Maryland 2024 Regular Session

Maryland Senate Bill SB218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0218
6	6
7	7	SENATE BILL 218
8	8	J2 4lr0169
9	9	(PRE–FILED) CF HB 232
10	10	By: Chair, Finance Committee (By Request – Departmental – Health)
11	11	Requested: September 13, 2023
12	12	Introduced and read first time: January 10, 2024
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Physicians and Allied Health Professions – Reorganization and Revisions 2
20	20
21	21	FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
22	22	and reorganizing certain provisions of law governing the State Board of Physicians 4
23	23	and the regulation of physicians, physician assistants, and allied health professions; 5
24	24	prohibiting the Board from releasing a list of applicants for licensure; altering 6
25	25	physician, physician assistant, and allied health professional licensure exceptions 7
26	26	for individuals in the service of the federal government; altering the grounds for 8
27	27	discipline for physicians, physician assistants, and allied health professionals; 9
28	28	repealing the requirement that the Board provide a certain data sheet; establishing 10
29	29	the quorums for the allied health committees; and generally relating to the State 11
30	30	Board of Physicians and the regulation of physicians, physician assistants, and allied 12
31	31	health professionals. 13
32	32
33	33	BY repealing 14
34	34	Article – Health Occupations 15
35	35	Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 16
36	36	14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 17
37	37	14–5A–17.1, 14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 18
38	38	14–5B–10, 14–5B–12, 14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 19
39	39	14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 20
40	40	14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 21
41	41	14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 22
42	42	14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 23
43	43	14–5E–18.1, 14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 24
44	44	14–5F–17, 14–5F–23, 14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 25
45	45	14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 26
46	46	15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 27
47	47	15–315, 15–316, and 15–316.1 28
48	48	Annotated Code of Maryland 29 2 SENATE BILL 218
49	49
50	50
51	51	(2021 Replacement Volume and 2023 Supplement) 1
52	52
53	53	BY renumbering 2
54	54	Article – Health Occupations 3
55	55	Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 4
56	56	14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 5
57	57	14–318 through 14–320, 14–320.1, 14–322, 14–404, 14–413 through 14–415, 6
58	58	14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 7
59	59	14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 8
60	60	15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 9
61	61	15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 10
62	62	15–502 11
63	63	to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 12
64	64	14–303, 14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 13
65	65	14–509 through 14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14
66	66	14–414, 14–514, 14–527, 14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 15
67	67	14–529, 14–413, 14–522, 14–525, 14–5H–01 through 14–5H–03, 14–5H–04, 16
68	68	14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 17
69	69	14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 18
70	70	14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 19
71	71	respectively 20
72	72	Annotated Code of Maryland 21
73	73	(2021 Replacement Volume and 2023 Supplement) 22
74	74
75	75	BY repealing and reenacting, without amendments, 23
76	76	Article – Alcoholic Beverages and Cannabis 24
77	77	Section 36–101(a) 25
78	78	Annotated Code of Maryland 26
79	79	(2016 Volume and 2023 Supplement) 27
80	80
81	81	BY repealing and reenacting, with amendments, 28
82	82	Article – Alcoholic Beverages and Cannabis 29
83	83	Section 36–101(m)(1)(v)1. 30
84	84	Annotated Code of Maryland 31
85	85	(2016 Volume and 2023 Supplement) 32
86	86
87	87	BY repealing and reenacting, with amendments, 33
88	88	Article – Correctional Services 34
89	89	Section 9–603(d)(2) 35
90	90	Annotated Code of Maryland 36
91	91	(2017 Replacement Volume and 2023 Supplement) 37
92	92
93	93	BY repealing and reenacting, with amendments, 38
94	94	Article – Courts and Judicial Proceedings 39
95	95	Section 5–106(r), 5–715(d), and 10–205(b) 40
96	96	Annotated Code of Maryland 41
97	97	(2020 Replacement Volume and 2023 Supplement) 42 SENATE BILL 218 3
98	98
99	99
100	100
101	101	BY repealing and reenacting, without amendments, 1
102	102	Article – Health – General 2
103	103	Section 4–201(a) and 5–601(a) 3
104	104	Annotated Code of Maryland 4
105	105	(2023 Replacement Volume) 5
106	106
107	107	BY repealing and reenacting, with amendments, 6
108	108	Article – Health – General 7
109	109	Section 4–201(s), 5–601(v), and 18–214.1(b)(3) 8
110	110	Annotated Code of Maryland 9
111	111	(2023 Replacement Volume) 10
112	112
113	113	BY repealing and reenacting, with amendments, 11
114	114	Article – Health Occupations 12
115	115	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. 13
116	116	and (iv)1., 14–101(a–1), (g), (i), and (o), 14–205, 14–207(b) through (d) and (f), 14
117	117	14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5)(i) and (e) through (k), 15
118	118	14–402(a) and (c) through (f), 14–403(a), 14–405(a) and (g), 14–406, 14–409(a) 16
119	119	and (c), 14–411(d), (g), (h), (j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 17
120	120	14–5A–01(c), 14–5A–05, 14–5A–08, 14–5A–09, 14–5A–17(a), 14–5A–20, 18
121	121	14–5A–21, 14–5A–22, 14–5A–22.1(a), 14–5B–07(a)(2), 14–5B–08, 14–5B–09, 19
122	122	14–5B–11, 14–5B–14(a), 14–5B–17, 14–5B–18(b), 14–5B–18.1(a) and (b), 20
123	123	14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 21
124	124	14–5C–20, 14–5C–22, 14–5C–22.1(a), 14–5D–07, 14–5D–08, 14–5D–10(a), 22
125	125	14–5D–11.1(a) and (b), 14–5D–14(a), 14–5D–17, 14–5E–01(g), 14–5E–08(a) 23
126	126	and (b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 24
127	127	14–5E–20, 14–5E–21(a) and (b), 14–5E–22, 14–5F–10, 14–5F–11, 14–5F–12, 25
128	128	14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 14–5F–24(c), 14–5F–29(a), 26
129	129	14–5G–08, 14–5G–09, 14–5G–14(h), 14–5G–17, 14–5G–18(a), 14–5G–23, 27
130	130	14–5G–24(a) and (b), 14–5G–25, and 14–5G–26(a) and (b) 28
131	131	Annotated Code of Maryland 29
132	132	(2021 Replacement Volume and 2023 Supplement) 30
133	133
134	134	BY repealing and reenacting, without amendments, 31
135	135	Article – Health Occupations 32
136	136	Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 33
137	137	Annotated Code of Maryland 34
138	138	(2021 Replacement Volume and 2023 Supplement) 35
139	139
140	140	BY adding to 36
141	141	Article – Health Occupations 37
142	142	Section 14–101(a–2), (n), and (p–1), 14–208, 14–404, 14–417, 14–504, 14–515, 38
143	143	14–517, 14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), 39
144	144	and 14–5F–07(g) 40
145	145	Annotated Code of Maryland 41
146	146	(2021 Replacement Volume and 2023 Supplement) 42 4 SENATE BILL 218
147	147
148	148
149	149
150	150	BY repealing and reenacting, with amendments, 1
151	151	Article – Health Occupations 2
152	152	Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 3
153	153	14–413; 14–502, 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 4
154	154	14–511(b), 14–512(c), 14–516(a), 14–518(a)(1), 14–519(a)(1), 14–525(b) and (c), 5
155	155	14–528, and 14–529 to be under the amended subtitle “Subtitle 5. Physicians”; 6
156	156	and 14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), 7
157	157	(d), and (e)(1), 14–5H–06(a), 14–5H–07(c) and (f) through (h), 8
158	158	14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 14–5H–09(a) and (b), 9
159	159	14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 14–5H–16(a), 14–5H–20(a) 10
160	160	and (b), 14–5H–21, 14–5H–22, and 14–5H–23 11
161	161	Annotated Code of Maryland 12
162	162	(2021 Replacement Volume and 2023 Supplement) 13
163	163	(As enacted by Section 2 of this Act) 14
164	164
165	165	BY adding to 15
166	166	Article – Health Occupations 16
167	167	Section 14–514(c) and (d), 14–522(c), 14–525(b), and 14–526(d); and 14–5H–16(c) 17
168	168	through (e) to be under the new subtitle “Subtitle 5H. Physician Assistants” 18
169	169	Annotated Code of Maryland 19
170	170	(2021 Replacement Volume and 2023 Supplement) 20
171	171	(As enacted by Section 2 of this Act) 21
172	172
173	173	BY repealing 22
174	174	Article – Health Occupations 23
175	175	Section 14–5H–01(d) and (i–1) 24
176	176	Annotated Code of Maryland 25
177	177	(2021 Replacement Volume and 2023 Supplement) 26
178	178	(As enacted by Section 2 of this Act) 27
179	179
180	180	BY repealing and reenacting, without amendments, 28
181	181	Article – Transportation 29
182	182	Section 13–616(a)(1) 30
183	183	Annotated Code of Maryland 31
184	184	(2020 Replacement Volume and 2023 Supplement) 32
185	185
186	186	BY repealing and reenacting, with amendments, 33
187	187	Article – Transportation 34
188	188	Section 13–616(a)(7) 35
189	189	Annotated Code of Maryland 36
190	190	(2020 Replacement Volume and 2023 Supplement) 37
191	191
192	192	BY repealing and reenacting, without amendments, 38
193	193	Article – Tax – General 39
194	194	Section 10–752(a)(1) 40
195	195	Annotated Code of Maryland 41 SENATE BILL 218 5
196	196
197	197
198	198	(2022 Replacement Volume and 2023 Supplement) 1
199	199
200	200	BY repealing and reenacting, with amendments, 2
201	201	Article – Tax – General 3
202	202	Section 10–752(a)(3) and (d)(7) 4
203	203	Annotated Code of Maryland 5
204	204	(2022 Replacement Volume and 2023 Supplement) 6
205	205
206	206	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
207	207	That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 8
208	208	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, 9
209	209	14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 14–5B–10, 14–5B–12, 14–5B–12.1, 10
210	210	14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 11
211	211	14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 12
212	212	14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 13
213	213	14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 14–5E–18.1, 14
214	214	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 15
215	215	through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 16
216	216	14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 17
217	217	through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health Occupations of the 18
218	218	Annotated Code of Maryland be repealed. 19
219	219
220	220	SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 20
221	221	14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 21
222	222	14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–320.1, 14–322, 22
223	223	14–404, 14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 23
224	224	14–508, 14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 24
225	225	15–201, 15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 25
226	226	15–309, 15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 26
227	227	of Article – Health Occupations of the Annotated Code of Maryland be renumbered to be 27
228	228	Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 28
229	229	14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14–509 through 29
230	230	14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14–414, 14–514, 14–527, 30
231	231	14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 14–529, 14–413, 14–522, 14–525, 31
232	232	14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 32
233	233	14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 33
234	234	14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 34
235	235	respectively. 35
236	236
237	237	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 36
238	238	as follows: 37
239	239
240	240	Article – Alcoholic Beverages and Cannabis 38
241	241
242	242	36–101. 39
243	243
244	244	(a) In this title the following words have the meanings indicated. 40 6 SENATE BILL 218
245	245
246	246
247	247
248	248	(m) “Certifying provider” means an individual who: 1
249	249
250	250	(1) (v) 1. has an active, unrestricted license to practice as a 2
251	251	physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 3
252	252	5H of the Health Occupations Article; 4
253	253
254	254	Article – Correctional Services 5
255	255
256	256	9–603. 6
257	257
258	258	(d) (2) If an assessment conducted under paragraph (1) of this subsection 7
259	259	indicates opioid use disorder, an evaluation of the incarcerated individual shall be 8
260	260	conducted by a health care practitioner with prescriptive authority authorized under Title 9
261	261	8[,] OR Title 14[, or Title 15] of the Health Occupations Article. 10
262	262
263	263	Article – Courts and Judicial Proceedings 11
264	264
265	265	5–106. 12
266	266
267	267	(r) A prosecution for an offense under [§ 14–601] § 14–528 of the Health 13
268	268	Occupations Article of practicing, attempting to practice, or offering to practice medicine 14
269	269	without a license shall be instituted within 3 years after the offense was committed. 15
270	270
271	271	5–715. 16
272	272
273	273	(d) Any person who acts in good faith is not civilly liable for giving any of the 17
274	274	information required under [§ 14–413 or § 14–414] § 14–518 OR § 14–519 of the Health 18
275	275	Occupations Article. 19
276	276
277	277	10–205. 20
278	278
279	279	(b) Records, reports, statements, notes, or information assembled or obtained by 21
280	280	the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 22
281	281	Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 23
282	282	Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 24
283	283	national organized medical society or research group that are declared confidential by § 25
284	284	4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 26
285	285	Article, are not admissible in evidence in any proceeding. 27
286	286
287	287	Article – Health – General 28
288	288
289	289	4–201. 29
290	290
291	291	(a) In this subtitle the following words have the meanings indicated. 30
292	292	SENATE BILL 218 7
293	293
294	294
295	295	(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 1
296	296	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 2
297	297	supervision. 3
298	298
299	299	5–601. 4
300	300
301	301	(a) In this subtitle the following words have the meanings indicated. 5
302	302
303	303	(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 6
304	304	SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 7
305	305	supervision. 8
306	306
307	307	18–214.1. 9
308	308
309	309	(b) Notwithstanding any other provision of law, the following health care 10
310	310	providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 11
311	311	partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 12
312	312	making a personal physical assessment of the patient’s partner: 13
313	313
314	314	(3) An authorized physician assistant licensed under Title [15] 14, 14
315	315	SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 15
316	316	14–5H–10 of the Health Occupations Article; and 16
317	317
318	318	Article – Health Occupations 17
319	319
320	320	1–302. 18
321	321
322	322	(g) Subsection (d)(12) of this section may not be construed to: 19
323	323
324	324	(4) Permit an arrangement that violates: 20
325	325
326	326	(i) [§ 14–404(a)(15)] § 14–516(A)(15) of this article; or 21
327	327
328	328	1–306. 22
329	329
330	330	(e) This section does not prohibit: 23
331	331
332	332	(2) A health care practitioner who takes a Pap test specimen from a patient 24
333	333	and who orders but does not supervise or perform an anatomic pathology service on the 25
334	334	specimen, from billing a patient or payor for the service, provided the health care 26
335	335	practitioner complies with: 27
336	336
337	337	(i) The disclosure requirements of [§ 14–404(a)(16)] § 28
338	338	14–516(A)(16) of this article; and 29
339	339
340	340	8–205. 30 8 SENATE BILL 218
341	341
342	342
343	343
344	344	(a) In addition to the powers and duties set forth elsewhere in this title, the Board 1
345	345	has the following powers and duties: 2
346	346
347	347	(3) To adopt rules and regulations for the performance of delegated medical 3
348	348	functions that are recognized jointly by the State Board of Physicians and the State Board 4
349	349	of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 5
350	350
351	351	11–404.2. 6
352	352
353	353	(h) A therapeutically certified optometrist shall be: 7
354	354
355	355	(2) Required to comply with the notice requirement under [§ 14–508] § 8
356	356	14–521 of this article. 9
357	357
358	358	12–102. 10
359	359
360	360	(c) (2) This title does not prohibit: 11
361	361
362	362	(iii) A licensed physician from dispensing a topical medication 12
363	363	without obtaining the permit required under item (ii)1C of this paragraph or completing 13
364	364	the continuing education required under item (ii)4M of this paragraph when the physician: 14
365	365	of this article; 15
366	366
367	367	2. Has obtained a special written permit under [§ 14–509] § 16
368	368	14–523 of this article; 17
369	369
370	370	(iv) A licensed physician who complies with the requirements of item 18
371	371	(ii) of this paragraph from personally preparing and dispensing a prescription written by: 19
372	372
373	373	1. A physician assistant in accordance with a delegation 20
374	374	agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 21
375	375
376	376	14–101. 22
377	377
378	378	(a) In this title the following words have the meanings indicated. 23
379	379
380	380	(a–1) “Allied health professional” means an individual licensed by the Board under 24
381	381	Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 25
382	382
383	383	(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 26
384	384	LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 27
385	385
386	386	(g) “License” means, unless the context requires otherwise, a license issued by the 28
387	387	Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 29
388	388	BOARD. 30 SENATE BILL 218 9
389	389
390	390
391	391
392	392	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 1
393	393	issued], including an individual practicing medicine within or as a professional corporation 2
394	394	or professional association. 3
395	395
396	396	(N) “PHYSICIAN ASSISTANT” MEANS AN INDIVIDUAL WHO IS LICENSED 4
397	397	UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 5
398	398	SUPERVISION. 6
399	399
400	400	(o) (1) “Practice medicine” means to engage, with or without compensation, in 7
401	401	medical: 8
402	402
403	403	(i) Diagnosis; 9
404	404
405	405	(ii) Healing; 10
406	406
407	407	(iii) Treatment; or 11
408	408
409	409	(iv) Surgery. 12
410	410
411	411	(2) “Practice medicine” includes doing, undertaking, professing to do, and 13
412	412	attempting any of the following: 14
413	413
414	414	(i) Diagnosing, healing, treating, preventing, prescribing for, or 15
415	415	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 16
416	416
417	417	1. By physical, mental, emotional, or other process that is 17
418	418	exercised or invoked by the practitioner, the patient, or both; or 18
419	419
420	420	2. By appliance, test, drug, operation, or treatment; 19
421	421
422	422	(ii) Ending of a human pregnancy; and 20
423	423
424	424	(iii) Performing acupuncture as provided under [§ 14–504] § 14–527 21
425	425	of this title. 22
426	426
427	427	(3) “Practice medicine” does not include: 23
428	428
429	429	(i) Selling any nonprescription drug or medicine; 24
430	430
431	431	(ii) Practicing as an optician; or 25
432	432
433	433	(iii) Performing a massage or other manipulation by hand, but by no 26
434	434	other means. 27
435	435
436	436	(P–1) “REHABILITATION PROGRA M” MEANS THE PROGRAM OF THE BOARD OR 28 10 SENATE BILL 218
437	437
438	438
439	439	THE NONPROFIT ENTITY WITH WHICH THE BOARD CONTRACTS UNDER § 14–401.1(D) 1
440	440	OF THIS TITLE THAT E VALUATES AND PROVIDES ASSISTA NCE TO IMPAIRED 2
441	441	PHYSICIANS AND OTHER HEALTH PROFESSIONALS REGULATED BY THE BOARD WHO 3
442	442	ARE DIRECTED BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR 4
443	443	ALCOHOLISM , CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR 5
444	444	MENTAL CONDITIO NS. 6
445	445
446	446	14–205. 7
447	447
448	448	(a) In addition to the powers and duties set forth in this title [and in Title 15 of 8
449	449	this article], the Board shall: 9
450	450
451	451	(1) Enforce this title [and Title 15 of this article]; 10
452	452
453	453	(2) Adopt regulations to carry out the provisions of this title [and Title 15 11
454	454	of this article]; 12
455	455
456	456	(3) Establish policies for Board operations; 13
457	457
458	458	(4) Maintain the rules, regulations, and policies of the Board so that the 14
459	459	rules, regulations, and policies reflect the current practices of the Board; 15
460	460
461	461	(5) Oversee: 16
462	462
463	463	(i) The licensing requirements for physicians and the allied health 17
464	464	professionals; and 18
465	465
466	466	(ii) The issuance and renewal of licenses; 19
467	467
468	468	(6) Maintain secure and complete records; 20
469	469
470	470	(7) Review and preliminarily investigate complaints, including 21
471	471	acknowledging receipt of complaints and informing complainants of the final disposition of 22
472	472	complaints; 23
473	473
474	474	(8) Develop and implement methods to: 24
475	475
476	476	(i) Assess and improve licensee practices; and 25
477	477
478	478	(ii) Ensure the ongoing competence of licensees; 26
479	479
480	480	(9) Ensure that an opportunity for a hearing is provided to an individual, 27
481	481	in accordance with law, before any action is taken against the individual; 28
482	482
483	483	(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 29
484	484	SENATE BILL 218 11
485	485
486	486
487	487	(11) Report on all disciplinary actions, license denials, and license 1
488	488	surrenders; 2
489	489
490	490	(12) Establish appropriate fees that are adequate to fund the effective 3
491	491	regulation of physicians and allied health professionals; 4
492	492
493	493	(13) Make recommendations that benefit the health, safety, and welfare of 5
494	494	the public; 6
495	495
496	496	(14) Provide ongoing education and training for Board members to ensure 7
497	497	that the Board members can competently discharge their duties; 8
498	498
499	499	(15) Direct educational outreach to and communicate with licensees and the 9
500	500	public; 10
501	501
502	502	(16) Develop and adopt a budget that reflects revenues and supports the 11
503	503	costs associated with each allied health profession regulated by the Board; 12
504	504
505	505	(17) Develop and approve an annual report and other required reports for 13
506	506	submission to the Secretary, the Governor, the General Assembly, and the public; 14
507	507
508	508	(18) Approve contracts as needed and within budgetary limits; 15
509	509
510	510	(19) Appoint standing and ad hoc committees from among Board members 16
511	511	as necessary; 17
512	512
513	513	(20) Delegate to the executive director of the Board the authority to 18
514	514	discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 19
515	515	Board or disciplinary panel, and hold the executive director accountable to the Board; and 20
516	516
517	517	(21) Appoint members of the disciplinary panels. 21
518	518
519	519	(b) (1) In addition to the powers set forth elsewhere in this title, the Board 22
520	520	may: 23
521	521
522	522	(i) Adopt regulations to regulate the performance of acupuncture, 24
523	523	but only to the extent authorized by [§ 14–504] § 14–527 of this title; 25
524	524
525	525	(ii) After consulting with the State Board of Pharmacy, adopt rules 26
526	526	and regulations regarding the dispensing of prescription drugs by a licensed physician; 27
527	527
528	528	(iii) On receipt of a written and signed complaint, including a referral 28
529	529	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 29
530	530	office of a physician or acupuncturist, other than an office of a physician or acupuncturist 30
531	531	in a hospital, related institution, freestanding medical facility, or a freestanding birthing 31
532	532	center, to determine compliance at that office with the Centers for Disease Control and 32
533	533	Prevention’s guidelines on universal precautions; and 33 12 SENATE BILL 218
534	534
535	535
536	536
537	537	(iv) Contract with others for the purchase of administrative and 1
538	538	examination services to carry out the provisions of this title. 2
539	539
540	540	(2) The Board or a disciplinary panel may investigate an alleged violation 3
541	541	of this title. 4
542	542
543	543	[(3) Subject to the Administrative Procedure Act and the hearing provisions 5
544	544	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 6
545	545	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 7
546	546	applicant’s license for: 8
547	547
548	548	(i) Any of the reasons that are grounds for action under § 14–404, § 9
549	549	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 10
550	550	as applicable; or 11
551	551
552	552	(ii) Failure to complete a criminal history records check in 12
553	553	accordance with § 14–308.1 of this title.] 13
554	554
555	555	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 14
556	556	shall: 15
557	557
558	558	(i) Issue, for use in other jurisdictions, a certificate of professional 16
559	559	standing AND A VERIFICATION O F LICENSURE STATUS to any [licensed physician] 17
560	560	LICENSEE; and 18
561	561
562	562	(ii) Keep a list of all PENDING license applicants. 19
563	563
564	564	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 20
565	565	are currently licensed. 21
566	566
567	567	(ii) The list shall include each [physician’s] LICENSEE’S designated 22
568	568	public address. 23
569	569
570	570	(iii) A [physician’s] LICENSEE’S designated public address may be a 24
571	571	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 25
572	572	under paragraph (3) of this subsection, that is not a post office box. 26
573	573
574	574	[(iv) Each list prepared under this paragraph shall be kept as a 27
575	575	permanent record of the Board.] 28
576	576
577	577	[(v)] (IV) The list of [currently licensed physicians] CURRENT 29
578	578	LICENSEES is a public record. 30
579	579
580	580	(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 31
581	581	LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, AND 32 SENATE BILL 218 13
582	582
583	583
584	584	MAINTAIN THE ADDRESS to facilitate communication between the [physician] LICENSEE 1
585	585	and the Board. 2
586	586
587	587	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 3
588	588	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 4
589	589	at the time of initial licensure and license renewal. 5
590	590
591	591	(iii) A [physician] LICENSEE shall designate an address where the 6
592	592	Board may send the [physician] LICENSEE mail. 7
593	593
594	594	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 8
595	595	a public record and may not be released by the Board. 9
596	596
597	597	(D) THE BOARD MAY NOT RELEASE A LIS T OF APPLICANTS FOR LICENSURE. 10
598	598
599	599	(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 11
600	600	ESTABLISHED UNDER TH IS TITLE GOVERNING : 12
601	601
602	602	(1) THE TERM OF OFFICE FO R MEMBERS; 13
603	603
604	604	(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 14
605	605
606	606	(3) THE REMOVAL OF MEMBER S; AND 15
607	607
608	608	(4) THE DUTIES OF EACH OF FICER. 16
609	609
610	610	(F) EACH ADVISORY COMMITTEE S HALL: 17
611	611
612	612	(1) DEVELOP AND RECOMMEND TO THE BOARD REGULATIONS TO 18
613	613	CARRY OUT THE PROVIS IONS OF THIS TITLE A ND ANY OTHER STATUTO RY CHANGES 19
614	614	THAT AFFECT THE RELE VANT ALLIED HEALTH PROFES SION; 20
615	615
616	616	(2) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 21
617	617
618	618	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 22
619	619	OF AN ALLIED HEALTH PROFESSION; AND 23
620	620
621	621	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 24
622	622	ALLIED HEALTH PROFES SIONS OR PRACTITIONERS ; 25
623	623
624	624	(3) KEEP RECORD OF ITS PR OCEEDINGS; AND 26
625	625
626	626	(4) SUBMIT AN ANNUAL REPO RT TO THE BOARD. 27
627	627
628	628	14–207. 28 14 SENATE BILL 218
629	629
630	630
631	631
632	632	(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 1
633	633	renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 2
634	634	HEALTH PROFESSIONALS . 3
635	635
636	636	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 4
637	637	FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 5
638	638	UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 6
639	639	ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 7
640	640	program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 8
641	641	14–401.1(D) of this title. 9
642	642
643	643	(3) Funds to cover the compensation and expenses of the Board members 10
644	644	shall be generated by fees set under this section. 11
645	645
646	646	(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 12
647	647	PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 13
648	648	AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 14
649	649
650	650	(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 15
651	651	DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 16
652	652	REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 17
653	653	TITLE. 18
654	654
655	655	(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER T HIS 19
656	656	SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 20
657	657	$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 21
658	658
659	659	(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 22
660	660	SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSIST ANT 23
661	661	PRECEPTORSHIP TAX CR EDIT FUND ESTABLISHED UNDER § 10–752 OF THE TAX – 24
662	662	GENERAL ARTICLE. 25
663	663
664	664	(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 26
