Maryland 2025 Regular Session

Maryland House Bill HB496 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0496*
66
77 HOUSE BILL 496
88 Q3 5lr1318
99
1010 By: Delegate R. Lewis
1111 Introduced and read first time: January 20, 2025
1212 Assigned to: Ways and Means and Health and Government Operations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Income Tax – Credits for Nursing Program Preceptors in Areas With Health 2
1919 Care Workforce Shortages – Alterations 3
2020
2121 FOR the purpose of altering the number of training hours that certain health care 4
2222 practitioners are required to perform in a nursing program preceptor rotation in 5
2323 order to qualify for a certain credit against the State income tax; and generally 6
2424 relating to credits against the State income tax for health care practitioners serving 7
2525 as preceptors in areas with health care workforce shortages. 8
2626
2727 BY repealing and reenacting, without amendments, 9
2828 Article – Tax – General 10
2929 Section 10–739(a)(1) and (5) and 10–739.1(a)(1) and (5) 11
3030 Annotated Code of Maryland 12
3131 (2022 Replacement Volume and 2024 Supplement) 13
3232
3333 BY repealing and reenacting, with amendments, 14
3434 Article – Tax – General 15
3535 Section 10–739(b)(1) and 10–739.1(b)(1) 16
3636 Annotated Code of Maryland 17
3737 (2022 Replacement Volume and 2024 Supplement) 18
3838
3939 BY repealing and reenacting, with amendments, 19
4040 Chapter 675 of the Acts of the General Assembly of 2022 20
4141 Section 5 21
4242
4343 BY adding to 22
4444 Article – Health Occupations 23
4545 Section 8–206(b)(3) 24
4646 Annotated Code of Maryland 25
4747 (2021 Replacement Volume and 2024 Supplement) 26
4848 2 HOUSE BILL 496
4949
5050
5151 BY adding to 1
5252 Article – Tax – General 2
5353 Section 10–739 3
5454 Annotated Code of Maryland 4
5555 (2022 Replacement Volume and 2024 Supplement) 5
5656
5757 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5858 That the Laws of Maryland read as follows: 7
5959
6060 Article – Tax – General 8
6161
6262 10–739. 9
6363
6464 (a) (1) In this section the following words have the meanings indicated. 10
6565
6666 (5) “Preceptorship program” means an organized system of clinical 11
6767 experience that, for the purpose of attaining specified learning objectives, pairs a nurse 12
6868 practitioner student enrolled in a nursing education program that is recognized by the State 13
6969 Board of Nursing with a nurse practitioner or licensed physician who meets the 14
7070 qualifications as a preceptor. 15
7171
7272 (b) (1) Subject to the limitations of this section, a nurse practitioner or licensed 16
7373 physician may claim a credit against the State income tax in the amount stated on the tax 17
7474 credit certificate issued under subsection (c) of this section for the taxable year in which 18
7575 the nurse practitioner or licensed physician served without compensation as a preceptor in 19
7676 a preceptorship program approved by the State Board of Nursing and worked: 20
7777
7878 (i) a minimum of three rotations, each consisting of at least [100] 21
7979 90 hours of community–based clinical training; and 22
8080
8181 (ii) in an area of the State identified as having a health care 23
8282 workforce shortage by the Department, in consultation with the Governor’s Workforce 24
8383 Development Board. 25
8484
8585 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
8686 as follows: 27
8787
8888 Article – Tax – General 28
8989
9090 10–739.1. 29
9191
9292 (a) (1) In this section the following words have the meanings indicated. 30
9393
9494 (5) “Preceptorship program” means an organized system of clinical 31
9595 experience that, for the purpose of attaining specified learning objectives, pairs a licensed 32
