EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0759*
HOUSE BILL 759
J2, C4 4lr3290
CF 4lr2403
By: Delegate Alston
Introduced and read first time: January 31, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Advanced Practice Registered Nurses – Professional Liability Insurance 2
Coverage – Notification Requirements 3
FOR the purpose of requiring advanced practice registered nurses practicing as an 4
advanced practice registered nurse in the State to notify patients in writing of certain 5
information relating to professional liability insurance coverage; requiring that the 6
notification be provided at certain visits and as part of certain informed consents, 7
signed by a patient at certain times, and retained as part of the advanced practice 8
registered nurse’s patient records; requiring each advanced practice registered nurse 9
practicing as an advanced practice registered nurse in the State who does not 10
maintain professional liability insurance coverage to post the information in a 11
certain location at the advanced practice registered nurse’s place of practice; and 12
generally relating to advanced practice registered nurses and professional liability 13
coverage. 14
BY adding to 15
Article – Health Occupations 16
Section 8–515 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health Occupations 22
8–515. 23
2 HOUSE BILL 759
(A) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN 1
ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE SHALL NOTIFY A PATIENT 2
IN WRITING IF: 3
(1) THE ADVANCED PRACTICE REGISTERED NURSE DOE S NOT 4
MAINTAIN PROFESSIONA L LIABILITY INSURANCE COVERAGE ; OR 5
(2) THE ADVANCED PRACTICE REGISTERED NURSE ’S PROFESSIONAL 6
LIABILITY INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TI ME AND HAS 7
NOT BEEN RENEWED . 8
(B) THE WRITTEN NOTIFICAT ION PROVIDED TO THE PATIENT UNDER 9
SUBSECTION (A) OF THIS SECTION SHALL BE : 10
(1) PROVIDED: 11
(I) AT THE FIRST VISIT BY THE PATIENT DURING A NY PERIOD 12
IN WHICH THE ADVANCE D PRACTICE REGISTERE D NURSE DOES NOT MAI NTAIN 13
PROFESSIONAL LIABILI TY INSURANCE , UNLESS THE VISIT IS FOR THE PURPOSE OF 14
RECEIVING INCIDENTAL MEDICAL CARE THAT WI LL BE RENDERED FREE OF 15
CHARGE; AND 16
(II) AS PART OF EACH INFOR MED CONSENT OBTAINED BEFORE 17
ANY PROCEDURE OR OPE RATION DISCUSSED OR OFFERED FOR THE PATI ENT’S 18
CONSIDERATION IS PER FORMED; 19
(2) SIGNED BY THE PATIENT AT THE TIME OF THE PATIENT’S VISIT OR 20
AT THE TIME THE INFO RMED CONSENT IS SIGN ED; AND 21
(3) RETAINED BY THE ADVAN CED PRACTICE REGISTE RED NURSE AS 22
PART OF THE ADVANCED PRACTICE REGISTERED NURSE’S PATIENT RECORDS . 23
(C) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN 24
ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE WHO DOES NOT MA INTAIN 25
PROFESSIONAL LIABILI TY INSURANCE COVERAG E SHALL POST THIS IN FORMATION 26
IN A CONSPICUOUS LOC ATION IN THE ADVANCE D PRACTICE REGISTERE D NURSE’S 27
PLACE OF PRACTICE . 28
SECTION 2. AND BE IT FUR THER ENACTED, That the State Board of Nursing 29
shall develop appropriate language for the notification required under § 8–515 of the Health 30
Occupations Article as enacted by Section 1 of this Act. 31
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2024. 33