Maryland 2025 Regular Session

Maryland House Bill HB776 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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0776
9	6
10	7		HOUSE BILL 776
11	8		J2 5lr1718
12	9		CF SB 423
13		-	By: Delegate Pena–Melnyk Delegates Pena–Melnyk, Alston, Bagnall, Bhandari,
14		-	Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
15		-	Kipke, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Ross, Szeliga,
16		-	Taveras, White Holland, Woods, and Woorman
	10	+	By: Delegate Pena–Melnyk
17	11		Introduced and read first time: January 29, 2025
18	12		Assigned to: Health and Government Operations
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 6, 2025
22		-
23		-	CHAPTER ______
	13	+
	14	+	A BILL ENTITLED
24	15
25	16		AN ACT concerning 1
26	17
27	18		Maryland Medical Practice Act and Maryland Physician Assistants Act – 2
28	19		Revisions 3
29	20
30	21		FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 4
31	22		and making language consistent across certain provisions of law governing the State 5
32	23		Board of Physicians and the regulation of physicians, physician assistants, and allied 6
33	24		health professionals; altering certain licensure requirements; altering physician, 7
34	25		physician assistant, and allied health professional licensure exceptions for 8
35	26		individuals in the service of the federal government; altering the grounds for 9
36	27		discipline for physicians, physician assistants, and allied health professionals; 10
37	28		altering certain disciplinary procedures; altering the duties and power of the Board, 11
38	29		disciplinary panels, and the allied health advisory committees; authorizing the 12
39	30		Board to impose certain administrative penalties under certain circumstances; 13
40	31		altering, establishing, and repealing certain reporting and not ification 14
41		-	requirements; authorizing the Board to impose a civil penalty for a certain report 15
42		-	made in bad faith; establishing certain membership requirements, term limits, and 16
43		-	the quorums for the allied health advisory committees; altering and establishing 17
44		-	prohibitions related to the employment of unlicensed individuals; altering certain 18
45		-	fines; and generally relating to the State Board of Physicians and the regulation of 19
46		-	physicians, physician assistants, and allied health professionals. 20
47		-
48		-	BY repealing and reenacting, with amendments, 21 2 HOUSE BILL 776
49		-
50		-
51		-	Article – Health Occupations 1
52		-	Section 14–101, 14–205(b)(2) and (3) and (c), 14–206(d) and (e), 14–207, 2
53		-	14–302(2)(iii)4. and (3), 14–306(g)(1)(iii)2., 14–307(e) and (h), 14–308, 14–309, 3
54		-	14–315(b), 14–316(a)(3), (b)(1), (c)(1), (d)(1), and (f), 14–317, 14–3A–01 Section 4
55		-	5(f),14–401(a), 14–401.1(a)(5) and (f), 14–402, 14–403(a), 14–404(a)(4), (19), 5
56		-	(25), (37), (38), (45), and (46), 14–405(a), 14–409(a), 14–411, 14–411.1(c) and 6
57		-	(d)(2), 14–413, 14–5A–01(c), 14–5A–05, 14–5A–06, 14–5A–07, 14–5A–08(b)(1), 7
58		-	14–5A–14(a), 14–5A–17(a)(3), (4), (14), (15), (19), and (21), 14–5A–18(c)(1) and 8
59		-	(g)(1) 14–5A–18, 14–5A–22.1(c) 14–5A–22.1(b) and (c), 14–5A–23, 14–5B–05, 9
60		-	14–5B–06, 14–5B–08(b)(1), 14–5B–11, 14–5B–12.1(a), 14–5B–14(a)(3), (4), 10
61		-	(14), (15), (19), and (21), 14–5B–15(c)(1) and (g)(1) 14–5B–15, 14–5B–18.1(c) 11
62		-	14–5B–18.1(b) and (c), 14–5B–19, 14–5C–01(c), 14–5C–05, 14–5C–06, 12
63		-	14–5C–07, 14–5C–08(b) and (c), 14–5C–14.1(a), 14–5C–17(a)(3), (4), (14), (15), 13
64		-	(16), (20), and (22), 14–5C–18(c)(1) and (g)(1) 14–5C–18, 14–5C–22.1(b), 14
65		-	14–5C–23, 14–5D–05, 14–5D–06, 14–5D–07(b)(1), 14–5D–10(a), 15
66		-	14–5D–11.1(c) 14–5D–11.1(b) and (c), 14–5D–12.1(a), 14–5D–14(a)(3), (4), 16
67		-	(14), (15), (19), and (21), 14–5E–06, 14–5E–07, 14–5E–08(b), 14–5E–14(a)(1), 17
68		-	14–5E–16(a)(3), (4), (14), (15), (16), (20), and (22), 14–5E–18(c)(1) and (g)(1) 18
69		-	14–5E–18, 14–5F–07, 14–5F–08, 14–5F–10(b)(1), 14–5F–12, 14–5F–15.1(a), 19
70		-	14–5F–18(a)(2), (19), and (21), 14–5F–19, 14–5F–25, 14–5G–06, 14–5G–07, 20
71		-	14–5G–08(b)(1), 14–5G–09, 14–5G–15(a), 14–5G–18(a)(3), (4), (14), (15), (16), 21
72		-	(17), (21), and (23), 14–5G–20(c)(1) and (g)(1) 14–5G–20, 14–5G–26(c) 22
73		-	14–5G–26(b) and (c), 14–5G–27, 14–602(b)(3), 14–606(a)(3), 15–103(b)(3), 23
74		-	(e)(1), and (i)(1) 15–103, 15–202, 15–205, 15–206(c), 15–301(f)(2), 15–302(a) 24
75		-	and (j), 15–302.1(g), 15–302.2(a), 15–303(a)(5), 15–309(b)(1), 15–314(a)(4), 25
76		-	(19), (25), (37), (38), (46), and (47), and 15–402.1(c) 15–402.1(b) and (c) 26
77		-	Annotated Code of Maryland 27
78		-	(2021 Replacement Volume and 2024 Supplement) 28
79		-
80		-	BY repealing 29
81		-	Article – Health Occupations 30
82		-	Section 14–101.1, 14–414, 14–5C–10, 14–5F–20, 14–5F–21(f), and 15–302.2(d) 31
83		-	Annotated Code of Maryland 32
84		-	(2021 Replacement Volume and 2024 Supplement) 33
85		-
86		-	BY adding to 34
87		-	Article – Health Occupations 35
88		-	Section 14–205(d) and (e), 14–208, 14–404(a)(47), 14–414, 14–5D–11.5, 14–5E–22.1, 36
89		-	14–5F–12.1, 14–5F–12.2, 14–5F–20, and 15–314(a)(48) 37
90		-	Annotated Code of Maryland 38
91		-	(2021 Replacement Volume and 2024 Supplement) 39
92		-
93		-	BY repealing and reenacting, without amendments, 40
94		-	Article – Health Occupations 41
95		-	Section 14–5A–01(a), 14–5A–22.1(a) and (b), 14–5B–18.1(a) and (b) 14–5B–18.1(a), 42
96		-	14–5C–01(a), 14–5D–04, 14–5E–05, 14–5F–06, 14–5G–05, 14–5G–26(a) and 43
97		-	(b), 15–103(e)(2), 15–201(a), and 15–402.1(a) and (b) 44 HOUSE BILL 776 3
98		-
99		-
100		-	Annotated Code of Maryland 1
101		-	(2021 Replacement Volume and 2024 Supplement) 2
102		-
103		-	SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND, 3
104		-	That the Laws of Maryland read as follows: 4
105		-
106		-	Article – Health Occupations 5
107		-
108		-	14–101. 6
109		-
110		-	(a) In this title the following words have the meanings indicated. 7
111		-
112		-	(A–1) “ADVISORY COMMITTEE ” MEANS A COMMITTEE AP POINTED BY THE 8
113		-	BOARD THAT INCL UDES MEMBERS OF A PR OFESSION REGULATED U NDER THIS 9
114		-	TITLE OR TITLE 15 OF THIS ARTICLE AND FORMED TO: 10
115		-
116		-	(1) FURTHER THE BOARD’S REGULATION OF APPL ICANTS AND 11
117		-	LICENSEES OF THE REG ULATED PROFESSION ; 12
118		-
119		-	(2) ASSIST THE BOARD IN PROTECTING T HE HEALTH, SAFETY, AND 13
120		-	WELFARE OF THE PUBLI C; AND 14
121		-
122		-	(3) MAKE RECOMMENDATIONS ABOUT THE REGULATED PROFESSION 15
123		-	TO THE BOARD ON REQUEST . 16
124		-
125		-	[(a–1)] (A–2) “Allied health professional” means an individual licensed by the 17
126		-	Board under Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, OR 5G of this title or Title 15 of this 18
127		-	article. 19
128		-
129		-	(A–3) “ALTERNATIVE HEALTH SY STEM” HAS THE MEANING STAT ED IN § 1–401 20
130		-	OF THIS ARTICLE. 21
131		-
132		-	(A–4) “APPLICANT” MEANS, UNLESS THE CONTEXT R EQUIRES OTHERWISE , AN 22
133		-	INDIVIDUAL APPLYING FOR INITIAL LICENSUR E, RENEWAL, OR REINSTATEMENT AS 23
134		-	A PHYSICIAN OR AN AL LIED HEALTH PROFESSI ONAL IN THE STATE. 24
135		-
136		-	(b) “Board” means the State Board of Physicians. 25
137		-
138		-	(c) “Board certified” means the physician is certified by a public or private board, 26
139		-	including a multidisciplinary board, and the certifying board: 27
140		-
141		-	(1) Is: 28
142		-
143		-	(i) A member of the American Board of Medical Specialties; 29
144		-
145		-	(ii) An American Osteopathic Association certifying board; 30 4 HOUSE BILL 776
146		-
147		-
148		-
149		-	(iii) The Royal College of Physicians and Surgeons of Canada; or 1
150		-
151		-	(iv) The College of Family Physicians of Canada; OR 2
152		-
153		-	(2) [Has been approved by the Board under § 14–101.1 of this subtitle; or 3
154		-
155		-	(3)] Requires that, in order to be certified, the physician: 4
156		-
157		-	(i) Complete a postgraduate training program that: 5
158		-
159		-	1. Provides complete training in the specialty or 6
160		-	subspecialty; and 7
161		-
162		-	2. Is accredited by the Accreditation Council for Graduate 8
163		-	Medical Education or the American Osteopathic Association; and 9
164		-
165		-	(ii) Be certified by: 10
166		-
167		-	1. The member board of the American Board of Medical 11
168		-	Specialties; 12
169		-
170		-	2. The American Osteopathic Association in the training 13
171		-	field; 14
172		-
173		-	3. The Royal College of Physicians and Surgeons of Canada; 15
174		-	or 16
175		-
176		-	4. The College of Family Physicians of Canada. 17
177		-
178		-	(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 18
179		-	2A of the Courts Article. 19
180		-
181		-	(d–1) “Compact physician” means a physician licensed under the Interstate Medical 20
182		-	Licensure Compact established under § 14–3A–01 of this title. 21
183		-
184		-	(e) (1) “Cosmetic surgical procedure” means the use of surgical services to 22
185		-	reshape the structure of a human body in order to change the appearance of an individual. 23
186		-
187		-	(2) Except as provided in paragraph (3) of this subsection, “cosmetic 24
188		-	surgical procedure” does not include: 25
189		-
190		-	(i) A procedure done under local anesthesia or mild sedation; or 26
191		-
192		-	(ii) Liposuction that removes less than 1,000 cubic centimeters of 27
193		-	aspirate. 28
	32	+	requirements; establishing certain membership requirements, term limits, and the 15
	33	+	quorums for the allied health advisory committees; altering and establishing 16
	34	+	prohibitions related to the employment of unlicensed individuals; altering certain 17
	35	+	fines; and generally relating to the State Board of Physicians and the regulation of 18
	36	+	physicians, physician assistants, and allied health professionals. 19
	37	+
	38	+	BY repealing and reenacting, with amendments, 20
	39	+	Article – Health Occupations 21
