2924+
2925+ (d) Except as otherwise provided in this [subtitle] TITLE, a person may not 30
2926+practice, attempt to practice, or offer to practice radiology assistance in this State unless 31
2927+licensed to practice radiology assistance by the Board. 32
2928+
2929+14–5B–18. 33 62 HOUSE BILL 232
2930+
2931+
2932+
2933+ (b) A person may not provide, attempt to provide, offer to provide, or represent 1
2934+that the person provides radiation therapy, radiography, nuclear medicine technology, or 2
2935+radiology assistance care unless the radiation therapy, radiography, nuclear medicine 3
2936+technology, or radiology assistance care is provided by an individual who is authorized to 4
2937+practice radiation therapy, radiography, nuclear medicine technology, or radiology 5
2938+assistance under this [subtitle] TITLE. 6
2939+
2940+14–5B–18.1. 7
2941+
2942+ (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 8
2943+may not employ or supervise an individual practicing radiation therapy, radiography, 9
2944+nuclear medicine technology, or radiology assistance without a license or temporary license. 10
2945+
2946+ (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
2947+institution, alternative health system, or employer may not employ an individual practicing 12
2948+radiation therapy, radiography, nuclear medicine technology, or radiology assistance 13
2949+without a license or temporary license. 14
2950+
2951+14–5C–01. 15
2952+
2953+ (a) In this subtitle the following words have the meanings indicated. 16
2954+
2955+ (c) “Committee” means the Polysomnography [Professional Standards] 17
2956+ADVISORY Committee established under § 14–5C–05 of this subtitle. 18
2957+
2958+14–5C–05. 19
2959+
2960+ There is a Polysomnography [Professional Standards] ADVISORY Committee within 20
2961+the Board. 21
2962+
2963+14–5C–06. 22
2964+
2965+ (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 23
2966+
2967+14–5C–08. 24
2968+
2969+ (b) This section does not apply to a student enrolled in an education program 25
2970+under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 26
2971+in that program. 27
2972+
2973+14–5C–09. 28
2974+
2975+ [(a) To qualify for a license, an applicant shall be an individual who meets the 29
2976+requirements of this section. 30
2977+ HOUSE BILL 232 63
2978+
2979+
2980+ (b) The applicant shall: 1
2981+
2982+ (1) Be of good moral character; 2
2983+
2984+ (2) Be at least 18 years old; and 3
2985+
2986+ (3) Complete a criminal history records check in accordance with § 4
2987+14–308.1 of this title. 5
2988+
2989+ (c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 6
2990+SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 7
2991+license shall: 8
2992+
2993+ (1) Have passed the national certifying examination given by the Board of 9
2994+Registered Polysomnographic Technologists or another examination approved by the 10
2995+Board; 11
2996+
2997+ (2) Submit to the Board proof of certification as a registered 12
2998+polysomnographic technologist or other national certification approved by the Board; 13
2999+
3000+ (3) (i) 1. Have graduated from a polysomnographic educational 14
3001+program that is accredited by the Commission on Accreditation of Allied Health Education 15
3002+Programs; or 16
3003+
3004+ 2. A. Have graduated from a sleep technologist 17
3005+educational program that is accredited by the American Academy of Sleep Medicine; and 18
3006+
3007+ B. Have completed a clinical component of an educational 19
3008+program as established by the Committee and approved by the Board; 20
3009+
3010+ (ii) 1. Have graduated from a respiratory care educational 21
3011+program that is accredited by the Commission on Accreditation of Allied Health Education 22
3012+Programs; and 23
3013+
3014+ 2. Have completed the Committee on Accreditation for 24
3015+Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 25
3016+Commission on Accreditation of Allied Health Education Programs; or 26
3017+
3018+ (iii) 1. Have graduated from an electroneuro –diagnostic 27
3019+educational program that is accredited by the Commission on Accreditation of Allied Health 28
3020+Education Programs; and 29
3021+
3022+ 2. Have completed additional units, modules, and courses of 30
3023+instruction focused on polysomnographic technology that are accredited by the Commission 31
3024+on Accreditation of Allied Health Education Programs; and 32
3025+
3026+ (4) Meet any other educational or clinical requirements established by the 33 64 HOUSE BILL 232
3027+
3028+
3029+Committee and approved by the Board. 1
3030+
3031+14–5C–10. 2
3032+
3033+ [(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 3
3034+14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 4
3035+
3036+ (1) Has passed the national certifying examination by the Board of 5
3037+Registered Polysomnographic Technologists or another examination approved by the 6
3038+Board; 7
3039+
3040+ (2) Is certified by the Board of Registered Polysomnographic Technologists 8
3041+as a registered polysomnographic technologist; 9
3042+
3043+ (3) Has submitted an application for licensure to the Board; and 10
3044+
3045+ (4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 11
3046+§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 12
3047+
3048+ [(b) (1) If an individual has not satisfied the requirements under subsection (a) 13
3049+of this section on or before September 30, 2013, the individual may petition the Board for 14
3050+an extension. 15
3051+
3052+ (2) The Board shall determine whether to grant an extension under this 16
3053+subsection on a case–by–case basis.] 17
3054+
3055+14–5C–17. 18
3056+
3057+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 19
3058+on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 20
3059+license to any applicant,] reprimand any licensee, place any licensee on probation, or 21
3060+suspend or revoke a license, if the [applicant or] licensee: 22
3061+
3062+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 23
3063+the applicant, licensee, or for another; 24
3064+
3065+ (2) Fraudulently or deceptively uses a license; 25
3066+
3067+ (3) Is guilty of unprofessional or immoral conduct in the practice of 26
3068+polysomnography; 27
3069+
3070+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 28
3071+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 29
3072+
3073+ (5) Abandons a patient; 30 HOUSE BILL 232 65
3074+
3075+
3076+
3077+ (6) Is habitually intoxicated; 1
3078+
3079+ (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 2
3080+substance as defined in § 5–101 of the Criminal Law Article; 3
3081+
3082+ (8) Provides professional services while: 4
3083+
3084+ (i) Under the influence of alcohol; or 5
3085+
3086+ (ii) Using any narcotic or controlled dangerous substance as defined 6
3087+in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 7
3088+amounts or without valid medical indication; 8
3089+
3090+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 9
3091+patient so as to exploit the patient for financial gain; 10
3092+
3093+ (10) Willfully makes or files a false report or record in the practice of 11
3094+polysomnography; 12
3095+
3096+ (11) Willfully fails to file or record any report as required under law, 13
3097+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 14
3098+to file or record a report; 15
3099+
3100+ (12) Breaches patient confidentiality; 16
3101+
3102+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 17
3103+material benefit to any person for bringing or referring a patient or accepts or agrees to 18
3104+accept any sum or any form of remuneration or material benefit from an individual for 19
3105+bringing or referring a patient; 20
3106+
3107+ (14) Knowingly makes a misrepresentation while practicing 21
3108+polysomnography; 22
3109+
3110+ (15) Knowingly practices polysomnography with an unauthorized individual 23
3111+or aids an unauthorized individual in the practice of polysomnography; 24
3112+
3113+ (16) Knowingly delegates a polysomnographic duty to an unlicensed 25
3114+individual; 26
3115+
3116+ (17) Offers, undertakes, or agrees to cure or treat disease by a secret 27
3117+method, treatment, or medicine; 28
3118+
3119+ (18) Is disciplined by a licensing or disciplinary authority or is convicted or 29
3120+disciplined by a court of any state or country or is disciplined by any branch of the United 30
3121+States uniformed services or the U.S. Department of Veterans Affairs for an act that would 31
3122+be grounds for disciplinary action under the Board’s disciplinary statutes; 32 66 HOUSE BILL 232
3123+
3124+
3125+
3126+ (19) Fails to meet appropriate standards for the delivery of 1
3127+polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 2
3128+center; 3
3129+
3130+ (20) Knowingly submits false statements to collect fees for which services 4
3131+are not provided; 5
3132+
3133+ (21) (i) Has been subject to investigation or disciplinary action by a 6
3134+licensing or disciplinary authority or by a court of any state or country for an act that would 7
3135+be grounds for disciplinary action under the Board’s disciplinary statutes; and 8
3136+
3137+ (ii) Has: 9
3138+
3139+ 1. Surrendered the license, if any, issued by the state or 10
3140+country; or 11
3141+
3142+ 2. Allowed the license, if any, issued by the state or country 12
3143+to expire or lapse; 13
3144+
3145+ (22) Knowingly fails to report suspected child abuse in violation of § 5–704 14
3146+of the Family Law Article; 15
3147+
3148+ (23) Sells, prescribes, gives away, or administers drugs for illegal or 16
3149+illegitimate medical purposes; 17
3150+
3151+ (24) Practices or attempts to practice beyond the authorized scope of 18
3152+practice; 19
3153+
3154+ (25) Refuses, withholds from, denies, or discriminates against an individual 20
3155+with regard to the provision of professional services for which the licensee is licensed and 21
3156+qualified to render because the individual is HIV positive; 22
3157+
3158+ (26) Practices or attempts to practice a polysomnography procedure or uses 23
3159+or attempts to use polysomnography equipment if the [applicant or] licensee has not 24
3160+received education and training in the performance of the procedure or the use of the 25
3161+equipment; 26
3162+
3163+ (27) Fails to cooperate with a lawful investigation conducted by the Board; 27
3164+or 28
3165+
3166+ (28) Fails to complete a criminal history records check under [§ 14–308.1] § 29
3167+14–302 of this title. 30
3168+
3169+14–5C–20. 31
3170+ HOUSE BILL 232 67
3171+
3172+
3173+ Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 1
3174+attempt to practice, or offer to practice polysomnography in this State unless licensed to 2
3175+practice polysomnography by the Board. 3
3176+
3177+14–5C–22. 4
3178+
3179+ A person may not provide, attempt to provide, offer to provide, or represent that the 5
3180+person provides polysomnography unless the polysomnography is provided by an individual 6
3181+who is authorized to practice polysomnography under this [subtitle] TITLE. 7
3182+
3183+14–5C–22.1. 8
3184+
3185+ (a) Except as otherwise provided in this [subtitle] TITLE a licensed physician 9
3186+may not employ or supervise an individual practicing polysomnography without a license. 10
3187+
3188+14–5D–05. 11
3189+
3190+ (F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 12
3191+
3192+14–5D–07. 13
3193+
3194+ (a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 14
3195+licensed by the Board before the individual may practice athletic training in the State. 15
3196+
3197+ (b) This section does not apply to: 16
3198+
3199+ [(1) An individual employed by the federal government as an athletic 17
3200+trainer while the individual is practicing within the scope of that employment; 18
3201+
3202+ (2)] (1) An individual employed by or under contract with an entity 19
3203+located in another state who represents that entity: 20
3204+
3205+ (i) At an athletic event in the State; 21
3206+
3207+ (ii) For a period of time not to exceed 45 days within a calendar year; 22
3208+and 23
3209+
3210+ (iii) By providing athletic training services to individuals 24
3211+representing the entity at the event; or 25
3212+
3213+ [(3)] (2) A student enrolled in an education program that meets the 26
3214+criteria of [§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an 27
3215+unpaid, clinical educational experience of athletic training. 28
3216+
3217+14–5D–08. 29 68 HOUSE BILL 232
3218+
3219+
3220+
3221+ [(a) To qualify for a license, an applicant shall be an individual who meets the 1
3222+requirements of this section. 2
3223+
3224+ (b) The applicant shall: 3
3225+
3226+ (1) Be of good moral character; 4
3227+
3228+ (2) Be at least 18 years old; and 5
3229+
3230+ (3) Complete a criminal history records check in accordance with § 6
3231+14–308.1 of this title.] 7
3232+
3233+ [(c)] (A) [The] TO QUALIFY FOR A LICENS E, IN ADDITION TO THE 8
3234+REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 9
3235+
3236+ (1) Have a current certification by a national certifying board approved by 10
3237+the Board; AND 11
3238+
3239+ (2) Have received a bachelor’s or master’s degree from an athletic training 12
3240+educational program that is accredited by the Commission on Accreditation of Athletic 13
3241+Training Education or its successor[; 14
3242+
3243+ (3) Demonstrate oral and written competency in English as required by the 15
3244+Board; and 16
3245+
3246+ (4) Meet any other requirements established by the Board]. 17
3247+
3248+ [(d)] (B) The Board shall waive the education requirements under this section if 18
3249+an individual was certified by the National Athletic Trainers’ Association Board of 19
3250+Certification, Inc., on or before October 1, 2012, and is currently in good standing. 20
3251+
3252+14–5D–10. 21
3253+
3254+ (a) An athletic trainer license authorizes the licensee to practice athletic training 22
3255+services IN THE STATE while the license is effective. 23
3256+
3257+14–5D–11.1. 24
3258+
3259+ (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 25
3260+may not employ or supervise an individual practicing athletic training without a license or 26
3261+without an approved evaluation and treatment protocol. 27
3262+
3263+ (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, an 28
3264+institution, an alternative health system, or any other employer may not employ an 29 HOUSE BILL 232 69
3265+
3266+
3267+individual practicing athletic training without a license or without an approved evaluation 1
3268+and treatment protocol. 2
3269+
3270+14–5D–14. 3
3271+
3272+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
3273+on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 5
3274+license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
3275+suspend or revoke a license, if the [applicant or] licensee: 7
3276+
3277+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
3278+the [applicant,] licensee[,] or for another; 9
3279+
3280+ (2) Fraudulently or deceptively uses a license; 10
3281+
3282+ (3) Is guilty of unprofessional or immoral conduct in the practice of athletic 11
3283+training; 12
3284+
3285+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 13
3286+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 14
3287+
3288+ (5) Abandons a patient; 15
3289+
3290+ (6) Habitually is intoxicated; 16
3291+
3292+ (7) Is addicted to, or habitually abuses, any narcotic or controlled 17
3293+dangerous substances as defined in § 5–101 of the Criminal Law Article; 18
3294+
3295+ (8) Provides professional services while: 19
3296+
3297+ (i) Under the influence of alcohol; or 20
3298+
3299+ (ii) Using any narcotic or controlled dangerous substance as defined 21
3300+in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 22
3301+amounts or without valid medical indication; 23
3302+
3303+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 24
3304+patient so as to exploit the patient for financial gain; 25
3305+
3306+ (10) Willfully makes or files a false report or record in the practice of athletic 26
3307+training; 27
3308+
3309+ (11) Willfully fails to file or record any report as required under law, 28
3310+willfully impedes or obstructs the filing or recording of the report, or induces another to fail 29
3311+to file or record the report; 30
3312+ 70 HOUSE BILL 232
3313+
3314+
3315+ (12) Breaches patient confidentiality; 1
3316+
3317+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 2
3318+material benefit to any individual for bringing or referring a patient or accepts or agrees to 3
3319+accept any sum or any form of remuneration or material benefit from an individual for 4
3320+bringing or referring a patient; 5
3321+
3322+ (14) Knowingly makes a misrepresentation while practicing athletic 6
3323+training; 7
3324+
3325+ (15) Knowingly practices athletic training with an unauthorized individual 8
3326+or aids an unauthorized individual in the practice of athletic trainer services; 9
3327+
3328+ (16) Offers, undertakes, or agrees to cure or treat disease by a secret 10
3329+method, treatment, or medicine; 11
3330+
3331+ (17) Is disciplined by a licensing, certifying, or disciplinary authority or is 12
3332+convicted or disciplined by a court of any state or country or is disciplined by any branch of 13
3333+the United States uniformed services or the [Veterans Administration] U.S. 14
3334+DEPARTMENT OF VETERANS AFFAIRS for an act that would be grounds for disciplinary 15
3335+action under this section; 16
3336+
3337+ (18) Fails to meet appropriate standards for the delivery of athletic training 17
3338+services; 18
3339+
3340+ (19) Knowingly submits false statements to collect fees for which services 19
3341+have not been provided; 20
3342+
3343+ (20) (i) Has been subject to investigation or disciplinary action by a 21
3344+licensing or disciplinary authority or by a court of any state or country for an act that would 22
3345+be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
3346+
3347+ (ii) Has: 24
3348+
3349+ 1. Surrendered the license issued by the state or country; or 25
3350+
3351+ 2. Allowed the license issued by the state or country to expire 26
3352+or lapse; 27
3353+
3354+ (21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
3355+of the Family Law Article; 29
3356+
3357+ (22) Sells, prescribes, gives away, or administers drugs for illegal or 30
3358+illegitimate medical purposes; 31
3359+
3360+ (23) Practices or attempts to practice beyond the authorized scope of 32
3361+practice; 33 HOUSE BILL 232 71
3362+
3363+
3364+
3365+ (24) Refuses, withholds from, denies, or discriminates against an individual 1
3366+with regard to the provision of professional services for which the licensee is licensed and 2
3367+qualified to render because the individual is HIV positive; 3
3368+
3369+ (25) Practices or attempts to practice an athletic training procedure or uses 4
3370+or attempts to use athletic training equipment if the applicant or licensee has not received 5
3371+education and training in the performance of the procedure or the use of the equipment; 6
3372+
3373+ (26) Fails to cooperate with a lawful investigation conducted by the Board 7
3374+or a disciplinary panel; 8
3375+
3376+ (27) Fails to practice under the supervision of a physician or violates the 9
3377+approved evaluation and treatment protocol; 10
3378+
3379+ (28) Violates an order of the Board or a disciplinary panel, including any 11
3380+condition of probation; 12
3381+
3382+ (29) Fails to complete a criminal history records check under [§ 14–308.1] § 13
3383+14–302 of this title; or 14
3384+
3385+ (30) Performs dry needling without the approval of the Board issued under 15
3386+§ 14–5D–11.4 of this subtitle. 16
3387+
3388+14–5D–17. 17
3389+
3390+ Unless authorized to practice athletic training under this [subtitle] TITLE, a person 18
3391+may not: 19
3392+
3393+ (1) Practice athletic training in this State; 20
3394+
3395+ (2) Attempt to practice or offer to practice athletic training in this State; 21
3396+
3397+ (3) Represent to the public by title, by description of services, methods, or 22
3398+procedures, or otherwise, that the person is authorized to practice athletic training in this 23
3399+State; or 24
3400+
3401+ (4) Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, 25
3402+letters, or symbols with the intent to represent that the person practices athletic training. 26
3403+
3404+14–5E–01. 27
3405+
3406+ (a) In this subtitle the following words have the meanings indicated. 28
3407+
3408+ (g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 29
3409+14–5E–09 of this subtitle, is: 30 72 HOUSE BILL 232
3410+
3411+
3412+
3413+ (1) Enrolled in an accredited educational program to qualify for a license 1
3414+under this subtitle; and 2
3415+
3416+ (2) Performing perfusion services within the accredited program under the 3
3417+supervision of a licensed perfusionist and without compensation. 4
3418+
3419+14–5E–06. 5
3420+
3421+ (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 6
3422+
3423+14–5E–08. 7
3424+
3425+ (a) Except as otherwise provided in this [subtitle] TITLE, on or after October 1, 8
3426+2013, an individual shall be licensed by the Board before the individual may practice 9
3427+perfusion in this State. 10
3428+
3429+ (b) This section does not apply to a student enrolled in an education program 11
3430+under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 12
3431+program. 13
3432+
3433+14–5E–09. 14
3434+
3435+ [(a) To qualify for a license, an applicant shall be an individual who meets the 15
3436+requirements of this section. 16
3437+
3438+ (b) The applicant shall: 17
3439+
3440+ (1) Be of good moral character; 18
3441+
3442+ (2) Be at least 18 years old; and 19
3443+
3444+ (3) Complete a criminal history records check in accordance with § 20
3445+14–308.1 of this title. 21
3446+
3447+ (c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 22
3448+UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 23
3449+
3450+ (1) (i) Submit to the Board satisfactory evidence of certification as a 24
3451+certified perfusionist or other national certification approved by the Board; and 25
3452+
3453+ (ii) Meet any other educational or clinical requirements established 26
3454+by the Committee and approved by the Board; or 27
3455+
3456+ (2) (i) Submit to the Board satisfactory evidence of graduation from a 28
3457+perfusion educational program that is accredited by the Commission on Accreditation of 29 HOUSE BILL 232 73
3458+
3459+
3460+Allied Health Education Programs, or the Commission’s predecessor or successor; and 1
3461+
3462+ (ii) Meet any other educational or clinical requirements established 2
3463+by the Committee and approved by the Board. 3
3464+
3465+14–5E–10. 4
3466+
3467+ (a) Except as provided in subsection (b) of this section, an applicant who 5
3468+otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle 6
3469+is entitled to be licensed for a single 2–year term before taking the national certifying 7
3470+examination given by the American Board of Cardiovascular Perfusion or its successor 8
3471+organization or another examination given or approved by the Board. 9
3472+
3473+14–5E–13. 10
3474+
3475+ [(a) (1) A license expires on a date set by the Board, unless the license is 11
3476+renewed for an additional term as provided in this section. 12
3477+
3478+ (2) The term of a license issued by the Board may not exceed 3 years. 13
3479+
3480+ (b) At least 1 month before a license expires, the Board shall send to the licensed 14
3481+perfusionist a renewal notice that states: 15
3482+
3483+ (1) The date on which the current license expires; 16
3484+
3485+ (2) The date by which the renewal application must be received by the 17
3486+Board for the renewal to be issued and sent before the license expires; 18
3487+
3488+ (3) The amount of the renewal fee; and] 19
3489+
3490+ [(4)] (A) For licensees who qualified for an initial license under [§ 20
3491+14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO THE 21
3492+LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 22
3493+the licensee must submit satisfactory evidence of a passing score on the examination as 23
3494+required under subsection [(c)(2)] (B) of this section. 24
3495+
3496+ [(c) (1) Except as otherwise provided in this subtitle, before a license expires, 25
3497+the licensed perfusionist periodically may renew it for an additional term, if the licensee: 26
3498+
3499+ (i) Otherwise is entitled to be licensed; 27
3500+
3501+ (ii) Is of good moral character; 28
3502+
3503+ (iii) Pays to the Board a renewal fee set by the Board; and 29
3504+
3505+ (iv) Except as provided in paragraph (2) of this subsection, submits 30 74 HOUSE BILL 232
3506+
3507+
3508+to the Board: 1
3509+
3510+ 1. A renewal application on the form that the Board requires; 2
3511+and 3
3512+
3513+ 2. Satisfactory evidence of compliance with any continuing 4
3514+education or competency requirements and other requirements set under this section for 5
3515+license renewal.] 6
3516+
3517+ [(2)] (B) A licensee who qualified for an initial license under [§ 7
3518+14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 8
3519+evidence of a passing score on the national certifying examination given by the American 9
3520+Board of Cardiovascular Perfusion or its successor organization or another examination 10
3521+given or approved by the Board. 11
3522+
3523+ [(d) In addition to any other qualifications and requirements established by the 12
3524+Board, the Board shall establish continuing education or competency requirements as a 13
3525+condition of the renewal of a license under this section.] 14
3526+
3527+ [(e)] (C) (1) The Board shall renew the license of each licensee who meets the 15
3528+ requirements of this section AND § 14–306 OF THIS TITLE. 16
3529+
3530+ (2) The Board may not renew the license of a licensee who fails to submit 17
3531+satisfactory evidence of a passing score on the examination as required under subsection 18
3532+[(c)(2)] (B) of this section. 19
3533+
3534+ [(f) The Board shall reinstate the license of an individual who has failed to renew 20
3535+the license for any reason if the individual: 21
3536+
3537+ (1) Applies for reinstatement after the date the license expires; 22
3538+
3539+ (2) Meets the renewal requirements of this section; and 23
3540+
3541+ (3) Pays to the Board the reinstatement fee set by the Board. 24
3542+
3543+ (g) (1) Beginning October 1, 2016, the Board shall require a criminal history 25
3544+records check in accordance with § 14–308.1 of this title for: 26
3545+
3546+ (i) Renewal applicants as determined by regulations adopted by the 27
3547+Board; and 28
3548+
3549+ (ii) Each former licensee who files for reinstatement under 29
3550+subsection (f) of this section. 30
3551+
3552+ (2) On receipt of the criminal history record information of a licensee 31
3553+forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 32 HOUSE BILL 232 75
3554+
3555+
3556+disciplinary action should be taken, based on the criminal history record information, 1
3557+against a licensee who renewed or reinstated a license, the Board shall consider: 2
3558+
3559+ (i) The age at which the crime was committed; 3
3560+
3561+ (ii) The nature of the crime; 4
3562+
3563+ (iii) The circumstances surrounding the crime; 5
3564+
3565+ (iv) The length of time that has passed since the crime; 6
3566+
3567+ (v) Subsequent work history; 7
3568+
