MD
Maryland House Bill HB759

Maryland 2024 Regular Session

Maryland House Bill HB759 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 869
21
3-– 1 –
4-Chapter 869
5-(House Bill 759)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0759*
89
9-Advanced Practice Registered Nurses – Professional Liability Insurance
10-Coverage – Notification Requirements
10+HOUSE BILL 759
11+J2, C4 4lr3290
12+ CF SB 996
13+By: Delegate Alston
14+Introduced and read first time: January 31, 2024
15+Assigned to: Health and Government Operations
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: February 26, 2024
1119
12-FOR the purpose of requiring advanced practice registered nurses practicing as an
13-advanced practice registered nurse in the State to notify patients in writing of certain
14-information relating to professional liability insurance coverage; requiring that the
15-notification be provided at certain visits and as part of certain informed consents,
16-signed by a patient at certain times, and retained as part of the advanced practice
17-registered nurse’s patient records; requiring each advanced practice registered nurse
18-practicing as an advanced practice registered nurse in the State who does not
19-maintain professional liability insurance coverage to post the information in a
20-certain location at the advanced practice registered nurse’s place of practice; and
21-generally relating to advanced practice registered nurses and professional liability
22-coverage.
20+CHAPTER ______
2321
24-BY adding to
25- Article – Health Occupations
26-Section 8–515
27- Annotated Code of Maryland
28- (2021 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2923
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
24+Advanced Practice Registered Nurses – Professional Liability Insurance 2
25+Coverage – Notification Requirements 3
3226
33-Article – Health Occupations
27+FOR the purpose of requiring advanced practice registered nurses practicing as an 4
28+advanced practice registered nurse in the State to notify patients in writing of certain 5
29+information relating to professional liability insurance coverage; requiring that the 6
30+notification be provided at certain visits and as part of certain informed consents, 7
31+signed by a patient at certain times, and retained as part of the advanced practice 8
32+registered nurse’s patient records; requiring each advanced practice registered nurse 9
33+practicing as an advanced practice registered nurse in the State who does not 10
34+maintain professional liability insurance coverage to post the information in a 11
35+certain location at the advanced practice registered nurse’s place of practice; and 12
36+generally relating to advanced practice registered nurses and professional liability 13
37+coverage. 14
3438
35-8–515.
39+BY adding to 15
40+ Article – Health Occupations 16
41+Section 8–515 17
42+ Annotated Code of Maryland 18
43+ (2021 Replacement Volume and 2023 Supplement) 19
3644
37- (A) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN
38-ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE SHALL NOTIFY A PATIENT
39-IN WRITING IF:
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 20
46+That the Laws of Maryland read as follows: 21
4047
41- (1) THE ADVAN CED PRACTICE REGISTE RED NURSE DOES NOT
42-MAINTAIN PROFESSIONA L LIABILITY INSURANC E COVERAGE; OR
48+Article – Health Occupations 22 2 HOUSE BILL 759
4349
44- (2) THE ADVANCED PRACTICE REGISTERED NURSE ’S PROFESSIONAL
45-LIABILITY INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TI ME AND HAS
46-NOT BEEN RENEWED .
47- Ch. 869 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- (B) THE WRITTEN NOTIFICATION PROVIDED TO THE PATI ENT UNDER
51-SUBSECTION (A) OF THIS SECTION SHAL L BE:
5251
53- (1) PROVIDED:
52+8–515. 1
5453
55- (I) AT THE FIRST VISIT BY THE PATIENT DURING A NY PERIOD
56-IN WHICH THE ADVANCE D PRACTICE REGISTERE D NURSE DOES NOT MAI NTAIN
57-PROFESSIONAL LIABILI TY INSURANCE, UNLESS THE VISIT IS FOR THE PURPOSE OF
58-RECEIVING INCIDENTAL MEDICAL CARE THAT WI LL BE RENDERED FREE OF
59-CHARGE; AND
54+ (A) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN 2
55+ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE SHALL NOTIFY A PATIENT 3
56+IN WRITING IF: 4
6057
61- (II) AS PART OF EACH INFOR MED CONSENT OBTAINED BEFORE
62-ANY PROCEDURE OR OPE RATION DISCUSSED OR OFFERED FOR THE PATI ENT’S
63-CONSIDERATION IS PERFORM ED;
58+ (1) THE ADVANCED PRACTICE RE GISTERED NURSE DOES NOT 5
59+MAINTAIN PROFESSIONA L LIABILITY INSURANC E COVERAGE; OR 6
6460
65- (2) SIGNED BY THE PATIENT AT THE TIME OF THE P ATIENT’S VISIT OR
66-AT THE TIME THE INFO RMED CONSENT IS SIGN ED; AND
61+ (2) THE ADVANCED PRACTICE REGISTERED NURSE ’S PROFESSIONAL 7
62+LIABILITY INSURANCE COVERAGE HAS LAPSED FOR ANY PERIOD OF TI ME AND HAS 8
63+NOT BEEN RENEWED . 9
6764
68- (3) RETAINED BY THE ADVAN CED PRACTICE REGISTE RED NURSE AS
69-PART OF THE ADVANCED PRACTICE REGISTERED NURSE’S PATIENT RECORDS.
