EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0218*
SENATE BILL 218
J2 4lr0169
(PRE–FILED) CF HB 232
By: Chair, Finance Committee (By Request – Departmental – Health)
Requested: September 13, 2023
Introduced and read first time: January 10, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Physicians and Allied Health Professions – Reorganization and Revisions 2
FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 3
and reorganizing certain provisions of law governing the State Board of Physicians 4
and the regulation of physicians, physician assistants, and allied health professions; 5
prohibiting the Board from releasing a list of applicants for licensure; altering 6
physician, physician assistant, and allied health professional licensure exceptions 7
for individuals in the service of the federal government; altering the grounds for 8
discipline for physicians, physician assistants, and allied health professionals; 9
repealing the requirement that the Board provide a certain data sheet; establishing 10
the quorums for the allied health committees; and generally relating to the State 11
Board of Physicians and the regulation of physicians, physician assistants, and allied 12
health professionals. 13
BY repealing 14
Article – Health Occupations 15
Section 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 14–5A–04, 16
14–5A–07, 14–5A–10, 14–5A–11, 14–5A–13, 14–5A–14, 14–5A–16, 17
14–5A–17.1, 14–5A–18.1, 14–5A–19, 14–5B–02 through 14–5B–04, 18
14–5B–10, 14–5B–12, 14–5B–12.1, 14–5B–13, 14–5B–14.1, 14–5B–15.1, 19
14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 14–5C–12, 14–5C–14, 20
14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 14–5D–03, 21
14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 22
14–5D–16.1, 14–5E–02 through 14–5E–04, 14–5E–11, 14–5E–15, 14–5E–17, 23
14–5E–18.1, 14–5E–19, 14–5F–04, 14–5F–05, 14–5F–13, 14–5F–15.1, 24
14–5F–17, 14–5F–23, 14–5G–02 through 14–5G–04, 14–5G–10, 14–5G–11, 25
14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 14–5G–21, 14–5G–22, 15–203, 26
15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 through 15–312, 27
15–315, 15–316, and 15–316.1 28
Annotated Code of Maryland 29 2 SENATE BILL 218
(2021 Replacement Volume and 2023 Supplement) 1
BY renumbering 2
Article – Health Occupations 3
Section 14–206, 14–206.1, 14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 4
14–309, 14–311, 14–312, 14–313, 14–313.1, 14–314, 14–315, 14–316, 14–317, 5
14–318 through 14–320, 14–320.1, 14–322, 14–404, 14–413 through 14–415, 6
14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 14–508, 14–509, 14–601, 7
14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 15–201, 15–202, 8
15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 15–309, 9
15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 10
15–502 11
to be Section 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 12
14–303, 14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 13
14–509 through 14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14
14–414, 14–514, 14–527, 14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 15
14–529, 14–413, 14–522, 14–525, 14–5H–01 through 14–5H–03, 14–5H–04, 16
14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 14–5H–09 through 14–5H–11, 17
14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 14–5H–17, 18
14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 19
respectively 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – Alcoholic Beverages and Cannabis 24
Section 36–101(a) 25
Annotated Code of Maryland 26
(2016 Volume and 2023 Supplement) 27
BY repealing and reenacting, with amendments, 28
Article – Alcoholic Beverages and Cannabis 29
Section 36–101(m)(1)(v)1. 30
Annotated Code of Maryland 31
(2016 Volume and 2023 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – Correctional Services 34
Section 9–603(d)(2) 35
Annotated Code of Maryland 36
(2017 Replacement Volume and 2023 Supplement) 37
BY repealing and reenacting, with amendments, 38
Article – Courts and Judicial Proceedings 39
Section 5–106(r), 5–715(d), and 10–205(b) 40
Annotated Code of Maryland 41
(2020 Replacement Volume and 2023 Supplement) 42 SENATE BILL 218 3
BY repealing and reenacting, without amendments, 1
Article – Health – General 2
Section 4–201(a) and 5–601(a) 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 4–201(s), 5–601(v), and 18–214.1(b)(3) 8
Annotated Code of Maryland 9
(2023 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – Health Occupations 12
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
and (iv)1., 14–101(a–1), (g), (i), and (o), 14–205, 14–207(b) through (d) and (f), 14
14–3A–01 Section 5(b)(3)(i), 14–401.1(a)(5)(i) and (e) through (k), 15
14–402(a) and (c) through (f), 14–403(a), 14–405(a) and (g), 14–406, 14–409(a) 16
and (c), 14–411(d), (g), (h), (j), (k), and (p), 14–411.1(b) through (d), 14–416(a), 17
14–5A–01(c), 14–5A–05, 14–5A–08, 14–5A–09, 14–5A–17(a), 14–5A–20, 18
14–5A–21, 14–5A–22, 14–5A–22.1(a), 14–5B–07(a)(2), 14–5B–08, 14–5B–09, 19
14–5B–11, 14–5B–14(a), 14–5B–17, 14–5B–18(b), 14–5B–18.1(a) and (b), 20
14–5C–01(c), 14–5C–05, 14–5C–08(b), 14–5C–09, 14–5C–10, 14–5C–17(a), 21
14–5C–20, 14–5C–22, 14–5C–22.1(a), 14–5D–07, 14–5D–08, 14–5D–10(a), 22
14–5D–11.1(a) and (b), 14–5D–14(a), 14–5D–17, 14–5E–01(g), 14–5E–08(a) 23
and (b), 14–5E–09, 14–5E–10(a), 14–5E–13, 14–5E–14, 14–5E–16(a), 24
14–5E–20, 14–5E–21(a) and (b), 14–5E–22, 14–5F–10, 14–5F–11, 14–5F–12, 25
14–5F–15, 14–5F–16, 14–5F–18(a), 14–5F–21, 14–5F–24(c), 14–5F–29(a), 26
14–5G–08, 14–5G–09, 14–5G–14(h), 14–5G–17, 14–5G–18(a), 14–5G–23, 27
14–5G–24(a) and (b), 14–5G–25, and 14–5G–26(a) and (b) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Health Occupations 32
Section 14–101(a), 14–5A–01(a), 14–5C–01(a), and 14–5E–01(a) 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2023 Supplement) 35
BY adding to 36
Article – Health Occupations 37
Section 14–101(a–2), (n), and (p–1), 14–208, 14–404, 14–417, 14–504, 14–515, 38
14–517, 14–5A–06(e), 14–5B–05(f), 14–5C–06(e), 14–5D–05(f), 14–5E–06(e), 39
and 14–5F–07(g) 40
Annotated Code of Maryland 41
(2021 Replacement Volume and 2023 Supplement) 42 4 SENATE BILL 218
BY repealing and reenacting, with amendments, 1
Article – Health Occupations 2
Section 14–301, 14–303, 14–304(b), 14–305, 14–306, 14–307, 14–401.2(e), and 3
14–413; 14–502, 14–503(c) and (e), 14–505(b), 14–506(a), 14–510(a), 4
14–511(b), 14–512(c), 14–516(a), 14–518(a)(1), 14–519(a)(1), 14–525(b) and (c), 5
14–528, and 14–529 to be under the amended subtitle “Subtitle 5. Physicians”; 6
and 14–5H–01(a), (e) through (i), and (j) through (u), 14–5H–02, 14–5H–03(c), 7
(d), and (e)(1), 14–5H–06(a), 14–5H–07(c) and (f) through (h), 8
14–5H–08(c)(2)(ii)1., (g), (k), (l)(2), and (m), 14–5H–09(a) and (b), 9
14–5H–10(e), 14–5H–12(a), 14–5H–14, 14–5H–15, 14–5H–16(a), 14–5H–20(a) 10
and (b), 14–5H–21, 14–5H–22, and 14–5H–23 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
(As enacted by Section 2 of this Act) 14
BY adding to 15
Article – Health Occupations 16
Section 14–514(c) and (d), 14–522(c), 14–525(b), and 14–526(d); and 14–5H–16(c) 17
through (e) to be under the new subtitle “Subtitle 5H. Physician Assistants” 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
(As enacted by Section 2 of this Act) 21
BY repealing 22
Article – Health Occupations 23
Section 14–5H–01(d) and (i–1) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2023 Supplement) 26
(As enacted by Section 2 of this Act) 27
BY repealing and reenacting, without amendments, 28
Article – Transportation 29
Section 13–616(a)(1) 30
Annotated Code of Maryland 31
(2020 Replacement Volume and 2023 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – Transportation 34
Section 13–616(a)(7) 35
Annotated Code of Maryland 36
(2020 Replacement Volume and 2023 Supplement) 37
BY repealing and reenacting, without amendments, 38
Article – Tax – General 39
Section 10–752(a)(1) 40
Annotated Code of Maryland 41 SENATE BILL 218 5
(2022 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Tax – General 3
Section 10–752(a)(3) and (d)(7) 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2023 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That Section(s) 14–101(n), 14–401.1(b) through (d), 14–405(f), 14–5A–02 through 8
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
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
14–5B–13, 14–5B–14.1, 14–5B–15.1, 14–5B–16, 14–5C–03, 14–5C–04, 14–5C–11, 11
14–5C–12, 14–5C–14, 14–5C–14.1, 14–5C–16, 14–5C–18.1, 14–5C–19, 14–5D–02, 12
14–5D–03, 14–5D–09, 14–5D–12, 14–5D–12.1, 14–5D–13, 14–5D–15, 14–5D–16, 13
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
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
through 14–5G–04, 14–5G–10, 14–5G–11, 14–5G–13, 14–5G–15, 14–5G–16, 14–5G–19, 16
14–5G–21, 14–5G–22, 15–203, 15–204, 15–206, 15–304, 15–305, 15–307, 15–308, 15–310 17
through 15–312, 15–315, 15–316, and 15–316.1 of Article – Health Occupations of the 18
Annotated Code of Maryland be repealed. 19
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 14 –206, 14–206.1, 20
14–301, 14–302, 14–306, 14–307, 14–308, 14–308.1, 14–309, 14–311, 14–312, 14–313, 21
14–313.1, 14–314, 14–315, 14–316, 14–317, 14–318 through 14–320, 14–320.1, 14–322, 22
14–404, 14–413 through 14–415, 14–502, 14–503, 14–504, 14–505, 14–506, 14–507, 23
14–508, 14–509, 14–601, 14–602, 14–603, 14–605, 14–607, 15–101 through 15–103, 24
15–201, 15–202, 15–205, 15–301, 15–302, 15–302.1 through 15–302.3, 15–303, 15–306, 25
15–309, 15–313, 15–314, 15–317, 15–401, 15–402, 15–402.1, 15–403, 15–501, and 15–502 26
of Article – Health Occupations of the Annotated Code of Maryland be renumbered to be 27
Section(s) 14–401.2, 14–401.3, 14–501, 14–502, 14–503, 14–301, 14–505, 14–302, 14–303, 28
14–506, 14–507, 14–304, 14–530, 14–305, 14–508, 14–306, 14–307, 14–509 through 29
14–511, 14–512, 14–513, 14–516, 14–518 through 14–520, 14–414, 14–514, 14–527, 30
14–526, 14–415, 14–524, 14–521, 14–523, 14–528, 14–529, 14–413, 14–522, 14–525, 31
14–5H–01 through 14–5H–03, 14–5H–04, 14–5H–05, 14–5H–06, 14–5H–07, 14–5H–08, 32
14–5H–09 through 14–5H–11, 14–5H–12, 14–5H–13, 14–5H–14, 14–5H–15, 14–5H–16, 33
14–5H–17, 14–5H–18, 14–5H–19, 14–5H–20, 14–5H–21, 14–5H–22, and 14–5H–23, 34
respectively. 35
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 36
as follows: 37
Article – Alcoholic Beverages and Cannabis 38
36–101. 39
(a) In this title the following words have the meanings indicated. 40 6 SENATE BILL 218
(m) “Certifying provider” means an individual who: 1
(1) (v) 1. has an active, unrestricted license to practice as a 2
physician assistant issued by the State Board of Physicians under Title [15] 14, SUBTITLE 3
5H of the Health Occupations Article; 4
Article – Correctional Services 5
9–603. 6
(d) (2) If an assessment conducted under paragraph (1) of this subsection 7
indicates opioid use disorder, an evaluation of the incarcerated individual shall be 8
conducted by a health care practitioner with prescriptive authority authorized under Title 9
8[,] OR Title 14[, or Title 15] of the Health Occupations Article. 10
Article – Courts and Judicial Proceedings 11
5–106. 12
(r) A prosecution for an offense under [§ 14–601] § 14–528 of the Health 13
Occupations Article of practicing, attempting to practice, or offering to practice medicine 14
without a license shall be instituted within 3 years after the offense was committed. 15
5–715. 16
(d) Any person who acts in good faith is not civilly liable for giving any of the 17
information required under [§ 14–413 or § 14–414] § 14–518 OR § 14–519 of the Health 18
Occupations Article. 19
10–205. 20
(b) Records, reports, statements, notes, or information assembled or obtained by 21
the Maryland Department of Health, the Maryland Commission to Study Problems of Drug 22
Addiction, the Medical and Chirurgical Faculty or its allied medical societies, the Maryland 23
Institute for Emergency Medical Services Systems, an in–hospital staff committee, or a 24
national organized medical society or research group that are declared confidential by § 25
4–102 of the Health – General Article or [§ 14–506] § 14–415 of the Health Occupations 26
Article, are not admissible in evidence in any proceeding. 27
Article – Health – General 28
4–201. 29
(a) In this subtitle the following words have the meanings indicated. 30
SENATE BILL 218 7
(s) “Physician assistant” means an individual who is licensed under Title [15] 14, 1
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 2
supervision. 3
5–601. 4
(a) In this subtitle the following words have the meanings indicated. 5
(v) “Physician assistant” means an individual who is licensed under Title [15] 14, 6
SUBTITLE 5H of the Health Occupations Article to practice medicine with physician 7
supervision. 8
18–214.1. 9
(b) Notwithstanding any other provision of law, the following health care 10
providers may prescribe, dispense, or otherwise provide antibiotic therapy to any sexual 11
partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without 12
making a personal physical assessment of the patient’s partner: 13
(3) An authorized physician assistant licensed under Title [15] 14, 14
SUBTITLE 5H of the Health Occupations Article acting in accordance with [§ 15–302.2] § 15
14–5H–10 of the Health Occupations Article; and 16
Article – Health Occupations 17
1–302. 18
(g) Subsection (d)(12) of this section may not be construed to: 19
(4) Permit an arrangement that violates: 20
(i) [§ 14–404(a)(15)] § 14–516(A)(15) of this article; or 21
1–306. 22
(e) This section does not prohibit: 23
(2) A health care practitioner who takes a Pap test specimen from a patient 24
and who orders but does not supervise or perform an anatomic pathology service on the 25
specimen, from billing a patient or payor for the service, provided the health care 26
practitioner complies with: 27
(i) The disclosure requirements of [§ 14–404(a)(16)] § 28
14–516(A)(16) of this article; and 29
8–205. 30 8 SENATE BILL 218
(a) In addition to the powers and duties set forth elsewhere in this title, the Board 1
has the following powers and duties: 2
(3) To adopt rules and regulations for the performance of delegated medical 3
functions that are recognized jointly by the State Board of Physicians and the State Board 4
of Nursing, under [§ 14–306(d)] § 14–503(D) of this article; 5
11–404.2. 6
(h) A therapeutically certified optometrist shall be: 7
(2) Required to comply with the notice requirement under [§ 14–508] § 8
14–521 of this article. 9
12–102. 10
(c) (2) This title does not prohibit: 11
(iii) A licensed physician from dispensing a topical medication 12
without obtaining the permit required under item (ii)1C of this paragraph or completing 13
the continuing education required under item (ii)4M of this paragraph when the physician: 14
of this article; 15
2. Has obtained a special written permit under [§ 14–509] § 16
14–523 of this article; 17
(iv) A licensed physician who complies with the requirements of item 18
(ii) of this paragraph from personally preparing and dispensing a prescription written by: 19
1. A physician assistant in accordance with a delegation 20
agreement that complies with Title [15] 14, Subtitle [3] 5H of this article; or 21
14–101. 22
(a) In this title the following words have the meanings indicated. 23
(a–1) “Allied health professional” means an individual licensed by the Board under 24
Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, 5G, OR 5H of this title [or Title 15 of this article]. 25
(A–2) “APPLICANT” MEANS AN INDIVIDUAL APPLYING FOR INITIAL 26
LICENSURE AS A PHYSI CIAN OR ALLIED HEALT H PROFESSIONAL IN TH E STATE. 27
(g) “License” means, unless the context requires otherwise, a license issued by the 28
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 29
BOARD. 30 SENATE BILL 218 9
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 1
issued], including an individual practicing medicine within or as a professional corporation 2
or professional association. 3
(N) “PHYSICIAN ASSISTANT” MEANS AN INDIVIDUAL WHO IS LICENSED 4
UNDER SUBTITLE 5H OF THIS TITLE TO PRA CTICE MEDICINE WITH PHYSICIAN 5
SUPERVISION. 6
(o) (1) “Practice medicine” means to engage, with or without compensation, in 7
medical: 8
(i) Diagnosis; 9
(ii) Healing; 10
(iii) Treatment; or 11
(iv) Surgery. 12
(2) “Practice medicine” includes doing, undertaking, professing to do, and 13
attempting any of the following: 14
(i) Diagnosing, healing, treating, preventing, prescribing for, or 15
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 16
1. By physical, mental, emotional, or other process that is 17
exercised or invoked by the practitioner, the patient, or both; or 18
2. By appliance, test, drug, operation, or treatment; 19
(ii) Ending of a human pregnancy; and 20
(iii) Performing acupuncture as provided under [§ 14–504] § 14–527 21
of this title. 22
(3) “Practice medicine” does not include: 23
(i) Selling any nonprescription drug or medicine; 24
(ii) Practicing as an optician; or 25
(iii) Performing a massage or other manipulation by hand, but by no 26
other means. 27
(P–1) “REHABILITATION PROGRA M” MEANS THE PROGRAM OF THE BOARD OR 28 10 SENATE BILL 218
THE NONPROFIT ENTITY WITH WHICH THE BOARD CONTRACTS UNDER § 14–401.1(D) 1
OF THIS TITLE THAT E VALUATES AND PROVIDES ASSISTA NCE TO IMPAIRED 2
PHYSICIANS AND OTHER HEALTH PROFESSIONALS REGULATED BY THE BOARD WHO 3
ARE DIRECTED BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR 4
ALCOHOLISM , CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR 5
MENTAL CONDITIO NS. 6
14–205. 7
(a) In addition to the powers and duties set forth in this title [and in Title 15 of 8
this article], the Board shall: 9
(1) Enforce this title [and Title 15 of this article]; 10
(2) Adopt regulations to carry out the provisions of this title [and Title 15 11
of this article]; 12
(3) Establish policies for Board operations; 13
(4) Maintain the rules, regulations, and policies of the Board so that the 14
rules, regulations, and policies reflect the current practices of the Board; 15
(5) Oversee: 16
(i) The licensing requirements for physicians and the allied health 17
professionals; and 18
(ii) The issuance and renewal of licenses; 19
(6) Maintain secure and complete records; 20
(7) Review and preliminarily investigate complaints, including 21
acknowledging receipt of complaints and informing complainants of the final disposition of 22
complaints; 23
(8) Develop and implement methods to: 24
(i) Assess and improve licensee practices; and 25
(ii) Ensure the ongoing competence of licensees; 26
(9) Ensure that an opportunity for a hearing is provided to an individual, 27
in accordance with law, before any action is taken against the individual; 28
(10) Adjudicate nondisciplinary matters within the Board’s jurisdiction; 29
SENATE BILL 218 11
(11) Report on all disciplinary actions, license denials, and license 1
surrenders; 2
(12) Establish appropriate fees that are adequate to fund the effective 3
regulation of physicians and allied health professionals; 4
(13) Make recommendations that benefit the health, safety, and welfare of 5
the public; 6
(14) Provide ongoing education and training for Board members to ensure 7
that the Board members can competently discharge their duties; 8
(15) Direct educational outreach to and communicate with licensees and the 9
public; 10
(16) Develop and adopt a budget that reflects revenues and supports the 11
costs associated with each allied health profession regulated by the Board; 12
(17) Develop and approve an annual report and other required reports for 13
submission to the Secretary, the Governor, the General Assembly, and the public; 14
(18) Approve contracts as needed and within budgetary limits; 15
(19) Appoint standing and ad hoc committees from among Board members 16
as necessary; 17
(20) Delegate to the executive director of the Board the authority to 18
discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the 19
Board or disciplinary panel, and hold the executive director accountable to the Board; and 20
(21) Appoint members of the disciplinary panels. 21
(b) (1) In addition to the powers set forth elsewhere in this title, the Board 22
may: 23
(i) Adopt regulations to regulate the performance of acupuncture, 24
but only to the extent authorized by [§ 14–504] § 14–527 of this title; 25
(ii) After consulting with the State Board of Pharmacy, adopt rules 26
and regulations regarding the dispensing of prescription drugs by a licensed physician; 27
(iii) On receipt of a written and signed complaint, including a referral 28
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 29
office of a physician or acupuncturist, other than an office of a physician or acupuncturist 30
in a hospital, related institution, freestanding medical facility, or a freestanding birthing 31
center, to determine compliance at that office with the Centers for Disease Control and 32
Prevention’s guidelines on universal precautions; and 33 12 SENATE BILL 218
(iv) Contract with others for the purchase of administrative and 1
examination services to carry out the provisions of this title. 2
(2) The Board or a disciplinary panel may investigate an alleged violation 3
of this title. 4
[(3) Subject to the Administrative Procedure Act and the hearing provisions 5
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 6
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 7
applicant’s license for: 8
(i) Any of the reasons that are grounds for action under § 14–404, § 9
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, or § 14–5F–18 of this title, 10
as applicable; or 11
(ii) Failure to complete a criminal history records check in 12
accordance with § 14–308.1 of this title.] 13
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 14
shall: 15
(i) Issue, for use in other jurisdictions, a certificate of professional 16
standing AND A VERIFICATION O F LICENSURE STATUS to any [licensed physician] 17
LICENSEE; and 18
(ii) Keep a list of all PENDING license applicants. 19
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 20
are currently licensed. 21
(ii) The list shall include each [physician’s] LICENSEE’S designated 22
public address. 23
(iii) A [physician’s] LICENSEE’S designated public address may be a 24
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 25
under paragraph (3) of this subsection, that is not a post office box. 26
[(iv) Each list prepared under this paragraph shall be kept as a 27
permanent record of the Board.] 28
[(v)] (IV) The list of [currently licensed physicians] CURRENT 29
LICENSEES is a public record. 30
(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 31
LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, AND 32 SENATE BILL 218 13
MAINTAIN THE ADDRESS to facilitate communication between the [physician] LICENSEE 1
and the Board. 2
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 3
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 4
at the time of initial licensure and license renewal. 5
(iii) A [physician] LICENSEE shall designate an address where the 6
Board may send the [physician] LICENSEE mail. 7
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 8
a public record and may not be released by the Board. 9
(D) THE BOARD MAY NOT RELEASE A LIS T OF APPLICANTS FOR LICENSURE. 10
(E) THE BOARD MAY ADOPT REGUL ATIONS REGARDING COM MITTEES 11
ESTABLISHED UNDER TH IS TITLE GOVERNING : 12
(1) THE TERM OF OFFICE FO R MEMBERS; 13
(2) THE PROCEDURE FOR FIL LING VACANCIES ON A COMMITTEE; 14
(3) THE REMOVAL OF MEMBER S; AND 15
(4) THE DUTIES OF EACH OF FICER. 16
(F) EACH ADVISORY COMMITTEE S HALL: 17
(1) DEVELOP AND RECOMMEND TO THE BOARD REGULATIONS TO 18
CARRY OUT THE PROVIS IONS OF THIS TITLE A ND ANY OTHER STATUTO RY CHANGES 19
THAT AFFECT THE RELE VANT ALLIED HEALTH PROFES SION; 20
(2) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 21
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 22
OF AN ALLIED HEALTH PROFESSION; AND 23
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 24
ALLIED HEALTH PROFES SIONS OR PRACTITIONERS ; 25
(3) KEEP RECORD OF ITS PR OCEEDINGS; AND 26
(4) SUBMIT AN ANNUAL REPO RT TO THE BOARD. 27
14–207. 28 14 SENATE BILL 218
(b) (1) The Board [may] SHALL set reasonable fees for the issuance and 1
renewal of licenses and its other services PROVIDED TO PHYSICIA NS AND ALLIED 2
HEALTH PROFESSIONALS . 3
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 4
FUNDS TO approximate the cost of maintaining the Board, THE LICENSURE PROGRA MS 5
UNDER THIS TITLE , AND THE OTHER SERVIC ES IT PROVIDES TO PH YSICIANS AND 6
ALLIED HEALTH PROFES SIONALS, including the cost of providing a rehabilitation 7
program for physicians AND ALLIED HEALTH PR OFESSIONALS under [§ 14–401.1(g)] § 8
14–401.1(D) of this title. 9
(3) Funds to cover the compensation and expenses of the Board members 10
shall be generated by fees set under this section. 11