3569+ (vi) Employment and character references; and 8
3570+
3571+ (vii) Other evidence that demonstrates whether the licensee poses a 9
3572+threat to the public health or safety. 10
3573+
3574+ (3) The Board may renew or reinstate a license only if the licensee or 11
3575+applicant attests that the licensee or applicant has submitted to a criminal history records 12
3576+check under § 14–308.1 of this title. 13
3577+
3578+ (h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
3579+education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 15
3580+for failure of a licensee to obtain the continuing education credits required by the Board.] 16
3581+
3582+14–5E–14. 17
3583+
3584+ [(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 18
3585+name or address within 60 days after the change. 19
3586+
3587+ (2) A licensed perfusionist who fails to comply with the requirements of 20
3588+paragraph (1) of this subsection is subject to an administrative penalty of $100.] 21
3589+
3590+ [(b)] Each licensed perfusionist shall: 22
3591+
3592+ (1) Keep a copy of the license in the licensee’s employment file; and 23
3593+
3594+ (2) Make the license available for inspection on request. 24
3595+
3596+14–5E–16. 25
3597+
3598+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
3599+on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 27
3600+license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
3601+suspend or revoke a license, if the [applicant or] licensee: 29 76 HOUSE BILL 232
3602+
3603+
3604+
3605+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
3606+the [applicant or] licensee or for another; 2
3607+
3608+ (2) Fraudulently or deceptively uses a license; 3
3609+
3610+ (3) Is guilty of unprofessional or immoral conduct in the practice of 4
3611+perfusion; 5
3612+
3613+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 6
3614+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 7
3615+
3616+ (5) Abandons a patient; 8
3617+
3618+ (6) Is habitually intoxicated; 9
3619+
3620+ (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 10
3621+substance as defined in § 5–101 of the Criminal Law Article; 11
3622+
3623+ (8) Provides professional services while: 12
3624+
3625+ (i) Under the influence of alcohol; or 13
3626+
3627+ (ii) Using any narcotic or controlled dangerous substance as defined 14
3628+in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 15
3629+amounts or without valid medical indication; 16
3630+
3631+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 17
3632+patient so as to exploit the patient for financial gain; 18
3633+
3634+ (10) Willfully makes or files a false report or record in the practice of 19
3635+perfusion; 20
3636+
3637+ (11) Willfully fails to file or record any report as required under law, 21
3638+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 22
3639+to file or record a report; 23
3640+
3641+ (12) Breaches patient confidentiality; 24
3642+
3643+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 25
3644+material benefit to any person for bringing or referring a patient or accepts or agrees to 26
3645+accept any sum or any form of remuneration or material benefit from an individual for 27
3646+bringing or referring a patient; 28
3647+
3648+ (14) Knowingly makes a misrepresentation while practicing perfusion; 29
3649+ HOUSE BILL 232 77
3650+
3651+
3652+ (15) Knowingly practices perfusion with an unauthorized individual or aids 1
3653+an unauthorized individual in the practice of perfusion; 2
3654+
3655+ (16) Knowingly delegates a perfusion duty to an unlicensed individual; 3
3656+
3657+ (17) Offers, undertakes, or agrees to cure or treat disease by a secret 4
3658+method, treatment, or medicine; 5
3659+
3660+ (18) Is disciplined by a licensing or disciplinary authority or is convicted or 6
3661+disciplined by a court of any state or country or is disciplined by any branch of the United 7
3662+States uniformed services or the U.S. Department of Veterans Affairs for an act that would 8
3663+be grounds for disciplinary action under the Board’s disciplinary statutes; 9
3664+
3665+ (19) Fails to meet appropriate standards for the delivery of perfusion 10
3666+services; 11
3667+
3668+ (20) Knowingly submits false statements to collect fees for which services 12
3669+are not provided; 13
3670+
3671+ (21) (i) Has been subject to investigation or disciplinary action by a 14
3672+licensing or disciplinary authority or by a court of any state or country for an act that would 15
3673+be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
3674+
3675+ (ii) Has: 17
3676+
3677+ 1. Surrendered the license, if any, issued by the state or 18
3678+country; or 19
3679+
3680+ 2. Allowed the license, if any, issued by the state or country 20
3681+to expire or lapse; 21
3682+
3683+ (22) Knowingly fails to report suspected child abuse in violation of § 5–704 22
3684+of the Family Law Article; 23
3685+
3686+ (23) Sells, prescribes, gives away, or administers drugs for illegal or 24
3687+illegitimate medical purposes; 25
3688+
3689+ (24) Practices or attempts to practice beyond the authorized scope of 26
3690+practice; 27
3691+
3692+ (25) Refuses, withholds from, denies, or discriminates against an individual 28
3693+with regard to the provision of professional services for which the licensee is licensed and 29
3694+qualified to render because the individual is HIV positive; 30
3695+
3696+ (26) Practices or attempts to practice a perfusion procedure or uses or 31
3697+attempts to use perfusion equipment if the applicant or licensee has not received education 32
3698+and training in the performance of the procedure or the use of the equipment; 33 78 HOUSE BILL 232
3699+
3700+
3701+
3702+ (27) Fails to cooperate with a lawful investigation of the Board or a 1
3703+disciplinary panel; or 2
3704+
3705+ (28) Fails to complete a criminal history records check under [§ 14–308.1] § 3
3706+14–302 of this title. 4
3707+
3708+14–5E–20. 5
3709+
3710+ Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 6
3711+attempt to practice, or offer to practice perfusion in this State unless licensed to practice 7
3712+perfusion by the Board. 8
3713+
3714+14–5E–21. 9
3715+
3716+ (a) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 10
3717+may not represent to the public by title, by description of services, methods, or procedures, 11
3718+or otherwise, that the person is authorized to practice perfusion in this State. 12
3719+
3720+ (b) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 13
3721+may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed 14
3722+clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, 15
3723+letters, or symbols with the intent to represent that the person practices perfusion, holds a 16
3724+certificate as a certified clinical perfusionist issued by the American Board of 17
3725+Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist 18
3726+issued by the Board. 19
3727+
3728+14–5E–22. 20
3729+
3730+ A person may not provide, attempt to provide, offer to provide, or represent that the 21
3731+person provides perfusion services unless the perfusion is provided by an individual who is 22
3732+authorized to practice perfusion under this [subtitle] TITLE. 23
3733+
3734+14–5F–07. 24
3735+
3736+ (G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 25
3737+
3738+14–5F–10. 26
3739+
3740+ (a) Beginning March 1, 2016, except as otherwise provided in this [subtitle] 27
3741+TITLE, an individual shall be licensed by the Board before the individual may practice 28
3742+naturopathic medicine in the State. 29
3743+
3744+ (b) This section does not apply to: 30
3745+ HOUSE BILL 232 79
3746+
3747+
3748+ [(1) An individual who is employed by the United States government to 1
3749+practice naturopathic medicine while practicing within the scope of that employment; 2
3750+
3751+ (2)] (1) A student who is enrolled in an approved naturopathic medical 3
3752+program while the student is participating in a course of study under the supervision of a 4
3753+licensed naturopathic doctor or a licensed professional in the field of study; 5
3754+
3755+ [(3)] (2) An individual who is licensed in another state to practice 6
3756+naturopathic medicine and whose practice of naturopathic medicine in the State is limited 7
3757+to examination, recommendation, or testimony in litigation; or 8
3758+
3759+ [(4)] (3) A naturopathic doctor licensed by and residing in another 9
3760+jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic 10
3761+doctor in the State about a particular patient and does not direct patient care. 11
3762+
3763+ (c) The Board may not discriminate, in any manner, against any applicant or 12
3764+licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, or 13
3765+national origin. 14
3766+
3767+14–5F–11. 15
3768+
3769+ (a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 16
3770+TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 17
3771+requirements of this section. 18
3772+
3773+ (b) The applicant shall be of good moral character. 19
3774+
3775+ (c) The] applicant shall be at least 21 years old. 20
3776+
3777+ [(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 21
3778+
3779+ (1) Have a doctorate in naturopathic medicine from an appr oved 22
3780+naturopathic medical program; and 23
3781+
3782+ (2) Pass the competency –based national naturopathic licensing 24
3783+examination Part I and Part II administered by the North American Board of Naturopathic 25
3784+Examiners, or its successor agency that has been nationally recognized to administer a 26
3785+naturopathic examination that represents federal standards of education and training. 27
3786+
3787+ [(e)] (C) An applicant shall be physically and mentally capable of safely 28
3788+practicing naturopathic medicine with or without reasonable accommodation. 29
3789+
3790+ [(f)] (D) If an applicant is licensed, certified, or registered to practice 30
3791+naturopathic medicine or any other health occupation in another state, the applicant shall 31
3792+be in good standing with the applicable state licensing, certification, or registration 32 80 HOUSE BILL 232
3793+
3794+
3795+authority. 1
3796+
3797+ [(g) An applicant shall complete a criminal history records check in accordance 2
3798+with § 14–308.1 of this title.] 3
3799+
3800+14–5F–12. 4
3801+
3802+ To apply for a license, an applicant shall: 5
3803+
3804+ [(1) Complete a criminal history records check in accordance with § 6
3805+14–308.1 of this title; 7
3806+
3807+ (2) Submit an application to the Board on a form that the Board requires; 8
3808+
3809+ (3) Pay to the Board an application fee set by the Board;] 9
3810+
3811+ [(4)] (1) If the applicant has been licensed, certified, or registered to 10
3812+practice naturopathic medicine in another state, submit all evidence relating to: 11
3813+
3814+ (i) Any disciplinary action taken or any administrative penalties 12
3815+assessed against the applicant by the appropriate state licensing, certification, or 13
3816+registration authority; and 14
3817+
3818+ (ii) Any consent agreements the applicant entered into that contain 15
3819+conditions placed on the applicant’s professional conduct and practice, including any 16
3820+voluntary surrender of a license; 17
3821+
3822+ [(5)] (2) Complete and submit to the Board a Board–approved written 18
3823+attestation that: 19
3824+
3825+ (i) States that the applicant has a collaboration and consultation 20
3826+agreement with a physician licensed under this article; 21
3827+
3828+ (ii) Includes the name and license number of the physician with 22
3829+whom the applicant has a collaboration and consultation agreement; 23
3830+
3831+ (iii) States that the applicant will refer patients to and consult with 24
3832+physicians and other health care providers licensed or certified under this article as needed; 25
3833+and 26
3834+
3835+ (iv) States that the applicant will require patients to sign a consent 27
3836+form that states that the applicant’s practice of naturopathic medicine is limited to the 28
3837+scope of practice identified in § 14–5F–14 of this subtitle; and 29
3838+
3839+ [(6)] (3) Inform the physician named in the attestation that the physician 30
3840+has been named. 31 HOUSE BILL 232 81
3841+
3842+
3843+
3844+14–5F–15. 1
3845+
3846+ [(a) (1) The term of a license issued by the Board may not exceed 3 years. 2
3847+
3848+ (2) A license expires on a date set by the Board, unless the license is 3
3849+renewed as provided in this section. 4
3850+
3851+ (b) At least 1 month before the license expires, the Board shall send to the licensee 5
3852+a renewal notice that states: 6
3853+
3854+ (1) The date on which the current license expires; 7
3855+
3856+ (2) The date by which the renewal application must be received by the 8
3857+Board for the renewal to be issued and mailed before the license expires; and 9
3858+
3859+ (3) The amount of the renewal fee. 10
3860+
3861+ (c) The Board shall renew the license of a licensee who: 11
3862+
3863+ (1) Submits a renewal application on the form that the Board requires; 12
3864+
3865+ (2) Is of good moral character; 13
3866+
3867+ (3) Pays a renewal fee set by the Board; 14
3868+
3869+ (4) Is otherwise entitled to be licensed; 15
3870+
3871+ (5) Meets the continuing education requirements adopted by the Board; 16
3872+and 17
3873+
3874+ (6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWAL 18
3875+REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 19
3876+evidence of biennial cardiopulmonary resuscitation certification. 20
3877+
3878+ [(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 21
3879+records check in accordance with § 14–308.1 of this title for: 22
3880+
3881+ (i) Renewal applicants as determined by regulations adopted by the 23
3882+Board; and 24
3883+
3884+ (ii) Each former licensee who files for reinstatement under § 25
3885+14–5F–16(b) of this subtitle. 26
3886+
3887+ (2) On receipt of the criminal history record information of a licensee 27
3888+forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 28 82 HOUSE BILL 232
3889+
3890+
3891+disciplinary action should be taken, based on the criminal history record information, 1
3892+against a licensee who renewed or reinstated a license, the Board shall consider: 2
3893+
3894+ (i) The age at which the crime was committed; 3
3895+
3896+ (ii) The nature of the crime; 4
3897+
3898+ (iii) The circumstances surrounding the crime; 5
3899+
3900+ (iv) The length of time that has passed since the crime; 6
3901+
3902+ (v) Subsequent work history; 7
3903+
3904+ (vi) Employment and character references; and 8
3905+
3906+ (vii) Other evidence that demonstrates whether the licensee poses a 9
3907+threat to the public health or safety. 10
3908+
3909+ (3) The Board may renew or reinstate a license only if the licensee or 11
3910+applicant attests that the licensee or applicant has submitted to a criminal history records 12
3911+check under § 14–308.1 of this title. 13
3912+
3913+ (e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
3914+education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 15
3915+for failure of a licensee to obtain the continuing education credits required by the Board.] 16
3916+
3917+14–5F–16. 17
3918+
3919+ (a) [(1)] The Board may place a licensee on inactive status if the licensee 18
3920+submits to the Board: 19
3921+
3922+ [(i)] (1) An application for inactive status on the form required by 20
3923+the Board; and 21
3924+
3925+ [(ii)] (2) The inactive status fee set by the Board. 22
3926+
3927+ [(2)] (B) The Board shall issue a license to a naturopathic doctor who is 23
3928+on inactive status if the individual is otherwise entitled to be licensed under this subtitle 24
3929+and submits to the Board: 25
3930+
3931+ [(i)] (1) Satisfactory evidence of compliance with the requirements 26
3932+of [§ 14–308.1] § 14–302 of this title; 27
3933+
3934+ [(ii)] (2) Satisfactory evidence of compliance with the continuing 28
3935+education requirements the Board adopts for this purpose; and 29
3936+ HOUSE BILL 232 83
3937+
3938+
3939+ [(iii)] (3) A reinstatement fee set by the Board. 1
3940+
3941+ [(b) The Board shall reinstate the license of a naturopathic doctor who has failed 2
3942+to renew the license for any reason if the naturopathic doctor: 3
3943+
3944+ (1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 4
3945+
3946+ (2) Pays to the Board a reinstatement fee set by the Board; and 5
3947+
3948+ (3) Submits to the Board satisfactory evidence of compliance with the 6
3949+qualifications and requirements adopted by the Board under this subtitle for license 7
3950+reinstatements.] 8
3951+
3952+14–5F–18. 9
3953+
3954+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
3955+on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 11
3956+license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
3957+suspend or revoke a license of any licensee if the [applicant or] licensee: 13
3958+
3959+ (1) Is habitually intoxicated, or is addicted to or habitually abuses any 14
3960+narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 15
3961+Article, or any drug without a valid prescription or indication, or provides professional 16
3962+services while under the influence of alcohol or using any narcotic or controlled dangerous 17
3963+substance, as defined in § 5–101 of the Criminal Law Article; 18
3964+
3965+ (2) Has been found to be mentally [incompetent] UNABLE TO CARRY OUT 19
3966+IMPORTANT PROFESSION AL ACTIVITIES by a physician if [the mental incompetence 20
3967+impairs the ability of the applicant or licensee to] THE LICENSEE’S ABILITY TO undertake 21
3968+the practice of naturopathic medicine in a manner consistent with the safety of the public 22
3969+IS IMPAIRED; 23
3970+
3971+ (3) Has entered into a consent agreement with or has been assessed an 24
3972+administrative penalty by a licensing authority in another state; 25
3973+
3974+ (4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 26
3975+license for [the applicant,] the licensee[,] or another; 27
3976+
3977+ (5) Has a license revoked or suspended, or was otherwise acted against, 28
3978+including the denial of licensure, by the licensing authority of another state; 29
3979+
3980+ (6) Uses false, deceptive, or misleading advertising; 30
3981+
3982+ (7) Advertises, practices, or attempts to practice under a name other than 31
3983+the [applicant’s or] licensee’s own name; 32 84 HOUSE BILL 232
3984+
3985+
3986+
3987+ (8) Aids, assists, employs, or advises any unlicensed individual to practice 1
3988+naturopathic medicine in violation of this subtitle; 2
3989+
3990+ (9) Willfully makes or files a false report or record in the practice of 3
3991+naturopathic medicine; 4
3992+
3993+ (10) Willfully or negligently fails to file a report or record as required by law, 5
3994+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
3995+to file or record a report; 7
3996+
3997+ (11) Pays or receives any commission, bonus, kickback, or rebate, or engages 8
3998+in any split–fee arrangement in any form with a licensed physician, organization, agency, 9
3999+or other person, either directly or indirectly, for patients referred to health care providers; 10
4000+
4001+ (12) Exercises influence within a patient–doctor relationship for purposes of 11
4002+engaging a patient in sexual activity; 12
4003+
4004+ (13) Engages in sexual misconduct with a patient; 13
4005+
4006+ (14) Fails to keep written medical records justifying the course of treatment 14
4007+of a patient; 15
4008+
4009+ (15) Engages in an act or omission that does not meet generally accepted 16
4010+standards of practice of naturopathic medicine or of safe care of patients, whether or not 17
4011+actual injury to a patient is established; 18
4012+
4013+ (16) Delegates professional responsibilities to an individual when the 19
4014+licensee delegating the responsibilities knows or has reason to know that the individual is 20
4015+not qualified by training, experience, or licensure to perform the responsibilities; 21
4016+
4017+ (17) Promotes the sale of services, drugs, devices, appliances, or goods to a 22
4018+patient so as to exploit the patient for financial gain; 23
4019+
4020+ (18) Breaches patient confidentiality; 24
4021+
4022+ (19) Is guilty of unprofessional or immoral conduct in the practice of 25
4023+naturopathic medicine; 26
4024+
4025+ (20) Offers, undertakes, or agrees to cure or treat a disease by a secret 27
4026+method, treatment, or medicine; 28
4027+
4028+ (21) Knowingly fails to report suspected child abuse in violation of § 5–704 29
4029+of the Family Law Article; 30
4030+
4031+ (22) Sells, prescribes, gives away, or administers drugs for illegal or 31
4032+illegitimate purposes; 32 HOUSE BILL 232 85
4033+
4034+
4035+
4036+ (23) Denies or discriminates against an individual with regard to the 1
4037+provision of professional services for which the licensee is licensed and qualified to render 2
4038+because the individual is HIV positive; 3
4039+
4040+ (24) Fails to cooperate with a lawful investigation of the Board; 4
4041+
4042+ (25) Abandons a patient; 5
4043+
4044+ (26) Violates any provision of this title or any regulation adopted by the 6
4045+Board; or 7
4046+
4047+ (27) Fails to complete a criminal history records check under [§ 14–308.1] § 8
4048+14–302 of this title. 9
4049+
4050+14–5F–21. 10
4051+
4052+ [(a) The Board shall give notice and hold a hearing in accordance with the 11
4053+Administrative Procedure Act. 12
4054+
4055+ (b) The individual may be represented at the hearing by counsel. 13
4056+
4057+ (c) Over the signature of an officer or the administrator of the Board, the Board 14
4058+or a disciplinary panel may issue subpoenas and administer oaths in connection with any 15
4059+investigation under this subtitle and any hearings or proceedings before the Board or a 16
4060+disciplinary panel. 17
4061+
4062+ (d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 18
4063+disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 19
4064+testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 20
4065+may punish the person as for contempt of court. 21
4066+
4067+ (e) If, after due notice, the individual against whom the action is contemplated 22
4068+fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 23
4069+matter. 24
4070+
4071+ (f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 25
4072+PROCEDURE ACT , an individual is found in violation of § 14–5F–18 of this subtitle, the 26
4073+individual shall pay the costs of the hearing as specified in a regulation adopted by the 27
4074+Board. 28
4075+
4076+14–5F–24. 29
4077+
4078+ (c) A disciplinary panel may not reinstate a surrendered or revoked license that 30
4079+has been surrendered or revoked for a period of more than 1 year unless the licensee: 31
4080+ 86 HOUSE BILL 232
4081+
4082+
4083+ (1) Meets the requirements for reinstatement as established under this 1
4084+title; and 2
4085+
4086+ (2) Completes a criminal history records check in accordance with [§ 3
4087+14–308.1] § 14–302 of this title. 4
4088+
4089+14–5F–29. 5
4090+
4091+ (a) Except as otherwise provided in this [subtitle] TITLE, an individual may not 6
4092+practice, attempt to practice, or offer to practice naturopathic medicine in this State without 7
4093+a license. 8
4094+
4095+14–5G–08. 9
4096+
4097+ (a) Except as otherwise provided in this [subtitle] TITLE, on or after January 1, 10
4098+2024, an individual shall be licensed by the Board before the individual may practice 11
4099+genetic counseling in the State. 12
4100+
4101+ (b) This section does not apply to: 13
4102+
4103+ [(1) An individual who is employed by the United States government to 14
4104+practice genetic counseling while practicing within the scope of that employment;] 15
4105+
4106+ [(2)] (1) An individual who resides in and holds an active license in 16
4107+another state if the individual is engaged in consultation with a physician or genetic 17
4108+counselor licensed in the State about a particular patient and the individual: 18
4109+
4110+ (i) Does not order or coordinate genetic laboratory tests or other 19
4111+diagnostic studies; and 20
4112+
4113+ (ii) Does not provide consultation in the State for more than a total 21
4114+of 10 patients within a calendar year; or 22
4115+
4116+ [(3)] (2) A student enrolled in a genetic counseling training program that 23
4117+is accredited by a national accrediting organization recognized by the Board in regulations 24
4118+while the student is practicing genetic counseling in the program and doing the assigned 25
4119+duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar 26
4120+facility. 27
4121+
4122+14–5G–09. 28
4123+
4124+ (a) To qualify for a license to practice genetic counseling, an applicant shall be an 29
4125+individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 30
4126+
4127+ (b) [The applicant must be of good moral character. 31 HOUSE BILL 232 87
4128+
4129+
4130+
4131+ (c) The applicant must be at least 18 years old. 1
4132+
4133+ (d)] The applicant must be a graduate of an appropriate education program 2
4134+approved by the Board. 3
4135+
4136+ [(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 4
4137+shall submit to the Board satisfactory evidence of certification by a national certifying 5
4138+organization approved by the Board. 6
4139+
4140+ [(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 7
4141+(C) of this section, the applicant may qualify for licensure if the applicant: 8
4142+
4143+ (1) Has worked as a genetic counselor for: 9
4144+
4145+ (i) At least 10 years before January 1, 2024; and 10
4146+
4147+ (ii) At least 5 consecutive years immediately preceding the date on 11
4148+which the applicant submits the application for licensure; 12
4149+
4150+ (2) Has graduated from an education program approved by the Board; 13
4151+
4152+ (3) Submits to the Board three letters of recommendation from licensed 14
4153+physicians who have been licensed for at least 5 years or certified genetic counselors eligible 15
4154+for licensure and who: 16
4155+
4156+ (i) Have worked with the applicant in an employment or 17
4157+professional setting for 3 years before the applicant submits the application for licensure; 18
4158+and 19
4159+
4160+ (ii) Can attest to the applicant’s competency in providing genetic 20
4161+counseling services; and 21
4162+
4163+ (4) Applies for initial licensure on or before December 31, 2024. 22
4164+
4165+ [(g) The applicant shall complete a criminal history records check in accordance 23
4166+with § 14–308.1 of this title.] 24
4167+
4168+ [(h)] (E) The applicant shall meet any additional education, training, or 25
4169+examination requirements established by the Board. 26
4170+
4171+14–5G–14. 27
4172+
4173+ (h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 28
4174+14–5G–18 of this subtitle to the same extent as a genetic counselor. 29 88 HOUSE BILL 232
4175+
4176+
4177+
4178+14–5G–17. 1
4179+
4180+ A disciplinary panel may issue a cease and desist order for[: 2
4181+
4182+ (1) Practicing genetic counseling without a license or with an unauthorized 3
4183+person; or 4
4184+
4185+ (2) Supervising] SUPERVISING or aiding an unauthorized person in the 5
4186+practice of genetic counseling. 6
4187+
4188+14–5G–18. 7
4189+
4190+ (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 8
4191+on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 9
4192+license to any applicant,] reprimand any licensee, place any licensee on probation, or 10