9696 practical nurse or registered nurse student enrolled in a nursing education program that is 33 HOUSE BILL 496 3
9797
9898
9999 recognized by the State Board of Nursing with a licensed practical nurse, advanced practice 1
100100 registered nurse, or registered nurse who meets the qualifications as a preceptor. 2
101101
102102 (b) (1) Subject to the limitations of this section, a licensed practical nurse, 3
103103 advanced practice registered nurse, or registered nurse may claim a credit against the State 4
104104 income tax in the amount stated on the tax credit certificate issued under subsection (c) of 5
105105 this section for the taxable year in which the licensed practical nurse, advanced practice 6
106106 registered nurse, or registered nurse served without compensation as a preceptor in a 7
107107 preceptorship program approved by the State Board of Nursing and worked: 8
108108
109109 (i) a minimum of three rotations, each consisting of at least [100] 9
110110 90 hours of community–based clinical training; and 10
111111
112112 (ii) in an area of the State identified as having a health care 11
113113 workforce shortage by the Department, in consultation with the Governor’s Workforce 12
114114 Development Board. 13
115115
116116 Chapter 675 of the Acts of 2022 14
117117
118118 SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 15
119119 effect July 1, 2022, and shall be applicable to all taxable years beginning after December 16
120120 31, 2021[, but before January 1, 2025. Section 2 of this Act shall remain effective for a 17
121121 period of 3 years and, at the end of June 30, 2025, Section 2 of this Act, with no further 18
122122 action required by the General Assembly, shall be abrogated and of no further force and 19
123123 effect]. 20
124124
125125 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
126126 as follows: 22
127127
128128 Article – Health Occupations 23
129129
130130 8–206. 24
131131
132132 (b) (3) (I) IN ADDITION TO THE FE E SET BY THE BOARD UNDER THIS 25
133133 TITLE FOR THE RENEWA L OF A NURSE PRACTITIONER WHO HOL DS AN ADVANCED 26
134134 PRACTICE REGISTERED NURSE CERTIFICATION , THE BOARD SHALL ASSESS A 27
135135 SEPARATE $15 FEE FOR THE RENEWAL OF THE NURSE PRACTIT IONER, REGARDLESS 28
136136 OF THE NUMBER OF CER TIFICATIONS HELD BY THE NURSE PRACTITION ER. 29
137137
138138 (II) THE BOARD SHALL PAY THE FEE COL LECTED UNDER 30
139139 SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE NURSE PRACTITIONER 31
140140 PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R § 10–739 OF THE TAX – 32
141141 GENERAL ARTICLE. 33
142142
143143 SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
144144 as follows: 35 4 HOUSE BILL 496
145145
146146
147147
148148 Article – Tax – General 1
149149
150150 10–739. 2
151151
152152 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
153153 INDICATED. 4
154154
155155 (2) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF 5
156156 HEALTH. 6
157157
158158 (3) “LICENSED PHYSICIAN ” MEANS AN INDIVIDUAL WHO IS LICENSED 7
159159 TO PRACTICE MEDICINE UNDER TITLE 14 OF THE HEALTH OCCUPATIONS ARTICLE. 8
160160
161161 (4) “NURSE PRACTITIONER ” HAS THE MEANING STAT ED IN § 8–101 9
162162 OF THE HEALTH OCCUPATIONS ARTICLE. 10
163163
164164 (5) “PRECEPTORSHIP PROGRAM ” MEANS AN ORGANIZED S YSTEM OF 11
165165 CLINICAL EXPERIENCE THAT, FOR THE PURPOS E OF ATTAINING SPECI FIED 12
166166 LEARNING OBJECTIVES , PAIRS A NURSE PRACTI TIONER STUDENT ENROL LED IN A 13
167167 NURSING EDUCATION PR OGRAM THAT IS RECOGN IZED BY THE STATE BOARD OF 14
168168 NURSING WITH A NURSE PRACTITIONER OR LICE NSED PHYSICIAN WHO M EETS THE 15
169169 QUALIFICATIONS AS A PRECEPTOR. 16
170170
171171 (B) (1) SUBJECT TO THE LIMITA TIONS OF THIS SECTIO N, A NURSE 17