665	665	THE Board shall pay all fees collected under the provisions of this title to the Comptroller 27
666	666	of the State. 28
667	667
668	668	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 29
669	669	include in the State budget at least $400,000 for the operation of the Maryland Loan 30
670	670	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 31
671	671	Subtitle 17 of the Health – General Article, as administered by the Department, the 32
672	672	Comptroller shall distribute: 33
673	673
674	674	(i) $400,000 of the fees received from the Board to the Department 34
675	675	to be used to make grants under the Maryland Loan Assistance Repayment Program for 35 SENATE BILL 218 15
676	676
677	677
678	678	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 1
679	679	Article to physicians and physician assistants engaged in primary care or to medical 2
680	680	residents specializing in primary care who agree to practice for at least 2 years as primary 3
681	681	care physicians in a geographic area of the State that has been designated by the Secretary 4
682	682	as being medically underserved; and 5
683	683
684	684	(ii) The balance of the fees to the Board of Physicians Fund. 6
685	685
686	686	(2) In fiscal year 2022, if the Governor does not include in the State budget 7
687	687	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 8
688	688	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 9
689	689	Article, as administered by the Department, the Comptroller shall distribute: 10
690	690
691	691	(i) $1,000,000 of the fees received from the Board to the Department 11
692	692	to be used to make grants under the Maryland Loan Assistance Repayment Program for 12
693	693	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
694	694	Article to physicians and physician assistants engaged in primary care or to medical 14
695	695	residents specializing in primary care who agree to practice for at least 2 years as primary 15
696	696	care physicians in a geographic area of the State that has been designated by the Secretary 16
697	697	as being medically underserved; and 17
698	698
699	699	(ii) The balance of the fees to the Board of Physicians Fund. 18
700	700
701	701	(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department does not 19
702	702	implement a permanent funding structure under § 24–1702(b)(1) of the Health – General 20
703	703	Article and the Governor does not include in the State budget at least $400,000 for the 21
704	704	operation of the Maryland Loan Assistance Repayment Program for Physicians and 22
705	705	Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 23
706	706	administered by the Department, the Comptroller shall distribute: 24
707	707
708	708	(i) $400,000 of the fees received from the Board to the Department 25
709	709	to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
710	710	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
711	711	Article to physicians and physician assistants engaged in primary care or to medical 28
712	712	residents specializing in primary care who agree to practice for at least 2 years as primary 29
713	713	care physicians in a geographic area of the State that has been designated by the Secretary 30
714	714	as being medically underserved; and 31
715	715
716	716	(ii) The balance of the fees to the Board of Physicians Fund. 32
717	717
718	718	[(4)] (2) If the Governor includes in the State budget at least the amount 33
719	719	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 34
720	720	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
721	721	Subtitle 17 of the Health – General Article, as administered by the Department, the 36
722	722	Comptroller shall distribute the fees to the Board of Physicians Fund. 37
723	723
724	724	(f) [(1)] In addition to the requirements of subsection (e) of this section, the 38 16 SENATE BILL 218
725	725
726	726
727	727	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 1
728	728	collected, and distributed to the Fund under this title. 2
729	729
730	730	[(2) After review and approval by the Board of a budget submitted by the 3
731	731	Physician Rehabilitation Program, the Board may allocate money from the Fund to the 4
732	732	Physician Rehabilitation Program.] 5
733	733
734	734	14–208. 6
735	735
736	736	(A) IN THIS SECTION, “FEDERAL PROPERTY ” MEANS A BUILDING , LAND, OR 7
737	737	OTHER REAL PROPERTY OWNED, LEASED, OR OCCUPIED BY A DEP ARTMENT, AN 8
738	738	AGENCY, OR AN INSTRUMENTALITY OF T HE UNITED STATES, INCLUDING THE 9
739	739	DEPARTMENT OF DEFENSE AND THE UNITED STATES POSTAL SERVICE, OR ANY 10
740	740	OTHER INSTRUMENTALIT Y WHOLLY OWNED BY TH E UNITED STATES, OR BY ANY 11
741	741	DEPARTMENT OR AGENCY OF THE DISTRICT OF COLUMBIA OR ANY TERRI TORY OR 12
742	742	POSSESSION OF THE UNITED STATES. 13
743	743
744	744	(B) SUBJECT TO THE RULES, REGULATIONS , AND ORDERS OF THE BOARD, 14
745	745	AN INDIVIDUAL EMPLOY ED IN THE SERVICE OF THE FEDERAL GOVERNME NT AS A 15
746	746	HEALTH CARE PRACTITI ONER WHO IS REGULATE D BY THE BOARD MAY PRACTICE 16
747	747	WITHOUT A LICENSE WH ILE PRACTICING WITHI N THE SCOPE OF THE E MPLOYMENT 17
748	748	ON FEDERAL PROPERTY . 18
749	749
750	750	(C) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 19
751	751	AN AUTHORIZED SUPERV ISOR MAY SUPERVISE A N UNLICENSED INDIVID UAL 20
752	752	EMPLOYED IN THE SERV ICE OF THE FEDERAL G OVERNMENT AS A HEALT H CARE 21
753	753	PRACTITIONER WHO IS REGULATED BY THE BOARD WHILE THE INDIVIDU AL IS 22
754	754	PRACTICING WITHIN TH E SCOPE OF THE EMPLO YMENT ON FEDERAL PRO PERTY. 23
755	755
756	756	14–301. 24
757	757
758	758	(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 25
759	759	qualify for a license, an applicant shall be an individual who meets the requirements of this 26
760	760	section. 27
761	761
762	762	(b) The applicant shall be of good moral character. 28
763	763
764	764	(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 29
765	765	shall be at least 18 years old. 30
766	766
767	767	[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 31
768	768
769	769	(1) (i) Have a degree of doctor of medicine from a medical school that is 32
770	770	accredited by an accrediting organization that the Board recognizes in its regulations; and 33
771	771	SENATE BILL 218 17
772	772
773	773
774	774	(ii) Submit evidence acceptable to the Board of successful completion 1
775	775	of 1 year of training in a postgraduate medical training program that is accredited by an 2
776	776	accrediting organization that the Board recognizes in its regulations; or 3
777	777
778	778	(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 4
779	779	in the United States, its territories or possessions, Puerto Rico, or Canada that has 5
780	780	standards for graduation equivalent to those established by the American Osteopathic 6
781	781	Association; and 7
782	782
783	783	(ii) Submit evidence acceptable to the Board of successful completion 8
784	784	of 1 year of training in a postgraduate medical training program accredited by an 9
785	785	accrediting organization that the Board recognizes in its regulations.] 10
786	786
787	787	(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 11
788	788	CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 12
789	789
790	790	(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 13
791	791	[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 14
792	792	OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 15
793	793
794	794	(f) The applicant shall meet any other qualifications that the Board establishes 16
795	795	in its regulations for license applicants. 17
796	796
797	797	[(g) An otherwise qualified applicant who passes the examination after having 18
798	798	failed the examination or any part of the examination 3 or more times may qualify for a 19
799	799	license only if the applicant: 20
800	800
801	801	(1) Has successfully completed 2 or more years of a residency or fellowship 21
802	802	accredited by the Accreditation Council on Graduate Medical Education or the American 22
803	803	Osteopathic Association; 23
804	804
805	805	(2) (i) Has a minimum of 5 years of clinical practice of medicine: 24
806	806
807	807	1. In the United States or in Canada; 25
808	808
809	809	2. With at least 3 of the 5 years having occurred within 5 26
810	810	years of the date of the application; and 27
811	811
812	812	3. That occurred under a full unrestricted license to practice 28
813	813	medicine; and 29
814	814
815	815	(ii) Has no disciplinary action pending and has had no disciplinary 30
816	816	action taken against the applicant that would be grounds for discipline under § 14–404 of 31
817	817	this title; or 32
818	818
819	819	(3) Is board certified.] 33 18 SENATE BILL 218
820	820
821	821
822	822
823	823	[(h)] (G) (1) The Board shall require as part of its examination or licensing 1
824	824	procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 2
825	825	PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 3
826	826
827	827	(2) Graduation from a recognized English–speaking undergraduate school 4
828	828	or high school, including General Education Development (GED), after at least 3 years of 5
829	829	enrollment, or from a recognized English–speaking professional school is acceptable as 6
830	830	proof of proficiency in the oral communication of the English language under this section. 7
831	831
832	832	(3) By regulation, the Board shall develop a procedure for testing 8
833	833	individuals who because of their speech impairment are unable to complete satisfactorily a 9
834	834	Board approved standardized test of oral competency. 10
835	835
836	836	(4) If any disciplinary charges or action that involves a problem with the 11
837	837	oral communication of the English language are brought against a licensee under this title, 12
838	838	the Board shall require the licensee to take and pass a Board approved standardized test 13
839	839	of oral competency. 14
840	840
841	841	[(i) The applicant shall complete a criminal history records check in accordance 15
842	842	with § 14–308.1 of this subtitle. 16
843	843
844	844	(j) (1) The Board shall license an applicant to practice medicine if: 17
845	845
846	846	(i) The applicant: 18
847	847
848	848	1. Became licensed or certified as a physician in another 19
849	849	jurisdiction under requirements that the Board determines are substantially equivalent to 20
850	850	the licensing requirements of this title; 21
851	851
852	852	2. Is in good standing under the laws of the other 22
853	853	jurisdiction; 23
854	854
855	855	3. Submits an application to the Board on a form that the 24
856	856	Board requires; and 25
857	857
858	858	4. Pays to the Board an application fee set by the Board; and 26
859	859
860	860	(ii) The jurisdiction in which the applicant is licensed or certified 27
861	861	offers a similar reciprocal licensing process for individuals licensed to practice medicine by 28
862	862	the Board. 29
863	863
864	864	(2) The Board shall adopt regulations to implement this subsection.] 30
865	865
866	866	14–303. 31
867	867	SENATE BILL 218 19
868	868
869	869
870	870	[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 1
871	871
872	872	(1) Complete a criminal history records check in accordance with [§ 2
873	873	14–308.1] § 14–302 of this subtitle; 3
874	874
875	875	(2) Submits an application to the Board on the form that the Board 4
876	876	requires; and 5
877	877
878	878	(3) Pay to the Board the application fee set by the Board. 6
879	879
880	880	[(b) The Board may not release a list of applicants for licensure.] 7
881	881
882	882	14–304. 8
883	883
884	884	(b) (1) On receipt of the criminal history record information of an applicant for 9
885	885	licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 10
886	886	in determining whether to issue a license, the Board shall consider: 11
887	887
888	888	(i) The age at which the crime was committed; 12
889	889
890	890	(ii) The nature of the crime; 13
891	891
892	892	(iii) The circumstances surrounding the crime; 14
893	893
894	894	(iv) The length of time that has passed since the crime; 15
895	895
896	896	(v) Subsequent work history; 16
897	897
898	898	(vi) Employment and character references; and 17
899	899
900	900	(vii) Other evidence that demonstrates whether the applicant poses a 18
901	901	threat to the public health or safety. 19
902	902
903	903	(2) The Board may not issue a license if the criminal history record 20
904	904	information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 21
905	905
906	906	14–305. 22
907	907
908	908	(a) Except as otherwise provided in this title, a license authorizes the licensee to 23
909	909	practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 24
910	910	LICENSE ISSUED BY TH E BOARD while the license is effective. 25
911	911
912	912	(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 26
913	913	THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 27
914	914
915	915	14–306. 28 20 SENATE BILL 218
916	916
917	917
918	918
919	919	(a) (1) This subsection does not apply to a physician who is on inactive status 1
920	920	under [§ 14–320] § 14–511 of this [subtitle] TITLE or emeritus status under [§ 14–302.1] 2
921	921	§ 14–512 of this [subtitle] TITLE. 3
922	922
923	923	(2) The term of a license issued by the Board may not exceed 3 years. 4
924	924
925	925	(3) A license expires on a date set by the Board, unless the license is 5
926	926	renewed for [a] AN ADDITIONAL term as provided in this section. 6
927	927
928	928	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 7
929	929	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 8
930	930	last known electronic or physical address of the licensee[: 9
931	931
932	932	(i) A] A renewal notice that states: 10
933	933
934	934	[1.] (I) The date on which the current license expires; 11
935	935
936	936	[2.] (II) The date by which the renewal application must be 12
937	937	received by the Board for the renewal to be issued and mailed before the license expires; 13
938	938	and 14
939	939
940	940	[3.] (III) The amount of the renewal fee[; and 15
941	941
942	942	(ii) A blank panel data sheet supplied by the Health Care 16
943	943	Alternative Dispute Resolution Office]. 17
944	944
945	945	(2) If the Board chooses to send renewal notices exclusively by electronic 18
946	946	mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 19
947	947	first–class mail to a licensee on request of the licensee. 20
948	948
949	949	(c) (1) Before the license expires, the licensee periodically may renew it for an 21
950	950	additional term, if the licensee: 22
951	951
952	952	(i) Otherwise is entitled to be licensed; 23
953	953
954	954	(ii) Is of good moral character; 24
955	955
956	956	(iii) Pays to the Board a renewal fee set by the Board; [and] 25
957	957
958	958	(iv) Submits to the Board: 26
959	959
960	960	1. A renewal application on the form that the Board requires; 27
961	961	and 28
962	962
963	963	2. Satisfactory evidence of compliance with any continuing 29 SENATE BILL 218 21
964	964
965	965
966	966	education OR COMPETENCY requirements set under this section for license renewal; AND 1
967	967
968	968	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 2
969	969	REQUIREMENTS ESTABLI SHED BY THE BOARD. 3
970	970
971	971	(2) Within 30 days after a license renewal under Section 7 of the Interstate 4
972	972	Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 5
973	973	shall submit to the Board the information required under paragraph (1)(iv) of this 6
974	974	subsection. 7
975	975
976	976	(d) (1) In addition to any other qualifications and requirements established by 8
977	977	the Board, the Board may establish continuing education OR COMPETENCY requirements 9
978	978	as a condition to the renewal of licenses under this section. 10
979	979
980	980	[(2) In establishing these requirements, the Board shall evaluate existing 11
981	981	methods, devices, and programs in use among the various medical specialties and other 12
982	982	recognized medical groups. 13
983	983
984	984	(3) The Board shall adopt regulations that allow a licensee seeking renewal 14
985	985	to receive up to 5 continuing education credits per renewal period for providing 15
986	986	uncompensated, voluntary medical services during each renewal period. 16
987	987
988	988	(4) The Board may not establish or enforce these requirements if they 17
989	989	would so reduce the number of physicians in a community as to jeopardize the availability 18
990	990	of adequate medical care in that community.] 19
991	991
992	992	[(5)] (2) The Board may not establish a continuing education requirement 20
993	993	that every licensee complete a specific course or program as a condition to the renewal of a 21
994	994	license under this section. 22
995	995
996	996	[(6) A disciplinary panel may impose a civil penalty of up to $100 per 23
997	997	continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 24
998	998	first offense, for the failure of a licensee to obtain the continuing medical education credits 25
999	999	required by the Board.] 26
1000	1000
1001	1001	(e) The Board shall renew the license of each licensee who meets the 27
1002	1002	requirements of this section AND ANY ADDITIONAL REQUIREME NTS ESTABLISHED 28
1003	1003	UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 29
1004	1004	APPLICABLE. 30
1005	1005
1006	1006	[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 31
1007	1007	change in the licensee’s name or address within 60 days after the change. 32
1008	1008
1009	1009	(2) If a licensee fails to notify the secretary of the Board within the time 33
1010	1010	required under this section, the licensee is subject to an administrative penalty of $100.] 34
1011	1011	22 SENATE BILL 218
1012	1012
1013	1013
1014	1014	[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 1
1015	1015	history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 2
1016	1016
1017	1017	(i) Renewal applicants as determined by regulations adopted by the 3
1018	1018	Board; and 4
1019	1019
1020	1020	(ii) Each former licensee who files for reinstatement under [§ 14–317 5
1021	1021	of this subtitle] THIS TITLE. 6
1022	1022
1023	1023	(2) On receipt of the criminal history record information of a licensee 7
1024	1024	forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 8
1025	1025	determining whether disciplinary action should be taken, based on the criminal record 9
1026	1026	information, against a licensee who renewed or reinstated a license, the Board shall 10
1027	1027	consider: 11
1028	1028
1029	1029	(i) The age at which the crime was committed; 12
1030	1030
1031	1031	(ii) The nature of the crime; 13
1032	1032
1033	1033	(iii) The circumstances surrounding the crime; 14
1034	1034
1035	1035	(iv) The length of time that has passed since the crime; 15
1036	1036
1037	1037	(v) Subsequent work history; 16
1038	1038
1039	1039	(vi) Employment and character references; and 17
1040	1040
1041	1041	(vii) Other evidence that demonstrates whether the licensee poses a 18
1042	1042	threat to the public health or safety. 19
1043	1043
1044	1044	(3) The Board may renew or reinstate a license only if the licensee or 20
1045	1045	applicant attests that the licensee or applicant has submitted to a criminal history records 21
1046	1046	check under [§ 14–308.1] § 14–302 of this subtitle. 22
1047	1047
1048	1048	14–307. 23
1049	1049
1050	1050	The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 24
1051	1051	to renew the license for any reason, is on inactive status under [§ 14–320] § 14–511 of this 25
1052	1052	[subtitle] TITLE, or is on emeritus status under [§ 14–320.1] § 14–512 of this [subtitle] 26
1053	1053	TITLE if the [physician] INDIVIDUAL: 27
1054	1054
1055	1055	(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 28
1056	1056	AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 29
1057	1057	5E, 5F, 5G, OR 5H OF THIS TITLE; 30
1058	1058
1059	1059	(2) SUBMITS A REINSTATEMENT APPL ICATION ON THE FORM THAT 31 SENATE BILL 218 23
1060	1060
1061	1061
1062	1062	THE BOARD REQUIRES ; 1
1063	1063
1064	1064	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 2
1065	1065
1066	1066	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 3
1067	1067	the qualifications and requirements established under this title for license reinstatements; 4
1068	1068	AND 5
1069	1069
1070	1070	(5) MEETS ANY ADDITIONAL LICEN SE REINSTATEMENT 6
1071	1071	REQUIREMENTS ESTABLI SHED BY THE BOARD. 7
1072	1072
1073	1073	14–401.1. 8
1074	1074
1075	1075	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 9
1076	1076	subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 10
1077	1077	this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 11
1078	1078	the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 12
1079	1079	disciplinary panel. 13
1080	1080
1081	1081	[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 14
1082	1082	enter into a written contract with an entity or individual for confidential physician peer 15
1083	1083	review of allegations based on § 14–404(a)(22) of this subtitle. 16
1084	1084
1085	1085	(2) A peer reviewer shall: 17
1086	1086
1087	1087	(i) Be board certified; 18
1088	1088
1089	1089	(ii) Have special qualifications to judge the matter at hand; 19
1090	1090
1091	1091	(iii) Have received a specified amount of medical experience and 20
1092	1092	training; 21
1093	1093
1094	1094	(iv) Have no formal actions against the peer reviewer’s own license; 22
1095	1095
1096	1096	(v) Receive training in peer review; 23
1097	1097
1098	1098	(vi) Have a standard format for peer review reports; and 24
1099	1099
1100	1100	(vii) To the extent practicable, be licensed and engaged in the practice 25
1101	1101	of medicine in the State. 26
1102	1102
1103	1103	(3) The Board may consult with the appropriate specialty health care 27
1104	1104	provider societies in the State to obtain a list of physicians qualified to provide peer review 28
1105	1105	services. 29
1106	1106
1107	1107	(4)] For purposes of peer review, the Board may use sole source 30 24 SENATE BILL 218
1108	1108
1109	1109
1110	1110	procurement under § 13–107 of the State Finance and Procurement Article. 1
1111	1111
1112	1112	[(5)] (2) The hearing of charges may not be stayed or challenged because 2
1113	1113	of the selection of peer reviewers under this subsection before the filing of charges. 3
1114	1114
1115	1115	[(f)] (C) (1) The entity or individual peer reviewer with which the Board 4
1116	1116	contracts under subsection [(e)] (B) of this section OR § 14–515 OF THIS TITLE shall have 5
1117	1117	90 days for completion of peer review. 6
1118	1118
1119	1119	(2) The entity or individual peer reviewer may apply to the Board for an 7
1120	1120	extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection. 8
1121	1121
1122	1122	(3) If an extension is not granted, and 90 days have elapsed, the Board may 9
1123	1123	contract with any other entity or individual who meets the requirements of subsection 10
1124	1124	[(e)(2)] (B)(2) of this section for the services of peer review. 11
1125	1125
1126	1126	(4) If an extension has been granted, and 120 days have elapsed, the Board 12
1127	1127	may contract with any other entity or individual who meets the requirements of subsection 13
1128	1128	[(e)(2)] (B)(2) of this section for the services of peer review. 14
1129	1129
1130	1130	[(g)] (D) The Board shall issue a request for proposals and enter into a written 15
1131	1131	contract with a nonprofit entity to provide rehabilitation services for physicians or other 16
1132	1132	allied health professionals directed by the Board to receive rehabilitation services. 17
1133	1133
1134	1134	[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 18
1135	1135	matters and the mediation of fee disputes coming before it, the Board may contract with an 19
1136	1136	entity or entities for the purchase of investigatory, mediation, and related services. 20
1137	1137
1138	1138	(2) Services that may be contracted for under this subsection include the 21
1139	1139	services of: 22
1140	1140
1141	1141	(i) Investigators; 23
1142	1142
1143	1143	(ii) Attorneys; 24
1144	1144
1145	1145	(iii) Accountants; 25
1146	1146
1147	1147	(iv) Expert witnesses; 26
1148	1148
1149	1149	(v) Consultants; and 27
1150	1150
1151	1151	(vi) Mediators. 28
1152	1152
1153	1153	[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 29
1154	1154	oaths in connection with any investigation under this section and any hearing or proceeding 30
1155	1155	before it. 31 SENATE BILL 218 25
1156	1156
1157	1157
1158	1158
1159	1159	[(j)] (G) (1) It is the intent of this section that the disposition of every 1
1160	1160	complaint against a licensee that sets forth allegations of grounds for disciplinary action 2
1161	1161	filed with the Board shall be completed as expeditiously as possible and, in any event, 3
1162	1162	within 18 months after the complaint was received by the Board. 4
1163	1163
1164	1164	(2) If a disciplinary panel is unable to complete the disposition of a 5
1165	1165	complaint within 1 year, the Board shall include in the record of that complaint a detailed 6
1166	1166	explanation of the reason for the delay. 7
1167	1167
1168	1168	[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 8
1169	1169	health professional to discuss the proposed disposition of a complaint, shall provide an 9
1170	1170	opportunity to appear before the disciplinary panel to both the licensee who has been 10
1171	1171	charged and the individual who has filed the complaint against the licensee giving rise to 11
1172	1172	the charge. 12
1173	1173
1174	1174	14–401.2. 13
1175	1175
1176	1176	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 14
1177	1177	relief against an individual for: 15
1178	1178
1179	1179	(1) Practicing a profession regulated under this title [or Title 15 of this 16
1180	1180	article] without a license OR WITH AN UNAUTHORI ZED PERSON; 17
1181	1181
1182	1182	(2) Representing to the public, by title, description of services, methods, 18
1183	1183	procedures, or otherwise, that the individual is authorized to practice: 19
1184	1184
1185	1185	(i) Medicine in this State, in violation of [§ 14–602] § 14–529 of this 20
1186	1186	title; 21
1187	1187
1188	1188	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 22
1189	1189	title; 23
1190	1190
1191	1191	(iii) Radiation therapy, radiography, nuclear medicine technology, or 24
1192	1192	radiation assistance in this State, in violation of § 14–5B–18 of this title; 25
1193	1193
1194	1194	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 26
1195	1195	title; 27
1196	1196
1197	1197	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 28
1198	1198	title; 29
1199	1199
1200	1200	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 30
1201	1201
1202	1202	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 31
1203	1203	of this title; [or] 32 26 SENATE BILL 218
1204	1204
1205	1205
1206	1206
1207	1207	(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATIONS OF § 1
1208	1208	14–5G–24 OF THIS TITLE; OR 2
1209	1209
1210	1210	(IX) As a physician assistant in this State, in violation of [§ 15–402 of 3
1211	1211	this article] § 14–5H–19 OF THIS TITLE; or 4
1212	1212
1213	1213	(3) Taking any action: 5
1214	1214
1215	1215	(i) For which a disciplinary panel determines there is a 6
1216	1216	preponderance of evidence of grounds for discipline under [§ 14–404] § 14–516 of this title; 7
1217	1217	and 8
1218	1218
1219	1219	(ii) That poses a serious risk to the health, safety, and welfare of a 9
1220	1220	patient. 10
1221	1221
1222	1222	14–402. 11
1223	1223
1224	1224	(a) In reviewing an application for licensure or in investigating an allegation 12
1225	1225	brought against a licensed physician or any allied health professional regulated by the 13
1226	1226	Board under this title, the [Physician] Rehabilitation Program may request the Board to 14
1227	1227	direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 15
1228	1228	physician or any allied health professional regulated by the Board under this title to submit 16
1229	1229	to an appropriate examination. 17
1230	1230
1231	1231	(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 18
1232	1232	to submit to an examination is prima facie evidence of the licensed individual’s OR 19
1233	1233	APPLICANT’S inability to practice medicine or the respective discipline competently, unless 20
1234	1234	the Board or disciplinary panel finds that the failure or refusal was beyond the control of 21
1235	1235	the licensed individual OR APPLICANT . 22
1236	1236
1237	1237	(d) The Board shall pay the costs of any examination OF A LICENSEE made under 23
1238	1238	this section. 24
1239	1239
1240	1240	(e) (1) The Board or the entity or entities with which the Board contracts shall 25
1241	1241	appoint the members of the [Physician] Rehabilitation Program. 26
1242	1242
1243	1243	(2) The chair of the Board shall appoint one member of the Board to serve 27
1244	1244	as a liaison to the [Physician] Rehabilitation Program. 28
1245	1245
1246	1246	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 29
1247	1247	Auditor as provided in § 2–1220 of the State Government Article. 30
1248	1248
1249	1249	14–403. 31
1250	1250
1251	1251	(a) Unless a disciplinary panel agrees to accept the surrender of a license, 32 SENATE BILL 218 27
1252	1252
1253	1253
1254	1254	certification, or registration of an individual the Board regulates, the individual may not 1
1255	1255	surrender the license, certification, or registration nor may the license, certification, or 2
1256	1256	registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 3
1257	1257	DISCIPLINE while the individual is under investigation or while charges are pending. 4
1258	1258
1259	1259	14–404. 5
1260	1260
1261	1261	SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 6
1262	1262	PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 7
1263	1263	LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 8
1264	1264	APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 9
1265	1265	FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–516, § 10
1266	1266	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 11
1267	1267	14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 12
1268	1268
1269	1269	14–405. 13