4193+suspend or revoke a license, if the [applicant or] licensee: 11
4194+
4195+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
4196+the applicant or licensee or for another; 13
4197+
4198+ (2) Fraudulently or deceptively uses a license; 14
4199+
4200+ (3) Is guilty of unprofessional or immoral conduct while practicing genetic 15
4201+counseling; 16
4202+
4203+ (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
4204+CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
4205+
4206+ (5) Abandons a patient; 19
4207+
4208+ (6) Is habitually intoxicated; 20
4209+
4210+ (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 21
4211+substance as defined in § 5–101 of the Criminal Law Article; 22
4212+
4213+ (8) Provides professional services while: 23
4214+
4215+ (i) Under the influence of alcohol; or 24
4216+
4217+ (ii) Using any narcotic or controlled dangerous substance as defined 25
4218+in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 26
4219+amounts or without valid medical indication; 27
4220+
4221+ (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 28
4222+patient so as to exploit the patient for financial gain; 29 HOUSE BILL 232 89
4223+
4224+
4225+
4226+ (10) Willfully makes or files a false report or record in the practice of genetic 1
4227+counseling; 2
4228+
4229+ (11) Willfully fails to file or record any report as required under law, 3
4230+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
4231+to file or record a report; 5
4232+
4233+ (12) Breaches patient confidentiality; 6
4234+
4235+ (13) Pays or agrees to pay any sum or provide any form of remuneration or 7
4236+material benefit to any person for bringing or referring a patient or accepts or agrees to 8
4237+accept any sum or any form of remuneration or material benefit from an individual for 9
4238+bringing or referring a patient; 10
4239+
4240+ (14) Knowingly makes a misrepresentation while pract icing genetic 11
4241+counseling; 12
4242+
4243+ (15) Knowingly practices genetic counseling with an unauthorized 13
4244+individual or aids an unauthorized individual in practicing genetic counseling; 14
4245+
4246+ (16) Knowingly delegates a genetic counseling duty to an unlicensed 15
4247+individual; 16
4248+
4249+ (17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 17
4250+OVERUTILIZATION OF health care services; 18
4251+
4252+ (18) Offers, undertakes, or agrees to cure or treat disease by a secret 19
4253+method, treatment, or medicine; 20
4254+
4255+ (19) Is disciplined by a licensing or disciplinary authority or is convicted or 21
4256+disciplined by a court of any state or country or is disciplined by any branch of the United 22
4257+States uniformed services or the U.S. Department of Veterans Affairs for an act that would 23
4258+be grounds for disciplinary action under the Board’s disciplinary statutes; 24
4259+
4260+ (20) Fails to meet appropriate standards for the delivery of genetic 25
4261+counseling services; 26
4262+
4263+ (21) Knowingly submits false statements to collect fees for which services 27
4264+are not provided; 28
4265+
4266+ (22) (i) Has been subject to investigation or disciplinary action by a 29
4267+licensing or disciplinary authority or by a court of any state or country for an act that would 30
4268+be grounds for disciplinary action under the Board’s disciplinary statutes; and 31
4269+
4270+ (ii) Has: 32 90 HOUSE BILL 232
4271+
4272+
4273+
4274+ 1. Surrendered the license, if any, issued by the state or 1
4275+
4276+ 2. Allowed the license, if any, issued by the state or country 2
4277+to expire or lapse; 3
4278+
4279+ (23) Knowingly fails to report suspected child abuse in violation of § 5–704 4
4280+of the Family Law Article; 5
4281+
4282+ (24) Practices or attempts to practice beyond the authorized scope of 6
4283+practice; 7
4284+
4285+ (25) Refuses, withholds from, denies, or discriminates against an individual 8
4286+with regard to the provision of professional services for which the licensee is licensed and 9
4287+qualified to render because the individual is HIV positive; 10
4288+
4289+ (26) Practices or attempts to practice genetic counseling procedures or uses 11
4290+or attempts to use genetic assessments if the applicant or licensee has not received 12
4291+education and training in the performance of the procedure or the use of the genetic 13
4292+assessment; 14
4293+
4294+ (27) Fails to cooperate with a lawful investigation of the Board or a 15
4295+disciplinary panel; 16
4296+
4297+ (28) Fails to complete a criminal history records check under [§ 14–308.1] § 17
4298+14–302 of this title; or 18
4299+
4300+ (29) Violates any provision of this title or any rule or regulation pertaining 19
4301+to genetic counseling that is adopted by the Board, the State, or the federal government. 20
4302+
4303+14–5G–23. 21
4304+
4305+ Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 22
4306+attempt to practice, or offer to practice genetic counseling in this State unless licensed to 23
4307+practice genetic counseling by the Board. 24
4308+
4309+14–5G–24. 25
4310+
4311+ (a) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 26
4312+a person may not represent to the public by title, by description of services, methods, or 27
4313+procedures, or otherwise, that the person is authorized to practice genetic counseling in this 28
4314+State. 29
4315+
4316+ (b) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 30
4317+a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified 31
4318+genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, 32 HOUSE BILL 232 91
4319+
4320+
4321+letters, or symbols with the intent to imply that the person practices genetic counseling or 1
4322+is a certified genetic counselor or licensed genetic counselor. 2
4323+
4324+14–5G–25. 3
4325+
4326+ A person may not provide, attempt to provide, offer to provide, or represent that the 4
4327+person provides genetic counseling services unless the genetic counseling is provided by an 5
4328+individual who is authorized to practice genetic counseling under this [subtitle] TITLE. 6
4329+
4330+14–5G–26. 7
4331+
4332+ (a) Except as otherwise provided in this [subtitle] TITLE, a licensed genetic 8
4333+counselor or a licensed physician may not employ or supervise an individual practicing 9
4334+genetic counseling without a license. 10
4335+
4336+ (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
4337+institution, alternative health system, or employer may not employ an individual practicing 12
4338+genetic counseling without a license. 13
4339+
4340+SUBTITLE 5H. PHYSICIAN ASSISTANTS. 14
4341+
4342+14–5H–01. 15
4343+
4344+ (a) In this [title] SUBTITLE the following words have the meanings indicated. 16
4345+
4346+ [(d) “Board” means the State Board of Physicians, established under § 14–201 of 17
4347+this article.] 18
4348+
4349+ [(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 19
4350+
4351+ [(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 20
4352+of the Criminal Law Article. 21
4353+
4354+ [(g)] (F) “Correctional facility” includes a State or local correctional facility. 22
4355+
4356+ [(h)] (G) “Delegated medical acts” means activities that constitute the practice 23
4357+of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 24
4358+
4359+ [(i)] (H) “Delegation agreement” means a document that is executed by a 25
4360+primary supervising physician and a physician assistant containing the requirements of [§ 26
4361+15–302] § 14–5H–08 of this [title] SUBTITLE. 27
4362+
4363+ [(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
4364+under § 14–401 of this article.] 29 92 HOUSE BILL 232
4365+
4366+
4367+
4368+ [(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
4369+article. 2
4370+
4371+ [(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
4372+promote the sale of the drug and is not intended for sale. 4
4373+
4374+ [(l)] (K) “Hospital” means: 5
4375+
4376+ (1) A hospital as defined under § 19–301 of the Health – General Article; 6
4377+
4378+ (2) A comprehensive care facility that: 7
4379+
4380+ (i) Meets the requirements of a hospital–based skilled nursing 8
4381+facility under federal law; and 9
4382+
4383+ (ii) Offers acute care in the same building; and 10
4384+
4385+ (3) An emergency room that is physically connected to a hospital or a 11
4386+freestanding medical facility that is licensed under Title 19, Subtitle 3A of the 12
4387+Health – General Article. 13
4388+
4389+ [(m)] (L) “License” means a license issued by the Board to a physician assistant 14
4390+under this title. 15
4391+
4392+ [(n)] (M) “National certifying examination” means the Physician Assistant 16
4393+National Certifying Examination administered by the National Commission on 17
4394+Certification of Physician Assistants or its successor. 18
4395+
4396+ [(o)] (N) “Physician assistant” means an individual who is licensed under this 19
4397+title to practice medicine with physician supervision. 20
4398+
4399+ [(p)] (O) “Practice as a physician assistant” means the performance of medical 21
4400+acts that are: 22
4401+
4402+ (1) Delegated by a supervising physician to a physician assistant; 23
4403+
4404+ (2) Within the supervising physician’s scope of practice; and 24
4405+
4406+ (3) Appropriate to the physician assistant’s education, training, and 25
4407+experience. 26
4408+
4409+ [(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
4410+alternate supervising physician to a physician assistant to: 28
4411+
4412+ (1) Prescribe and administer controlled dangerous substances, prescription 29 HOUSE BILL 232 93
4413+
4414+
4415+drugs, medical devices, and the oral, written, or electronic ordering of medications; and 1
4416+
4417+ (2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 2
4418+14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 3
4419+
4420+ [(r)] (Q) “Primary supervising physician” means a physician who: 4
4421+
4422+ (1) Completes a delegation agreement that meets the requirements under 5
4423+[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 6
4424+SUBTITLE and files a copy with the Board; 7
4425+
4426+ (2) Acts as the physician responsible to ensure that a physician assistant 8
4427+practices medicine in accordance with this title and the regulations adopted under this title; 9
4428+
4429+ (3) Ensures that a physician assistant practices within the scope of practice 10
4430+of the primary supervising physician or any designated alternate supervising physician; 11
4431+and 12
4432+
4433+ (4) Ensures that a list of alternate supervising physicians is maintained at 13
4434+the practice setting. 14
4435+
4436+ [(s)] (R) “Public health facility” means a site where clinical public health 15
4437+services are rendered under the auspices of the Department, a local health department in 16
4438+a county, or the Baltimore City Health Department. 17
4439+
4440+ [(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 18
4441+
4442+ (1) Of short duration of 72 hours or less; or 19
4443+
4444+ (2) Prior to obtaining a larger quantity of the drug to complete therapy. 20
4445+
4446+ [(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 21
4447+on–site supervision or immediately available direction for physician assistants performing 22
4448+delegated medical acts. 23
4449+
4450+ (2) “Supervision” includes physician oversight of and acceptance of direct 24
4451+responsibility for the patient services and care rendered by a physician assistant, including 25
4452+continuous availability to the physician assistant in person, through written instructions, 26
4453+or by electronic means and by designation of one or more alternate supervising physicians. 27
4454+
4455+14–5H–02. 28
4456+
4457+ [(a)] A physician assistant may not practice within the scope of practice of any of 29
4458+the following health occupations authorized under this article: 30
4459+ 94 HOUSE BILL 232
4460+
4461+
4462+ (1) Nursing; 1
4463+
4464+ (2) Optometry; 2
4465+
4466+ (3) Physical therapy; or 3
4467+
4468+ (4) Psychology. 4
4469+
4470+ [(b) This title does not limit the right of an individual to practice a health 5
4471+occupation that the individual is authorized to practice under this article.] 6
4472+
4473+14–5H–03. 7
4474+
4475+ (c) Except as otherwise provided under subsections (b) and (d) of this section, a 8
4476+hospital, a related institution, an alternative health care system, or an employer of a 9
4477+physician assistant shall report to the Board any limitation, reduction, or other change of 10
4478+the terms of employment of the physician assistant or any termination of employment of 11
4479+the physician assistant for any reason that might be grounds for disciplinary action under 12
4480+[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 13
4481+
4482+ (d) A hospital, related institution, alternative health care system, or employer 14
4483+that has reason to know that a physician assistant has committed an action or has a 15
4484+condition that might be grounds for reprimand or probation of the physician assistant or 16
4485+suspension or revocation of the license of the physician assistant under [§ 15–314] § 17
4486+14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 18
4487+drug–impaired is not required to report to the Board if: 19
4488+
4489+ (1) The hospital, related institution, alternative health care system, or 20
4490+employer knows that the physician assistant is: 21
4491+
4492+ (i) In an alcohol or drug treatment program that is accredited by the 22
4493+Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 23
4494+Department; or 24
4495+
4496+ (ii) Under the care of a health care practitioner who is competent 25
4497+and capable of dealing with alcoholism and drug abuse; 26
4498+
4499+ (2) The hospital, related institution, alternative health care system, or 27
4500+employer is able to verify that the physician assistant remains in the treatment program 28
4501+until discharge; and 29
4502+
4503+ (3) The action or condition of the physician assistant has not caused injury 30
4504+to any person while the physician assistant is practicing as a licensed physician assistant. 31
4505+
4506+ (e) (1) If the physician assistant enters, or is considering entering, an alcohol 32
4507+or drug treatment program that is accredited by the Joint Commission [on Accreditation of 33 HOUSE BILL 232 95
4508+
4509+
4510+Healthcare Organizations] or that is certified by the Department, the physician assistant 1
4511+shall notify the hospital, related institution, alternative health care system, or employer of 2
4512+the physician assistant’s decision to enter the treatment program. 3
4513+
4514+14–5H–06. 4
4515+
4516+ (a) In addition to the powers set forth elsewhere in this title, the Committee, on 5
4517+its initiative or on the Board’s request, may: 6
4518+
4519+ (1) Recommend to the Board regulations for carrying out the provisions of 7
4520+this title; 8
4521+
4522+ (2) Recommend to the Board approval, modification, or disapproval of an 9
4523+application for licensure or a delegation agreement; 10
4524+
4525+ (3) Report to the Board any conduct of a supervising physician or a 11
4526+physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 12
4527+or under [§ 14–404 of this article] § 14–516 OF THIS TITLE; and 13
4528+
4529+ (4) Report to the Board any alleged unauthorized practice of a physician 14
4530+assistant. 15
4531+
4532+14–5H–07. 16
4533+
4534+ (c) Patient services that may be provided by a physician assistant include: 17
4535+
4536+ (1) (i) Taking complete, detailed, and accurate patient histories; and 18
4537+
4538+ (ii) Reviewing patient records to develop comprehensive medical 19
4539+status reports; 20
4540+
4541+ (2) Performing physical examinations and recording all pertinent patient 21
4542+data; 22
4543+
4544+ (3) Interpreting and evaluating patient data as authorized by the primary 23
4545+or alternate supervising physician for the purpose of determining management and 24
4546+treatment of patients; 25
4547+
4548+ (4) Initiating requests for or performing diagnostic procedures as indicated 26
4549+by pertinent data and as authorized by the supervising physician; 27
4550+
4551+ (5) Providing instructions and guidance regarding medical care matters to 28
4552+patients; 29
4553+
4554+ (6) Assisting the primary or alternate supervising physician in the delivery 30
4555+of services to patients who require medical care in the home and in health care institutions, 31 96 HOUSE BILL 232
4556+
4557+
4558+including: 1
4559+
4560+ (i) Recording patient progress notes; 2
4561+
4562+ (ii) Issuing diagnostic orders; and 3
4563+
4564+ (iii) Transcribing or executing specific orders at the direction of the 4
4565+primary or alternate supervising physician; and 5
4566+
4567+ (7) Exercising prescriptive authority under a delegation agreement and in 6
4568+accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 7
4569+
4570+ (f) (1) Except as provided in [subsection (g) of this section, the following 8
4571+individuals may practice as a physician assistant without a license: 9
4572+
4573+ (1) A] PARAGRAPH (2) OF THIS SUBSECTION , A physician assistant 10
4574+student enrolled in a physician assistant educational program that is accredited by the 11
4575+Accreditation Review Commission on Education for the Physician Assistant or its successor 12
4576+and approved by the Board[; or 13
4577+
4578+ (2) A physician assistant employed in the service of the federal government 14
4579+while performing duties incident to that employment] MAY PRACTICE AS A PH YSICIAN 15
4580+ASSISTANT WITHOUT A LICENSE. 16
4581+
4582+ [(g)] (2) A physician may not delegate prescriptive authority to a physician 17
4583+assistant student in a training program that is accredited by the Accreditation Review 18
4584+Commission on Education for the Physician Assistant or its successor. 19
4585+
4586+ [(h)] (G) (1) If a medical act that is to be delegated under this section is a part 20
4587+of the practice of a health occupation that is regulated under this article by another board, 21
4588+any rule or regulation concerning that medical act shall be adopted jointly by the State 22
4589+Board of Physicians and the board that regulates the other health occupation. 23
4590+
4591+ (2) If the two boards cannot agree on a proposed rule or regulation, the 24
4592+proposal shall be submitted to the Secretary for a final decision. 25
4593+
4594+14–5H–08. 26
4595+
4596+ (c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 27
4597+authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 28
4598+the physician delegating the duties, a primary supervising physician shall obtain the 29
4599+Board’s approval of a delegation agreement that includes advanced duties in accordance 30
4600+with subsubparagraph 2 of this subparagraph. 31
4601+
4602+ (g) If the Board determines that a primary or alternate supervising physician or 32
4603+physician assistant is practicing in a manner inconsistent with the requirements of this 33 HOUSE BILL 232 97
4604+
4605+
4606+title [or Title 14 of this article], the Board on its own initiative or on the recommendation 1
4607+of the Committee may demand modification of the practice, withdraw the approval of the 2
4608+delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 3
4609+other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 4
4610+OR § 14–516 of this [article] TITLE. 5
4611+
4612+ (k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 6
4613+14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 7
4614+agreement filed with the Board under this subtitle at any time. 8
4615+
4616+ (l) (2) If there is no designated alternate supervising physician or the 9
4617+designated alternate supervising physician does not agree to supervise the physician 10
4618+assistant, the physician assistant may not practice until the physician assistant receives 11
4619+approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 12
4620+
4621+ (m) A physician assistant whose delegation agreement is terminated may not 13
4622+practice as a physician assistant until the physician assistant receives preliminary 14
4623+approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 15
4624+
4625+14–5H–09. 16
4626+
4627+ (a) If a delegation agreement does not include advanced duties or the advanced 17
4628+duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 18
4629+physician assistant may assume the duties under a delegation agreement on the date that 19
4630+the Board acknowledges receipt of the completed delegation agreement. 20
4631+
4632+ (b) In this section, “pending” means that a delegation agreement that includes 21
4633+delegation of advanced duties in a setting that does not meet the requirements under [§ 22
4634+15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 23
4635+Board for its approval, but: 24
4636+
4637+ (1) The Committee has not made a recommendation to the Board; or 25
4638+
4639+ (2) The Board has not made a final decision regarding the delegation 26
4640+agreement. 27
4641+
4642+14–5H–10. 28
4643+
4644+ (e) Before a physician assistant may renew a license for an additional 2–year 29
4645+term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 30
4646+submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 31
4647+education within the previous 2 years. 32
4648+
4649+14–5H–12. 33
4650+ 98 HOUSE BILL 232
4651+
4652+
4653+ (a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 1
4654+TITLE, TO qualify for a license, an applicant shall: 2
4655+
4656+ [(1) Complete a criminal history records check in accordance with § 3
4657+14–308.1 of this article; 4
4658+
4659+ (2) Be of good moral character; 5
4660+
4661+ (3) Demonstrate oral and written competency in the English language as 6
4662+required by the Board; 7
4663+
4664+ (4) Be at least 18 years old; and 8
4665+
4666+ (5) (i)] (1) Be a graduate of a physician assistant training program 9
4667+approved by the Board; or 10
4668+
4669+ [(ii)] (2) Have passed the physician assistant national certifying 11
4670+examination administered by the National Commission on Certification of Physician 12
4671+Assistants prior to 1986, maintained all continuing education and recertification 13
4672+requirements, and been in continuous practice since passage of the examination. 14
4673+
4674+14–5H–14. 15
4675+
4676+ [(a)] Each licensee shall keep a license and delegation agreement for inspection at 16
4677+the primary place of business of the licensee. 17
4678+
4679+ [(b) (1) Each licensee shall give the Board written notice of any change of name 18
4680+or address within 60 days of the date of the change. 19
4681+
4682+ (2) A licensee who fails to comply with this subsection is subject to an 20
4683+administrative penalty of $100.] 21
4684+
4685+14–5H–15. 22
4686+
4687+ (a) [(1)] Except as otherwise provided under § 10–226 of the State Government 23
4688+Article, before the Board takes any action to reject or modify a delegation agreement or 24
4689+advanced duty, the Board shall give the licensee the opportunity for a hearing before the 25
4690+Board. 26
4691+
4692+ [(2)] (B) The Board shall give notice and hold the hearing under Title 10, 27
4693+Subtitle 2 of the State Government Article. 28
4694+
4695+ [(3)] (C) The Board may administer oaths in connection with any 29
4696+proceeding under this section. 30
4697+ HOUSE BILL 232 99
4698+
4699+
4700+ [(4)] (D) At least 14 days before the hearing, the hearing notice shall be 1
4701+sent to the last known address of the applicant or licensee. 2
4702+
4703+ [(b) Any licensee aggrieved under this subtitle by a final decision of the Board 3
4704+rejecting or modifying a delegation agreement or advanced duty may petition for judicial 4
4705+review as allowed by the Administrative Procedure Act.] 5
4706+
4707+14–5H–16. 6
4708+
4709+ (a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 7
4710+TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 8
4711+reprimand any physician assistant, place any physician assistant on probation, or suspend 9
4712+or revoke a license if the physician assistant: 10
20624713
20634714 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 11
20644715 the applicant or licensee or for another; 12
20654716
20664717 (2) Fraudulently or deceptively uses a license; 13
20674718
20684719 (3) Is guilty of: 14
20694720
20704721 (i) Immoral conduct in the practice of medicine; or 15
20714722
20724723 (ii) Unprofessional conduct in the practice of medicine; 16
20734724
20744725 (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
20754726 CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
20764727
2077- (5) Solicits or advertises in violation of [§ 14–503] § 14–514 of this [title] 19
2078-SUBTITLE; 20
4728+ (5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 19
4729+[article] SUBTITLE; 20
20794730
20804731 (6) Abandons a patient; 21
20814732
20824733 (7) Habitually is intoxicated; 22
20834734
20844735 (8) Is addicted to, or habitually abuses, any narcotic or controlled 23
20854736 dangerous substance as defined in § 5–101 of the Criminal Law Article; 24
20864737
20874738 (9) Provides professional services: 25
20884739
20894740 (i) While under the influence of alcohol; or 26
20904741
20914742 (ii) While using any narcotic or controlled dangerous substance, as 27
20924743 defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 28
20934744 amounts or without valid medical indication; 29
2094- HOUSE BILL 232 45
4745+ 100 HOUSE BILL 232
20954746
20964747
20974748 (10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 1
20984749 as to exploit the patient for financial gain; 2
20994750
21004751 (11) Willfully makes or files a false report or record in the practice of 3
21014752 medicine; 4
21024753
21034754 (12) Willfully fails to file or record any medical report as required under law, 5
21044755 willfully impedes or obstructs the filing or recording of the report, or induces another to fail 6
21054756 to file or record the report; 7
21064757
21074758 (13) On proper request, and in accordance with the provisions of Title 4, 8
21084759 Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 9
21094760 record to the patient, another physician, or hospital; 10
21104761
21114762 (14) Solicits professional patronage through an agent or other person or 11
21124763 profits from the acts of a person who is represented as an agent of the physician; 12
21134764
21144765 (15) Pays or agrees to pay any sum to any person for bringing or referring a 13
21154766 patient or accepts or agrees to accept any sum from any person for bringing or referring a 14
21164767 patient; 15
21174768
21184769 (16) Agrees with a clinical or bioanalytical laboratory to make payments to 16
2119-the laboratory for a test or test series for a patient, unless the licensed physician discloses 17
2120-on the bill to the patient or third–party payor: 18
4770+the laboratory for a test or test series for a patient, unless the licensed physician assistant 17
4771+discloses on the bill to the patient or third–party payor: 18
21214772
21224773 (i) The name of the laboratory; 19
21234774
21244775 (ii) The amount paid to the laboratory for the test or test series; and 20
21254776
21264777 (iii) The amount of procurement or processing charge of the licensed 21
21274778 physician, if any, for each specimen taken; 22
21284779
21294780 (17) Makes a willful misrepresentation in treatment; 23
21304781
21314782 (18) Practices medicine with an unauthorized person or aids an 24