(4) FEES GENERATED BY PHY SICIAN OR ALLIED HEA LTH 12
PROFESSIONAL LICENSE S SHALL BE USED TO M AINTAIN THE LICENSIN G PROGRAM 13
AND SERVICES PROVIDE D TO THAT PARTICULAR PROFESSION. 14
(5) THE FEES GENERATED SH ALL BE USED TO COVER THE ACTUAL 15
DOCUMENTED DIRECT AN D INDIRECT COSTS OF FULFILLING THE STATU TORY AND 16
REGULATORY DUTIES OF THE BOARD AS PROVIDED BY THE PROVISIONS OF THIS 17
TITLE. 18
(6) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER T HIS 19
SECTION FOR THE RENE WAL OF A LICENSE , THE BOARD SHALL ASSESS A SEPARATE 20
$15 FEE FOR A RENEWAL OF EACH LICENSE FOR A P HYSICIAN ASSISTANT . 21
(II) THE BOARD SHALL PAY THE F EE COLLECTED UNDER 22
SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE PHYSICIAN ASSIST ANT 23
PRECEPTORSHIP TAX CR EDIT FUND ESTABLISHED UNDER § 10–752 OF THE TAX – 24
GENERAL ARTICLE. 25
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (B)(6) OF THIS SECTION , 26
THE Board shall pay all fees collected under the provisions of this title to the Comptroller 27
of the State. 28
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 29
include in the State budget at least $400,000 for the operation of the Maryland Loan 30
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 31
Subtitle 17 of the Health – General Article, as administered by the Department, the 32
Comptroller shall distribute: 33
(i) $400,000 of the fees received from the Board to the Department 34
to be used to make grants under the Maryland Loan Assistance Repayment Program for 35 SENATE BILL 218 15
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 1
Article to physicians and physician assistants engaged in primary care or to medical 2
residents specializing in primary care who agree to practice for at least 2 years as primary 3
care physicians in a geographic area of the State that has been designated by the Secretary 4
as being medically underserved; and 5
(ii) The balance of the fees to the Board of Physicians Fund. 6
(2) In fiscal year 2022, if the Governor does not include in the State budget 7
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 8
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 9
Article, as administered by the Department, the Comptroller shall distribute: 10
(i) $1,000,000 of the fees received from the Board to the Department 11
to be used to make grants under the Maryland Loan Assistance Repayment Program for 12
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
Article to physicians and physician assistants engaged in primary care or to medical 14
residents specializing in primary care who agree to practice for at least 2 years as primary 15
care physicians in a geographic area of the State that has been designated by the Secretary 16
as being medically underserved; and 17
(ii) The balance of the fees to the Board of Physicians Fund. 18
(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department does not 19
implement a permanent funding structure under § 24–1702(b)(1) of the Health – General 20
Article and the Governor does not include in the State budget at least $400,000 for the 21
operation of the Maryland Loan Assistance Repayment Program for Physicians and 22
Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as 23
administered by the Department, the Comptroller shall distribute: 24
(i) $400,000 of the fees received from the Board to the Department 25
to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
Article to physicians and physician assistants engaged in primary care or to medical 28
residents specializing in primary care who agree to practice for at least 2 years as primary 29
care physicians in a geographic area of the State that has been designated by the Secretary 30
as being medically underserved; and 31
(ii) The balance of the fees to the Board of Physicians Fund. 32
[(4)] (2) If the Governor includes in the State budget at least the amount 33
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 34
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
Subtitle 17 of the Health – General Article, as administered by the Department, the 36
Comptroller shall distribute the fees to the Board of Physicians Fund. 37
(f) [(1)] In addition to the requirements of subsection (e) of this section, the 38 16 SENATE BILL 218
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 1
collected, and distributed to the Fund under this title. 2
[(2) After review and approval by the Board of a budget submitted by the 3
Physician Rehabilitation Program, the Board may allocate money from the Fund to the 4
Physician Rehabilitation Program.] 5
14–208. 6
(A) IN THIS SECTION, “FEDERAL PROPERTY ” MEANS A BUILDING , LAND, OR 7
OTHER REAL PROPERTY OWNED, LEASED, OR OCCUPIED BY A DEP ARTMENT, AN 8
AGENCY, OR AN INSTRUMENTALITY OF T HE UNITED STATES, INCLUDING THE 9
DEPARTMENT OF DEFENSE AND THE UNITED STATES POSTAL SERVICE, OR ANY 10
OTHER INSTRUMENTALIT Y WHOLLY OWNED BY TH E UNITED STATES, OR BY ANY 11
DEPARTMENT OR AGENCY OF THE DISTRICT OF COLUMBIA OR ANY TERRI TORY OR 12
POSSESSION OF THE UNITED STATES. 13
(B) SUBJECT TO THE RULES, REGULATIONS , AND ORDERS OF THE BOARD, 14
AN INDIVIDUAL EMPLOY ED IN THE SERVICE OF THE FEDERAL GOVERNME NT AS A 15
HEALTH CARE PRACTITI ONER WHO IS REGULATE D BY THE BOARD MAY PRACTICE 16
WITHOUT A LICENSE WH ILE PRACTICING WITHI N THE SCOPE OF THE E MPLOYMENT 17
ON FEDERAL PROPERTY . 18
(C) SUBJECT TO THE RULES , REGULATIONS , AND ORDERS OF THE BOARD, 19
AN AUTHORIZED SUPERV ISOR MAY SUPERVISE A N UNLICENSED INDIVID UAL 20
EMPLOYED IN THE SERV ICE OF THE FEDERAL G OVERNMENT AS A HEALT H CARE 21
PRACTITIONER WHO IS REGULATED BY THE BOARD WHILE THE INDIVIDU AL IS 22
PRACTICING WITHIN TH E SCOPE OF THE EMPLO YMENT ON FEDERAL PRO PERTY. 23
14–301. 24
(a) [To] IN ADDITION TO ANY OT HER REQUIREMENTS UND ER THIS TITLE, TO 25
qualify for a license, an applicant shall be an individual who meets the requirements of this 26
section. 27
(b) The applicant shall be of good moral character. 28
(c) [The] EXCEPT AS PROVIDED IN § 14–5F–11 OF THIS TITLE, THE applicant 29
shall be at least 18 years old. 30
[(d) Except as provided in § 14–308 of this subtitle, the applicant shall: 31
(1) (i) Have a degree of doctor of medicine from a medical school that is 32
accredited by an accrediting organization that the Board recognizes in its regulations; and 33
SENATE BILL 218 17
(ii) Submit evidence acceptable to the Board of successful completion 1
of 1 year of training in a postgraduate medical training program that is accredited by an 2
accrediting organization that the Board recognizes in its regulations; or 3
(2) (i) Have a degree of doctor of osteopathy from a school of osteopathy 4
in the United States, its territories or possessions, Puerto Rico, or Canada that has 5
standards for graduation equivalent to those established by the American Osteopathic 6
Association; and 7
(ii) Submit evidence acceptable to the Board of successful completion 8
of 1 year of training in a postgraduate medical training program accredited by an 9
accrediting organization that the Board recognizes in its regulations.] 10
(D) THE APPLICANT SHALL C OMPLETE A CRIMINAL H ISTORY RECORDS 11
CHECK IN ACCORDANCE WITH § 14–302 OF THIS SUBTITLE. 12
(e) Except as otherwise provided in this [subtitle] TITLE, the applicant shall 13
[pass an examination required] MEET ANY EDUCATIONAL , CERTIFICATION , TRAINING, 14
OR EXAMINATION REQUI REMENTS ESTABLISHED by the Board. 15
(f) The applicant shall meet any other qualifications that the Board establishes 16
in its regulations for license applicants. 17
[(g) An otherwise qualified applicant who passes the examination after having 18
failed the examination or any part of the examination 3 or more times may qualify for a 19
license only if the applicant: 20
(1) Has successfully completed 2 or more years of a residency or fellowship 21
accredited by the Accreditation Council on Graduate Medical Education or the American 22
Osteopathic Association; 23
(2) (i) Has a minimum of 5 years of clinical practice of medicine: 24
1. In the United States or in Canada; 25
2. With at least 3 of the 5 years having occurred within 5 26
years of the date of the application; and 27
3. That occurred under a full unrestricted license to practice 28
medicine; and 29
(ii) Has no disciplinary action pending and has had no disciplinary 30
action taken against the applicant that would be grounds for discipline under § 14–404 of 31
this title; or 32
(3) Is board certified.] 33 18 SENATE BILL 218
[(h)] (G) (1) The Board shall require as part of its examination or licensing 1
procedures that an applicant for a license to practice medicine OR AN ALLIED HEALTH 2
PROFESSION demonstrate an oral AND WRITTEN competency in the English language. 3
(2) Graduation from a recognized English–speaking undergraduate school 4
or high school, including General Education Development (GED), after at least 3 years of 5
enrollment, or from a recognized English–speaking professional school is acceptable as 6
proof of proficiency in the oral communication of the English language under this section. 7
(3) By regulation, the Board shall develop a procedure for testing 8
individuals who because of their speech impairment are unable to complete satisfactorily a 9
Board approved standardized test of oral competency. 10
(4) If any disciplinary charges or action that involves a problem with the 11
oral communication of the English language are brought against a licensee under this title, 12
the Board shall require the licensee to take and pass a Board approved standardized test 13
of oral competency. 14
[(i) The applicant shall complete a criminal history records check in accordance 15
with § 14–308.1 of this subtitle. 16
(j) (1) The Board shall license an applicant to practice medicine if: 17
(i) The applicant: 18
1. Became licensed or certified as a physician in another 19
jurisdiction under requirements that the Board determines are substantially equivalent to 20
the licensing requirements of this title; 21
2. Is in good standing under the laws of the other 22
jurisdiction; 23
3. Submits an application to the Board on a form that the 24
Board requires; and 25
4. Pays to the Board an application fee set by the Board; and 26
(ii) The jurisdiction in which the applicant is licensed or certified 27
offers a similar reciprocal licensing process for individuals licensed to practice medicine by 28
the Board. 29
(2) The Board shall adopt regulations to implement this subsection.] 30
14–303. 31
SENATE BILL 218 19
[(a)] To apply for a license UNDER THIS TITLE , an applicant shall: 1
(1) Complete a criminal history records check in accordance with [§ 2
14–308.1] § 14–302 of this subtitle; 3
(2) Submits an application to the Board on the form that the Board 4
requires; and 5
(3) Pay to the Board the application fee set by the Board. 6
[(b) The Board may not release a list of applicants for licensure.] 7
14–304. 8
(b) (1) On receipt of the criminal history record information of an applicant for 9
licensure forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, 10
in determining whether to issue a license, the Board shall consider: 11
(i) The age at which the crime was committed; 12
(ii) The nature of the crime; 13
(iii) The circumstances surrounding the crime; 14
(iv) The length of time that has passed since the crime; 15
(v) Subsequent work history; 16
(vi) Employment and character references; and 17
(vii) Other evidence that demonstrates whether the applicant poses a 18
threat to the public health or safety. 19
(2) The Board may not issue a license if the criminal history record 20
information required under [§ 14–308.1] § 14–302 of this subtitle has not been received. 21
14–305. 22
(a) Except as otherwise provided in this title, a license authorizes the licensee to 23
practice [medicine] IN THIS STATE THE HEALTH OCCU PATION STATED ON THE 24
LICENSE ISSUED BY TH E BOARD while the license is effective. 25
(b) A licensee may practice [medicine] THE HEALTH OCCUPATIO N STATED ON 26
THE LICENSE ISSUED B Y THE BOARD using only the name in which the license is issued. 27
14–306. 28 20 SENATE BILL 218
(a) (1) This subsection does not apply to a physician who is on inactive status 1
under [§ 14–320] § 14–511 of this [subtitle] TITLE or emeritus status under [§ 14–302.1] 2
§ 14–512 of this [subtitle] TITLE. 3
(2) The term of a license issued by the Board may not exceed 3 years. 4
(3) A license expires on a date set by the Board, unless the license is 5
renewed for [a] AN ADDITIONAL term as provided in this section. 6
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 7
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 8
last known electronic or physical address of the licensee[: 9
(i) A] A renewal notice that states: 10
[1.] (I) The date on which the current license expires; 11
[2.] (II) The date by which the renewal application must be 12
received by the Board for the renewal to be issued and mailed before the license expires; 13
and 14
[3.] (III) The amount of the renewal fee[; and 15
(ii) A blank panel data sheet supplied by the Health Care 16
Alternative Dispute Resolution Office]. 17
(2) If the Board chooses to send renewal notices exclusively by electronic 18
mail under paragraph (1) of this subsection, the Board shall send a renewal notice by 19
first–class mail to a licensee on request of the licensee. 20
(c) (1) Before the license expires, the licensee periodically may renew it for an 21
additional term, if the licensee: 22
(i) Otherwise is entitled to be licensed; 23
(ii) Is of good moral character; 24
(iii) Pays to the Board a renewal fee set by the Board; [and] 25
(iv) Submits to the Board: 26
1. A renewal application on the form that the Board requires; 27
and 28
2. Satisfactory evidence of compliance with any continuing 29 SENATE BILL 218 21
education OR COMPETENCY requirements set under this section for license renewal; AND 1
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 2
REQUIREMENTS ESTABLI SHED BY THE BOARD. 3
(2) Within 30 days after a license renewal under Section 7 of the Interstate 4
Medical Licensure Compact established under § 14–3A–01 of this title, a compact physician 5
shall submit to the Board the information required under paragraph (1)(iv) of this 6
subsection. 7
(d) (1) In addition to any other qualifications and requirements established by 8
the Board, the Board may establish continuing education OR COMPETENCY requirements 9
as a condition to the renewal of licenses under this section. 10
[(2) In establishing these requirements, the Board shall evaluate existing 11
methods, devices, and programs in use among the various medical specialties and other 12
recognized medical groups. 13
(3) The Board shall adopt regulations that allow a licensee seeking renewal 14
to receive up to 5 continuing education credits per renewal period for providing 15
uncompensated, voluntary medical services during each renewal period. 16
(4) The Board may not establish or enforce these requirements if they 17
would so reduce the number of physicians in a community as to jeopardize the availability 18
of adequate medical care in that community.] 19
[(5)] (2) The Board may not establish a continuing education requirement 20
that every licensee complete a specific course or program as a condition to the renewal of a 21
license under this section. 22
[(6) A disciplinary panel may impose a civil penalty of up to $100 per 23
continuing medical education credit in lieu of a sanction under § 14–404 of this title, for a 24
first offense, for the failure of a licensee to obtain the continuing medical education credits 25
required by the Board.] 26
(e) The Board shall renew the license of each licensee who meets the 27
requirements of this section AND ANY ADDITIONAL REQUIREME NTS ESTABLISHED 28
UNDER SUBTITLE 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, OR 5H OF THIS TITLE, AS 29
APPLICABLE. 30
[(f) (1) Each licensee shall notify the secretary of the Board in writing of any 31
change in the licensee’s name or address within 60 days after the change. 32
(2) If a licensee fails to notify the secretary of the Board within the time 33
required under this section, the licensee is subject to an administrative penalty of $100.] 34
22 SENATE BILL 218
[(g)] (F) (1) Beginning October 1, 2016, the Board shall require a criminal 1
history records check in accordance with [§ 14–308.1] § 14–302 of this subtitle for: 2
(i) Renewal applicants as determined by regulations adopted by the 3
Board; and 4
(ii) Each former licensee who files for reinstatement under [§ 14–317 5
of this subtitle] THIS TITLE. 6
(2) On receipt of the criminal history record information of a licensee 7
forwarded to the Board in accordance with [§ 14–308.1] § 14–302 of this subtitle, in 8
determining whether disciplinary action should be taken, based on the criminal record 9
information, against a licensee who renewed or reinstated a license, the Board shall 10
consider: 11
(i) The age at which the crime was committed; 12
(ii) The nature of the crime; 13
(iii) The circumstances surrounding the crime; 14
(iv) The length of time that has passed since the crime; 15
(v) Subsequent work history; 16
(vi) Employment and character references; and 17
(vii) Other evidence that demonstrates whether the licensee poses a 18
threat to the public health or safety. 19
(3) The Board may renew or reinstate a license only if the licensee or 20
applicant attests that the licensee or applicant has submitted to a criminal history records 21
check under [§ 14–308.1] § 14–302 of this subtitle. 22
14–307. 23
The Board shall reinstate the license of [a physician] AN INDIVIDUAL who has failed 24
to renew the license for any reason, is on inactive status under [§ 14–320] § 14–511 of this 25
[subtitle] TITLE, or is on emeritus status under [§ 14–320.1] § 14–512 of this [subtitle] 26
TITLE if the [physician] INDIVIDUAL: 27
(1) Meets the renewal requirements of [§ 14–316] § 14–306 of this subtitle 28
AND THE APPLICABLE R ENEWAL REQUIREMENTS IN SUBTITLE 5, 5A, 5B, 5C, 5D, 29
5E, 5F, 5G, OR 5H OF THIS TITLE; 30
(2) SUBMITS A REINSTATEMENT APPL ICATION ON THE FORM THAT 31 SENATE BILL 218 23
THE BOARD REQUIRES ; 1
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 2
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 3
the qualifications and requirements established under this title for license reinstatements; 4
AND 5
(5) MEETS ANY ADDITIONAL LICEN SE REINSTATEMENT 6
REQUIREMENTS ESTABLI SHED BY THE BOARD. 7
14–401.1. 8
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 9
subtitle, [§ 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, or § 14–5F–21 of 10
this title or § 15–315 of this article,] the chair of the disciplinary panel that was assigned 11
the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other 12
disciplinary panel. 13
[(e)] (B) (1) [In accordance with subsection (f) of this section, the Board shall 14
enter into a written contract with an entity or individual for confidential physician peer 15
review of allegations based on § 14–404(a)(22) of this subtitle. 16
(2) A peer reviewer shall: 17
(i) Be board certified; 18
(ii) Have special qualifications to judge the matter at hand; 19
(iii) Have received a specified amount of medical experience and 20
training; 21
(iv) Have no formal actions against the peer reviewer’s own license; 22
(v) Receive training in peer review; 23
(vi) Have a standard format for peer review reports; and 24
(vii) To the extent practicable, be licensed and engaged in the practice 25
of medicine in the State. 26
(3) The Board may consult with the appropriate specialty health care 27
provider societies in the State to obtain a list of physicians qualified to provide peer review 28
services. 29
(4)] For purposes of peer review, the Board may use sole source 30 24 SENATE BILL 218
procurement under § 13–107 of the State Finance and Procurement Article. 1
[(5)] (2) The hearing of charges may not be stayed or challenged because 2
of the selection of peer reviewers under this subsection before the filing of charges. 3
[(f)] (C) (1) The entity or individual peer reviewer with which the Board 4
contracts under subsection [(e)] (B) of this section OR § 14–515 OF THIS TITLE shall have 5
90 days for completion of peer review. 6
(2) The entity or individual peer reviewer may apply to the Board for an 7
extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection. 8
(3) If an extension is not granted, and 90 days have elapsed, the Board may 9
contract with any other entity or individual who meets the requirements of subsection 10
[(e)(2)] (B)(2) of this section for the services of peer review. 11
(4) If an extension has been granted, and 120 days have elapsed, the Board 12
may contract with any other entity or individual who meets the requirements of subsection 13
[(e)(2)] (B)(2) of this section for the services of peer review. 14
[(g)] (D) The Board shall issue a request for proposals and enter into a written 15
contract with a nonprofit entity to provide rehabilitation services for physicians or other 16
allied health professionals directed by the Board to receive rehabilitation services. 17
[(h)] (E) (1) To facilitate the investigation and prosecution of disciplinary 18
matters and the mediation of fee disputes coming before it, the Board may contract with an 19
entity or entities for the purchase of investigatory, mediation, and related services. 20
(2) Services that may be contracted for under this subsection include the 21
services of: 22
(i) Investigators; 23
(ii) Attorneys; 24
(iii) Accountants; 25
(iv) Expert witnesses; 26
(v) Consultants; and 27
(vi) Mediators. 28
[(i)] (F) The Board or a disciplinary panel may issue subpoenas and administer 29
oaths in connection with any investigation under this section and any hearing or proceeding 30
before it. 31 SENATE BILL 218 25
[(j)] (G) (1) It is the intent of this section that the disposition of every 1
complaint against a licensee that sets forth allegations of grounds for disciplinary action 2
filed with the Board shall be completed as expeditiously as possible and, in any event, 3
within 18 months after the complaint was received by the Board. 4
(2) If a disciplinary panel is unable to complete the disposition of a 5
complaint within 1 year, the Board shall include in the record of that complaint a detailed 6
explanation of the reason for the delay. 7
[(k)] (H) A disciplinary panel, in conducting a meeting with a physician or allied 8
health professional to discuss the proposed disposition of a complaint, shall provide an 9
opportunity to appear before the disciplinary panel to both the licensee who has been 10
charged and the individual who has filed the complaint against the licensee giving rise to 11
the charge. 12
14–401.2. 13
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 14
relief against an individual for: 15
(1) Practicing a profession regulated under this title [or Title 15 of this 16
article] without a license OR WITH AN UNAUTHORI ZED PERSON; 17
(2) Representing to the public, by title, description of services, methods, 18
procedures, or otherwise, that the individual is authorized to practice: 19
(i) Medicine in this State, in violation of [§ 14–602] § 14–529 of this 20
title; 21
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 22
title; 23
(iii) Radiation therapy, radiography, nuclear medicine technology, or 24
radiation assistance in this State, in violation of § 14–5B–18 of this title; 25
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 26
title; 27
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 28
title; 29
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 30
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 31
of this title; [or] 32 26 SENATE BILL 218
(viii) GENETIC COUNSELING IN THIS STATE, IN VIOLATIONS OF § 1
14–5G–24 OF THIS TITLE; OR 2
(IX) As a physician assistant in this State, in violation of [§ 15–402 of 3
this article] § 14–5H–19 OF THIS TITLE; or 4
(3) Taking any action: 5
(i) For which a disciplinary panel determines there is a 6
preponderance of evidence of grounds for discipline under [§ 14–404] § 14–516 of this title; 7
and 8
(ii) That poses a serious risk to the health, safety, and welfare of a 9
patient. 10
14–402. 11
(a) In reviewing an application for licensure or in investigating an allegation 12
brought against a licensed physician or any allied health professional regulated by the 13
Board under this title, the [Physician] Rehabilitation Program may request the Board to 14
direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed 15
physician or any allied health professional regulated by the Board under this title to submit 16
to an appropriate examination. 17
(c) The unreasonable failure or refusal of the licensed individual OR APPLICANT 18
to submit to an examination is prima facie evidence of the licensed individual’s OR 19
APPLICANT’S inability to practice medicine or the respective discipline competently, unless 20