65+ (B) THE WRITTEN NOTIFICAT ION PROVIDED TO THE PATIENT UNDER 10
66+SUBSECTION (A) OF THIS SECTION SHAL L BE: 11
7067
71- (C) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN
72-ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE WHO DOES NOT MA INTAIN
73-PROFESSIONAL LIABILI TY INSURANCE COVERAG E SHALL POST THIS IN FORMATION
74-IN A CONSPICUOUS LOC ATION IN THE ADVANCE D PRACTICE REGISTERED N URSE’S
75-PLACE OF PRACTICE .
68+ (1) PROVIDED: 12
7669
77- SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Nursing
78-shall develop appropriate language for the notification required under § 8–515 of the Health
79-Occupations Article as enacted by Section 1 of this Act.
70+ (I) AT THE FIRST VISIT BY THE PATIENT DURING A NY PERIOD 13
71+IN WHICH THE ADVANCE D PRACTICE REGISTERE D NURSE DOES NOT MAI NTAIN 14
72+PROFESSIONAL LIAB ILITY INSURANCE , UNLESS THE VISIT IS FOR THE PURPOSE OF 15
73+RECEIVING INCIDENTAL MEDICAL CARE THAT WI LL BE RENDERED FREE OF 16
74+CHARGE; AND 17
8075
81- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
82-October 1, 2024.
76+ (II) AS PART OF EACH INFOR MED CONSENT OBTAINED BEFORE 18
77+ANY PROCEDURE OR OPE RATION DISCUSSED OR OFFERED FOR THE PATI ENT’S 19
78+CONSIDERATION IS PER FORMED; 20
8379
84-Approved by the Governor, May 16, 2024.
80+ (2) SIGNED BY THE PATIENT AT THE TIME OF THE P ATIENT’S VISIT OR 21
81+AT THE TIME THE INFO RMED CONSENT IS SIGN ED; AND 22
82+
83+ (3) RETAINED BY THE ADVAN CED PRACTICE REGISTE RED NURSE AS 23
84+PART OF THE ADVANCED PRACTICE REGISTERED NURSE’S PATIENT RECORDS . 24
85+
86+ (C) EACH ADVANCED PRACTIC E REGISTERED NURSE P RACTICING AS AN 25
87+ADVANCED PRACTICE RE GISTERED NURSE IN TH E STATE WHO DOES NOT MA INTAIN 26
88+PROFESSIONAL LIABILI TY INSURANCE COVERAG E SHALL POST THIS IN FORMATION 27
89+IN A CONSPICUOUS LOC ATION IN THE ADVANC ED PRACTICE REGISTER ED NURSE’S 28
90+PLACE OF PRACTICE . 29
91+
92+ SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of Nursing 30
93+shall develop appropriate language for the notification required under § 8–515 of the Health 31
94+Occupations Article as enacted by Section 1 of this Act. 32 HOUSE BILL 759 3
95+
96+
97+
98+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
99+October 1, 2024. 2
100+
101+
102+
103+Approved:
104+________________________________________________________________________________
105+ Governor.
106+________________________________________________________________________________
107+ Speaker of the House of Delegates.
108+________________________________________________________________________________
109+ President of the Senate.