1270	1270
1271	1271	(a) Except as otherwise provided in the Administrative Procedure Act, before the 14
1272	1272	Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 15
1273	1273	or [§ 14–205(b)(3)] § 14–516(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 16
1274	1274	14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 17
1275	1275	it shall give the individual against whom the action is contemplated an opportunity for a 18
1276	1276	hearing before a hearing officer. 19
1277	1277
1278	1278	[(g)] (F) The hearing of charges may not be stayed or challenged by any 20
1279	1279	procedural defects alleged to have occurred prior to the filing of charges. 21
1280	1280
1281	1281	14–406. 22
1282	1282
1283	1283	(a) Following the filing of charges, if a majority of the quorum of a disciplinary 23
1284	1284	panel finds that there are grounds for action under [§ 14–404] § 14–516, § 14–5A–17, § 24
1285	1285	14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 25
1286	1286	14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 26
1287	1287	with the Administrative Procedure Act. 27
1288	1288
1289	1289	(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 28
1290	1290	of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 29
1291	1291	14–516, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 30
1292	1292	§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 31
1293	1293
1294	1294	(1) Immediately shall dismiss the charges and exonerate the licensee; 32
1295	1295
1296	1296	(2) (i) Except as provided in item (ii) of this item, shall expunge all 33
1297	1297	records of the charges 3 years after the charges are dismissed; or 34
1298	1298	28 SENATE BILL 218
1299	1299
1300	1300
1301	1301	(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 1
1302	1302	a document releasing the Board from any liability related to the charges, shall immediately 2
1303	1303	expunge all records of the charges; and 3
1304	1304
1305	1305	(3) May not take any further action on the charges. 4
1306	1306
1307	1307	14–409. 5
1308	1308
1309	1309	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 6
1310	1310	ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 7
1311	1311	PANEL, may reinstate the license of an individual whose license has been surrendered or 8
1312	1312	revoked under this title only in accordance with: 9
1313	1313
1314	1314	(i) The terms and conditions of the order of revocation or letter of 10
1315	1315	surrender; 11
1316	1316
1317	1317	(ii) An order of reinstatement issued by the disciplinary panel; or 12
1318	1318
1319	1319	(iii) A final judgment in any proceeding for review. 13
1320	1320
1321	1321	(2) If a license is surrendered or revoked for a period of more than 1 year, 14
1322	1322	[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 15
1323	1323
1324	1324	(i) Meets the requirements for reinstatement as established by the 16
1325	1325	Board; and 17
1326	1326
1327	1327	(ii) Completes a criminal history records check in accordance with [§ 18
1328	1328	14–308.1] § 14–302 of this title. 19
1329	1329
1330	1330	(c) If an order of revocation is based on [§ 14–404(b)] § 14–516(B), § 20
1331	1331	14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 21
1332	1332	14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 22
1333	1333	conviction or plea subsequently is overturned at any stage of an appeal or other 23
1334	1334	postconviction proceeding, the revocation ends when the conviction or plea is overturned. 24
1335	1335
1336	1336	14–411. 25
1337	1337
1338	1338	(d) The Board shall disclose any information contained in a record to: 26
1339	1339
1340	1340	(1) A committee of a hospital, health maintenance organization, or related 27
1341	1341	institution if: 28
1342	1342
1343	1343	(i) The committee of a medical hospital staff concerned with 29
1344	1344	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 30
1345	1345	organization, or related institution requests the information in writing; 31
1346	1346	SENATE BILL 218 29
1347	1347
1348	1348
1349	1349	(ii) A disciplinary panel has issued an order as to a [licensed 1
1350	1350	physician] LICENSEE on whom the information is requested; and 2
1351	1351
1352	1352	(iii) The Board determines that the information requested is 3
1353	1353	necessary for an investigation or action of the committee as to a medical privilege of a 4
1354	1354	[licensed physician] LICENSEE; or 5
1355	1355
1356	1356	(2) The Secretary, the Office of Health Care Quality in the Department, 6
1357	1357	the Maryland Health Care Commission, or the Health Services Cost Review Commission 7
1358	1358	for the purpose of investigating quality or utilization of care in any entity regulated by the 8
1359	1359	Office of Health Care Quality or the Health Services Cost Review Commission. 9
1360	1360
1361	1361	(g) (1) The Board shall notify all hospitals, health maintenance organizations, 10
1362	1362	or other health care facilities where a [physician or an allied health professional] 11
1363	1363	LICENSEE regulated by the Board has privileges, has a provider contract with a health 12
1364	1364	maintenance organization, or is employed of a complaint or report filed against that 13
1365	1365	[physician] LICENSEE, if: 14
1366	1366
1367	1367	(i) The Board determines, in its discretion, that the hospital, health 15
1368	1368	maintenance organization, or health care facility should be informed about the report or 16
1369	1369	complaint; 17
1370	1370
1371	1371	(ii) The nature of the complaint suggests a reasonable possibility of 18
1372	1372	an imminent threat to patient safety; or 19
1373	1373
1374	1374	(iii) The complaint or report was as a result of a claim filed in the 20
1375	1375	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 21
1376	1376	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 22
1377	1377
1378	1378	(2) The Board shall disclose any information pertaining to a [physician’s] 23
1379	1379	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 24
1380	1380	to a committee of a hospital, health maintenance organization, or other health care facility 25
1381	1381	if: 26
1382	1382
1383	1383	(i) The committee is concerned with [physician] LICENSEE 27
1384	1384	discipline and requests the information in writing; and 28
1385	1385
1386	1386	(ii) The Board has received a complaint or report pursuant to 29
1387	1387	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 30
1388	1388	the information is requested. 31
1389	1389
1390	1390	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 32
1391	1391	this subtitle, notify those hospitals, health maintenance organizations, or health care 33
1392	1392	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 34
1393	1393	health maintenance organization, or is employed of its formal action within 10 days after 35
1394	1394	the action is taken and shall provide the hospital, health maintenance organization, or 36 30 SENATE BILL 218
1395	1395
1396	1396
1397	1397	health care facility with periodic reports as to enforcement or monitoring of a formal 1
1398	1398	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 2
1399	1399	reports. 3
1400	1400
1401	1401	(h) On the request of a person who has made a complaint to the Board regarding 4
1402	1402	a [physician] LICENSEE, the Board shall provide the person with information on the status 5
1403	1403	of the complaint. 6
1404	1404
1405	1405	(j) The Board may disclose any information contained in a record to a licensing 7
1406	1406	or disciplinary authority of another state if: 8
1407	1407
1408	1408	(1) The licensing or disciplinary authority of another state that regulates 9
1409	1409	[licensed physicians] LICENSEES in that state requests the information in writing; and 10
1410	1410
1411	1411	(2) The disclosure of any information is limited to the pendency of an 11
1412	1412	allegation of a ground for disciplinary or other action by a disciplinary panel until: 12
1413	1413
1414	1414	(i) The disciplinary panel has passed an order under § 14–406 of 13
1415	1415	this subtitle; or 14
1416	1416
1417	1417	(ii) A [licensed physician] LICENSEE on whom the information is 15
1418	1418	requested authorizes a disclosure as to the facts of an allegation or the results of an 16
1419	1419	investigation before the Board. 17
1420	1420
1421	1421	(k) The Board may disclose any information contained in a record to a person if: 18
1422	1422
1423	1423	(1) A [licensed physician] LICENSEE on whom any information is 19
1424	1424	requested authorizes the person to receive the disclosure; 20
1425	1425
1426	1426	(2) The person requests the information in writing; and 21
1427	1427
1428	1428	(3) The authorization for the disclosure is in writing. 22
1429	1429
1430	1430	(p) (1) The Board may publish a summary of any allegations of grounds for 23
1431	1431	disciplinary or other action. 24
1432	1432
1433	1433	(2) A summary may not identify: 25
1434	1434
1435	1435	(i) Any person who makes an allegation to the Board or any of its 26
1436	1436	investigatory bodies; 27
1437	1437
1438	1438	(ii) A [licensed physician] LICENSEE about whom an allegation is 28
1439	1439	made; or 29
1440	1440
1441	1441	(iii) A witness in an investigation or a proceeding before the Board or 30
1442	1442	any of its investigatory bodies. 31
1443	1443	SENATE BILL 218 31
1444	1444
1445	1445
1446	1446	14–411.1. 1
1447	1447
1448	1448	(b) The Board shall create and maintain a public individual profile on each 2
1449	1449	licensee that includes the following information: 3
1450	1450
1451	1451	(1) A summary of charges filed against the licensee, including a copy of the 4
1452	1452	charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–516 5
1453	1453	of this [subtitle] TITLE based on the charges or has rescinded the charges; 6
1454	1454
1455	1455	(2) A description of any disciplinary action taken by the Board or a 7
1456	1456	disciplinary panel against the licensee within the most recent 10–year period that includes 8
1457	1457	a copy of the public order; 9
1458	1458
1459	1459	(3) A description in summary form of any final disciplinary action taken by 10
1460	1460	a licensing board in any other state or jurisdiction against the licensee within the most 11
1461	1461	recent 10–year period; 12
1462	1462
1463	1463	(4) A description of a conviction or entry of a plea of guilty or nolo 13
1464	1464	contendere by the licensee for a crime involving moral turpitude reported to the Board 14
1465	1465	under § 14–416 of this subtitle; and 15
1466	1466
1467	1467	[(5) As reported to the Board by the licensee, education and practice 16
1468	1468	information about the licensee including: 17
1469	1469
1470	1470	(i) The name of any medical school that the licensee attended and 18
1471	1471	the date on which the licensee graduated from the school; 19
1472	1472
1473	1473	(ii) A description of any internship and residency training; 20
1474	1474
1475	1475	(iii) A description of any specialty board certification by a recognized 21
1476	1476	board of the Association; American Board of Medical Specialties or the American 22
1477	1477	Osteopathic Association; 23
1478	1478
1479	1479	(iv) The name of any hospital where the licensee has medical 24
1480	1480	privileges; 25
1481	1481
1482	1482	(v) The location of the licensee’s primary practice setting; 26
1483	1483
1484	1484	(vi) Whether the licensee participates in the Maryland Medical 27
1485	1485	Assistance Program; 28
1486	1486
1487	1487	(vii) Whether the licensee maintains medical professional liability 29
1488	1488	insurance; and 30
1489	1489
1490	1490	(viii) The number of medical malpractice final court judgments and 31
1491	1491	arbitration awards against the licensee within the most recent 10–year period.] 32
1492	1492	32 SENATE BILL 218
1493	1493
1494	1494
1495	1495	(5) FOR A PHYSICIAN, THE INFORMATION REQUIRED UNDER § 14–517 1
1496	1496	OF THIS TITLE. 2
1497	1497
1498	1498	(c) In addition to the requirements of subsection (b) of this section, the Board 3
1499	1499	shall: 4
1500	1500
1501	1501	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 5
1502	1502	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 6
1503	1503	BOARD’S WEBSITE. 7
1504	1504
1505	1505	(2) Provide appropriate and accessible Internet links from the Board’s 8
1506	1506	[Internet site] WEBSITE: 9
1507	1507
1508	1508	(i) To the extent available, to the appropriate portion of the 10
1509	1509	[Internet site] WEBSITE of each health maintenance organization licensed in this State 11
1510	1510	which will allow the public to ascertain the names of the physicians affiliated with the 12
1511	1511	health maintenance organization; and 13
1512	1512
1513	1513	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 14
1514	1514	American Medical Association; 15
1515	1515
1516	1516	[(2)] (3) Include a statement on each licensee’s profile of information to 16
1517	1517	be taken into consideration by a consumer when viewing a licensee’s profile, including 17
1518	1518	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 18
1519	1519	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 19
1520	1520	and 20
1521	1521
1522	1522	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 21
1523	1523
1524	1524	(i) Notification that a person may contact the Board by telephone, 22
1525	1525	electronic mail, or written request to find out whether the number of medical malpractice 23
1526	1526	settlements involving a particular licensee totals three or more with a settlement amount 24
1527	1527	of $150,000 or greater within the most recent 5–year period as reported to the Board; and 25
1528	1528
1529	1529	(ii) A telephone number, electronic mail address, and physical 26
1530	1530	address through which a person may contact the Board to request the information required 27
1531	1531	to be provided under item (i) of this item. 28
1532	1532
1533	1533	(d) The Board: 29
1534	1534
1535	1535	(1) On receipt of a written request for a licensee’s profile from any person, 30
1536	1536	shall forward a written copy of the profile to the person; 31
1537	1537
1538	1538	(2) Shall maintain a website that serves as a single point of entry where 32
1539	1539	all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 33
1540	1540	public on the Internet; and 34 SENATE BILL 218 33
1541	1541
1542	1542
1543	1543
1544	1544	(3) On receipt of a verbal, electronic, or written request in accordance with 1
1545	1545	subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 2
1546	1546	days of the request. 3
1547	1547
1548	1548	14–413. 4
1549	1549
1550	1550	(A) A person may not make any false statement, report, or representation to the 5
1551	1551	Board or a disciplinary panel. 6
1552	1552
1553	1553	(B) (1) A PERSON WHO VIOLATED ANY PROVISION OF THI S SUBTITLE IS 7
1554	1554	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 8
1555	1555	EXCEEDING $5,000 OR IMPRISONMENT NOT EXC EEDING 5 YEARS OR BOTH . 9
1556	1556
1557	1557	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
1558	1558	SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
1559	1559
1560	1560	14–416. 12
1561	1561
1562	1562	(a) Each court shall report to the Board each conviction of or entry of a plea of 13
1563	1563	guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 14
1564	1564	turpitude. 15
1565	1565
1566	1566	14–417. 16
1567	1567
1568	1568	(A) (1) EACH LICENSEE SHALL N OTIFY THE BOARD IN WRITING OF A NY 17
1569	1569	CHANGE IN THE LICENS EE’S NAME OR ADDRESS WI THIN 60 DAYS AFTER THE 18
1570	1570	CHANGE. 19
1571	1571
1572	1572	(2) IF THE LICENSEE FAILS TO NOTIFY THE BOARD WITHIN THE TIME 20
1573	1573	REQUIRED UNDER THIS SECTION, THE LICENSEE IS SUBJECT TO AN 21
1574	1574	ADMINISTRATIVE PENAL TY OF $100. 22
1575	1575
1576	1576	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 23
1577	1577	PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 24
1578	1578	OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 25
1579	1579	EDUCATION CREDIT REQ UIRED BY THE BOARD. 26
1580	1580
1581	1581	Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 27
1582	1582
1583	1583	14–502. 28
1584	1584
1585	1585	Subject to the rules, regulations, and orders of the Board, the following individuals 29
1586	1586	may practice medicine without a license: 30
1587	1587	34 SENATE BILL 218
1588	1588
1589	1589
1590	1590	(1) A medical student or an individual in a postgraduate medical training 1
1591	1591	program that is accredited by an accrediting organization recognized by the Board in 2
1592	1592	regulations, while the individual is practicing medicine in the program and doing the 3
1593	1593	assigned duties at any office of a licensed physician, hospital, clinic, or similar facility; 4
1594	1594
1595	1595	(2) A physician licensed by and residing in another jurisdiction, if the 5
1596	1596	physician: 6
1597	1597
1598	1598	(i) Is engaged in consultation with a physician licensed in the State 7
1599	1599	about a particular patient and does not direct patient care; 8
1600	1600
1601	1601	(ii) 1. Has an active, unrestricted license to practice medicine in 9
1602	1602	the jurisdiction where the physician regularly engages in the practice of medicine; 10
1603	1603
1604	1604	2. Is employed by or has a written agreement with an athletic 11
1605	1605	team or a sports team based outside the State; 12
1606	1606
1607	1607	3. Is designated as the team physician by the athletic or 13
1608	1608	sports team to provide medical care to the team’s members, band members, cheerleading 14
1609	1609	squad, mascot, coaches, and other staff who travel to a specified sporting event taking place 15
1610	1610	in the State; 16
1611	1611
1612	1612	4. While in the State, provides medical care only to 17
1613	1613	individuals listed in item 3 of this item; 18
1614	1614
1615	1615	5. Does not provide medical care in the State for more than 19
1616	1616	45 days in a calendar year; and 20
1617	1617
1618	1618	6. Does not engage in the practice of medicine at a hospital, 21
1619	1619	related institution, or other health care facility, including an acute care facility, located 22
1620	1620	within the State; or 23
1621	1621
1622	1622	(iii) Is engaged in clinical training or participates in training or 24
1623	1623	teaching of a skill or procedure in a hospital if: 25
1624	1624
1625	1625	1. The skill or procedure: 26
1626	1626
1627	1627	A. Is advanced beyond those skills or procedures normally 27
1628	1628	taught or exercised in the hospital and in standard medical education or training; 28
1629	1629
1630	1630	B. Could not be otherwise conveniently taught or 29
1631	1631	demonstrated in standard medical education or training in that hospital; and 30
1632	1632
1633	1633	C. Is likely to benefit Maryland patients in this instance; 31
1634	1634
1635	1635	2. The demonstration of all skills or procedures by the 32
1636	1636	physician does not exceed 14 days total in the calendar year; 33 SENATE BILL 218 35
1637	1637
1638	1638
1639	1639
1640	1640	3. A licensed physician who practices at a hospital in the 1
1641	1641	State will be responsible for the medical care provided by that visiting physician to patients 2
1642	1642	in the State; 3
1643	1643
1644	1644	4. The visiting physician has no history of any medical 4
1645	1645	disciplinary action in any other state, territory, nation, or any branch of the United States 5
1646	1646	uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 6
1647	1647	AFFAIRS, and has no significant detrimental malpractice history; 7
1648	1648
1649	1649	5. The physician is covered by malpractice insurance in the 8
1650	1650	jurisdiction in which the physician practices; and 9
1651	1651
1652	1652	6. The hospital ensures that the patients will be protected by 10
1653	1653	adequate malpractice insurance; 11
1654	1654
1655	1655	[(3) A physician employed in the service of the federal government while 12
1656	1656	performing the duties incident to that employment;] 13
1657	1657
1658	1658	[(4)] (3) A physician who resides in and is authorized to practice medicine 14
1659	1659	by any state adjoining this State for the purpose of prescribing home health services to a 15
1660	1660	patient who resides in this State, if the physician: 16
1661	1661
1662	1662	(i) Does not have an office or other regularly appointed place in this 17
1663	1663	State to meet patients; and 18
1664	1664
1665	1665	(ii) Has performed an in–person physical examination of the patient 19
1666	1666	within the jurisdictional boundaries of the adjoining state in which the prescribing 20
1667	1667	physician is authorized to practice medicine; and 21
1668	1668
1669	1669	[(5)] (4) An individual while under the supervision of a licensed physician 22
1670	1670	who has specialty training in psychiatry, and whose specialty training in psychiatry has 23
1671	1671	been approved by the Board, if the individual submits an application to the Board on or 24
1672	1672	before October 1, 1993, and either: 25
1673	1673
1674	1674	(i) 1. Has a master’s degree from an accredited college or 26
1675	1675	university; and 27
1676	1676
1677	1677	2. Has completed a graduate program accepted by the Board 28
1678	1678	in a behavioral science that includes 1,000 hours of supervised clinical psychotherapy 29
1679	1679	experience; or 30
1680	1680
1681	1681	(ii) 1. Has a baccalaureate degree from an accredited college or 31
1682	1682	university; and 32
1683	1683
1684	1684	2. Has 4,000 hours of supervised clinical experience that is 33 36 SENATE BILL 218
1685	1685
1686	1686
1687	1687	approved by the Board. 1
1688	1688
1689	1689	14–503. 2
1690	1690
1691	1691	(c) (1) The Board shall adopt rules and regulations to delineate the scope of 3
1692	1692	this section. 4
1693	1693
1694	1694	(2) Before it adopts any rule or regulation under this section, the Board 5
1695	1695	shall invite and consider proposals from any individual or health group that could be 6
1696	1696	affected by the rule or regulation. 7
1697	1697
1698	1698	(e) Except as otherwise provided in this section, an individual may perform 8
1699	1699	X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 9
1700	1700
1701	1701	(1) Do not include: 10
1702	1702
1703	1703	(i) Computerized or noncomputerized tomography; 11
1704	1704
1705	1705	(ii) Fluoroscopy; 12
1706	1706
1707	1707	(iii) Invasive radiology; 13
1708	1708
1709	1709	(iv) Mammography; 14
1710	1710
1711	1711	(v) Nuclear medicine; 15
1712	1712
1713	1713	(vi) Radiation therapy; or 16
1714	1714
1715	1715	(vii) Xerography; 17
1716	1716
1717	1717	(2) Are limited to X–ray procedures of the: 18
1718	1718
1719	1719	(i) Chest, anterior–posterior and lateral; 19
1720	1720
1721	1721	(ii) Spine, anterior–posterior and lateral; or 20
1722	1722
1723	1723	(iii) Extremities, anterior–posterior and lateral, not including the 21
1724	1724	head; and 22
1725	1725
1726	1726	(3) Are performed: 23
1727	1727
1728	1728	(i) By an individual who is not employed primarily to perform 24
1729	1729	X–ray duties; 25
1730	1730
1731	1731	(ii) In the medical office of the physician who delegates the duties; 26
1732	1732	and 27
1733	1733	SENATE BILL 218 37
1734	1734
1735	1735
1736	1736	(iii) 1. By an individual who, before October 1, 2002, has: 1
1737	1737
1738	1738	A. Taken a course consisting of at least 30 hours of training 2
1739	1739	in performing X–ray procedures approved by the Maryland Radiological Society in 3
1740	1740	consultation with the Maryland Society of Radiologic Technologists; and 4
1741	1741
1742	1742	B. Successfully passed an examination based on that course 5
1743	1743	that has been approved by the Maryland Radiological Society in consultation with the 6
1744	1744	Maryland Society of Radiologic Technologists; or 7
1745	1745
1746	1746	2. By a licensed physician assistant who has completed a 8
1747	1747	course that includes anterior–posterior and lateral radiographic studies of extremities on 9
1748	1748	at least 20 separate patients under the direct supervision of the delegating physician or 10
1749	1749	radiologist using a mini C–arm or similar low–level radiation machine to perform 11
1750	1750	nonfluoroscopic X–ray procedures, if the duties: 12
1751	1751
1752	1752	A. Include only the X–ray procedures described in paragraph 13
1753	1753	(2)(iii) of this subsection; and 14
1754	1754
1755	1755	B. Are performed pursuant to a Board–approved delegation 15
1756	1756	agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 16
1757	1757	14–5H–08(C)(2) of this [article] TITLE. 17
1758	1758
1759	1759	14–504. 18
1760	1760
1761	1761	(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 19
1762	1762	THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 20
1763	1763	REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 21
1764	1764
1765	1765	(B) EXCEPT AS PROVIDED IN § 14–505 OF THE SUBTITLE , THE APPLICANT 22
1766	1766	SHALL: 23
1767	1767
1768	1768	(1) (I) HAVE A DEGREE OF DOCTOR OF MEDICINE FROM A 24
1769	1769	MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 25
1770	1770	THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 26
1771	1771
1772	1772	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 27
1773	1773	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POS TGRADUATE MEDICAL 28
1774	1774	TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 29
1775	1775	THAT THE BOARD RECOGNIZES IN ITS REGULATIONS ; OR 30
1776	1776
1777	1777	(2) (I) HAVE A DEGREE OF DOCTOR OF OSTEOPATHY FROM A 31
1778	1778	SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 32
1779	1779	POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 33
1780	1780	EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 34 38 SENATE BILL 218
1781	1781
1782	1782
1783	1783	ASSOCIATION; AND 1
1784	1784
1785	1785	(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 2
1786	1786	SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAIN ING IN A POSTGRADUAT E MEDICAL 3
1787	1787	TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 4
1788	1788	BOARD RECOGNIZES IN I TS REGULATIONS . 5
1789	1789
1790	1790	(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 6
1791	1791	MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 7
1792	1792	AFTER HAVING FAILED THE EXAMINATION OR ANY P ART OF THE EXAMINATI ON 8
1793	1793	THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 9
1794	1794
1795	1795	(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEAR S OF A 10
1796	1796	RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 11
1797	1797	GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 12
1798	1798
1799	1799	(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 13
1800	1800	MEDICINE: 14
1801	1801
1802	1802	1. IN THE UNITED STATES OR IN CANADA; 15
1803	1803
1804	1804	2. WITH A LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 16
1805	1805	WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 17
1806	1806
1807	1807	3. THAT OCCURRED UNDER A FULL UNRESTRICTED 18
1808	1808	LICENSE TO PRACTICE MEDICINE; AND 19
1809	1809
1810	1810	(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 20
1811	1811	DISCIPLINARY ACTION TAKEN AG AINST THE APPLICANT THAT WOULD BE GROUND S 21
1812	1812	FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 22
1813	1813
1814	1814	(3) IS BOARD CERTIFIED. 23
1815	1815
1816	1816	(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 24
1817	1817	MEDICINE IF: 25
1818	1818
1819	1819	(I) THE APPLICANT: 26
1820	1820
1821	1821	1. BECAME LICENSED OR CERTIFIED A S A PHYSICIAN IN 27
1822	1822	ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 28
1823	1823	ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 29
1824	1824	TITLE; 30
1825	1825
1826	1826	2. IS IN GOOD STANDING U NDER THE LAWS OF THE 31 SENATE BILL 218 39
1827	1827
1828	1828
1829	1829	OTHER JURISDICTION ; 1
1830	1830
1831	1831	3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 2
1832	1832	THAT THE BOARD REQUIRES ; AND 3
1833	1833
1834	1834	4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 4
1835	1835	THE BOARD; AND 5
1836	1836
1837	1837	(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 6
1838	1838	OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 7
1839	1839	INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 8
1840	1840
1841	1841	(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 9
1842	1842	SUBSECTION. 10
1843	1843
1844	1844	(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 11
1845	1845	FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 12
1846	1846	METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 13
1847	1847	SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 14
1848	1848
1849	1849	(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 15
1850	1850	LICENSEE SEEKING REN EWAL TO RECEIVE UP TO FIVE CONTINUING EDUCATION 16
1851	1851	CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 17
1852	1852	MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 18
1853	1853
1854	1854	(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 19
1855	1855	REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 20
1856	1856	COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 21
1857	1857	THAT COMMUNITY . 22
1858	1858
1859	1859	14–505. 23
1860	1860
1861	1861	(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 24
1862	1862	educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 25
1863	1863	subtitle, if the applicant: 26
1864	1864
1865	1865	(1) Has studied medicine at a foreign medical school; 27
1866	1866
1867	1867	(2) Is certified by the Educational Commission for Foreign Medical 28
1868	1868	Graduates or by its successor as approved by the Board; 29
1869	1869
1870	1870	(3) Passes a qualifying examination for foreign medical school graduates 30
1871	1871	required by the Board; 31
1872	1872
1873	1873	(4) Meets any other qualifications for foreign medical school graduates that 32 40 SENATE BILL 218
1874	1874
1875	1875
1876	1876	the Board establishes in its regulation for licensing of applicants; 1
1877	1877
1878	1878	(5) Submits acceptable evidence to the Board of the requirements set in the 2
1879	1879	Board’s regulations; and 3
1880	1880
1881	1881	(6) Meets one of the following requirements: 4
1882	1882
1883	1883	(i) The applicant graduated from any foreign medical school and 5
1884	1884	submits evidence acceptable to the Board of successful completion of 2 years of training in 6
1885	1885	a postgraduate medical education program accredited by an accrediting organization 7