the Board or disciplinary panel finds that the failure or refusal was beyond the control of 21
the licensed individual OR APPLICANT . 22
(d) The Board shall pay the costs of any examination OF A LICENSEE made under 23
this section. 24
(e) (1) The Board or the entity or entities with which the Board contracts shall 25
appoint the members of the [Physician] Rehabilitation Program. 26
(2) The chair of the Board shall appoint one member of the Board to serve 27
as a liaison to the [Physician] Rehabilitation Program. 28
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 29
Auditor as provided in § 2–1220 of the State Government Article. 30
14–403. 31
(a) Unless a disciplinary panel agrees to accept the surrender of a license, 32 SENATE BILL 218 27
certification, or registration of an individual the Board regulates, the individual may not 1
surrender the license, certification, or registration nor may the license, certification, or 2
registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 3
DISCIPLINE while the individual is under investigation or while charges are pending. 4
14–404. 5
SUBJECT TO THE ADMINISTRATIVE PROCEDURE ACT AND THE HEARING 6
PROVISIONS OF § 14–405 OF THIS SUBTITLE , A DISCIPLINARY PANEL MAY DENY A 7
LICENSE TO AN APPLIC ANT OR, IF AN APPLICANT HAS FAILED TO RENEW THE 8
APPLICANT’S LICENSE, REFUSE TO RENEW OR R EINSTATE AN APPLICAN T’S LICENSE 9
FOR ANY OF THE REASO NS THAT ARE GROUNDS FOR ACTION UNDER § 14–516, § 10
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 11
14–5G–18, OR § 14–5H–16 OF THIS TITLE, AS APPLICABLE. 12
14–405. 13
(a) Except as otherwise provided in the Administrative Procedure Act, before the 14
Board or a disciplinary panel takes any action under [§ 14–404(a)] § 14–404 of this subtitle 15
or [§ 14–205(b)(3)] § 14–516(A), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 16
14–5D–14(a), § 14–5E–16(a), [or] § 14–5F–18, § 14–5G–18, OR § 14–5H–16 of this title, 17
it shall give the individual against whom the action is contemplated an opportunity for a 18
hearing before a hearing officer. 19
[(g)] (F) The hearing of charges may not be stayed or challenged by any 20
procedural defects alleged to have occurred prior to the filing of charges. 21
14–406. 22
(a) Following the filing of charges, if a majority of the quorum of a disciplinary 23
panel finds that there are grounds for action under [§ 14–404] § 14–516, § 14–5A–17, § 24
14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, § 14–5G–18, OR § 25
14–5H–16 of this [subtitle] TITLE, the disciplinary panel shall pass an order in accordance 26
with the Administrative Procedure Act. 27
(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote 28
of a majority of its quorum, that there are no grounds for action under [§ 14–404] § 29
14–516, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, 30
§ 14–5G–18, OR § 14–5H–16 of this [subtitle] TITLE, the disciplinary panel: 31
(1) Immediately shall dismiss the charges and exonerate the licensee; 32
(2) (i) Except as provided in item (ii) of this item, shall expunge all 33
records of the charges 3 years after the charges are dismissed; or 34
28 SENATE BILL 218
(ii) If the physician OR ALLIED HEALTH PRO FESSIONAL executes 1
a document releasing the Board from any liability related to the charges, shall immediately 2
expunge all records of the charges; and 3
(3) May not take any further action on the charges. 4
14–409. 5
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel, 6
ON THE AFFIRMATIVE V OTE OF A MAJORITY OF THE QUORUM OF THE DI SCIPLINARY 7
PANEL, may reinstate the license of an individual whose license has been surrendered or 8
revoked under this title only in accordance with: 9
(i) The terms and conditions of the order of revocation or letter of 10
surrender; 11
(ii) An order of reinstatement issued by the disciplinary panel; or 12
(iii) A final judgment in any proceeding for review. 13
(2) If a license is surrendered or revoked for a period of more than 1 year, 14
[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 15
(i) Meets the requirements for reinstatement as established by the 16
Board; and 17
(ii) Completes a criminal history records check in accordance with [§ 18
14–308.1] § 14–302 of this title. 19
(c) If an order of revocation is based on [§ 14–404(b)] § 14–516(B), § 20
14–5A–17(B), § 14–5B–14(B), § 14–5C–17(B), § 14–5D–14(B), § 14–5E–16(B), § 21
14–5F–18(B), § 14–5G–18(B), OR § 14–5H–16(B) of this [subtitle] TITLE, and the 22
conviction or plea subsequently is overturned at any stage of an appeal or other 23
postconviction proceeding, the revocation ends when the conviction or plea is overturned. 24
14–411. 25
(d) The Board shall disclose any information contained in a record to: 26
(1) A committee of a hospital, health maintenance organization, or related 27
institution if: 28
(i) The committee of a medical hospital staff concerned with 29
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 30
organization, or related institution requests the information in writing; 31
SENATE BILL 218 29
(ii) A disciplinary panel has issued an order as to a [licensed 1
physician] LICENSEE on whom the information is requested; and 2
(iii) The Board determines that the information requested is 3
necessary for an investigation or action of the committee as to a medical privilege of a 4
[licensed physician] LICENSEE; or 5
(2) The Secretary, the Office of Health Care Quality in the Department, 6
the Maryland Health Care Commission, or the Health Services Cost Review Commission 7
for the purpose of investigating quality or utilization of care in any entity regulated by the 8
Office of Health Care Quality or the Health Services Cost Review Commission. 9
(g) (1) The Board shall notify all hospitals, health maintenance organizations, 10
or other health care facilities where a [physician or an allied health professional] 11
LICENSEE regulated by the Board has privileges, has a provider contract with a health 12
maintenance organization, or is employed of a complaint or report filed against that 13
[physician] LICENSEE, if: 14
(i) The Board determines, in its discretion, that the hospital, health 15
maintenance organization, or health care facility should be informed about the report or 16
complaint; 17
(ii) The nature of the complaint suggests a reasonable possibility of 18
an imminent threat to patient safety; or 19
(iii) The complaint or report was as a result of a claim filed in the 20
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 21
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 22
(2) The Board shall disclose any information pertaining to a [physician’s] 23
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 24
to a committee of a hospital, health maintenance organization, or other health care facility 25
if: 26
(i) The committee is concerned with [physician] LICENSEE 27
discipline and requests the information in writing; and 28
(ii) The Board has received a complaint or report pursuant to 29
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 30
the information is requested. 31
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 32
this subtitle, notify those hospitals, health maintenance organizations, or health care 33
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 34
health maintenance organization, or is employed of its formal action within 10 days after 35
the action is taken and shall provide the hospital, health maintenance organization, or 36 30 SENATE BILL 218
health care facility with periodic reports as to enforcement or monitoring of a formal 1
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 2
reports. 3
(h) On the request of a person who has made a complaint to the Board regarding 4
a [physician] LICENSEE, the Board shall provide the person with information on the status 5
of the complaint. 6
(j) The Board may disclose any information contained in a record to a licensing 7
or disciplinary authority of another state if: 8
(1) The licensing or disciplinary authority of another state that regulates 9
[licensed physicians] LICENSEES in that state requests the information in writing; and 10
(2) The disclosure of any information is limited to the pendency of an 11
allegation of a ground for disciplinary or other action by a disciplinary panel until: 12
(i) The disciplinary panel has passed an order under § 14–406 of 13
this subtitle; or 14
(ii) A [licensed physician] LICENSEE on whom the information is 15
requested authorizes a disclosure as to the facts of an allegation or the results of an 16
investigation before the Board. 17
(k) The Board may disclose any information contained in a record to a person if: 18
(1) A [licensed physician] LICENSEE on whom any information is 19
requested authorizes the person to receive the disclosure; 20
(2) The person requests the information in writing; and 21
(3) The authorization for the disclosure is in writing. 22
(p) (1) The Board may publish a summary of any allegations of grounds for 23
disciplinary or other action. 24
(2) A summary may not identify: 25
(i) Any person who makes an allegation to the Board or any of its 26
investigatory bodies; 27
(ii) A [licensed physician] LICENSEE about whom an allegation is 28
made; or 29
(iii) A witness in an investigation or a proceeding before the Board or 30
any of its investigatory bodies. 31
SENATE BILL 218 31
14–411.1. 1
(b) The Board shall create and maintain a public individual profile on each 2
licensee that includes the following information: 3
(1) A summary of charges filed against the licensee, including a copy of the 4
charging document, until a disciplinary panel has taken action under [§ 14–404] § 14–516 5
of this [subtitle] TITLE based on the charges or has rescinded the charges; 6
(2) A description of any disciplinary action taken by the Board or a 7
disciplinary panel against the licensee within the most recent 10–year period that includes 8
a copy of the public order; 9
(3) A description in summary form of any final disciplinary action taken by 10
a licensing board in any other state or jurisdiction against the licensee within the most 11
recent 10–year period; 12
(4) A description of a conviction or entry of a plea of guilty or nolo 13
contendere by the licensee for a crime involving moral turpitude reported to the Board 14
under § 14–416 of this subtitle; and 15
[(5) As reported to the Board by the licensee, education and practice 16
information about the licensee including: 17
(i) The name of any medical school that the licensee attended and 18
the date on which the licensee graduated from the school; 19
(ii) A description of any internship and residency training; 20
(iii) A description of any specialty board certification by a recognized 21
board of the Association; American Board of Medical Specialties or the American 22
Osteopathic Association; 23
(iv) The name of any hospital where the licensee has medical 24
privileges; 25
(v) The location of the licensee’s primary practice setting; 26
(vi) Whether the licensee participates in the Maryland Medical 27
Assistance Program; 28
(vii) Whether the licensee maintains medical professional liability 29
insurance; and 30
(viii) The number of medical malpractice final court judgments and 31
arbitration awards against the licensee within the most recent 10–year period.] 32
32 SENATE BILL 218
(5) FOR A PHYSICIAN, THE INFORMATION REQUIRED UNDER § 14–517 1
OF THIS TITLE. 2
(c) In addition to the requirements of subsection (b) of this section, the Board 3
shall: 4
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 5
DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 6
BOARD’S WEBSITE. 7
(2) Provide appropriate and accessible Internet links from the Board’s 8
[Internet site] WEBSITE: 9
(i) To the extent available, to the appropriate portion of the 10
[Internet site] WEBSITE of each health maintenance organization licensed in this State 11
which will allow the public to ascertain the names of the physicians affiliated with the 12
health maintenance organization; and 13
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 14
American Medical Association; 15
[(2)] (3) Include a statement on each licensee’s profile of information to 16
be taken into consideration by a consumer when viewing a licensee’s profile, including 17
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 18
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 19
and 20
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 21
(i) Notification that a person may contact the Board by telephone, 22
electronic mail, or written request to find out whether the number of medical malpractice 23
settlements involving a particular licensee totals three or more with a settlement amount 24
of $150,000 or greater within the most recent 5–year period as reported to the Board; and 25
(ii) A telephone number, electronic mail address, and physical 26
address through which a person may contact the Board to request the information required 27
to be provided under item (i) of this item. 28
(d) The Board: 29
(1) On receipt of a written request for a licensee’s profile from any person, 30
shall forward a written copy of the profile to the person; 31
(2) Shall maintain a website that serves as a single point of entry where 32
all physician AND ALLIED HEALTH PR OFESSIONAL profile information is available to the 33
public on the Internet; and 34 SENATE BILL 218 33
(3) On receipt of a verbal, electronic, or written request in accordance with 1
subsection [(c)(3)] (C)(4) of this section, shall provide the information within 2 business 2
days of the request. 3
14–413. 4
(A) A person may not make any false statement, report, or representation to the 5
Board or a disciplinary panel. 6
(B) (1) A PERSON WHO VIOLATED ANY PROVISION OF THI S SUBTITLE IS 7
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 8
EXCEEDING $5,000 OR IMPRISONMENT NOT EXC EEDING 5 YEARS OR BOTH . 9
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 10
SECTION INTO THE BOARD OF PHYSICIANS FUND. 11
14–416. 12
(a) Each court shall report to the Board each conviction of or entry of a plea of 13
guilty or nolo contendere by a [physician] LICENSEE for any crime involving moral 14
turpitude. 15
14–417. 16
(A) (1) EACH LICENSEE SHALL N OTIFY THE BOARD IN WRITING OF A NY 17
CHANGE IN THE LICENS EE’S NAME OR ADDRESS WI THIN 60 DAYS AFTER THE 18
CHANGE. 19
(2) IF THE LICENSEE FAILS TO NOTIFY THE BOARD WITHIN THE TIME 20
REQUIRED UNDER THIS SECTION, THE LICENSEE IS SUBJECT TO AN 21
ADMINISTRATIVE PENAL TY OF $100. 22
(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $100 23
PER CONTINUING MEDIC AL EDUCATION CREDIT IN LIEU OF A SANCTIO N FOR A FIRST 24
OFFENSE FOR THE FAIL URE OF A LICENSEE TO OBTAIN THE CONTINUIN G MEDICAL 25
EDUCATION CREDIT REQ UIRED BY THE BOARD. 26
Subtitle 5. [Miscellaneous Provisions] PHYSICIANS. 27
14–502. 28
Subject to the rules, regulations, and orders of the Board, the following individuals 29
may practice medicine without a license: 30
34 SENATE BILL 218
(1) A medical student or an individual in a postgraduate medical training 1
program that is accredited by an accrediting organization recognized by the Board in 2
regulations, while the individual is practicing medicine in the program and doing the 3
assigned duties at any office of a licensed physician, hospital, clinic, or similar facility; 4
(2) A physician licensed by and residing in another jurisdiction, if the 5
physician: 6
(i) Is engaged in consultation with a physician licensed in the State 7
about a particular patient and does not direct patient care; 8
(ii) 1. Has an active, unrestricted license to practice medicine in 9
the jurisdiction where the physician regularly engages in the practice of medicine; 10
2. Is employed by or has a written agreement with an athletic 11
team or a sports team based outside the State; 12
3. Is designated as the team physician by the athletic or 13
sports team to provide medical care to the team’s members, band members, cheerleading 14
squad, mascot, coaches, and other staff who travel to a specified sporting event taking place 15
in the State; 16
4. While in the State, provides medical care only to 17
individuals listed in item 3 of this item; 18
5. Does not provide medical care in the State for more than 19
45 days in a calendar year; and 20
6. Does not engage in the practice of medicine at a hospital, 21
related institution, or other health care facility, including an acute care facility, located 22
within the State; or 23
(iii) Is engaged in clinical training or participates in training or 24
teaching of a skill or procedure in a hospital if: 25
1. The skill or procedure: 26
A. Is advanced beyond those skills or procedures normally 27
taught or exercised in the hospital and in standard medical education or training; 28
B. Could not be otherwise conveniently taught or 29
demonstrated in standard medical education or training in that hospital; and 30
C. Is likely to benefit Maryland patients in this instance; 31
2. The demonstration of all skills or procedures by the 32
physician does not exceed 14 days total in the calendar year; 33 SENATE BILL 218 35
3. A licensed physician who practices at a hospital in the 1
State will be responsible for the medical care provided by that visiting physician to patients 2
in the State; 3
4. The visiting physician has no history of any medical 4
disciplinary action in any other state, territory, nation, or any branch of the United States 5
uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 6
AFFAIRS, and has no significant detrimental malpractice history; 7
5. The physician is covered by malpractice insurance in the 8
jurisdiction in which the physician practices; and 9
6. The hospital ensures that the patients will be protected by 10
adequate malpractice insurance; 11
[(3) A physician employed in the service of the federal government while 12
performing the duties incident to that employment;] 13
[(4)] (3) A physician who resides in and is authorized to practice medicine 14
by any state adjoining this State for the purpose of prescribing home health services to a 15
patient who resides in this State, if the physician: 16
(i) Does not have an office or other regularly appointed place in this 17
State to meet patients; and 18
(ii) Has performed an in–person physical examination of the patient 19
within the jurisdictional boundaries of the adjoining state in which the prescribing 20
physician is authorized to practice medicine; and 21
[(5)] (4) An individual while under the supervision of a licensed physician 22
who has specialty training in psychiatry, and whose specialty training in psychiatry has 23
been approved by the Board, if the individual submits an application to the Board on or 24
before October 1, 1993, and either: 25
(i) 1. Has a master’s degree from an accredited college or 26
university; and 27
2. Has completed a graduate program accepted by the Board 28
in a behavioral science that includes 1,000 hours of supervised clinical psychotherapy 29
experience; or 30
(ii) 1. Has a baccalaureate degree from an accredited college or 31
university; and 32
2. Has 4,000 hours of supervised clinical experience that is 33 36 SENATE BILL 218
approved by the Board. 1
14–503. 2
(c) (1) The Board shall adopt rules and regulations to delineate the scope of 3
this section. 4
(2) Before it adopts any rule or regulation under this section, the Board 5
shall invite and consider proposals from any individual or health group that could be 6
affected by the rule or regulation. 7
(e) Except as otherwise provided in this section, an individual may perform 8
X–ray duties without a license TO PRACTICE MEDICINE only if the duties: 9
(1) Do not include: 10
(i) Computerized or noncomputerized tomography; 11
(ii) Fluoroscopy; 12
(iii) Invasive radiology; 13
(iv) Mammography; 14
(v) Nuclear medicine; 15
(vi) Radiation therapy; or 16
(vii) Xerography; 17
(2) Are limited to X–ray procedures of the: 18
(i) Chest, anterior–posterior and lateral; 19
(ii) Spine, anterior–posterior and lateral; or 20
(iii) Extremities, anterior–posterior and lateral, not including the 21
head; and 22
(3) Are performed: 23
(i) By an individual who is not employed primarily to perform 24
X–ray duties; 25
(ii) In the medical office of the physician who delegates the duties; 26
and 27
SENATE BILL 218 37
(iii) 1. By an individual who, before October 1, 2002, has: 1
A. Taken a course consisting of at least 30 hours of training 2
in performing X–ray procedures approved by the Maryland Radiological Society in 3
consultation with the Maryland Society of Radiologic Technologists; and 4
B. Successfully passed an examination based on that course 5
that has been approved by the Maryland Radiological Society in consultation with the 6
Maryland Society of Radiologic Technologists; or 7
2. By a licensed physician assistant who has completed a 8
course that includes anterior–posterior and lateral radiographic studies of extremities on 9
at least 20 separate patients under the direct supervision of the delegating physician or 10
radiologist using a mini C–arm or similar low–level radiation machine to perform 11
nonfluoroscopic X–ray procedures, if the duties: 12
A. Include only the X–ray procedures described in paragraph 13
(2)(iii) of this subsection; and 14
B. Are performed pursuant to a Board–approved delegation 15
agreement that includes a request to perform advanced duties under [§ 15–302(c)(2)] § 16
14–5H–08(C)(2) of this [article] TITLE. 17
14–504. 18
(A) TO QUALIFY FOR A LICE NSE TO PRACTICE MEDI CINE AS A PHYSICIAN IN 19
THE STATE, AN APPLICANT SHALL B E AN INDIVIDUAL WHO MEETS THE 20
REQUIREMENTS OF § 14–301 OF THIS TITLE AND TH IS SECTION. 21
(B) EXCEPT AS PROVIDED IN § 14–505 OF THE SUBTITLE , THE APPLICANT 22
SHALL: 23
(1) (I) HAVE A DEGREE OF DOCTOR OF MEDICINE FROM A 24
MEDICAL SCHOOL THAT IS ACCREDITED BY AN ACCREDITING ORGANIZA TION THAT 25
THE BOARD RECOGNIZES IN I TS REGULATIONS ; AND 26
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 27
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAINING IN A POS TGRADUATE MEDICAL 28
TRAINING PROGRAM THA T IS ACCREDITED BY A N ACCREDITING ORGANI ZATION 29
THAT THE BOARD RECOGNIZES IN ITS REGULATIONS ; OR 30
(2) (I) HAVE A DEGREE OF DOCTOR OF OSTEOPATHY FROM A 31
SCHOOL OF OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR 32
POSSESSIONS, PUERTO RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION 33
EQUIVALENT TO THOSE ESTABLISHED BY THE AMERICAN OSTEOPATHIC 34 38 SENATE BILL 218
ASSOCIATION; AND 1
(II) SUBMIT EVIDENCE ACCEP TABLE TO THE BOARD OF 2
SUCCESSFUL COMPLETIO N OF 1 YEAR OF TRAIN ING IN A POSTGRADUAT E MEDICAL 3
TRAINING PROGRAM ACC REDITED BY AN ACCRED ITING ORGANIZATION T HAT THE 4
BOARD RECOGNIZES IN I TS REGULATIONS . 5
(C) IF AN EXAMINATION IS REQUIRED FOR A LICEN SE TO PRACTICE 6
MEDICINE, AN OTHERWISE QUALIFI ED APPLICANT WHO PAS SES THE EXAMINATION 7
AFTER HAVING FAILED THE EXAMINATION OR ANY P ART OF THE EXAMINATI ON 8
THREE OR MORE TIMES MAY QUALIFY FOR A LI CENSE ONLY IF THE AP PLICANT: 9
(1) HAS SUCCESSFULLY COMP LETED 2 OR MORE YEAR S OF A 10
RESIDENCY OR FELLOWS HIP ACCREDITED BY TH E ACCREDITATION COUNCIL ON 11
GRADUATE MEDICAL EDUCATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION; 12
(2) (I) HAS A MINIMUM OF 5 YEARS OF CLINICAL PR ACTICE OF 13
MEDICINE: 14
1. IN THE UNITED STATES OR IN CANADA; 15
2. WITH A LEAST 3 OF THE 5 YEARS HAVING OCCURRE D 16
WITHIN 5 YEARS OF THE DATE OF THE APPLICATION ; AND 17
3. THAT OCCURRED UNDER A FULL UNRESTRICTED 18
LICENSE TO PRACTICE MEDICINE; AND 19
(II) HAS NO DISCIPLINARY A CTION PENDING AND HA S HAD NO 20
DISCIPLINARY ACTION TAKEN AG AINST THE APPLICANT THAT WOULD BE GROUND S 21
FOR DISCIPLINE UNDER § 14–515 OF THIS SUBTITLE; OR 22
(3) IS BOARD CERTIFIED. 23
(D) (1) THE BOARD SHALL LICENSE A N APPLICANT TO PRACT ICE 24
MEDICINE IF: 25
(I) THE APPLICANT: 26
1. BECAME LICENSED OR CERTIFIED A S A PHYSICIAN IN 27
ANOTHER JURISDICTION UNDER REQUIREMENTS T HAT THE BOARD DETERMINES 28
ARE SUBSTANTIALLY EQ UIVALENT TO THE LICE NSING REQUIREMENTS O F THIS 29
TITLE; 30
2. IS IN GOOD STANDING U NDER THE LAWS OF THE 31 SENATE BILL 218 39
OTHER JURISDICTION ; 1
3. SUBMITS AN APPLICATIO N TO THE BOARD ON A FORM 2
THAT THE BOARD REQUIRES ; AND 3
4. PAYS TO THE BOARD AN APPLICATION FEE SET BY 4
THE BOARD; AND 5
(II) THE JURISDICTION IN W HICH THE APPLICANT I S LICENSED 6
OR CERTIFIED OFFERS A SIMILAR RECIPROCAL LICENSING PROCESS FO R 7
INDIVIDUALS LICENSED TO PRACTICE MEDICINE BY THE BOARD. 8
(2) THE BOARD SHALL ADOPT REG ULATIONS TO IMPLEMEN T THIS 9
SUBSECTION. 10
(E) (1) IN ESTABLISHING ANY C ONTINUING EDUCATION REQUIREMENTS 11
FOR THE RENEWAL OF A LICENSE, THE BOARD SHALL EVALUATE EXISTING 12
METHODS, DEVICES, AND PROGRAMS IN USE AMONG THE VARIOUS ME DICAL 13
SPECIALTIES AND OTHE R RECOGNIZED MEDICAL GROUPS. 14
(2) THE BOARD SHALL ADOPT REG ULATIONS THAT ALLOW A 15
