Maryland 2025 Regular Session

Maryland House Bill HB664 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0664
10	9
11	10		HOUSE BILL 664
12		-	J2 (5lr2626)
13		-	ENROLLED BILL
14		-	— Health and Government Operations/Finance —
15		-	Introduced by Delegate Terrasa
	11	+	J2 5lr2626
16	12
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at _________________ _______ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	Speaker.
	13	+	By: Delegate Terrasa
	14	+	Introduced and read first time: January 24, 2025
	15	+	Assigned to: Health and Government Operations
	16	+	Committee Report: Favorable
	17	+	House action: Adopted
	18	+	Read second time: February 27, 2025
30	19
31	20		CHAPTER ______
32	21
33	22		AN ACT concerning 1
34	23
35	24		Health Occupations – Licensed Direct–Entry Midwives – Disciplinary Actions 2
36	25
37	26		FOR the purpose of clarifying the actions that the State Board of Nursing may take if an 3
38	27		applicant for a license to practice direct–entry midwifery or a licensed direct–entry 4
39	28		midwife violates a ground for discipline; and generally relating to licensed 5
40	29		direct–entry midwives. 6
41	30
42	31		BY repealing and reenacting, with amendments, 7
43	32		Article – Health Occupations 8
44	33		Section 8–6C–20(a) 9
45	34		Annotated Code of Maryland 10
46	35		(2021 Replacement Volume and 2024 Supplement) 11
47	36
48	37		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 12
49		-	That the Laws of Maryland read as follows: 13 2 HOUSE BILL 664
	38	+	That the Laws of Maryland read as follows: 13
	39	+
	40	+	Article – Health Occupations 14
	41	+
	42	+	8–6C–20. 15
	43	+
	44	+	(a) Subject to the hearing provisions of § 8–317 of this title, the Board may deny 16
	45	+	a license OR GRANT A LICENSE , INCLUDING A LICENSE SUBJECT TO A REPRIMA ND, 17
	46	+	PROBATION, OR SUSPENSION , to [an] ANY applicant, reprimand [a] ANY licensee, place 18
	47	+	[a] ANY licensee on probation, or suspend or revoke [a] THE license OF A LICENSEE if the 19
	48	+	applicant or licensee: 20 2 HOUSE BILL 664
50	49
51	50
52	51
53		-	Article – Health Occupations 1
	52	+	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
	53	+	the applicant or for another; 2
54	54
55		-	~~8–6C–20.~~ 2
	55	+	(2) Fraudulently or deceptively uses a license; 3
56	56
57		-	(a) Subject to the hearing provisions of § 8–317 of this title, the Board may deny 3
58		-	a license OR GRANT A LICENSE , INCLUDING A LICENSE SUBJECT TO A REPRIMA ND, 4
59		-	PROBATION, OR SUSPENSION , to [an] ANY applicant, reprimand [a] ANY licensee, place 5
60		-	[a] ANY licensee on probation, or suspend or revoke [a] THE license OF A LICENSEE if the 6
61		-	applicant or licensee: 7
	57	+	(3) Is disciplined by a licensing, military, or disciplinary authority in the 4
	58	+	State or in any other state or country or is convicted or disciplined by a court in the State 5
	59	+	or in any other state or country for an act that would be grounds for disciplinary action 6
	60	+	under the Board’s disciplinary statutes; 7
62	61
63		-	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 8
64		-	the applicant or for another; 9
	62	+	(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 8
	63	+	crime involving moral turpitude, whether or not any appeal or other proceeding is pending 9
	64	+	to have the conviction or plea set aside; 10
65	65
66		-	(2) ~~Fraudulently or deceptively uses a license; 10~~
	66	+	(5) Willfully and knowingly: 11
67	67
68		-	(3) Is disciplined by a licensing, military, or disciplinary authority in the 11
69		-	State or in any other state or country or is convicted or disciplined by a court in the State 12
70		-	or in any other state or country for an act that would be grounds for disciplinary action 13
71		-	under the Board’s disciplinary statutes; 14
	68	+	(i) Files a false report or record of an individual under the licensee’s 12
	69	+	care; 13
72	70