21324783 unauthorized person in the practice of medicine; 25
21334784
21344785 (19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 26
21354786 OVERUTILIZATION OF health care services; 27
21364787
21374788 (20) Offers, undertakes, or agrees to cure or treat disease by a secret 28
21384789 method, treatment, or medicine; 29
21394790
21404791 (21) Is disciplined by a licensing or disciplinary authority or convicted or 30
21414792 disciplined by a court of any state or country or disciplined by any branch of the United 31
2142-States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 46 HOUSE BILL 232
4793+States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 HOUSE BILL 232 101
21434794
21444795
21454796 VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 1
21464797 section; 2
21474798
2148- (22) Fails to meet appropriate standards as determined by appropriate peer 3
2149-review for the delivery of quality medical and surgical care performed in an outpatient 4
2150-surgical facility, office, hospital, or any other location in this State; 5
4799+ (22) Fails to meet appropriate standards for the delivery of quality medical 3
4800+and surgical care performed in an outpatient surgical facility, office, hospital, or any other 4
4801+location in this State; 5
21514802
21524803 (23) Willfully submits false statements to collect fees for which services are 6
21534804 not provided; 7
21544805
21554806 (24) Was subject to investigation or disciplinary action by a licensing or 8
21564807 disciplinary authority or by a court of any state or country for an act that would be grounds 9
2157-for disciplinary action under this section and the licensee: 10
4808+for disciplinary action under this section and the licensee state or country; or 10
21584809
21594810 (i) Surrendered the license issued by the state or country to the 11
21604811 state or country; or 12
21614812
21624813 (ii) Allowed the license issued by the state or country to expire or 13
21634814 lapse; 14
21644815
21654816 (25) Knowingly fails to report suspected child abuse in violation of § 5–704 15
21664817 of the Family Law Article; 16
21674818
21684819 (26) Fails to educate a patient being treated for breast cancer of alternative 17
21694820 methods of treatment as required by § 20–113 of the Health – General Article; 18
21704821
21714822 (27) Sells, prescribes, gives away, or administers drugs for illegal or 19
21724823 illegitimate medical purposes; 20
21734824
21744825 (28) Fails to comply with the provisions of § 12–102 of this article; 21
21754826
21764827 (29) Refuses, withholds from, denies, or discriminates against an individual 22
2177-with regard to the provision of professional services for which the licensee is licensed and 23
2178-qualified to render because the individual is HIV positive; 24
4828+with regard to the provision of professional services for which the physician assistant is 23
4829+licensed and qualified to render because the individual is HIV positive; 24
21794830
21804831 (30) Except as to an association that has remained in continuous existence 25
21814832 since July 1, 1963: 26
21824833
21834834 (i) Associates with a pharmacist as a partner or co–owner of a 27
21844835 pharmacy for the purpose of operating a pharmacy; 28
21854836
21864837 (ii) Employs a pharmacist for the purpose of operating a pharmacy; 29
21874838 or 30
21884839
21894840 (iii) Contracts with a pharmacist for the purpose of operating a 31
21904841 pharmacy; 32
2191- HOUSE BILL 232 47
4842+ 102 HOUSE BILL 232
21924843
21934844
21944845 (31) Except in an emergency life–threatening situation where it is not 1
21954846 feasible or practicable, fails to comply with the Centers for Disease Control and 2
21964847 Prevention’s guidelines on universal precautions; 3
21974848
2198- (32) Fails to display the notice required under [§ 14–415] § 14–520 of this 4
2199-subtitle; 5
4849+ (32) Fails to display the notice required under [§ 14–415] § 14–519 of this 4
4850+[article] TITLE; 5
22004851
22014852 (33) Fails to cooperate with a lawful investigation conducted by the Board 6
22024853 or a disciplinary panel; 7
22034854
22044855 (34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 8
22054856 Article; 9
22064857
22074858 (35) Is in breach of a service obligation resulting from the applicant’s or 10
2208-licensee’s receipt of State or federal funding for the licensee’s medical education; 11
4859+licensee’s receipt of State or federal funding for the physician assistant’s medical education; 11
22094860
22104861 (36) Willfully makes a false representation when seeking or making 12
22114862 application for licensure or any other application related to the practice of medicine; 13
22124863
22134864 (37) By corrupt means, threats, or force, intimidates or influences, or 14
22144865 attempts to intimidate or influence, for the purpose of causing any person to withhold or 15
22154866 change testimony in hearings or proceedings before the Board or a disciplinary panel or 16
22164867 those otherwise delegated to the Office of Administrative Hearings; 17
22174868
22184869 (38) By corrupt means, threats, or force, hinders, prevents, or otherwise 18
22194870 delays any person from making information available to the Board or a disciplinary panel 19
22204871 in furtherance of any investigation of the Board or a disciplinary panel; 20
22214872
22224873 (39) Intentionally misrepresents credentials for the purpose of testifying or 21
22234874 rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 22
22244875 panel or those otherwise delegated to the Office of Administrative Hearings; 23
22254876
2226- (40) Fails to keep adequate medical records as determined by appropriate 24
2227-peer review; 25
2228-
2229- (41) Performs a cosmetic surgical procedure in an office or a facility that is 26
2230-not: 27
2231-
2232- (i) Accredited by: 28
2233-
2234- 1. The American Association for Accreditation of Ambulatory 29
2235-Surgical Facilities; 30
2236-
2237- 2. The Accreditation Association for Ambulatory Health 31
2238-Care; or 32
2239- 48 HOUSE BILL 232
2240-
2241-
2242- 3. The Joint Commission on the Accreditation of Healthcare 1
2243-Organizations; or 2
2244-
2245- (ii) Certified to participate in the Medicare program, as enacted by 3
2246-Title XVIII of the Social Security Act; 4
2247-
2248- (42) Fails to complete a criminal history records check under [§ 14–308.1] § 5
2249-14–302 of this title; 6
2250-
2251- (43) Except for the licensure process described under Subtitle 3A of this 7
2252-title, violates any provision of this title, any rule or regulation adopted by the Board, or any 8
2253-State or federal law pertaining to the practice of medicine; 9
2254-
2255- (44) Fails to meet the qualifications for licensure under THIS SUBTITLE 10
2256-AND Subtitle 3 of this title; 11
2257-
2258- (45) Fails to comply with § 1–223 of this article; or 12
2259-
2260- (46) Fails to comply with the requirements of the Prescription Drug 13
2261-Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 14
2262-
2263-14–517. 15
2264-
2265- THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AND 16
2266-MAINTAINED UNDE R § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 17
2267-THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 18
2268-THE LICENSEE, INCLUDING: 19
2269-
2270- (1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 20
2271-ATTENDED AND THE DAT E ON WHICH THE LICEN SEE GRADUA TED FROM THE 21
2272-SCHOOL; 22
2273-
2274- (2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 23
2275-
2276- (3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 24
2277-RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 25
2278-AMERICAN OSTEOPATHIC ASSOCIATION; 26
2279-
2280- (4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 27
2281-PRIVILEGES; 28
2282-
2283- (5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 29
2284-
2285- (6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 30
2286-MEDICAL ASSISTANCE PROGRAM; 31 HOUSE BILL 232 49
2287-
2288-
2289-
2290- (7) WHETHER THE LICENSEE MAINTAINS MEDICAL PROFESSIONAL 1
2291-LIABILITY INSURANCE ; AND 2
2292-
2293- (8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 3
2294-JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 4
2295-RECENT 10–YEAR PERIOD. 5
2296-
2297-14–518. 6
2298-
2299- (a) (1) Each hospital and related institution shall submit to the Board a report 7
2300-within 10 days after: 8
2301-
2302- (i) The hospital or related institution denied the application of a 9
2303-physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 10
2304-privileges of a physician, or the physician resigned whether or not under formal accusation, 11
2305-if the denial, limitation, reduction, change, termination, or resignation is for reasons that 12
2306-might be grounds for disciplinary action under [§ 14–404] § 14–516 of this subtitle; 13
2307-
2308- (ii) The hospital or related institution took any disciplinary action 14
2309-against a salaried, licensed physician without staff privileges, including termination of 15
2310-employment, suspension, or probation, for reasons that might be grounds for disciplinary 16
2311-action under [§ 14–404] § 14–516 of this subtitle; 17
2312-
2313- (iii) A licensed physician voluntarily resigned from the staff, employ, 18
2314-or training program of the hospital or related institution for reasons that might be grounds 19
2315-for disciplinary action under [§ 14–404] § 14–516 of this subtitle; or 20
2316-
2317- (iv) The hospital or related institution placed any other restrictions 21
2318-or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 22
2319-paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 23
2320-§ 14–516 of this subtitle. 24
2321-
2322-14–519. 25
2323-
2324- (a) (1) Each alternative health system as defined in § 1–401 of this article shall 26
2325-submit to the Board a report within 10 days after: 27
2326-
2327- (i) The alternative health system denied the formal application of a 28
2328-physician to contract with the alternative health system or limited, reduced, otherwise 29
2329-changed, or terminated the contract of a physician, or the physician resigned whether or 30
2330-not under formal accusation, if the denial, limitation, reduction, change, termination, or 31
2331-resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 32
2332-14–516 of this subtitle; or 33
2333- 50 HOUSE BILL 232
2334-
2335-
2336- (ii) The alternative health system placed any other restrictions or 1
2337-conditions on any licensed physician for any reasons that might be grounds for disciplinary 2
2338-action under [§ 14–404] § 14–516 of this subtitle. 3
2339-
2340-14–522. 4
2341-
2342- (C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
2343-GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 6
2344-EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
2345-
2346- (2) THE BOARD SHALL PAY ANY PENALT Y COLLECTED UNDER TH IS 8
2347-SECTION INTO THE BOARD OF PHYSICIANS FUND. 9
2348-
2349-14–525. 10
2350-
2351- (B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 11
2352-GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 12
2353-EXCEEDING $5,000 OR IMPRISON MENT NOT EXCEEDING 5 YEARS OR BOTH . 13
2354-
2355- (2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 14
2356-SECTION INTO THE BOARD OF PHYSICIANS FUND. 15
2357-
2358- [(b)] (C) (1) The Board shall investigate any alleged violation of this section 16
2359-or [§ 14–507] § 14–524 of this [title] SUBTITLE and may enforce any provision of this title 17
2360-by injunction or other appropriate proceedings. 18
2361-
2362- [(c)] (2) An action under this [section] SUBSECTION is in addition to and not 19
2363-instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 20
2364-SECTION. 21
2365-
2366-14–526. 22
2367-
2368- (D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 23
2369-GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 24
2370-EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 25
2371-
2372- (2) A PERSON W HO IS REQUIRED TO GI VE NOTICE UNDER THIS 26
2373-SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE TO MAY BE 27
2374-SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $100. 28
2375-
2376- (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 29
2377-SECTION INTO THE BOARD OF PHYSICIANS FUND. 30
2378-
2379-14–528. 31
2380- HOUSE BILL 232 51
2381-
2382-
2383- (A) Except as otherwise provided in this title: 1
2384-
2385- (1) A person may not practice, attempt to practice, or offer to practice 2
2386-medicine in the State unless licensed by the Board; and 3
2387-
2388- (2) A licensee on inactive status under [§ 14–320] § 14–511 of this subtitle 4
2389-or emeritus status under [§ 14–320.1] § 14–512 of this subtitle may not: 5
2390-
2391- (i) Practice, attempt to practice, or offer to practice medicine in the 6
2392-State; or 7
2393-
2394- (ii) Delegate medical acts. 8
2395-
2396- (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 9
2397-PERSON WHO VIOLATES THIS SECTION IS: 10
2398-
2399- (I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 11
2400-FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 12
2401-BOTH; AND 13
2402-
2403- (II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 14
2404-BE LEVIED BY A DISCI PLINARY PANEL . 15
2405-
2406- (2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 16
2407-NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 17
2408-§ 14–306 OF THIS TITLE IF: 18
2409-
2410- (I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 19
2411-OF THE LICENSE; AND 20
2412-
2413- (II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 21
2414-REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 22
2415-
2416- (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 23
2417-SECTION INTO THE BOARD OF PHYSICIANS FUND. 24
2418-
2419-14–529. 25
2420-
2421- (a) Unless authorized to practice medicine under this title, a person may not 26
2422-represent to the public, by description of services, methods, or procedures, or otherwise, 27
2423-that the person is authorized to practice medicine in this State. 28
2424-
2425- (b) Except as otherwise provided in this [article] TITLE, a person may not use the 29
2426-words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent 30
2427-that the person practices medicine, unless the person is: 31 52 HOUSE BILL 232
2428-
2429-
2430-
2431- (1) Licensed to practice medicine under this title; 1
2432-
2433- (2) A physician licensed by and residing in another jurisdiction, while 2
2434-engaging in consultation with a physician licensed in this State; 3
2435-
2436- (3) A physician employed by the federal government while performing 4
2437-duties incident to that employment; 5
2438-
2439- (4) A physician who resides in and is licensed to practice medicine by any 6
2440-state adjoining this State and whose practice extends into this State; 7
2441-
2442- (5) An individual in a postgraduate medical program that is accredited by 8
2443-an accrediting organization recognized by the Board in regulations while the individual is 9
2444-practicing medicine in the program; or 10
2445-
2446- (6) A licensee who is on emeritus status under [§ 14–320.1] § 14–512 of 11
2447-this [title] SUBTITLE, [provided that] IF the licensee does not represent to the public that 12
2448-the licensee is authorized to practice medicine in the State. 13
2449-
2450- (c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 14
2451-§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 15
2452-word to describe the occupation of the individual as in phrases such as “physician’s 16
2453-assistant” or “physician’s aide”. 17
2454-
2455- (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 18
2456-PERSON WHO VIOLATES THIS SECTION IS: 19
2457-
2458- (I) GUILTY OF A FELONY AN D ON CONVICTION IS S UBJECT TO A 20
2459-FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 21
2460-BOTH; AND 22
2461-
2462- (II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 23
2463-BE LEVIED BY A DISCI PLINARY PANEL . 24
2464-
2465- (2) THE PROVISIONS OF PA RAGRAPH (1) OF THIS SUBSECTION D O 25
2466-NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 26
2467-§ 14–306 OF THIS TITLE IF: 27
2468-
2469- (I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 28
2470-OF THE LICENSE; AND 29
2471-
2472- (II) THE FORMER LICENSEE H AS APPLIED F OR LICENSE 30
2473-REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 31
2474- HOUSE BILL 232 53
2475-
2476-
2477- (3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
2478-SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
2479-
2480-14–5A–01. 3
2481-
2482- (a) In this subtitle the following words have the meanings indicated. 4
2483-
2484- (c) “Committee” means the Respiratory Care [Professional Standards] 5
2485-ADVISORY Committee established under § 14–5A–05 of this subtitle. 6
2486-
2487-14–5A–05. 7
2488-
2489- There is a Respiratory Care [Professional Standards] ADVISORY Committee within 8
2490-the Board. 9
2491-
2492-14–5A–06. 10
2493-
2494- (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
2495-
2496-14–5A–08. 12
2497-
2498- (a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 13
2499-licensed by the Board before the individual may practice respiratory care in this State. 14
2500-
2501- (b) This section does not apply to: 15
2502-
2503- [(1) An individual employed by the federal government as a respiratory care 16
2504-practitioner while the individual is practicing within the scope of that employment; 17
2505-
2506- (2)] (1) A respiratory care practitioner student enrolled in an education 18
2507-program which is accredited by an approved accrediting organization while practicing 19
2508-respiratory care in the program; or 20
2509-
2510- [(3)] (2) An individual practicing respiratory care who is licensed by and 21
2511-residing in another jurisdiction if: 22
2512-
2513- (i) The individual is participating in the transportation of a patient 23
2514-from that individual’s jurisdiction of licensure into the State; 24
2515-
2516- (ii) The individual practices respiratory care only during the 25
2517-transportation of the patient; 26
2518-
2519- (iii) The individual does not practice respiratory care on another 27
2520-individual who is not the patient being transported into the State; and 28
2521- 54 HOUSE BILL 232
2522-
2523-
2524- (iv) The individual does not practice respiratory care in the State for 1
2525-more than a total of 14 days within a calendar year. 2
2526-
2527-14–5A–09. 3
2528-
2529- [(a) To qualify for a license, an applicant shall be an individual who meets the 4
2530-requirements of this section. 5
2531-
2532- (b) The applicant shall be of good moral character. 6
2533-
2534- (c) The applicant shall be at least 18 years old. 7
2535-
2536- (d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 8
2537-REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 9
2538-
2539- (1) Meet] MEET any educational, training, or examination requirements 10
2540-established by the Board including: 11
2541-
2542- [(i)] (1) Graduation from an appropriate educational program as 12
2543-determined by the Board; and 13
2544-
2545- [(ii)] (2) Certification by a national certifying board approved by 14
2546-the Board[; and 15
2547-
2548- (2) Demonstrate oral and written competency in English as required by the 16
2549-Board]. 17
2550-
2551- [(e) The applicant shall complete a criminal history records check in accordance 18
2552-with § 14–308.1 of this title.] 19
2553-
2554-14–5A–17. 20
2555-
2556- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 21
2557-on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 22
2558-license to any applicant,] reprimand any licensee, place any licensee on probation, or 23
2559-suspend or revoke a license, if the [applicant or] licensee: 24
2560-
2561- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 25
2562-the applicant, licensee, or for another; 26
2563-
2564- (2) Fraudulently or deceptively uses a license; respiratory care; 27
2565-
2566- (3) Is guilty of unprofessional or immoral conduct in the practice of 28
2567-respiratory care; 29
2568- HOUSE BILL 232 55
2569-
2570-
2571- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
2572-CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
2573-
2574- (5) Abandons a patient; 3
2575-
2576- (6) Is habitually intoxicated; 4
2577-
2578- (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 5
2579-substance as defined in § 5–101 of the Criminal Law Article; 6
2580-
2581- (8) Provides professional services while: 7
2582-
2583- (i) Under the influence of alcohol; or 8
2584-
2585- (ii) Using any narcotic or controlled dangerous substance as defined 9
2586-in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 10
2587-amounts or without valid medical indication; 11
2588-
2589- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 12
2590-patient so as to exploit the patient for financial gain; 13
2591-
2592- (10) Willfully makes or files a false report or record in the practice of 14
2593-respiratory care; 15
2594-
2595- (11) Willfully fails to file or record any report as required under law, 16
2596-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 17
2597-to file or record a report; 18
2598-
2599- (12) Breaches patient confidentiality; 19
2600-
2601- (13) Pays or agrees to pay any sum or provide any form of remuneration or 20
2602-material benefit to any person for bringing or referring a patient or accepts or agrees to 21
2603-accept any sum or any form of remuneration or material benefit from an individual for 22
2604-bringing or referring a patient; 23
2605-
2606- (14) Knowingly makes a misrepresentation while practicing respiratory 24
2607-care; 25
2608-
2609- (15) Knowingly practices respiratory care with an unauthorized individual 26
2610-or aids an unauthorized individual in the practice of respiratory care; 27
2611-
2612- (16) Offers, undertakes, or agrees to cure or treat disease by a secret 28
2613-method, treatment, or medicine; 29
2614-
2615- (17) Is disciplined by a licensing or disciplinary authority or is convicted or 30
2616-disciplined by a court of any state or country or is disciplined by any branch of the United 31
2617-States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 56 HOUSE BILL 232
2618-
2619-
2620-VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 1
2621-Board’s disciplinary statutes; 2
2622-
2623- (18) Fails to meet appropriate standards for the delivery of respiratory care 3
2624-performed in any inpatient or outpatient facility, office, hospital or related institution, 4
2625-domiciliary care facility, patient’s home, or any other location in this State; 5
2626-
2627- (19) Knowingly submits false statements to collect fees for which services 6
2628-are not provided; 7
2629-
2630- (20) (i) Has been subject to investigation or disciplinary action by a 8
2631-licensing or disciplinary authority or by a court of any state or country for an act that would 9
2632-be grounds for disciplinary action under the Board’s disciplinary statutes; and 10
2633-
2634- (ii) Has: 11
2635-
2636- 1. Surrendered the license issued by the state or country; or 12
2637-
2638- 2. Allowed the license issued by the state or country to expire 13
2639-or lapse; 14
2640-
2641- (21) Knowingly fails to report suspected child abuse in violation of § 5–704 15
2642-of the Family Law Article; 16
2643-
2644- (22) Sells, prescribes, gives away, or administers drugs for illegal or 17
2645-illegitimate medical purposes; 18
2646-
2647- (23) Practices or attempts to practice beyond the authorized scope of 19
2648-practice; 20
2649-
2650- (24) Refuses, withholds from, denies, or discriminates against an individual 21
2651-with regard to the provision of professional services for which the licensee is licensed and 22
2652-qualified to render because the individual is HIV positive; 23
2653-
2654- (25) Practices or attempts to practice a respiratory care procedure or uses or 24
2655-attempts to use respiratory care equipment if the [applicant or] licensee has not received 25
2656-education and training in the performance of the procedure or the use of the equipment; 26
2657-
2658- (26) Fails to cooperate with a lawful investigation conducted by the Board 27
2659-or a disciplinary panel; 28
2660-
2661- (27) Fails to practice under the supervision of a physician or violates a 29
2662-supervisory order of a supervising physician; or 30
2663-
2664- (28) Fails to complete a criminal history records check under [§ 14–308.1] § 31
2665-14–302 of this title. 32
2666- HOUSE BILL 232 57
2667-
2668-
2669-14–5A–20. 1
2670-
2671- Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 2
2672-attempt to practice, or offer to practice respiratory care in this State unless licensed to 3
2673-practice respiratory care by the Board. 4
2674-
2675-14–5A–21. 5
2676-
2677- (a) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 6
2678-person may not represent to the public by title, by description of services, methods, or 7
2679-procedures, or otherwise, that the person is authorized to practice respiratory care in this 8
2680-State. 9
2681-
2682- (b) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 10
2683-person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with 11
2684-the intent to represent that the person practices respiratory care. 12
2685-
2686-14–5A–22. 13
2687-
2688- A person may not provide, attempt to provide, offer to provide, or represent that the 14
2689-person provides respiratory care unless the respiratory care is provided by an individual 15
2690-who is authorized to practice respiratory care under this [subtitle] TITLE. 16
2691-
2692-14–5A–22.1. 17
2693-
2694- (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 18
2695-may not employ or supervise an individual practicing respiratory care without a license. 19
2696-
2697-14–5B–05. 20
2698-
2699- (F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 21
2700-
2701-14–5B–07. 22
2702-
2703- (a) (2) The failure of a licensed physician to properly supervise a licensee is 23
2704-unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–516(A)(3) 24
2705-of this title. 25
2706-
2707-14–5B–08. 26
2708-
2709- (a) (1) Except as otherwise provided in this [subtitle] TITLE, an individual 27
2710-shall be licensed by the Board before the individual may practice radiation therapy, 28
2711-radiography, nuclear medicine technology, or radiology assistance in this State. 29
2712-
2713- (2) A radiologist assistant may not: 30
2714- 58 HOUSE BILL 232
2715-
2716-
2717- (i) Interpret images; 1
2718-
2719- (ii) Make diagnoses; or 2
2720-
2721- (iii) Prescribe medications or therapies. 3
2722-
2723- (b) This section does not apply to[: 4
2724-
2725- (1) An individual employed by the federal government as a radiation 5
2726-therapist, radiographer, a nuclear medicine technologist, or radiologist assistant while the 6
2727-individual is practicing within the scope of that employment; or 7
2728-
2729- (2) A] A radiation therapy student, a radiography student, a nuclear 8
2730-medicine technology student, or a radiology assistant student enrolled in an education 9
2731-program which is accredited by an approved accrediting organization while practicing 10
2732-radiation therapy, radiography, nuclear medicine technology, or radiology assistance in 11
2733-that program. 12
2734-
2735-14–5B–09. 13
2736-
2737- (a) [To qualify for a license, an applicant shall be an individual who meets the 14
2738-requirements of this section. 15