	40	+	Section 14–101, 14–205(b)(2) and (3) and (c), 14–206(d) and (e), 14–207, 22
	41	+	14–302(2)(iii)4. and (3), 14–306(g)(1)(iii)2., 14–307(e) and (h), 14–308, 14–309, 23
	42	+	14–315(b), 14–316(a)(3), (b)(1), (c)(1), (d)(1), and (f), 14–317, 14–401(a), 24
	43	+	14–401.1(a)(5) and (f), 14–402, 14–403(a), 14–404(a)(4), (19), (25), (37), (38), 25
	44	+	(45), and (46), 14–405(a), 14–409(a), 14–411, 14–411.1(c) and (d)(2), 14–413, 26
	45	+	14–5A–01(c), 14–5A–05, 14–5A–06, 14–5A–07, 14–5A–08(b)(1), 14–5A–14(a), 27
	46	+	14–5A–17(a)(3), (4), (14), (15), (19), and (21), 14–5A–18(c)(1) and (g)(1), 28
	47	+	14–5A–22.1(c), 14–5A–23, 14–5B–05, 14–5B–06, 14–5B–08(b)(1), 14–5B–11, 29
	48	+	14–5B–12.1(a), 14–5B–14(a)(3), (4), (14), (15), (19), and (21), 14–5B–15(c)(1) 30 2 HOUSE BILL 776
	49	+
	50	+
	51	+	and (g)(1), 14–5B–18.1(c), 14–5B–19, 14–5C–01(c), 14–5C–05, 14–5C–06, 1
	52	+	14–5C–07, 14–5C–08(b) and (c), 14–5C–14.1(a), 14–5C–17(a)(3), (4), (14), (15), 2
	53	+	(16), (20), and (22), 14–5C–18(c)(1) and (g)(1), 14–5C–23, 14–5D–05, 3
	54	+	14–5D–06, 14–5D–07(b)(1), 14–5D–10(a), 14–5D–11.1(c), 14–5D–12.1(a), 4
	55	+	14–5D–14(a)(3), (4), (14), (15), (19), and (21), 14–5E–06, 14–5E–07, 5
	56	+	14–5E–08(b), 14–5E–14(a)(1), 14–5E–16(a)(3), (4), (14), (15), (16), (20), and 6
	57	+	(22), 14–5E–18(c)(1) and (g)(1), 14–5F–07, 14–5F–08, 14–5F–10(b)(1), 7
	58	+	14–5F–12, 14–5F–15.1(a), 14–5F–18(a)(2), (19), and (21), 14–5F–19, 8
	59	+	14–5F–25, 14–5G–06, 14–5G–07, 14–5G–08(b)(1), 14–5G–09, 14–5G–15(a), 9
	60	+	14–5G–18(a)(3), (4), (14), (15), (16), (17), (21), and (23), 14–5G–20(c)(1) and 10
	61	+	(g)(1), 14–5G–26(c), 14–5G–27, 14–602(b)(3), 14–606(a)(3), 15–103(b)(3), 11
	62	+	(e)(1), and (i)(1), 15–202, 15–205, 15–206(c), 15–301(f)(2), 15–302(a) and (j), 12
	63	+	15–302.1(g), 15–302.2(a), 15–303(a)(5), 15–309(b)(1), 15–314(a)(4), (19), (25), 13
	64	+	(37), (38), (46), and (47), and 15–402.1(c) 14
	65	+	Annotated Code of Maryland 15
	66	+	(2021 Replacement Volume and 2024 Supplement) 16
	67	+
	68	+	BY repealing 17
	69	+	Article – Health Occupations 18
	70	+	Section 14–101.1, 14–414, 14–5C–10, 14–5F–20, 14–5F–21(f), and 15–302.2(d) 19
	71	+	Annotated Code of Maryland 20
	72	+	(2021 Replacement Volume and 2024 Supplement) 21
	73	+
	74	+	BY adding to 22
	75	+	Article – Health Occupations 23
	76	+	Section 14–205(d) and (e), 14–208, 14–404(a)(47), 14–414, 14–5D–11.5, 14–5E–22.1, 24
	77	+	14–5F–12.1, 14–5F–12.2, 14–5F–20, and 15–314(a)(48) 25
	78	+	Annotated Code of Maryland 26
	79	+	(2021 Replacement Volume and 2024 Supplement) 27
	80	+
	81	+	BY repealing and reenacting, without amendments, 28
	82	+	Article – Health Occupations 29
	83	+	Section 14–5A–01(a), 14–5A–22.1(a) and (b), 14–5B–18.1(a) and (b), 14–5C–01(a), 30
	84	+	14–5D–04, 14–5E–05, 14–5F–06, 14–5G–05, 14–5G–26(a) and (b), 31
	85	+	15–103(e)(2), 15–201(a), and 15–402.1(a) and (b) 32
	86	+	Annotated Code of Maryland 33
	87	+	(2021 Replacement Volume and 2024 Supplement) 34
	88	+
	89	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
	90	+	That the Laws of Maryland read as follows: 36
	91	+
	92	+	Article – Health Occupations 37
	93	+
	94	+	14–101. 38
	95	+
	96	+	(a) In this title the following words have the meanings indicated. 39
	97	+	HOUSE BILL 776 3
	98	+
	99	+
	100	+	(A–1) “ADVISORY COMMITTEE ” MEANS A COMMITTEE APPOINTED BY THE 1
	101	+	BOARD THAT INCLUDES M EMBERS OF A PROFESSI ON REGULATED UNDER T HIS 2
	102	+	TITLE OR TITLE 15 OF THIS ARTICLE AND FORMED TO: 3
	103	+
	104	+	(1) FURTHER THE BOARD’S REGULATION OF APPL ICANTS AND 4
	105	+	LICENSEES OF THE REG ULATED PROFESSION ; 5
	106	+
	107	+	(2) ASSIST THE BOARD IN PROTECTING TH E HEALTH, SAFETY, AND 6
	108	+	WELFARE OF THE PUBLI C; AND 7
	109	+
	110	+	(3) MAKE RECOMMENDATIONS ABOUT THE REGULATED PROFESSION 8
	111	+	TO THE BOARD ON REQUEST . 9
	112	+
	113	+	[(a–1)] (A–2) “Allied health professional” means an individual licensed by the 10
	114	+	Board under Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, OR 5G of this title or Title 15 of this 11
	115	+	article. 12
	116	+
	117	+	(A–3) “ALTERNATIVE HEALTH SY STEM” HAS THE MEANING STAT ED IN § 1–401 13
	118	+	OF THIS ARTICLE. 14
	119	+
	120	+	(A–4) “APPLICANT” MEANS, UNLESS THE CONTEXT R EQUIRES OTHERWISE , AN 15
	121	+	INDIVIDUAL APPLYING FOR INITIAL LICENSURE , RENEWAL, OR REINSTATEMENT AS 16
	122	+	A PHYSICIAN OR AN AL LIED HEALTH PROFESSI ONAL IN THE STATE. 17
	123	+
	124	+	(b) “Board” means the State Board of Physicians. 18
	125	+
	126	+	(c) “Board certified” means the physician is certified by a public or private board, 19
	127	+	including a multidisciplinary board, and the certifying board: 20
	128	+
	129	+	(1) Is: 21
	130	+
	131	+	(i) A member of the American Board of Medical Specialties; 22
	132	+
	133	+	(ii) An American Osteopathic Association certifying board; 23
	134	+
	135	+	(iii) The Royal College of Physicians and Surgeons of Canada; or 24
	136	+
	137	+	(iv) The College of Family Physicians of Canada; OR 25
	138	+
	139	+	(2) [Has been approved by the Board under § 14–101.1 of this subtitle; or 26
	140	+
	141	+	(3)] Requires that, in order to be certified, the physician: 27
	142	+
	143	+	(i) Complete a postgraduate training program that: 28
	144	+	4 HOUSE BILL 776
	145	+
	146	+
	147	+	1. Provides complete training in the specialty or 1
	148	+	subspecialty; and 2
	149	+
	150	+	2. Is accredited by the Accreditation Council for Graduate 3
	151	+	Medical Education or the American Osteopathic Association; and 4
	152	+
	153	+	(ii) Be certified by: 5
	154	+
	155	+	1. The member board of the American Board of Medical 6
	156	+	Specialties; 7
	157	+
	158	+	2. The American Osteopathic Association in the training 8
	159	+	field; 9
	160	+
	161	+	3. The Royal College of Physicians and Surgeons of Canada; 10
	162	+	or 11
	163	+
	164	+	4. The College of Family Physicians of Canada. 12
	165	+
	166	+	(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 13
	167	+	2A of the Courts Article. 14
	168	+
	169	+	(d–1) “Compact physician” means a physician licensed under the Interstate Medical 15
	170	+	Licensure Compact established under § 14–3A–01 of this title. 16
	171	+
	172	+	(e) (1) “Cosmetic surgical procedure” means the use of surgical services to 17
	173	+	reshape the structure of a human body in order to change the appearance of an individual. 18
	174	+
	175	+	(2) Except as provided in paragraph (3) of this subsection, “cosmetic 19
	176	+	surgical procedure” does not include: 20
	177	+
	178	+	(i) A procedure done under local anesthesia or mild sedation; or 21
	179	+
	180	+	(ii) Liposuction that removes less than 1,000 cubic centimeters of 22
	181	+	aspirate. 23
	182	+
	183	+	(3) “Cosmetic surgical procedure” includes any procedure under paragraph 24
	184	+	(2) of this subsection that, under the circumstances established by the Secretary in 25
	185	+	regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a 26
	186	+	cosmetic surgical procedure. 27
	187	+
	188	+	(e–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
	189	+	under § 14–401 of this title. 29
	190	+
	191	+	(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. 30
194	192		HOUSE BILL 776 5
195	193
196	194
197		-	(3) “~~Cosmetic surgical procedure~~” ~~includes any procedure under paragraph~~ 1
198		-	~~(2) of this subsection that,~~ ~~under the circumstances established~~ by the ~~Secretary in~~ 2
199		-	~~regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a~~ 3
200		-	~~cosmetic surgical procedure. 4~~
201		-
202		-	~~(e–1) “Disciplinary panel” means~~ a ~~disciplinary panel~~ of the Board ~~established~~ 5
203		-	~~under § 14–401 of this title~~. 6
204		-
205		-	(~~E–2~~) “~~EMPLOYER~~” MEANS A ~~PERSON THAT ENTERS AN ARRANGEMEN T FOR~~ 7
206		-	~~PROFESSIONAL SERVICE S~~, ~~WHETHER PAID~~ OR ~~UNPA ID OR CONTRACTUAL OR~~ 8
207		-	~~OTHERWISE, WITH AN INDIVIDUAL L ICENSED UNDER THIS T ITLE~~ OR ~~TITLE 15 OF~~ 9
208		-	~~THIS ARTICLE. 10~~
209		-
210		-	~~(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. 11~~
211		-
212		-	~~(g) “License” means, unless the context requires otherwise, a license issued by the 12~~
213		-	~~Board~~ to ~~practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 13~~
214		-	~~BOARD. 14~~
215		-
216		-	~~(h) “Licensed physician” means, unless the context requires otherwise, a 15~~
217		-	~~physician, including a doctor of osteopathy, who is licensed by the Board to practice 16~~
218		-	~~medicine~~. 17
219		-
220		-	(i) “~~Licensee~~” means ~~an individual~~ to ~~whom THE BOARD ISSUES~~ a ~~license [is~~ 18
221		-	~~issued], including an individual practicing medicine within~~ or ~~as a professional corporation 19~~
222		-	or ~~professional association.~~ 20
223		-
224		-	~~(j) “MedChi” means the Maryland State Medical Society. 21~~
225		-
226		-	~~(k) “Mild sedation” means a drug–induced state during which: 22~~
227		-
228		-	(1) ~~A patient is able to respond to verbal commands; 23~~
229		-
230		-	~~(2) A patient’s ventilatory~~ and ~~cardiovascular functions are not affected;~~ 24
231		-	~~and~~ 25
232		-
233		-	~~(3) A patient’s cognitive function and coordination may be impaired. 26~~
234		-
235		-	~~(l) “Perform~~ ~~acupuncture” means~~ to ~~stimulate~~ a ~~certain point or points on or near 27~~
236		-	~~the surface of the human body by the insertion of needles to prevent or modify the 28~~
237		-	~~perception of pain~~ or ~~to normalize physiological functions~~, ~~including pain control, for the~~ 29
238		-	~~treatment of ailments or conditions of the body.~~ 30
239		-
240		-	(m) ~~“Physician” means an individual who practices medicine.~~ 31
241		-	~~6 HOUSE BILL 776~~
242		-
243		-
244		-	~~[(n) “Physician Rehabilitation Program” means the program of the Board or the 1~~
245		-	~~nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that 2~~
246		-	~~evaluates and provides assistance to impaired physicians and other health professionals 3~~