73		-	(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 15
74		-	crime involving moral turpitude, whether or not any appeal or other proceeding is pending 16
75		-	to have the conviction or plea set aside; 17
	71	+	(ii) Gives any false or misleading information about a material 14
	72	+	matter in an employment application; 15
76	73
77		-	(5) ~~Willfully and knowingly:~~ 18
	74	+	(iii) Fails to file or record any health record that is required by law; 16
78	75
79		-	(i) ~~Files a false report~~ or ~~record~~ of ~~an individual under the licensee’s 19~~
80		-	~~care~~; 20
	76	+	(iv) Obstructs the filing or recording of any health record as required 17
	77	+	by law; or 18
81	78
82		-	(ii) ~~Gives~~ any ~~false or misleading information about a material 21~~
83		-	~~matter in an employment application~~; 22
	79	+	(v) Induces another person to fail to file or record any health record 19
	80	+	as required by law; 20
84	81
85		-	(iii) Fails to file or record any health record that is required by law; 23
	82	+	(6) Knowingly does any act that has been determined by the Board, in its 21
	83	+	regulations, to exceed the scope of practice authorized to the individual under this subtitle; 22
86	84
87		-	(iv) Obstructs the filing or recording of any health record as required 24
88		-	by law; or 25
	85	+	(7) Provides professional services while: 23
89	86
90		-	(v) Induces another person to fail to file or record any health record 26
91		-	as required by law; 27
	87	+	(i) Under the influence of alcohol; or 24
92	88
93		-	(6) Knowingly does any act that has been determined by the Board, in its 28
94		-	regulations, to exceed the scope of practice authorized to the individual under this subtitle; 29
	89	+	(ii) Using any narcotic or controlled dangerous substance, as defined 25
	90	+	in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 26
	91	+	amounts or without valid medical indication; 27
95	92
96		-	(7) Provides professional services while: 30
	93	+	(8) Does an act that is inconsistent with generally accepted professional 28
	94	+	standards in the practice of direct–entry midwifery; 29
	95	+
	96	+	(9) Is grossly negligent in the practice of direct–entry midwifery; 30
97	97		HOUSE BILL 664 3
98	98
99	99
100		-	(i) ~~Under the influence~~ of ~~alcohol~~; or 1
	100	+	(10) Has violated any provision of this title; 1
101	101
102		-	(ii) Using any narcotic or controlled dangerous substance, as defined 2
103		-	in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 3
104		-	amounts or without valid medical indication; 4
	102	+	(11) Submits a false statement to collect a fee; 2
105	103
106		-	(8) Does an act that is inconsistent with generally accepted professional 5
107		-	standards in the practice of direct–entry midwifery; 6
	104	+	(12) Is physically or mentally incompetent; 3
108	105
109		-	(9) Is grossly negligent in the practice of direct–entry midwifery; 7
	106	+	(13) Knowingly fails to report suspected child abuse in violation of § 5–704 4
	107	+	of the Family Law Article; 5
110	108
111		-	(10) Has violated any provision of this title; 8
	109	+	(14) Except in an emergency life–threatening situation where it is not 6
	110	+	feasible or practicable, fails to comply with the Centers for Disease Control and 7
	111	+	Prevention’s guidelines on universal precautions; 8
112	112
113		-	(11) Submits a false statement to collect a fee; 9
	113	+	(15) Is in independent practice and fails to display the notice required under 9
	114	+	§ 8–6C–23 of this subtitle; 10
114	115
115		-	(12) Is ~~physically or mentally incompetent~~; 10
	116	+	(16) Is habitually intoxicated; 11
116	117
117		-	(13) ~~Knowingly fails~~ to ~~report suspected child abuse in violation of § 5–704 11~~
118		-	of the ~~Family~~ Law Article; 12
	118	+	(17) Is addicted to, or habitually abuses, any narcotic or controlled 12
	119	+	dangerous substance as defined in § 5–101 of the Criminal Law Article; 13
119	120