1886	1886	recognized by the Board; or 8
1887	1887
1888	1888	(ii) The applicant successfully completed a fifth pathway program 9
1889	1889	and submits evidence acceptable to the Board that the applicant: 10
1890	1890
1891	1891	1. Has a document issued by the foreign medical school 11
1892	1892	certifying that the applicant completed all of the formal requirements of that school for the 12
1893	1893	study of medicine, except for the postgraduate or social service components as required by 13
1894	1894	the foreign country or its medical school; 14
1895	1895
1896	1896	2. Has successfully completed a fifth pathway program; and 15
1897	1897
1898	1898	3. Has successfully completed 2 years of training in a 16
1899	1899	postgraduate medical education program following completion of a Board approved fifth 17
1900	1900	pathway program. 18
1901	1901
1902	1902	14–506. 19
1903	1903
1904	1904	(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 20
1905	1905	under this title is entitled to sit for an examination as provided under this section or any 21
1906	1906	regulations adopted to carry out this section. 22
1907	1907
1908	1908	14–510. 23
1909	1909
1910	1910	(a) The Board may: 24
1911	1911
1912	1912	(1) License TO PRACTICE MEDICINE an applicant by virtue of the 25
1913	1913	conceded eminence and authority of the applicant in the profession if the applicant: 26
1914	1914
1915	1915	(i) Is recommended to the Board by: 27
1916	1916
1917	1917	1. The dean of a school of medicine in the State; or 28
1918	1918
1919	1919	2. The Director of the National Institutes of Health; 29
1920	1920
1921	1921	(ii) Is to receive an appointment at the institution making the 30
1922	1922	recommendation under item (i) of this paragraph; and 31 SENATE BILL 218 41
1923	1923
1924	1924
1925	1925
1926	1926	(iii) Meets any other requirement the Board may adopt by regulation 1
1927	1927	under this section; 2
1928	1928
1929	1929	(2) Define by regulation the term “conceded eminence and authority in the 3
1930	1930	profession” and, for this purpose, shall consider such criteria as: 4
1931	1931
1932	1932	(i) Academic appointments; 5
1933	1933
1934	1934	(ii) Length of time in the profession; 6
1935	1935
1936	1936	(iii) Scholarly publications; and 7
1937	1937
1938	1938	(iv) Professional accomplishments; 8
1939	1939
1940	1940	(3) Adopt regulations concerning the further qualifications of an applicant 9
1941	1941	for licensure, including conditions of employment, application procedures, and fees under 10
1942	1942	this section; 11
1943	1943
1944	1944	(4) Allow an exception to the general education and examination 12
1945	1945	requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 13
1946	1946	this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 14
1947	1947	14–301(A) THROUGH (C) of this [subtitle] TITLE; 15
1948	1948
1949	1949	(5) Qualify, restrict, or otherwise limit a license granted under this section; 16
1950	1950	and 17
1951	1951
1952	1952	(6) Require a 6–month probationary period during which the medical 18
1953	1953	services performed by the applicant granted a license under this section are supervised by 19
1954	1954	another licensed physician. 20
1955	1955
1956	1956	14–511. 21
1957	1957
1958	1958	(b) A licensee on inactive status is exempt from the continuing education 22
1959	1959	requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 23
1960	1960
1961	1961	14–512. 24
1962	1962
1963	1963	(c) A licensee on emeritus status is exempt from the continuing education 25
1964	1964	requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 26
1965	1965
1966	1966	14–514. 27
1967	1967
1968	1968	(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 28
1969	1969	OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING 29
1970	1970	$500. 30 42 SENATE BILL 218
1971	1971
1972	1972
1973	1973
1974	1974	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
1975	1975	SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
1976	1976
1977	1977	14–515. 3
1978	1978
1979	1979	(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 4
1980	1980	IS MADE BY A PATIENT OR A FAMILY MEMBER OF A PATIENT BASED O N § 5
1981	1981	14–516(A)(22) OF THIS SUBTITLE, AND A FULL INVESTIGA TION RESULTS FROM TH AT 6
1982	1982	ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER FOR AN 7
1983	1983	INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 8
1984	1984	PRESENT AT OR AROUND THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 9
1985	1985	ALLEGATION OCCURRED . 10
1986	1986
1987	1987	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 11
1988	1988	BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 12
1989	1989	DISCIPLINARY PANEL M AY: 13
1990	1990
1991	1991	(I) REFER AN ALLEGATION F OR FURTHER INVESTIGATION TO 14
1992	1992	THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 15
1993	1993	THIS SECTION; OR 16
1994	1994
1995	1995	(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 17
1996	1996	NECESSARY. 18
1997	1997
1998	1998	(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 19
1999	1999	COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 20
2000	2000	THAT THE LICENSEE MA Y HAVE VIOLATED § 14–516(A)(22) OF THIS SUBTITLE , THE 21
2001	2001	DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 22
2002	2002	THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 23
2003	2003	SECTION FOR FURTHER IN VESTIGATION AND PHYS ICIAN PEER REVIEWS W ITHIN THE 24
2004	2004	INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 25
2005	2005
2006	2006	(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 26
2007	2007	REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 27
2008	2008	UNDER SUBSECTI ON (D) OF THIS SECTION FOR EACH ALLEGATION THE 28
2009	2009	DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 29
2010	2010
2011	2011	(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 30
2012	2012	COMPLAINS THAT SET F ORTH ALLEGATIONS OF GROUNDS FOR DISCIPLI NARY 31
2013	2013	ACTION UNDER § 14–516 OF THIS SUBTITLE. 32
2014	2014
2015	2015	(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 33
2016	2016	SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 34 SENATE BILL 218 43
2017	2017
2018	2018
2019	2019	CONFIDENTIAL PHYSICI AN PEER REVIEW OF AL LEGATIONS BASED ON § 1
2020	2020	14–516(A)(22) OF THIS SUBTITLE. 2
2021	2021
2022	2022	(2) A PEER REVIEWER SHALL : 3
2023	2023
2024	2024	(I) BE BOARD CERTIFIED; 4
2025	2025
2026	2026	(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 5
2027	2027	HAND; 6
2028	2028
2029	2029	(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 7
2030	2030	EXPERIENCE AND TRAIN ING; 8
2031	2031
2032	2032	(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER REVIEWER’S 9
2033	2033	OWN LICENSE; 10
2034	2034
2035	2035	(V) RECEIVE TRAINING IN P EER REVIEW; 11
2036	2036
2037	2037	(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 12
2038	2038	AND 13
2039	2039
2040	2040	(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGAGED 14
2041	2041	IN THE PRACTICE OF M EDICINE IN THE STATE. 15
2042	2042
2043	2043	(3) THE BOARD MAY CONSUL T WITH THE APPROPRIA TE SPECIALTY 16
2044	2044	HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIST OF PHYSICIANS 17
2045	2045	QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 18
2046	2046
2047	2047	14–516. 19
2048	2048
2049	2049	(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 20
2050	2050	disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 21
2051	2051	panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 22
2052	2052	a license if the licensee: 23
2053	2053
2054	2054	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 24
2055	2055	the applicant or licensee or for another; 25
2056	2056
2057	2057	(2) Fraudulently or deceptively uses a license; 26
2058	2058
2059	2059	(3) Is guilty of: 27
2060	2060
2061	2061	(i) Immoral conduct in the practice of medicine; or 28
2062	2062
2063	2063	(ii) Unprofessional conduct in the practice of medicine; 29 44 SENATE BILL 218
2064	2064
2065	2065
2066	2066
2067	2067	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
2068	2068	CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
2069	2069
2070	2070	(5) Solicits or advertises in violation of [§ 14–503] § 14–514 of this [title] 3
2071	2071	SUBTITLE; 4
2072	2072
2073	2073	(6) Abandons a patient; 5
2074	2074
2075	2075	(7) Habitually is intoxicated; 6
2076	2076
2077	2077	(8) Is addicted to, or habitually abuses, any narcotic or controlled 7
2078	2078	dangerous substance as defined in § 5–101 of the Criminal Law Article; 8
2079	2079
2080	2080	(9) Provides professional services: 9
2081	2081
2082	2082	(i) While under the influence of alcohol; or 10
2083	2083
2084	2084	(ii) While using any narcotic or controlled dangerous substance, as 11
2085	2085	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 12
2086	2086	amounts or without valid medical indication; 13
2087	2087
2088	2088	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 14
2089	2089	as to exploit the patient for financial gain; 15
2090	2090
2091	2091	(11) Willfully makes or files a false report or record in the practice of 16
2092	2092	medicine; 17
2093	2093
2094	2094	(12) Willfully fails to file or record any medical report as required under law, 18
2095	2095	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 19
2096	2096	to file or record the report; 20
2097	2097
2098	2098	(13) On proper request, and in accordance with the provisions of Title 4, 21
2099	2099	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 22
2100	2100	record to the patient, another physician, or hospital; 23
2101	2101
2102	2102	(14) Solicits professional patronage through an agent or other person or 24
2103	2103	profits from the acts of a person who is represented as an agent of the physician; 25
2104	2104
2105	2105	(15) Pays or agrees to pay any sum to any person for bringing or referring a 26
2106	2106	patient or accepts or agrees to accept any sum from any person for bringing or referring a 27
2107	2107	patient; 28
2108	2108
2109	2109	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 29
2110	2110	the laboratory for a test or test series for a patient, unless the licensed physician discloses 30
2111	2111	on the bill to the patient or third–party payor: 31
2112	2112	SENATE BILL 218 45
2113	2113
2114	2114
2115	2115	(i) The name of the laboratory; 1
2116	2116
2117	2117	(ii) The amount paid to the laboratory for the test or test series; and 2
2118	2118
2119	2119	(iii) The amount of procurement or processing charge of the licensed 3
2120	2120	physician, if any, for each specimen taken; 4
2121	2121
2122	2122	(17) Makes a willful misrepresentation in treatment; 5
2123	2123
2124	2124	(18) Practices medicine with an unauthorized person or aids an 6
2125	2125	unauthorized person in the practice of medicine; 7
2126	2126
2127	2127	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 8
2128	2128	OVERUTILIZATION OF health care services; 9
2129	2129
2130	2130	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 10
2131	2131	method, treatment, or medicine; 11
2132	2132
2133	2133	(21) Is disciplined by a licensing or disciplinary authority or convicted or 12
2134	2134	disciplined by a court of any state or country or disciplined by any branch of the United 13
2135	2135	States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 14
2136	2136	VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 15
2137	2137	section; 16
2138	2138
2139	2139	(22) Fails to meet appropriate standards as determined by appropriate peer 17
2140	2140	review for the delivery of quality medical and surgical care performed in an outpatient 18
2141	2141	surgical facility, office, hospital, or any other location in this State; 19
2142	2142
2143	2143	(23) Willfully submits false statements to collect fees for which services are 20
2144	2144	not provided; 21
2145	2145
2146	2146	(24) Was subject to investigation or disciplinary action by a licensing or 22
2147	2147	disciplinary authority or by a court of any state or country for an act that would be grounds 23
2148	2148	for disciplinary action under this section and the licensee: 24
2149	2149
2150	2150	(i) Surrendered the license issued by the state or country to the 25
2151	2151	state or country; or 26
2152	2152
2153	2153	(ii) Allowed the license issued by the state or country to expire or 27
2154	2154	lapse; 28
2155	2155
2156	2156	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 29
2157	2157	of the Family Law Article; 30
2158	2158
2159	2159	(26) Fails to educate a patient being treated for breast cancer of alternative 31
2160	2160	methods of treatment as required by § 20–113 of the Health – General Article; 32
2161	2161	46 SENATE BILL 218
2162	2162
2163	2163
2164	2164	(27) Sells, prescribes, gives away, or administers drugs for illegal or 1
2165	2165	illegitimate medical purposes; 2
2166	2166
2167	2167	(28) Fails to comply with the provisions of § 12–102 of this article; 3
2168	2168
2169	2169	(29) Refuses, withholds from, denies, or discriminates against an individual 4
2170	2170	with regard to the provision of professional services for which the licensee is licensed and 5
2171	2171	qualified to render because the individual is HIV positive; 6
2172	2172
2173	2173	(30) Except as to an association that has remained in continuous existence 7
2174	2174	since July 1, 1963: 8
2175	2175
2176	2176	(i) Associates with a pharmacist as a partner or co–owner of a 9
2177	2177	pharmacy for the purpose of operating a pharmacy; 10
2178	2178
2179	2179	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 11
2180	2180	or 12
2181	2181
2182	2182	(iii) Contracts with a pharmacist for the purpose of operating a 13
2183	2183	pharmacy; 14
2184	2184
2185	2185	(31) Except in an emergency life–threatening situation where it is not 15
2186	2186	feasible or practicable, fails to comply with the Centers for Disease Control and 16
2187	2187	Prevention’s guidelines on universal precautions; 17
2188	2188
2189	2189	(32) Fails to display the notice required under [§ 14–415] § 14–520 of this 18
2190	2190	subtitle; 19
2191	2191
2192	2192	(33) Fails to cooperate with a lawful investigation conducted by the Board 20
2193	2193	or a disciplinary panel; 21
2194	2194
2195	2195	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 22
2196	2196	Article; 23
2197	2197
2198	2198	(35) Is in breach of a service obligation resulting from the applicant’s or 24
2199	2199	licensee’s receipt of State or federal funding for the licensee’s medical education; 25
2200	2200
2201	2201	(36) Willfully makes a false representation when seeking or making 26
2202	2202	application for licensure or any other application related to the practice of medicine; 27
2203	2203
2204	2204	(37) By corrupt means, threats, or force, intimidates or influences, or 28
2205	2205	attempts to intimidate or influence, for the purpose of causing any person to withhold or 29
2206	2206	change testimony in hearings or proceedings before the Board or a disciplinary panel or 30
2207	2207	those otherwise delegated to the Office of Administrative Hearings; 31
2208	2208
2209	2209	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 32
2210	2210	delays any person from making information available to the Board or a disciplinary panel 33 SENATE BILL 218 47
2211	2211
2212	2212
2213	2213	in furtherance of any investigation of the Board or a disciplinary panel; 1
2214	2214
2215	2215	(39) Intentionally misrepresents credentials for the purpose of testifying or 2
2216	2216	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 3
2217	2217	panel or those otherwise delegated to the Office of Administrative Hearings; 4
2218	2218
2219	2219	(40) Fails to keep adequate medical records as determined by appropriate 5
2220	2220	peer review; 6
2221	2221
2222	2222	(41) Performs a cosmetic surgical procedure in an office or a facility that is 7
2223	2223	not: 8
2224	2224
2225	2225	(i) Accredited by: 9
2226	2226
2227	2227	1. The American Association for Accreditation of Ambulatory 10
2228	2228	Surgical Facilities; 11
2229	2229
2230	2230	2. The Accreditation Association for Ambulatory Health 12
2231	2231	Care; or 13
2232	2232
2233	2233	3. The Joint Commission on the Accreditation of Healthcare 14
2234	2234	Organizations; or 15
2235	2235
2236	2236	(ii) Certified to participate in the Medicare program, as enacted by 16
2237	2237	Title XVIII of the Social Security Act; 17
2238	2238
2239	2239	(42) Fails to complete a criminal history records check under [§ 14–308.1] § 18
2240	2240	14–302 of this title; 19
2241	2241
2242	2242	(43) Except for the licensure process described under Subtitle 3A of this 20
2243	2243	title, violates any provision of this title, any rule or regulation adopted by the Board, or any 21
2244	2244	State or federal law pertaining to the practice of medicine; 22
2245	2245
2246	2246	(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 23
2247	2247	AND Subtitle 3 of this title; 24
2248	2248
2249	2249	(45) Fails to comply with § 1–223 of this article; or 25
2250	2250
2251	2251	(46) Fails to comply with the requirements of the Prescription Drug 26
2252	2252	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 27
2253	2253
2254	2254	14–517. 28
2255	2255
2256	2256	THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AN D 29
2257	2257	MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 30
2258	2258	THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 31 48 SENATE BILL 218
2259	2259
2260	2260
2261	2261	THE LICENSEE, INCLUDING: 1
2262	2262
2263	2263	(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 2
2264	2264	ATTENDED AN D THE DATE ON WHICH THE LICENSEE GRADUAT ED FROM THE 3
2265	2265	SCHOOL; 4
2266	2266
2267	2267	(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 5
2268	2268
2269	2269	(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 6
2270	2270	RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 7
2271	2271	AMERICAN OSTEOPATHIC ASSOCIATION; 8
2272	2272
2273	2273	(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 9
2274	2274	PRIVILEGES; 10
2275	2275
2276	2276	(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 11
2277	2277
2278	2278	(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 12
2279	2279	MEDICAL ASSISTANCE PROGRAM; 13
2280	2280
2281	2281	(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PROFESSIONAL 14
2282	2282	LIABILITY INSURANCE ; AND 15
2283	2283
2284	2284	(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 16
2285	2285	JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 17
2286	2286	RECENT 10–YEAR PERIOD. 18
2287	2287
2288	2288	14–518. 19
2289	2289
2290	2290	(a) (1) Each hospital and related institution shall submit to the Board a report 20
2291	2291	within 10 days after: 21
2292	2292
2293	2293	(i) The hospital or related institution denied the application of a 22
2294	2294	physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 23
2295	2295	privileges of a physician, or the physician resigned whether or not under formal accusation, 24
2296	2296	if the denial, limitation, reduction, change, termination, or resignation is for reasons that 25
2297	2297	might be grounds for disciplinary action under [§ 14–404] § 14–516 of this subtitle; 26
2298	2298
2299	2299	(ii) The hospital or related institution took any disciplinary action 27
2300	2300	against a salaried, licensed physician without staff privileges, including termination of 28
2301	2301	employment, suspension, or probation, for reasons that might be grounds for disciplinary 29
2302	2302	action under [§ 14–404] § 14–516 of this subtitle; 30
2303	2303
2304	2304	(iii) A licensed physician voluntarily resigned from the staff, employ, 31
2305	2305	or training program of the hospital or related institution for reasons that might be grounds 32 SENATE BILL 218 49
2306	2306
2307	2307
2308	2308	for disciplinary action under [§ 14–404] § 14–516 of this subtitle; or 1
2309	2309
2310	2310	(iv) The hospital or related institution placed any other restrictions 2
2311	2311	or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 3
2312	2312	paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 4
2313	2313	§ 14–516 of this subtitle. 5
2314	2314
2315	2315	14–519. 6
2316	2316
2317	2317	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 7
2318	2318	submit to the Board a report within 10 days after: 8
2319	2319
2320	2320	(i) The alternative health system denied the formal application of a 9
2321	2321	physician to contract with the alternative health system or limited, reduced, otherwise 10
2322	2322	changed, or terminated the contract of a physician, or the physician resigned whether or 11
2323	2323	not under formal accusation, if the denial, limitation, reduction, change, termination, or 12
2324	2324	resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 13
2325	2325	14–516 of this subtitle; or 14
2326	2326
2327	2327	(ii) The alternative health system placed any other restrictions or 15
2328	2328	conditions on any licensed physician for any reasons that might be grounds for disciplinary 16
2329	2329	action under [§ 14–404] § 14–516 of this subtitle. 17
2330	2330
2331	2331	14–522. 18
2332	2332
2333	2333	(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 19
2334	2334	GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO A FINE NO T 20
2335	2335	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 21
2336	2336
2337	2337	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
2338	2338	SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
2339	2339
2340	2340	14–525. 24
2341	2341
2342	2342	(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SE CTION IS 25
2343	2343	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
2344	2344	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 27
2345	2345
2346	2346	(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 28
2347	2347	SECTION INTO THE BOARD OF PHYSICIANS FUND. 29
2348	2348
2349	2349	[(b)] (C) (1) The Board shall investigate any alleged violation of this section 30
2350	2350	or [§ 14–507] § 14–524 of this [title] SUBTITLE and may enforce any provision of this title 31
2351	2351	by injunction or other appropriate proceedings. 32
2352	2352	50 SENATE BILL 218
2353	2353
2354	2354
2355	2355	[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 1
2356	2356	instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 2
2357	2357	SECTION. 3
2358	2358
2359	2359	14–526. 4
2360	2360
2361	2361	(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
2362	2362	GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT 6
2363	2363	EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
2364	2364
2365	2365	(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 8
2366	2366	SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE TO CIVIL 9
2367	2367	PENALTY OF NOT MORE THAN $100. 10
2368	2368
2369	2369	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 11
2370	2370	SECTION INTO THE BOARD OF PHYSICIANS FUND. 12
2371	2371
2372	2372	14–528. 13
2373	2373
2374	2374	(A) Except as otherwise provided in this title: 14
2375	2375
2376	2376	(1) A person may not practice, attempt to practice, or offer to practice 15
2377	2377	medicine in the State unless licensed by the Board; and 16
2378	2378
2379	2379	(2) A licensee on inactive status under [§ 14–320] § 14–511 of this subtitle 17
2380	2380	or emeritus status under [§ 14–320.1] § 14–512 of this subtitle may not: 18
2381	2381
2382	2382	(i) Practice, attempt to practice, or offer to practice medicine in the 19
2383	2383	State; or 20
2384	2384
2385	2385	(ii) Delegate medical acts. 21
2386	2386
2387	2387	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 22
2388	2388	PERSON WHO VIOLATES THIS SECTION IS: 23
2389	2389
2390	2390	(I) GUILTY OF A FELONY AN D ON CONVICTION IS SUBJECT TO A 24
2391	2391	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 25
2392	2392	BOTH; AND 26
2393	2393
2394	2394	(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 27
2395	2395	BE LEVIED BY A DISCI PLINARY PANEL . 28
2396	2396
2397	2397	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 29
2398	2398	NOT APPLY TO A FORME R LICENSEE WHO HAS FAILED TO RE NEW A LICENSE UNDER 30
2399	2399	§ 14–306 OF THIS TITLE IF: 31 SENATE BILL 218 51
2400	2400
2401	2401
2402	2402
2403	2403	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 1
2404	2404	OF THE LICENSE; AND 2
2405	2405
2406	2406	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 3
2407	2407	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FEE. 4
2408	2408
2409	2409	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 5
2410	2410	SECTION INTO THE BOARD OF PHYSICIANS FUND. 6
2411	2411
2412	2412	14–529. 7
2413	2413
2414	2414	(a) Unless authorized to practice medicine under this title, a person may not 8
2415	2415	represent to the public, by description of services, methods, or procedures, or otherwise, 9
2416	2416	that the person is authorized to practice medicine in this State. 10
2417	2417
2418	2418	(b) Except as otherwise provided in this [article] TITLE, a person may not use the 11
2419	2419	words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent 12
2420	2420	that the person practices medicine, unless the person is: 13
2421	2421
2422	2422	(1) Licensed to practice medicine under this title; 14
2423	2423
2424	2424	(2) A physician licensed by and residing in another jurisdiction, while 15
2425	2425	engaging in consultation with a physician licensed in this State; 16
2426	2426
2427	2427	(3) A physician employed by the federal government while performing 17
2428	2428	duties incident to that employment; 18
2429	2429
2430	2430	(4) A physician who resides in and is licensed to practice medicine by any 19
2431	2431	state adjoining this State and whose practice extends into this State; 20
2432	2432
2433	2433	(5) An individual in a postgraduate medical program that is accredited by 21
2434	2434	an accrediting organization recognized by the Board in regulations while the individual is 22
2435	2435	practicing medicine in the program; or 23
2436	2436
2437	2437	(6) A licensee who is on emeritus status under [§ 14–320.1] § 14–512 of 24
2438	2438	this [title] SUBTITLE, [provided that] IF the licensee does not represent to the public that 25
2439	2439	the licensee is authorized to practice medicine in the State. 26
2440	2440
2441	2441	(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 27
2442	2442	§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 28
2443	2443	word to describe the occupation of the individual as in phrases such as “physician’s 29
2444	2444	assistant” or “physician’s aide”. 30
2445	2445
2446	2446	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 31
2447	2447	PERSON WHO VIOLATES THIS SECTION IS: 32 52 SENATE BILL 218
2448	2448
2449	2449
2450	2450
2451	2451	(I) GUILTY OF A FELONY AN D ON CONVICTION IS SUBJECT TO A 1
2452	2452	FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 2
2453	2453	BOTH; AND 3
2454	2454
2455	2455	(II) SUBJECT TO A CIVIL FINE OF NOT MORE THAN $50,000 TO 4
2456	2456	BE LEVIED BY A DISCI PLINARY PANEL . 5
2457	2457
2458	2458	(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 6
2459	2459	NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 7
2460	2460	§ 14–306 OF THIS TITLE IF: 8
2461	2461
2462	2462	(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 9
2463	2463	OF THE LICENSE; AND 10
2464	2464
2465	2465	(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 11
2466	2466	REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 12
2467	2467
2468	2468	(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 13
2469	2469	SECTION INTO THE BOARD OF PHYSICIANS FUND. 14
2470	2470
2471	2471	14–5A–01. 15
2472	2472
2473	2473	(a) In this subtitle the following words have the meanings indicated. 16
2474	2474
2475	2475	(c) “Committee” means the Respiratory Care [Professional Standards] 17
2476	2476	ADVISORY Committee established under § 14–5A–05 of this subtitle. 18
2477	2477
2478	2478	14–5A–05. 19
2479	2479
2480	2480	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 20
2481	2481	the Board. 21
2482	2482
2483	2483	14–5A–06. 22
2484	2484
2485	2485	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 23
2486	2486
2487	2487	14–5A–08. 24
2488	2488
2489	2489	(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 25
2490	2490	licensed by the Board before the individual may practice respiratory care in this State. 26
2491	2491
2492	2492	(b) This section does not apply to: 27
2493	2493
2494	2494	[(1) An individual employed by the federal government as a respiratory care 28 SENATE BILL 218 53
2495	2495
2496	2496
2497	2497	practitioner while the individual is practicing within the scope of that employment; 1
2498	2498
2499	2499	(2)] (1) A respiratory care practitioner student enrolled in an education 2
2500	2500	program which is accredited by an approved accrediting organization while practicing 3
2501	2501	respiratory care in the program; or 4
2502	2502
2503	2503	[(3)] (2) An individual practicing respiratory care who is licensed by and 5
2504	2504	residing in another jurisdiction if: 6
2505	2505
2506	2506	(i) The individual is participating in the transportation of a patient 7
2507	2507	from that individual’s jurisdiction of licensure into the State; 8
2508	2508
2509	2509	(ii) The individual practices respiratory care only during the 9
2510	2510	transportation of the patient; 10
2511	2511
2512	2512	(iii) The individual does not practice respiratory care on another 11
2513	2513	individual who is not the patient being transported into the State; and 12
2514	2514
2515	2515	(iv) The individual does not practice respiratory care in the State for 13
2516	2516	more than a total of 14 days within a calendar year. 14
2517	2517
2518	2518	14–5A–09. 15
2519	2519
2520	2520	[(a) To qualify for a license, an applicant shall be an individual who meets the 16
2521	2521	requirements of this section. 17
2522	2522
2523	2523	(b) The applicant shall be of good moral character. 18
2524	2524
2525	2525	(c) The applicant shall be at least 18 years old. 19
2526	2526
2527	2527	(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 20
2528	2528	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 21
2529	2529
2530	2530	(1) Meet] MEET any educational, training, or examination requirements 22
2531	2531	established by the Board including: 23
2532	2532