247		-	~~regulated by the Board who are directed by the Board to receive treatment and 4~~
248		-	~~rehabilitation for alcoholism,~~ ~~chemical dependency, or other physical, emotional, or mental 5~~
249		-	~~conditions.] 6~~
250		-
251		-	~~(N) “PHYSICIAN~~ ~~ASSISTANT ” MEANS AN INDIVIDUAL LICENSED UNDER 7~~
252		-	~~TITLE 15 OF THIS ARTICLE TO PRACTICE A S A PHYSICIAN ASSIST ANT. 8~~
253		-
254		-	~~(o) (1) “Practice medicine” means to engage~~, ~~with~~ or ~~without compensation,~~ ~~in 9~~
255		-	~~medical: 10~~
256		-
257		-	~~(i) Diagnosis~~; 11
258		-
259		-	~~(ii) Healing~~; 12
260		-
261		-	(~~iii~~) ~~Treatment~~; ~~or 13~~
262		-
263		-	(iv) ~~Surgery~~. 14
264		-
265		-	(2) “Practice medicine” ~~includes doing,~~ ~~undertaking, professing to do, and 15~~
266		-	~~attempting any of the following: 16~~
267		-
268		-	~~(i) Diagnosing, healing, treating, preventing, prescribing for, or 17~~
269		-	~~removing any physical,~~ ~~mental,~~ or ~~emotional ailment or supposed ailment of an individual: 18~~
270		-
271		-	~~1. By physical,~~ ~~mental, emotional,~~ or other ~~process that is 19~~
272		-	~~exercised or invoked by the practitioner, the patient, or both; or 20~~
273		-
274		-	~~2. By appliance,~~ ~~test, drug,~~ ~~operation, or treatment;~~ 21
275		-
276		-	~~(ii) Ending of~~ a ~~human pregnancy;~~ ~~and 22~~
277		-
278		-	~~(iii) Performing acupuncture as provided under § 14–504 of this title. 23~~
279		-
280		-	~~(3) “Practice~~ ~~medicine” does not include:~~ 24
281		-
282		-	~~(i) Selling any nonprescription drug or medicine;~~ 25
283		-
284		-	~~(ii) Practicing as an optician;~~ or 26
285		-
286		-	~~(iii) Performing a massage or other manipulation by hand, but by no 27~~
287		-	~~other means.~~ 28
288		-
289		-	~~(p) “Registered cardiovascular invasive specialist” means an individual who is 29~~
290		-	~~credentialed by Cardiovascular Credentialing International or another credentialing body~~ 30 HOUSE BILL 776 7
291		-
292		-
293		-	~~approved by the Board to assist in cardiac catheterization procedures IN A HOSPITAL 1~~
294		-	~~under~~ the ~~direct, in–person supervision of~~ a ~~licensed physician.~~ 2
295		-
296		-	~~(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD~~ 3
297		-	~~OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 4~~
298		-	~~14–401.~~1(G) ~~OF THIS TITLE~~ THAT ~~E VALUATES AND PROVIDE S ASSISTANCE TO 5~~
299		-	~~IMPAIRED PHYSICIANS AND ALL IED HEALTH PROFESSIO NALS WHO ARE DIRECTE D 6~~
300		-	BY THE ~~BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR ALCOHOLISM , 7~~
301		-	~~CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR MENTAL 8~~
302		-	~~CONDITIONS. 9~~
303		-
304		-	~~[(q)] (R) “Related institution” has~~ the ~~meaning stated in § 19–301 of the Health 10~~
305		-	~~– General Article. 11~~
306		-
307		-	~~[14–101~~.~~1. 12~~
308		-
309		-	~~The Board may approve a public or private board including a multidisciplinary board 13~~
310		-	~~as a certifying board only if the certifying board requires that, in order to be certified, a 14~~
311		-	~~physician: 15~~
312		-
313		-	~~(1) Complete a postgraduate training program that: 16~~
314		-
315		-	~~(i) Provides complete training in the specialty~~ or ~~subspecialty being 17~~
316		-	~~certified; and 18~~
317		-
318		-	~~(ii) Is accredited by the Accreditation Council for Graduate Medical 19~~
319		-	~~Education or~~ the ~~American Osteopathic Association;~~ ~~and 20~~
320		-
321		-	~~(2) Be certified by the American Board~~ of ~~Medical Specialties~~ or ~~the 21~~
322		-	~~American Osteopathic Association in the same training field.] 22~~
323		-
324		-	14–~~205~~. 23
325		-
326		-	(b) (2) The Board ~~or a disciplinary panel may investigate an alleged violation 24~~
327		-	~~of this title AND TITLE 15 OF THIS ARTICLE . 25~~
328		-
329		-	(3) ~~Subject to the Administrative Procedure Act and the hearing provisions 26~~
330		-	~~of § 14–405 of this title,~~ a ~~disciplinary panel may deny a~~ license to ~~an applicant or,~~ ~~if an 27~~
331		-	~~applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 28~~
332		-	~~applicant’s license for: 29~~
333		-
334		-	~~(i) Any of the reasons that are grounds for action under § 14–404, § 30~~
335		-	~~14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16,~~ [or] ~~§ 14–5F–18, OR § 31~~
336		-	~~14–5G–18 of this title,~~ ~~as applicable; or 32~~
	195	+	(g) “License” means, unless the context requires otherwise, a license issued by the 1
	196	+	Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULA TED BY THE 2
	197	+	BOARD. 3
	198	+
	199	+	(h) “Licensed physician” means, unless the context requires otherwise, a 4
	200	+	physician, including a doctor of osteopathy, who is licensed by the Board to practice 5
	201	+	medicine. 6
	202	+
	203	+	(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 7
	204	+	issued], including an individual practicing medicine within or as a professional corporation 8
	205	+	or professional association. 9
	206	+
	207	+	(j) “MedChi” means the Maryland State Medical Society. 10
	208	+
	209	+	(k) “Mild sedation” means a drug–induced state during which: 11
	210	+
	211	+	(1) A patient is able to respond to verbal commands; 12
	212	+
	213	+	(2) A patient’s ventilatory and cardiovascular functions are not affected; 13
	214	+	and 14
	215	+
	216	+	(3) A patient’s cognitive function and coordination may be impaired. 15
	217	+
	218	+	(l) “Perform acupuncture” means to stimulate a certain point or points on or near 16
	219	+	the surface of the human body by the insertion of needles to prevent or modify the 17
	220	+	perception of pain or to normalize physiological functions, including pain control, for the 18
	221	+	treatment of ailments or conditions of the body. 19
	222	+
	223	+	(m) “Physician” means an individual who practices medicine. 20
	224	+
	225	+	[(n) “Physician Rehabilitation Program” means the program of the Board or the 21
	226	+	nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that 22
	227	+	evaluates and provides assistance to impaired physicians and other health professionals 23
	228	+	regulated by the Board who are directed by the Board to receive treatment and 24
	229	+	rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental 25
	230	+	conditions.] 26
	231	+
	232	+	(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL LICENSED UNDER 27
	233	+	TITLE 15 OF THIS ARTICLE TO P RACTICE AS A PHYSICI AN ASSISTANT. 28
	234	+
	235	+	(o) (1) “Practice medicine” means to engage, with or without compensation, in 29
	236	+	medical: 30
	237	+
	238	+	(i) Diagnosis; 31
	239	+
	240	+	(ii) Healing; 32 6 HOUSE BILL 776
	241	+
	242	+
	243	+
	244	+	(iii) Treatment; or 1
	245	+
	246	+	(iv) Surgery. 2
	247	+
	248	+	(2) “Practice medicine” includes doing, undertaking, professing to do, and 3
	249	+	attempting any of the following: 4
	250	+
	251	+	(i) Diagnosing, healing, treating, preventing, prescribing for, or 5
	252	+	removing any physical, mental, or emotional ailment or supposed ailment of an individual: 6
	253	+
	254	+	1. By physical, mental, emotional, or other process that is 7
	255	+	exercised or invoked by the practitioner, the patient, or both; or 8
	256	+
	257	+	2. By appliance, test, drug, operation, or treatment; 9
	258	+
	259	+	(ii) Ending of a human pregnancy; and 10
	260	+
	261	+	(iii) Performing acupuncture as provided under § 14–504 of this title. 11
	262	+
	263	+	(3) “Practice medicine” does not include: 12
	264	+
	265	+	(i) Selling any nonprescription drug or medicine; 13
	266	+
	267	+	(ii) Practicing as an optician; or 14
	268	+
	269	+	(iii) Performing a massage or other manipulation by hand, but by no 15
	270	+	other means. 16
	271	+
	272	+	(p) “Registered cardiovascular invasive specialist” means an individual who is 17
	273	+	credentialed by Cardiovascular Credentialing International or another credentialing body 18
	274	+	approved by the Board to assist in cardiac catheterization procedures IN A HOSPITAL 19
	275	+	under the direct, in–person supervision of a licensed physician. 20
	276	+
	277	+	(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 21
	278	+	OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 22
	279	+	14–401.1(G) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 23
	280	+	IMPAIRED PHYSICIANS AND ALLIED HEALTH PR OFESSIONALS WHO ARE DIRECTED 24
	281	+	BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR ALCOHOLISM , 25
	282	+	CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR MENTAL 26
	283	+	CONDITIONS. 27
	284	+
	285	+	[(q)] (R) “Related institution” has the meaning stated in § 19–301 of the 28
	286	+	Health – General Article. 29
	287	+
	288	+	[14–101.1. 30 HOUSE BILL 776 7
	289	+
	290	+
	291	+
	292	+	The Board may approve a public or private board including a multidisciplinary board 1
	293	+	as a certifying board only if the certifying board requires that, in order to be certified, a 2
	294	+	physician: 3
	295	+
	296	+	(1) Complete a postgraduate training program that: 4
	297	+
	298	+	(i) Provides complete training in the specialty or subspecialty being 5
	299	+	certified; and 6
	300	+
	301	+	(ii) Is accredited by the Accreditation Council for Graduate Medical 7
	302	+	Education or the American Osteopathic Association; and 8
	303	+
	304	+	(2) Be certified by the American Board of Medical Specialties or the 9
	305	+	American Osteopathic Association in the same training field.] 10
	306	+
	307	+	14–205. 11
	308	+
	309	+	(b) (2) The Board or a disciplinary panel may investigate an alleged violation 12
	310	+	of this title AND TITLE 15 OF THIS ARTICLE . 13
	311	+
	312	+	(3) Subject to the Administrative Procedure Act and the hearing provisions 14
	313	+	of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 15
	314	+	applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 16
	315	+	applicant’s license for: 17
	316	+
	317	+	(i) Any of the reasons that are grounds for action under § 14–404, § 18