LICENSEE SEEKING REN EWAL TO RECEIVE UP TO FIVE CONTINUING EDUCATION 16
CREDITS PER RENEWAL PERIOD FOR PROVIDING UNCOMPENSATED , VOLUNTARY 17
MEDICAL SERVICES DUR ING EACH RENEWAL PER IOD. 18
(3) THE BOARD MAY NOT ESTABLI SH OR ENFORCE THESE 19
REQUIREMENTS IF THEY WOULD SO REDUCE THE NUMBER OF PHYSICIANS IN A 20
COMMUNITY AS TO JEOP ARDIZE THE AVAILABIL ITY OF ADEQUATE MEDI CAL CARE IN 21
THAT COMMUNITY . 22
14–505. 23
(b) An applicant for a license TO PRACTICE MEDICINE is exempt from the 24
educational requirements of [§ 14–307] § 14–301 OF THIS TITLE AND § 14–504 of this 25
subtitle, if the applicant: 26
(1) Has studied medicine at a foreign medical school; 27
(2) Is certified by the Educational Commission for Foreign Medical 28
Graduates or by its successor as approved by the Board; 29
(3) Passes a qualifying examination for foreign medical school graduates 30
required by the Board; 31
(4) Meets any other qualifications for foreign medical school graduates that 32 40 SENATE BILL 218
the Board establishes in its regulation for licensing of applicants; 1
(5) Submits acceptable evidence to the Board of the requirements set in the 2
Board’s regulations; and 3
(6) Meets one of the following requirements: 4
(i) The applicant graduated from any foreign medical school and 5
submits evidence acceptable to the Board of successful completion of 2 years of training in 6
a postgraduate medical education program accredited by an accrediting organization 7
recognized by the Board; or 8
(ii) The applicant successfully completed a fifth pathway program 9
and submits evidence acceptable to the Board that the applicant: 10
1. Has a document issued by the foreign medical school 11
certifying that the applicant completed all of the formal requirements of that school for the 12
study of medicine, except for the postgraduate or social service components as required by 13
the foreign country or its medical school; 14
2. Has successfully completed a fifth pathway program; and 15
3. Has successfully completed 2 years of training in a 16
postgraduate medical education program following completion of a Board approved fifth 17
pathway program. 18
14–506. 19
(a) An applicant who otherwise qualifies for a license TO PRACTICE MEDICINE 20
under this title is entitled to sit for an examination as provided under this section or any 21
regulations adopted to carry out this section. 22
14–510. 23
(a) The Board may: 24
(1) License TO PRACTICE MEDICINE an applicant by virtue of the 25
conceded eminence and authority of the applicant in the profession if the applicant: 26
(i) Is recommended to the Board by: 27
1. The dean of a school of medicine in the State; or 28
2. The Director of the National Institutes of Health; 29
(ii) Is to receive an appointment at the institution making the 30
recommendation under item (i) of this paragraph; and 31 SENATE BILL 218 41
(iii) Meets any other requirement the Board may adopt by regulation 1
under this section; 2
(2) Define by regulation the term “conceded eminence and authority in the 3
profession” and, for this purpose, shall consider such criteria as: 4
(i) Academic appointments; 5
(ii) Length of time in the profession; 6
(iii) Scholarly publications; and 7
(iv) Professional accomplishments; 8
(3) Adopt regulations concerning the further qualifications of an applicant 9
for licensure, including conditions of employment, application procedures, and fees under 10
this section; 11
(4) Allow an exception to the general education and examination 12
requirements of [§ 14–307(d) and (e)] § 14–301(E) OF THIS TITLE AND § 14–504(B) of 13
this subtitle, but may not permit waiver of the requirements of [§ 14–307(a) through (c)] § 14
14–301(A) THROUGH (C) of this [subtitle] TITLE; 15
(5) Qualify, restrict, or otherwise limit a license granted under this section; 16
and 17
(6) Require a 6–month probationary period during which the medical 18
services performed by the applicant granted a license under this section are supervised by 19
another licensed physician. 20
14–511. 21
(b) A licensee on inactive status is exempt from the continuing education 22
requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 23
14–512. 24
(c) A licensee on emeritus status is exempt from the continuing education 25
requirements under [§ 14–316(d)] § 14–306(D) of this [subtitle] TITLE. 26
14–514. 27
(C) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS GUILTY 28
OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING 29
$500. 30 42 SENATE BILL 218
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 1
SECTION INTO THE BOARD OF PHYSICIANS FUND. 2
14–515. 3
(A) IF AN ALLEGATION OF G ROUNDS FOR DISCIPLIN ARY OR OTHER ACTION 4
IS MADE BY A PATIENT OR A FAMILY MEMBER OF A PATIENT BASED O N § 5
14–516(A)(22) OF THIS SUBTITLE, AND A FULL INVESTIGA TION RESULTS FROM TH AT 6
ALLEGATION, THE FULL INVESTIGATI ON SHALL INCLUDE AN OFFER FOR AN 7
INTERVIEW WITH THE P ATIENT OR A FAMILY M EMBER OF THE PATIENT WHO WAS 8
PRESENT AT OR AROUND THE TIME THAT THE IN CIDENT THAT GAVE RIS E TO THE 9
ALLEGATION OCCURRED . 10
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, AFTER 11
BEING ASSIGNED A COM PLAINT UNDER § 14–401.1 OF THIS TITLE , THE 12
DISCIPLINARY PANEL M AY: 13
(I) REFER AN ALLEGATION F OR FURTHER INVESTIGATION TO 14
THE ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF 15
THIS SECTION; OR 16
(II) TAKE ANY APPROPRIATE AND IMMEDIATE ACTION AS 17
NECESSARY. 18
(2) (I) IF, AFTER BEING ASSIGNED A COMPLAINT AND 19
COMPLETING THE PRELI MINARY INVESTIGATION , THE DISCIPLINARY PAN EL FINDS 20
THAT THE LICENSEE MA Y HAVE VIOLATED § 14–516(A)(22) OF THIS SUBTITLE , THE 21
DISCIPLINARY PANEL S HALL REFER THE ALLEG ATION TO THE ENTITY OR ENTITIES 22
THAT HAVE CONTRACTED WITH THE BOARD UNDER SUBSECTIO N (D) OF THIS 23
SECTION FOR FURTHER IN VESTIGATION AND PHYS ICIAN PEER REVIEWS W ITHIN THE 24
INVOLVED MEDICAL SPE CIALTY OR SPECIALTIE S. 25
(II) A DISCIPLINARY PANEL S HALL OBTAIN TWO PEER REVIEW 26
REPORTS FROM THE ENT ITY OR INDIVIDUAL WI TH WHOM THE BOARD CONTRACTED 27
UNDER SUBSECTI ON (D) OF THIS SECTION FOR EACH ALLEGATION THE 28
DISCIPLINARY PANEL R EFERS FOR PEER REVIE W. 29
(C) COUNTY MEDICAL SOCIET IES SHALL REFER TO T HE BOARD ALL 30
COMPLAINS THAT SET F ORTH ALLEGATIONS OF GROUNDS FOR DISCIPLI NARY 31
ACTION UNDER § 14–516 OF THIS SUBTITLE. 32
(D) (1) IN ACCORDANCE WITH § 14–401.1(C) OF THIS TITLE, THE BOARD 33
SHALL ENTER INTO A W RITTEN CONTRACT WITH AN ENTITY OR INDIVID UAL FOR 34 SENATE BILL 218 43
CONFIDENTIAL PHYSICI AN PEER REVIEW OF AL LEGATIONS BASED ON § 1
14–516(A)(22) OF THIS SUBTITLE. 2
(2) A PEER REVIEWER SHALL : 3
(I) BE BOARD CERTIFIED; 4
(II) HAVE SPECIAL QUALIFIC ATIONS TO JUDGE THE MATTER AT 5
HAND; 6
(III) HAVE RECEIVED A SPECI FIED AMOUNT OF MEDIC AL 7
EXPERIENCE AND TRAIN ING; 8
(IV) HAVE NO FORMAL ACTION S AGAINST THE PEER REVIEWER’S 9
OWN LICENSE; 10
(V) RECEIVE TRAINING IN P EER REVIEW; 11
(VI) HAVE A STANDARD FORMA T FOR PEER REVIEW RE PORTS; 12
AND 13
(VII) TO THE EXTENT PRACTIC ABLE, BE LICENSED AND ENGAGED 14
IN THE PRACTICE OF M EDICINE IN THE STATE. 15
(3) THE BOARD MAY CONSUL T WITH THE APPROPRIA TE SPECIALTY 16
HEALTH CARE PROVIDER SOCIETIES IN THE STATE TO OBTAIN A LIST OF PHYSICIANS 17
QUALIFIED TO PROVIDE PEER REVIEW SERVICES . 18
14–516. 19
(a) Subject to the hearing provisions of § 14–405 of this [subtitle] TITLE, a 20
disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary 21
panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke 22
a license if the licensee: 23
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 24
the applicant or licensee or for another; 25
(2) Fraudulently or deceptively uses a license; 26
(3) Is guilty of: 27
(i) Immoral conduct in the practice of medicine; or 28
(ii) Unprofessional conduct in the practice of medicine; 29 44 SENATE BILL 218
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 1
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 2
(5) Solicits or advertises in violation of [§ 14–503] § 14–514 of this [title] 3
SUBTITLE; 4
(6) Abandons a patient; 5
(7) Habitually is intoxicated; 6
(8) Is addicted to, or habitually abuses, any narcotic or controlled 7
dangerous substance as defined in § 5–101 of the Criminal Law Article; 8
(9) Provides professional services: 9
(i) While under the influence of alcohol; or 10
(ii) While using any narcotic or controlled dangerous substance, as 11
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 12
amounts or without valid medical indication; 13
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 14
as to exploit the patient for financial gain; 15
(11) Willfully makes or files a false report or record in the practice of 16
medicine; 17
(12) Willfully fails to file or record any medical report as required under law, 18
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 19
to file or record the report; 20
(13) On proper request, and in accordance with the provisions of Title 4, 21
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 22
record to the patient, another physician, or hospital; 23
(14) Solicits professional patronage through an agent or other person or 24
profits from the acts of a person who is represented as an agent of the physician; 25
(15) Pays or agrees to pay any sum to any person for bringing or referring a 26
patient or accepts or agrees to accept any sum from any person for bringing or referring a 27
patient; 28
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 29
the laboratory for a test or test series for a patient, unless the licensed physician discloses 30
on the bill to the patient or third–party payor: 31
SENATE BILL 218 45
(i) The name of the laboratory; 1
(ii) The amount paid to the laboratory for the test or test series; and 2
(iii) The amount of procurement or processing charge of the licensed 3
physician, if any, for each specimen taken; 4
(17) Makes a willful misrepresentation in treatment; 5
(18) Practices medicine with an unauthorized person or aids an 6
unauthorized person in the practice of medicine; 7
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 8
OVERUTILIZATION OF health care services; 9
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 10
method, treatment, or medicine; 11
(21) Is disciplined by a licensing or disciplinary authority or convicted or 12
disciplined by a court of any state or country or disciplined by any branch of the United 13
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 14
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 15
section; 16
(22) Fails to meet appropriate standards as determined by appropriate peer 17
review for the delivery of quality medical and surgical care performed in an outpatient 18
surgical facility, office, hospital, or any other location in this State; 19
(23) Willfully submits false statements to collect fees for which services are 20
not provided; 21
(24) Was subject to investigation or disciplinary action by a licensing or 22
disciplinary authority or by a court of any state or country for an act that would be grounds 23
for disciplinary action under this section and the licensee: 24
(i) Surrendered the license issued by the state or country to the 25
state or country; or 26
(ii) Allowed the license issued by the state or country to expire or 27
lapse; 28
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 29
of the Family Law Article; 30
(26) Fails to educate a patient being treated for breast cancer of alternative 31
methods of treatment as required by § 20–113 of the Health – General Article; 32
46 SENATE BILL 218
(27) Sells, prescribes, gives away, or administers drugs for illegal or 1
illegitimate medical purposes; 2
(28) Fails to comply with the provisions of § 12–102 of this article; 3
(29) Refuses, withholds from, denies, or discriminates against an individual 4
with regard to the provision of professional services for which the licensee is licensed and 5
qualified to render because the individual is HIV positive; 6
(30) Except as to an association that has remained in continuous existence 7
since July 1, 1963: 8
(i) Associates with a pharmacist as a partner or co–owner of a 9
pharmacy for the purpose of operating a pharmacy; 10
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 11
or 12
(iii) Contracts with a pharmacist for the purpose of operating a 13
pharmacy; 14
(31) Except in an emergency life–threatening situation where it is not 15
feasible or practicable, fails to comply with the Centers for Disease Control and 16
Prevention’s guidelines on universal precautions; 17
(32) Fails to display the notice required under [§ 14–415] § 14–520 of this 18
subtitle; 19
(33) Fails to cooperate with a lawful investigation conducted by the Board 20
or a disciplinary panel; 21
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 22
Article; 23
(35) Is in breach of a service obligation resulting from the applicant’s or 24
licensee’s receipt of State or federal funding for the licensee’s medical education; 25
(36) Willfully makes a false representation when seeking or making 26
application for licensure or any other application related to the practice of medicine; 27
(37) By corrupt means, threats, or force, intimidates or influences, or 28
attempts to intimidate or influence, for the purpose of causing any person to withhold or 29
change testimony in hearings or proceedings before the Board or a disciplinary panel or 30
those otherwise delegated to the Office of Administrative Hearings; 31
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 32
delays any person from making information available to the Board or a disciplinary panel 33 SENATE BILL 218 47
in furtherance of any investigation of the Board or a disciplinary panel; 1
(39) Intentionally misrepresents credentials for the purpose of testifying or 2
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 3
panel or those otherwise delegated to the Office of Administrative Hearings; 4
(40) Fails to keep adequate medical records as determined by appropriate 5
peer review; 6
(41) Performs a cosmetic surgical procedure in an office or a facility that is 7
not: 8
(i) Accredited by: 9
1. The American Association for Accreditation of Ambulatory 10
Surgical Facilities; 11
2. The Accreditation Association for Ambulatory Health 12
Care; or 13
3. The Joint Commission on the Accreditation of Healthcare 14
Organizations; or 15
(ii) Certified to participate in the Medicare program, as enacted by 16
Title XVIII of the Social Security Act; 17
(42) Fails to complete a criminal history records check under [§ 14–308.1] § 18
14–302 of this title; 19
(43) Except for the licensure process described under Subtitle 3A of this 20
title, violates any provision of this title, any rule or regulation adopted by the Board, or any 21
State or federal law pertaining to the practice of medicine; 22
(44) Fails to meet the qualifications for licensure under THIS SUBTITLE 23
AND Subtitle 3 of this title; 24
(45) Fails to comply with § 1–223 of this article; or 25
(46) Fails to comply with the requirements of the Prescription Drug 26
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article. 27
14–517. 28
THE PUBLIC INDIVIDUAL PROFILE FOR A LICENS ED PHYSICIAN CREATED AN D 29
MAINTAINED UNDER § 14–411.1 OF THIS TITLE SHALL INCLUDE, AS REPORTED TO 30
THE BOARD BY THE LICENSEE , EDUCATION AND PRACTI CE INFORMATION ABOUT 31 48 SENATE BILL 218
THE LICENSEE, INCLUDING: 1
(1) THE NAME OF ANY MEDIC AL SCHOOL THAT THE L ICENSEE 2
ATTENDED AN D THE DATE ON WHICH THE LICENSEE GRADUAT ED FROM THE 3
SCHOOL; 4
(2) A DESCRIPTION OF ANY I NTERNSHIP AND RESIDE NCY TRAINING; 5
(3) A DESCRIPTION OF ANY S PECIALTY BOARD CERTI FICATION BY A 6
RECOGNIZED BOARD OF THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR THE 7
AMERICAN OSTEOPATHIC ASSOCIATION; 8
(4) THE NAME OF ANY HOSPI TAL WHERE THE LICENS EE HAS MEDICAL 9
PRIVILEGES; 10
(5) THE LOCATION OF THE L ICENSEE’S PRIMARY PRACTICE S ETTING; 11
(6) WHETHER THE LICENSEE PARTICIPATES IN THE MARYLAND 12
MEDICAL ASSISTANCE PROGRAM; 13
(7) WHETHER THE LICENSEE MAINTAINS MEDICAL PROFESSIONAL 14
LIABILITY INSURANCE ; AND 15
(8) THE NUMBER OF MEDICAL MALPRACTICE FINAL CO URT 16
JUDGMENTS AND ARBITR ATION AWARDS AGAINST THE LICENSEE WITHIN THE MOST 17
RECENT 10–YEAR PERIOD. 18
14–518. 19
(a) (1) Each hospital and related institution shall submit to the Board a report 20
within 10 days after: 21
(i) The hospital or related institution denied the application of a 22
physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff 23
privileges of a physician, or the physician resigned whether or not under formal accusation, 24
if the denial, limitation, reduction, change, termination, or resignation is for reasons that 25
might be grounds for disciplinary action under [§ 14–404] § 14–516 of this subtitle; 26
(ii) The hospital or related institution took any disciplinary action 27
against a salaried, licensed physician without staff privileges, including termination of 28
employment, suspension, or probation, for reasons that might be grounds for disciplinary 29
action under [§ 14–404] § 14–516 of this subtitle; 30
(iii) A licensed physician voluntarily resigned from the staff, employ, 31
or training program of the hospital or related institution for reasons that might be grounds 32 SENATE BILL 218 49
for disciplinary action under [§ 14–404] § 14–516 of this subtitle; or 1
(iv) The hospital or related institution placed any other restrictions 2
or conditions on any of the licensed physicians as listed in items (i) through (iii) of this 3
paragraph for any reasons that might be grounds for disciplinary action under [§ 14–404] 4
§ 14–516 of this subtitle. 5
14–519. 6
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 7
submit to the Board a report within 10 days after: 8
(i) The alternative health system denied the formal application of a 9
physician to contract with the alternative health system or limited, reduced, otherwise 10
changed, or terminated the contract of a physician, or the physician resigned whether or 11
not under formal accusation, if the denial, limitation, reduction, change, termination, or 12
resignation is for reasons that might be grounds for disciplinary action under [§ 14–404] § 13
14–516 of this subtitle; or 14
(ii) The alternative health system placed any other restrictions or 15
conditions on any licensed physician for any reasons that might be grounds for disciplinary 16
action under [§ 14–404] § 14–516 of this subtitle. 17
14–522. 18
(C) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 19
GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO A FINE NO T 20
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 21
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 22
SECTION INTO THE BOARD OF PHYSICIANS FUND. 23
14–525. 24
(B) (1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SE CTION IS 25
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT 26
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 27
(2) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 28
SECTION INTO THE BOARD OF PHYSICIANS FUND. 29
[(b)] (C) (1) The Board shall investigate any alleged violation of this section 30
or [§ 14–507] § 14–524 of this [title] SUBTITLE and may enforce any provision of this title 31
by injunction or other appropriate proceedings. 32
50 SENATE BILL 218
[(c)] (2) An action under this [section] SUBSECTION is in addition to and not 1
instead of criminal prosecution under [§ 14–606 of this subtitle] SUBSECTION (B) OF THIS 2
SECTION. 3
14–526. 4
(D) (1) A PERSON WHO VIOLATES ANY PROVISION OF THI S SECTION IS 5
GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT 6
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH . 7
(2) A PERSON WHO IS REQUIR ED TO GIVE NOTICE UN DER THIS 8
SECTION, AND WHO FAILS TO GIV E THE REQUIRED NOTIC E, IS LIABLE TO CIVIL 9
PENALTY OF NOT MORE THAN $100. 10
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 11
SECTION INTO THE BOARD OF PHYSICIANS FUND. 12
14–528. 13
(A) Except as otherwise provided in this title: 14
(1) A person may not practice, attempt to practice, or offer to practice 15
medicine in the State unless licensed by the Board; and 16
(2) A licensee on inactive status under [§ 14–320] § 14–511 of this subtitle 17
or emeritus status under [§ 14–320.1] § 14–512 of this subtitle may not: 18
(i) Practice, attempt to practice, or offer to practice medicine in the 19
State; or 20
(ii) Delegate medical acts. 21
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 22
PERSON WHO VIOLATES THIS SECTION IS: 23
(I) GUILTY OF A FELONY AN D ON CONVICTION IS SUBJECT TO A 24
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 25
BOTH; AND 26
(II) SUBJECT TO A CIVIL FI NE OF NOT MORE THAN $50,000 TO 27
BE LEVIED BY A DISCI PLINARY PANEL . 28
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 29
NOT APPLY TO A FORME R LICENSEE WHO HAS FAILED TO RE NEW A LICENSE UNDER 30
§ 14–306 OF THIS TITLE IF: 31 SENATE BILL 218 51
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 1
OF THE LICENSE; AND 2
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 3
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FEE. 4
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 5
SECTION INTO THE BOARD OF PHYSICIANS FUND. 6
14–529. 7
(a) Unless authorized to practice medicine under this title, a person may not 8
represent to the public, by description of services, methods, or procedures, or otherwise, 9
that the person is authorized to practice medicine in this State. 10
(b) Except as otherwise provided in this [article] TITLE, a person may not use the 11
words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent 12
that the person practices medicine, unless the person is: 13
(1) Licensed to practice medicine under this title; 14
(2) A physician licensed by and residing in another jurisdiction, while 15
engaging in consultation with a physician licensed in this State; 16
(3) A physician employed by the federal government while performing 17
duties incident to that employment; 18
(4) A physician who resides in and is licensed to practice medicine by any 19
state adjoining this State and whose practice extends into this State; 20
(5) An individual in a postgraduate medical program that is accredited by 21
an accrediting organization recognized by the Board in regulations while the individual is 22
practicing medicine in the program; or 23
(6) A licensee who is on emeritus status under [§ 14–320.1] § 14–512 of 24
this [title] SUBTITLE, [provided that] IF the licensee does not represent to the public that 25
the licensee is authorized to practice medicine in the State. 26
(c) An unlicensed individual who acts under [§ 14–302 or § 14–306] § 14–502 OR 27
§ 14–503 of this [title] SUBTITLE may use the word “physician” together with another 28
word to describe the occupation of the individual as in phrases such as “physician’s 29
assistant” or “physician’s aide”. 30
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 31
PERSON WHO VIOLATES THIS SECTION IS: 32 52 SENATE BILL 218
(I) GUILTY OF A FELONY AN D ON CONVICTION IS SUBJECT TO A 1
FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 2
BOTH; AND 3
(II) SUBJECT TO A CIVIL FINE OF NOT MORE THAN $50,000 TO 4
BE LEVIED BY A DISCI PLINARY PANEL . 5
(2) THE PROVISIONS OF PAR AGRAPH (1) OF THIS SUBSECTION D O 6
NOT APPLY TO A FORME R LICENSEE WHO HAS F AILED TO RENEW A LIC ENSE UNDER 7
§ 14–306 OF THIS TITLE IF: 8
(I) LESS THAN 60 DAYS HAVE ELAPSED SI NCE THE EXPIRATION 9
OF THE LICENSE; AND 10
(II) THE FORMER LICENSEE H AS APPLIED FOR LICEN SE 11
REINSTATEMENT , INCLUDING PAYMENT OF THE REINSTATEMENT FE E. 12
(3) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 13
SECTION INTO THE BOARD OF PHYSICIANS FUND. 14
14–5A–01. 15
(a) In this subtitle the following words have the meanings indicated. 16
(c) “Committee” means the Respiratory Care [Professional Standards] 17
ADVISORY Committee established under § 14–5A–05 of this subtitle. 18
14–5A–05. 19
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 20
the Board. 21
14–5A–06. 22
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 23
14–5A–08. 24
(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 25
licensed by the Board before the individual may practice respiratory care in this State. 26
(b) This section does not apply to: 27
[(1) An individual employed by the federal government as a respiratory care 28 SENATE BILL 218 53
practitioner while the individual is practicing within the scope of that employment; 1
(2)] (1) A respiratory care practitioner student enrolled in an education 2
program which is accredited by an approved accrediting organization while practicing 3
respiratory care in the program; or 4
[(3)] (2) An individual practicing respiratory care who is licensed by and 5
residing in another jurisdiction if: 6
(i) The individual is participating in the transportation of a patient 7
from that individual’s jurisdiction of licensure into the State; 8