2533	2533	[(i)] (1) Graduation from an appropriate educational program as 24
2534	2534	determined by the Board; and 25
2535	2535
2536	2536	[(ii)] (2) Certification by a national certifying board approved by 26
2537	2537	the Board[; and 27
2538	2538
2539	2539	(2) Demonstrate oral and written competency in English as required by the 28
2540	2540	Board]. 29
2541	2541
2542	2542	[(e) The applicant shall complete a criminal history records check in accordance 30 54 SENATE BILL 218
2543	2543
2544	2544
2545	2545	with § 14–308.1 of this title.] 1
2546	2546
2547	2547	14–5A–17. 2
2548	2548
2549	2549	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 3
2550	2550	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 4
2551	2551	license to any applicant,] reprimand any licensee, place any licensee on probation, or 5
2552	2552	suspend or revoke a license, if the [applicant or] licensee: 6
2553	2553
2554	2554	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 7
2555	2555	the applicant, licensee, or for another; 8
2556	2556
2557	2557	(2) Fraudulently or deceptively uses a license; respiratory care; 9
2558	2558
2559	2559	(3) Is guilty of unprofessional or immoral conduct in the practice of 10
2560	2560	respiratory care; 11
2561	2561
2562	2562	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 12
2563	2563	CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 13
2564	2564
2565	2565	(5) Abandons a patient; 14
2566	2566
2567	2567	(6) Is habitually intoxicated; 15
2568	2568
2569	2569	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
2570	2570	substance as defined in § 5–101 of the Criminal Law Article; 17
2571	2571
2572	2572	(8) Provides professional services while: 18
2573	2573
2574	2574	(i) Under the influence of alcohol; or 19
2575	2575
2576	2576	(ii) Using any narcotic or controlled dangerous substance as defined 20
2577	2577	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
2578	2578	amounts or without valid medical indication; 22
2579	2579
2580	2580	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
2581	2581	patient so as to exploit the patient for financial gain; 24
2582	2582
2583	2583	(10) Willfully makes or files a false report or record in the practice of 25
2584	2584	respiratory care; 26
2585	2585
2586	2586	(11) Willfully fails to file or record any report as required under law, 27
2587	2587	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
2588	2588	to file or record a report; 29
2589	2589
2590	2590	(12) Breaches patient confidentiality; 30 SENATE BILL 218 55
2591	2591
2592	2592
2593	2593
2594	2594	(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
2595	2595	material benefit to any person for bringing or referring a patient or accepts or agrees to 2
2596	2596	accept any sum or any form of remuneration or material benefit from an individual for 3
2597	2597	bringing or referring a patient; 4
2598	2598
2599	2599	(14) Knowingly makes a misrepresentation while practicing respiratory 5
2600	2600	care; 6
2601	2601
2602	2602	(15) Knowingly practices respiratory care with an unauthorized individual 7
2603	2603	or aids an unauthorized individual in the practice of respiratory care; 8
2604	2604
2605	2605	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 9
2606	2606	method, treatment, or medicine; 10
2607	2607
2608	2608	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 11
2609	2609	disciplined by a court of any state or country or is disciplined by any branch of the United 12
2610	2610	States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 13
2611	2611	VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 14
2612	2612	Board’s disciplinary statutes; 15
2613	2613
2614	2614	(18) Fails to meet appropriate standards for the delivery of respiratory care 16
2615	2615	performed in any inpatient or outpatient facility, office, hospital or related institution, 17
2616	2616	domiciliary care facility, patient’s home, or any other location in this State; 18
2617	2617
2618	2618	(19) Knowingly submits false statements to collect fees for which services 19
2619	2619	are not provided; 20
2620	2620
2621	2621	(20) (i) Has been subject to investigation or disciplinary action by a 21
2622	2622	licensing or disciplinary authority or by a court of any state or country for an act that would 22
2623	2623	be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
2624	2624
2625	2625	(ii) Has: 24
2626	2626
2627	2627	1. Surrendered the license issued by the state or country; or 25
2628	2628
2629	2629	2. Allowed the license issued by the state or country to expire 26
2630	2630	or lapse; 27
2631	2631
2632	2632	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
2633	2633	of the Family Law Article; 29
2634	2634
2635	2635	(22) Sells, prescribes, gives away, or administers drugs for illegal or 30
2636	2636	illegitimate medical purposes; 31
2637	2637
2638	2638	(23) Practices or attempts to practice beyond the authorized scope of 32
2639	2639	practice; 33 56 SENATE BILL 218
2640	2640
2641	2641
2642	2642
2643	2643	(24) Refuses, withholds from, denies, or discriminates against an individual 1
2644	2644	with regard to the provision of professional services for which the licensee is licensed and 2
2645	2645	qualified to render because the individual is HIV positive; 3
2646	2646
2647	2647	(25) Practices or attempts to practice a respiratory care procedure or uses or 4
2648	2648	attempts to use respiratory care equipment if the [applicant or] licensee has not received 5
2649	2649	education and training in the performance of the procedure or the use of the equipment; 6
2650	2650
2651	2651	(26) Fails to cooperate with a lawful investigation conducted by the Board 7
2652	2652	or a disciplinary panel; 8
2653	2653
2654	2654	(27) Fails to practice under the supervision of a physician or violates a 9
2655	2655	supervisory order of a supervising physician; or 10
2656	2656
2657	2657	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 11
2658	2658	14–302 of this title. 12
2659	2659
2660	2660	14–5A–20. 13
2661	2661
2662	2662	Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 14
2663	2663	attempt to practice, or offer to practice respiratory care in this State unless licensed to 15
2664	2664	practice respiratory care by the Board. 16
2665	2665
2666	2666	14–5A–21. 17
2667	2667
2668	2668	(a) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 18
2669	2669	person may not represent to the public by title, by description of services, methods, or 19
2670	2670	procedures, or otherwise, that the person is authorized to practice respiratory care in this 20
2671	2671	State. 21
2672	2672
2673	2673	(b) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 22
2674	2674	person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with 23
2675	2675	the intent to represent that the person practices respiratory care. 24
2676	2676
2677	2677	14–5A–22. 25
2678	2678
2679	2679	A person may not provide, attempt to provide, offer to provide, or represent that the 26
2680	2680	person provides respiratory care unless the respiratory care is provided by an individual 27
2681	2681	who is authorized to practice respiratory care under this [subtitle] TITLE. 28
2682	2682
2683	2683	14–5A–22.1. 29
2684	2684
2685	2685	(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 30
2686	2686	may not employ or supervise an individual practicing respiratory care without a license. 31
2687	2687	SENATE BILL 218 57
2688	2688
2689	2689
2690	2690	14–5B–05. 1
2691	2691
2692	2692	(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS. 2
2693	2693
2694	2694	14–5B–07. 3
2695	2695
2696	2696	(a) (2) The failure of a licensed physician to properly supervise a licensee is 4
2697	2697	unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–516(A)(3) 5
2698	2698	of this title. 6
2699	2699
2700	2700	14–5B–08. 7
2701	2701
2702	2702	(a) (1) Except as otherwise provided in this [subtitle] TITLE, an individual 8
2703	2703	shall be licensed by the Board before the individual may practice radiation therapy, 9
2704	2704	radiography, nuclear medicine technology, or radiology assistance in this State. 10
2705	2705
2706	2706	(2) A radiologist assistant may not: 11
2707	2707
2708	2708	(i) Interpret images; 12
2709	2709
2710	2710	(ii) Make diagnoses; or 13
2711	2711
2712	2712	(iii) Prescribe medications or therapies. 14
2713	2713
2714	2714	(b) This section does not apply to[: 15
2715	2715
2716	2716	(1) An individual employed by the federal government as a radiation 16
2717	2717	therapist, radiographer, a nuclear medicine technologist, or radiologist assistant while the 17
2718	2718	individual is practicing within the scope of that employment; or 18
2719	2719
2720	2720	(2) A] A radiation therapy student, a radiography student, a nuclear 19
2721	2721	medicine technology student, or a radiology assistant student enrolled in an education 20
2722	2722	program which is accredited by an approved accrediting organization while practicing 21
2723	2723	radiation therapy, radiography, nuclear medicine technology, or radiology assistance in 22
2724	2724	that program. 23
2725	2725
2726	2726	14–5B–09. 24
2727	2727
2728	2728	(a) [To qualify for a license, an applicant shall be an individual who meets the 25
2729	2729	requirements of this section. 26
2730	2730
2731	2731	(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 27
2732	2732	FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 28
2733	2733	TITLE, AN applicant shall[: 29
2734	2734
2735	2735	(1) Be of good moral character; 30 58 SENATE BILL 218
2736	2736
2737	2737
2738	2738
2739	2739	(2) Be at least 18 years old; 1
2740	2740
2741	2741	(3) Demonstrate oral and written competency in English as required by the 2
2742	2742	Board; 3
2743	2743
2744	2744	(4) Meet] MEET any educational, training, or examination requirements 4
2745	2745	established by the Board, including: 5
2746	2746
2747	2747	[(i)] (1) Graduation from an appropriate educational program as 6
2748	2748	determined by the Board; and 7
2749	2749
2750	2750	[(ii)] (2) Certification[; and 8
2751	2751
2752	2752	(5) Complete a criminal history records check in accordance with § 9
2753	2753	14–308.1 of this title]. 10
2754	2754
2755	2755	[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 11
2756	2756	applicant shall: 12
2757	2757
2758	2758	(1) Be issued a general license to perform radiography; 13
2759	2759
2760	2760	(2) Complete an advanced academic program with a nationally recognized 14
2761	2761	radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 15
2762	2762	or graduate degree and incorporates a radiologist–directed clinical preceptorship; 16
2763	2763
2764	2764	(3) Be certified in advanced cardiac life support; and 17
2765	2765
2766	2766	(4) Be certified as a radiologist assistant by the American Registry of 18
2767	2767	Radiologic Technologists. 19
2768	2768
2769	2769	[(d)] (C) Except for requirements adopted by the Board for license renewal under 20
2770	2770	[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 21
2771	2771	construed to require an individual who is certified by the Board as a radiation 22
2772	2772	oncology/therapy technologist, medical radiation technologist, or nuclear medicine 23
2773	2773	technologist as of October 1, 2008, to meet additional education, training, or examination 24
2774	2774	requirements. 25
2775	2775
2776	2776	14–5B–11. 26
2777	2777
2778	2778	(a) Licensure as a radiation therapist authorizes an individual to practice 27
2779	2779	radiation therapy IN THE STATE while the license is effective. 28
2780	2780
2781	2781	(b) Licensure as a radiographer authorizes an individual to practice radiography 29
2782	2782	IN THE STATE while the license is effective. 30
2783	2783	SENATE BILL 218 59
2784	2784
2785	2785
2786	2786	(c) Licensure as a nuclear medicine technologist authorizes an individual to 1
2787	2787	practice nuclear medicine technology IN THE STATE while the license is effective. 2
2788	2788
2789	2789	(d) Licensure as a radiologist assistant authorizes an individual to practice 3
2790	2790	radiology assistance IN THE STATE while the license is effective. 4
2791	2791
2792	2792	14–5B–14. 5
2793	2793
2794	2794	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
2795	2795	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 7
2796	2796	license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
2797	2797	suspend or revoke a license, if the [applicant or] licensee: 9
2798	2798
2799	2799	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 10
2800	2800	the applicant, licensed individual, or for another; 11
2801	2801
2802	2802	(2) Fraudulently or deceptively uses a license; 12
2803	2803
2804	2804	(3) Is guilty of unprofessional or immoral conduct in the practice of 13
2805	2805	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 14
2806	2806
2807	2807	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 15
2808	2808	CARRY OUT IMPORTANT PROFESSIONAL ACTIVITIES ; 16
2809	2809
2810	2810	(5) Abandons a patient; 17
2811	2811
2812	2812	(6) Is habitually intoxicated; 18
2813	2813
2814	2814	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 19
2815	2815	substance as defined in § 5–101 of the Criminal Law Article; 20
2816	2816
2817	2817	(8) Provides professional services while: 21
2818	2818
2819	2819	(i) Under the influence of alcohol; or 22
2820	2820
2821	2821	(ii) Using any narcotic or controlled dangerous substance as defined 23
2822	2822	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 24
2823	2823	amounts or without valid medical indication; 25
2824	2824
2825	2825	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 26
2826	2826	patient so as to exploit the patient for financial gain; 27
2827	2827
2828	2828	(10) Willfully makes or files a false report or record in the practice of 28
2829	2829	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 29
2830	2830
2831	2831	(11) Willfully fails to file or record any report as required under law, 30 60 SENATE BILL 218
2832	2832
2833	2833
2834	2834	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 1
2835	2835	to file or record a report; 2
2836	2836
2837	2837	(12) Breaches patient confidentiality; 3
2838	2838
2839	2839	(13) Pays or agrees to pay any sum or provide any form of remuneration or 4
2840	2840	material benefit to any person for bringing or referring a patient or accepts or agrees to 5
2841	2841	accept any sum or any form of remuneration or material benefit from an individual for 6
2842	2842	bringing or referring a patient; 7
2843	2843
2844	2844	(14) Knowingly makes a misrepresentation while practicing radiation 8
2845	2845	therapy, radiography, nuclear medicine technology, or radiology assistance; 9
2846	2846
2847	2847	(15) Knowingly practices radiation therapy, radiography, nuclear medicine 10
2848	2848	technology, or radiology assistance with an unauthorized individual or aids an 11
2849	2849	unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 12
2850	2850	technology, or radiology assistance; 13
2851	2851
2852	2852	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 14
2853	2853	method, treatment, or medicine; 15
2854	2854
2855	2855	(17) Is disciplined by a licensing or disciplinary authority or is convicted or 16
2856	2856	disciplined by a court of any state or country or is disciplined by any branch of the United 17
2857	2857	States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 18
2858	2858	VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 19
2859	2859	Board’s disciplinary statutes; 20
2860	2860
2861	2861	(18) Fails to meet appropriate standards for the delivery of quality radiation 21
2862	2862	therapy, radiography, nuclear medicine technology, or radiology assistance care performed 22
2863	2863	in any outpatient surgical facility, office, hospital or related institution, or any other 23
2864	2864	location in this State; 24
2865	2865
2866	2866	(19) Knowingly submits false statements to collect fees for which services 25
2867	2867	are not provided; 26
2868	2868
2869	2869	(20) (i) Has been subject to investigation or disciplinary action by a 27
2870	2870	licensing or disciplinary authority or by a court of any state or country for an act that would 28
2871	2871	be grounds for disciplinary action under the Board’s disciplinary statutes; and 29
2872	2872
2873	2873	(ii) Has: 30
2874	2874
2875	2875	1. Surrendered the license issued by the state or country; or 31
2876	2876
2877	2877	2. Allowed the license issued by the state or country to expire 32
2878	2878	or lapse; 33
2879	2879
2880	2880	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 34 SENATE BILL 218 61
2881	2881
2882	2882
2883	2883	of the Family Law Article; 1
2884	2884
2885	2885	(22) Sells, prescribes, gives away, or administers drugs for illegal or 2
2886	2886	illegitimate medical purposes; 3
2887	2887
2888	2888	(23) Practices or attempts to practice beyond the authorized scope of 4
2889	2889	practice; 5
2890	2890
2891	2891	(24) Refuses, withholds from, denies, or discriminates against an individual 6
2892	2892	with regard to the provision of professional services for which the licensee is licensed and 7
2893	2893	qualified to render because the individual is HIV positive; 8
2894	2894
2895	2895	(25) Practices or attempts to practice a radiation therapy, radiography, 9
2896	2896	nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 10
2897	2897	radiography, nuclear medicine technology, or radiology assistance equipment if the 11
2898	2898	[applicant or] licensee has not received education, internship, training, or experience in the 12
2899	2899	performance of the procedure or the use of the equipment; 13
2900	2900
2901	2901	(26) Fails to cooperate with a lawful investigation conducted by the Board 14
2902	2902	or a disciplinary panel; 15
2903	2903
2904	2904	(27) Fails to practice under the supervision of a physician or violates a 16
2905	2905	supervisory order of a supervising physician; or 17
2906	2906
2907	2907	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
2908	2908	14–302 of this title. 19
2909	2909
2910	2910	14–5B–17. 20
2911	2911
2912	2912	(a) Except as otherwise provided in this [subtitle] TITLE, a person may not 21
2913	2913	practice, attempt to practice, or offer to practice radiation therapy in this State unless 22
2914	2914	licensed to practice radiation therapy by the Board. 23
2915	2915
2916	2916	(b) Except as otherwise provided in this [subtitle] TITLE, a person may not 24
2917	2917	practice, attempt to practice, or offer to practice nuclear medicine technology in this State 25
2918	2918	unless licensed to practice nuclear medicine technology by the Board. 26
2919	2919
2920	2920	(c) Except as otherwise provided in this [subtitle] TITLE, a person may not 27
2921	2921	practice, attempt to practice, or offer to practice radiography in this State unless licensed 28
2922	2922	to practice radiography by the Board. 29
2923	2923
2924	2924	(d) Except as otherwise provided in this [subtitle] TITLE, a person may not 30
2925	2925	practice, attempt to practice, or offer to practice radiology assistance in this State unless 31
2926	2926	licensed to practice radiology assistance by the Board. 32
2927	2927
2928	2928	14–5B–18. 33 62 SENATE BILL 218
2929	2929
2930	2930
2931	2931
2932	2932	(b) A person may not provide, attempt to provide, offer to provide, or represent 1
2933	2933	that the person provides radiation therapy, radiography, nuclear medicine technology, or 2
2934	2934	radiology assistance care unless the radiation therapy, radiography, nuclear medicine 3
2935	2935	technology, or radiology assistance care is provided by an individual who is authorized to 4
2936	2936	practice radiation therapy, radiography, nuclear medicine technology, or radiology 5
2937	2937	assistance under this [subtitle] TITLE. 6
2938	2938
2939	2939	14–5B–18.1. 7
2940	2940
2941	2941	(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 8
2942	2942	may not employ or supervise an individual practicing radiation therapy, radiography, 9
2943	2943	nuclear medicine technology, or radiology assistance without a license or temporary license. 10
2944	2944
2945	2945	(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
2946	2946	institution, alternative health system, or employer may not employ an individual practicing 12
2947	2947	radiation therapy, radiography, nuclear medicine technology, or radiology assistance 13
2948	2948	without a license or temporary license. 14
2949	2949
2950	2950	14–5C–01. 15
2951	2951
2952	2952	(a) In this subtitle the following words have the meanings indicated. 16
2953	2953
2954	2954	(c) “Committee” means the Polysomnography [Professional Standards] 17
2955	2955	ADVISORY Committee established under § 14–5C–05 of this subtitle. 18
2956	2956
2957	2957	14–5C–05. 19
2958	2958
2959	2959	There is a Polysomnography [Professional Standards] ADVISORY Committee within 20
2960	2960	the Board. 21
2961	2961
2962	2962	14–5C–06. 22
2963	2963
2964	2964	(E) A QUORUM OF THE COMMITTEE CONSIST S OF FOUR MEMBERS . 23
2965	2965
2966	2966	14–5C–08. 24
2967	2967
2968	2968	(b) This section does not apply to a student enrolled in an education program 25
2969	2969	under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 26
2970	2970	in that program. 27
2971	2971
2972	2972	14–5C–09. 28
2973	2973
2974	2974	[(a) To qualify for a license, an applicant shall be an individual who meets the 29
2975	2975	requirements of this section. 30
2976	2976	SENATE BILL 218 63
2977	2977
2978	2978
2979	2979	(b) The applicant shall: 1
2980	2980
2981	2981	(1) Be of good moral character; 2
2982	2982
2983	2983	(2) Be at least 18 years old; and 3
2984	2984
2985	2985	(3) Complete a criminal history records check in accordance with § 4
2986	2986	14–308.1 of this title. 5
2987	2987
2988	2988	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 6
2989	2989	SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 7
2990	2990	license shall: 8
2991	2991
2992	2992	(1) Have passed the national certifying examination given by the Board of 9
2993	2993	Registered Polysomnographic Technologists or another examination approved by the 10
2994	2994	Board; 11
2995	2995
2996	2996	(2) Submit to the Board proof of certification as a registered 12
2997	2997	polysomnographic technologist or other national certification approved by the Board; 13
2998	2998
2999	2999	(3) (i) 1. Have graduated from a polysomnographic educational 14
3000	3000	program that is accredited by the Commission on Accreditation of Allied Health Education 15
3001	3001	Programs; or 16
3002	3002
3003	3003	2. A. Have graduated from a s leep technologist 17
3004	3004	educational program that is accredited by the American Academy of Sleep Medicine; and 18
3005	3005
3006	3006	B. Have completed a clinical component of an educational 19
3007	3007	program as established by the Committee and approved by the Board; 20
3008	3008
3009	3009	(ii) 1. Have graduated from a respiratory care educational 21
3010	3010	program that is accredited by the Commission on Accreditation of Allied Health Education 22
3011	3011	Programs; and 23
3012	3012
3013	3013	2. Have completed the Committee on Accreditation for 24
3014	3014	Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 25
3015	3015	Commission on Accreditation of Allied Health Education Programs; or 26
3016	3016
3017	3017	(iii) 1. Have graduated from an electroneuro–diagnostic 27
3018	3018	educational program that is accredited by the Commission on Accreditation of Allied Health 28
3019	3019	Education Programs; and 29
3020	3020
3021	3021	2. Have completed additional units, modules, and courses of 30
3022	3022	instruction focused on polysomnographic technology that are accredited by the Commission 31
3023	3023	on Accreditation of Allied Health Education Programs; and 32
3024	3024
3025	3025	(4) Meet any other educational or clinical requirements established by the 33 64 SENATE BILL 218
3026	3026
3027	3027
3028	3028	Committee and approved by the Board. 1
3029	3029
3030	3030	14–5C–10. 2
3031	3031
3032	3032	[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 3
3033	3033	14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 4
3034	3034
3035	3035	(1) Has passed the national certifying examination by the Board of 5
3036	3036	Registered Polysomnographic Technologists or another examination approved by the 6
3037	3037	Board; 7
3038	3038
3039	3039	(2) Is certified by the Board of Registered Polysomnographic Technologists 8
3040	3040	as a registered polysomnographic technologist; 9
3041	3041
3042	3042	(3) Has submitted an application for licensure to the Board; and 10
3043	3043
3044	3044	(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 11
3045	3045	§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 12
3046	3046
3047	3047	[(b) (1) If an individual has not satisfied the requirements under subsection (a) 13
3048	3048	of this section on or before September 30, 2013, the individual may petition the Board for 14
3049	3049	an extension. 15
3050	3050
3051	3051	(2) The Board shall determine whether to grant an extension under this 16
3052	3052	subsection on a case–by–case basis.] 17
3053	3053
3054	3054	14–5C–17. 18
3055	3055
3056	3056	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 19
3057	3057	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 20
3058	3058	license to any applicant,] reprimand any licensee, place any licensee on probation, or 21
3059	3059	suspend or revoke a license, if the [applicant or] licensee: 22
3060	3060
3061	3061	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 23
3062	3062	the applicant, licensee, or for another; 24
3063	3063
3064	3064	(2) Fraudulently or deceptively uses a license; 25
3065	3065
3066	3066	(3) Is guilty of unprofessional or immoral conduct in the practice of 26
3067	3067	polysomnography; 27
3068	3068
3069	3069	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 28
3070	3070	CARRY OUT IMPORTANT PROFESSIONAL ACTIVITIES; 29
3071	3071
3072	3072	(5) Abandons a patient; 30 SENATE BILL 218 65
3073	3073
3074	3074
3075	3075
3076	3076	(6) Is habitually intoxicated; 1
3077	3077
3078	3078	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 2
3079	3079	substance as defined in § 5–101 of the Criminal Law Article; 3
3080	3080
3081	3081	(8) Provides professional services while: 4
3082	3082
3083	3083	(i) Under the influence of alcohol; or 5
3084	3084
3085	3085	(ii) Using any narcotic or controlled dangerous substance as defined 6
3086	3086	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 7
3087	3087	amounts or without valid medical indication; 8
3088	3088
3089	3089	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 9
3090	3090	patient so as to exploit the patient for financial gain; 10
3091	3091
3092	3092	(10) Willfully makes or files a false report or record in the practice of 11
3093	3093	polysomnography; 12
3094	3094
3095	3095	(11) Willfully fails to file or record any report as required under law, 13
3096	3096	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 14
3097	3097	to file or record a report; 15
3098	3098
3099	3099	(12) Breaches patient confidentiality; 16
3100	3100
3101	3101	(13) Pays or agrees to pay any sum or provide any form of remuneration or 17
3102	3102	material benefit to any person for bringing or referring a patient or accepts or agrees to 18
3103	3103	accept any sum or any form of remuneration or material benefit from an individual for 19
3104	3104	bringing or referring a patient; 20
3105	3105
3106	3106	(14) Knowingly makes a misrepresentation while practicing 21
3107	3107	polysomnography; 22
3108	3108
3109	3109	(15) Knowingly practices polysomnography with an unauthorized individual 23
3110	3110	or aids an unauthorized individual in the practice of polysomnography; 24
3111	3111
3112	3112	(16) Knowingly delegates a polysomnographic duty to an unlicensed 25
3113	3113	individual; 26
3114	3114
3115	3115	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 27
3116	3116	method, treatment, or medicine; 28
3117	3117
3118	3118	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 29
3119	3119	disciplined by a court of any state or country or is disciplined by any branch of the United 30
3120	3120	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 31
3121	3121	be grounds for disciplinary action under the Board’s disciplinary statutes; 32 66 SENATE BILL 218
3122	3122
3123	3123
3124	3124
3125	3125	(19) Fails to meet appropriate standards for the delivery of 1
3126	3126	polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 2
3127	3127	center; 3
3128	3128
3129	3129	(20) Knowingly submits false statements to collect fees for which services 4
3130	3130	are not provided; 5
3131	3131
3132	3132	(21) (i) Has been subject to investigation or disciplinary action by a 6
3133	3133	licensing or disciplinary authority or by a court of any state or country for an act that would 7
3134	3134	be grounds for disciplinary action under the Board’s disciplinary statutes; and 8
3135	3135
3136	3136	(ii) Has: 9
3137	3137
3138	3138	1. Surrendered the license, if any, issued by the state or 10
3139	3139	country; or 11
3140	3140
3141	3141	2. Allowed the license, if any, issued by the state or country 12
3142	3142	to expire or lapse; 13
3143	3143
3144	3144	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 14
3145	3145	of the Family Law Article; 15
3146	3146
3147	3147	(23) Sells, prescribes, gives away, or administers drugs for illegal or 16
3148	3148	illegitimate medical purposes; 17
3149	3149
3150	3150	(24) Practices or attempts to practice beyond the authorized scope of 18
3151	3151	practice; 19
3152	3152
3153	3153	(25) Refuses, withholds from, denies, or discriminates against an individual 20
3154	3154	with regard to the provision of professional services for which the licensee is licensed and 21
3155	3155	qualified to render because the individual is HIV positive; 22
3156	3156
3157	3157	(26) Practices or attempts to practice a polysomnography procedure or uses 23
3158	3158	or attempts to use polysomnography equipment if the [applicant or] licensee has not 24
3159	3159	received education and training in the performance of the procedure or the use of the 25
3160	3160	equipment; 26
3161	3161
3162	3162	(27) Fails to cooperate with a lawful investigation conducted by the Board; 27
3163	3163	or 28
3164	3164
3165	3165	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 29
3166	3166	14–302 of this title. 30
3167	3167