	318	+	14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, [or] § 14–5F–18, OR § 19
	319	+	14–5G–18 of this title, as applicable; or 20
	320	+
	321	+	(ii) Failure to complete a criminal history records check in 21
	322	+	accordance with § 14–308.1 of this title. 22
	323	+
	324	+	(c) (1) In addition to the duties set forth elsewhere in this title, the Board 23
	325	+	shall: 24
	326	+
	327	+	(i) Issue, for use in other jurisdictions, a certificate of professional 25
	328	+	standing AND A VERIFICATION O F LICENSE STATUS to any [licensed physician] 26
	329	+	LICENSEE; and 27
	330	+
	331	+	(ii) Keep a list of all PENDING license applicants. 28
	332	+
	333	+	(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 29
	334	+	are currently licensed. 30
337	335		8 HOUSE BILL 776
338	336
339	337
340		-	(ii) ~~Failure to complete a criminal history records check in~~ 1
341		-	~~accordance with § 14–308.1 of this title~~. 2
342		-
343		-	(c) ~~(1) In addition to the duties set forth elsewhere in this title, the Board~~ 3
344		-	~~shall:~~ 4
345		-
346		-	~~(i) Issue, for use in other jurisdictions, a certificate of professional 5~~
347		-	~~standing AND~~ A ~~VERIFICATION O F LICENSE STATUS to any [licensed physician]~~ 6
348		-	~~LICENSEE; and~~ 7
349		-
350		-	(ii) ~~Keep a~~ list of ~~all PENDING license applicants.~~ 8
351		-
352		-	~~(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 9~~
353		-	~~are currently licensed.~~ 10
354		-
355		-	~~(ii)~~ The ~~list shall include each~~ [physician’s] LICENSEE~~’S designated 11~~
356		-	~~public address. 12~~
357		-
358		-	~~(iii)~~ A [physician’s] LICENSEE’S ~~designated~~ public address ~~may be a 13~~
359		-	~~post office box only if~~ the ~~[physician] LICENSEE provides to the Board a nonpublic address, 14~~
360		-	~~under paragraph (3) of this subsection, that is not a post office box. 15~~
361		-
362		-	~~(iv)~~ [~~Each list prepared under this paragraph shall be kept as a 16~~
363		-	~~permanent record of the Board. 17~~
364		-
365		-	~~(v)]~~ The ~~list of [currently licensed physicians] CURRENT 18~~
366		-	~~LICENSEES is a public record. 19~~
367		-
368		-	~~(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 20~~
369		-	~~LICENSEE’~~S ~~designated nonpublic address~~, ~~if provided by~~ the ~~[physician] LICENSEE,~~ to 21
370		-	~~facilitate communication between the [physician] LICENSEE and the Board.~~ 22
371		-
372		-	~~(ii) The Board shall offer a [physician] LICENSEE the opportunity to 23~~
373		-	~~designate a nonpublic address, in addition to~~ the ~~[physician’s] LICENSEE’S public address,~~ 24
374		-	~~at the time of initial licensure and license renewal. 25~~
375		-
376		-	~~(iii) A [physician] LICENSEE shall designate an address where the~~ 26
377		-	~~Board may send the [physician] LICENSEE mail. 27~~
378		-
379		-	~~(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 28~~
380		-	~~a public record and may not be released by~~ the ~~Board~~. 29
381		-
382		-	~~(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE~~. 30
	338	+	(ii) The list shall include each [physician’s] LICENSEE’S designated 1
	339	+	public address. 2
	340	+
	341	+	(iii) A [physician’s] LICENSEE’S designated public address may be a 3
	342	+	post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 4
	343	+	under paragraph (3) of this subsection, that is not a post office box. 5
	344	+
	345	+	(iv) [Each list prepared under this paragraph shall be kept as a 6
	346	+	permanent record of the Board. 7
	347	+
	348	+	(v)] The list of [currently licensed physicians] CURRENT 8
	349	+	LICENSEES is a public record. 9
	350	+
	351	+	(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 10
	352	+	LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, to 11
	353	+	facilitate communication between the [physician] LICENSEE and the Board. 12
	354	+
	355	+	(ii) The Board shall offer a [physician] LICENSEE the opportunity to 13
	356	+	designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 14
	357	+	at the time of initial licensure and license renewal. 15
	358	+
	359	+	(iii) A [physician] LICENSEE shall designate an address where the 16
	360	+	Board may send the [physician] LICENSEE mail. 17
	361	+
	362	+	(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 18
	363	+	a public record and may not be released by the Board. 19
	364	+
	365	+	(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE . 20
	366	+
	367	+	(E) EXCEPT AS OTHERWISE S PECIFIED IN STATUTE , THE BOARD MAY ADOPT 21
	368	+	REGULATIONS REGARDIN G ADVISORY COMMITTEE S ESTABLISHED UNDER THIS 22
	369	+	TITLE AND TITLE 15 OF THIS ARTICLE GOVE RNING: 23
	370	+
	371	+	(1) THE TERM OF OFFICE FO R MEMBERS; 24
	372	+
	373	+	(2) THE PROCEDURES FOR FI LLING VACANCIES ON A N ADVISORY 25
	374	+	COMMITTEE ; 26
	375	+
	376	+	(3) THE REMOVAL OF MEMBER S; AND 27
	377	+
	378	+	(4) THE DUTIES OF EACH OF FICER. 28
	379	+
	380	+	14–206. 29
383	381		HOUSE BILL 776 9
384	382
385	383
386		-	(E) EXCEPT AS OTHERWISE S PECIFIED IN STATUTE , THE BOARD MAY ADOPT 1
387		-	REGULATIONS REGARDIN G ADVISORY COMMITTEE S ESTABLISHED UNDER THIS 2
388		-	TITLE AND TITLE 15 OF THIS ARTICLE GOVE RNING: 3
389		-
390		-	(1) THE TERM OF OFFICE FO R MEMBERS; 4
391		-
392		-	(2) THE PROCEDURES FOR FI LLING VACANCIES ON AN A DVISORY 5
393		-	COMMITTEE ; 6
394		-
395		-	(3) THE REMOVAL OF MEMBER S; AND 7
396		-
397		-	(4) THE DUTIES OF EACH OF FICER. 8
398		-
399		-	14–206. 9
400		-
401		-	(d) (1) If the entry is necessary to carry out a duty under this title OR TITLE 10
402		-	15 OF THIS ARTICLE , the Board’s executive director or other duly authorized agent or 11
403		-	investigator of the Board may enter at any reasonable hour: 12
404		-
405		-	(i) A place of business of a [licensed physician] LICENSEE; or 13
406		-
407		-	(ii) Public premises. 14
408		-
409		-	(2) A person may not deny or interfere with an entry under this subsection. 15
410		-
411		-	(3) A person who violates [any provision of] this subsection is guilty of a 16
412		-	misdemeanor and on conviction is subject to a fine [not exceeding $100] OF $1,000. 17
413		-
414		-	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 18
415		-	relief against an individual for: 19
416		-
417		-	(1) Practicing a profession regulated under this title or Title 15 of this 20
418		-	article without a license OR WITH AN UNAUTHORI ZED PERSON; 21
419		-
420		-	(2) Representing to the public, by title, description of services, methods, 22
421		-	procedures, or otherwise, that the individual is authorized to practice: 23
422		-
423		-	(i) Medicine in this State, in violation of § 14–602 of this title; 24
424		-
425		-	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 25
426		-	title; 26
427		-
428		-	(iii) Radiation therapy, radiography, nuclear medicine technology, or 27
429		-	radiation assistance in this State, in violation of § 14–5B–18 of this title; 28
430		-	10 HOUSE BILL 776
431		-
432		-
433		-	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 1
434		-	title; 2
435		-
436		-	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 3
437		-	this title; 4
438		-
439		-	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 5
440		-
441		-	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 6
442		-	of this title; [or] 7
443		-
444		-	(VIII) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 8
445		-	14–5G–24 OF THIS TITLE; OR 9
446		-
447		-	[(viii)] (IX) As a physician assistant in this State, in violation of § 10
448		-	15–402 of this article; or 11
449		-
450		-	(3) Taking any action: 12
451		-
452		-	(i) For which a disciplinary panel determines there is a 13
453		-	preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 14
454		-	14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, OR § 14–5G–18 of this title OR § 15
455		-	15–415 OF THIS ARTICLE ; and 16
456		-
457		-	(ii) That poses a serious risk to the health, safety, and welfare of a 17
458		-	patient. 18
459		-
460		-	14–207. 19
461		-
462		-	(a) There is a Board of Physicians Fund. 20
463		-
464		-	(b) (1) The Board may set reasonable fees for the issuance and renewal of 21
465		-	licenses and its other services PROVIDED TO APPLICAN TS OR LICENSEES . 22
466		-
467		-	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 23
468		-	FUNDS TO approximate the cost of maintaining the Board, THE LICENSE PROGRAMS 24
469		-	UNDER THIS TITLE AND TITLE 15 OF THIS ARTICLE , AND THE OTHER SERVIC ES IT 25
470		-	PROVIDES TO APPLICAN TS AND LICENSEES , including the cost of providing a 26
471		-	rehabilitation program [for physicians] under § 14–401.1(g) of this title. 27
472		-
473		-	(3) Funds to cover the compensation and expenses of the Board members 28
474		-	shall be generated by fees set under this section. 29
475		-
476		-	(4) A FEE COLLECTED UNDER THIS SECTION, THIS TITLE, OR TITLE 30
477		-	15 OF THIS ARTICLE SHAL L BE USED TO COVER THE AC TUAL DOCUMENTED DIRE CT 31
478		-	AND INDIRECT COSTS O F FULFILLING THE STA TUTORY AND REGULATOR Y DUTIES 32 HOUSE BILL 776 11
479		-
480		-
481		-	OF THE BOARD ESTABLISHED UND ER THIS TITLE AND TITLE 15 OF THIS ARTICLE 1
482		-	FOR THE PRACTITIONER TYPE OF THE APPLICAN T OR LICENSEE FROM W HOM THE 2
483		-	FEE WAS COLLECTED . 3
484		-
485		-	(c) The Board shall pay all fees collected under [the provisions of] this title to the 4
486		-	Comptroller of the State. 5
487		-
488		-	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 6
489		-	include in the State budget at least $400,000 for the operation of the Maryland Loan 7
490		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 8
491		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 9
492		-	Comptroller shall distribute: 10
493		-
494		-	(i) $400,000 of the fees received from the Board to the Department 11
495		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 12
496		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 13