2739-
2740- (b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 16
2741-FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 17
2742-TITLE, AN applicant shall[: 18
2743-
2744- (1) Be of good moral character; 19
2745-
2746- (2) Be at least 18 years old; 20
2747-
2748- (3) Demonstrate oral and written competency in English as required by the 21
2749-Board; 22
2750-
2751- (4) Meet] MEET any educational, training, or examination requirements 23
2752-established by the Board, including: 24
2753-
2754- [(i)] (1) Graduation from an appropriate educational program as 25
2755-determined by the Board; and 26
2756-
2757- [(ii)] (2) Certification[; and 27
2758-
2759- (5) Complete a criminal history records check in accordance with § 28
2760-14–308.1 of this title]. 29
2761- HOUSE BILL 232 59
2762-
2763-
2764- [(c)] (B) To qualify for a license to practice as a radiologist assistant, an 1
2765-applicant shall: 2
2766-
2767- (1) Be issued a general license to perform radiography; 3
2768-
2769- (2) Complete an advanced academic program with a nationally recognized 4
2770-radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 5
2771-or graduate degree and incorporates a radiologist–directed clinical preceptorship; 6
2772-
2773- (3) Be certified in advanced cardiac life support; and 7
2774-
2775- (4) Be certified as a radiologist assistant by the American Registry of 8
2776-Radiologic Technologists. 9
2777-
2778- [(d)] (C) Except for requirements adopted by the Board for license renewal under 10
2779-[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 11
2780-construed to require an individual who is certified by the Board as a radiation 12
2781-oncology/therapy technologist, medical radiation technologist, or nuclear medicine 13
2782-technologist as of October 1, 2008, to meet additional education, training, or examination 14
2783-requirements. 15
2784-
2785-14–5B–11. 16
2786-
2787- (a) Licensure as a radiation therapist authorizes an individual to practice 17
2788-radiation therapy IN THE STATE while the license is effective. 18
2789-
2790- (b) Licensure as a radiographer authorizes an individual to practice radiography 19
2791-IN THE STATE while the license is effective. 20
2792-
2793- (c) Licensure as a nuclear medicine technologist authorizes an individual to 21
2794-practice nuclear medicine technology IN THE STATE while the license is effective. 22
2795-
2796- (d) Licensure as a radiologist assistant authorizes an individual to practice 23
2797-radiology assistance IN THE STATE while the license is effective. 24
2798-
2799-14–5B–14. 25
2800-
2801- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
2802-on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 27
2803-license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
2804-suspend or revoke a license, if the [applicant or] licensee: 29
2805-
2806- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 30
2807-the applicant, licensed individual, or for another; 31
2808-
2809- (2) Fraudulently or deceptively uses a license; 32 60 HOUSE BILL 232
2810-
2811-
2812-
2813- (3) Is guilty of unprofessional or immoral conduct in the practice of 1
2814-radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 2
2815-
2816- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 3
2817-CARRY OUT IMPO RTANT PROFESSIONAL A CTIVITIES; 4
2818-
2819- (5) Abandons a patient; 5
2820-
2821- (6) Is habitually intoxicated; 6
2822-
2823- (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 7
2824-substance as defined in § 5–101 of the Criminal Law Article; 8
2825-
2826- (8) Provides professional services while: 9
2827-
2828- (i) Under the influence of alcohol; or 10
2829-
2830- (ii) Using any narcotic or controlled dangerous substance as defined 11
2831-in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 12
2832-amounts or without valid medical indication; 13
2833-
2834- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 14
2835-patient so as to exploit the patient for financial gain; 15
2836-
2837- (10) Willfully makes or files a false report or record in the practice of 16
2838-radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 17
2839-
2840- (11) Willfully fails to file or record any report as required under law, 18
2841-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 19
2842-to file or record a report; 20
2843-
2844- (12) Breaches patient confidentiality; 21
2845-
2846- (13) Pays or agrees to pay any sum or provide any form of remuneration or 22
2847-material benefit to any person for bringing or referring a patient or accepts or agrees to 23
2848-accept any sum or any form of remuneration or material benefit from an individual for 24
2849-bringing or referring a patient; 25
2850-
2851- (14) Knowingly makes a misrepresentation while practicing radiation 26
2852-therapy, radiography, nuclear medicine technology, or radiology assistance; 27
2853-
2854- (15) Knowingly practices radiation therapy, radiography, nuclear medicine 28
2855-technology, or radiology assistance with an unauthorized individual or aids an 29
2856-unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 30
2857-technology, or radiology assistance; 31
2858- HOUSE BILL 232 61
2859-
2860-
2861- (16) Offers, undertakes, or agrees to cure or treat disease by a secret 1
2862-method, treatment, or medicine; 2
2863-
2864- (17) Is disciplined by a licensing or disciplinary authority or is convicted or 3
2865-disciplined by a court of any state or country or is disciplined by any branch of the United 4
2866-States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 5
2867-VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 6
2868-Board’s disciplinary statutes; 7
2869-
2870- (18) Fails to meet appropriate standards for the delivery of quality radiation 8
2871-therapy, radiography, nuclear medicine technology, or radiology assistance care performed 9
2872-in any outpatient surgical facility, office, hospital or related institution, or any other 10
2873-location in this State; 11
2874-
2875- (19) Knowingly submits false statements to collect fees for which services 12
2876-are not provided; 13
2877-
2878- (20) (i) Has been subject to investigation or disciplinary action by a 14
2879-licensing or disciplinary authority or by a court of any state or country for an act that would 15
2880-be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
2881-
2882- (ii) Has: 17
2883-
2884- 1. Surrendered the license issued by the state or country; or 18
2885-
2886- 2. Allowed the license issued by the state or country to expire 19
2887-or lapse; 20
2888-
2889- (21) Knowingly fails to report suspected child abuse in violation of § 5–704 21
2890-of the Family Law Article; 22
2891-
2892- (22) Sells, prescribes, gives away, or administers drugs for illegal or 23
2893-illegitimate medical purposes; 24
2894-
2895- (23) Practices or attempts to practice beyond the authorized scope of 25
2896-practice; 26
2897-
2898- (24) Refuses, withholds from, denies, or discriminates against an individual 27
2899-with regard to the provision of professional services for which the licensee is licensed and 28
2900-qualified to render because the individual is HIV positive; 29
2901-
2902- (25) Practices or attempts to practice a radiation therapy, radiography, 30
2903-nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 31
2904-radiography, nuclear medicine technology, or radiology assistance equipment if the 32
2905-[applicant or] licensee has not received education, internship, training, or experience in the 33
2906-performance of the procedure or the use of the equipment; 34
2907- 62 HOUSE BILL 232
2908-
2909-
2910- (26) Fails to cooperate with a lawful investigation conducted by the Board 1
2911-or a disciplinary panel; 2
2912-
2913- (27) Fails to practice under the supervision of a physician or violates a 3
2914-supervisory order of a supervising physician; or 4
2915-
2916- (28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
2917-14–302 of this title. 6
2918-
2919-14–5B–17. 7
2920-
2921- (a) Except as otherwise provided in this [subtitle] TITLE, a person may not 8
2922-practice, attempt to practice, or offer to practice radiation therapy in this State unless 9
2923-licensed to practice radiation therapy by the Board. 10
2924-
2925- (b) Except as otherwise provided in this [subtitle] TITLE, a person may not 11
2926-practice, attempt to practice, or offer to practice nuclear medicine technology in this State 12
2927-unless licensed to practice nuclear medicine technology by the Board. 13
2928-
2929- (c) Except as otherwise provided in this [subtitle] TITLE, a person may not 14
2930-practice, attempt to practice, or offer to practice radiography in this State unless licensed 15
2931-to practice radiography by the Board. 16
2932-
2933- (d) Except as otherwise provided in this [subtitle] TITLE, a person may not 17
2934-practice, attempt to practice, or offer to practice radiology assistance in this State unless 18
2935-licensed to practice radiology assistance by the Board. 19
2936-
2937-14–5B–18. 20
2938-
2939- (b) A person may not provide, attempt to provide, offer to provide, or represent 21
2940-that the person provides radiation therapy, radiography, nuclear medicine technology, or 22
2941-radiology assistance care unless the radiation therapy, radiography, nuclear medicine 23
2942-technology, or radiology assistance care is provided by an individual who is authorized to 24
2943-practice radiation therapy, radiography, nuclear medicine technology, or radiology 25
2944-assistance under this [subtitle] TITLE. 26
2945-
2946-14–5B–18.1. 27
2947-
2948- (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 28
2949-may not employ or supervise an individual practicing radiation therapy, radiography, 29
2950-nuclear medicine technology, or radiology assistance without a license or temporary license. 30
2951-
2952- (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 31
2953-institution, alternative health system, or employer may not employ an individual practicing 32
2954-radiation therapy, radiography, nuclear medicine technology, or radiology assistance 33
2955-without a license or temporary license. 34 HOUSE BILL 232 63
2956-
2957-
2958-
2959-14–5C–01. 1
2960-
2961- (a) In this subtitle the following words have the meanings indicated. 2
2962-
2963- (c) “Committee” means the Polysomnography [Professional Standards] 3
2964-ADVISORY Committee established under § 14–5C–05 of this subtitle. 4
2965-
2966-14–5C–05. 5
2967-
2968- There is a Polysomnography [Professional Standards] ADVISORY Committee within 6
2969-the Board. 7
2970-
2971-14–5C–06. 8
2972-
2973- (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 9
2974-
2975-14–5C–08. 10
2976-
2977- (b) This section does not apply to a student enrolled in an education program 11
2978-under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 12
2979-in that program. 13
2980-
2981-14–5C–09. 14
2982-
2983- [(a) To qualify for a license, an applicant shall be an individual who meets the 15
2984-requirements of this section. 16
2985-
2986- (b) The applicant shall: 17
2987-
2988- (1) Be of good moral character; 18
2989-
2990- (2) Be at least 18 years old; and 19
2991-
2992- (3) Complete a criminal history records check in accordance with § 20
2993-14–308.1 of this title. 21
2994-
2995- (c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 22
2996-SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 23
2997-license shall: 24
2998-
2999- (1) Have passed the national certifying examination given by the Board of 25
3000-Registered Polysomnographic Technologists or another examination approved by the 26
3001-Board; 27
3002- 64 HOUSE BILL 232
3003-
3004-
3005- (2) Submit to the Board proof of certification as a registered 1
3006-polysomnographic technologist or other national certification approved by the Board; 2
3007-
3008- (3) (i) 1. Have graduated from a polysomnographic educational 3
3009-program that is accredited by the Commission on Accreditation of Allied Health Education 4
3010-Programs; or 5
3011-
3012- 2. A. Have graduated from a s leep technologist 6
3013-educational program that is accredited by the American Academy of Sleep Medicine; and 7
3014-
3015- B. Have completed a clinical component of an educational 8
3016-program as established by the Committee and approved by the Board; 9
3017-
3018- (ii) 1. Have graduated from a respiratory care educational 10
3019-program that is accredited by the Commission on Accreditation of Allied Health Education 11
3020-Programs; and 12
3021-
3022- 2. Have completed the Committee on Accreditation for 13
3023-Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 14
3024-Commission on Accreditation of Allied Health Education Programs; or 15
3025-
3026- (iii) 1. Have graduated from an electroneuro –diagnostic 16
3027-educational program that is accredited by the Commission on Accreditation of Allied Health 17
3028-Education Programs; and 18
3029-
3030- 2. Have completed additional units, modules, and courses of 19
3031-instruction focused on polysomnographic technology that are accredited by the Commission 20
3032-on Accreditation of Allied Health Education Programs; and 21
3033-
3034- (4) Meet any other educational or clinical requirements established by the 22
3035-Committee and approved by the Board. 23
3036-
3037-14–5C–10. 24
3038-
3039- [(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 25
3040-14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 26
3041-
3042- (1) Has passed the national certifying examination by the Board of 27
3043-Registered Polysomnographic Technologists or another examination approved by the 28
3044-Board; 29
3045-
3046- (2) Is certified by the Board of Registered Polysomnographic Technologists 30
3047-as a registered polysomnographic technologist; 31
3048-
3049- (3) Has submitted an application for licensure to the Board; and 32
3050- HOUSE BILL 232 65
3051-
3052-
3053- (4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 1
3054-§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 2
3055-
3056- [(b) (1) If an individual has not satisfied the requirements under subsection (a) 3
3057-of this section on or before September 30, 2013, the individual may petition the Board for 4
3058-an extension. 5
3059-
3060- (2) The Board shall determine whether to grant an extension under this 6
3061-subsection on a case–by–case basis.] 7
3062-
3063-14–5C–17. 8
3064-
3065- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 9
3066-on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 10
3067-license to any applicant,] reprimand any licensee, place any licensee on probation, or 11
3068-suspend or revoke a license, if the [applicant or] licensee: 12
3069-
3070- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 13
3071-the applicant, licensee, or for another; 14
3072-
3073- (2) Fraudulently or deceptively uses a license; 15
3074-
3075- (3) Is guilty of unprofessional or immoral conduct in the practice of 16
3076-polysomnography; 17
3077-
3078- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 18
3079-CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 19
3080-
3081- (5) Abandons a patient; 20
3082-
3083- (6) Is habitually intoxicated; 21
3084-
3085- (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 22
3086-substance as defined in § 5–101 of the Criminal Law Article; 23
3087-
3088- (8) Provides professional services while: 24
3089-
3090- (i) Under the influence of alcohol; or 25
3091-
3092- (ii) Using any narcotic or controlled dangerous substance as defined 26
3093-in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 27
3094-amounts or without valid medical indication; 28
3095-
3096- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 29
3097-patient so as to exploit the patient for financial gain; 30
3098- 66 HOUSE BILL 232
3099-
3100-
3101- (10) Willfully makes or files a false report or record in the practice of 1
3102-polysomnography; 2
3103-
3104- (11) Willfully fails to file or record any report as required under law, 3
3105-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
3106-to file or record a report; 5
3107-
3108- (12) Breaches patient confidentiality; 6
3109-
3110- (13) Pays or agrees to pay any sum or provide any form of remuneration or 7
3111-material benefit to any person for bringing or referring a patient or accepts or agrees to 8
3112-accept any sum or any form of remuneration or material benefit from an individual for 9
3113-bringing or referring a patient; 10
3114-
3115- (14) Knowingly makes a misrepresentation while practicing 11
3116-polysomnography; 12
3117-
3118- (15) Knowingly practices polysomnography with an unauthorized individual 13
3119-or aids an unauthorized individual in the practice of polysomnography; 14
3120-
3121- (16) Knowingly delegates a polysomnographic duty to an unlicensed 15
3122-individual; 16
3123-
3124- (17) Offers, undertakes, or agrees to cure or treat disease by a secret 17
3125-method, treatment, or medicine; 18
3126-
3127- (18) Is disciplined by a licensing or disciplinary authority or is convicted or 19
3128-disciplined by a court of any state or country or is disciplined by any branch of the United 20
3129-States uniformed services or the U.S. Department of Veterans Affairs for an act that would 21
3130-be grounds for disciplinary action under the Board’s disciplinary statutes; 22
3131-
3132- (19) Fails to meet appropriate standards for the delivery of 23
3133-polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 24
3134-center; 25
3135-
3136- (20) Knowingly submits false statements to collect fees for which services 26
3137-are not provided; 27
3138-
3139- (21) (i) Has been subject to investigation or disciplinary action by a 28
3140-licensing or disciplinary authority or by a court of any state or country for an act that would 29
3141-be grounds for disciplinary action under the Board’s disciplinary statutes; and 30
3142-
3143- (ii) Has: 31
3144-
3145- 1. Surrendered the license, if any, issued by the state or 32
3146-country; or 33
3147- HOUSE BILL 232 67
3148-
3149-
3150- 2. Allowed the license, if any, issued by the state or country 1
3151-to expire or lapse; 2
3152-
3153- (22) Knowingly fails to report suspected child abuse in violation of § 5–704 3
3154-of the Family Law Article; 4
3155-
3156- (23) Sells, prescribes, gives away, or administers drugs for illegal or 5
3157-illegitimate medical purposes; 6
3158-
3159- (24) Practices or attempts to practice beyond the authorized scope of 7
3160-practice; 8
3161-
3162- (25) Refuses, withholds from, denies, or discriminates against an individual 9
3163-with regard to the provision of professional services for which the licensee is licensed and 10
3164-qualified to render because the individual is HIV positive; 11
3165-
3166- (26) Practices or attempts to practice a polysomnography procedure or uses 12
3167-or attempts to use polysomnography equipment if the [applicant or] licensee has not 13
3168-received education and training in the performance of the procedure or the use of the 14
3169-equipment; 15
3170-
3171- (27) Fails to cooperate with a lawful investigation conducted by the Board; 16
3172-or 17
3173-
3174- (28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
3175-14–302 of this title. 19
3176-
3177-14–5C–20. 20
3178-
3179- Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 21
3180-attempt to practice, or offer to practice polysomnography in this State unless licensed to 22
3181-practice polysomnography by the Board. 23
3182-
3183-14–5C–22. 24
3184-
3185- A person may not provide, attempt to provide, offer to provide, or represent that the 25
3186-person provides polysomnography unless the polysomnography is provided by an individual 26
3187-who is authorized to practice polysomnography under this [subtitle] TITLE. 27
3188-
3189-14–5C–22.1. 28
3190-
3191- (a) Except as otherwise provided in this [subtitle] TITLE a licensed physician 29
3192-may not employ or supervise an individual practicing polysomnography without a license. 30
3193-
3194-14–5D–05. 31
3195- 68 HOUSE BILL 232
3196-
3197-
3198- (F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 1
3199-
3200-14–5D–07. 2
3201-
3202- (a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 3
3203-licensed by the Board before the individual may practice athletic training in the State. 4
3204-
3205- (b) This section does not apply to: 5
3206-
3207- [(1) An individual employed by the federal government as an athletic 6
3208-trainer while the individual is practicing within the scope of that employment; 7
3209-
3210- (2)] (1) An individual employed by or under contract with an entity 8
3211-located in another state who represents that entity: 9
3212-
3213- (i) At an athletic event in the State; 10
3214-
3215- (ii) For a period of time not to exceed 45 days within a calendar year; 11
3216-and 12
3217-
3218- (iii) By providing athletic training services to individuals 13
3219-representing the entity at the event; or 14
3220-
3221- [(3)] (2) A student enrolled in an education program that meets the 15
3222-criteria of [§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an 16
3223-unpaid, clinical educational experience of athletic training. 17
3224-
3225-14–5D–08. 18
3226-
3227- [(a) To qualify for a license, an applicant shall be an individual who meets the 19
3228-requirements of this section. 20
3229-
3230- (b) The applicant shall: 21
3231-
3232- (1) Be of good moral character; 22
3233-
3234- (2) Be at least 18 years old; and 23
3235-
3236- (3) Complete a criminal history records check in accordance with § 24
3237-14–308.1 of this title.] 25
3238-
3239- [(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 26
3240-REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 27
3241-
3242- (1) Have a current certification by a national certifying board approved by 28
3243-the Board; AND 29 HOUSE BILL 232 69
3244-
3245-
3246-
3247- (2) Have received a bachelor’s or master’s degree from an athletic training 1
3248-educational program that is accredited by the Commission on Accreditation of Athletic 2
3249-Training Education or its successor[; 3
3250-
3251- (3) Demonstrate oral and written competency in English as required by the 4
3252-Board; and 5
3253-
3254- (4) Meet any other requirements established by the Board]. 6
3255-
3256- [(d)] (B) The Board shall waive the education requirements under this section if 7
3257-an individual was certified by the National Athletic Trainers’ Association Board of 8
3258-Certification, Inc., on or before October 1, 2012, and is currently in good standing. 9
3259-
3260-14–5D–10. 10
3261-
3262- (a) An athletic trainer license authorizes the licensee to practice athletic training 11
3263-services IN THE STATE while the license is effective. 12
3264-
3265-14–5D–11.1. 13
3266-
3267- (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 14
3268-may not employ or supervise an individual practicing athletic training without a license or 15
3269-without an approved evaluation and treatment protocol. 16
3270-
3271- (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, an 17
3272-institution, an alternative health system, or any other employer may not employ an 18
3273-individual practicing athletic training without a license or without an approved evaluation 19
3274-and treatment protocol. 20
3275-
3276-14–5D–14. 21
3277-
3278- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
3279-on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 23
3280-license to any applicant,] reprimand any licensee, place any licensee on probation, or 24
3281-suspend or revoke a license, if the [applicant or] licensee: 25
3282-
3283- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 26
3284-the [applicant,] licensee[,] or for another; 27
3285-
3286- (2) Fraudulently or deceptively uses a license; 28
3287-
3288- (3) Is guilty of unprofessional or immoral conduct in the practice of athletic 29
3289-training; 30
3290- 70 HOUSE BILL 232
3291-
3292-
3293- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
3294-CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
3295-
3296- (5) Abandons a patient; 3
3297-
3298- (6) Habitually is intoxicated; 4
3299-
3300- (7) Is addicted to, or habitually abuses, any narcotic or controlled 5
3301-dangerous substances as defined in § 5–101 of the Criminal Law Article; 6
3302-
3303- (8) Provides professional services while: 7
3304-
3305- (i) Under the influence of alcohol; or 8
3306-
3307- (ii) Using any narcotic or controlled dangerous substance as defined 9
3308-in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 10
3309-amounts or without valid medical indication; 11
3310-
3311- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 12
3312-patient so as to exploit the patient for financial gain; 13
3313-
3314- (10) Willfully makes or files a false report or record in the practice of athletic 14
3315-training; 15
3316-
3317- (11) Willfully fails to file or record any report as required under law, 16
3318-willfully impedes or obstructs the filing or recording of the report, or induces another to fail 17
3319-to file or record the report; 18
3320-
3321- (12) Breaches patient confidentiality; 19
3322-
3323- (13) Pays or agrees to pay any sum or provide any form of remuneration or 20
3324-material benefit to any individual for bringing or referring a patient or accepts or agrees to 21
3325-accept any sum or any form of remuneration or material benefit from an individual for 22
3326-bringing or referring a patient; 23
3327-
3328- (14) Knowingly makes a misrepresentation while practicing athletic 24
3329-training; 25
3330-
3331- (15) Knowingly practices athletic training with an unauthorized individual 26
3332-or aids an unauthorized individual in the practice of athletic trainer services; 27
3333-
3334- (16) Offers, undertakes, or agrees to cure or treat disease by a secret 28
3335-method, treatment, or medicine; 29
3336-
3337- (17) Is disciplined by a licensing, certifying, or disciplinary authority or is 30
3338-convicted or disciplined by a court of any state or country or is disciplined by any branch of 31
3339-the United States uniformed services or the [Veterans Administration] U.S. 32 HOUSE BILL 232 71
3340-
3341-
3342-DEPARTMENT OF VETERANS AFFAIRS for an act that would be grounds for disciplinary 1
3343-action under this section; 2
3344-
3345- (18) Fails to meet appropriate standards for the delivery of athletic training 3
3346-services; 4
3347-
3348- (19) Knowingly submits false statements to collect fees for which services 5
3349-have not been provided; 6
3350-
3351- (20) (i) Has been subject to investigation or disciplinary action by a 7
3352-licensing or disciplinary authority or by a court of any state or country for an act that would 8
3353-be grounds for disciplinary action under the Board’s disciplinary statutes; and 9
3354-
3355- (ii) Has: 10
3356-
3357- 1. Surrendered the license issued by the state or country; or 11
3358-
3359- 2. Allowed the license issued by the state or country to expire 12
3360-or lapse; 13
3361-
3362- (21) Knowingly fails to report suspected child abuse in violation of § 5–704 14
3363-of the Family Law Article; 15
3364-
3365- (22) Sells, prescribes, gives away, or administers drugs for illegal or 16
3366-illegitimate medical purposes; 17
3367-
3368- (23) Practices or attempts to practice beyond the authorized scope of 18
3369-practice; 19
3370-
3371- (24) Refuses, withholds from, denies, or discriminates against an individual 20