172172 PRACTITIONER OR LICE NSED PHYSICIAN MAY C LAIM A CREDIT AGAINS T THE STATE 18
173173 INCOME TAX IN THE AM OUNT STATED ON THE T AX CREDIT CERTIFICAT E ISSUED 19
174174 UNDER SUBSECTION (C) OF THIS SECTION FOR THE TAXABLE YEAR IN WHICH THE 20
175175 NURSE PRACTITIONER O R LICENSED PHYSICIAN SERVED WITHOUT COMPE NSATION 21
176176 AS A PRECEPTOR IN A PRECEPTORSHIP PROGRA M APPROVED BY THE STATE BOARD 22
177177 OF NURSING AND WORKED : 23
178178
179179 (I) A MINIMUM OF THREE R OTATIONS, EACH CONSISTING OF A T 24
180180 LEAST 90 HOURS OF COMMUNITY –BASED CLINICAL TRAIN ING; AND 25
181181
182182 (II) IN AN AREA OF THE STATE IDENTIFIED AS H AVING A 26
183183 HEALTH CARE WORKFORC E SHORTAGE BY THE DEPARTMENT , IN CONSULTATION 27
184184 WITH THE GOVERNOR’S WORKFORCE DEVELOPMENT BOARD. 28
185185
186186 (2) (I) THE TOTAL AMOUNT OF T HE CREDIT ALLOWED UNDER T HIS 29
187187 SECTION FOR ANY TAXA BLE YEAR MAY NOT EXC EED THE STATE INCOME TAX 30
188188 IMPOSED FOR THAT TAX ABLE YEAR. 31
189189 HOUSE BILL 496 5
190190
191191
192192 (II) ANY UNUSED AMOUNT OF THE CREDIT FOR ANY T AXABLE 1
193193 YEAR MAY NOT BE CARR IED OVER TO ANY OTHE R TAXABLE YEAR . 2
194194
195195 (C) (1) ON APPLICATIO N BY A NURSE PRACTIT IONER OR LICENSED 3
196196 PHYSICIAN, THE DEPARTMENT SHALL ISSU E A CREDIT CERTIFICA TE IN THE 4
197197 AMOUNT OF $1,000 FOR EACH NURSE PRACT ITIONER STUDENT ROTA TION OF THE 5
198198 MINIMUM NUMBER OF HO URS REQUIRED UNDER S UBSECTION (B)(1)(I) OF THIS 6
199199 SECTION FOR WHI CH THE NURSE PRACTIT IONER OR LICENSED PH YSICIAN SERVED 7
200200 AS A PRECEPTOR WITHO UT COMPENSATION . 8
201201
202202 (2) THE APPLICATION SHALL CONTAIN: 9
203203
204204 (I) THE NAME OF THE NURS E PRACTITIONER OR LI CENSED 10
205205 PHYSICIAN; 11
206206
207207 (II) INFORMATION IDENTIFY ING THE PRECEPTORSHI P IN 12
208208 WHICH THE NURSE PRACTITION ER OR LICENSED PHYSI CIAN PARTICIPATED ; 13
209209
210210 (III) THE NUMBER AND NAMES OF THE NURSE PRACTIT IONER 14
211211 STUDENTS FOR WHOM TH E INDIVIDUAL SERVED AS A PRECEPTOR WITHO UT 15
212212 COMPENSATION ; AND 16
213213
214214 (IV) ANY OTHER INFORMATIO N THAT THE DEPARTMENT 17
215215 REQUIRES. 18
216216
217217 (3) FOR ANY TAXABLE YEAR , THE AMOUNT OF TAX CR EDIT STATED IN 19
218218 THE TAX CREDIT CERTI FICATE MAY NOT EXCEE D $10,000. 20
219219
220220 (4) THE DEPARTMENT SHALL : 21
221221
222222 (I) APPROVE ALL APPLICAT IONS THAT QUALIFY FO R A TAX 22
223223 CREDIT CERTIFICATE U NDER THIS SUBSECTION ON A FIRST–COME, FIRST–SERVED 23
224224 BASIS; AND 24
225225
226226 (II) NOTIFY A TAXPAYER WI THIN 45 DAYS OF RECEIPT OF T HE 25
227227 TAXPAYER’S APPLICATION OF ITS APPROVAL OR DENIAL . 26
228228
229229 (5) (I) FOR EACH TAXABLE YEAR , THE TOTAL AMOUNT OF TAX 27
230230 CREDIT CERTIFICATES THAT MAY BE ISSUED B Y THE DEPARTMENT UNDER THIS 28
231231 SECTION MAY NOT EXCE ED THE LESSER OF : 29
232232
233233 1. THE TOTAL FUNDS IN T HE NURSE PRACTITIONER 30
234234 PRECEPTORSHIP TAX CREDIT FUND FOR THAT YEAR ; OR 31 6 HOUSE BILL 496
235235
236236
237237
238238 2. $100,000. 1
239239
240240 (II) IF THE AGGREGATE AMOU NT OF TAX CREDIT CER TIFICATES 2
241241 ISSUED UNDER THIS SE CTION DURING A TAXABLE YEA R TOTAL LESS THAN TH E 3
242242 AMOUNT AUTHORIZED UN DER THIS PARAGRAPH , ANY EXCESS AMOUNT MA Y BE 4
243243 ISSUED UNDER TAX CRE DIT CERTIFICATES IN THE NEXT TAXABLE YEA R. 5
244244
245245 (D) (1) IN THIS SECTION , “FUND” MEANS THE NURSE PRACTITIONER 6
246246 PRECEPTORSHIP TAX CREDIT FUND ESTABLISHED UNDE R PARAGRAPH (2) OF THIS 7
247247 SUBSECTION. 8
248248
249249 (2) THERE IS A NURSE PRACTITIONER PRECEPTORSHIP TAX CREDIT 9
250250 FUND. 10
251251
252252 (3) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 11
253253
254254 (4) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS OF THE TAX 12