(ii) The individual practices respiratory care only during the 9
transportation of the patient; 10
(iii) The individual does not practice respiratory care on another 11
individual who is not the patient being transported into the State; and 12
(iv) The individual does not practice respiratory care in the State for 13
more than a total of 14 days within a calendar year. 14
14–5A–09. 15
[(a) To qualify for a license, an applicant shall be an individual who meets the 16
requirements of this section. 17
(b) The applicant shall be of good moral character. 18
(c) The applicant shall be at least 18 years old. 19
(d) The applicant] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 20
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN APPLICANT shall[: 21
(1) Meet] MEET any educational, training, or examination requirements 22
established by the Board including: 23
[(i)] (1) Graduation from an appropriate educational program as 24
determined by the Board; and 25
[(ii)] (2) Certification by a national certifying board approved by 26
the Board[; and 27
(2) Demonstrate oral and written competency in English as required by the 28
Board]. 29
[(e) The applicant shall complete a criminal history records check in accordance 30 54 SENATE BILL 218
with § 14–308.1 of this title.] 1
14–5A–17. 2
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 3
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 4
license to any applicant,] reprimand any licensee, place any licensee on probation, or 5
suspend or revoke a license, if the [applicant or] licensee: 6
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 7
the applicant, licensee, or for another; 8
(2) Fraudulently or deceptively uses a license; respiratory care; 9
(3) Is guilty of unprofessional or immoral conduct in the practice of 10
respiratory care; 11
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 12
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 13
(5) Abandons a patient; 14
(6) Is habitually intoxicated; 15
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 16
substance as defined in § 5–101 of the Criminal Law Article; 17
(8) Provides professional services while: 18
(i) Under the influence of alcohol; or 19
(ii) Using any narcotic or controlled dangerous substance as defined 20
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 21
amounts or without valid medical indication; 22
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 23
patient so as to exploit the patient for financial gain; 24
(10) Willfully makes or files a false report or record in the practice of 25
respiratory care; 26
(11) Willfully fails to file or record any report as required under law, 27
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 28
to file or record a report; 29
(12) Breaches patient confidentiality; 30 SENATE BILL 218 55
(13) Pays or agrees to pay any sum or provide any form of remuneration or 1
material benefit to any person for bringing or referring a patient or accepts or agrees to 2
accept any sum or any form of remuneration or material benefit from an individual for 3
bringing or referring a patient; 4
(14) Knowingly makes a misrepresentation while practicing respiratory 5
care; 6
(15) Knowingly practices respiratory care with an unauthorized individual 7
or aids an unauthorized individual in the practice of respiratory care; 8
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 9
method, treatment, or medicine; 10
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 11
disciplined by a court of any state or country or is disciplined by any branch of the United 12
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 13
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 14
Board’s disciplinary statutes; 15
(18) Fails to meet appropriate standards for the delivery of respiratory care 16
performed in any inpatient or outpatient facility, office, hospital or related institution, 17
domiciliary care facility, patient’s home, or any other location in this State; 18
(19) Knowingly submits false statements to collect fees for which services 19
are not provided; 20
(20) (i) Has been subject to investigation or disciplinary action by a 21
licensing or disciplinary authority or by a court of any state or country for an act that would 22
be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
(ii) Has: 24
1. Surrendered the license issued by the state or country; or 25
2. Allowed the license issued by the state or country to expire 26
or lapse; 27
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
of the Family Law Article; 29
(22) Sells, prescribes, gives away, or administers drugs for illegal or 30
illegitimate medical purposes; 31
(23) Practices or attempts to practice beyond the authorized scope of 32
practice; 33 56 SENATE BILL 218
(24) Refuses, withholds from, denies, or discriminates against an individual 1
with regard to the provision of professional services for which the licensee is licensed and 2
qualified to render because the individual is HIV positive; 3
(25) Practices or attempts to practice a respiratory care procedure or uses or 4
attempts to use respiratory care equipment if the [applicant or] licensee has not received 5
education and training in the performance of the procedure or the use of the equipment; 6
(26) Fails to cooperate with a lawful investigation conducted by the Board 7
or a disciplinary panel; 8
(27) Fails to practice under the supervision of a physician or violates a 9
supervisory order of a supervising physician; or 10
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 11
14–302 of this title. 12
14–5A–20. 13
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 14
attempt to practice, or offer to practice respiratory care in this State unless licensed to 15
practice respiratory care by the Board. 16
14–5A–21. 17
(a) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 18
person may not represent to the public by title, by description of services, methods, or 19
procedures, or otherwise, that the person is authorized to practice respiratory care in this 20
State. 21
(b) Unless authorized to practice respiratory care under this [subtitle] TITLE, a 22
person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with 23
the intent to represent that the person practices respiratory care. 24
14–5A–22. 25
A person may not provide, attempt to provide, offer to provide, or represent that the 26
person provides respiratory care unless the respiratory care is provided by an individual 27
who is authorized to practice respiratory care under this [subtitle] TITLE. 28
14–5A–22.1. 29
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 30
may not employ or supervise an individual practicing respiratory care without a license. 31
SENATE BILL 218 57
14–5B–05. 1
(F) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS. 2
14–5B–07. 3
(a) (2) The failure of a licensed physician to properly supervise a licensee is 4
unprofessional conduct in the practice of medicine under [§ 14–404(a)(3)] § 14–516(A)(3) 5
of this title. 6
14–5B–08. 7
(a) (1) Except as otherwise provided in this [subtitle] TITLE, an individual 8
shall be licensed by the Board before the individual may practice radiation therapy, 9
radiography, nuclear medicine technology, or radiology assistance in this State. 10
(2) A radiologist assistant may not: 11
(i) Interpret images; 12
(ii) Make diagnoses; or 13
(iii) Prescribe medications or therapies. 14
(b) This section does not apply to[: 15
(1) An individual employed by the federal government as a radiation 16
therapist, radiographer, a nuclear medicine technologist, or radiologist assistant while the 17
individual is practicing within the scope of that employment; or 18
(2) A] A radiation therapy student, a radiography student, a nuclear 19
medicine technology student, or a radiology assistant student enrolled in an education 20
program which is accredited by an approved accrediting organization while practicing 21
radiation therapy, radiography, nuclear medicine technology, or radiology assistance in 22
that program. 23
14–5B–09. 24
(a) [To qualify for a license, an applicant shall be an individual who meets the 25
requirements of this section. 26
(b)] Except as provided in subsection [(c)] (B) of this section, [the] TO QUALIFY 27
FOR A LICENSE , IN ADDITION TO THE R EQUIREMENTS UNDER § 14–301 OF THIS 28
TITLE, AN applicant shall[: 29
(1) Be of good moral character; 30 58 SENATE BILL 218
(2) Be at least 18 years old; 1
(3) Demonstrate oral and written competency in English as required by the 2
Board; 3
(4) Meet] MEET any educational, training, or examination requirements 4
established by the Board, including: 5
[(i)] (1) Graduation from an appropriate educational program as 6
determined by the Board; and 7
[(ii)] (2) Certification[; and 8
(5) Complete a criminal history records check in accordance with § 9
14–308.1 of this title]. 10
[(c)] (B) To qualify for a license to practice as a radiologist assistant, an 11
applicant shall: 12
(1) Be issued a general license to perform radiography; 13
(2) Complete an advanced academic program with a nationally recognized 14
radiology curriculum that results in a baccalaureate degree, post baccalaureate certificate, 15
or graduate degree and incorporates a radiologist–directed clinical preceptorship; 16
(3) Be certified in advanced cardiac life support; and 17
(4) Be certified as a radiologist assistant by the American Registry of 18
Radiologic Technologists. 19
[(d)] (C) Except for requirements adopted by the Board for license renewal under 20
[§ 14–5B–12 of this subtitle] § 14–306 OF THIS TITLE, nothing in this subtitle may be 21
construed to require an individual who is certified by the Board as a radiation 22
oncology/therapy technologist, medical radiation technologist, or nuclear medicine 23
technologist as of October 1, 2008, to meet additional education, training, or examination 24
requirements. 25
14–5B–11. 26
(a) Licensure as a radiation therapist authorizes an individual to practice 27
radiation therapy IN THE STATE while the license is effective. 28
(b) Licensure as a radiographer authorizes an individual to practice radiography 29
IN THE STATE while the license is effective. 30
SENATE BILL 218 59
(c) Licensure as a nuclear medicine technologist authorizes an individual to 1
practice nuclear medicine technology IN THE STATE while the license is effective. 2
(d) Licensure as a radiologist assistant authorizes an individual to practice 3
radiology assistance IN THE STATE while the license is effective. 4
14–5B–14. 5
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 6
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 7
license to any applicant,] reprimand any licensee, place any licensee on probation, or 8
suspend or revoke a license, if the [applicant or] licensee: 9
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 10
the applicant, licensed individual, or for another; 11
(2) Fraudulently or deceptively uses a license; 12
(3) Is guilty of unprofessional or immoral conduct in the practice of 13
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 14
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 15
CARRY OUT IMPORTANT PROFESSIONAL ACTIVITIES ; 16
(5) Abandons a patient; 17
(6) Is habitually intoxicated; 18
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 19
substance as defined in § 5–101 of the Criminal Law Article; 20
(8) Provides professional services while: 21
(i) Under the influence of alcohol; or 22
(ii) Using any narcotic or controlled dangerous substance as defined 23
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 24
amounts or without valid medical indication; 25
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 26
patient so as to exploit the patient for financial gain; 27
(10) Willfully makes or files a false report or record in the practice of 28
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 29
(11) Willfully fails to file or record any report as required under law, 30 60 SENATE BILL 218
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 1
to file or record a report; 2
(12) Breaches patient confidentiality; 3
(13) Pays or agrees to pay any sum or provide any form of remuneration or 4
material benefit to any person for bringing or referring a patient or accepts or agrees to 5
accept any sum or any form of remuneration or material benefit from an individual for 6
bringing or referring a patient; 7
(14) Knowingly makes a misrepresentation while practicing radiation 8
therapy, radiography, nuclear medicine technology, or radiology assistance; 9
(15) Knowingly practices radiation therapy, radiography, nuclear medicine 10
technology, or radiology assistance with an unauthorized individual or aids an 11
unauthorized individual in the practice of radiation therapy, radiography, nuclear medicine 12
technology, or radiology assistance; 13
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 14
method, treatment, or medicine; 15
(17) Is disciplined by a licensing or disciplinary authority or is convicted or 16
disciplined by a court of any state or country or is disciplined by any branch of the United 17
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 18
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under the 19
Board’s disciplinary statutes; 20
(18) Fails to meet appropriate standards for the delivery of quality radiation 21
therapy, radiography, nuclear medicine technology, or radiology assistance care performed 22
in any outpatient surgical facility, office, hospital or related institution, or any other 23
location in this State; 24
(19) Knowingly submits false statements to collect fees for which services 25
are not provided; 26
(20) (i) Has been subject to investigation or disciplinary action by a 27
licensing or disciplinary authority or by a court of any state or country for an act that would 28
be grounds for disciplinary action under the Board’s disciplinary statutes; and 29
(ii) Has: 30
1. Surrendered the license issued by the state or country; or 31
2. Allowed the license issued by the state or country to expire 32
or lapse; 33
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 34 SENATE BILL 218 61
of the Family Law Article; 1
(22) Sells, prescribes, gives away, or administers drugs for illegal or 2
illegitimate medical purposes; 3
(23) Practices or attempts to practice beyond the authorized scope of 4
practice; 5
(24) Refuses, withholds from, denies, or discriminates against an individual 6
with regard to the provision of professional services for which the licensee is licensed and 7
qualified to render because the individual is HIV positive; 8
(25) Practices or attempts to practice a radiation therapy, radiography, 9
nuclear medicine technology, or radiology assistance procedure or uses radiation therapy, 10
radiography, nuclear medicine technology, or radiology assistance equipment if the 11
[applicant or] licensee has not received education, internship, training, or experience in the 12
performance of the procedure or the use of the equipment; 13
(26) Fails to cooperate with a lawful investigation conducted by the Board 14
or a disciplinary panel; 15
(27) Fails to practice under the supervision of a physician or violates a 16
supervisory order of a supervising physician; or 17
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 18
14–302 of this title. 19
14–5B–17. 20
(a) Except as otherwise provided in this [subtitle] TITLE, a person may not 21
practice, attempt to practice, or offer to practice radiation therapy in this State unless 22
licensed to practice radiation therapy by the Board. 23
(b) Except as otherwise provided in this [subtitle] TITLE, a person may not 24
practice, attempt to practice, or offer to practice nuclear medicine technology in this State 25
unless licensed to practice nuclear medicine technology by the Board. 26
(c) Except as otherwise provided in this [subtitle] TITLE, a person may not 27
practice, attempt to practice, or offer to practice radiography in this State unless licensed 28
to practice radiography by the Board. 29
(d) Except as otherwise provided in this [subtitle] TITLE, a person may not 30
practice, attempt to practice, or offer to practice radiology assistance in this State unless 31
licensed to practice radiology assistance by the Board. 32
14–5B–18. 33 62 SENATE BILL 218
(b) A person may not provide, attempt to provide, offer to provide, or represent 1
that the person provides radiation therapy, radiography, nuclear medicine technology, or 2
radiology assistance care unless the radiation therapy, radiography, nuclear medicine 3
technology, or radiology assistance care is provided by an individual who is authorized to 4
practice radiation therapy, radiography, nuclear medicine technology, or radiology 5
assistance under this [subtitle] TITLE. 6
14–5B–18.1. 7
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 8
may not employ or supervise an individual practicing radiation therapy, radiography, 9
nuclear medicine technology, or radiology assistance without a license or temporary license. 10
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
institution, alternative health system, or employer may not employ an individual practicing 12
radiation therapy, radiography, nuclear medicine technology, or radiology assistance 13
without a license or temporary license. 14
14–5C–01. 15
(a) In this subtitle the following words have the meanings indicated. 16
(c) “Committee” means the Polysomnography [Professional Standards] 17
ADVISORY Committee established under § 14–5C–05 of this subtitle. 18
14–5C–05. 19
There is a Polysomnography [Professional Standards] ADVISORY Committee within 20
the Board. 21
14–5C–06. 22
(E) A QUORUM OF THE COMMITTEE CONSIST S OF FOUR MEMBERS . 23
14–5C–08. 24
(b) This section does not apply to a student enrolled in an education program 25
under [§ 14–5C–09(c)(3)] § 14–5C–09(3) of this subtitle while practicing polysomnography 26
in that program. 27
14–5C–09. 28
[(a) To qualify for a license, an applicant shall be an individual who meets the 29
requirements of this section. 30
SENATE BILL 218 63
(b) The applicant shall: 1
(1) Be of good moral character; 2
(2) Be at least 18 years old; and 3
(3) Complete a criminal history records check in accordance with § 4
14–308.1 of this title. 5
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 6
SET FORTH IN § 14–301 OF THIS TITLE, AN applicant for a polysomnographic technologist 7
license shall: 8
(1) Have passed the national certifying examination given by the Board of 9
Registered Polysomnographic Technologists or another examination approved by the 10
Board; 11
(2) Submit to the Board proof of certification as a registered 12
polysomnographic technologist or other national certification approved by the Board; 13
(3) (i) 1. Have graduated from a polysomnographic educational 14
program that is accredited by the Commission on Accreditation of Allied Health Education 15
Programs; or 16
2. A. Have graduated from a s leep technologist 17
educational program that is accredited by the American Academy of Sleep Medicine; and 18
B. Have completed a clinical component of an educational 19
program as established by the Committee and approved by the Board; 20
(ii) 1. Have graduated from a respiratory care educational 21
program that is accredited by the Commission on Accreditation of Allied Health Education 22
Programs; and 23
2. Have completed the Committee on Accreditation for 24
Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the 25
Commission on Accreditation of Allied Health Education Programs; or 26
(iii) 1. Have graduated from an electroneuro–diagnostic 27
educational program that is accredited by the Commission on Accreditation of Allied Health 28
Education Programs; and 29
2. Have completed additional units, modules, and courses of 30
instruction focused on polysomnographic technology that are accredited by the Commission 31
on Accreditation of Allied Health Education Programs; and 32
(4) Meet any other educational or clinical requirements established by the 33 64 SENATE BILL 218
Committee and approved by the Board. 1
14–5C–10. 2
[(a)] The Board shall waive the education requirement under [§ 14–5C–09(c)(3)] § 3
14–5C–09(3) of this subtitle if on or before September 30, 2013, an individual: 4
(1) Has passed the national certifying examination by the Board of 5
Registered Polysomnographic Technologists or another examination approved by the 6
Board; 7
(2) Is certified by the Board of Registered Polysomnographic Technologists 8
as a registered polysomnographic technologist; 9
(3) Has submitted an application for licensure to the Board; and 10
(4) Meets all of the requirements under [§ 14–5C–09(b) and (c)(1) and (2)] 11
§ 14–301(B), (C), AND (D) OF THIS TITLE AND § 14–5C–09(1) AND (2) of this subtitle. 12
[(b) (1) If an individual has not satisfied the requirements under subsection (a) 13
of this section on or before September 30, 2013, the individual may petition the Board for 14
an extension. 15
(2) The Board shall determine whether to grant an extension under this 16
subsection on a case–by–case basis.] 17
14–5C–17. 18
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 19
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 20
license to any applicant,] reprimand any licensee, place any licensee on probation, or 21
suspend or revoke a license, if the [applicant or] licensee: 22
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 23
the applicant, licensee, or for another; 24
(2) Fraudulently or deceptively uses a license; 25
(3) Is guilty of unprofessional or immoral conduct in the practice of 26
polysomnography; 27
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 28
CARRY OUT IMPORTANT PROFESSIONAL ACTIVITIES; 29
(5) Abandons a patient; 30 SENATE BILL 218 65
(6) Is habitually intoxicated; 1
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 2
substance as defined in § 5–101 of the Criminal Law Article; 3
(8) Provides professional services while: 4
(i) Under the influence of alcohol; or 5
(ii) Using any narcotic or controlled dangerous substance as defined 6
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 7
amounts or without valid medical indication; 8
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 9
patient so as to exploit the patient for financial gain; 10
(10) Willfully makes or files a false report or record in the practice of 11
polysomnography; 12
(11) Willfully fails to file or record any report as required under law, 13
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 14
to file or record a report; 15
(12) Breaches patient confidentiality; 16
(13) Pays or agrees to pay any sum or provide any form of remuneration or 17
material benefit to any person for bringing or referring a patient or accepts or agrees to 18
accept any sum or any form of remuneration or material benefit from an individual for 19
bringing or referring a patient; 20
(14) Knowingly makes a misrepresentation while practicing 21
polysomnography; 22
(15) Knowingly practices polysomnography with an unauthorized individual 23
or aids an unauthorized individual in the practice of polysomnography; 24
(16) Knowingly delegates a polysomnographic duty to an unlicensed 25
individual; 26
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 27
method, treatment, or medicine; 28
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 29
disciplined by a court of any state or country or is disciplined by any branch of the United 30
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 31
be grounds for disciplinary action under the Board’s disciplinary statutes; 32 66 SENATE BILL 218
(19) Fails to meet appropriate standards for the delivery of 1
polysomnographic services performed in a hospital sleep laboratory or a stand–alone sleep 2
center; 3
(20) Knowingly submits false statements to collect fees for which services 4
are not provided; 5
(21) (i) Has been subject to investigation or disciplinary action by a 6
licensing or disciplinary authority or by a court of any state or country for an act that would 7
be grounds for disciplinary action under the Board’s disciplinary statutes; and 8
(ii) Has: 9
1. Surrendered the license, if any, issued by the state or 10
country; or 11
2. Allowed the license, if any, issued by the state or country 12
to expire or lapse; 13
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 14
of the Family Law Article; 15
(23) Sells, prescribes, gives away, or administers drugs for illegal or 16
illegitimate medical purposes; 17
(24) Practices or attempts to practice beyond the authorized scope of 18
practice; 19
(25) Refuses, withholds from, denies, or discriminates against an individual 20
with regard to the provision of professional services for which the licensee is licensed and 21
qualified to render because the individual is HIV positive; 22
(26) Practices or attempts to practice a polysomnography procedure or uses 23
or attempts to use polysomnography equipment if the [applicant or] licensee has not 24