3372-with regard to the provision of professional services for which the licensee is licensed and 21
3373-qualified to render because the individual is HIV positive; 22
3374-
3375- (25) Practices or attempts to practice an athletic training procedure or uses 23
3376-or attempts to use athletic training equipment if the applicant or licensee has not received 24
3377-education and training in the performance of the procedure or the use of the equipment; 25
3378-
3379- (26) Fails to cooperate with a lawful investigation conducted by the Board 26
3380-or a disciplinary panel; 27
3381-
3382- (27) Fails to practice under the supervision of a physician or violates the 28
3383-approved evaluation and treatment protocol; 29
3384-
3385- (28) Violates an order of the Board or a disciplinary panel, including any 30
3386-condition of probation; 31
3387- 72 HOUSE BILL 232
3388-
3389-
3390- (29) Fails to complete a criminal history records check under [§ 14–308.1] § 1
3391-14–302 of this title; or 2
3392-
3393- (30) Performs dry needling without the approval of the Board issued under 3
3394-§ 14–5D–11.4 of this subtitle. 4
3395-
3396-14–5D–17. 5
3397-
3398- Unless authorized to practice athletic training under this [subtitle] TITLE, a person 6
3399-may not: 7
3400-
3401- (1) Practice athletic training in this State; 8
3402-
3403- (2) Attempt to practice or offer to practice athletic training in this State; 9
3404-
3405- (3) Represent to the public by title, by description of services, methods, or 10
3406-procedures, or otherwise, that the person is authorized to practice athletic training in this 11
3407-State; or 12
3408-
3409- (4) Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, 13
3410-letters, or symbols with the intent to represent that the person practices athletic training. 14
3411-
3412-14–5E–01. 15
3413-
3414- (a) In this subtitle the following words have the meanings indicated. 16
3415-
3416- (g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 17
3417-14–5E–09 of this subtitle, is: 18
3418-
3419- (1) Enrolled in an accredited educational program to qualify for a license 19
3420-under this subtitle; and 20
3421-
3422- (2) Performing perfusion services within the accredited program under the 21
3423-supervision of a licensed perfusionist and without compensation. 22
3424-
3425-14–5E–06. 23
3426-
3427- (E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
3428-
3429-14–5E–08. 25
3430-
3431- (a) Except as otherwise provided in this [subtitle] TITLE, on or after October 1, 26
3432-2013, an individual shall be licensed by the Board before the individual may practice 27
3433-perfusion in this State. 28
3434- HOUSE BILL 232 73
3435-
3436-
3437- (b) This section does not apply to a student enrolled in an education program 1
3438-under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 2
3439-program. 3
3440-
3441-14–5E–09. 4
3442-
3443- [(a) To qualify for a license, an applicant shall be an individual who meets the 5
3444-requirements of this section. 6
3445-
3446- (b) The applicant shall: 7
3447-
3448- (1) Be of good moral character; 8
3449-
3450- (2) Be at least 18 years old; and 9
3451-
3452- (3) Complete a criminal history records check in accordance with § 10
3453-14–308.1 of this title. 11
3454-
3455- (c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 12
3456-UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 13
3457-
3458- (1) (i) Submit to the Board satisfactory evidence of certification as a 14
3459-certified perfusionist or other national certification approved by the Board; and 15
3460-
3461- (ii) Meet any other educational or clinical requirements established 16
3462-by the Committee and approved by the Board; or 17
3463-
3464- (2) (i) Submit to the Board satisfactory evidence of graduation from a 18
3465-perfusion educational program that is accredited by the Commission on Accreditation of 19
3466-Allied Health Education Programs, or the Commission’s predecessor or successor; and 20
3467-
3468- (ii) Meet any other educational or clinical requirements established 21
3469-by the Committee and approved by the Board. 22
3470-
3471-14–5E–10. 23
3472-
3473- (a) Except as provided in subsection (b) of this section, an applicant who 24
3474-otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle is 25
3475-entitled to be licensed for a single 2–year term before taking the national certifying 26
3476-examination given by the American Board of Cardiovascular Perfusion or its successor 27
3477-organization or another examination given or approved by the Board. 28
3478-
3479-14–5E–13. 29
3480-
3481- [(a) (1) A license expires on a date set by the Board, unless the license is 30
3482-renewed for an additional term as provided in this section. 31 74 HOUSE BILL 232
3483-
3484-
3485-
3486- (2) The term of a license issued by the Board may not exceed 3 years. 1
3487-
3488- (b) At least 1 month before a license expires, the Board shall send to the licensed 2
3489-perfusionist a renewal notice that states: 3
3490-
3491- (1) The date on which the current license expires; 4
3492-
3493- (2) The date by which the renewal application must be received by the 5
3494-Board for the renewal to be issued and sent before the license expires; 6
3495-
3496- (3) The amount of the renewal fee; and] 7
3497-
3498- [(4)] (A) For licensees who qualified for an initial license under [§ 8
3499-14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO THE 9
3500-LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 10
3501-the licensee must submit satisfactory evidence of a passing score on the examination as 11
3502-required under subsection [(c)(2)] (B) of this section. 12
3503-
3504- [(c) (1) Except as otherwise provided in this subtitle, before a license expires, 13
3505-the licensed perfusionist periodically may renew it for an additional term, if the licensee: 14
3506-
3507- (i) Otherwise is entitled to be licensed; 15
3508-
3509- (ii) Is of good moral character; 16
3510-
3511- (iii) Pays to the Board a renewal fee set by the Board; and 17
3512-
3513- (iv) Except as provided in paragraph (2) of this subsection, submits 18
3514-to the Board: 19
3515-
3516- 1. A renewal application on the form that the Board requires; 20
3517-and 21
3518-
3519- 2. Satisfactory evidence of compliance with any continuing 22
3520-education or competency requirements and other requirements set under this section for 23
3521-license renewal.] 24
3522-
3523- [(2)] (B) A licensee who qualified for an initial license under [§ 25
3524-14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 26
3525-evidence of a passing score on the national certifying examination given by the American 27
3526-Board of Cardiovascular Perfusion or its successor organization or another examination 28
3527-given or approved by the Board. 29
3528- HOUSE BILL 232 75
3529-
3530-
3531- [(d) In addition to any other qualifications and requirements established by the 1
3532-Board, the Board shall establish continuing education or competency requirements as a 2
3533-condition of the renewal of a license under this section.] 3
3534-
3535- [(e)] (C) (1) The Board shall renew the license of each licensee who meets the 4
3536-requirements of this section AND § 14–306 OF THIS TITLE. 5
3537-
3538- (2) The Board may not renew the license of a licensee who fails to submit 6
3539-satisfactory evidence of a passing score on the examination as required under subsection 7
3540-[(c)(2)] (B) of this section. 8
3541-
3542- [(f) The Board shall reinstate the license of an individual who has failed to renew 9
3543-the license for any reason if the individual: 10
3544-
3545- (1) Applies for reinstatement after the date the license expires; 11
3546-
3547- (2) Meets the renewal requirements of this section; and 12
3548-
3549- (3) Pays to the Board the reinstatement fee set by the Board. 13
3550-
3551- (g) (1) Beginning October 1, 2016, the Board shall require a criminal history 14
3552-records check in accordance with § 14–308.1 of this title for: 15
3553-
3554- (i) Renewal applicants as determined by regulations adopted by the 16
3555-Board; and 17
3556-
3557- (ii) Each former licensee who files for reinstatement under 18
3558-subsection (f) of this section. 19
3559-
3560- (2) On receipt of the criminal history record information of a licensee 20
3561-forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 21
3562-disciplinary action should be taken, based on the criminal history record information, 22
3563-against a licensee who renewed or reinstated a license, the Board shall consider: 23
3564-
3565- (i) The age at which the crime was committed; 24
3566-
3567- (ii) The nature of the crime; 25
3568-
3569- (iii) The circumstances surrounding the crime; 26
3570-
3571- (iv) The length of time that has passed since the crime; 27
3572-
3573- (v) Subsequent work history; 28
3574-
3575- (vi) Employment and character references; and 29
3576- 76 HOUSE BILL 232
3577-
3578-
3579- (vii) Other evidence that demonstrates whether the licensee poses a 1
3580-threat to the public health or safety. 2
3581-
3582- (3) The Board may renew or reinstate a license only if the licensee or 3
3583-applicant attests that the licensee or applicant has submitted to a criminal history records 4
3584-check under § 14–308.1 of this title. 5
3585-
3586- (h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 6
3587-education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 7
3588-for failure of a licensee to obtain the continuing education credits required by the Board.] 8
3589-
3590-14–5E–14. 9
3591-
3592- [(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 10
3593-name or address within 60 days after the change. 11
3594-
3595- (2) A licensed perfusionist who fails to comply with the requirements of 12
3596-paragraph (1) of this subsection is subject to an administrative penalty of $100.] 13
3597-
3598- [(b)] Each licensed perfusionist shall: 14
3599-
3600- (1) Keep a copy of the license in the licensee’s employment file; and 15
3601-
3602- (2) Make the license available for inspection on request. 16
3603-
3604-14–5E–16. 17
3605-
3606- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 18
3607-on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 19
3608-license to any applicant,] reprimand any licensee, place any licensee on probation, or 20
3609-suspend or revoke a license, if the [applicant or] licensee: 21
3610-
3611- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 22
3612-the [applicant or] licensee or for another; 23
3613-
3614- (2) Fraudulently or deceptively uses a license; 24
3615-
3616- (3) Is guilty of unprofessional or immoral conduct in the practice of 25
3617-perfusion; 26
3618-
3619- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 27
3620-CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 28
3621-
3622- (5) Abandons a patient; 29
3623-
3624- (6) Is habitually intoxicated; 30 HOUSE BILL 232 77
3625-
3626-
3627-
3628- (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 1
3629-substance as defined in § 5–101 of the Criminal Law Article; 2
3630-
3631- (8) Provides professional services while: 3
3632-
3633- (i) Under the influence of alcohol; or 4
3634-
3635- (ii) Using any narcotic or controlled dangerous substance as defined 5
3636-in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 6
3637-amounts or without valid medical indication; 7
3638-
3639- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 8
3640-patient so as to exploit the patient for financial gain; 9
3641-
3642- (10) Willfully makes or files a false report or record in the practice of 10
3643-perfusion; 11
3644-
3645- (11) Willfully fails to file or record any report as required under law, 12
3646-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
3647-to file or record a report; 14
3648-
3649- (12) Breaches patient confidentiality; 15
3650-
3651- (13) Pays or agrees to pay any sum or provide any form of remuneration or 16
3652-material benefit to any person for bringing or referring a patient or accepts or agrees to 17
3653-accept any sum or any form of remuneration or material benefit from an individual for 18
3654-bringing or referring a patient; 19
3655-
3656- (14) Knowingly makes a misrepresentation while practicing perfusion; 20
3657-
3658- (15) Knowingly practices perfusion with an unauthorized individual or aids 21
3659-an unauthorized individual in the practice of perfusion; 22
3660-
3661- (16) Knowingly delegates a perfusion duty to an unlicensed individual; 23
3662-
3663- (17) Offers, undertakes, or agrees to cure or treat disease by a secret 24
3664-method, treatment, or medicine; 25
3665-
3666- (18) Is disciplined by a licensing or disciplinary authority or is convicted or 26
3667-disciplined by a court of any state or country or is disciplined by any branch of the United 27
3668-States uniformed services or the U.S. Department of Veterans Affairs for an act that would 28
3669-be grounds for disciplinary action under the Board’s disciplinary statutes; 29
3670-
3671- (19) Fails to meet appropriate standards for the delivery of perfusion 30
3672-services; 31
3673- 78 HOUSE BILL 232
3674-
3675-
3676- (20) Knowingly submits false statements to collect fees for which services 1
3677-are not provided; 2
3678-
3679- (21) (i) Has been subject to investigation or disciplinary action by a 3
3680-licensing or disciplinary authority or by a court of any state or country for an act that would 4
3681-be grounds for disciplinary action under the Board’s disciplinary statutes; and 5
3682-
3683- (ii) Has: 6
3684-
3685- 1. Surrendered the license, if any, issued by the state or 7
3686-country; or 8
3687-
3688- 2. Allowed the license, if any, issued by the state or country 9
3689-to expire or lapse; 10
3690-
3691- (22) Knowingly fails to report suspected child abuse in violation of § 5–704 11
3692-of the Family Law Article; 12
3693-
3694- (23) Sells, prescribes, gives away, or administers drugs for illegal or 13
3695-illegitimate medical purposes; 14
3696-
3697- (24) Practices or attempts to practice beyond the authorized scope of 15
3698-practice; 16
3699-
3700- (25) Refuses, withholds from, denies, or discriminates against an individual 17
3701-with regard to the provision of professional services for which the licensee is licensed and 18
3702-qualified to render because the individual is HIV positive; 19
3703-
3704- (26) Practices or attempts to practice a perfusion procedure or uses or 20
3705-attempts to use perfusion equipment if the applicant or licensee has not received education 21
3706-and training in the performance of the procedure or the use of the equipment; 22
3707-
3708- (27) Fails to cooperate with a lawful investigation of the Board or a 23
3709-disciplinary panel; or 24
3710-
3711- (28) Fails to complete a criminal history records check under [§ 14–308.1] § 25
3712-14–302 of this title. 26
3713-
3714-14–5E–20. 27
3715-
3716- Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 28
3717-attempt to practice, or offer to practice perfusion in this State unless licensed to practice 29
3718-perfusion by the Board. 30
3719-
3720-14–5E–21. 31
3721- HOUSE BILL 232 79
3722-
3723-
3724- (a) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 1
3725-may not represent to the public by title, by description of services, methods, or procedures, 2
3726-or otherwise, that the person is authorized to practice perfusion in this State. 3
3727-
3728- (b) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 4
3729-may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed 5
3730-clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, 6
3731-letters, or symbols with the intent to represent that the person practices perfusion, holds a 7
3732-certificate as a certified clinical perfusionist issued by the American Board of 8
3733-Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist 9
3734-issued by the Board. 10
3735-
3736-14–5E–22. 11
3737-
3738- A person may not provide, attempt to provide, offer to provide, or represent that the 12
3739-person provides perfusion services unless the perfusion is provided by an individual who is 13
3740-authorized to practice perfusion under this [subtitle] TITLE. 14
3741-
3742-14–5F–07. 15
3743-
3744- (G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 16
3745-
3746-14–5F–10. 17
3747-
3748- (a) Beginning March 1, 2016, except as otherwise provided in this [subtitle] 18
3749-TITLE, an individual shall be licensed by the Board before the individual may practice 19
3750-naturopathic medicine in the State. 20
3751-
3752- (b) This section does not apply to: 21
3753-
3754- [(1) An individual who is employed by the United States government to 22
3755-practice naturopathic medicine while practicing within the scope of that employment; 23
3756-
3757- (2)] (1) A student who is enrolled in an approved naturopathic medical 24
3758-program while the student is participating in a course of study under the supervision of a 25
3759-licensed naturopathic doctor or a licensed professional in the field of study; 26
3760-
3761- [(3)] (2) An individual who is licensed in another state to practice 27
3762-naturopathic medicine and whose practice of naturopathic medicine in the State is limited 28
3763-to examination, recommendation, or testimony in litigation; or 29
3764-
3765- [(4)] (3) A naturopathic doctor licensed by and residing in another 30
3766-jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic 31
3767-doctor in the State about a particular patient and does not direct patient care. 32
3768- 80 HOUSE BILL 232
3769-
3770-
3771- (c) The Board may not discriminate, in any manner, against any applicant or 1
3772-licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, or 2
3773-national origin. 3
3774-
3775-14–5F–11. 4
3776-
3777- (a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 5
3778-TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 6
3779-requirements of this section. 7
3780-
3781- (b) The applicant shall be of good moral character. 8
3782-
3783- (c) The] applicant shall be at least 21 years old. 9
3784-
3785- [(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 10
3786-
3787- (1) Have a doctorate in naturopathic medicine from an approved 11
3788-naturopathic medical program; and 12
3789-
3790- (2) Pass the competency –based national naturopathic licensing 13
3791-examination Part I and Part II administered by the North American Board of Naturopathic 14
3792-Examiners, or its successor agency that has been nationally recognized to administer a 15
3793-naturopathic examination that represents federal standards of education and training. 16
3794-
3795- [(e)] (C) An applicant shall be physically and mentally capable of safely 17
3796-practicing naturopathic medicine with or without reasonable accommodation. 18
3797-
3798- [(f)] (D) If an applicant is licensed, certified, or registered to practice 19
3799-naturopathic medicine or any other health occupation in another state, the applicant shall 20
3800-be in good standing with the applicable state licensing, certification, or registration 21
3801-authority. 22
3802-
3803- [(g) An applicant shall complete a criminal history records check in accordance 23
3804-with § 14–308.1 of this title.] 24
3805-
3806-14–5F–12. 25
3807-
3808- To apply for a license, an applicant shall: 26
3809-
3810- [(1) Complete a criminal history records check in accordance with § 27
3811-14–308.1 of this title; 28
3812-
3813- (2) Submit an application to the Board on a form that the Board requires; 29
3814-
3815- (3) Pay to the Board an application fee set by the Board;] 30
3816- HOUSE BILL 232 81
3817-
3818-
3819- [(4)] (1) If the applicant has been licensed, certified, or registered to 1
3820-practice naturopathic medicine in another state, submit all evidence relating to: 2
3821-
3822- (i) Any disciplinary action taken or any administrative penalties 3
3823-assessed against the applicant by the appropriate state licensing, certification, or 4
3824-registration authority; and 5
3825-
3826- (ii) Any consent agreements the applicant entered into that contain 6
3827-conditions placed on the applicant’s professional conduct and practice, including any 7
3828-voluntary surrender of a license; 8
3829-
3830- [(5)] (2) Complete and submit to the Board a Board–approved written 9
3831-attestation that: 10
3832-
3833- (i) States that the applicant has a collaboration and consultation 11
3834-agreement with a physician licensed under this article; 12
3835-
3836- (ii) Includes the name and license number of the physician with 13
3837-whom the applicant has a collaboration and consultation agreement; 14
3838-
3839- (iii) States that the applicant will refer patients to and consult with 15
3840-physicians and other health care providers licensed or certified under this article as needed; 16
3841-and 17
3842-
3843- (iv) States that the applicant will require patients to sign a consent 18
3844-form that states that the applicant’s practice of naturopathic medicine is limited to the 19
3845-scope of practice identified in § 14–5F–14 of this subtitle; and 20
3846-
3847- [(6)] (3) Inform the physician named in the attestation that the physician 21
3848-has been named. 22
3849-
3850-14–5F–15. 23
3851-
3852- [(a) (1) The term of a license issued by the Board may not exceed 3 years. 24
3853-
3854- (2) A license expires on a date set by the Board, unless the license is 25
3855-renewed as provided in this section. 26
3856-
3857- (b) At least 1 month before the license expires, the Board shall send to the licensee 27
3858-a renewal notice that states: 28
3859-
3860- (1) The date on which the current license expires; 29
3861-
3862- (2) The date by which the renewal application must be received by the 30
3863-Board for the renewal to be issued and mailed before the license expires; and 31
3864-
3865- (3) The amount of the renewal fee. 32 82 HOUSE BILL 232
3866-
3867-
3868-
3869- (c) The Board shall renew the license of a licensee who: 1
3870-
3871- (1) Submits a renewal application on the form that the Board requires; 2
3872-
3873- (2) Is of good moral character; 3
3874-
3875- (3) Pays a renewal fee set by the Board; 4
3876-
3877- (4) Is otherwise entitled to be licensed; 5
3878-
3879- (5) Meets the continuing education requirements adopted by the Board; 6
3880-and 7
3881-
3882- (6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 8
3883-REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 9
3884-evidence of biennial cardiopulmonary resuscitation certification. 10
3885-
3886- [(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 11
3887-records check in accordance with § 14–308.1 of this title for: 12
3888-
3889- (i) Renewal applicants as determined by regulations adopted by the 13
3890-Board; and 14
3891-
3892- (ii) Each former licensee who files for reinstatement under § 15
3893-14–5F–16(b) of this subtitle. 16
3894-
3895- (2) On receipt of the criminal history record information of a licensee 17
3896-forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 18
3897-disciplinary action should be taken, based on the criminal history record information, 19
3898-against a licensee who renewed or reinstated a license, the Board shall consider: 20
3899-
3900- (i) The age at which the crime was committed; 21
3901-
3902- (ii) The nature of the crime; 22
3903-
3904- (iii) The circumstances surrounding the crime; 23
3905-
3906- (iv) The length of time that has passed since the crime; 24
3907-
3908- (v) Subsequent work history; 25
3909-
3910- (vi) Employment and character references; and 26
3911-
3912- (vii) Other evidence that demonstrates whether the licensee poses a 27
3913-threat to the public health or safety. 28
3914- HOUSE BILL 232 83
3915-
3916-
3917- (3) The Board may renew or reinstate a license only if the licensee or 1
3918-applicant attests that the licensee or applicant has submitted to a criminal history records 2
3919-check under § 14–308.1 of this title. 3
3920-
3921- (e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 4
3922-education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 5
3923-for failure of a licensee to obtain the continuing education credits required by the Board.] 6
3924-
3925-14–5F–16. 7
3926-
3927- (a) [(1)] The Board may place a licensee on inactive status if the licensee 8
3928-submits to the Board: 9
3929-
3930- [(i)] (1) An application for inactive status on the form required by 10
3931-the Board; and 11
3932-
3933- [(ii)] (2) The inactive status fee set by the Board. 12
3934-
3935- [(2)] (B) The Board shall issue a license to a naturopathic doctor who is 13
3936-on inactive status if the individual is otherwise entitled to be licensed under this subtitle 14
3937-and submits to the Board: 15
3938-
3939- [(i)] (1) Satisfactory evidence of compliance with the requirements 16
3940-of [§ 14–308.1] § 14–302 of this title; 17
3941-
3942- [(ii)] (2) Satisfactory evidence of compliance with the continuing 18
3943-education requirements the Board adopts for this purpose; and 19
3944-
3945- [(iii)] (3) A reinstatement fee set by the Board. 20
3946-
3947- [(b) The Board shall reinstate the license of a naturopathic doctor who has failed 21
3948-to renew the license for any reason if the naturopathic doctor: 22
3949-
3950- (1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 23
3951-
3952- (2) Pays to the Board a reinstatement fee set by the Board; and 24
3953-
3954- (3) Submits to the Board satisfactory evidence of compliance with the 25
3955-qualifications and requirements adopted by the Board under this subtitle for license 26
3956-reinstatements.] 27
3957-
3958-14–5F–18. 28
3959-
3960- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 29
3961-on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 30 84 HOUSE BILL 232
3962-
3963-
3964-license to any applicant,] reprimand any licensee, place any licensee on probation, or 1
3965-suspend or revoke a license of any licensee if the [applicant or] licensee: 2
3966-
3967- (1) Is habitually intoxicated, or is addicted to or habitually abuses any 3
3968-narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 4
3969-Article, or any drug without a valid prescription or indication, or provides professional 5
3970-services while under the influence of alcohol or using any narcotic or controlled dangerous 6
3971-substance, as defined in § 5–101 of the Criminal Law Article; 7
3972-
3973- (2) Has been found to be mentally [incompetent] UNABLE TO CARRY OUT 8
3974-IMPORTANT PROFESSION AL ACTIVITIES by a physician if [the mental incompetence 9
3975-impairs the ability of the applicant or licensee to] THE LICENSEE’S ABILITY TO undertake 10
3976-the practice of naturopathic medicine in a manner consistent with the safety of the public 11
3977-IS IMPAIRED; 12
3978-
3979- (3) Has entered into a consent agreement with or has been assessed an 13
3980-administrative penalty by a licensing authority in another state; 14
3981-
3982- (4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 15
3983-license for [the applicant,] the licensee[,] or another; 16
3984-
3985- (5) Has a license revoked or suspended, or was otherwise acted against, 17
3986-including the denial of licensure, by the licensing authority of another state; 18
3987-
3988- (6) Uses false, deceptive, or misleading advertising; 19
3989-
3990- (7) Advertises, practices, or attempts to practice under a name other than 20
3991-the [applicant’s or] licensee’s own name; 21
3992-
3993- (8) Aids, assists, employs, or advises any unlicensed individual to practice 22