255255 CREDIT AVAILABLE UNDER THIS SECTION. 13
256256
257257 (5) THE FUND IS A SPECIAL CON TINUING, NONLAPSING FUND THAT 14
258258 IS NOT SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
259259
260260 (6) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
261261 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
262262
263263 (7) THE FUND CONSISTS OF : 18
264264
265265 (I) REVENUE DISTRIBUTED TO THE FUND UNDER § 8–206 OF 19
266266 THE HEALTH OCCUPATIONS ARTICLE; 20
267267
268268 (II) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 21
269269 FUND; AND 22
270270
271271 (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 23
272272 FOR THE BENEFIT OF TH E FUND. 24
273273
274274 (8) THE MONEY IN THE FUND SHALL BE INVESTE D AND REINVESTED 25
275275 BY THE STATE TREASURER, AND INTEREST AND EAR NINGS SHALL BE CREDI TED TO 26
276276 THE GENERAL FUND OF THE STATE. 27
277277
278278 (9) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS PARA GRAPH, 28
279279 MONEY CREDITED OR APPROPRI ATED TO THE FUND SHALL REMAIN IN THE FUND. 29 HOUSE BILL 496 7
280280
281281
282282
283283 (II) 1. WITHIN 15 DAYS AFTER THE END O F EACH CALENDAR 1
284284 QUARTER, THE DEPARTMENT SHALL NOTI FY THE COMPTROLLER AS TO EAC H 2
285285 CREDIT CERTIFICATE I SSUED DURING THE QUA RTER. 3
286286
287287 2. ON NOTIFICATION THAT A CREDIT CERTIF ICATE HAS 4
288288 BEEN ISSUED BY THE DEPARTMENT , THE COMPTROLLER SHALL TRA NSFER AN 5
289289 AMOUNT EQUAL TO THE CREDIT AMOUNT STATED IN THE TAX CREDIT CE RTIFICATE 6
290290 FROM THE FUND TO THE GENERAL FUND OF THE STATE. 7
291291
292292 (E) ON OR BEFORE JANUARY 31 EACH TAXABLE YEAR, THE DEPARTMENT 8
293293 SHALL: 9
294294
295295 (1) REPORT TO THE COMPTROLLER ON THE TA X CREDIT 10
296296 CERTIFICATES ISSUED UNDER THIS SECTION D URING THE PRIOR TAXA BLE YEAR; 11
297297 AND 12
298298
299299 (2) REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 13
300300 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE UTILIZATION O F THE 14
301301 CREDIT ESTABLISHED U NDER THIS SECTION . 15
302302
303303 (F) THE DEPARTMENT , IN CONSULTATION WITH THE GOVERNOR’S 16
304304 WORKFORCE DEVELOPMENT BOARD, SHALL ADOPT REGULATI ONS TO CARRY OUT 17
305305 THE PROVISIONS OF TH IS SECTION, INCLUDING THE CRITER IA AND PROCEDUR ES 18
306306 FOR APPLICATION FOR , APPROVAL OF , AND MONITORING ELIGI BILITY FOR THE TAX 19
307307 CREDIT AUTHORIZED UN DER THIS SECTION . 20
308308
309309 SECTION 5. AND BE IT FURTHER ENACTED, That : 21
310310
311311 (a) Section 1 of this Act shall be applicable to the taxable year beginning after 22
312312 December 31, 2024, but before January 1, 2026. 23
313313
314314 (b) Section 2 of this Act shall be applicable to all taxable years beginning after 24
315315 December 31, 2024. 25
316316
317317 (c) Subject to the provisions of Section 6 of this Act, Section 4 of this Act shall be 26
318318 applicable to all taxable years beginning after December 31, 2025. 27
319319
320320 SECTION 6. AND BE IT FURTHER ENACTED, That Sections 3 and 4 of this Act 28
321321 shall take effect on the taking effect of the termination provision specified in Section 2 of 29
322322 Chapters 385 and 386 of the Acts of the General Assembly of 2016, as amended by Section 30
323323 3 of Chapters 153 and 154 of the Acts of the General Assembly of 2021. If that termination 31
324324 provision takes effect, Section 1 of this Act, with no further action required by the General 32
325325 Assembly, shall be abrogated and of no further force and effect. This Act may not be 33
326326 interpreted to have any effect on that termination provision. 34 8 HOUSE BILL 496
327327
328328
329329
330330 SECTION 7. AND BE IT FURTHER ENACTED, That , subject to the provisions of 1
331331 Section 6 of this Act, this Act shall take effect July 1, 2025. 2