received education and training in the performance of the procedure or the use of the 25
equipment; 26
(27) Fails to cooperate with a lawful investigation conducted by the Board; 27
or 28
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 29
14–302 of this title. 30
14–5C–20. 31
SENATE BILL 218 67
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 1
attempt to practice, or offer to practice polysomnography in this State unless licensed to 2
practice polysomnography by the Board. 3
14–5C–22. 4
A person may not provide, attempt to provide, offer to provide, or represent that the 5
person provides polysomnography unless the polysomnography is provided by an individual 6
who is authorized to practice polysomnography under this [subtitle] TITLE. 7
14–5C–22.1. 8
(a) Except as otherwise provided in this [subtitle] TITLE a licensed physician 9
may not employ or supervise an individual practicing polysomnography without a license. 10
14–5D–05. 11
(F) A QUORUM OF THE COMMITTEE CONSISTS OF SIX MEMBERS. 12
14–5D–07. 13
(a) Except as otherwise provided in this [subtitle] TITLE, an individual shall be 14
licensed by the Board before the individual may practice athletic training in the State. 15
(b) This section does not apply to: 16
[(1) An individual employed by the federal government as an athletic 17
trainer while the individual is practicing within the scope of that employment; 18
(2)] (1) An individual employed by or under contract with an entity 19
located in another state who represents that entity: 20
(i) At an athletic event in the State; 21
(ii) For a period of time not to exceed 45 days within a calendar year; 22
and 23
(iii) By providing athletic training services to individuals 24
representing the entity at the event; or 25
[(3)] (2) A student enrolled in an education program that meets the 26
criteria of [§ 14–5D–08(c)(2)] § 14–5D–08(A)(2) of this subtitle while engaged in an 27
unpaid, clinical educational experience of athletic training. 28
14–5D–08. 29 68 SENATE BILL 218
[(a) To qualify for a license, an applicant shall be an individual who meets the 1
requirements of this section. 2
(b) The applicant shall: 3
(1) Be of good moral character; 4
(2) Be at least 18 years old; and 5
(3) Complete a criminal history records check in accordance with § 6
14–308.1 of this title.] 7
[(c)] (A) [The] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE 8
REQUIREMENTS UNDER § 14–301 OF THIS TITLE, AN applicant shall: 9
(1) Have a current certification by a national certifying board approved by 10
the Board; AND 11
(2) Have received a bachelor’s or master’s degree from an athletic training 12
educational program that is accredited by the Commission on Accreditation of Athletic 13
Training Education or its successor[; 14
(3) Demonstrate oral and written competency in English as required by the 15
Board; and 16
(4) Meet any other requirements established by the Board]. 17
[(d)] (B) The Board shall waive the education requirements under this section if 18
an individual was certified by the National Athletic Trainers’ Association Board of 19
Certification, Inc., on or before October 1, 2012, and is currently in good standing. 20
14–5D–10. 21
(a) An athletic trainer license authorizes the licensee to practice athletic training 22
services IN THE STATE while the license is effective. 23
14–5D–11.1. 24
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 25
may not employ or supervise an individual practicing athletic training without a license or 26
without an approved evaluation and treatment protocol. 27
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, an 28
institution, an alternative health system, or any other employer may not employ an 29 SENATE BILL 218 69
individual practicing athletic training without a license or without an approved evaluation 1
and treatment protocol. 2
14–5D–14. 3
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 5
license to any applicant,] reprimand any licensee, place any licensee on probation, or 6
suspend or revoke a license, if the [applicant or] licensee: 7
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
the [applicant,] licensee[,] or for another; 9
(2) Fraudulently or deceptively uses a license; 10
(3) Is guilty of unprofessional or immoral conduct in the practice of athletic 11
training; 12
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 13
CARRY OUT IMPORTANT PROFESSION AL ACTIVITIES; 14
(5) Abandons a patient; 15
(6) Habitually is intoxicated; 16
(7) Is addicted to, or habitually abuses, any narcotic or controlled 17
dangerous substances as defined in § 5–101 of the Criminal Law Article; 18
(8) Provides professional services while: 19
(i) Under the influence of alcohol; or 20
(ii) Using any narcotic or controlled dangerous substance as defined 21
in § 5–101 of the Criminal Law Article, or any other drug that is in excess of therapeutic 22
amounts or without valid medical indication; 23
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 24
patient so as to exploit the patient for financial gain; 25
(10) Willfully makes or files a false report or record in the practice of athletic 26
training; 27
(11) Willfully fails to file or record any report as required under law, 28
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 29
to file or record the report; 30
70 SENATE BILL 218
(12) Breaches patient confidentiality; 1
(13) Pays or agrees to pay any sum or provide any form of remuneration or 2
material benefit to any individual for bringing or referring a patient or accepts or agrees to 3
accept any sum or any form of remuneration or material benefit from an individual for 4
bringing or referring a patient; 5
(14) Knowingly makes a misrepresentation while practicing athletic 6
training; 7
(15) Knowingly practices athletic training with an unauthorized individual 8
or aids an unauthorized individual in the practice of athletic trainer services; 9
(16) Offers, undertakes, or agrees to cure or treat disease by a secret 10
method, treatment, or medicine; 11
(17) Is disciplined by a licensing, certifying, or disciplinary authority or is 12
convicted or disciplined by a court of any state or country or is disciplined by any branch of 13
the United States uniformed services or the [Veterans Administration] U.S. 14
DEPARTMENT OF VETERANS AFFAIRS for an act that would be grounds for disciplinary 15
action under this section; 16
(18) Fails to meet appropriate standards for the delivery of athletic training 17
services; 18
(19) Knowingly submits false statements to collect fees for which services 19
have not been provided; 20
(20) (i) Has been subject to investigation or disciplinary action by a 21
licensing or disciplinary authority or by a court of any state or country for an act that would 22
be grounds for disciplinary action under the Board’s disciplinary statutes; and 23
(ii) Has: 24
1. Surrendered the license issued by the state or country; or 25
2. Allowed the license issued by the state or country to expire 26
or lapse; 27
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 28
of the Family Law Article; 29
(22) Sells, prescribes, gives away, or administers drugs for illegal or 30
illegitimate medical purposes; 31
(23) Practices or attempts to practice beyond the authorized scope of 32
practice; 33 SENATE BILL 218 71
(24) Refuses, withholds from, denies, or discriminates against an individual 1
with regard to the provision of professional services for which the licensee is licensed and 2
qualified to render because the individual is HIV positive; 3
(25) Practices or attempts to practice an athletic training procedure or uses 4
or attempts to use athletic training equipment if the applicant or licensee has not received 5
education and training in the performance of the procedure or the use of the equipment; 6
(26) Fails to cooperate with a lawful investigation conducted by the Board 7
or a disciplinary panel; 8
(27) Fails to practice under the supervision of a physician or violates the 9
approved evaluation and treatment protocol; 10
(28) Violates an order of the Board or a disciplinary panel, including any 11
condition of probation; 12
(29) Fails to complete a criminal history records check under [§ 14–308.1] § 13
14–302 of this title; or 14
(30) Performs dry needling without the approval of the Board issued under 15
§ 14–5D–11.4 of this subtitle. 16
14–5D–17. 17
Unless authorized to practice athletic training under this [subtitle] TITLE, a person 18
may not: 19
(1) Practice athletic training in this State; 20
(2) Attempt to practice or offer to practice athletic training in this State; 21
(3) Represent to the public by title, by description of services, methods, or 22
procedures, or otherwise, that the person is authorized to practice athletic training in this 23
State; or 24
(4) Use the abbreviation “A.T.”, “A.T.L.”, “L.A.T.”, or any other words, 25
letters, or symbols with the intent to represent that the person practices athletic training. 26
14–5E–01. 27
(a) In this subtitle the following words have the meanings indicated. 28
(g) “Student” means an individual who, in accordance with [§ 14–5E–09(c)] § 29
14–5E–09 of this subtitle, is: 30 72 SENATE BILL 218
(1) Enrolled in an accredited educational program to qualify for a license 1
under this subtitle; and 2
(2) Performing perfusion services within the accredited program under the 3
supervision of a licensed perfusionist and without compensation. 4
14–5E–06. 5
(E) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 6
14–5E–08. 7
(a) Except as otherwise provided in this [subtitle] TITLE, on or after October 1, 8
2013, an individual shall be licensed by the Board before the individual may practice 9
perfusion in this State. 10
(b) This section does not apply to a student enrolled in an education program 11
under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle while practicing perfusion in that 12
program. 13
14–5E–09. 14
[(a) To qualify for a license, an applicant shall be an individual who meets the 15
requirements of this section. 16
(b) The applicant shall: 17
(1) Be of good moral character; 18
(2) Be at least 18 years old; and 19
(3) Complete a criminal history records check in accordance with § 20
14–308.1 of this title. 21
(c) An] TO QUALIFY FOR A LICE NSE, IN ADDITION TO THE R EQUIREMENTS 22
UNDER § 14–301 OF THIS TITLE, AN applicant for a license to practice perfusion shall: 23
(1) (i) Submit to the Board satisfactory evidence of certification as a 24
certified perfusionist or other national certification approved by the Board; and 25
(ii) Meet any other educational or clinical requirements established 26
by the Committee and approved by the Board; or 27
(2) (i) Submit to the Board satisfactory evidence of graduation from a 28
perfusion educational program that is accredited by the Commission on Accreditation of 29 SENATE BILL 218 73
Allied Health Education Programs, or the Commission’s predecessor or successor; and 1
(ii) Meet any other educational or clinical requirements established 2
by the Committee and approved by the Board. 3
14–5E–10. 4
(a) Except as provided in subsection (b) of this section, an applicant who 5
otherwise qualifies for a license under [§ 14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle 6
is entitled to be licensed for a single 2–year term before taking the national certifying 7
examination given by the American Board of Cardiovascular Perfusion or its successor 8
organization or another examination given or approved by the Board. 9
14–5E–13. 10
[(a) (1) A license expires on a date set by the Board, unless the license is 11
renewed for an additional term as provided in this section. 12
(2) The term of a license issued by the Board may not exceed 3 years. 13
(b) At least 1 month before a license expires, the Board shall send to the licensed 14
perfusionist a renewal notice that states: 15
(1) The date on which the current license expires; 16
(2) The date by which the renewal application must be received by the 17
Board for the renewal to be issued and sent before the license expires; 18
(3) The amount of the renewal fee; and] 19
[(4)] (A) For licensees who qualified for an initial license under [§ 20
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle, THE NOTIFICATION SEN T TO THE 21
LICENSEES UNDER § 14–306(B) OF THIS TITLE SHALL INCLUDE A STATEMENT that 22
the licensee must submit satisfactory evidence of a passing score on the examination as 23
required under subsection [(c)(2)] (B) of this section. 24
[(c) (1) Except as otherwise provided in this subtitle, before a license expires, 25
the licensed perfusionist periodically may renew it for an additional term, if the licensee: 26
(i) Otherwise is entitled to be licensed; 27
(ii) Is of good moral character; 28
(iii) Pays to the Board a renewal fee set by the Board; and 29
(iv) Except as provided in paragraph (2) of this subsection, submits 30 74 SENATE BILL 218
to the Board: 1
1. A renewal application on the form that the Board requires; 2
and 3
2. Satisfactory evidence of compliance with any continuing 4
education or competency requirements and other requirements set under this section for 5
license renewal.] 6
[(2)] (B) A licensee who qualified for an initial license under [§ 7
14–5E–09(c)(2)] § 14–5E–09(2) of this subtitle shall submit to the Board satisfactory 8
evidence of a passing score on the national certifying examination given by the American 9
Board of Cardiovascular Perfusion or its successor organization or another examination 10
given or approved by the Board. 11
[(d) In addition to any other qualifications and requirements established by the 12
Board, the Board shall establish continuing education or competency requirements as a 13
condition of the renewal of a license under this section.] 14
[(e)] (C) (1) The Board shall renew the license of each licensee who meets the 15
requirements of this section AND § 14–306 OF THIS TITLE. 16
(2) The Board may not renew the license of a licensee who fails to submit 17
satisfactory evidence of a passing score on the examination as required under subsection 18
[(c)(2)] (B) of this section. 19
[(f) The Board shall reinstate the license of an individual who has failed to renew 20
the license for any reason if the individual: 21
(1) Applies for reinstatement after the date the license expires; 22
(2) Meets the renewal requirements of this section; and 23
(3) Pays to the Board the reinstatement fee set by the Board. 24
(g) (1) Beginning October 1, 2016, the Board shall require a criminal history 25
records check in accordance with § 14–308.1 of this title for: 26
(i) Renewal applicants as determined by regulations adopted by the 27
Board; and 28
(ii) Each former licensee who files for reinstatement under 29
subsection (f) of this section. 30
(2) On receipt of the criminal history record information of a licensee 31
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 32 SENATE BILL 218 75
disciplinary action should be taken, based on the criminal history record information, 1
against a licensee who renewed or reinstated a license, the Board shall consider: 2
(i) The age at which the crime was committed; 3
(ii) The nature of the crime; 4
(iii) The circumstances surrounding the crime; 5
(iv) The length of time that has passed since the crime; 6
(v) Subsequent work history; 7
(vi) Employment and character references; and 8
(vii) Other evidence that demonstrates whether the licensee poses a 9
threat to the public health or safety. 10
(3) The Board may renew or reinstate a license only if the licensee or 11
applicant attests that the licensee or applicant has submitted to a criminal history records 12
check under § 14–308.1 of this title. 13
(h) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense 15
for failure of a licensee to obtain the continuing education credits required by the Board.] 16
14–5E–14. 17
[(a) (1) A licensed perfusionist shall notify the Board in writing of a change in 18
name or address within 60 days after the change. 19
(2) A licensed perfusionist who fails to comply with the requirements of 20
paragraph (1) of this subsection is subject to an administrative penalty of $100.] 21
[(b)] Each licensed perfusionist shall: 22
(1) Keep a copy of the license in the licensee’s employment file; and 23
(2) Make the license available for inspection on request. 24
14–5E–16. 25
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 27
license to any applicant,] reprimand any licensee, place any licensee on probation, or 28
suspend or revoke a license, if the [applicant or] licensee: 29 76 SENATE BILL 218
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
the [applicant or] licensee or for another; 2
(2) Fraudulently or deceptively uses a license; 3
(3) Is guilty of unprofessional or immoral conduct in the practice of 4
perfusion; 5
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 6
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 7
(5) Abandons a patient; 8
(6) Is habitually intoxicated; 9
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 10
substance as defined in § 5–101 of the Criminal Law Article; 11
(8) Provides professional services while: 12
(i) Under the influence of alcohol; or 13
(ii) Using any narcotic or controlled dangerous substance as defined 14
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 15
amounts or without valid medical indication; 16
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 17
patient so as to exploit the patient for financial gain; 18
(10) Willfully makes or files a false report or record in the practice of 19
perfusion; 20
(11) Willfully fails to file or record any report as required under law, 21
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 22
to file or record a report; 23
(12) Breaches patient confidentiality; 24
(13) Pays or agrees to pay any sum or provide any form of remuneration or 25
material benefit to any person for bringing or referring a patient or accepts or agrees to 26
accept any sum or any form of remuneration or material benefit from an individual for 27
bringing or referring a patient; 28
(14) Knowingly makes a misrepresentation while practicing perfusion; 29
SENATE BILL 218 77
(15) Knowingly practices perfusion with an unauthorized individual or aids 1
an unauthorized individual in the practice of perfusion; 2
(16) Knowingly delegates a perfusion duty to an unlicensed individual; 3
(17) Offers, undertakes, or agrees to cure or treat disease by a secret 4
method, treatment, or medicine; 5
(18) Is disciplined by a licensing or disciplinary authority or is convicted or 6
disciplined by a court of any state or country or is disciplined by any branch of the United 7
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 8
be grounds for disciplinary action under the Board’s disciplinary statutes; 9
(19) Fails to meet appropriate standards for the delivery of perfusion 10
services; 11
(20) Knowingly submits false statements to collect fees for which services 12
are not provided; 13
(21) (i) Has been subject to investigation or disciplinary action by a 14
licensing or disciplinary authority or by a court of any state or country for an act that would 15
be grounds for disciplinary action under the Board’s disciplinary statutes; and 16
(ii) Has: 17
1. Surrendered the license, if any, issued by the state or 18
country; or 19
2. Allowed the license, if any, issued by the state or country 20
to expire or lapse; 21
(22) Knowingly fails to report suspected child abuse in violation of § 5–704 22
of the Family Law Article; 23
(23) Sells, prescribes, gives away, or administers drugs for illegal or 24
illegitimate medical purposes; 25
(24) Practices or attempts to practice beyond the authorized scope of 26
practice; 27
(25) Refuses, withholds from, denies, or discriminates against an individual 28
with regard to the provision of professional services for which the licensee is licensed and 29
qualified to render because the individual is HIV positive; 30
(26) Practices or attempts to practice a perfusion procedure or uses or 31
attempts to use perfusion equipment if the applicant or licensee has not received education 32
and training in the performance of the procedure or the use of the equipment; 33 78 SENATE BILL 218
(27) Fails to cooperate with a lawful investigation of the Board or a 1
disciplinary panel; or 2
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 3
14–302 of this title. 4
14–5E–20. 5
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 6
attempt to practice, or offer to practice perfusion in this State unless licensed to practice 7
perfusion by the Board. 8
14–5E–21. 9
(a) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 10
may not represent to the public by title, by description of services, methods, or procedures, 11
or otherwise, that the person is authorized to practice perfusion in this State. 12
(b) Unless authorized to practice perfusion under this [subtitle] TITLE, a person 13
may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed 14
clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, 15
letters, or symbols with the intent to represent that the person practices perfusion, holds a 16
certificate as a certified clinical perfusionist issued by the American Board of 17
Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist 18
issued by the Board. 19
14–5E–22. 20
A person may not provide, attempt to provide, offer to provide, or represent that the 21
person provides perfusion services unless the perfusion is provided by an individual who is 22
authorized to practice perfusion under this [subtitle] TITLE. 23
14–5F–07. 24
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 25
14–5F–10. 26
(a) Beginning March 1, 2016, except as otherwise provided in this [subtitle] 27
TITLE, an individual shall be licensed by the Board before the individual may practice 28
naturopathic medicine in the State. 29
(b) This section does not apply to: 30
SENATE BILL 218 79
[(1) An individual who is employed by the United States government to 1
practice naturopathic medicine while practicing within the scope of that employment; 2
(2)] (1) A student who is enrolled in an approved naturopathic medical 3
program while the student is participating in a course of study under the supervision of a 4
licensed naturopathic doctor or a licensed professional in the field of study; 5
[(3)] (2) An individual who is licensed in another state to practice 6
naturopathic medicine and whose practice of naturopathic medicine in the State is limited 7
to examination, recommendation, or testimony in litigation; or 8
[(4)] (3) A naturopathic doctor licensed by and residing in another 9
jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic 10
doctor in the State about a particular patient and does not direct patient care. 11
(c) The Board may not discriminate, in any manner, against any applicant or 12
licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, or 13
national origin. 14
14–5F–11. 15
(a) [To] IN ADDITION TO THE REQUIREMENTS UNDER § 14–301 OF THIS 16
TITLE, TO qualify for a license, an [applicant shall be an individual who meets the 17
requirements of this section. 18
(b) The applicant shall be of good moral character. 19
(c) The] applicant shall be at least 21 years old. 20
[(d)] (B) Except as provided in § 14–5F–12 of this subtitle, the applicant shall: 21
(1) Have a doctorate in naturopathic medicine from an approved 22
naturopathic medical program; and 23
(2) Pass the competency –based national naturopathic licensing 24
examination Part I and Part II administered by the North American Board of Naturopathic 25
Examiners, or its successor agency that has been nationally recognized to administer a 26
naturopathic examination that represents federal standards of education and training. 27
[(e)] (C) An applicant shall be physically and mentally capable of safely 28
practicing naturopathic medicine with or without reasonable accommodation. 29
[(f)] (D) If an applicant is licensed, certified, or registered to practice 30
naturopathic medicine or any other health occupation in another state, the applicant shall 31
be in good standing with the applicable state licensing, certification, or registration 32 80 SENATE BILL 218
authority. 1
[(g) An applicant shall complete a criminal history records check in accordance 2
with § 14–308.1 of this title.] 3
14–5F–12. 4
To apply for a license, an applicant shall: 5
[(1) Complete a criminal history records check in accordance with § 6
14–308.1 of this title; 7
(2) Submit an application to the Board on a form that the Board requires; 8
(3) Pay to the Board an application fee set by the Board;] 9
[(4)] (1) If the applicant has been licensed, certified, or registered to 10
practice naturopathic medicine in another state, submit all evidence relating to: 11
(i) Any disciplinary action taken or any administrative penalties 12
assessed against the applicant by the appropriate state licensing, certification, or 13