3994-naturopathic medicine in violation of this subtitle; 23
3995-
3996- (9) Willfully makes or files a false report or record in the practice of 24
3997-naturopathic medicine; 25
3998-
3999- (10) Willfully or negligently fails to file a report or record as required by law, 26
4000-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 27
4001-to file or record a report; 28
4002-
4003- (11) Pays or receives any commission, bonus, kickback, or rebate, or engages 29
4004-in any split–fee arrangement in any form with a licensed physician, organization, agency, 30
4005-or other person, either directly or indirectly, for patients referred to health care providers; 31
4006-
4007- (12) Exercises influence within a patient–doctor relationship for purposes of 32
4008-engaging a patient in sexual activity; 33
4009- HOUSE BILL 232 85
4010-
4011-
4012- (13) Engages in sexual misconduct with a patient; 1
4013-
4014- (14) Fails to keep written medical records justifying the course of treatment 2
4015-of a patient; 3
4016-
4017- (15) Engages in an act or omission that does not meet generally accepted 4
4018-standards of practice of naturopathic medicine or of safe care of patients, whether or not 5
4019-actual injury to a patient is established; 6
4020-
4021- (16) Delegates professional responsibilities to an individual when the 7
4022-licensee delegating the responsibilities knows or has reason to know that the individual is 8
4023-not qualified by training, experience, or licensure to perform the responsibilities; 9
4024-
4025- (17) Promotes the sale of services, drugs, devices, appliances, or goods to a 10
4026-patient so as to exploit the patient for financial gain; 11
4027-
4028- (18) Breaches patient confidentiality; 12
4029-
4030- (19) Is guilty of unprofessional or immoral conduct in the practice of 13
4031-naturopathic medicine; 14
4032-
4033- (20) Offers, undertakes, or agrees to cure or treat a disease by a secret 15
4034-method, treatment, or medicine; 16
4035-
4036- (21) Knowingly fails to report suspected child abuse in violation of § 5–704 17
4037-of the Family Law Article; 18
4038-
4039- (22) Sells, prescribes, gives away, or administers drugs for illegal or 19
4040-illegitimate purposes; 20
4041-
4042- (23) Denies or discriminates against an individual with regard to the 21
4043-provision of professional services for which the licensee is licensed and qualified to render 22
4044-because the individual is HIV positive; 23
4045-
4046- (24) Fails to cooperate with a lawful investigation of the Board; 24
4047-
4048- (25) Abandons a patient; 25
4049-
4050- (26) Violates any provision of this title or any regulation adopted by the 26
4051-Board; or 27
4052-
4053- (27) Fails to complete a criminal history records check under [§ 14–308.1] § 28
4054-14–302 of this title. 29
4055-
4056-14–5F–21. 30
4057- 86 HOUSE BILL 232
4058-
4059-
4060- [(a) The Board shall give notice and hold a hearing in accordance with the 1
4061-Administrative Procedure Act. 2
4062-
4063- (b) The individual may be represented at the hearing by counsel. 3
4064-
4065- (c) Over the signature of an officer or the administrator of the Board, the Board 4
4066-or a disciplinary panel may issue subpoenas and administer oaths in connection with any 5
4067-investigation under this subtitle and any hearings or proceedings before the Board or a 6
4068-disciplinary panel. 7
4069-
4070- (d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 8
4071-disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 9
4072-testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 10
4073-may punish the person as for contempt of court. 11
4074-
4075- (e) If, after due notice, the individual against whom the action is contemplated 12
4076-fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 13
4077-matter. 14
4078-
4079- (f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 15
4080-PROCEDURE ACT , an individual is found in violation of § 14–5F–18 of this subtitle, the 16
4081-individual shall pay the costs of the hearing as specified in a regulation adopted by the 17
4082-Board. 18
4083-
4084-14–5F–24. 19
4085-
4086- (c) A disciplinary panel may not reinstate a surrendered or revoked license that 20
4087-has been surrendered or revoked for a period of more than 1 year unless the licensee: 21
4088-
4089- (1) Meets the requirements for reinstatement as established under this 22
4090-title; and 23
4091-
4092- (2) Completes a criminal history records check in accordance with [§ 24
4093-14–308.1] § 14–302 of this title. 25
4094-
4095-14–5F–29. 26
4096-
4097- (a) Except as otherwise provided in this [subtitle] TITLE, an individual may not 27
4098-practice, attempt to practice, or offer to practice naturopathic medicine in this State without 28
4099-a license. 29
4100-
4101-14–5G–08. 30
4102-
4103- (a) Except as otherwise provided in this [subtitle] TITLE, on or after January 1, 31
4104-2024, an individual shall be licensed by the Board before the individual may practice 32
4105-genetic counseling in the State. 33 HOUSE BILL 232 87
4106-
4107-
4108-
4109- (b) This section does not apply to: 1
4110-
4111- [(1) An individual who is employed by the United States government to 2
4112-practice genetic counseling while practicing within the scope of that employment;] 3
4113-
4114- [(2)] (1) An individual who resides in and holds an active license in 4
4115-another state if the individual is engaged in consultation with a physician or genetic 5
4116-counselor licensed in the State about a particular patient and the individual: 6
4117-
4118- (i) Does not order or coordinate genetic laboratory tests or other 7
4119-diagnostic studies; and 8
4120-
4121- (ii) Does not provide consultation in the State for more than a total 9
4122-of 10 patients within a calendar year; or 10
4123-
4124- [(3)] (2) A student enrolled in a genetic counseling training program that 11
4125-is accredited by a national accrediting organization recognized by the Board in regulations 12
4126-while the student is practicing genetic counseling in the program and doing the assigned 13
4127-duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar 14
4128-facility. 15
4129-
4130-14–5G–09. 16
4131-
4132- (a) To qualify for a license to practice genetic counseling, an applicant shall be an 17
4133-individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 18
4134-
4135- (b) [The applicant must be of good moral character. 19
4136-
4137- (c) The applicant must be at least 18 years old. 20
4138-
4139- (d)] The applicant must be a graduate of an appropriate education program 21
4140-approved by the Board. 22
4141-
4142- [(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 23
4143-shall submit to the Board satisfactory evidence of certification by a national certifying 24
4144-organization approved by the Board. 25
4145-
4146- [(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 26
4147-(C) of this section, the applicant may qualify for licensure if the applicant: 27
4148-
4149- (1) Has worked as a genetic counselor for: 28
4150-
4151- (i) At least 10 years before January 1, 2024; and 29
4152- 88 HOUSE BILL 232
4153-
4154-
4155- (ii) At least 5 consecutive years immediately preceding the date on 1
4156-which the applicant submits the application for licensure; 2
4157-
4158- (2) Has graduated from an education program approved by the Board; 3
4159-
4160- (3) Submits to the Board three letters of recommendation from licensed 4
4161-physicians who have been licensed for at least 5 years or certified genetic counselors eligible 5
4162-for licensure and who: 6
4163-
4164- (i) Have worked with the applicant in an employment or 7
4165-professional setting for 3 years before the applicant submits the application for licensure; 8
4166-and 9
4167-
4168- (ii) Can attest to the applicant’s competency in providing genetic 10
4169-counseling services; and 11
4170-
4171- (4) Applies for initial licensure on or before December 31, 2024. 12
4172-
4173- [(g) The applicant shall complete a criminal history records check in accordance 13
4174-with § 14–308.1 of this title.] 14
4175-
4176- [(h)] (E) The applicant shall meet any additional education, training, or 15
4177-examination requirements established by the Board. 16
4178-
4179-14–5G–14. 17
4180-
4181- (h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 18
4182-14–5G–18 of this subtitle to the same extent as a genetic counselor. 19
4183-
4184-14–5G–17. 20
4185-
4186- A disciplinary panel may issue a cease and desist order for[: 21
4187-
4188- (1) Practicing genetic counseling without a license or with an unauthorized 22
4189-person; or 23
4190-
4191- (2) Supervising] SUPERVISING or aiding an unauthorized person in the 24
4192-practice of genetic counseling. 25
4193-
4194-14–5G–18. 26
4195-
4196- (a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 27
4197-on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 28
4198-license to any applicant,] reprimand any licensee, place any licensee on probation, or 29
4199-suspend or revoke a license, if the [applicant or] licensee: 30
4200- HOUSE BILL 232 89
4201-
4202-
4203- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
4204-the applicant or licensee or for another; 2
4205-
4206- (2) Fraudulently or deceptively uses a license; 3
4207-
4208- (3) Is guilty of unprofessional or immoral conduct while practicing genetic 4
4209-counseling; 5
4210-
4211- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 6
4212-CARRY OUT IMPORTAN T PROFESSIONAL ACTIV ITIES; 7
4213-
4214- (5) Abandons a patient; 8
4215-
4216- (6) Is habitually intoxicated; 9
4217-
4218- (7) Is addicted to or habitually abuses any narcotic or controlled dangerous 10
4219-substance as defined in § 5–101 of the Criminal Law Article; 11
4220-
4221- (8) Provides professional services while: 12
4222-
4223- (i) Under the influence of alcohol; or 13
4224-
4225- (ii) Using any narcotic or controlled dangerous substance as defined 14
4226-in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 15
4227-amounts or without valid medical indication; 16
4228-
4229- (9) Promotes the sale of services, drugs, devices, appliances, or goods to a 17
4230-patient so as to exploit the patient for financial gain; 18
4231-
4232- (10) Willfully makes or files a false report or record in the practice of genetic 19
4233-counseling; 20
4234-
4235- (11) Willfully fails to file or record any report as required under law, 21
4236-willfully impedes or obstructs the filing or recording of a report, or induces another to fail 22
4237-to file or record a report; 23
4238-
4239- (12) Breaches patient confidentiality; 24
4240-
4241- (13) Pays or agrees to pay any sum or provide any form of remuneration or 25
4242-material benefit to any person for bringing or referring a patient or accepts or agrees to 26
4243-accept any sum or any form of remuneration or material benefit from an individual for 27
4244-bringing or referring a patient; 28
4245-
4246- (14) Knowingly makes a misrepresentation while practicing genetic 29
4247-counseling; 30
4248- 90 HOUSE BILL 232
4249-
4250-
4251- (15) Knowingly practices genetic counseling with an unauthorized 1
4252-individual or aids an unauthorized individual in practicing genetic counseling; 2
4253-
4254- (16) Knowingly delegates a genetic counseling duty to an unlicensed 3
4255-individual; 4
4256-
4257- (17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 5
4258-OVERUTILIZATION OF health care services; 6
4259-
4260- (18) Offers, undertakes, or agrees to cure or treat disease by a secret 7
4261-method, treatment, or medicine; 8
4262-
4263- (19) Is disciplined by a licensing or disciplinary authority or is convicted or 9
4264-disciplined by a court of any state or country or is disciplined by any branch of the United 10
4265-States uniformed services or the U.S. Department of Veterans Affairs for an act that would 11
4266-be grounds for disciplinary action under the Board’s disciplinary statutes; 12
4267-
4268- (20) Fails to meet appropriate standards for the delivery of genetic 13
4269-counseling services; 14
4270-
4271- (21) Knowingly submits false statements to collect fees for which services 15
4272-are not provided; 16
4273-
4274- (22) (i) Has been subject to investigation or disciplinary action by a 17
4275-licensing or disciplinary authority or by a court of any state or country for an act that would 18
4276-be grounds for disciplinary action under the Board’s disciplinary statutes; and 19
4277-
4278- (ii) Has: 20
4279-
4280- 1. Surrendered the license, if any, issued by the state or 21
4281-country; or 22
4282-
4283- 2. Allowed the license, if any, issued by the state or country 23
4284-to expire or lapse; 24
4285-
4286- (23) Knowingly fails to report suspected child abuse in violation of § 5–704 25
4287-of the Family Law Article; 26
4288-
4289- (24) Practices or attempts to practice beyond the authorized scope of 27
4290-practice; 28
4291-
4292- (25) Refuses, withholds from, denies, or discriminates against an individual 29
4293-with regard to the provision of professional services for which the licensee is licensed and 30
4294-qualified to render because the individual is HIV positive; 31
4295-
4296- (26) Practices or attempts to practice genetic counseling procedures or uses 32
4297-or attempts to use genetic assessments if the applicant or licensee has not received 33 HOUSE BILL 232 91
4298-
4299-
4300-education and training in the performance of the procedure or the use of the genetic 1
4301-assessment; 2
4302-
4303- (27) Fails to cooperate with a lawful investigation of the Board or a 3
4304-disciplinary panel; 4
4305-
4306- (28) Fails to complete a criminal history records check under [§ 14–308.1] § 5
4307-14–302 of this title; or 6
4308-
4309- (29) Violates any provision of this title or any rule or regulation pertaining 7
4310-to genetic counseling that is adopted by the Board, the State, or the federal government. 8
4311-
4312-14–5G–23. 9
4313-
4314- Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 10
4315-attempt to practice, or offer to practice genetic counseling in this State unless licensed to 11
4316-practice genetic counseling by the Board. 12
4317-
4318-14–5G–24. 13
4319-
4320- (a) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 14
4321-a person may not represent to the public by title, by description of services, methods, or 15
4322-procedures, or otherwise, that the person is authorized to practice genetic counseling in this 16
4323-State. 17
4324-
4325- (b) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 18
4326-a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified 19
4327-genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, 20
4328-letters, or symbols with the intent to imply that the person practices genetic counseling or 21
4329-is a certified genetic counselor or licensed genetic counselor. 22
4330-
4331-14–5G–25. 23
4332-
4333- A person may not provide, attempt to provide, offer to provide, or represent that the 24
4334-person provides genetic counseling services unless the genetic counseling is provided by an 25
4335-individual who is authorized to practice genetic counseling under this [subtitle] TITLE. 26
4336-
4337-14–5G–26. 27
4338-
4339- (a) Except as otherwise provided in this [subtitle] TITLE, a licensed genetic 28
4340-counselor or a licensed physician may not employ or supervise an individual practicing 29
4341-genetic counseling without a license. 30
4342-
4343- (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 31
4344-institution, alternative health system, or employer may not employ an individual practicing 32
4345-genetic counseling without a license. 33 92 HOUSE BILL 232
4346-
4347-
4348-
4349-SUBTITLE 5H. PHYSICIAN ASSISTANTS. 1
4350-
4351-14–5H–01. 2
4352-
4353- (a) In this [title] SUBTITLE the following words have the meanings indicated. 3
4354-
4355- [(d) “Board” means the State Board of Physicians, established under § 14–201 of 4
4356-this article.] 5
4357-
4358- [(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 6
4359-
4360- [(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 7
4361-of the Criminal Law Article. 8
4362-
4363- [(g)] (F) “Correctional facility” includes a State or local correctional facility. 9
4364-
4365- [(h)] (G) “Delegated medical acts” means activities that constitute the practice 10
4366-of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 11
4367-
4368- [(i)] (H) “Delegation agreement” means a document that is executed by a 12
4369-primary supervising physician and a physician assistant containing the requirements of [§ 13
4370-15–302] § 14–5H–08 of this [title] SUBTITLE. 14
4371-
4372- [(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 15
4373-under § 14–401 of this article.] 16
4374-
4375- [(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 17
4376-article. 18
4377-
4378- [(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 19
4379-promote the sale of the drug and is not intended for sale. 20
4380-
4381- [(l)] (K) “Hospital” means: 21
4382-
4383- (1) A hospital as defined under § 19–301 of the Health – General Article; 22
4384-
4385- (2) A comprehensive care facility that: 23
4386-
4387- (i) Meets the requirements of a hospital–based skilled nursing 24
4388-facility under federal law; and 25
4389-
4390- (ii) Offers acute care in the same building; and 26
4391- HOUSE BILL 232 93
4392-
4393-
4394- (3) An emergency room that is physically connected to a hospital or a 1
4395-freestanding medical facility that is licensed under Title 19, Subtitle 3A of the 2
4396-Health – General Article. 3
4397-
4398- [(m)] (L) “License” means a license issued by the Board to a physician assistant 4
4399-under this title. 5
4400-
4401- [(n)] (M) “National certifying examination” means the Physician Assistant 6
4402-National Certifying Examination administered by the National Commission on 7
4403-Certification of Physician Assistants or its successor. 8
4404-
4405- [(o)] (N) “Physician assistant” means an individual who is licensed under this 9
4406-title to practice medicine with physician supervision. 10
4407-
4408- [(p)] (O) “Practice as a physician assistant” means the performance of medical 11
4409-acts that are: 12
4410-
4411- (1) Delegated by a supervising physician to a physician assistant; 13
4412-
4413- (2) Within the supervising physician’s scope of practice; and 14
4414-
4415- (3) Appropriate to the physician assistant’s education, training, and 15
4416-experience. 16
4417-
4418- [(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 17
4419-alternate supervising physician to a physician assistant to: 18
4420-
4421- (1) Prescribe and administer controlled dangerous substances, prescription 19
4422-drugs, medical devices, and the oral, written, or electronic ordering of medications; and 20
4423-
4424- (2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 21
4425-14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 22
4426-
4427- [(r)] (Q) “Primary supervising physician” means a physician who: 23
4428-
4429- (1) Completes a delegation agreement that meets the requirements under 24
4430-[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 25
4431-SUBTITLE and files a copy with the Board; 26
4432-
4433- (2) Acts as the physician responsible to ensure that a physician assistant 27
4434-practices medicine in accordance with this title and the regulations adopted under this title; 28
4435-
4436- (3) Ensures that a physician assistant practices within the scope of practice 29
4437-of the primary supervising physician or any designated alternate supervising physician; 30
4438-and 31
4439- 94 HOUSE BILL 232
4440-
4441-
4442- (4) Ensures that a list of alternate supervising physicians is maintained at 1
4443-the practice setting. 2
4444-
4445- [(s)] (R) “Public health facility” means a site where clinical public health 3
4446-services are rendered under the auspices of the Department, a local health department in 4
4447-a county, or the Baltimore City Health Department. 5
4448-
4449- [(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 6
4450-
4451- (1) Of short duration of 72 hours or less; or 7
4452-
4453- (2) Prior to obtaining a larger quantity of the drug to complete therapy. 8
4454-
4455- [(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 9
4456-on–site supervision or immediately available direction for physician assistants performing 10
4457-delegated medical acts. 11
4458-
4459- (2) “Supervision” includes physician oversight of and acceptance of direct 12
4460-responsibility for the patient services and care rendered by a physician assistant, including 13
4461-continuous availability to the physician assistant in person, through written instructions, 14
4462-or by electronic means and by designation of one or more alternate supervising physicians. 15
4463-
4464-14–5H–02. 16
4465-
4466- [(a)] A physician assistant may not practice within the scope of practice of any of 17
4467-the following health occupations authorized under this article: 18
4468-
4469- (1) Nursing; 19
4470-
4471- (2) Optometry; 20
4472-
4473- (3) Physical therapy; or 21
4474-
4475- (4) Psychology. 22
4476-
4477- [(b) This title does not limit the right of an individual to practice a health 23
4478-occupation that the individual is authorized to practice under this article.] 24
4479-
4480-14–5H–03. 25
4481-
4482- (c) Except as otherwise provided under subsections (b) and (d) of this section, a 26
4483-hospital, a related institution, an alternative health care system, or an employer of a 27
4484-physician assistant shall report to the Board any limitation, reduction, or other change of 28
4485-the terms of employment of the physician assistant or any termination of employment of 29
4486-the physician assistant for any reason that might be grounds for disciplinary action under 30
4487-[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 31 HOUSE BILL 232 95
4488-
4489-
4490-
4491- (d) A hospital, related institution, alternative health care system, or employer 1
4492-that has reason to know that a physician assistant has committed an action or has a 2
4493-condition that might be grounds for reprimand or probation of the physician assistant or 3
4494-suspension or revocation of the license of the physician assistant under [§ 15–314] § 4
4495-14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 5
4496-drug–impaired is not required to report to the Board if: 6
4497-
4498- (1) The hospital, related institution, alternative health care system, or 7
4499-employer knows that the physician assistant is: 8
4500-
4501- (i) In an alcohol or drug treatment program that is accredited by the 9
4502-Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 10
4503-Department; or 11
4504-
4505- (ii) Under the care of a health care practitioner who is competent 12
4506-and capable of dealing with alcoholism and drug abuse; 13
4507-
4508- (2) The hospital, related institution, alternative health care system, or 14
4509-employer is able to verify that the physician assistant remains in the treatment program 15
4510-until discharge; and 16
4511-
4512- (3) The action or condition of the physician assistant has not caused injury 17
4513-to any person while the physician assistant is practicing as a licensed physician assistant. 18
4514-
4515- (e) (1) If the physician assistant enters, or is considering entering, an alcohol 19
4516-or drug treatment program that is accredited by the Joint Commission [on Accreditation of 20
4517-Healthcare Organizations] or that is certified by the Department, the physician assistant 21
4518-shall notify the hospital, related institution, alternative health care system, or employer of 22
4519-the physician assistant’s decision to enter the treatment program. 23
4520-
4521-14–5H–06. 24
4522-
4523- (a) In addition to the powers set forth elsewhere in this title, the Committee, on 25
4524-its initiative or on the Board’s request, may: 26
4525-
4526- (1) Recommend to the Board regulations for carrying out the provisions of 27
4527-this title; 28
4528-
4529- (2) Recommend to the Board approval, modification, or disapproval of an 29
4530-application for licensure or a delegation agreement; 30
4531-
4532- (3) Report to the Board any conduct of a supervising physician or a 31
4533-physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 32
4534-or under [§ 14–404 of this article] § 14–516 OF THIS TITLE; and 33
4535- 96 HOUSE BILL 232
4536-
4537-
4538- (4) Report to the Board any alleged unauthorized practice of a physician 1
4539-assistant. 2
4540-
4541-14–5H–07. 3
4542-
4543- (c) Patient services that may be provided by a physician assistant include: 4
4544-
4545- (1) (i) Taking complete, detailed, and accurate patient histories; and 5
4546-
4547- (ii) Reviewing patient records to develop comprehensive medical 6
4548-status reports; 7
4549-
4550- (2) Performing physical examinations and recording all pertinent patient 8
4551-data; 9
4552-
4553- (3) Interpreting and evaluating patient data as authorized by the primary 10
4554-or alternate supervising physician for the purpose of determining management and 11
4555-treatment of patients; 12
4556-
4557- (4) Initiating requests for or performing diagnostic procedures as indicated 13
4558-by pertinent data and as authorized by the supervising physician; 14
4559-
4560- (5) Providing instructions and guidance regarding medical care matters to 15
4561-patients; 16
4562-
4563- (6) Assisting the primary or alternate supervising physician in the delivery 17
4564-of services to patients who require medical care in the home and in health care institutions, 18
4565-including: 19
4566-
4567- (i) Recording patient progress notes; 20
4568-
4569- (ii) Issuing diagnostic orders; and 21
4570-
4571- (iii) Transcribing or executing specific orders at the direction of the 22
4572-primary or alternate supervising physician; and 23
4573-
4574- (7) Exercising prescriptive authority under a delegation agreement and in 24
4575-accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 25
4576-
4577- (f) (1) Except as provided in [subsection (g) of this section, the following 26
4578-individuals may practice as a physician assistant without a license: 27
4579-
4580- (1) A] PARAGRAPH (2) OF THIS SUBSECTION , A physician assistant 28
4581-student enrolled in a physician assistant educational program that is accredited by the 29
4582-Accreditation Review Commission on Education for the Physician Assistant or its successor 30
4583-and approved by the Board[; or 31
4584- HOUSE BILL 232 97
4585-
4586-
4587- (2) A physician assistant employed in the service of the federal government 1
4588-while performing duties incident to that employment] MAY PRACTICE AS A PH YSICIAN 2
4589-ASSISTANT WITHOUT A LICENSE. 3
4590-
4591- [(g)] (2) A physician may not delegate prescriptive authority to a physician 4
4592-assistant student in a training program that is accredited by the Accreditation Review 5
4593-Commission on Education for the Physician Assistant or its successor. 6
4594-
4595- [(h)] (G) (1) If a medical act that is to be delegated under this section is a part 7
4596-of the practice of a health occupation that is regulated under this article by another board, 8
4597-any rule or regulation concerning that medical act shall be adopted jointly by the State 9
4598-Board of Physicians and the board that regulates the other health occupation. 10
4599-
4600- (2) If the two boards cannot agree on a proposed rule or regulation, the 11
4601-proposal shall be submitted to the Secretary for a final decision. 12