3168	3168	14–5C–20. 31
3169	3169	SENATE BILL 218 67
3170	3170
3171	3171
3172	3172	Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 1
3173	3173	attempt to practice, or offer to practice polysomnography in this State unless licensed to 2
3174	3174	practice polysomnography by the Board. 3
3175	3175
3176	3176	14–5C–22. 4
3177	3177
3178	3178	A person may not provide, attempt to provide, offer to provide, or represent that the 5
3179	3179	person provides polysomnography unless the polysomnography is provided by an individual 6
3180	3180	who is authorized to practice polysomnography under this [subtitle] TITLE. 7
3181	3181
3182	3182	14–5C–22.1. 8
3183	3183
3184	3184	(a) Except as otherwise provided in this [subtitle] TITLE a licensed physician 9
3185	3185	may not employ or supervise an individual practicing polysomnography without a license. 10
3186	3186
3187	3187	14–5D–05. 11
3188	3188
3189	3189	(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 12
3190	3190
3191	3191	14–5D–07. 13
3192	3192
3193	3193	(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 14
3194	3194	licensed by the Board before the individual may practice athletic training in the State. 15
3195	3195
3196	3196	(b) This section does not apply to: 16
3197	3197
3198	3198	[(1) An individual employed by the federal government as an athletic 17
3199	3199	trainer while the individual is practicing within the scope of that employment; 18
3200	3200
3201	3201	(2)] (1) An individual employed by or under contract with an entity 19
3202	3202	located in another state who represents that entity: 20
3203	3203
3204	3204	(i) At an athletic event in the State; 21
3205	3205
3206	3206	(ii) For a period of time not to exceed 45 days within a calendar year; 22
3207	3207	and 23
3208	3208
3209	3209	(iii) By providing athletic training services to individuals 24
3210	3210	representing the entity at the event; or 25
3211	3211
3212	3212	[(3)] (2) A student enrolled in an education program that meets the 26
3213	3213	criteria of [§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an 27
3214	3214	unpaid, clinical educational experience of athletic training. 28
3215	3215
3216	3216	14–5D–08. 29 68 SENATE BILL 218
3217	3217
3218	3218
3219	3219
3220	3220	[(a) To qualify for a license, an applicant shall be an individual who meets the 1
3221	3221	requirements of this section. 2
3222	3222
3223	3223	(b) The applicant shall: 3
3224	3224
3225	3225	(1) Be of good moral character; 4
3226	3226
3227	3227	(2) Be at least 18 years old; and 5
3228	3228
3229	3229	(3) Complete a criminal history records check in accordance with § 6
3230	3230	14–308.1 of this title.] 7
3231	3231
3232	3232	[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 8
3233	3233	REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 9
3234	3234
3235	3235	(1) Have a current certification by a national certifying board approved by 10
3236	3236	the Board; AND 11
3237	3237
3238	3238	(2) Have received a bachelor’s or master’s degree from an athletic training 12
3239	3239	educational program that is accredited by the Commission on Accreditation of Athletic 13
3240	3240	Training Education or its successor[; 14
3241	3241
3242	3242	(3) Demonstrate oral and written competency in English as required by the 15
3243	3243	Board; and 16
3244	3244
3245	3245	(4) Meet any other requirements established by the Board]. 17
3246	3246
3247	3247	[(d)] (B) The Board shall waive the education requirements under this section if 18
3248	3248	an individual was certified by the National Athletic Trainers’ Association Board of 19
3249	3249	Certification, Inc., on or before October 1, 2012, and is currently in good standing. 20
3250	3250
3251	3251	14–5D–10. 21
3252	3252
3253	3253	(a) An athletic trainer license authorizes the licensee to practice athletic training 22
3254	3254	services IN THE STATE while the license is effective. 23
3255	3255
3256	3256	14–5D–11.1. 24
3257	3257
3258	3258	(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 25
3259	3259	may not employ or supervise an individual practicing athletic training without a license or 26
3260	3260	without an approved evaluation and treatment protocol. 27
3261	3261
3262	3262	(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, an 28
3263	3263	institution, an alternative health system, or any other employer may not employ an 29 SENATE BILL 218 69
3264	3264
3265	3265
3266	3266	individual practicing athletic training without a license or without an approved evaluation 1
3267	3267	and treatment protocol. 2
3268	3268
3269	3269	14–5D–14. 3
3270	3270
3271	3271	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
3272	3272	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 5
3273	3273	license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
3274	3274	suspend or revoke a license, if the [applicant or] licensee: 7
3275	3275
3276	3276	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
3277	3277	the [applicant,] licensee[,] or for another; 9
3278	3278
3279	3279	(2) Fraudulently or deceptively uses a license; 10
3280	3280
3281	3281	(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 11
3282	3282	training; 12
3283	3283
3284	3284	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 13
3285	3285	CARRY OUT IMPORTANT PROFESSION AL ACTIVITIES; 14
3286	3286
3287	3287	(5) Abandons a patient; 15
3288	3288
3289	3289	(6) Habitually is intoxicated; 16
3290	3290
3291	3291	(7) Is addicted to, or habitually abuses, any narcotic or controlled 17
3292	3292	dangerous substances as defined in § 5–101 of the Criminal Law Article; 18
3293	3293
3294	3294	(8) Provides professional services while: 19
3295	3295
3296	3296	(i) Under the influence of alcohol; or 20
3297	3297
3298	3298	(ii) Using any narcotic or controlled dangerous substance as defined 21
3299	3299	in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 22
3300	3300	amounts or without valid medical indication; 23
3301	3301
3302	3302	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 24
3303	3303	patient so as to exploit the patient for financial gain; 25
3304	3304
3305	3305	(10) Willfully makes or files a false report or record in the practice of athletic 26
3306	3306	training; 27
3307	3307
3308	3308	(11) Willfully fails to file or record any report as required under law, 28
3309	3309	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 29
3310	3310	to file or record the report; 30
3311	3311	70 SENATE BILL 218
3312	3312
3313	3313
3314	3314	(12) Breaches patient confidentiality; 1
3315	3315
3316	3316	(13) Pays or agrees to pay any sum or provide any form of remuneration or 2
3317	3317	material benefit to any individual for bringing or referring a patient or accepts or agrees to 3
3318	3318	accept any sum or any form of remuneration or material benefit from an individual for 4
3319	3319	bringing or referring a patient; 5
3320	3320
3321	3321	(14) Knowingly makes a misrepresentation while practicing athletic 6
3322	3322	training; 7
3323	3323
3324	3324	(15) Knowingly practices athletic training with an unauthorized individual 8
3325	3325	or aids an unauthorized individual in the practice of athletic trainer services; 9
3326	3326
3327	3327	(16) Offers, undertakes, or agrees to cure or treat disease by a secret 10
3328	3328	method, treatment, or medicine; 11
3329	3329
3330	3330	(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 12
3331	3331	convicted or disciplined by a court of any state or country or is disciplined by any branch of 13
3332	3332	the United States uniformed services or the [Veterans Administration] U.S. 14
3333	3333	DEPARTMENT OF VETERANS AFFAIRS for an act that would be grounds for disciplinary 15
3334	3334	action under this section; 16
3335	3335
3336	3336	(18) Fails to meet appropriate standards for the delivery of athletic training 17
3337	3337	services; 18
3338	3338
3339	3339	(19) Knowingly submits false statements to collect fees for which services 19
3340	3340	have not been provided; 20
3341	3341
3342	3342	(20) (i) Has been subject to investigation or disciplinary action by a 21
3343	3343	licensing or disciplinary authority or by a court of any state or country for an act that would 22
3344	3344	be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
3345	3345
3346	3346	(ii) Has: 24
3347	3347
3348	3348	1. Surrendered the license issued by the state or country; or 25
3349	3349
3350	3350	2. Allowed the license issued by the state or country to expire 26
3351	3351	or lapse; 27
3352	3352
3353	3353	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
3354	3354	of the Family Law Article; 29
3355	3355
3356	3356	(22) Sells, prescribes, gives away, or administers drugs for illegal or 30
3357	3357	illegitimate medical purposes; 31
3358	3358
3359	3359	(23) Practices or attempts to practice beyond the authorized scope of 32
3360	3360	practice; 33 SENATE BILL 218 71
3361	3361
3362	3362
3363	3363
3364	3364	(24) Refuses, withholds from, denies, or discriminates against an individual 1
3365	3365	with regard to the provision of professional services for which the licensee is licensed and 2
3366	3366	qualified to render because the individual is HIV positive; 3
3367	3367
3368	3368	(25) Practices or attempts to practice an athletic training procedure or uses 4
3369	3369	or attempts to use athletic training equipment if the applicant or licensee has not received 5
3370	3370	education and training in the performance of the procedure or the use of the equipment; 6
3371	3371
3372	3372	(26) Fails to cooperate with a lawful investigation conducted by the Board 7
3373	3373	or a disciplinary panel; 8
3374	3374
3375	3375	(27) Fails to practice under the supervision of a physician or violates the 9
3376	3376	approved evaluation and treatment protocol; 10
3377	3377
3378	3378	(28) Violates an order of the Board or a disciplinary panel, including any 11
3379	3379	condition of probation; 12
3380	3380
3381	3381	(29) Fails to complete a criminal history records check under [§ 14–308.1] § 13
3382	3382	14–302 of this title; or 14
3383	3383
3384	3384	(30) Performs dry needling without the approval of the Board issued under 15
3385	3385	§ 14–5D–11.4 of this subtitle. 16
3386	3386
3387	3387	14–5D–17. 17
3388	3388
3389	3389	Unless authorized to practice athletic training under this [subtitle] TITLE, a person 18
3390	3390	may not: 19
3391	3391
3392	3392	(1) Practice athletic training in this State; 20
3393	3393
3394	3394	(2) Attempt to practice or offer to practice athletic training in this State; 21
3395	3395
3396	3396	(3) Represent to the public by title, by description of services, methods, or 22
3397	3397	procedures, or otherwise, that the person is authorized to practice athletic training in this 23
3398	3398	State; or 24
3399	3399
3400	3400	(4) Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, 25
3401	3401	letters, or symbols with the intent to represent that the person practices athletic training. 26
3402	3402
3403	3403	14–5E–01. 27
3404	3404
3405	3405	(a) In this subtitle the following words have the meanings indicated. 28
3406	3406
3407	3407	(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 29
3408	3408	14–5E–09 of this subtitle, is: 30 72 SENATE BILL 218
3409	3409
3410	3410
3411	3411
3412	3412	(1) Enrolled in an accredited educational program to qualify for a license 1
3413	3413	under this subtitle; and 2
3414	3414
3415	3415	(2) Performing perfusion services within the accredited program under the 3
3416	3416	supervision of a licensed perfusionist and without compensation. 4
3417	3417
3418	3418	14–5E–06. 5
3419	3419
3420	3420	(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 6
3421	3421
3422	3422	14–5E–08. 7
3423	3423
3424	3424	(a) Except as otherwise provided in this [subtitle] TITLE, on or after October 1, 8
3425	3425	2013, an individual shall be licensed by the Board before the individual may practice 9
3426	3426	perfusion in this State. 10
3427	3427
3428	3428	(b) This section does not apply to a student enrolled in an education program 11
3429	3429	under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 12
3430	3430	program. 13
3431	3431
3432	3432	14–5E–09. 14
3433	3433
3434	3434	[(a) To qualify for a license, an applicant shall be an individual who meets the 15
3435	3435	requirements of this section. 16
3436	3436
3437	3437	(b) The applicant shall: 17
3438	3438
3439	3439	(1) Be of good moral character; 18
3440	3440
3441	3441	(2) Be at least 18 years old; and 19
3442	3442
3443	3443	(3) Complete a criminal history records check in accordance with § 20
3444	3444	14–308.1 of this title. 21
3445	3445
3446	3446	(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 22
3447	3447	UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 23
3448	3448
3449	3449	(1) (i) Submit to the Board satisfactory evidence of certification as a 24
3450	3450	certified perfusionist or other national certification approved by the Board; and 25
3451	3451
3452	3452	(ii) Meet any other educational or clinical requirements established 26
3453	3453	by the Committee and approved by the Board; or 27
3454	3454
3455	3455	(2) (i) Submit to the Board satisfactory evidence of graduation from a 28
3456	3456	perfusion educational program that is accredited by the Commission on Accreditation of 29 SENATE BILL 218 73
3457	3457
3458	3458
3459	3459	Allied Health Education Programs, or the Commission’s predecessor or successor; and 1
3460	3460
3461	3461	(ii) Meet any other educational or clinical requirements established 2
3462	3462	by the Committee and approved by the Board. 3
3463	3463
3464	3464	14–5E–10. 4
3465	3465
3466	3466	(a) Except as provided in subsection (b) of this section, an applicant who 5
3467	3467	otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle 6
3468	3468	is entitled to be licensed for a single 2–year term before taking the national certifying 7
3469	3469	examination given by the American Board of Cardiovascular Perfusion or its successor 8
3470	3470	organization or another examination given or approved by the Board. 9
3471	3471
3472	3472	14–5E–13. 10
3473	3473
3474	3474	[(a) (1) A license expires on a date set by the Board, unless the license is 11
3475	3475	renewed for an additional term as provided in this section. 12
3476	3476
3477	3477	(2) The term of a license issued by the Board may not exceed 3 years. 13
3478	3478
3479	3479	(b) At least 1 month before a license expires, the Board shall send to the licensed 14
3480	3480	perfusionist a renewal notice that states: 15
3481	3481
3482	3482	(1) The date on which the current license expires; 16
3483	3483
3484	3484	(2) The date by which the renewal application must be received by the 17
3485	3485	Board for the renewal to be issued and sent before the license expires; 18
3486	3486
3487	3487	(3) The amount of the renewal fee; and] 19
3488	3488
3489	3489	[(4)] (A) For licensees who qualified for an initial license under [§ 20
3490	3490	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO THE 21
3491	3491	LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 22
3492	3492	the licensee must submit satisfactory evidence of a passing score on the examination as 23
3493	3493	required under subsection [(c)(2)] (B) of this section. 24
3494	3494
3495	3495	[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 25
3496	3496	the licensed perfusionist periodically may renew it for an additional term, if the licensee: 26
3497	3497
3498	3498	(i) Otherwise is entitled to be licensed; 27
3499	3499
3500	3500	(ii) Is of good moral character; 28
3501	3501
3502	3502	(iii) Pays to the Board a renewal fee set by the Board; and 29
3503	3503
3504	3504	(iv) Except as provided in paragraph (2) of this subsection, submits 30 74 SENATE BILL 218
3505	3505
3506	3506
3507	3507	to the Board: 1
3508	3508
3509	3509	1. A renewal application on the form that the Board requires; 2
3510	3510	and 3
3511	3511
3512	3512	2. Satisfactory evidence of compliance with any continuing 4
3513	3513	education or competency requirements and other requirements set under this section for 5
3514	3514	license renewal.] 6
3515	3515
3516	3516	[(2)] (B) A licensee who qualified for an initial license under [§ 7
3517	3517	14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 8
3518	3518	evidence of a passing score on the national certifying examination given by the American 9
3519	3519	Board of Cardiovascular Perfusion or its successor organization or another examination 10
3520	3520	given or approved by the Board. 11
3521	3521
3522	3522	[(d) In addition to any other qualifications and requirements established by the 12
3523	3523	Board, the Board shall establish continuing education or competency requirements as a 13
3524	3524	condition of the renewal of a license under this section.] 14
3525	3525
3526	3526	[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 15
3527	3527	requirements of this section AND § 14–306 OF THIS TITLE. 16
3528	3528
3529	3529	(2) The Board may not renew the license of a licensee who fails to submit 17
3530	3530	satisfactory evidence of a passing score on the examination as required under subsection 18
3531	3531	[(c)(2)] (B) of this section. 19
3532	3532
3533	3533	[(f) The Board shall reinstate the license of an individual who has failed to renew 20
3534	3534	the license for any reason if the individual: 21
3535	3535
3536	3536	(1) Applies for reinstatement after the date the license expires; 22
3537	3537
3538	3538	(2) Meets the renewal requirements of this section; and 23
3539	3539
3540	3540	(3) Pays to the Board the reinstatement fee set by the Board. 24
3541	3541
3542	3542	(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 25
3543	3543	records check in accordance with § 14–308.1 of this title for: 26
3544	3544
3545	3545	(i) Renewal applicants as determined by regulations adopted by the 27
3546	3546	Board; and 28
3547	3547
3548	3548	(ii) Each former licensee who files for reinstatement under 29
3549	3549	subsection (f) of this section. 30
3550	3550
3551	3551	(2) On receipt of the criminal history record information of a licensee 31
3552	3552	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 32 SENATE BILL 218 75
3553	3553
3554	3554
3555	3555	disciplinary action should be taken, based on the criminal history record information, 1
3556	3556	against a licensee who renewed or reinstated a license, the Board shall consider: 2
3557	3557
3558	3558	(i) The age at which the crime was committed; 3
3559	3559
3560	3560	(ii) The nature of the crime; 4
3561	3561
3562	3562	(iii) The circumstances surrounding the crime; 5
3563	3563
3564	3564	(iv) The length of time that has passed since the crime; 6
3565	3565
3566	3566	(v) Subsequent work history; 7
3567	3567
3568	3568	(vi) Employment and character references; and 8
3569	3569
3570	3570	(vii) Other evidence that demonstrates whether the licensee poses a 9
3571	3571	threat to the public health or safety. 10
3572	3572
3573	3573	(3) The Board may renew or reinstate a license only if the licensee or 11
3574	3574	applicant attests that the licensee or applicant has submitted to a criminal history records 12
3575	3575	check under § 14–308.1 of this title. 13
3576	3576
3577	3577	(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
3578	3578	education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 15
3579	3579	for failure of a licensee to obtain the continuing education credits required by the Board.] 16
3580	3580
3581	3581	14–5E–14. 17
3582	3582
3583	3583	[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 18
3584	3584	name or address within 60 days after the change. 19
3585	3585
3586	3586	(2) A licensed perfusionist who fails to comply with the requirements of 20
3587	3587	paragraph (1) of this subsection is subject to an administrative penalty of $100.] 21
3588	3588
3589	3589	[(b)] Each licensed perfusionist shall: 22
3590	3590
3591	3591	(1) Keep a copy of the license in the licensee’s employment file; and 23
3592	3592
3593	3593	(2) Make the license available for inspection on request. 24
3594	3594
3595	3595	14–5E–16. 25
3596	3596
3597	3597	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
3598	3598	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 27
3599	3599	license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
3600	3600	suspend or revoke a license, if the [applicant or] licensee: 29 76 SENATE BILL 218
3601	3601
3602	3602
3603	3603
3604	3604	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
3605	3605	the [applicant or] licensee or for another; 2
3606	3606
3607	3607	(2) Fraudulently or deceptively uses a license; 3
3608	3608
3609	3609	(3) Is guilty of unprofessional or immoral conduct in the practice of 4
3610	3610	perfusion; 5
3611	3611
3612	3612	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 6
3613	3613	CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 7
3614	3614
3615	3615	(5) Abandons a patient; 8
3616	3616
3617	3617	(6) Is habitually intoxicated; 9
3618	3618
3619	3619	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 10
3620	3620	substance as defined in § 5–101 of the Criminal Law Article; 11
3621	3621
3622	3622	(8) Provides professional services while: 12
3623	3623
3624	3624	(i) Under the influence of alcohol; or 13
3625	3625
3626	3626	(ii) Using any narcotic or controlled dangerous substance as defined 14
3627	3627	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 15
3628	3628	amounts or without valid medical indication; 16
3629	3629
3630	3630	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 17
3631	3631	patient so as to exploit the patient for financial gain; 18
3632	3632
3633	3633	(10) Willfully makes or files a false report or record in the practice of 19
3634	3634	perfusion; 20
3635	3635
3636	3636	(11) Willfully fails to file or record any report as required under law, 21
3637	3637	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 22
3638	3638	to file or record a report; 23
3639	3639
3640	3640	(12) Breaches patient confidentiality; 24
3641	3641
3642	3642	(13) Pays or agrees to pay any sum or provide any form of remuneration or 25
3643	3643	material benefit to any person for bringing or referring a patient or accepts or agrees to 26
3644	3644	accept any sum or any form of remuneration or material benefit from an individual for 27
3645	3645	bringing or referring a patient; 28
3646	3646
3647	3647	(14) Knowingly makes a misrepresentation while practicing perfusion; 29
3648	3648	SENATE BILL 218 77
3649	3649
3650	3650
3651	3651	(15) Knowingly practices perfusion with an unauthorized individual or aids 1
3652	3652	an unauthorized individual in the practice of perfusion; 2
3653	3653
3654	3654	(16) Knowingly delegates a perfusion duty to an unlicensed individual; 3
3655	3655
3656	3656	(17) Offers, undertakes, or agrees to cure or treat disease by a secret 4
3657	3657	method, treatment, or medicine; 5
3658	3658
3659	3659	(18) Is disciplined by a licensing or disciplinary authority or is convicted or 6
3660	3660	disciplined by a court of any state or country or is disciplined by any branch of the United 7
3661	3661	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 8
3662	3662	be grounds for disciplinary action under the Board’s disciplinary statutes; 9
3663	3663
3664	3664	(19) Fails to meet appropriate standards for the delivery of perfusion 10
3665	3665	services; 11
3666	3666
3667	3667	(20) Knowingly submits false statements to collect fees for which services 12
3668	3668	are not provided; 13
3669	3669
3670	3670	(21) (i) Has been subject to investigation or disciplinary action by a 14
3671	3671	licensing or disciplinary authority or by a court of any state or country for an act that would 15
3672	3672	be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
3673	3673
3674	3674	(ii) Has: 17
3675	3675
3676	3676	1. Surrendered the license, if any, issued by the state or 18
3677	3677	country; or 19
3678	3678
3679	3679	2. Allowed the license, if any, issued by the state or country 20
3680	3680	to expire or lapse; 21
3681	3681
3682	3682	(22) Knowingly fails to report suspected child abuse in violation of § 5–704 22
3683	3683	of the Family Law Article; 23
3684	3684
3685	3685	(23) Sells, prescribes, gives away, or administers drugs for illegal or 24
3686	3686	illegitimate medical purposes; 25
3687	3687
3688	3688	(24) Practices or attempts to practice beyond the authorized scope of 26
3689	3689	practice; 27
3690	3690
3691	3691	(25) Refuses, withholds from, denies, or discriminates against an individual 28
3692	3692	with regard to the provision of professional services for which the licensee is licensed and 29
3693	3693	qualified to render because the individual is HIV positive; 30
3694	3694
3695	3695	(26) Practices or attempts to practice a perfusion procedure or uses or 31
3696	3696	attempts to use perfusion equipment if the applicant or licensee has not received education 32
3697	3697	and training in the performance of the procedure or the use of the equipment; 33 78 SENATE BILL 218
3698	3698
3699	3699
3700	3700
3701	3701	(27) Fails to cooperate with a lawful investigation of the Board or a 1
3702	3702	disciplinary panel; or 2
3703	3703
3704	3704	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 3
3705	3705	14–302 of this title. 4
3706	3706
3707	3707	14–5E–20. 5
3708	3708
3709	3709	Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 6
3710	3710	attempt to practice, or offer to practice perfusion in this State unless licensed to practice 7
3711	3711	perfusion by the Board. 8
3712	3712
3713	3713	14–5E–21. 9
3714	3714
3715	3715	(a) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 10
3716	3716	may not represent to the public by title, by description of services, methods, or procedures, 11
3717	3717	or otherwise, that the person is authorized to practice perfusion in this State. 12
3718	3718
3719	3719	(b) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 13
3720	3720	may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed 14
3721	3721	clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, 15
3722	3722	letters, or symbols with the intent to represent that the person practices perfusion, holds a 16
3723	3723	certificate as a certified clinical perfusionist issued by the American Board of 17
3724	3724	Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist 18
3725	3725	issued by the Board. 19
3726	3726
3727	3727	14–5E–22. 20
3728	3728
3729	3729	A person may not provide, attempt to provide, offer to provide, or represent that the 21
3730	3730	person provides perfusion services unless the perfusion is provided by an individual who is 22
3731	3731	authorized to practice perfusion under this [subtitle] TITLE. 23
3732	3732
3733	3733	14–5F–07. 24
3734	3734
3735	3735	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 25
3736	3736
3737	3737	14–5F–10. 26
3738	3738
3739	3739	(a) Beginning March 1, 2016, except as otherwise provided in this [subtitle] 27
3740	3740	TITLE, an individual shall be licensed by the Board before the individual may practice 28
3741	3741	naturopathic medicine in the State. 29
3742	3742
3743	3743	(b) This section does not apply to: 30
3744	3744	SENATE BILL 218 79
3745	3745
3746	3746
3747	3747	[(1) An individual who is employed by the United States government to 1
3748	3748	practice naturopathic medicine while practicing within the scope of that employment; 2
3749	3749
3750	3750	(2)] (1) A student who is enrolled in an approved naturopathic medical 3
3751	3751	program while the student is participating in a course of study under the supervision of a 4
3752	3752	licensed naturopathic doctor or a licensed professional in the field of study; 5
3753	3753
3754	3754	[(3)] (2) An individual who is licensed in another state to practice 6
3755	3755	naturopathic medicine and whose practice of naturopathic medicine in the State is limited 7
3756	3756	to examination, recommendation, or testimony in litigation; or 8
3757	3757
3758	3758	[(4)] (3) A naturopathic doctor licensed by and residing in another 9
3759	3759	jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic 10
3760	3760	doctor in the State about a particular patient and does not direct patient care. 11
3761	3761
3762	3762	(c) The Board may not discriminate, in any manner, against any applicant or 12
3763	3763	licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, or 13
3764	3764	national origin. 14
3765	3765
3766	3766	14–5F–11. 15
3767	3767
3768	3768	(a) [To] IN ADDITION TO THE REQUIREMENTS UNDER § 14–301 OF THIS 16
3769	3769	TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 17
3770	3770	requirements of this section. 18
3771	3771
3772	3772	(b) The applicant shall be of good moral character. 19
3773	3773
3774	3774	(c) The] applicant shall be at least 21 years old. 20
3775	3775
3776	3776	[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 21
3777	3777
3778	3778	(1) Have a doctorate in naturopathic medicine from an approved 22
3779	3779	naturopathic medical program; and 23
3780	3780
3781	3781	(2) Pass the competency –based national naturopathic licensing 24
3782	3782	examination Part I and Part II administered by the North American Board of Naturopathic 25
3783	3783	Examiners, or its successor agency that has been nationally recognized to administer a 26
3784	3784	naturopathic examination that represents federal standards of education and training. 27
3785	3785
3786	3786	[(e)] (C) An applicant shall be physically and mentally capable of safely 28
3787	3787	practicing naturopathic medicine with or without reasonable accommodation. 29
3788	3788
3789	3789	[(f)] (D) If an applicant is licensed, certified, or registered to practice 30
3790	3790	naturopathic medicine or any other health occupation in another state, the applicant shall 31
3791	3791	be in good standing with the applicable state licensing, certification, or registration 32 80 SENATE BILL 218
3792	3792
3793	3793
3794	3794	authority. 1
3795	3795
3796	3796	[(g) An applicant shall complete a criminal history records check in accordance 2
3797	3797	with § 14–308.1 of this title.] 3
3798	3798
3799	3799	14–5F–12. 4
3800	3800
3801	3801	To apply for a license, an applicant shall: 5
3802	3802
3803	3803	[(1) Complete a criminal history records check in accordance with § 6
3804	3804	14–308.1 of this title; 7
3805	3805
3806	3806	(2) Submit an application to the Board on a form that the Board requires; 8
3807	3807
3808	3808	(3) Pay to the Board an application fee set by the Board;] 9