registration authority; and 14
(ii) Any consent agreements the applicant entered into that contain 15
conditions placed on the applicant’s professional conduct and practice, including any 16
voluntary surrender of a license; 17
[(5)] (2) Complete and submit to the Board a Board–approved written 18
attestation that: 19
(i) States that the applicant has a collaboration and consultation 20
agreement with a physician licensed under this article; 21
(ii) Includes the name and license number of the physician with 22
whom the applicant has a collaboration and consultation agreement; 23
(iii) States that the applicant will refer patients to and consult with 24
physicians and other health care providers licensed or certified under this article as needed; 25
and 26
(iv) States that the applicant will require patients to sign a consent 27
form that states that the applicant’s practice of naturopathic medicine is limited to the 28
scope of practice identified in § 14–5F–14 of this subtitle; and 29
[(6)] (3) Inform the physician named in the attestation that the physician 30
has been named. 31 SENATE BILL 218 81
14–5F–15. 1
[(a) (1) The term of a license issued by the Board may not exceed 3 years. 2
(2) A license expires on a date set by the Board, unless the license is 3
renewed as provided in this section. 4
(b) At least 1 month before the license expires, the Board shall send to the licensee 5
a renewal notice that states: 6
(1) The date on which the current license expires; 7
(2) The date by which the renewal application must be received by the 8
Board for the renewal to be issued and mailed before the license expires; and 9
(3) The amount of the renewal fee. 10
(c) The Board shall renew the license of a licensee who: 11
(1) Submits a renewal application on the form that the Board requires; 12
(2) Is of good moral character; 13
(3) Pays a renewal fee set by the Board; 14
(4) Is otherwise entitled to be licensed; 15
(5) Meets the continuing education requirements adopted by the Board; 16
and 17
(6) Provides] IN ADDITION TO MEETIN G THE LICENSE RENEWA L 18
REQUIREMENTS UNDER § 14–306 OF THIS TITLE, THE LICENSEE SHALL P ROVIDE 19
evidence of biennial cardiopulmonary resuscitation certification. 20
[(d) (1) Beginning October 1, 2016, the Board shall require a criminal history 21
records check in accordance with § 14–308.1 of this title for: 22
(i) Renewal applicants as determined by regulations adopted by the 23
Board; and 24
(ii) Each former licensee who files for reinstatement under § 25
14–5F–16(b) of this subtitle. 26
(2) On receipt of the criminal history record information of a licensee 27
forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether 28 82 SENATE BILL 218
disciplinary action should be taken, based on the criminal history record information, 1
against a licensee who renewed or reinstated a license, the Board shall consider: 2
(i) The age at which the crime was committed; 3
(ii) The nature of the crime; 4
(iii) The circumstances surrounding the crime; 5
(iv) The length of time that has passed since the crime; 6
(v) Subsequent work history; 7
(vi) Employment and character references; and 8
(vii) Other evidence that demonstrates whether the licensee poses a 9
threat to the public health or safety. 10
(3) The Board may renew or reinstate a license only if the licensee or 11
applicant attests that the licensee or applicant has submitted to a criminal history records 12
check under § 14–308.1 of this title. 13
(e) A disciplinary panel may impose a civil penalty of up to $100 per continuing 14
education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense 15
for failure of a licensee to obtain the continuing education credits required by the Board.] 16
14–5F–16. 17
(a) [(1)] The Board may place a licensee on inactive status if the licensee 18
submits to the Board: 19
[(i)] (1) An application for inactive status on the form required by 20
the Board; and 21
[(ii)] (2) The inactive status fee set by the Board. 22
[(2)] (B) The Board shall issue a license to a naturopathic doctor who is 23
on inactive status if the individual is otherwise entitled to be licensed under this subtitle 24
and submits to the Board: 25
[(i)] (1) Satisfactory evidence of compliance with the requirements 26
of [§ 14–308.1] § 14–302 of this title; 27
[(ii)] (2) Satisfactory evidence of compliance with the continuing 28
education requirements the Board adopts for this purpose; and 29
SENATE BILL 218 83
[(iii)] (3) A reinstatement fee set by the Board. 1
[(b) The Board shall reinstate the license of a naturopathic doctor who has failed 2
to renew the license for any reason if the naturopathic doctor: 3
(1) Meets the renewal requirements of § 14–5F–15 of this subtitle; 4
(2) Pays to the Board a reinstatement fee set by the Board; and 5
(3) Submits to the Board satisfactory evidence of compliance with the 6
qualifications and requirements adopted by the Board under this subtitle for license 7
reinstatements.] 8
14–5F–18. 9
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 10
on the affirmative vote of a majority of a quorum of the disciplinary panel, may [deny a 11
license to any applicant,] reprimand any licensee, place any licensee on probation, or 12
suspend or revoke a license of any licensee if the [applicant or] licensee: 13
(1) Is habitually intoxicated, or is addicted to or habitually abuses any 14
narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law 15
Article, or any drug without a valid prescription or indication, or provides professional 16
services while under the influence of alcohol or using any narcotic or controlled dangerous 17
substance, as defined in § 5–101 of the Criminal Law Article; 18
(2) Has been found to be mentally [incompetent] UNABLE TO CARRY OUT 19
IMPORTANT PROFESSION AL ACTIVITIES by a physician if [the mental incompetence 20
impairs the ability of the applicant or licensee to] THE LICENSEE’S ABILITY TO undertake 21
the practice of naturopathic medicine in a manner consistent with the safety of the public 22
IS IMPAIRED; 23
(3) Has entered into a consent agreement with or has been assessed an 24
administrative penalty by a licensing authority in another state; 25
(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a 26
license for [the applicant,] the licensee[,] or another; 27
(5) Has a license revoked or suspended, or was otherwise acted against, 28
including the denial of licensure, by the licensing authority of another state; 29
(6) Uses false, deceptive, or misleading advertising; 30
(7) Advertises, practices, or attempts to practice under a name other than 31
the [applicant’s or] licensee’s own name; 32 84 SENATE BILL 218
(8) Aids, assists, employs, or advises any unlicensed individual to practice 1
naturopathic medicine in violation of this subtitle; 2
(9) Willfully makes or files a false report or record in the practice of 3
naturopathic medicine; 4
(10) Willfully or negligently fails to file a report or record as required by law, 5
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 6
to file or record a report; 7
(11) Pays or receives any commission, bonus, kickback, or rebate, or engages 8
in any split–fee arrangement in any form with a licensed physician, organization, agency, 9
or other person, either directly or indirectly, for patients referred to health care providers; 10
(12) Exercises influence within a patient–doctor relationship for purposes of 11
engaging a patient in sexual activity; 12
(13) Engages in sexual misconduct with a patient; 13
(14) Fails to keep written medical records justifying the course of treatment 14
of a patient; 15
(15) Engages in an act or omission that does not meet generally accepted 16
standards of practice of naturopathic medicine or of safe care of patients, whether or not 17
actual injury to a patient is established; 18
(16) Delegates professional responsibilities to an individual when the 19
licensee delegating the responsibilities knows or has reason to know that the individual is 20
not qualified by training, experience, or licensure to perform the responsibilities; 21
(17) Promotes the sale of services, drugs, devices, appliances, or goods to a 22
patient so as to exploit the patient for financial gain; 23
(18) Breaches patient confidentiality; 24
(19) Is guilty of unprofessional or immoral conduct in the practice of 25
naturopathic medicine; 26
(20) Offers, undertakes, or agrees to cure or treat a disease by a secret 27
method, treatment, or medicine; 28
(21) Knowingly fails to report suspected child abuse in violation of § 5–704 29
of the Family Law Article; 30
(22) Sells, prescribes, gives away, or administers drugs for illegal or 31
illegitimate purposes; 32 SENATE BILL 218 85
(23) Denies or discriminates against an individual with regard to the 1
provision of professional services for which the licensee is licensed and qualified to render 2
because the individual is HIV positive; 3
(24) Fails to cooperate with a lawful investigation of the Board; 4
(25) Abandons a patient; 5
(26) Violates any provision of this title or any regulation adopted by the 6
Board; or 7
(27) Fails to complete a criminal history records check under [§ 14–308.1] § 8
14–302 of this title. 9
14–5F–21. 10
[(a) The Board shall give notice and hold a hearing in accordance with the 11
Administrative Procedure Act. 12
(b) The individual may be represented at the hearing by counsel. 13
(c) Over the signature of an officer or the administrator of the Board, the Board 14
or a disciplinary panel may issue subpoenas and administer oaths in connection with any 15
investigation under this subtitle and any hearings or proceedings before the Board or a 16
disciplinary panel. 17
(d) If, without lawful excuse, a person disobeys a subpoena from the Board or a 18
disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to 19
testify or answer a question, then, on petition of the Board, a court of competent jurisdiction 20
may punish the person as for contempt of court. 21
(e) If, after due notice, the individual against whom the action is contemplated 22
fails or refuses to appear, the Board or a disciplinary panel may hear and determine the 23
matter. 24
(f)] If, after a hearing IN ACCORDANCE WITH T HE ADMINISTRATIVE 25
PROCEDURE ACT , an individual is found in violation of § 14–5F–18 of this subtitle, the 26
individual shall pay the costs of the hearing as specified in a regulation adopted by the 27
Board. 28
14–5F–24. 29
(c) A disciplinary panel may not reinstate a surrendered or revoked license that 30
has been surrendered or revoked for a period of more than 1 year unless the licensee: 31
86 SENATE BILL 218
(1) Meets the requirements for reinstatement as established under this 1
title; and 2
(2) Completes a criminal history records check in accordance with [§ 3
14–308.1] § 14–302 of this title. 4
14–5F–29. 5
(a) Except as otherwise provided in this [subtitle] TITLE, an individual may not 6
practice, attempt to practice, or offer to practice naturopathic medicine in this State without 7
a license. 8
14–5G–08. 9
(a) Except as otherwise provided in this [subtitle] TITLE, on or after January 1, 10
2024, an individual shall be licensed by the Board before the individual may practice 11
genetic counseling in the State. 12
(b) This section does not apply to: 13
[(1) An individual who is employed by the United States government to 14
practice genetic counseling while practicing within the scope of that employment;] 15
[(2)] (1) An individual who resides in and holds an active license in 16
another state if the individual is engaged in consultation with a physician or genetic 17
counselor licensed in the State about a particular patient and the individual: 18
(i) Does not order or coordinate genetic laboratory tests or other 19
diagnostic studies; and 20
(ii) Does not provide consultation in the State for more than a total 21
of 10 patients within a calendar year; or 22
[(3)] (2) A student enrolled in a genetic counseling training program that 23
is accredited by a national accrediting organization recognized by the Board in regulations 24
while the student is practicing genetic counseling in the program and doing the assigned 25
duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar 26
facility. 27
14–5G–09. 28
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 29
individual who meets the requirements of this section AND § 14–301 OF THIS TITLE. 30
(b) [The applicant must be of good moral character. 31 SENATE BILL 218 87
(c) The applicant must be at least 18 years old. 1
(d)] The applicant must be a graduate of an appropriate education program 2
approved by the Board. 3
[(e)] (C) Except as provided in subsection [(f)] (D) of this section, the applicant 4
shall submit to the Board satisfactory evidence of certification by a national certifying 5
organization approved by the Board. 6
[(f)] (D) If an applicant does not meet the requirement under subsection [(e)] 7
(C) of this section, the applicant may qualify for licensure if the applicant: 8
(1) Has worked as a genetic counselor for: 9
(i) At least 10 years before January 1, 2024; and 10
(ii) At least 5 consecutive years immediately preceding the date on 11
which the applicant submits the application for licensure; 12
(2) Has graduated from an education program approved by the Board; 13
(3) Submits to the Board three letters of recommendation from licensed 14
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 15
for licensure and who: 16
(i) Have worked with the applicant in an employment or 17
professional setting for 3 years before the applicant submits the application for licensure; 18
and 19
(ii) Can attest to the applicant’s competency in providing genetic 20
counseling services; and 21
(4) Applies for initial licensure on or before December 31, 2024. 22
[(g) The applicant shall complete a criminal history records check in accordance 23
with § 14–308.1 of this title.] 24
[(h)] (E) The applicant shall meet any additional education, training, or 25
examination requirements established by the Board. 26
14–5G–14. 27
(h) A supervised genetic counselor is subject to discipline under [§ 14–5G–19] § 28
14–5G–18 of this subtitle to the same extent as a genetic counselor. 29 88 SENATE BILL 218
14–5G–17. 1
A disciplinary panel may issue a cease and desist order for[: 2
(1) Practicing genetic counseling without a license or with an unauthorized 3
person; or 4
(2) Supervising] SUPERVISING or aiding an unauthorized person in the 5
practice of genetic counseling. 6
14–5G–18. 7
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 8
on the affirmative vote of a majority of the quorum of the disciplinary panel, may [deny a 9
license to any applicant,] reprimand any licensee, place any licensee on probation, or 10
suspend or revoke a license, if the [applicant or] licensee: 11
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
the applicant or licensee or for another; 13
(2) Fraudulently or deceptively uses a license; 14
(3) Is guilty of unprofessional or immoral conduct while practicing genetic 15
counseling; 16
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
(5) Abandons a patient; 19
(6) Is habitually intoxicated; 20
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous 21
substance as defined in § 5–101 of the Criminal Law Article; 22
(8) Provides professional services while: 23
(i) Under the influence of alcohol; or 24
(ii) Using any narcotic or controlled dangerous substance as defined 25
in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic 26
amounts or without valid medical indication; 27
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a 28
patient so as to exploit the patient for financial gain; 29 SENATE BILL 218 89
(10) Willfully makes or files a false report or record in the practice of genetic 1
counseling; 2
(11) Willfully fails to file or record any report as required under law, 3
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 4
to file or record a report; 5
(12) Breaches patient confidentiality; 6
(13) Pays or agrees to pay any sum or provide any form of remuneration or 7
material benefit to any person for bringing or referring a patient or accepts or agrees to 8
accept any sum or any form of remuneration or material benefit from an individual for 9
bringing or referring a patient; 10
(14) Knowingly makes a misrepresentation while practicing genetic 11
counseling; 12
(15) Knowingly practices genetic counseling with an unauthorized 13
individual or aids an unauthorized individual in practicing genetic counseling; 14
(16) Knowingly delegates a genetic counseling duty to an unlicensed 15
individual; 16
(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 17
OVERUTILIZATION OF health care services; 18
(18) Offers, undertakes, or agrees to cure or treat disease by a secret 19
method, treatment, or medicine; 20
(19) Is disciplined by a licensing or disciplinary authority or is convicted or 21
disciplined by a court of any state or country or is disciplined by any branch of the United 22
States uniformed services or the U.S. Department of Veterans Affairs for an act that would 23
be grounds for disciplinary action under the Board’s disciplinary statutes; 24
(20) Fails to meet appropriate standards for the delivery of genetic 25
counseling services; 26
(21) Knowingly submits false statements to collect fees for which services 27
are not provided; 28
(22) (i) Has been subject to investigation or disciplinary action by a 29
licensing or disciplinary authority or by a court of any state or country for an act that would 30
be grounds for disciplinary action under the Board’s disciplinary statutes; and 31
(ii) Has: 32 90 SENATE BILL 218
1. Surrendered the license, if any, issued by the state or 1
2. Allowed the license, if any, issued by the state or country 2
to expire or lapse; 3
(23) Knowingly fails to report suspected child abuse in violation of § 5–704 4
of the Family Law Article; 5
(24) Practices or attempts to practice beyond the authorized scope of 6
practice; 7
(25) Refuses, withholds from, denies, or discriminates against an individual 8
with regard to the provision of professional services for which the licensee is licensed and 9
qualified to render because the individual is HIV positive; 10
(26) Practices or attempts to practice genetic counseling procedures or uses 11
or attempts to use genetic assessments if the applicant or licensee has not received 12
education and training in the performance of the procedure or the use of the genetic 13
assessment; 14
(27) Fails to cooperate with a lawful investigation of the Board or a 15
disciplinary panel; 16
(28) Fails to complete a criminal history records check under [§ 14–308.1] § 17
14–302 of this title; or 18
(29) Violates any provision of this title or any rule or regulation pertaining 19
to genetic counseling that is adopted by the Board, the State, or the federal government. 20
14–5G–23. 21
Except as otherwise provided in this [subtitle] TITLE, a person may not practice, 22
attempt to practice, or offer to practice genetic counseling in this State unless licensed to 23
practice genetic counseling by the Board. 24
14–5G–24. 25
(a) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 26
a person may not represent to the public by title, by description of services, methods, or 27
procedures, or otherwise, that the person is authorized to practice genetic counseling in this 28
State. 29
(b) Unless authorized to practice genetic counseling under this [subtitle] TITLE, 30
a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified 31
genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, 32 SENATE BILL 218 91
letters, or symbols with the intent to imply that the person practices genetic counseling or 1
is a certified genetic counselor or licensed genetic counselor. 2
14–5G–25. 3
A person may not provide, attempt to provide, offer to provide, or represent that the 4
person provides genetic counseling services unless the genetic counseling is provided by an 5
individual who is authorized to practice genetic counseling under this [subtitle] TITLE. 6
14–5G–26. 7
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed genetic 8
counselor or a licensed physician may not employ or supervise an individual practicing 9
genetic counseling without a license. 10
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 11
institution, alternative health system, or employer may not employ an individual practicing 12
genetic counseling without a license. 13
SUBTITLE 5H. PHYSICIAN ASSISTANTS. 14
14–5H–01. 15
(a) In this [title] SUBTITLE the following words have the meanings indicated. 16
[(d) “Board” means the State Board of Physicians, established under § 14–201 of 17
this article.] 18
[(e)] (D) “Committee” means the Physician Assistant Advisory Committee. 19
[(f)] (E) “Controlled dangerous substances” has the meaning stated in § 5–101 20
of the Criminal Law Article. 21
[(g)] (F) “Correctional facility” includes a State or local correctional facility. 22
[(h)] (G) “Delegated medical acts” means activities that constitute the practice 23
of medicine delegated by a physician under [Title 14 of this article] THIS TITLE. 24
[(i)] (H) “Delegation agreement” means a document that is executed by a 25
primary supervising physician and a physician assistant containing the requirements of [§ 26
15–302] § 14–5H–08 of this [title] SUBTITLE. 27
[(i–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
under § 14–401 of this article.] 29 92 SENATE BILL 218
[(j)] (I) “Dispense” or “dispensing” has the meaning stated in § 12–101 of this 1
article. 2
[(k)] (J) “Drug sample” means a unit of a prescription drug that is intended to 3
promote the sale of the drug and is not intended for sale. 4
[(l)] (K) “Hospital” means: 5
(1) A hospital as defined under § 19–301 of the Health – General Article; 6
(2) A comprehensive care facility that: 7
(i) Meets the requirements of a hospital–based skilled nursing 8
facility under federal law; and 9
(ii) Offers acute care in the same building; and 10
(3) An emergency room that is physically connected to a hospital or a 11
freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – 12
General Article. 13
[(m)] (L) “License” means a license issued by the Board to a physician assistant 14
under this title. 15
[(n)] (M) “National certifying examination” means the Physician Assistant 16
National Certifying Examination administered by the National Commission on 17
Certification of Physician Assistants or its successor. 18
[(o)] (N) “Physician assistant” means an individual who is licensed under this 19
title to practice medicine with physician supervision. 20
[(p)] (O) “Practice as a physician assistant” means the performance of medical 21
acts that are: 22
(1) Delegated by a supervising physician to a physician assistant; 23
(2) Within the supervising physician’s scope of practice; and 24
(3) Appropriate to the physician assistant’s education, training, and 25
experience. 26
[(q)] (P) “Prescriptive authority” means the authority delegated by a primary or 27
alternate supervising physician to a physician assistant to: 28
(1) Prescribe and administer controlled dangerous substances, prescription 29 SENATE BILL 218 93
drugs, medical devices, and the oral, written, or electronic ordering of medications; and 1
(2) Dispense as provided under [§ 15–302.2(b), (c), and (d)] § 2
14–5H–10(B), (C), AND (D) of this [title] SUBTITLE. 3
[(r)] (Q) “Primary supervising physician” means a physician who: 4
(1) Completes a delegation agreement that meets the requirements under 5
[§§ 15–301(d) and (e) and 15–302] §§ 14–5H–07(D) AND (E) AND 14–5H–08 of this [title] 6
SUBTITLE and files a copy with the Board; 7
(2) Acts as the physician responsible to ensure that a physician assistant 8
practices medicine in accordance with this title and the regulations adopted under this title; 9
(3) Ensures that a physician assistant practices within the scope of practice 10
of the primary supervising physician or any designated alternate supervising physician; 11
and 12
(4) Ensures that a list of alternate supervising physicians is maintained at 13
the practice setting. 14
[(s)] (R) “Public health facility” means a site where clinical public health 15
services are rendered under the auspices of the Department, a local health department in 16
a county, or the Baltimore City Health Department. 17
[(t)] (S) “Starter dosage” means an amount of a drug sufficient to begin therapy: 18
(1) Of short duration of 72 hours or less; or 19
(2) Prior to obtaining a larger quantity of the drug to complete therapy. 20
[(u)] (T) (1) “Supervision” means the responsibility of a physician to exercise 21
on–site supervision or immediately available direction for physician assistants performing 22
delegated medical acts. 23
(2) “Supervision” includes physician oversight of and acceptance of direct 24
responsibility for the patient services and care rendered by a physician assistant, including 25