497		-	Article to physicians and physician assistants engaged in primary care or to medical 14
498		-	residents specializing in primary care who agree to practice for at least 2 years as primary 15
499		-	care physicians in a geographic area of the State that has been designated by the Secretary 16
500		-	as being medically underserved; and 17
501		-
502		-	(ii) The balance of the fees to the Board of Physicians Fund. 18
503		-
504		-	(2) In fiscal year 2022, if the Governor does not include in the State budget 19
505		-	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 20
506		-	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 21
507		-	Article, as administered by the Department, the Comptroller shall distribute: 22
508		-
509		-	(i) $1,000,000 of the fees received from the Board to the Department 23
510		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 24
511		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 25
512		-	Article to physicians and physician assistants engaged in primary care or to medical 26
513		-	residents specializing in primary care who agree to practice for at least 2 years as primary 27
514		-	care physicians in a geographic area of the State that has been designated by the Secretary 28
515		-	as being medically underserved; and 29
516		-
517		-	(ii) The balance of the fees to the Board of Physicians Fund. 30
518		-
519		-	(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 31
520		-	does not implement a permanent funding structure under § 24 –1702(b)(1) of the 32
521		-	Health – General Article and the Governor does not include in the State budget at least 33
522		-	$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 34
523		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 35
524		-	Article, as administered by the Department, the Comptroller shall distribute: 36
	384	+	(d) (1) If the entry is necessary to carry out a duty under this title OR TITLE 1
	385	+	15 OF THIS ARTICLE , the Board’s executive director or other duly authorized agent or 2
	386	+	investigator of the Board may enter at any reasonable hour: 3
	387	+
	388	+	(i) A place of business of a [licensed physician] LICENSEE; or 4
	389	+
	390	+	(ii) Public premises. 5
	391	+
	392	+	(2) A person may not deny or interfere with an entry under this subsection. 6
	393	+
	394	+	(3) A person who violates [any provision of] this subsection is guilty of a 7
	395	+	misdemeanor and on conviction is subject to a fine [not exceeding $100] OF $1,000. 8
	396	+
	397	+	(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 9
	398	+	relief against an individual for: 10
	399	+
	400	+	(1) Practicing a profession regulated under this title or Title 15 of this 11
	401	+	article without a license OR WITH AN UNAUTHORI ZED PERSON; 12
	402	+
	403	+	(2) Representing to the public, by title, description of services, methods, 13
	404	+	procedures, or otherwise, that the individual is authorized to practice: 14
	405	+
	406	+	(i) Medicine in this State, in violation of § 14–602 of this title; 15
	407	+
	408	+	(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 16
	409	+	title; 17
	410	+
	411	+	(iii) Radiation therapy, radiography, nuclear medicine technology, or 18
	412	+	radiation assistance in this State, in violation of § 14–5B–18 of this title; 19
	413	+
	414	+	(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 20
	415	+	title; 21
	416	+
	417	+	(v) Athletic training in this State, in violation of § 14–5D–17(3) of 22
	418	+	this title; 23
	419	+
	420	+	(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 24
	421	+
	422	+	(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 25
	423	+	of this title; [or] 26
	424	+
	425	+	(VIII) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 27
	426	+	14–5G–24 OF THIS TITLE; OR 28
	427	+
	428	+	[(viii)] (IX) As a physician assistant in this State, in violation of § 29
	429	+	15–402 of this article; or 30 10 HOUSE BILL 776
	430	+
	431	+
	432	+
	433	+	(3) Taking any action: 1
	434	+
	435	+	(i) For which a disciplinary panel determines there is a 2
	436	+	preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 3
	437	+	14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, OR § 14–5G–18 of this title OR § 4
	438	+	15–415 OF THIS ARTICLE ; and 5
	439	+
	440	+	(ii) That poses a serious risk to the health, safety, and welfare of a 6
	441	+	patient. 7
	442	+
	443	+	14–207. 8
	444	+
	445	+	(a) There is a Board of Physicians Fund. 9
	446	+
	447	+	(b) (1) The Board may set reasonable fees for the issuance and renewal of 10
	448	+	licenses and its other services PROVIDED TO APPLICAN TS OR LICENSEES . 11
	449	+
	450	+	(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 12
	451	+	FUNDS TO approximate the cost of maintaining the Board, THE LICENSE PROGRAMS 13
	452	+	UNDER THIS TITLE AND TITLE 15 OF THIS ARTICLE, AND THE OTHER SERVIC ES IT 14
	453	+	PROVIDES TO APPLICAN TS AND LICENSEES , including the cost of providing a 15
	454	+	rehabilitation program [for physicians] under § 14–401.1(g) of this title. 16
	455	+
	456	+	(3) Funds to cover the compensation and expenses of the Board members 17
	457	+	shall be generated by fees set under this section. 18
	458	+
	459	+	(4) A FEE COLLECTED UNDER THIS SECTION, THIS TITLE, OR TITLE 19
	460	+	15 OF THIS ARTICLE SHAL L BE USED TO COVER T HE ACTUAL DOCUMENTED DIRECT 20
	461	+	AND INDIRECT COSTS O F FULFILLING THE STA TUTORY AND REGULATOR Y DUTIES 21
	462	+	OF THE BOARD ESTABLISHED UND ER THIS TITLE AND TITLE 15 OF THIS ARTICLE 22
	463	+	FOR THE PRACTITIONER TYPE OF THE APPLICAN T OR LICENSEE FROM W HOM THE 23
	464	+	FEE WAS COLLECTED . 24
	465	+
	466	+	(c) The Board shall pay all fees collected under [the provisions of] this title to the 25
	467	+	Comptroller of the State. 26
	468	+
	469	+	(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 27
	470	+	include in the State budget at least $400,000 for the operation of the Maryland Loan 28
	471	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 29
	472	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 30
	473	+	Comptroller shall distribute: 31
	474	+
	475	+	(i) $400,000 of the fees received from the Board to the Department 32
	476	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
	477	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34 HOUSE BILL 776 11
	478	+
	479	+
	480	+	Article to physicians and physician assistants engaged in primary care or to medical 1
	481	+	residents specializing in primary care who agree to practice for at least 2 years as primary 2
	482	+	care physicians in a geographic area of the State that has been designated by the Secretary 3
	483	+	as being medically underserved; and 4
	484	+
	485	+	(ii) The balance of the fees to the Board of Physicians Fund. 5
	486	+
	487	+	(2) In fiscal year 2022, if the Governor does not include in the State budget 6
	488	+	at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 7
	489	+	for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 8
	490	+	Article, as administered by the Department, the Comptroller shall distribute: 9
	491	+
	492	+	(i) $1,000,000 of the fees received from the Board to the Department 10
	493	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 11
	494	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 12
	495	+	Article to physicians and physician assistants engaged in primary care or to medical 13
	496	+	residents specializing in primary care who agree to practice for at least 2 years as primary 14
	497	+	care physicians in a geographic area of the State that has been designated by the Secretary 15
	498	+	as being medically underserved; and 16
	499	+
	500	+	(ii) The balance of the fees to the Board of Physicians Fund. 17
	501	+
	502	+	(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 18
	503	+	does not implement a permanent funding structure under § 24–1702(b)(1) of the 19
	504	+	Health – General Article and the Governor does not include in the State budget at least 20
	505	+	$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 21
	506	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 22
	507	+	Article, as administered by the Department, the Comptroller shall distribute: 23
	508	+
	509	+	(i) $400,000 of the fees received from the Board to the Department 24
	510	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 25
	511	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 26
	512	+	Article to physicians and physician assistants engaged in primary care or to medical 27
	513	+	residents specializing in primary care who agree to practice for at least 2 years as primary 28
	514	+	care physicians in a geographic area of the State that has been designated by the Secretary 29
	515	+	as being medically underserved; and 30
	516	+
	517	+	(ii) The balance of the fees to the Board of Physicians Fund. 31
	518	+
	519	+	[(4)] (2) If the Governor includes in the State budget at least the amount 32
	520	+	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 33
	521	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 34
	522	+	Subtitle 17 of the Health – General Article, as administered by the Department, the 35
	523	+	Comptroller shall distribute the fees to the Board of Physicians Fund. 36
525	524		12 HOUSE BILL 776
526	525
527	526
528		-	(i) $400,000 of the fees received from the Board to the Department 1
529		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 2
530		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 3
531		-	Article to physicians and physician assistants engaged in primary care or to medical 4
532		-	residents specializing in primary care who agree to practice for at least 2 years as primary 5
533		-	care physicians in a geographic area of the State that has been designated by the Secretary 6
534		-	as being medically underserved; and 7
535		-
536		-	(ii) The balance of the fees to the Board of Physicians Fund. 8
537		-
538		-	[(4)] (2) If the Governor includes in the State budget at least the amount 9