4602-
4603-14–5H–08. 13
4604-
4605- (c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 14
4606-authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 15
4607-the physician delegating the duties, a primary supervising physician shall obtain the 16
4608-Board’s approval of a delegation agreement that includes advanced duties in accordance 17
4609-with subsubparagraph 2 of this subparagraph. 18
4610-
4611- (g) If the Board determines that a primary or alternate supervising physician or 19
4612-physician assistant is practicing in a manner inconsistent with the requirements of this 20
4613-title [or Title 14 of this article], the Board on its own initiative or on the recommendation 21
4614-of the Committee may demand modification of the practice, withdraw the approval of the 22
4615-delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 23
4616-other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 24
4617-OR § 14–516 of this [article] TITLE. 25
4618-
4619- (k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 26
4620-14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 27
4621-agreement filed with the Board under this subtitle at any time. 28
4622-
4623- (l) (2) If there is no designated alternate supervising physician or the 29
4624-designated alternate supervising physician does not agree to supervise the physician 30
4625-assistant, the physician assistant may not practice until the physician assistant receives 31
4626-approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 32
4627-
4628- (m) A physician assistant whose delegation agreement is terminated may not 33
4629-practice as a physician assistant until the physician assistant receives preliminary 34
4630-approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 35
4631-
4632-14–5H–09. 36 98 HOUSE BILL 232
4633-
4634-
4635-
4636- (a) If a delegation agreement does not include advanced duties or the advanced 1
4637-duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 2
4638-physician assistant may assume the duties under a delegation agreement on the date that 3
4639-the Board acknowledges receipt of the completed delegation agreement. 4
4640-
4641- (b) In this section, “pending” means that a delegation agreement that includes 5
4642-delegation of advanced duties in a setting that does not meet the requirements under [§ 6
4643-15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 7
4644-Board for its approval, but: 8
4645-
4646- (1) The Committee has not made a recommendation to the Board; or 9
4647-
4648- (2) The Board has not made a final decision regarding the delegation 10
4649-agreement. 11
4650-
4651-14–5H–10. 12
4652-
4653- (e) Before a physician assistant may renew a license for an additional 2–year 13
4654-term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 14
4655-submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 15
4656-education within the previous 2 years. 16
4657-
4658-14–5H–12. 17
4659-
4660- (a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 18
4661-TITLE, TO qualify for a license, an applicant shall: 19
4662-
4663- [(1) Complete a criminal history records check in accordance with § 20
4664-14–308.1 of this article; 21
4665-
4666- (2) Be of good moral character; 22
4667-
4668- (3) Demonstrate oral and written competency in the English language as 23
4669-required by the Board; 24
4670-
4671- (4) Be at least 18 years old; and 25
4672-
4673- (5) (i)] (1) Be a graduate of a physician assistant training program 26
4674-approved by the Board; or 27
4675-
4676- [(ii)] (2) Have passed the physician assistant national certifying 28
4677-examination administered by the National Commission on Certification of Physician 29
4678-Assistants prior to 1986, maintained all continuing education and recertification 30
4679-requirements, and been in continuous practice since passage of the examination. 31
4680- HOUSE BILL 232 99
4681-
4682-
4683-14–5H–14. 1
4684-
4685- [(a)] Each licensee shall keep a license and delegation agreement for inspection at 2
4686-the primary place of business of the licensee. 3
4687-
4688- [(b) (1) Each licensee shall give the Board written notice of any change of name 4
4689-or address within 60 days of the date of the change. 5
4690-
4691- (2) A licensee who fails to comply with this subsection is subject to an 6
4692-administrative penalty of $100.] 7
4693-
4694-14–5H–15. 8
4695-
4696- (a) [(1)] Except as otherwise provided under § 10–226 of the State Government 9
4697-Article, before the Board takes any action to reject or modify a delegation agreement or 10
4698-advanced duty, the Board shall give the licensee the opportunity for a hearing before the 11
4699-Board. 12
4700-
4701- [(2)] (B) The Board shall give notice and hold the hearing under Title 10, 13
4702-Subtitle 2 of the State Government Article. 14
4703-
4704- [(3)] (C) The Board may administer oaths in connection with any 15
4705-proceeding under this section. 16
4706-
4707- [(4)] (D) At least 14 days before the hearing, the hearing notice shall be 17
4708-sent to the last known address of the applicant or licensee. 18
4709-
4710- [(b) Any licensee aggrieved under this subtitle by a final decision of the Board 19
4711-rejecting or modifying a delegation agreement or advanced duty may petition for judicial 20
4712-review as allowed by the Administrative Procedure Act.] 21
4713-
4714-14–5H–16. 22
4715-
4716- (a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 23
4717-TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 24
4718-reprimand any physician assistant, place any physician assistant on probation, or suspend 25
4719-or revoke a license if the physician assistant: 26
4720-
4721- (1) Fraudulently or deceptively obtains or attempts to obtain a license for 27
4722-the applicant or licensee or for another; 28
4723-
4724- (2) Fraudulently or deceptively uses a license; 29
4725-
4726- (3) Is guilty of: 30
4727-
4728- (i) Immoral conduct in the practice of medicine; or 31 100 HOUSE BILL 232
4729-
4730-
4731-
4732- (ii) Unprofessional conduct in the practice of medicine; 1
4733-
4734- (4) Is professionally, physically, or mentally [incompetent] UNABLE TO 2
4735-CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 3
4736-
4737- (5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 4
4738-[article] SUBTITLE; 5
4739-
4740- (6) Abandons a patient; 6
4741-
4742- (7) Habitually is intoxicated; 7
4743-
4744- (8) Is addicted to, or habitually abuses, any narcotic or controlled 8
4745-dangerous substance as defined in § 5–101 of the Criminal Law Article; 9
4746-
4747- (9) Provides professional services: 10
4748-
4749- (i) While under the influence of alcohol; or 11
4750-
4751- (ii) While using any narcotic or controlled dangerous substance, as 12
4752-defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 13
4753-amounts or without valid medical indication; 14
4754-
4755- (10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 15
4756-as to exploit the patient for financial gain; 16
4757-
4758- (11) Willfully makes or files a false report or record in the practice of 17
4759-medicine; 18
4760-
4761- (12) Willfully fails to file or record any medical report as required under law, 19
4762-willfully impedes or obstructs the filing or recording of the report, or induces another to fail 20
4763-to file or record the report; 21
4764-
4765- (13) On proper request, and in accordance with the provisions of Title 4, 22
4766-Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 23
4767-record to the patient, another physician, or hospital; 24
4768-
4769- (14) Solicits professional patronage through an agent or other person or 25
4770-profits from the acts of a person who is represented as an agent of the physician; 26
4771-
4772- (15) Pays or agrees to pay any sum to any person for bringing or referring a 27
4773-patient or accepts or agrees to accept any sum from any person for bringing or referring a 28
4774-patient; 29
4775- HOUSE BILL 232 101
4776-
4777-
4778- (16) Agrees with a clinical or bioanalytical laboratory to make payments to 1
4779-the laboratory for a test or test series for a patient, unless the licensed physician assistant 2
4780-discloses on the bill to the patient or third–party payor: 3
4781-
4782- (i) The name of the laboratory; 4
4783-
4784- (ii) The amount paid to the laboratory for the test or test series; and 5
4785-
4786- (iii) The amount of procurement or processing charge of the licensed 6
4787-physician, if any, for each specimen taken; 7
4788-
4789- (17) Makes a willful misrepresentation in treatment; 8
4790-
4791- (18) Practices medicine with an unauthorized person or aids an 9
4792-unauthorized person in the practice of medicine; 10
4793-
4794- (19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 11
4795-OVERUTILIZATION OF health care services; 12
4796-
4797- (20) Offers, undertakes, or agrees to cure or treat disease by a secret 13
4798-method, treatment, or medicine; 14
4799-
4800- (21) Is disciplined by a licensing or disciplinary authority or convicted or 15
4801-disciplined by a court of any state or country or disciplined by any branch of the United 16
4802-States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 17
4803-VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 18
4804-section; 19
4805-
4806- (22) Fails to meet appropriate standards for the delivery of quality medical 20
4807-and surgical care performed in an outpatient surgical facility, office, hospital, or any other 21
4808-location in this State; 22
4809-
4810- (23) Willfully submits false statements to collect fees for which services are 23
4811-not provided; 24
4812-
4813- (24) Was subject to investigation or disciplinary action by a licensing or 25
4814-disciplinary authority or by a court of any state or country for an act that would be grounds 26
4815-for disciplinary action under this section and the licensee state or country; or: 27
4816-
4817- (i) Surrendered the license issued by the state or country to the 28
4818-state or country; or 29
4819-
4820- (ii) Allowed the license issued by the state or country to expire or 30
4821-lapse; 31
4822-
4823- (25) Knowingly fails to report suspected child abuse in violation of § 5–704 32
4824-of the Family Law Article; 33 102 HOUSE BILL 232
4825-
4826-
4827-
4828- (26) Fails to educate a patient being treated for breast cancer of alternative 1
4829-methods of treatment as required by § 20–113 of the Health – General Article; 2
4830-
4831- (27) Sells, prescribes, gives away, or administers drugs for illegal or 3
4832-illegitimate medical purposes; 4
4833-
4834- (28) Fails to comply with the provisions of § 12–102 of this article; 5
4835-
4836- (29) Refuses, withholds from, denies, or discriminates against an individual 6
4837-with regard to the provision of professional services for which the physician assistant is 7
4838-licensed and qualified to render because the individual is HIV positive; 8
4839-
4840- (30) Except as to an association that has remained in continuous existence 9
4841-since July 1, 1963: 10
4842-
4843- (i) Associates with a pharmacist as a partner or co–owner of a 11
4844-pharmacy for the purpose of operating a pharmacy; 12
4845-
4846- (ii) Employs a pharmacist for the purpose of operating a pharmacy; 13
4847-or 14
4848-
4849- (iii) Contracts with a pharmacist for the purpose of operating a 15
4850-pharmacy; 16
4851-
4852- (31) Except in an emergency life–threatening situation where it is not 17
4853-feasible or practicable, fails to comply with the Centers for Disease Control and 18
4854-Prevention’s guidelines on universal precautions; 19
4855-
4856- (32) Fails to display the notice required under [§ 14–415] § 14–519 of this 20
4857-[article] TITLE; 21
4858-
4859- (33) Fails to cooperate with a lawful investigation conducted by the Board 22
4860-or a disciplinary panel; 23
4861-
4862- (34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 24
4863-Article; 25
4864-
4865- (35) Is in breach of a service obligation resulting from the applicant’s or 26
4866-licensee’s receipt of State or federal funding for the physician assistant’s medical education; 27
4867-
4868- (36) Willfully makes a false representation when seeking or making 28
4869-application for licensure or any other application related to the practice of medicine; 29
4870-
4871- (37) By corrupt means, threats, or force, intimidates or influences, or 30
4872-attempts to intimidate or influence, for the purpose of causing any person to withhold or 31 HOUSE BILL 232 103
4873-
4874-
4875-change testimony in hearings or proceedings before the Board or a disciplinary panel or 1
4876-those otherwise delegated to the Office of Administrative Hearings; 2
4877-
4878- (38) By corrupt means, threats, or force, hinders, prevents, or otherwise 3
4879-delays any person from making information available to the Board or a disciplinary panel 4
4880-in furtherance of any investigation of the Board or a disciplinary panel; 5
4881-
4882- (39) Intentionally misrepresents credentials for the purpose of testifying or 6
4883-rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 7
4884-panel or those otherwise delegated to the Office of Administrative Hearings; 8
4885-
4886- (40) Fails to keep adequate medical records; 9
4887-
4888- (41) Performs delegated medical acts beyond the scope of the delegation 10
4889-agreement filed with the Board or after notification from the Board that an advanced duty 11
4890-has been disapproved; 12
4891-
4892- (42) Performs delegated medical acts without the supervision of a physician; 13
4893-
4894- (43) Fails to complete a criminal history records check under [§ 14–308.1] § 14
4895-14–302 of this [article] TITLE; 15
4896-
4897- (44) Fails to comply with the requirements of the Prescription Drug 16
4898-Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 17
4899-
4900- (45) Fails to comply with any State or federal law pertaining to the practice 18
4901-as a physician assistant. 19
4902-
4903- (C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 20
4904-PANEL FINDS THAT THE RE ARE GROUNDS FOR D ISCIPLINE UNDER SUBSECTION (A) 21
4905-OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 22
4906-REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 23
4907-PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 24
4908-FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 25
4909-REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 26
4910-LICENSEE ON PROBATIO N. 27
4911-
4912- (D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION IN 28
4913-THE GENERAL FUND OF THE STATE. 29
4914-
4915- (E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 30
4916-DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 31
4917-TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 32
4918-
4919-14–5H–20. 33
4920- 104 HOUSE BILL 232
4921-
4922-
4923- (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 1
4924-may not employ or supervise an individual practicing as a physician assistant who does not 2
4925-have a license. 3
4926-
4927- (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 4
4928-institution, alternative health care system, or employer may not employ an individual 5
4929-practicing as a physician assistant who does not have a license. 6
4930-
4931-14–5H–21. 7
4932-
4933- (a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 8
4934-of this subtitle: 9
4935-
4936- (1) Is guilty of a misdemeanor and on conviction is subject to a fine not 10
4937-exceeding $5,000 or imprisonment not exceeding 5 years or both; and 11
4938-
4939- (2) Shall lose licensure as a physician assistant under this title. 12
4940-
4941- (b) (1) In addition to the penalties under subsection (a) of this section, a person 13
4942-who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 14
4943-assessed by a disciplinary panel in an amount not exceeding $5,000. 15
4944-
4945- (2) In addition to the penalties under paragraph (1) of this subsection, a 16
4946-person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 17
4947-civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 18
4948-
4949- (3) The Board shall pay any civil penalty collected under this subsection 19
4950-into the Board of Physicians Fund. 20
4951-
4952-14–5H–22. 21
4953-
4954- This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 22
4955-
4956-14–5H–23. 23
4957-
4958- Subject to the evaluation and reestablishment provisions of the Maryland Program 24
4959-Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 25
4960-SUBTITLE shall terminate and be of no effect after July 1, 2030. 26
4961-
4962-Article – Transportation 27
4963-
4964-13–616. 28
4965-
4966- (a) (1) In this subtitle the following words have the meanings indicated. 29
4967- HOUSE BILL 232 105
4968-
4969-
4970- (7) “Licensed physician assistant” means an individual who is licensed 1
4971-under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 2
4972-with physician supervision. 3
4973-
4974- SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
4975-as follows: 5
4976-
4977-Article – Health Occupations 6
4978-
4979-14–3A–01. 7
4980-
4981- The Interstate Medical Licensure Compact is enacted into law and entered into with 8
4982-all other states legally joining in it in the form substantially as it appears in this section as 9
4983-follows: 10
4984-
4985- SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 11
4986-
4987- (b) (3) (i) The member board within the state selected as the state of 12
4988-principal license shall, in the course of verifying eligibility, require the applicant to obtain 13
4989-a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 14
4990-including the use of the results of fingerprint or other biometric data checks compliant with 15
4991-the requirements of the Federal Bureau of Investigation, with the exception of federal 16
4992-employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 17
4993-
4994- SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
4995-as follows: 19
4996-
4997-Article – Tax – General 20
4998-
4999-10–752. 21
5000-
5001- (a) (1) In this section the following words have the meanings indicated. 22
5002-
5003- (3) “Health care practitioner” means an individual who: 23
5004-
5005- (i) is licensed to practice medicine under Title 14 of the Health 24
5006-Occupations Article; 25
5007-
5008- (ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 26
5009-the Health Occupations Article; or 27
5010-
5011- (iii) is a registered nurse practitioner, as defined in § 8–101 of the 28
5012-Health Occupations Article. 29
5013-
5014- (d) (7) The Fund consists of: 30
5015- 106 HOUSE BILL 232
5016-
5017-
5018- (i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 1
5019-the Health Occupations Article; 2
5020-
5021- (ii) money appropriated in the State budget to the Fund; and of the 3
5022-Fund. 4
5023-
5024- (iii) any other money from any other source accepted for the benefit 5
5025-of the Fund. 6
5026-
5027- SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 7
5028-Annotated Code of Maryland, in consultation with and subject to the approval of the 8
5029-Department of Legislative Services, shall correct, with no further action required by the 9
5030-General Assembly, cross–references and terminology rendered incorrect by this Act. The 10
5031-publisher shall adequately describe any correction that is made in an editor’s note following 11
5032-the section affected. 12
5033-
5034- SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
5035-October 1, 2024. Section 4 of this Act shall remain effective until the taking effect of the 14
5036-termination provision specified in Section 5 of Chapter 470 of the Acts of the General 15
5037-Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 16
5038-abrogated and of no further force and effect. Section 5 of this Act shall remain effective 17
5039-until the taking effect of the termination provision specified in Section 6 of Chapters 153 18
5040-and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 19
5041-effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 20
5042-may not be interpreted to have any effect on those termination provisions. 21
5043-
5044-
5045-
5046-
5047-Approved:
5048-________________________________________________________________________________
5049- Governor.
5050-________________________________________________________________________________
5051- Speaker of the House of Delegates.
5052-________________________________________________________________________________
5053- President of the Senate.
4877+ (40) Fails to keep adequate medical records; 24
4878+
4879+ (41) Performs delegated medical acts beyond the scope of the delegation 25
4880+agreement filed with the Board or after notification from the Board that an advanced duty 26
4881+has been disapproved; 27
4882+
4883+ (42) Performs delegated medical acts without the supervision of a physician; 28
4884+
4885+ (43) Fails to complete a criminal history records check under [§ 14–308.1] § 29
4886+14–302 of this [article] TITLE; 30
4887+
4888+ (44) Fails to comply with the requirements of the Prescription Drug 31
4889+Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 32
4890+ HOUSE BILL 232 103
4891+
4892+
4893+ (45) Fails to comply with any State or federal law pertaining to the practice 1
4894+as a physician assistant. 2
4895+
4896+ (C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 3
4897+PANEL FINDS THAT THE RE ARE GROUNDS FOR DISCIPLINE UNDER SUB SECTION (A) 4
4898+OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 5
4899+REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 6
4900+PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 7
4901+FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 8
4902+REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 9
4903+LICENSEE ON PROBATIO N. 10
4904+
4905+ (D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION IN 11
4906+THE GENERAL FUND OF THE STATE. 12
4907+
4908+ (E) IN ADDITION TO ANY SANCTION AUTH ORIZED UNDER THIS SU BTITLE, A 13
4909+DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 14
4910+TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 15
4911+
4912+14–5H–20. 16
4913+
4914+ (a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 17
4915+may not employ or supervise an individual practicing as a physician assistant who does not 18
4916+have a license. 19
4917+
4918+ (b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 20
4919+institution, alternative health care system, or employer may not employ an individual 21
4920+practicing as a physician assistant who does not have a license. 22
4921+
4922+14–5H–21. 23
4923+
4924+ (a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 24
4925+of this subtitle: 25
4926+
4927+ (1) Is guilty of a misdemeanor and on conviction is subject to a fine not 26
4928+exceeding $5,000 or imprisonment not exceeding 5 years or both; and 27
4929+
4930+ (2) Shall lose licensure as a physician assistant under this title. 28
4931+
4932+ (b) (1) In addition to the penalties under subsection (a) of this section, a person 29
4933+who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 30
4934+assessed by a disciplinary panel in an amount not exceeding $5,000. 31
4935+
4936+ (2) In addition to the penalties under paragraph (1) of this subsection, a 32
4937+person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 33 104 HOUSE BILL 232
4938+
4939+
4940+civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 1
4941+
4942+ (3) The Board shall pay any civil penalty collected under this subsection 2
4943+into the Board of Physicians Fund. 3
4944+
4945+14–5H–22. 4
4946+
4947+ This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 5
4948+
4949+14–5H–23. 6
4950+
4951+ Subject to the evaluation and reestablishment provisions of the Maryland Program 7
4952+Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 8
4953+SUBTITLE shall terminate and be of no effect after July 1, 2030. 9
4954+
4955+Article – Transportation 10
4956+
4957+13–616. 11
4958+
4959+ (a) (1) In this subtitle the following words have the meanings indicated. 12
4960+
4961+ (7) “Licensed physician assistant” means an individual who is licensed 13
4962+under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 14
4963+with physician supervision. 15
4964+
4965+ SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
4966+as follows: 17
4967+
4968+Article – Health Occupations 18
4969+
4970+14–3A–01. 19
4971+
4972+ The Interstate Medical Licensure Compact is enacted into law and entered into with 20
4973+all other states legally joining in it in the form substantially as it appears in this section as 21
4974+follows: 22
4975+
4976+ SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 23
4977+
4978+ (b) (3) (i) The member board within the state selected as the state of 24
4979+principal license shall, in the course of verifying eligibility, require the applicant to obtain 25
4980+a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 26
4981+including the use of the results of fingerprint or other biometric data checks compliant with 27
4982+the requirements of the Federal Bureau of Investigation, with the exception of federal 28
4983+employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 29
4984+
4985+ SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30 HOUSE BILL 232 105
4986+
4987+
4988+as follows: 1
4989+
4990+Article – Tax – General 2
4991+
4992+10–752. 3
4993+
4994+ (a) (1) In this section the following words have the meanings indicated. 4
4995+
4996+ (3) “Health care practitioner” means an individual who: 5
4997+
4998+ (i) is licensed to practice medicine under Title 14 of the Health 6
4999+Occupations Article; 7
5000+
5001+ (ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 8
5002+the Health Occupations Article; or 9
5003+
5004+ (iii) is a registered nurse practitioner, as defined in § 8–101 of the 10
5005+Health Occupations Article. 11
5006+
5007+ (d) (7) The Fund consists of: 12
5008+
5009+ (i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 13
5010+the Health Occupations Article; 14
5011+
5012+ (ii) money appropriated in the State budget to the Fund; and of the 15
5013+Fund. 16
5014+
5015+ (iii) any other money from any other source accepted for the benefit 17
5016+of the Fund. 18
5017+
5018+ SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 19
5019+Annotated Code of Maryland, in consultation with and subject to the approval of the 20
5020+Department of Legislative Services, shall correct, with no further action required by the 21
5021+General Assembly, cross–references and terminology rendered incorrect by this Act. The 22
5022+publisher shall adequately describe any correction that is made in an editor’s note following 23
5023+the section affected. 24
5024+
5025+ SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
5026+October 1, 2024. Section 4 of this Act shall remain effective until the taking effect of the 26
5027+termination provision specified in Section 5 of Chapter 470 of the Acts of the General 27
5028+Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 28
5029+abrogated and of no further force and effect. Section 5 of this Act shall remain effective 29
5030+until the taking effect of the termination provision specified in Section 6 of Chapters 153 30
5031+and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 31
5032+effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 32
5033+may not be interpreted to have any effect on those termination provisions. 33