continuous availability to the physician assistant in person, through written instructions, 26
or by electronic means and by designation of one or more alternate supervising physicians. 27
14–5H–02. 28
[(a)] A physician assistant may not practice within the scope of practice of any of 29
the following health occupations authorized under this article: 30
94 SENATE BILL 218
(1) Nursing; 1
(2) Optometry; 2
(3) Physical therapy; or 3
(4) Psychology. 4
[(b) This title does not limit the right of an individual to practice a health 5
occupation that the individual is authorized to practice under this article.] 6
14–5H–03. 7
(c) Except as otherwise provided under subsections (b) and (d) of this section, a 8
hospital, a related institution, an alternative health care system, or an employer of a 9
physician assistant shall report to the Board any limitation, reduction, or other change of 10
the terms of employment of the physician assistant or any termination of employment of 11
the physician assistant for any reason that might be grounds for disciplinary action under 12
[§ 15–314] § 14–5H–16 of this [title] SUBTITLE. 13
(d) A hospital, related institution, alternative health care system, or employer 14
that has reason to know that a physician assistant has committed an action or has a 15
condition that might be grounds for reprimand or probation of the physician assistant or 16
suspension or revocation of the license of the physician assistant under [§ 15–314] § 17
14–5H–16 of this [title] SUBTITLE because the physician assistant is alcohol– or 18
drug–impaired is not required to report to the Board if: 19
(1) The hospital, related institution, alternative health care system, or 20
employer knows that the physician assistant is: 21
(i) In an alcohol or drug treatment program that is accredited by the 22
Joint Commission [on the Accreditation of Healthcare Organizations] or is certified by the 23
Department; or 24
(ii) Under the care of a health care practitioner who is competent 25
and capable of dealing with alcoholism and drug abuse; 26
(2) The hospital, related institution, alternative health care system, or 27
employer is able to verify that the physician assistant remains in the treatment program 28
until discharge; and 29
(3) The action or condition of the physician assistant has not caused injury 30
to any person while the physician assistant is practicing as a licensed physician assistant. 31
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 32
or drug treatment program that is accredited by the Joint Commission [on Accreditation of 33 SENATE BILL 218 95
Healthcare Organizations] or that is certified by the Department, the physician assistant 1
shall notify the hospital, related institution, alternative health care system, or employer of 2
the physician assistant’s decision to enter the treatment program. 3
14–5H–06. 4
(a) In addition to the powers set forth elsewhere in this title, the Committee, on 5
its initiative or on the Board’s request, may: 6
(1) Recommend to the Board regulations for carrying out the provisions of 7
this title; 8
(2) Recommend to the Board approval, modification, or disapproval of an 9
application for licensure or a delegation agreement; 10
(3) Report to the Board any conduct of a supervising physician or a 11
physician assistant that may be cause for disciplinary action under this [title] SUBTITLE 12
or under [§ 14–404 of this article] § 14–516 OF THIS TITLE; and 13
(4) Report to the Board any alleged unauthorized practice of a physician 14
assistant. 15
14–5H–07. 16
(c) Patient services that may be provided by a physician assistant include: 17
(1) (i) Taking complete, detailed, and accurate patient histories; and 18
(ii) Reviewing patient records to develop comprehensive medical 19
status reports; 20
(2) Performing physical examinations and recording all pertinent patient 21
data; 22
(3) Interpreting and evaluating patient data as authorized by the primary 23
or alternate supervising physician for the purpose of determining management and 24
treatment of patients; 25
(4) Initiating requests for or performing diagnostic procedures as indicated 26
by pertinent data and as authorized by the supervising physician; 27
(5) Providing instructions and guidance regarding medical care matters to 28
patients; 29
(6) Assisting the primary or alternate supervising physician in the delivery 30
of services to patients who require medical care in the home and in health care institutions, 31 96 SENATE BILL 218
including: 1
(i) Recording patient progress notes; 2
(ii) Issuing diagnostic orders; and 3
(iii) Transcribing or executing specific orders at the direction of the 4
primary or alternate supervising physician; and 5
(7) Exercising prescriptive authority under a delegation agreement and in 6
accordance with [§ 15–302.2] § 14–5H–10 of this subtitle. 7
(f) (1) Except as provided in [subsection (g) of this section, the following 8
individuals may practice as a physician assistant without a license: 9
(1) A] PARAGRAPH (2) OF THIS SUBSECTION , A physician assistant 10
student enrolled in a physician assistant educational program that is accredited by the 11
Accreditation Review Commission on Education for the Physician Assistant or its successor 12
and approved by the Board[; or 13
(2) A physician assistant employed in the service of the federal government 14
while performing duties incident to that employment] MAY PRACTICE AS A PH YSICIAN 15
ASSISTANT WITHOUT A LICENSE. 16
[(g)] (2) A physician may not delegate prescriptive authority to a physician 17
assistant student in a training program that is accredited by the Accreditation Review 18
Commission on Education for the Physician Assistant or its successor. 19
[(h)] (G) (1) If a medical act that is to be delegated under this section is a part 20
of the practice of a health occupation that is regulated under this article by another board, 21
any rule or regulation concerning that medical act shall be adopted jointly by the State 22
Board of Physicians and the board that regulates the other health occupation. 23
(2) If the two boards cannot agree on a proposed rule or regulation, the 24
proposal shall be submitted to the Secretary for a final decision. 25
14–5H–08. 26
(c) (2) (ii) 1. Before a physician assistant may perform X–ray duties 27
authorized under [§ 14–306(e)] § 14–503(E) of this [article] TITLE in the medical office of 28
the physician delegating the duties, a primary supervising physician shall obtain the 29
Board’s approval of a delegation agreement that includes advanced duties in accordance 30
with subsubparagraph 2 of this subparagraph. 31
(g) If the Board determines that a primary or alternate supervising physician or 32
physician assistant is practicing in a manner inconsistent with the requirements of this 33 SENATE BILL 218 97
title [or Title 14 of this article], the Board on its own initiative or on the recommendation 1
of the Committee may demand modification of the practice, withdraw the approval of the 2
delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking 3
other disciplinary action under [§ 14–404 or § 15–314] § 14–5H–16 OF THIS SUBTITLE 4
OR § 14–516 of this [article] TITLE. 5
(k) Subject to the [notice] NOTIFICATION required under [§ 15–103] § 6
14–5H–03 of this [title] SUBTITLE, a physician assistant may terminate a delegation 7
agreement filed with the Board under this subtitle at any time. 8
(l) (2) If there is no designated alternate supervising physician or the 9
designated alternate supervising physician does not agree to supervise the physician 10
assistant, the physician assistant may not practice until the physician assistant receives 11
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 12
(m) A physician assistant whose delegation agreement is terminated may not 13
practice as a physician assistant until the physician assistant receives preliminary 14
approval of a new delegation agreement under [§ 15–302.1] § 14–5H–09 of this subtitle. 15
14–5H–09. 16
(a) If a delegation agreement does not include advanced duties or the advanced 17
duties have been approved under [§ 15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle, a 18
physician assistant may assume the duties under a delegation agreement on the date that 19
the Board acknowledges receipt of the completed delegation agreement. 20
(b) In this section, “pending” means that a delegation agreement that includes 21
delegation of advanced duties in a setting that does not meet the requirements under [§ 22
15–302(c)(1)] § 14–5H–08(C)(1) of this subtitle has been executed and submitted to the 23
Board for its approval, but: 24
(1) The Committee has not made a recommendation to the Board; or 25
(2) The Board has not made a final decision regarding the delegation 26
agreement. 27
14–5H–10. 28
(e) Before a physician assistant may renew a license for an additional 2–year 29
term under [§ 15–307] § 14–306 of this [subtitle] TITLE, the physician assistant shall 30
submit evidence to the Board of successful completion of 8 category 1 hours of pharmacology 31
education within the previous 2 years. 32
14–5H–12. 33
98 SENATE BILL 218
(a) [To] IN ADDITION TO THE RE QUIREMENTS UNDER § 14–301 OF THIS 1
TITLE, TO qualify for a license, an applicant shall: 2
[(1) Complete a criminal history records check in accordance with § 3
14–308.1 of this article; 4
(2) Be of good moral character; 5
(3) Demonstrate oral and written competency in the English language as 6
required by the Board; 7
(4) Be at least 18 years old; and 8
(5) (i)] (1) Be a graduate of a physician assistant training program 9
approved by the Board; or 10
[(ii)] (2) Have passed the physician assistant national certifying 11
examination administered by the National Commission on Certification of Physician 12
Assistants prior to 1986, maintained all continuing education and recertification 13
requirements, and been in continuous practice since passage of the examination. 14
14–5H–14. 15
[(a)] Each licensee shall keep a license and delegation agreement for inspection at 16
the primary place of business of the licensee. 17
[(b) (1) Each licensee shall give the Board written notice of any change of name 18
or address within 60 days of the date of the change. 19
(2) A licensee who fails to comply with this subsection is subject to an 20
administrative penalty of $100.] 21
14–5H–15. 22
(a) [(1)] Except as otherwise provided under § 10–226 of the State Government 23
Article, before the Board takes any action to reject or modify a delegation agreement or 24
advanced duty, the Board shall give the licensee the opportunity for a hearing before the 25
Board. 26
[(2)] (B) The Board shall give notice and hold the hearing under Title 10, 27
Subtitle 2 of the State Government Article. 28
[(3)] (C) The Board may administer oaths in connection with any 29
proceeding under this section. 30
SENATE BILL 218 99
[(4)] (D) At least 14 days before the hearing, the hearing notice shall be 1
sent to the last known address of the applicant or licensee. 2
[(b) Any licensee aggrieved under this subtitle by a final decision of the Board 3
rejecting or modifying a delegation agreement or advanced duty may petition for judicial 4
review as allowed by the Administrative Procedure Act.] 5
14–5H–16. 6
(a) Subject to the hearing provisions of [§ 15–315] § 14–405 of this [subtitle] 7
TITLE, a disciplinary panel, on the affirmative vote of a majority of the quorum, may 8
reprimand any physician assistant, place any physician assistant on probation, or suspend 9
or revoke a license if the physician assistant: 10
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 11
the applicant or licensee or for another; 12
(2) Fraudulently or deceptively uses a license; 13
(3) Is guilty of: 14
(i) Immoral conduct in the practice of medicine; or 15
(ii) Unprofessional conduct in the practice of medicine; 16
(4) Is professionally, physically, or mentally [incompetent] UNABLE TO 17
CARRY OUT IMPORTANT PROFESSIONAL ACTIVIT IES; 18
(5) Solicits or advertises in violation of [§ 14–503] § 14–5H–13 of this 19
[article] SUBTITLE; 20
(6) Abandons a patient; 21
(7) Habitually is intoxicated; 22
(8) Is addicted to, or habitually abuses, any narcotic or controlled 23
dangerous substance as defined in § 5–101 of the Criminal Law Article; 24
(9) Provides professional services: 25
(i) While under the influence of alcohol; or 26
(ii) While using any narcotic or controlled dangerous substance, as 27
defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 28
amounts or without valid medical indication; 29
100 SENATE BILL 218
(10) Promotes the sale of drugs, devices, appliances, or goods to a patient so 1
as to exploit the patient for financial gain; 2
(11) Willfully makes or files a false report or record in the practice of 3
medicine; 4
(12) Willfully fails to file or record any medical report as required under law, 5
willfully impedes or obstructs the filing or recording of the report, or induces another to fail 6
to file or record the report; 7
(13) On proper request, and in accordance with the provisions of Title 4, 8
Subtitle 3 of the Health – General Article, fails to provide details of a patient’s medical 9
record to the patient, another physician, or hospital; 10
(14) Solicits professional patronage through an agent or other person or 11
profits from the acts of a person who is represented as an agent of the physician; 12
(15) Pays or agrees to pay any sum to any person for bringing or referring a 13
patient or accepts or agrees to accept any sum from any person for bringing or referring a 14
patient; 15
(16) Agrees with a clinical or bioanalytical laboratory to make payments to 16
the laboratory for a test or test series for a patient, unless the licensed physician assistant 17
discloses on the bill to the patient or third–party payor: 18
(i) The name of the laboratory; 19
(ii) The amount paid to the laboratory for the test or test series; and 20
(iii) The amount of procurement or processing charge of the licensed 21
physician, if any, for each specimen taken; 22
(17) Makes a willful misrepresentation in treatment; 23
(18) Practices medicine with an unauthorized person or aids an 24
unauthorized person in the practice of medicine; 25
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 26
OVERUTILIZATION OF health care services; 27
(20) Offers, undertakes, or agrees to cure or treat disease by a secret 28
method, treatment, or medicine; 29
(21) Is disciplined by a licensing or disciplinary authority or convicted or 30
disciplined by a court of any state or country or disciplined by any branch of the United 31
States uniformed services or the [Veterans’ Administration] U.S. DEPARTMENT OF 32 SENATE BILL 218 101
VETERANS AFFAIRS for an act that would be grounds for disciplinary action under this 1
section; 2
(22) Fails to meet appropriate standards for the delivery of quality medical 3
and surgical care performed in an outpatient surgical facility, office, hospital, or any other 4
location in this State; 5
(23) Willfully submits false statements to collect fees for which services are 6
not provided; 7
(24) Was subject to investigation or disciplinary action by a licensing or 8
disciplinary authority or by a court of any state or country for an act that would be grounds 9
for disciplinary action under this section and the licensee state or country; or 10
(i) Surrendered the license issued by the state or country to the 11
state or country; or 12
(ii) Allowed the license issued by the state or country to expire or 13
lapse; 14
(25) Knowingly fails to report suspected child abuse in violation of § 5–704 15
of the Family Law Article; 16
(26) Fails to educate a patient being treated for breast cancer of alternative 17
methods of treatment as required by § 20–113 of the Health – General Article; 18
(27) Sells, prescribes, gives away, or administers drugs for illegal or 19
illegitimate medical purposes; 20
(28) Fails to comply with the provisions of § 12–102 of this article; 21
(29) Refuses, withholds from, denies, or discriminates against an individual 22
with regard to the provision of professional services for which the physician assistant is 23
licensed and qualified to render because the individual is HIV positive; 24
(30) Except as to an association that has remained in continuous existence 25
since July 1, 1963: 26
(i) Associates with a pharmacist as a partner or co–owner of a 27
pharmacy for the purpose of operating a pharmacy; 28
(ii) Employs a pharmacist for the purpose of operating a pharmacy; 29
or 30
(iii) Contracts with a pharmacist for the purpose of operating a 31
pharmacy; 32
102 SENATE BILL 218
(31) Except in an emergency life–threatening situation where it is not 1
feasible or practicable, fails to comply with the Centers for Disease Control and 2
Prevention’s guidelines on universal precautions; 3
(32) Fails to display the notice required under [§ 14–415] § 14–519 of this 4
[article] TITLE; 5
(33) Fails to cooperate with a lawful investigation conducted by the Board 6
or a disciplinary panel; 7
(34) Is convicted of insurance fraud as defined in § 27–801 of the Insurance 8
Article; 9
(35) Is in breach of a service obligation resulting from the applicant’s or 10
licensee’s receipt of State or federal funding for the physician assistant’s medical education; 11
(36) Willfully makes a false representation when seeking or making 12
application for licensure or any other application related to the practice of medicine; 13
(37) By corrupt means, threats, or force, intimidates or influences, or 14
attempts to intimidate or influence, for the purpose of causing any person to withhold or 15
change testimony in hearings or proceedings before the Board or a disciplinary panel or 16
those otherwise delegated to the Office of Administrative Hearings; 17
(38) By corrupt means, threats, or force, hinders, prevents, or otherwise 18
delays any person from making information available to the Board or a disciplinary panel 19
in furtherance of any investigation of the Board or a disciplinary panel; 20
(39) Intentionally misrepresents credentials for the purpose of testifying or 21
rendering an expert opinion in hearings or proceedings before the Board or a disciplinary 22
panel or those otherwise delegated to the Office of Administrative Hearings; 23
(40) Fails to keep adequate medical records; 24
(41) Performs delegated medical acts beyond the scope of the delegation 25
agreement filed with the Board or after notification from the Board that an advanced duty 26
has been disapproved; 27
(42) Performs delegated medical acts without the supervision of a physician; 28
(43) Fails to complete a criminal history records check under [§ 14–308.1] § 29
14–302 of this [article] TITLE; 30
(44) Fails to comply with the requirements of the Prescription Drug 31
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; or 32
SENATE BILL 218 103
(45) Fails to comply with any State or federal law pertaining to the practice 1
as a physician assistant. 2
(C) IF, AFTER A HEARING UNDE R § 14–405 OF THIS TITLE, A DISCIPLINARY 3
PANEL FINDS THAT THE RE ARE GROUNDS FOR DISCIPLI NE UNDER SUBSECTION (A) 4
OF THIS SECTION TO S USPEND OR REVOKE A L ICENSE OF A PHYSICIA N ASSISTANT, 5
REPRIMAND A LICENSED PHYSICIAN ASSISTANT , OR PLACE THE LICENSE D 6
PHYSICIAN ASSISTANT ON PROBATION , THE DISCIPLINARY PAN EL MAY IMPOSE A 7
FINE SUBJECT TO THE BOARD’S REGULATIONS IN ADD ITION TO SUSPENDING OR 8
REVOKING THE LICENSE , REPRIMANDING THE LIC ENSEE, OR PLACING THE 9
LICENSEE ON PROBATIO N. 10
(D) THE BOARD SHALL PAY ANY F INES COLLECTED UNDER THIS SECTION IN 11
THE GENERAL FUND OF THE STATE. 12
(E) IN ADDITION TO ANY SA NCTION AUTHORIZED UN DER THIS SUBTITLE , A 13
DISCIPLINARY PANEL M AY REQUIRE A LICENSE E TO COMPLY WITH SPE CIFIED 14
TERMS AND CONDITIONS DETERMINED BY THE DI SCIPLINARY PANEL . 15
14–5H–20. 16
(a) Except as otherwise provided in this [subtitle] TITLE, a licensed physician 17
may not employ or supervise an individual practicing as a physician assistant who does not 18
have a license. 19
(b) Except as otherwise provided in this [subtitle] TITLE, a hospital, related 20
institution, alternative health care system, or employer may not employ an individual 21
practicing as a physician assistant who does not have a license. 22
14–5H–21. 23
(a) A person who violates [§ 15–401 or § 15–402] § 14–5H–18 OR § 14–5H–19 24
of this subtitle: 25
(1) Is guilty of a misdemeanor and on conviction is subject to a fine not 26
exceeding $5,000 or imprisonment not exceeding 5 years or both; and 27
(2) Shall lose licensure as a physician assistant under this title. 28
(b) (1) In addition to the penalties under subsection (a) of this section, a person 29
who violates [§ 15–401] § 14–5H–18 of this subtitle may be subject to a civil penalty 30
assessed by a disciplinary panel in an amount not exceeding $5,000. 31
(2) In addition to the penalties under paragraph (1) of this subsection, a 32
person who violates [§ 15–309] § 14–5H–14 of this [title] SUBTITLE may be subject to a 33 104 SENATE BILL 218
civil penalty assessed by a disciplinary panel in an amount not exceeding $100. 1
(3) The Board shall pay any civil penalty collected under this subsection 2
into the Board of Physicians Fund. 3
14–5H–22. 4
This [title] SUBTITLE may be cited as the “Maryland Physician Assistants Act”. 5
14–5H–23. 6
Subject to the evaluation and reestablishment provisions of the Maryland Program 7
Evaluation Act, this [title] SUBTITLE and all regulations adopted under this [title] 8
SUBTITLE shall terminate and be of no effect after July 1, 2030. 9
Article – Transportation 10
13–616. 11
(a) (1) In this subtitle the following words have the meanings indicated. 12
(7) “Licensed physician assistant” means an individual who is licensed 13
under Title [15] 14, SUBTITLE 5H of the Health Occupations Article to practice medicine 14
with physician supervision. 15
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
as follows: 17
Article – Health Occupations 18
14–3A–01. 19
The Interstate Medical Licensure Compact is enacted into law and entered into with 20
all other states legally joining in it in the form substantially as it appears in this section as 21
follows: 22
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 23
(b) (3) (i) The member board within the state selected as the state of 24
principal license shall, in the course of verifying eligibility, require the applicant to obtain 25
a criminal background check as required under [§ 14–308.1] § 14–302 of this title, 26
including the use of the results of fingerprint or other biometric data checks compliant with 27
the requirements of the Federal Bureau of Investigation, with the exception of federal 28
employees who have suitability determination in accordance with U.S. C.F.R. § 731.202. 29
SENATE BILL 218 105
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Tax – General 3
10–752. 4
(a) (1) In this section the following words have the meanings indicated. 5
(3) “Health care practitioner” means an individual who: 6
(i) is licensed to practice medicine under Title 14 of the Health 7
Occupations Article; 8
(ii) is a physician assistant, as defined in [§ 15–101] § 14–5H–01 of 9
the Health Occupations Article; or 10
(iii) is a registered nurse practitioner, as defined in § 8–101 of the 11
Health Occupations Article. 12
(d) (7) The Fund consists of: 13
(i) revenue distributed to the Fund under [§ 15–206] § 14–207 of 14
the Health Occupations Article; 15
(ii) money appropriated in the State budget to the Fund; and of the 16
Fund. 17
(iii) any other money from any other source accepted for the benefit 18
of the Fund. 19
SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 20
Annotated Code of Maryland, in consultation with and subject to the approval of the 21
Department of Legislative Services, shall correct, with no further action required by the 22
General Assembly, cross–references and terminology rendered incorrect by this Act. The 23
publisher shall adequately describe any correction that is made in an editor’s note following 24
the section affected. 25
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. Section 4 of this Act shall remain effective until the taking effect of the 27
termination provision specified in Section 5 of Chapter 470 of the Acts of the General 28
Assembly of 2018. If that termination provision takes effect, Section 4 of this Act shall be 29
abrogated and of no further force and effect. Section 5 of this Act shall remain effective 30
until the taking effect of the termination provision specified in Section 6 of Chapters 153 31
and 154 of the Acts of the General Assembly of 2021. If that termination provision takes 32
effect, Section 5 of this Act shall be abrogated and of no further force and effect. This Act 33 106 SENATE BILL 218
may not be interpreted to have any effect on those termination provisions. 1