539		-	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 10
540		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 11
541		-	Subtitle 17 of the Health – General Article, as administered by the Department, the 12
542		-	Comptroller shall distribute the fees to the Board of Physicians Fund. 13
543		-
544		-	(e) (1) The Fund shall be used exclusively to cover the actual documented 14
545		-	direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as 15
546		-	provided by [the provisions of] this title. 16
547		-
548		-	(2) (i) The Fund is a continuing, nonlapsing fund, not subject to § 17
549		-	7–302 of the State Finance and Procurement Article. 18
550		-
551		-	(ii) Any unspent portions of the Fund may not be transferred or 19
552		-	revert to the General Fund of the State, but shall remain in the Fund to be used for the 20
553		-	purposes specified in this title. 21
554		-
555		-	(3) Interest or other income earned on the investment of money in the Fund 22
556		-	shall be paid into the Fund. 23
557		-
558		-	(4) No other State money may be used to support the Fund. 24
559		-
560		-	(f) [(1)] In addition to the requirements of subsection (e) of this section, the 25
561		-	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 26
562		-	collected, and distributed to the Fund under this title. 27
563		-
564		-	[(2) After review and approval by the Board of a budget submitted by the 28
565		-	Physician Rehabilitation Program, the Board may allocate money from the Fund to the 29
566		-	Physician Rehabilitation Program.] 30
567		-
568		-	(g) (1) The chair of the Board or the designee of the chair shall administer the 31
569		-	Fund. 32
570		-
571		-	(2) Money in the Fund may be expended only for any lawful purpose 33
572		-	authorized by [the provisions of] this title. 34
	527	+	(e) (1) The Fund shall be used exclusively to cover the actual documented 1
	528	+	direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as 2
	529	+	provided by [the provisions of] this title. 3
	530	+
	531	+	(2) (i) The Fund is a continuing, nonlapsing fund, not subject to § 4
	532	+	7–302 of the State Finance and Procurement Article. 5
	533	+
	534	+	(ii) Any unspent portions of the Fund may not be transferred or 6
	535	+	revert to the General Fund of the State, but shall remain in the Fund to be used for the 7
	536	+	purposes specified in this title. 8
	537	+
	538	+	(3) Interest or other income earned on the investment of money in the Fund 9
	539	+	shall be paid into the Fund. 10
	540	+
	541	+	(4) No other State money may be used to support the Fund. 11
	542	+
	543	+	(f) [(1)] In addition to the requirements of subsection (e) of this section, the 12
	544	+	Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 13
	545	+	collected, and distributed to the Fund under this title. 14
	546	+
	547	+	[(2) After review and approval by the Board of a budget submitted by the 15
	548	+	Physician Rehabilitation Program, the Board may allocate money from the Fund to the 16
	549	+	Physician Rehabilitation Program.] 17
	550	+
	551	+	(g) (1) The chair of the Board or the designee of the chair shall administer the 18
	552	+	Fund. 19
	553	+
	554	+	(2) Money in the Fund may be expended only for any lawful purpose 20
	555	+	authorized by [the provisions of] this title. 21
	556	+
	557	+	(h) The Legislative Auditor shall audit the accounts and transactions of the Fund 22
	558	+	as provided in § 2–1220 of the State Government Article. 23
	559	+
	560	+	14–208. 24
	561	+
	562	+	(A) THE BOARD MAY IMPO SE AN ADMINISTRATIVE PENALTY NOT 25
	563	+	EXCEEDING $25,000 ON A LICENSEE FOR : 26
	564	+
	565	+	(1) FAILURE TO PRODUCE AL L DOCUMENTS IN RESPO NSE TO A 27
	566	+	BOARD SUBPOENA ; 28
	567	+
	568	+	(2) DISPENSING A DRUG WIT HOUT THE PROPER AUTH ORITY FROM A 29
	569	+	VALID DISPENSING PER MIT; AND 30
573	570		HOUSE BILL 776 13
574	571
575	572
576		-	(h) The Legislative Auditor shall audit the accounts and transactions of the Fund 1
577		-	as provided in § 2–1220 of the State Government Article. 2
578		-
579		-	14–208. 3
580		-
581		-	(A) THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y NOT 4
582		-	EXCEEDING $25,000 $15,000 ON A LICENSEE FOR : 5
583		-
584		-	(1) FAILURE TO PRODUCE AL L DOCUMENTS IN RESPO NSE TO A 6
585		-	BOARD SUBPOENA ; 7
586		-
587		-	(2) DISPENSING A DRUG WIT HOUT THE PROPER AUTH ORITY FROM A 8
588		-	VALID DISPENSING PER MIT; AND 9
589		-
590		-	(3) FAILURE TO COMPLETE A SUPPLEMENTAL APPLICA TION FOR A 10
591		-	LICENSE COMPACT . 11
592		-
593		-	(B) THE BOARD SHALL ADOPT REG ULATIONS ESTABLISHIN G THE 12
594		-	ADMINISTRATIVE PENAL TIES LISTED IN SUBSE CTION (A) OF THIS SECTION. 13
595		-
596		-	(C) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UN DER THIS 14
597		-	SECTION TO THE BOARD OF PHYSICIANS FUND ESTABLISHED UNDE R § 14–207 OF 15
598		-	THIS SUBTITLE. 16
599		-
600		-	14–302. 17
601		-
602		-	Subject to the rules, regulations, and orders of the Board, the following individuals 18
603		-	may practice medicine without a license: 19
604		-
605		-	(2) A physician licensed by and residing in another jurisdiction, if the 20
606		-	physician: 21
607		-
608		-	(iii) Is engaged in clinical training or participates in training or 22
609		-	teaching of a skill or procedure in a hospital if: 23
610		-
611		-	4. The visiting physician has no history of any medical 24
612		-	disciplinary action in any other state, territory, nation, or any branch of the United States 25
613		-	uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 26
614		-	AFFAIRS, and has no significant detrimental malpractice history; 27
615		-
616		-	(3) A physician employed in the service of the federal government while 28
617		-	[performing the duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 29
618		-	employment; 30
619		-
620		-	14–306. 31
	573	+	(3) FAILURE TO COMPL ETE A SUPPLEMENTAL A PPLICATION FOR A 1
	574	+	LICENSE COMPACT . 2
	575	+
	576	+	(B) THE BOARD SHALL ADOPT REG ULATIONS ESTABLISHIN G THE 3
	577	+	ADMINISTRATIVE PENAL TIES LISTED IN SUBSE CTION (A) OF THIS SECTION. 4
	578	+
	579	+	(C) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 5
	580	+	SECTION TO THE BOARD OF PHYSICIANS FUND ESTABLISHED UNDE R § 14–207 OF 6
	581	+	THIS SUBTITLE. 7
	582	+
	583	+	14–302. 8
	584	+
	585	+	Subject to the rules, regulations, and orders of the Board, the following individuals 9
	586	+	may practice medicine without a license: 10
	587	+
	588	+	(2) A physician licensed by and residing in another jurisdiction, if the 11
	589	+	physician: 12
	590	+
	591	+	(iii) Is engaged in clinical training or participates in training or 13
	592	+	teaching of a skill or procedure in a hospital if: 14
	593	+
	594	+	4. The visiting physician has no history of any medical 15
	595	+	disciplinary action in any other state, territory, nation, or any branch of the United States 16
	596	+	uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 17
	597	+	AFFAIRS, and has no significant detrimental malpractice history; 18
	598	+
	599	+	(3) A physician employed in the service of the federal government while 19
	600	+	[performing the duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 20
	601	+	employment; 21
	602	+
	603	+	14–306. 22
	604	+
	605	+	(g) (1) (iii) “Supervised medical graduate” means an individual who: 23
	606	+
	607	+	2. Has passed parts 1 and 2 of the: 24
	608	+
	609	+	A. United States Medical Licensing Examination; OR 25
	610	+
	611	+	B. COMPREHENSIVE OSTEOPATHIC MEDICAL 26
	612	+	LICENSING EXAMINATION OF THE UNITED STATES. 27
	613	+
	614	+	14–307. 28
621	615		14 HOUSE BILL 776
622	616
623	617
624		-	(g) (1) (iii) “Supervised medical graduate” means an individual who: 1
625		-
626		-	2. Has passed parts 1 and 2 of the: 2
627		-
628		-	A. United States Medical Licensing Examination; OR 3
629		-
630		-	B. COMPREHENSIVE OSTEOPATHIC MEDICAL 4
631		-	LICENSING EXAMINATION OF THE UNITED STATES. 5
632		-
633		-	14–307. 6
634		-
635		-	(e) Except as otherwise provided in this subtitle, the applicant shall [pass an 7
636		-	examination required] MEET ANY EDUCATION , CERTIFICATION , TRAINING, OR 8
637		-	EXAMINATION REQUIREM ENTS ESTABLISHED by the Board. 9
638		-
639		-	(h) (1) The Board shall require as part of its examination or licensing 10
640		-	procedures that an applicant for a license to practice medicine demonstrate an oral AND 11
641		-	WRITTEN competency in the English language. 12
642		-
643		-	(2) Graduation from a recognized English–speaking undergraduate school 13
644		-	or high school, including General Education Development (GED), after at least 3 years of 14
645		-	enrollment, or from a recognized English–speaking professional school is acceptable as 15
646		-	proof of proficiency in the oral AND WRITTEN communication of the English language 16
647		-	under this section. 17
648		-
649		-	(3) By regulation, the Board shall develop a procedure for testing 18
650		-	individuals who because of their speech impairment are unable to complete satisfactorily a 19
651		-	Board approved standardized test of oral competency. 20
652		-
653		-	(4) If any disciplinary charges or action that involves a problem with the 21
654		-	oral AND WRITTEN communication of the English language are brought against a licensee 22
655		-	under this title, the Board shall require the licensee to take and pass a Board approved 23
656		-	standardized test of oral AND WRITTEN competency. 24
657		-
658		-	14–308. 25
659		-
660		-	(a) (1) In this section the following terms have the meanings indicated. 26
661		-
662		-	(2) “Fifth pathway program” means a program that the Board approves in 27
663		-	its regulations for a student who: 28
664		-
665		-	(i) Has studied medicine at [a foreign] AN INTERNATIONAL 29
666		-	medical school; 30
667		-
668		-	(ii) Was a United States citizen when the student enrolled in the 31
669		-	[foreign] INTERNATIONAL medical school; and 32 HOUSE BILL 776 15