3809	3809
3810	3810	[(4)] (1) If the applicant has been licensed, certified, or registered to 10
3811	3811	practice naturopathic medicine in another state, submit all evidence relating to: 11
3812	3812
3813	3813	(i) Any disciplinary action taken or any administrative penalties 12
3814	3814	assessed against the applicant by the appropriate state licensing, certification, or 13
3815	3815	registration authority; and 14
3816	3816
3817	3817	(ii) Any consent agreements the applicant entered into that contain 15
3818	3818	conditions placed on the applicant’s professional conduct and practice, including any 16
3819	3819	voluntary surrender of a license; 17
3820	3820
3821	3821	[(5)] (2) Complete and submit to the Board a Board–approved written 18
3822	3822	attestation that: 19
3823	3823
3824	3824	(i) States that the applicant has a collaboration and consultation 20
3825	3825	agreement with a physician licensed under this article; 21
3826	3826
3827	3827	(ii) Includes the name and license number of the physician with 22
3828	3828	whom the applicant has a collaboration and consultation agreement; 23
3829	3829
3830	3830	(iii) States that the applicant will refer patients to and consult with 24
3831	3831	physicians and other health care providers licensed or certified under this article as needed; 25
3832	3832	and 26
3833	3833
3834	3834	(iv) States that the applicant will require patients to sign a consent 27
3835	3835	form that states that the applicant’s practice of naturopathic medicine is limited to the 28
3836	3836	scope of practice identified in § 14–5F–14 of this subtitle; and 29
3837	3837
3838	3838	[(6)] (3) Inform the physician named in the attestation that the physician 30
3839	3839	has been named. 31 SENATE BILL 218 81
3840	3840
3841	3841
3842	3842
3843	3843	14–5F–15. 1
3844	3844
3845	3845	[(a) (1) The term of a license issued by the Board may not exceed 3 years. 2
3846	3846
3847	3847	(2) A license expires on a date set by the Board, unless the license is 3
3848	3848	renewed as provided in this section. 4
3849	3849
3850	3850	(b) At least 1 month before the license expires, the Board shall send to the licensee 5
3851	3851	a renewal notice that states: 6
3852	3852
3853	3853	(1) The date on which the current license expires; 7
3854	3854
3855	3855	(2) The date by which the renewal application must be received by the 8
3856	3856	Board for the renewal to be issued and mailed before the license expires; and 9
3857	3857
3858	3858	(3) The amount of the renewal fee. 10
3859	3859
3860	3860	(c) The Board shall renew the license of a licensee who: 11
3861	3861
3862	3862	(1) Submits a renewal application on the form that the Board requires; 12
3863	3863
3864	3864	(2) Is of good moral character; 13
3865	3865
3866	3866	(3) Pays a renewal fee set by the Board; 14
3867	3867
3868	3868	(4) Is otherwise entitled to be licensed; 15
3869	3869
3870	3870	(5) Meets the continuing education requirements adopted by the Board; 16
3871	3871	and 17
3872	3872
3873	3873	(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 18
3874	3874	REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 19
3875	3875	evidence of biennial cardiopulmonary resuscitation certification. 20
3876	3876
3877	3877	[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 21
3878	3878	records check in accordance with § 14–308.1 of this title for: 22
3879	3879
3880	3880	(i) Renewal applicants as determined by regulations adopted by the 23
3881	3881	Board; and 24
3882	3882
3883	3883	(ii) Each former licensee who files for reinstatement under § 25
3884	3884	14–5F–16(b) of this subtitle. 26
3885	3885
3886	3886	(2) On receipt of the criminal history record information of a licensee 27
3887	3887	forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 28 82 SENATE BILL 218
3888	3888
3889	3889
3890	3890	disciplinary action should be taken, based on the criminal history record information, 1
3891	3891	against a licensee who renewed or reinstated a license, the Board shall consider: 2
3892	3892
3893	3893	(i) The age at which the crime was committed; 3
3894	3894
3895	3895	(ii) The nature of the crime; 4
3896	3896
3897	3897	(iii) The circumstances surrounding the crime; 5
3898	3898
3899	3899	(iv) The length of time that has passed since the crime; 6
3900	3900
3901	3901	(v) Subsequent work history; 7
3902	3902
3903	3903	(vi) Employment and character references; and 8
3904	3904
3905	3905	(vii) Other evidence that demonstrates whether the licensee poses a 9
3906	3906	threat to the public health or safety. 10
3907	3907
3908	3908	(3) The Board may renew or reinstate a license only if the licensee or 11
3909	3909	applicant attests that the licensee or applicant has submitted to a criminal history records 12
3910	3910	check under § 14–308.1 of this title. 13
3911	3911
3912	3912	(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
3913	3913	education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 15
3914	3914	for failure of a licensee to obtain the continuing education credits required by the Board.] 16
3915	3915
3916	3916	14–5F–16. 17
3917	3917
3918	3918	(a) [(1)] The Board may place a licensee on inactive status if the licensee 18
3919	3919	submits to the Board: 19
3920	3920
3921	3921	[(i)] (1) An application for inactive status on the form required by 20
3922	3922	the Board; and 21
3923	3923
3924	3924	[(ii)] (2) The inactive status fee set by the Board. 22
3925	3925
3926	3926	[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 23
3927	3927	on inactive status if the individual is otherwise entitled to be licensed under this subtitle 24
3928	3928	and submits to the Board: 25
3929	3929
3930	3930	[(i)] (1) Satisfactory evidence of compliance with the requirements 26
3931	3931	of [§ 14–308.1] § 14–302 of this title; 27
3932	3932
3933	3933	[(ii)] (2) Satisfactory evidence of compliance with the continuing 28
3934	3934	education requirements the Board adopts for this purpose; and 29
3935	3935	SENATE BILL 218 83
3936	3936
3937	3937
3938	3938	[(iii)] (3) A reinstatement fee set by the Board. 1
3939	3939
3940	3940	[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 2
3941	3941	to renew the license for any reason if the naturopathic doctor: 3
3942	3942
3943	3943	(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 4
3944	3944
3945	3945	(2) Pays to the Board a reinstatement fee set by the Board; and 5
3946	3946
3947	3947	(3) Submits to the Board satisfactory evidence of compliance with the 6
3948	3948	qualifications and requirements adopted by the Board under this subtitle for license 7
3949	3949	reinstatements.] 8
3950	3950
3951	3951	14–5F–18. 9
3952	3952
3953	3953	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
3954	3954	on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 11
3955	3955	license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
3956	3956	suspend or revoke a license of any licensee if the [applicant or] licensee: 13
3957	3957
3958	3958	(1) Is habitually intoxicated, or is addicted to or habitually abuses any 14
3959	3959	narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 15
3960	3960	Article, or any drug without a valid prescription or indication, or provides professional 16
3961	3961	services while under the influence of alcohol or using any narcotic or controlled dangerous 17
3962	3962	substance, as defined in § 5–101 of the Criminal Law Article; 18
3963	3963
3964	3964	(2) Has been found to be mentally [incompetent] UNABLE TO CARRY OUT 19
3965	3965	IMPORTANT PROFESSION AL ACTIVITIES by a physician if [the mental incompetence 20
3966	3966	impairs the ability of the applicant or licensee to] THE LICENSEE’S ABILITY TO undertake 21
3967	3967	the practice of naturopathic medicine in a manner consistent with the safety of the public 22
3968	3968	IS IMPAIRED; 23
3969	3969
3970	3970	(3) Has entered into a consent agreement with or has been assessed an 24
3971	3971	administrative penalty by a licensing authority in another state; 25
3972	3972
3973	3973	(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 26
3974	3974	license for [the applicant,] the licensee[,] or another; 27
3975	3975
3976	3976	(5) Has a license revoked or suspended, or was otherwise acted against, 28
3977	3977	including the denial of licensure, by the licensing authority of another state; 29
3978	3978
3979	3979	(6) Uses false, deceptive, or misleading advertising; 30
3980	3980
3981	3981	(7) Advertises, practices, or attempts to practice under a name other than 31
3982	3982	the [applicant’s or] licensee’s own name; 32 84 SENATE BILL 218
3983	3983
3984	3984
3985	3985
3986	3986	(8) Aids, assists, employs, or advises any unlicensed individual to practice 1
3987	3987	naturopathic medicine in violation of this subtitle; 2
3988	3988
3989	3989	(9) Willfully makes or files a false report or record in the practice of 3
3990	3990	naturopathic medicine; 4
3991	3991
3992	3992	(10) Willfully or negligently fails to file a report or record as required by law, 5
3993	3993	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
3994	3994	to file or record a report; 7
3995	3995
3996	3996	(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 8
3997	3997	in any split–fee arrangement in any form with a licensed physician, organization, agency, 9
3998	3998	or other person, either directly or indirectly, for patients referred to health care providers; 10
3999	3999
4000	4000	(12) Exercises influence within a patient–doctor relationship for purposes of 11
4001	4001	engaging a patient in sexual activity; 12
4002	4002
4003	4003	(13) Engages in sexual misconduct with a patient; 13
4004	4004
4005	4005	(14) Fails to keep written medical records justifying the course of treatment 14
4006	4006	of a patient; 15
4007	4007
4008	4008	(15) Engages in an act or omission that does not meet generally accepted 16
4009	4009	standards of practice of naturopathic medicine or of safe care of patients, whether or not 17
4010	4010	actual injury to a patient is established; 18
4011	4011
4012	4012	(16) Delegates professional responsibilities to an individual when the 19
4013	4013	licensee delegating the responsibilities knows or has reason to know that the individual is 20
4014	4014	not qualified by training, experience, or licensure to perform the responsibilities; 21
4015	4015
4016	4016	(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 22
4017	4017	patient so as to exploit the patient for financial gain; 23
4018	4018
4019	4019	(18) Breaches patient confidentiality; 24
4020	4020
4021	4021	(19) Is guilty of unprofessional or immoral conduct in the practice of 25
4022	4022	naturopathic medicine; 26
4023	4023
4024	4024	(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 27
4025	4025	method, treatment, or medicine; 28
4026	4026
4027	4027	(21) Knowingly fails to report suspected child abuse in violation of § 5–704 29
4028	4028	of the Family Law Article; 30
4029	4029
4030	4030	(22) Sells, prescribes, gives away, or administers drugs for illegal or 31
4031	4031	illegitimate purposes; 32 SENATE BILL 218 85
4032	4032
4033	4033
4034	4034
4035	4035	(23) Denies or discriminates against an individual with regard to the 1
4036	4036	provision of professional services for which the licensee is licensed and qualified to render 2
4037	4037	because the individual is HIV positive; 3
4038	4038
4039	4039	(24) Fails to cooperate with a lawful investigation of the Board; 4
4040	4040
4041	4041	(25) Abandons a patient; 5
4042	4042
4043	4043	(26) Violates any provision of this title or any regulation adopted by the 6
4044	4044	Board; or 7
4045	4045
4046	4046	(27) Fails to complete a criminal history records check under [§ 14–308.1] § 8
4047	4047	14–302 of this title. 9
4048	4048
4049	4049	14–5F–21. 10
4050	4050
4051	4051	[(a) The Board shall give notice and hold a hearing in accordance with the 11
4052	4052	Administrative Procedure Act. 12
4053	4053
4054	4054	(b) The individual may be represented at the hearing by counsel. 13
4055	4055
4056	4056	(c) Over the signature of an officer or the administrator of the Board, the Board 14
4057	4057	or a disciplinary panel may issue subpoenas and administer oaths in connection with any 15
4058	4058	investigation under this subtitle and any hearings or proceedings before the Board or a 16
4059	4059	disciplinary panel. 17
4060	4060
4061	4061	(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 18
4062	4062	disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 19
4063	4063	testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 20
4064	4064	may punish the person as for contempt of court. 21
4065	4065
4066	4066	(e) If, after due notice, the individual against whom the action is contemplated 22
4067	4067	fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 23
4068	4068	matter. 24
4069	4069
4070	4070	(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 25
4071	4071	PROCEDURE ACT , an individual is found in violation of § 14–5F–18 of this subtitle, the 26
4072	4072	individual shall pay the costs of the hearing as specified in a regulation adopted by the 27
4073	4073	Board. 28
4074	4074
4075	4075	14–5F–24. 29
4076	4076
4077	4077	(c) A disciplinary panel may not reinstate a surrendered or revoked license that 30
4078	4078	has been surrendered or revoked for a period of more than 1 year unless the licensee: 31
4079	4079	86 SENATE BILL 218
4080	4080
4081	4081
4082	4082	(1) Meets the requirements for reinstatement as established under this 1
4083	4083	title; and 2
4084	4084
4085	4085	(2) Completes a criminal history records check in accordance with [§ 3
4086	4086	14–308.1] § 14–302 of this title. 4
4087	4087
4088	4088	14–5F–29. 5
4089	4089
4090	4090	(a) Except as otherwise provided in this [subtitle] TITLE, an individual may not 6
4091	4091	practice, attempt to practice, or offer to practice naturopathic medicine in this State without 7
4092	4092	a license. 8
4093	4093
4094	4094	14–5G–08. 9
4095	4095
4096	4096	(a) Except as otherwise provided in this [subtitle] TITLE, on or after January 1, 10
4097	4097	2024, an individual shall be licensed by the Board before the individual may practice 11
4098	4098	genetic counseling in the State. 12
4099	4099
4100	4100	(b) This section does not apply to: 13
4101	4101
4102	4102	[(1) An individual who is employed by the United States government to 14
4103	4103	practice genetic counseling while practicing within the scope of that employment;] 15
4104	4104
4105	4105	[(2)] (1) An individual who resides in and holds an active license in 16
4106	4106	another state if the individual is engaged in consultation with a physician or genetic 17
4107	4107	counselor licensed in the State about a particular patient and the individual: 18
4108	4108
4109	4109	(i) Does not order or coordinate genetic laboratory tests or other 19
4110	4110	diagnostic studies; and 20
4111	4111
4112	4112	(ii) Does not provide consultation in the State for more than a total 21
4113	4113	of 10 patients within a calendar year; or 22
4114	4114
4115	4115	[(3)] (2) A student enrolled in a genetic counseling training program that 23
4116	4116	is accredited by a national accrediting organization recognized by the Board in regulations 24
4117	4117	while the student is practicing genetic counseling in the program and doing the assigned 25
4118	4118	duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar 26
4119	4119	facility. 27
4120	4120
4121	4121	14–5G–09. 28
4122	4122
4123	4123	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 29
4124	4124	individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 30
4125	4125
4126	4126	(b) [The applicant must be of good moral character. 31 SENATE BILL 218 87
4127	4127
4128	4128
4129	4129
4130	4130	(c) The applicant must be at least 18 years old. 1
4131	4131
4132	4132	(d)] The applicant must be a graduate of an appropriate education program 2
4133	4133	approved by the Board. 3
4134	4134
4135	4135	[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 4
4136	4136	shall submit to the Board satisfactory evidence of certification by a national certifying 5
4137	4137	organization approved by the Board. 6
4138	4138
4139	4139	[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 7
4140	4140	(C) of this section, the applicant may qualify for licensure if the applicant: 8
4141	4141
4142	4142	(1) Has worked as a genetic counselor for: 9
4143	4143
4144	4144	(i) At least 10 years before January 1, 2024; and 10
4145	4145
4146	4146	(ii) At least 5 consecutive years immediately preceding the date on 11
4147	4147	which the applicant submits the application for licensure; 12
4148	4148
4149	4149	(2) Has graduated from an education program approved by the Board; 13
4150	4150
4151	4151	(3) Submits to the Board three letters of recommendation from licensed 14
4152	4152	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 15
4153	4153	for licensure and who: 16
4154	4154
4155	4155	(i) Have worked with the applicant in an employment or 17
4156	4156	professional setting for 3 years before the applicant submits the application for licensure; 18
4157	4157	and 19
4158	4158
4159	4159	(ii) Can attest to the applicant’s competency in providing genetic 20
4160	4160	counseling services; and 21
4161	4161
4162	4162	(4) Applies for initial licensure on or before December 31, 2024. 22
4163	4163
4164	4164	[(g) The applicant shall complete a criminal history records check in accordance 23
4165	4165	with § 14–308.1 of this title.] 24
4166	4166
4167	4167	[(h)] (E) The applicant shall meet any additional education, training, or 25
4168	4168	examination requirements established by the Board. 26
4169	4169
4170	4170	14–5G–14. 27
4171	4171
4172	4172	(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 28
4173	4173	14–5G–18 of this subtitle to the same extent as a genetic counselor. 29 88 SENATE BILL 218
4174	4174
4175	4175
4176	4176
4177	4177	14–5G–17. 1
4178	4178
4179	4179	A disciplinary panel may issue a cease and desist order for[: 2
4180	4180
4181	4181	(1) Practicing genetic counseling without a license or with an unauthorized 3
4182	4182	person; or 4
4183	4183
4184	4184	(2) Supervising] SUPERVISING or aiding an unauthorized person in the 5
4185	4185	practice of genetic counseling. 6
4186	4186
4187	4187	14–5G–18. 7
4188	4188
4189	4189	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 8
4190	4190	on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 9
4191	4191	license to any applicant,] reprimand any licensee, place any licensee on probation, or 10
4192	4192	suspend or revoke a license, if the [applicant or] licensee: 11
4193	4193
4194	4194	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
4195	4195	the applicant or licensee or for another; 13
4196	4196
4197	4197	(2) Fraudulently or deceptively uses a license; 14
4198	4198
4199	4199	(3) Is guilty of unprofessional or immoral conduct while practicing genetic 15
4200	4200	counseling; 16
4201	4201
4202	4202	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
4203	4203	CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
4204	4204
4205	4205	(5) Abandons a patient; 19
4206	4206
4207	4207	(6) Is habitually intoxicated; 20
4208	4208
4209	4209	(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 21
4210	4210	substance as defined in § 5–101 of the Criminal Law Article; 22
4211	4211
4212	4212	(8) Provides professional services while: 23
4213	4213
4214	4214	(i) Under the influence of alcohol; or 24
4215	4215
4216	4216	(ii) Using any narcotic or controlled dangerous substance as defined 25
4217	4217	in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 26
4218	4218	amounts or without valid medical indication; 27
4219	4219
4220	4220	(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 28
4221	4221	patient so as to exploit the patient for financial gain; 29 SENATE BILL 218 89
4222	4222
4223	4223
4224	4224
4225	4225	(10) Willfully makes or files a false report or record in the practice of genetic 1
4226	4226	counseling; 2
4227	4227
4228	4228	(11) Willfully fails to file or record any report as required under law, 3
4229	4229	willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
4230	4230	to file or record a report; 5
4231	4231
4232	4232	(12) Breaches patient confidentiality; 6
4233	4233
4234	4234	(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
4235	4235	material benefit to any person for bringing or referring a patient or accepts or agrees to 8
4236	4236	accept any sum or any form of remuneration or material benefit from an individual for 9
4237	4237	bringing or referring a patient; 10
4238	4238
4239	4239	(14) Knowingly makes a misrepresentation while practicing genetic 11
4240	4240	counseling; 12
4241	4241
4242	4242	(15) Knowingly practices genetic counseling with an unauthorized 13
4243	4243	individual or aids an unauthorized individual in practicing genetic counseling; 14
4244	4244
4245	4245	(16) Knowingly delegates a genetic counseling duty to an unlicensed 15
4246	4246	individual; 16
4247	4247
4248	4248	(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 17
4249	4249	OVERUTILIZATION OF health care services; 18
4250	4250
4251	4251	(18) Offers, undertakes, or agrees to cure or treat disease by a secret 19
4252	4252	method, treatment, or medicine; 20
4253	4253
4254	4254	(19) Is disciplined by a licensing or disciplinary authority or is convicted or 21
4255	4255	disciplined by a court of any state or country or is disciplined by any branch of the United 22
4256	4256	States uniformed services or the U.S. Department of Veterans Affairs for an act that would 23
4257	4257	be grounds for disciplinary action under the Board’s disciplinary statutes; 24
4258	4258
4259	4259	(20) Fails to meet appropriate standards for the delivery of genetic 25
4260	4260	counseling services; 26
4261	4261
4262	4262	(21) Knowingly submits false statements to collect fees for which services 27
4263	4263	are not provided; 28
4264	4264
4265	4265	(22) (i) Has been subject to investigation or disciplinary action by a 29
4266	4266	licensing or disciplinary authority or by a court of any state or country for an act that would 30
4267	4267	be grounds for disciplinary action under the Board’s disciplinary statutes; and 31
4268	4268
4269	4269	(ii) Has: 32 90 SENATE BILL 218
4270	4270
4271	4271
4272	4272
4273	4273	1. Surrendered the license, if any, issued by the state or 1
4274	4274
4275	4275	2. Allowed the license, if any, issued by the state or country 2
4276	4276	to expire or lapse; 3
4277	4277
4278	4278	(23) Knowingly fails to report suspected child abuse in violation of § 5–704 4
4279	4279	of the Family Law Article; 5
4280	4280
4281	4281	(24) Practices or attempts to practice beyond the authorized scope of 6
4282	4282	practice; 7
4283	4283
4284	4284	(25) Refuses, withholds from, denies, or discriminates against an individual 8
4285	4285	with regard to the provision of professional services for which the licensee is licensed and 9
4286	4286	qualified to render because the individual is HIV positive; 10
4287	4287
4288	4288	(26) Practices or attempts to practice genetic counseling procedures or uses 11
4289	4289	or attempts to use genetic assessments if the applicant or licensee has not received 12
4290	4290	education and training in the performance of the procedure or the use of the genetic 13
4291	4291	assessment; 14
4292	4292
4293	4293	(27) Fails to cooperate with a lawful investigation of the Board or a 15
4294	4294	disciplinary panel; 16
4295	4295
4296	4296	(28) Fails to complete a criminal history records check under [§ 14–308.1] § 17
4297	4297	14–302 of this title; or 18
4298	4298
4299	4299	(29) Violates any provision of this title or any rule or regulation pertaining 19
4300	4300	to genetic counseling that is adopted by the Board, the State, or the federal government. 20
4301	4301
4302	4302	14–5G–23. 21
4303	4303
4304	4304	Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 22
4305	4305	attempt to practice, or offer to practice genetic counseling in this State unless licensed to 23
4306	4306	practice genetic counseling by the Board. 24
4307	4307
4308	4308	14–5G–24. 25
4309	4309
4310	4310	(a) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 26
4311	4311	a person may not represent to the public by title, by description of services, methods, or 27
4312	4312	procedures, or otherwise, that the person is authorized to practice genetic counseling in this 28
4313	4313	State. 29
4314	4314
4315	4315	(b) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 30
4316	4316	a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified 31
4317	4317	genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, 32 SENATE BILL 218 91
4318	4318
4319	4319
4320	4320	letters, or symbols with the intent to imply that the person practices genetic counseling or 1
4321	4321	is a certified genetic counselor or licensed genetic counselor. 2
4322	4322
4323	4323	14–5G–25. 3
4324	4324
4325	4325	A person may not provide, attempt to provide, offer to provide, or represent that the 4
4326	4326	person provides genetic counseling services unless the genetic counseling is provided by an 5
4327	4327	individual who is authorized to practice genetic counseling under this [subtitle] TITLE. 6
4328	4328
4329	4329	14–5G–26. 7
4330	4330
4331	4331	(a) Except as otherwise provided in this [subtitle] TITLE, a licensed genetic 8
4332	4332	counselor or a licensed physician may not employ or supervise an individual practicing 9
4333	4333	genetic counseling without a license. 10
4334	4334
4335	4335	(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
4336	4336	institution, alternative health system, or employer may not employ an individual practicing 12
4337	4337	genetic counseling without a license. 13
4338	4338
4339	4339	SUBTITLE 5H. PHYSICIAN ASSISTANTS. 14
4340	4340
4341	4341	14–5H–01. 15
4342	4342
4343	4343	(a) In this [title] SUBTITLE the following words have the meanings indicated. 16
4344	4344
4345	4345	[(d) “Board” means the State Board of Physicians, established under § 14–201 of 17
4346	4346	this article.] 18
4347	4347
4348	4348	[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 19
4349	4349
4350	4350	[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 20
4351	4351	of the Criminal Law Article. 21
4352	4352
4353	4353	[(g)] (F) “Correctional facility” includes a State or local correctional facility. 22
4354	4354
4355	4355	[(h)] (G) “Delegated medical acts” means activities that constitute the practice 23
4356	4356	of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 24
4357	4357
4358	4358	[(i)] (H) “Delegation agreement” means a document that is executed by a 25
4359	4359	primary supervising physician and a physician assistant containing the requirements of [§ 26
4360	4360	15–302] § 14–5H–08 of this [title] SUBTITLE. 27
4361	4361
4362	4362	[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
4363	4363	under § 14–401 of this article.] 29 92 SENATE BILL 218
4364	4364
4365	4365
4366	4366
4367	4367	[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
4368	4368	article. 2
4369	4369
4370	4370	[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
4371	4371	promote the sale of the drug and is not intended for sale. 4
4372	4372
4373	4373	[(l)] (K) “Hospital” means: 5
4374	4374
4375	4375	(1) A hospital as defined under § 19–301 of the Health – General Article; 6
4376	4376
4377	4377	(2) A comprehensive care facility that: 7
4378	4378
4379	4379	(i) Meets the requirements of a hospital–based skilled nursing 8
4380	4380	facility under federal law; and 9
4381	4381
4382	4382	(ii) Offers acute care in the same building; and 10
4383	4383
4384	4384	(3) An emergency room that is physically connected to a hospital or a 11
4385	4385	freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 12
4386	4386	General Article. 13
4387	4387
4388	4388	[(m)] (L) “License” means a license issued by the Board to a physician assistant 14
4389	4389	under this title. 15
4390	4390
4391	4391	[(n)] (M) “National certifying examination” means the Physician Assistant 16
4392	4392	National Certifying Examination administered by the National Commission on 17
4393	4393	Certification of Physician Assistants or its successor. 18
4394	4394
4395	4395	[(o)] (N) “Physician assistant” means an individual who is licensed under this 19
4396	4396	title to practice medicine with physician supervision. 20
4397	4397
4398	4398	[(p)] (O) “Practice as a physician assistant” means the performance of medical 21
4399	4399	acts that are: 22
4400	4400
4401	4401	(1) Delegated by a supervising physician to a physician assistant; 23
4402	4402
4403	4403	(2) Within the supervising physician’s scope of practice; and 24
4404	4404
4405	4405	(3) Appropriate to the physician assistant’s education, training, and 25
4406	4406	experience. 26
4407	4407
4408	4408	[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
4409	4409	alternate supervising physician to a physician assistant to: 28
4410	4410
4411	4411	(1) Prescribe and administer controlled dangerous substances, prescription 29 SENATE BILL 218 93
4412	4412
4413	4413
4414	4414	drugs, medical devices, and the oral, written, or electronic ordering of medications; and 1
4415	4415
4416	4416	(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 2
4417	4417	14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 3
4418	4418
4419	4419	[(r)] (Q) “Primary supervising physician” means a physician who: 4
4420	4420
4421	4421	(1) Completes a delegation agreement that meets the requirements under 5
4422	4422	[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 6
4423	4423	SUBTITLE and files a copy with the Board; 7
4424	4424
4425	4425	(2) Acts as the physician responsible to ensure that a physician assistant 8
4426	4426	practices medicine in accordance with this title and the regulations adopted under this title; 9
4427	4427
4428	4428	(3) Ensures that a physician assistant practices within the scope of practice 10
4429	4429	of the primary supervising physician or any designated alternate supervising physician; 11
4430	4430	and 12
4431	4431
4432	4432	(4) Ensures that a list of alternate supervising physicians is maintained at 13
4433	4433	the practice setting. 14
4434	4434
4435	4435	[(s)] (R) “Public health facility” means a site where clinical public health 15
4436	4436	services are rendered under the auspices of the Department, a local health department in 16