120		-	(14) Except in an emergency life–threatening situation where it is not 13
121		-	feasible or practicable, fails to comply with the Centers for Disease Control and 14
122		-	Prevention’s guidelines on universal precautions; 15
	121	+	(18) Fails to cooperate with a lawful investigation conducted by the Board; 14
123	122
124		-	(15) Is ~~in independent practice and fails~~ to ~~display the notice required under 16~~
125		-	§ 8–~~6C–23~~ of this ~~subtitle~~; 17
	123	+	(19) Is expelled from the rehabilitation program established pursuant to § 15
	124	+	8–208 of this title for failure to comply with the conditions of the program; 16
126	125
127		-	(16) ~~Is habitually intoxicated~~; 18
	126	+	(20) Engages in conduct that violates the professional code of ethics; 17
128	127
129		-	(17) Is addicted to, or habitually abuses, any narcotic or controlled 19
130		-	dangerous substance as defined in § 5–101 of the Criminal Law Article; 20
	128	+	(21) Is professionally incompetent; 18
131	129
132		-	(18) Fails to cooperate with a lawful investigation conducted by the Board; 21
	130	+	(22) Practices direct–entry midwifery without a license, before obtaining or 19
	131	+	renewing a license, including any period when the license has lapsed; 20
133	132
134		-	(19) ~~Is expelled from the rehabilitation program established pursuant~~ to ~~§ 22~~
135		-	~~8–208 of~~ this ~~title for failure to comply with the conditions of the program~~; 23
	133	+	(23) After failing to renew a license or after a license has lapsed, commits 21
	134	+	any act that would be grounds for disciplinary action under this section; 22
136	135
137		-	(20) ~~Engages in conduct that~~ violates the ~~professional code of ethics~~; 24
	136	+	(24) Violates regulations adopted by the Board or an order from the Board; 23
138	137
139		-	(21) Is ~~professionally incompetent~~; 25
	138	+	(25) Performs an act that is beyond the licensee’s knowledge and skills; 24
140	139
141		-	(22) ~~Practices direct–entry midwifery without~~ a ~~license, before obtaining or 26~~
142		-	~~renewing a license,~~ ~~including any period when the license has lapsed~~; 27
	140	+	(26) Fails to submit to a criminal history records check in accordance with § 25
	141	+	8–303 of this title; 26
143	142
144		-	(23) After failing to renew a license or after a license has lapsed, commits 28
145		-	any act that would be grounds for disciplinary action under this section; 29
	143	+	(27) When acting in a supervisory position, directs another licensed 27
	144	+	direct–entry midwife to perform an act that is beyond the licensed direct–entry midwife’s 28
	145	+	knowledge and skills; or 29
146	146		4 HOUSE BILL 664
147	147
148	148
149		-	(24) ~~Violates regulations adopted by the Board or an order from the Board;~~ 1
	149	+	(28) Fails to file a report required under this subtitle. 1
150	150
151		-	(25) Performs an act that is beyond the licensee’s knowledge and skills; 2
	151	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
	152	+	October 1, 2025. 3
152	153
153		-	(26) Fails to submit to a criminal history records check in accordance with § 3
154		-	8–303 of this title; 4
155		-
156		-	(27) When acting in a supervisory position, directs another licensed 5
157		-	direct–entry midwife to perform an act that is beyond the licensed direct–entry midwife’s 6
158		-	knowledge and skills; or 7
159		-
160		-	(28) Fails to file a report required under this subtitle. 8
161		-
162		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
163		-	October 1, 2025. 10
164	154
165	155
166	156
167	157		Approved:
168	158		________________________________________________________________________________
169	159		Governor.
170	160		________________________________________________________________________________
171	161		Speaker of the House of Delegates.
172	162		________________________________________________________________________________
173	163		President of the Senate.