670		-
671		-
672		-
673		-	(iii) Has completed all of the formal requirements for graduation 1
674		-	from the [foreign] INTERNATIONAL medical school, except for any social service or 2
675		-	postgraduate requirements. 3
676		-
677		-	(3) [“Foreign] “INTERNATIONAL medical school” means a medical school 4
678		-	located outside of the United States, its territories or possessions, Puerto Rico, or Canada. 5
679		-
680		-	(b) An applicant for a license is exempt from the educational requirements of § 6
681		-	14–307 of this subtitle, if the applicant: 7
682		-
683		-	(1) Has studied medicine at [a foreign] AN INTERNATIONAL medical 8
684		-	school; 9
685		-
686		-	(2) Is certified by the Educational Commission for Foreign Medical 10
687		-	Graduates or by its successor as approved by the Board; 11
688		-
689		-	(3) Passes a qualifying examination for [foreign] INTERNATIONAL 12
690		-	medical school graduates required by the Board; 13
691		-
692		-	(4) Meets any other qualifications for [foreign] INTERNATIONAL medical 14
693		-	school graduates that the Board establishes in its regulation for licensing of applicants; 15
694		-
695		-	(5) Submits acceptable evidence to the Board of the requirements set in the 16
696		-	Board’s regulations; and 17
697		-
698		-	(6) Meets one of the following requirements: 18
699		-
700		-	(i) The applicant graduated from any [foreign] INTERNATIONAL 19
701		-	medical school and submits evidence acceptable to the Board of successful completion of 2 20
702		-	years of training in a postgraduate medical education program accredited by an accrediting 21
703		-	organization recognized by the Board; or 22
704		-
705		-	(ii) The applicant successfully completed a fifth pathway program 23
706		-	and submits evidence acceptable to the Board that the applicant: 24
707		-
708		-	1. Has a document issued by the [foreign] INTERNATIONAL 25
709		-	medical school certifying that the applicant completed all of the formal requirements of 26
710		-	that school for the study of medicine, except for the postgraduate or social service 27
711		-	components as required by the [foreign] INTERNATIONAL country or its medical school; 28
712		-
713		-	2. Has successfully completed a fifth pathway program; and 29
714		-
715		-	3. Has successfully completed 2 years of training in a 30
716		-	postgraduate medical education program following completion of a Board approved fifth 31
717		-	pathway program. 32 16 HOUSE BILL 776
718		-
719		-
720		-
721		-	14–309. 1
722		-
723		-	[(a)] To apply for a license, an applicant shall: 2
724		-
725		-	(1) Complete a criminal history records check in accordance with § 3
726		-	14–308.1 of this subtitle; 4
727		-
728		-	(2) Submit an application to the Board on the form that the Board requires; 5
729		-	and 6
730		-
731		-	(3) Pay to the Board the application fee set by the Board. 7
732		-
733		-	[(b) The Board may not release a list of applicants for licensure.] 8
734		-
735		-	14–315. 9
736		-
737		-	(b) Except as provided in subsection (c) of this section, each license issued under 10
738		-	this section expires on [the second anniversary of the date on which it is issued] A DATE 11
739		-	SET BY THE BOARD and may be renewed [every 2 years on application to] FOR A TERM 12
740		-	SET BY the Board. 13
741		-
742		-	14–316. 14
743		-
744		-	(a) (3) A license expires on a date set by the Board, unless the license is 15
745		-	renewed for [a] AN ADDITIONAL term as provided in this section. 16
746		-
747		-	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 17
748		-	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 18
749		-	last known electronic or physical address of the licensee[: 19
750		-
751		-	(i) A] A renewal notice that states: 20
752		-
753		-	[1.] (I) The date on which the current license expires; 21
754		-
755		-	[2.] (II) The date by which the renewal application must be 22
756		-	received by the Board for the renewal to be issued and mailed before the license expires; 23
757		-	and 24
758		-
759		-	[3.] (III) The amount of the renewal fee[; and 25
760		-
761		-	(ii) A blank panel data sheet supplied by the Health Care 26
762		-	Alternative Dispute Resolution Office]. 27
763		-
764		-	(c) (1) Before the license expires, the licensee periodically may renew it for an 28
765		-	additional term, if the licensee: 29 HOUSE BILL 776 17
766		-
767		-
768		-
769		-	(i) Otherwise is entitled to be licensed; 1
770		-
771		-	(ii) Is of good moral character; 2
772		-
773		-	(iii) Pays to the Board a renewal fee set by the Board; [and] 3
774		-
775		-	(iv) Submits to the Board: 4
776		-
777		-	1. A renewal application on the form that the Board requires; 5
778		-	and 6
779		-
780		-	2. Satisfactory evidence of compliance with any continuing 7
781		-	education OR COMPETENCY requirements set under this section for license renewal; AND 8
782		-
783		-	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 9
784		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 10
785		-
786		-	(d) (1) In addition to any other qualifications and requirements established by 11
787		-	the Board, the Board may establish continuing education OR COMPETENCY requirements 12
788		-	as a condition to the renewal of licenses under this section. 13
789		-
790		-	(f) (1) [Each] A licensee shall notify [the secretary of] the Board in writing of 14
791		-	[any] A change [in the licensee’s] IN name or address within [60] 10 30 days after the 15
792		-	change. 16
793		-
794		-	(2) [If a] A licensee WHO fails to [notify the secretary of the Board within 17
795		-	the time required under this section, the licensee] COMPLY WITH PARAGRAP H (1) OF 18
796		-	THIS SUBSECTION is subject to an administrative penalty of $100. 19
797		-
798		-	14–317. 20
799		-
800		-	The Board shall reinstate the license of a physician who has failed to renew the 21
801		-	license for any reason, is on inactive status under § 14–320 of this subtitle, or is on emeritus 22
802		-	status under § 14–320.1 of this subtitle if the physician: 23
803		-
804		-	(1) Meets the renewal requirements of § 14–316 of this subtitle; 24
805		-
806		-	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 25
807		-	THE BOARD REQUIRES ; 26
808		-
809		-	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 27
810		-
811		-	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 28
812		-	the qualifications and requirements established under this title for license reinstatements; 29
813		-	AND 30 18 HOUSE BILL 776
814		-
815		-
816		-
817		-	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 1
818		-	REQUIREMENTS ESTABLI SHED BY THE BOARD. 2
819		-
820		-	14–3A–01. 3
821		-
822		-	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 4
823		-
824		-	(f) An expedited license obtained [though] THROUGH the Compact shall be 5
825		-	terminated if a physician fails to maintain a license in the state of principal license for a 6
826		-	nondisciplinary reason, without redesignation of a new state of principal license. 7
827		-
828		-	14–401. 8
829		-
830		-	(a) There are two disciplinary panels [through which allegations of grounds for 9
831		-	disciplinary action against a licensed physician or an allied health professional shall be 10
832		-	resolved] RESPONSIBLE FOR RESO LVING ALLEGATIONS OF VIOLATIONS OF THIS 11
833		-	TITLE AND TITLE 15 OF THIS ARTICLE . 12
834		-
835		-	14–401.1. 13
836		-
837		-	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 14
838		-	subtitle, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, [or] § 14–5F–21, 15
839		-	OR § 14–5G–18 of this title, or § 15–315 of this article, the chair of the disciplinary panel 16
840		-	that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the 17
841		-	complaint to the [other disciplinary panel] OFFICE OF ADMINISTRATIVE HEARINGS. 18
842		-
843		-	(ii) If the [complaint proceeds to a hearing and is referred to the 19
844		-	other disciplinary panel under subparagraph (i) of this paragraph,] DISCIPLINARY PANEL 20
845		-	RESCINDS ITS REFERRA L OF THE COMPLAINT T O THE OFFICE OF ADMINISTRATIVE 21
846		-	HEARINGS, the COMPLAINT WILL RETUR N TO THE ORIGINAL disciplinary panel that 22
847		-	was assigned the complaint under paragraph (2)(i) of this subsection. 23
848		-
849		-	(III) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 24
850		-	ADMINISTRATIVE HEARINGS, THE CHAIR OF THE ORI GINAL DISCIPL INARY PANEL 25
851		-	THAT WAS ASSIGNED TH E COMPLAINT UNDER PA RAGRAPH (2)(I) OF THIS 26
852		-	SUBSECTION SHALL REF ER THE COMPLAINT TO THE OTHER DISCIPLINA RY PANEL 27
853		-	FOR FURTHER ACTION . 28
854		-
855		-	(IV) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 29
856		-	ADMINISTRATIVE HEARINGS, THE ORIGINAL DISCIPLINARY PANEL T HAT WAS 30
857		-	ASSIGNED THE COMPLAI NT UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION , or any 31
858		-	of its members, may not: 32
859		-
860		-	1. Continue to handle the complaint; 33 HOUSE BILL 776 19
861		-
862		-
863		-
864		-	2. Participate in any disciplinary proceedings regarding the 1
865		-	complaint; or 2
866		-
867		-	3. Determine the final disposition of the complaint. 3
868		-
869		-	(f) (1) The entity or individual peer reviewer with which the Board contracts 4
870		-	under subsection (e) of this section shall have [90] 60 days for completion of peer review. 5
871		-
872		-	(2) The entity or individual peer reviewer may apply to the Board for an 6
873		-	extension of up to [30] 20 days to the time limit imposed under paragraph (1) of this 7
874		-	subsection. 8
875		-
876		-	(3) If an extension is not granted, and [90] 60 days have elapsed, the Board 9
877		-	may contract with any other entity or individual who meets the requirements of subsection 10
878		-	(e)(2) of this section for the services of peer review. 11
879		-
880		-	(4) If an extension has been granted, and [120] 80 days have elapsed, the 12