4437	4437	a county, or the Baltimore City Health Department. 17
4438	4438
4439	4439	[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 18
4440	4440
4441	4441	(1) Of short duration of 72 hours or less; or 19
4442	4442
4443	4443	(2) Prior to obtaining a larger quantity of the drug to complete therapy. 20
4444	4444
4445	4445	[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 21
4446	4446	on–site supervision or immediately available direction for physician assistants performing 22
4447	4447	delegated medical acts. 23
4448	4448
4449	4449	(2) “Supervision” includes physician oversight of and acceptance of direct 24
4450	4450	responsibility for the patient services and care rendered by a physician assistant, including 25
4451	4451	continuous availability to the physician assistant in person, through written instructions, 26
4452	4452	or by electronic means and by designation of one or more alternate supervising physicians. 27
4453	4453
4454	4454	14–5H–02. 28
4455	4455
4456	4456	[(a)] A physician assistant may not practice within the scope of practice of any of 29
4457	4457	the following health occupations authorized under this article: 30
4458	4458	94 SENATE BILL 218
4459	4459
4460	4460
4461	4461	(1) Nursing; 1
4462	4462
4463	4463	(2) Optometry; 2
4464	4464
4465	4465	(3) Physical therapy; or 3
4466	4466
4467	4467	(4) Psychology. 4
4468	4468
4469	4469	[(b) This title does not limit the right of an individual to practice a health 5
4470	4470	occupation that the individual is authorized to practice under this article.] 6
4471	4471
4472	4472	14–5H–03. 7
4473	4473
4474	4474	(c) Except as otherwise provided under subsections (b) and (d) of this section, a 8
4475	4475	hospital, a related institution, an alternative health care system, or an employer of a 9
4476	4476	physician assistant shall report to the Board any limitation, reduction, or other change of 10
4477	4477	the terms of employment of the physician assistant or any termination of employment of 11
4478	4478	the physician assistant for any reason that might be grounds for disciplinary action under 12
4479	4479	[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 13
4480	4480
4481	4481	(d) A hospital, related institution, alternative health care system, or employer 14
4482	4482	that has reason to know that a physician assistant has committed an action or has a 15
4483	4483	condition that might be grounds for reprimand or probation of the physician assistant or 16
4484	4484	suspension or revocation of the license of the physician assistant under [§ 15–314] § 17
4485	4485	14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 18
4486	4486	drug–impaired is not required to report to the Board if: 19
4487	4487
4488	4488	(1) The hospital, related institution, alternative health care system, or 20
4489	4489	employer knows that the physician assistant is: 21
4490	4490
4491	4491	(i) In an alcohol or drug treatment program that is accredited by the 22
4492	4492	Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 23
4493	4493	Department; or 24
4494	4494
4495	4495	(ii) Under the care of a health care practitioner who is competent 25
4496	4496	and capable of dealing with alcoholism and drug abuse; 26
4497	4497
4498	4498	(2) The hospital, related institution, alternative health care system, or 27
4499	4499	employer is able to verify that the physician assistant remains in the treatment program 28
4500	4500	until discharge; and 29
4501	4501
4502	4502	(3) The action or condition of the physician assistant has not caused injury 30
4503	4503	to any person while the physician assistant is practicing as a licensed physician assistant. 31
4504	4504
4505	4505	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 32
4506	4506	or drug treatment program that is accredited by the Joint Commission [on Accreditation of 33 SENATE BILL 218 95
4507	4507
4508	4508
4509	4509	Healthcare Organizations] or that is certified by the Department, the physician assistant 1
4510	4510	shall notify the hospital, related institution, alternative health care system, or employer of 2
4511	4511	the physician assistant’s decision to enter the treatment program. 3
4512	4512
4513	4513	14–5H–06. 4
4514	4514
4515	4515	(a) In addition to the powers set forth elsewhere in this title, the Committee, on 5
4516	4516	its initiative or on the Board’s request, may: 6
4517	4517
4518	4518	(1) Recommend to the Board regulations for carrying out the provisions of 7
4519	4519	this title; 8
4520	4520
4521	4521	(2) Recommend to the Board approval, modification, or disapproval of an 9
4522	4522	application for licensure or a delegation agreement; 10
4523	4523
4524	4524	(3) Report to the Board any conduct of a supervising physician or a 11
4525	4525	physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 12
4526	4526	or under [§ 14–404 of this article] § 14–516 OF THIS TITLE; and 13
4527	4527
4528	4528	(4) Report to the Board any alleged unauthorized practice of a physician 14
4529	4529	assistant. 15
4530	4530
4531	4531	14–5H–07. 16
4532	4532
4533	4533	(c) Patient services that may be provided by a physician assistant include: 17
4534	4534
4535	4535	(1) (i) Taking complete, detailed, and accurate patient histories; and 18
4536	4536
4537	4537	(ii) Reviewing patient records to develop comprehensive medical 19
4538	4538	status reports; 20
4539	4539
4540	4540	(2) Performing physical examinations and recording all pertinent patient 21
4541	4541	data; 22
4542	4542
4543	4543	(3) Interpreting and evaluating patient data as authorized by the primary 23
4544	4544	or alternate supervising physician for the purpose of determining management and 24
4545	4545	treatment of patients; 25
4546	4546
4547	4547	(4) Initiating requests for or performing diagnostic procedures as indicated 26
4548	4548	by pertinent data and as authorized by the supervising physician; 27
4549	4549
4550	4550	(5) Providing instructions and guidance regarding medical care matters to 28
4551	4551	patients; 29
4552	4552
4553	4553	(6) Assisting the primary or alternate supervising physician in the delivery 30
4554	4554	of services to patients who require medical care in the home and in health care institutions, 31 96 SENATE BILL 218
4555	4555
4556	4556
4557	4557	including: 1
4558	4558
4559	4559	(i) Recording patient progress notes; 2
4560	4560
4561	4561	(ii) Issuing diagnostic orders; and 3
4562	4562
4563	4563	(iii) Transcribing or executing specific orders at the direction of the 4
4564	4564	primary or alternate supervising physician; and 5
4565	4565
4566	4566	(7) Exercising prescriptive authority under a delegation agreement and in 6
4567	4567	accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 7
4568	4568
4569	4569	(f) (1) Except as provided in [subsection (g) of this section, the following 8
4570	4570	individuals may practice as a physician assistant without a license: 9
4571	4571
4572	4572	(1) A] PARAGRAPH (2) OF THIS SUBSECTION , A physician assistant 10
4573	4573	student enrolled in a physician assistant educational program that is accredited by the 11
4574	4574	Accreditation Review Commission on Education for the Physician Assistant or its successor 12
4575	4575	and approved by the Board[; or 13
4576	4576
4577	4577	(2) A physician assistant employed in the service of the federal government 14
4578	4578	while performing duties incident to that employment] MAY PRACTICE AS A PH YSICIAN 15
4579	4579	ASSISTANT WITHOUT A LICENSE. 16
4580	4580
4581	4581	[(g)] (2) A physician may not delegate prescriptive authority to a physician 17
4582	4582	assistant student in a training program that is accredited by the Accreditation Review 18
4583	4583	Commission on Education for the Physician Assistant or its successor. 19
4584	4584
4585	4585	[(h)] (G) (1) If a medical act that is to be delegated under this section is a part 20
4586	4586	of the practice of a health occupation that is regulated under this article by another board, 21
4587	4587	any rule or regulation concerning that medical act shall be adopted jointly by the State 22
4588	4588	Board of Physicians and the board that regulates the other health occupation. 23
4589	4589
4590	4590	(2) If the two boards cannot agree on a proposed rule or regulation, the 24
4591	4591	proposal shall be submitted to the Secretary for a final decision. 25
4592	4592
4593	4593	14–5H–08. 26
4594	4594
4595	4595	(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 27
4596	4596	authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 28
4597	4597	the physician delegating the duties, a primary supervising physician shall obtain the 29
4598	4598	Board’s approval of a delegation agreement that includes advanced duties in accordance 30
4599	4599	with subsubparagraph 2 of this subparagraph. 31
4600	4600
4601	4601	(g) If the Board determines that a primary or alternate supervising physician or 32
4602	4602	physician assistant is practicing in a manner inconsistent with the requirements of this 33 SENATE BILL 218 97
4603	4603
4604	4604
4605	4605	title [or Title 14 of this article], the Board on its own initiative or on the recommendation 1
4606	4606	of the Committee may demand modification of the practice, withdraw the approval of the 2
4607	4607	delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 3
4608	4608	other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 4
4609	4609	OR § 14–516 of this [article] TITLE. 5
4610	4610
4611	4611	(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 6
4612	4612	14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 7
4613	4613	agreement filed with the Board under this subtitle at any time. 8
4614	4614
4615	4615	(l) (2) If there is no designated alternate supervising physician or the 9
4616	4616	designated alternate supervising physician does not agree to supervise the physician 10
4617	4617	assistant, the physician assistant may not practice until the physician assistant receives 11
4618	4618	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 12
4619	4619
4620	4620	(m) A physician assistant whose delegation agreement is terminated may not 13
4621	4621	practice as a physician assistant until the physician assistant receives preliminary 14
4622	4622	approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 15
4623	4623
4624	4624	14–5H–09. 16
4625	4625
4626	4626	(a) If a delegation agreement does not include advanced duties or the advanced 17
4627	4627	duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 18
4628	4628	physician assistant may assume the duties under a delegation agreement on the date that 19
4629	4629	the Board acknowledges receipt of the completed delegation agreement. 20
4630	4630
4631	4631	(b) In this section, “pending” means that a delegation agreement that includes 21
4632	4632	delegation of advanced duties in a setting that does not meet the requirements under [§ 22
4633	4633	15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 23
4634	4634	Board for its approval, but: 24
4635	4635
4636	4636	(1) The Committee has not made a recommendation to the Board; or 25
4637	4637
4638	4638	(2) The Board has not made a final decision regarding the delegation 26
4639	4639	agreement. 27
4640	4640
4641	4641	14–5H–10. 28
4642	4642
4643	4643	(e) Before a physician assistant may renew a license for an additional 2–year 29
4644	4644	term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 30
4645	4645	submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 31
4646	4646	education within the previous 2 years. 32
4647	4647
4648	4648	14–5H–12. 33
4649	4649	98 SENATE BILL 218
4650	4650
4651	4651
4652	4652	(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 1
4653	4653	TITLE, TO qualify for a license, an applicant shall: 2
4654	4654
4655	4655	[(1) Complete a criminal history records check in accordance with § 3
4656	4656	14–308.1 of this article; 4
4657	4657
4658	4658	(2) Be of good moral character; 5
4659	4659
4660	4660	(3) Demonstrate oral and written competency in the English language as 6
4661	4661	required by the Board; 7
4662	4662
4663	4663	(4) Be at least 18 years old; and 8
4664	4664
4665	4665	(5) (i)] (1) Be a graduate of a physician assistant training program 9
4666	4666	approved by the Board; or 10
4667	4667
4668	4668	[(ii)] (2) Have passed the physician assistant national certifying 11
4669	4669	examination administered by the National Commission on Certification of Physician 12
4670	4670	Assistants prior to 1986, maintained all continuing education and recertification 13
4671	4671	requirements, and been in continuous practice since passage of the examination. 14
4672	4672
4673	4673	14–5H–14. 15
4674	4674
4675	4675	[(a)] Each licensee shall keep a license and delegation agreement for inspection at 16
4676	4676	the primary place of business of the licensee. 17
4677	4677
4678	4678	[(b) (1) Each licensee shall give the Board written notice of any change of name 18
4679	4679	or address within 60 days of the date of the change. 19
4680	4680
4681	4681	(2) A licensee who fails to comply with this subsection is subject to an 20
4682	4682	administrative penalty of $100.] 21
4683	4683
4684	4684	14–5H–15. 22
4685	4685
4686	4686	(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 23
4687	4687	Article, before the Board takes any action to reject or modify a delegation agreement or 24
4688	4688	advanced duty, the Board shall give the licensee the opportunity for a hearing before the 25
4689	4689	Board. 26
4690	4690
4691	4691	[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 27
4692	4692	Subtitle 2 of the State Government Article. 28
4693	4693
4694	4694	[(3)] (C) The Board may administer oaths in connection with any 29
4695	4695	proceeding under this section. 30
4696	4696	SENATE BILL 218 99
4697	4697
4698	4698
4699	4699	[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 1
4700	4700	sent to the last known address of the applicant or licensee. 2
4701	4701
4702	4702	[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 3
4703	4703	rejecting or modifying a delegation agreement or advanced duty may petition for judicial 4
4704	4704	review as allowed by the Administrative Procedure Act.] 5
4705	4705
4706	4706	14–5H–16. 6
4707	4707
4708	4708	(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 7
4709	4709	TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 8
4710	4710	reprimand any physician assistant, place any physician assistant on probation, or suspend 9
4711	4711	or revoke a license if the physician assistant: 10
4712	4712
4713	4713	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 11
4714	4714	the applicant or licensee or for another; 12
4715	4715
4716	4716	(2) Fraudulently or deceptively uses a license; 13
4717	4717
4718	4718	(3) Is guilty of: 14
4719	4719
4720	4720	(i) Immoral conduct in the practice of medicine; or 15
4721	4721
4722	4722	(ii) Unprofessional conduct in the practice of medicine; 16
4723	4723
4724	4724	(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
4725	4725	CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
4726	4726
4727	4727	(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 19
4728	4728	[article] SUBTITLE; 20
4729	4729
4730	4730	(6) Abandons a patient; 21
4731	4731
4732	4732	(7) Habitually is intoxicated; 22
4733	4733
4734	4734	(8) Is addicted to, or habitually abuses, any narcotic or controlled 23
4735	4735	dangerous substance as defined in § 5–101 of the Criminal Law Article; 24
4736	4736
4737	4737	(9) Provides professional services: 25
4738	4738
4739	4739	(i) While under the influence of alcohol; or 26
4740	4740
4741	4741	(ii) While using any narcotic or controlled dangerous substance, as 27
4742	4742	defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 28
4743	4743	amounts or without valid medical indication; 29
4744	4744	100 SENATE BILL 218
4745	4745
4746	4746
4747	4747	(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 1
4748	4748	as to exploit the patient for financial gain; 2
4749	4749
4750	4750	(11) Willfully makes or files a false report or record in the practice of 3
4751	4751	medicine; 4
4752	4752
4753	4753	(12) Willfully fails to file or record any medical report as required under law, 5
4754	4754	willfully impedes or obstructs the filing or recording of the report, or induces another to fail 6
4755	4755	to file or record the report; 7
4756	4756
4757	4757	(13) On proper request, and in accordance with the provisions of Title 4, 8
4758	4758	Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 9
4759	4759	record to the patient, another physician, or hospital; 10
4760	4760
4761	4761	(14) Solicits professional patronage through an agent or other person or 11
4762	4762	profits from the acts of a person who is represented as an agent of the physician; 12
4763	4763
4764	4764	(15) Pays or agrees to pay any sum to any person for bringing or referring a 13
4765	4765	patient or accepts or agrees to accept any sum from any person for bringing or referring a 14
4766	4766	patient; 15
4767	4767
4768	4768	(16) Agrees with a clinical or bioanalytical laboratory to make payments to 16
4769	4769	the laboratory for a test or test series for a patient, unless the licensed physician assistant 17
4770	4770	discloses on the bill to the patient or third–party payor: 18
4771	4771
4772	4772	(i) The name of the laboratory; 19
4773	4773
4774	4774	(ii) The amount paid to the laboratory for the test or test series; and 20
4775	4775
4776	4776	(iii) The amount of procurement or processing charge of the licensed 21
4777	4777	physician, if any, for each specimen taken; 22
4778	4778
4779	4779	(17) Makes a willful misrepresentation in treatment; 23
4780	4780
4781	4781	(18) Practices medicine with an unauthorized person or aids an 24
4782	4782	unauthorized person in the practice of medicine; 25
4783	4783
4784	4784	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 26
4785	4785	OVERUTILIZATION OF health care services; 27
4786	4786
4787	4787	(20) Offers, undertakes, or agrees to cure or treat disease by a secret 28
4788	4788	method, treatment, or medicine; 29
4789	4789
4790	4790	(21) Is disciplined by a licensing or disciplinary authority or convicted or 30
4791	4791	disciplined by a court of any state or country or disciplined by any branch of the United 31
4792	4792	States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 SENATE BILL 218 101
4793	4793
4794	4794
4795	4795	VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 1
4796	4796	section; 2
4797	4797
4798	4798	(22) Fails to meet appropriate standards for the delivery of quality medical 3
4799	4799	and surgical care performed in an outpatient surgical facility, office, hospital, or any other 4
4800	4800	location in this State; 5
4801	4801
4802	4802	(23) Willfully submits false statements to collect fees for which services are 6
4803	4803	not provided; 7
4804	4804
4805	4805	(24) Was subject to investigation or disciplinary action by a licensing or 8
4806	4806	disciplinary authority or by a court of any state or country for an act that would be grounds 9
4807	4807	for disciplinary action under this section and the licensee state or country; or 10
4808	4808
4809	4809	(i) Surrendered the license issued by the state or country to the 11
4810	4810	state or country; or 12
4811	4811
4812	4812	(ii) Allowed the license issued by the state or country to expire or 13
4813	4813	lapse; 14
4814	4814
4815	4815	(25) Knowingly fails to report suspected child abuse in violation of § 5–704 15
4816	4816	of the Family Law Article; 16
4817	4817
4818	4818	(26) Fails to educate a patient being treated for breast cancer of alternative 17
4819	4819	methods of treatment as required by § 20–113 of the Health – General Article; 18
4820	4820
4821	4821	(27) Sells, prescribes, gives away, or administers drugs for illegal or 19
4822	4822	illegitimate medical purposes; 20
4823	4823
4824	4824	(28) Fails to comply with the provisions of § 12–102 of this article; 21
4825	4825
4826	4826	(29) Refuses, withholds from, denies, or discriminates against an individual 22
4827	4827	with regard to the provision of professional services for which the physician assistant is 23
4828	4828	licensed and qualified to render because the individual is HIV positive; 24
4829	4829
4830	4830	(30) Except as to an association that has remained in continuous existence 25
4831	4831	since July 1, 1963: 26
4832	4832
4833	4833	(i) Associates with a pharmacist as a partner or co–owner of a 27
4834	4834	pharmacy for the purpose of operating a pharmacy; 28
4835	4835
4836	4836	(ii) Employs a pharmacist for the purpose of operating a pharmacy; 29
4837	4837	or 30
4838	4838
4839	4839	(iii) Contracts with a pharmacist for the purpose of operating a 31
4840	4840	pharmacy; 32
4841	4841	102 SENATE BILL 218
4842	4842
4843	4843
4844	4844	(31) Except in an emergency life–threatening situation where it is not 1
4845	4845	feasible or practicable, fails to comply with the Centers for Disease Control and 2
4846	4846	Prevention’s guidelines on universal precautions; 3
4847	4847
4848	4848	(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 4
4849	4849	[article] TITLE; 5
4850	4850
4851	4851	(33) Fails to cooperate with a lawful investigation conducted by the Board 6
4852	4852	or a disciplinary panel; 7
4853	4853
4854	4854	(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 8
4855	4855	Article; 9
4856	4856
4857	4857	(35) Is in breach of a service obligation resulting from the applicant’s or 10
4858	4858	licensee’s receipt of State or federal funding for the physician assistant’s medical education; 11
4859	4859
4860	4860	(36) Willfully makes a false representation when seeking or making 12
4861	4861	application for licensure or any other application related to the practice of medicine; 13
4862	4862
4863	4863	(37) By corrupt means, threats, or force, intimidates or influences, or 14
4864	4864	attempts to intimidate or influence, for the purpose of causing any person to withhold or 15
4865	4865	change testimony in hearings or proceedings before the Board or a disciplinary panel or 16
4866	4866	those otherwise delegated to the Office of Administrative Hearings; 17
4867	4867
4868	4868	(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 18
4869	4869	delays any person from making information available to the Board or a disciplinary panel 19
4870	4870	in furtherance of any investigation of the Board or a disciplinary panel; 20
4871	4871
4872	4872	(39) Intentionally misrepresents credentials for the purpose of testifying or 21
4873	4873	rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 22
4874	4874	panel or those otherwise delegated to the Office of Administrative Hearings; 23
4875	4875
4876	4876	(40) Fails to keep adequate medical records; 24
4877	4877
4878	4878	(41) Performs delegated medical acts beyond the scope of the delegation 25
4879	4879	agreement filed with the Board or after notification from the Board that an advanced duty 26
4880	4880	has been disapproved; 27
4881	4881
4882	4882	(42) Performs delegated medical acts without the supervision of a physician; 28
4883	4883
4884	4884	(43) Fails to complete a criminal history records check under [§ 14–308.1] § 29
4885	4885	14–302 of this [article] TITLE; 30
4886	4886
4887	4887	(44) Fails to comply with the requirements of the Prescription Drug 31
4888	4888	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 32
4889	4889	SENATE BILL 218 103
4890	4890
4891	4891
4892	4892	(45) Fails to comply with any State or federal law pertaining to the practice 1
4893	4893	as a physician assistant. 2
4894	4894
4895	4895	(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 3
4896	4896	PANEL FINDS THAT THE RE ARE GROUNDS FOR DISCIPLI NE UNDER SUBSECTION (A) 4
4897	4897	OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 5
4898	4898	REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 6
4899	4899	PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 7
4900	4900	FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 8
4901	4901	REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 9
4902	4902	LICENSEE ON PROBATIO N. 10
4903	4903
4904	4904	(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION IN 11
4905	4905	THE GENERAL FUND OF THE STATE. 12
4906	4906
4907	4907	(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 13
4908	4908	DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 14
4909	4909	TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 15
4910	4910
4911	4911	14–5H–20. 16
4912	4912
4913	4913	(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 17
4914	4914	may not employ or supervise an individual practicing as a physician assistant who does not 18
4915	4915	have a license. 19
4916	4916
4917	4917	(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 20
4918	4918	institution, alternative health care system, or employer may not employ an individual 21
4919	4919	practicing as a physician assistant who does not have a license. 22
4920	4920
4921	4921	14–5H–21. 23
4922	4922
4923	4923	(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 24
4924	4924	of this subtitle: 25
4925	4925
4926	4926	(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 26
4927	4927	exceeding $5,000 or imprisonment not exceeding 5 years or both; and 27
4928	4928
4929	4929	(2) Shall lose licensure as a physician assistant under this title. 28
4930	4930
4931	4931	(b) (1) In addition to the penalties under subsection (a) of this section, a person 29
4932	4932	who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 30
4933	4933	assessed by a disciplinary panel in an amount not exceeding $5,000. 31
4934	4934
4935	4935	(2) In addition to the penalties under paragraph (1) of this subsection, a 32
4936	4936	person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 33 104 SENATE BILL 218
4937	4937
4938	4938
4939	4939	civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 1
4940	4940
4941	4941	(3) The Board shall pay any civil penalty collected under this subsection 2
4942	4942	into the Board of Physicians Fund. 3
4943	4943
4944	4944	14–5H–22. 4
4945	4945
4946	4946	This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 5
4947	4947
4948	4948	14–5H–23. 6
4949	4949
4950	4950	Subject to the evaluation and reestablishment provisions of the Maryland Program 7
4951	4951	Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 8
4952	4952	SUBTITLE shall terminate and be of no effect after July 1, 2030. 9
4953	4953
4954	4954	Article – Transportation 10
4955	4955
4956	4956	13–616. 11
4957	4957
4958	4958	(a) (1) In this subtitle the following words have the meanings indicated. 12
4959	4959
4960	4960	(7) “Licensed physician assistant” means an individual who is licensed 13
4961	4961	under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 14
4962	4962	with physician supervision. 15
4963	4963
4964	4964	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
4965	4965	as follows: 17
4966	4966
4967	4967	Article – Health Occupations 18
4968	4968
4969	4969	14–3A–01. 19
4970	4970
4971	4971	The Interstate Medical Licensure Compact is enacted into law and entered into with 20
4972	4972	all other states legally joining in it in the form substantially as it appears in this section as 21
4973	4973	follows: 22
4974	4974
4975	4975	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 23
4976	4976
4977	4977	(b) (3) (i) The member board within the state selected as the state of 24
4978	4978	principal license shall, in the course of verifying eligibility, require the applicant to obtain 25
4979	4979	a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 26
4980	4980	including the use of the results of fingerprint or other biometric data checks compliant with 27
4981	4981	the requirements of the Federal Bureau of Investigation, with the exception of federal 28
4982	4982	employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 29
4983	4983	SENATE BILL 218 105
4984	4984
4985	4985
4986	4986	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
4987	4987	as follows: 2
4988	4988
4989	4989	Article – Tax – General 3
4990	4990
4991	4991	10–752. 4
4992	4992
4993	4993	(a) (1) In this section the following words have the meanings indicated. 5
4994	4994
4995	4995	(3) “Health care practitioner” means an individual who: 6
4996	4996
4997	4997	(i) is licensed to practice medicine under Title 14 of the Health 7
4998	4998	Occupations Article; 8
4999	4999
5000	5000	(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 9
5001	5001	the Health Occupations Article; or 10
5002	5002
5003	5003	(iii) is a registered nurse practitioner, as defined in § 8–101 of the 11
5004	5004	Health Occupations Article. 12
5005	5005
5006	5006	(d) (7) The Fund consists of: 13
5007	5007
5008	5008	(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 14
5009	5009	the Health Occupations Article; 15
5010	5010
5011	5011	(ii) money appropriated in the State budget to the Fund; and of the 16
5012	5012	Fund. 17
5013	5013
5014	5014	(iii) any other money from any other source accepted for the benefit 18
5015	5015	of the Fund. 19
5016	5016
5017	5017	SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 20
5018	5018	Annotated Code of Maryland, in consultation with and subject to the approval of the 21
5019	5019	Department of Legislative Services, shall correct, with no further action required by the 22
5020	5020	General Assembly, cross–references and terminology rendered incorrect by this Act. The 23
5021	5021	publisher shall adequately describe any correction that is made in an editor’s note following 24
5022	5022	the section affected. 25
5023	5023
5024	5024	SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
5025	5025	October 1, 2024. Section 4 of this Act shall remain effective until the taking effect of the 27
5026	5026	termination provision specified in Section 5 of Chapter 470 of the Acts of the General 28
5027	5027	Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 29
5028	5028	abrogated and of no further force and effect. Section 5 of this Act shall remain effective 30
5029	5029	until the taking effect of the termination provision specified in Section 6 of Chapters 153 31
5030	5030	and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 32
5031	5031	effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 33 106 SENATE BILL 218
5032	5032
5033	5033
5034	5034	may not be interpreted to have any effect on those termination provisions. 1
5035	5035