EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0664* HOUSE BILL 664 J2 5lr2626 By: Delegate Terrasa Introduced and read first time: January 24, 2025 Assigned to: Health and Government Operations Committee Report: Favorable House action: Adopted Read second time: February 27, 2025 CHAPTER ______ AN ACT concerning 1 Health Occupations – Licensed Direct–Entry Midwives – Disciplinary Actions 2 FOR the purpose of clarifying the actions that the State Board of Nursing may take if an 3 applicant for a license to practice direct–entry midwifery or a licensed direct–entry 4 midwife violates a ground for discipline; and generally relating to licensed 5 direct–entry midwives. 6 BY repealing and reenacting, with amendments, 7 Article – Health Occupations 8 Section 8–6C–20(a) 9 Annotated Code of Maryland 10 (2021 Replacement Volume and 2024 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 12 That the Laws of Maryland read as follows: 13 Article – Health Occupations 14 8–6C–20. 15 (a) Subject to the hearing provisions of § 8–317 of this title, the Board may deny 16 a license OR GRANT A LICENSE , INCLUDING A LICENSE SUBJECT TO A REPRIMA ND, 17 PROBATION, OR SUSPENSION , to [an] ANY applicant, reprimand [a] ANY licensee, place 18 [a] ANY licensee on probation, or suspend or revoke [a] THE license OF A LICENSEE if the 19 applicant or licensee: 20 2 HOUSE BILL 664 (1) Fraudulently or deceptively obtains or attempts to obtain a license for 1 the applicant or for another; 2 (2) Fraudulently or deceptively uses a license; 3 (3) Is disciplined by a licensing, military, or disciplinary authority in the 4 State or in any other state or country or is convicted or disciplined by a court in the State 5 or in any other state or country for an act that would be grounds for disciplinary action 6 under the Board’s disciplinary statutes; 7 (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 8 crime involving moral turpitude, whether or not any appeal or other proceeding is pending 9 to have the conviction or plea set aside; 10 (5) Willfully and knowingly: 11 (i) Files a false report or record of an individual under the licensee’s 12 care; 13 (ii) Gives any false or misleading information about a material 14 matter in an employment application; 15 (iii) Fails to file or record any health record that is required by law; 16 (iv) Obstructs the filing or recording of any health record as required 17 by law; or 18 (v) Induces another person to fail to file or record any health record 19 as required by law; 20 (6) Knowingly does any act that has been determined by the Board, in its 21 regulations, to exceed the scope of practice authorized to the individual under this subtitle; 22 (7) 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 other drug that is in excess of therapeutic 26 amounts or without valid medical indication; 27 (8) Does an act that is inconsistent with generally accepted professional 28 standards in the practice of direct–entry midwifery; 29 (9) Is grossly negligent in the practice of direct–entry midwifery; 30 HOUSE BILL 664 3 (10) Has violated any provision of this title; 1 (11) Submits a false statement to collect a fee; 2 (12) Is physically or mentally incompetent; 3 (13) Knowingly fails to report suspected child abuse in violation of § 5–704 4 of the Family Law Article; 5 (14) Except in an emergency life–threatening situation where it is not 6 feasible or practicable, fails to comply with the Centers for Disease Control and 7 Prevention’s guidelines on universal precautions; 8 (15) Is in independent practice and fails to display the notice required under 9 § 8–6C–23 of this subtitle; 10 (16) Is habitually intoxicated; 11 (17) Is addicted to, or habitually abuses, any narcotic or controlled 12 dangerous substance as defined in § 5–101 of the Criminal Law Article; 13 (18) Fails to cooperate with a lawful investigation conducted by the Board; 14 (19) Is expelled from the rehabilitation program established pursuant to § 15 8–208 of this title for failure to comply with the conditions of the program; 16 (20) Engages in conduct that violates the professional code of ethics; 17 (21) Is professionally incompetent; 18 (22) Practices direct–entry midwifery without a license, before obtaining or 19 renewing a license, including any period when the license has lapsed; 20 (23) After failing to renew a license or after a license has lapsed, commits 21 any act that would be grounds for disciplinary action under this section; 22 (24) Violates regulations adopted by the Board or an order from the Board; 23 (25) Performs an act that is beyond the licensee’s knowledge and skills; 24 (26) Fails to submit to a criminal history records check in accordance with § 25 8–303 of this title; 26 (27) When acting in a supervisory position, directs another licensed 27 direct–entry midwife to perform an act that is beyond the licensed direct–entry midwife’s 28 knowledge and skills; or 29 4 HOUSE BILL 664 (28) Fails to file a report required under this subtitle. 1 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 October 1, 2025. 3 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.