881		-	Board may contract with any other entity or individual who meets the requirements of 13
882		-	subsection (e)(2) of this section for the services of peer review. 14
883		-
884		-	14–402. 15
885		-
886		-	(a) In reviewing an application for licensure or in investigating an allegation 16
887		-	brought against a licensed physician or any allied health professional regulated by the 17
888		-	Board under this title OR TITLE 15 OF THIS ARTICLE , the [Physician] Rehabilitation 18
889		-	Program may request the Board to direct, or the Board or a disciplinary panel on its own 19
890		-	initiative may direct, the licensed physician or any allied health professional regulated by 20
891		-	the Board under this title OR TITLE 15 OF THIS ARTICLE to submit to an appropriate 21
892		-	examination. 22
893		-
894		-	(b) In return for the privilege given by the State issuing a license, certification, or 23
895		-	registration, the licensed, certified, or registered individual is deemed to have: 24
896		-
897		-	(1) Consented to submit to an examination under this section, if requested 25
898		-	by the Board in writing; and 26
899		-
900		-	(2) Waived any claim of privilege as to the testimony or examination 27
901		-	reports. 28
902		-
903		-	(c) The unreasonable failure or refusal of the [licensed individual] APPLICANT 29
904		-	OR LICENSEE to submit to an examination is prima facie evidence of the [licensed 30
905		-	individual’s] APPLICANT’S OR LICENSEE’S inability to practice medicine or the respective 31
906		-	discipline competently, unless the Board or disciplinary panel finds that the failure or 32
907		-	refusal was beyond the control of the [licensed individual] APPLICANT OR LICENSE E. 33
908		-	20 HOUSE BILL 776
909		-
910		-
911		-	(d) The Board shall pay the costs of any examination made under this section 1
912		-	FOR: 2
913		-
914		-	(1) A LICENSEE; OR 3
915		-
916		-	(2) AN APPLICANT WHO WAS NOT PREVIOUSLY LICEN SED BY THE 4
917		-	BOARD. 5
918		-
919		-	[(e) (1) The Board or the entity or entities with which the Board contracts shall 6
920		-	appoint the members of the Physician Rehabilitation Program. 7
921		-
922		-	(2) The chair of the Board shall appoint one member of the Board to serve 8
923		-	as a liaison to the Physician Rehabilitation Program.] 9
924		-
925		-	(E) AN APPLICANT FOR REIN STATEMENT SHALL PAY THE COST OF ANY 10
926		-	EXAMINATION DIRECTED BY THE BOARD UNDER THIS SECT ION. 11
927		-
928		-	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 12
929		-	Auditor as provided in § 2–1220 of the State Government Article. 13
930		-
931		-	14–403. 14
932		-
933		-	(a) Unless a disciplinary panel agrees to accept the surrender of a license, 15
934		-	certification, or registration of an individual the Board regulates, the individual may not 16
935		-	surrender the license, certification, or registration nor may the license, certification, or 17
936		-	registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 18
937		-	DISCIPLINE while the individual is under investigation or while charges are pending. 19
938		-
939		-	14–404. 20
940		-
941		-	(a) Subject to the hearing provisions of § 14–405 of this subtitle, a disciplinary 21
942		-	panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may 22
943		-	reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 23
944		-	the licensee: 24
945		-
946		-	(4) Is [professionally, physically, or mentally]: 25
947		-
948		-	(I) PROFESSIONALLY INCOMP ETENT; 26
949		-
950		-	(II) PHYSICALLY INCOMPETEN T; OR 27
951		-
952		-	(III) MENTALLY incompetent; 28
953		-	HOUSE BILL 776 21
954		-
955		-
956		-	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 1
957		-	OVERUTILIZATION OF health care services EXCESSIVE OR MEDICAL LY UNNECESSARY 2
958		-	PROCEDURES OR TREATM ENT; 3
959		-
960		-	(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 4
961		-	violation of § 5–704 of the Family Law Article; 5
962		-
963		-	(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 6
964		-	influences, or attempts to intimidate or influence, for the purpose of causing any person to 7
965		-	withhold or change testimony in hearings or proceedings before the Board or a disciplinary 8
966		-	panel or those otherwise delegated to the Office of Administrative Hearings; 9
967		-
968		-	(38) [By corrupt means, threats, or force, hinders] HINDERS WILLFULLY 10
969		-	HINDERS, prevents, or otherwise delays any person from making information available to 11
970		-	the Board or a disciplinary panel in furtherance of any investigation of the Board or a 12
971		-	disciplinary panel; 13
972		-
973		-	(45) Fails to comply with § 1–223 of this article; [or] 14
974		-
975		-	(46) Fails to comply with the requirements of the Prescription Drug 15
976		-	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; OR 16
977		-
978		-	(47) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 17
979		-	PANEL. 18
980		-
981		-	14–405. 19
982		-
983		-	(a) Except as otherwise provided in the Administrative Procedure Act, before the 20
984		-	Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 21
985		-	14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), 22
986		-	[or] § 14–5F–18, OR § 14–5G–18(A) of this title, it shall give the individual against whom 23
987		-	the action is contemplated an opportunity for a hearing before a hearing officer. 24
988		-
989		-	14–409. 25
990		-
991		-	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel 26
992		-	may reinstate the license of an individual whose license has been surrendered or revoked 27
993		-	under this title only in accordance with: 28
994		-
995		-	(i) The terms and conditions of the order of revocation or letter of 29
996		-	surrender; 30
997		-
998		-	(ii) An order of reinstatement issued by the disciplinary panel; or 31
999		-
1000		-	(iii) A final judgment in any proceeding for review. 32
	618	+	(e) Except as otherwise provided in this subtitle, the applicant shall [pass an 1
	619	+	examination required] MEET ANY EDUCATION , CERTIFICATION , TRAINING, OR 2
	620	+	EXAMINATION REQUIREM ENTS ESTABLISHED by the Board. 3
	621	+
	622	+	(h) (1) The Board shall require as part of its examination or licensing 4
	623	+	procedures that an applicant for a license to practice medicine demonstrate an oral AND 5
	624	+	WRITTEN competency in the English language. 6
	625	+
	626	+	(2) Graduation from a recognized English–speaking undergraduate school 7
	627	+	or high school, including General Education Development (GED), after at least 3 years of 8
	628	+	enrollment, or from a recognized English–speaking professional school is acceptable as 9
	629	+	proof of proficiency in the oral AND WRITTEN communication of the English language 10
	630	+	under this section. 11
	631	+
	632	+	(3) By regulation, the Board shall develop a procedure for testing 12
	633	+	individuals who because of their speech impairment are unable to complete satisfactorily a 13
	634	+	Board approved standardized test of oral competency. 14
	635	+
	636	+	(4) If any disciplinary charges or action that involves a problem with the 15
	637	+	oral AND WRITTEN communication of the English language are brought against a licensee 16
	638	+	under this title, the Board shall require the licensee to take and pass a Board approved 17
	639	+	standardized test of oral AND WRITTEN competency. 18
	640	+
	641	+	14–308. 19
	642	+
	643	+	(a) (1) In this section the following terms have the meanings indicated. 20
	644	+
	645	+	(2) “Fifth pathway program” means a program that the Board approves in 21
	646	+	its regulations for a student who: 22
	647	+
	648	+	(i) Has studied medicine at [a foreign] AN INTERNATIONAL 23
	649	+	medical school; 24
	650	+
	651	+	(ii) Was a United States citizen when the student enrolled in the 25
	652	+	[foreign] INTERNATIONAL medical school; and 26
	653	+
	654	+	(iii) Has completed all of the formal requirements for graduation 27
	655	+	from the [foreign] INTERNATIONAL medical school, except for any social service or 28
	656	+	postgraduate requirements. 29
	657	+
	658	+	(3) [“Foreign] “INTERNATIONAL medical school” means a medical school 30
	659	+	located outside of the United States, its territories or possessions, Puerto Rico, or Canada. 31
	660	+
	661	+	(b) An applicant for a license is exempt from the educational requirements of § 32
	662	+	14–307 of this subtitle, if the applicant: 33
	663	+	HOUSE BILL 776 15
	664	+
	665	+
	666	+	(1) Has studied medicine at [a foreign] AN INTERNATIONAL medical 1
	667	+	school; 2
	668	+
	669	+	(2) Is certified by the Educational Commission for Foreign Medical 3
	670	+	Graduates or by its successor as approved by the Board; 4
	671	+
	672	+	(3) Passes a qualifying examination for [foreign] INTERNATIONAL 5
	673	+	medical school graduates required by the Board; 6
	674	+
	675	+	(4) Meets any other qualifications for [foreign] INTERNATIONAL medical 7
	676	+	school graduates that the Board establishes in its regulation for licensing of applicants; 8
	677	+
	678	+	(5) Submits acceptable evidence to the Board of the requirements set in the 9
	679	+	Board’s regulations; and 10
	680	+
	681	+	(6) Meets one of the following requirements: 11
	682	+
	683	+	(i) The applicant graduated from any [foreign] INTERNATIONAL 12
	684	+	medical school and submits evidence acceptable to the Board of successful completion of 2 13
	685	+	years of training in a postgraduate medical education program accredited by an accrediting 14
	686	+	organization recognized by the Board; or 15
	687	+
	688	+	(ii) The applicant successfully completed a fifth pathway program 16
	689	+	and submits evidence acceptable to the Board that the applicant: 17
	690	+
	691	+	1. Has a document issued by the [foreign] INTERNATIONAL 18
	692	+	medical school certifying that the applicant completed all of the formal requirements of 19
	693	+	that school for the study of medicine, except for the postgraduate or social service 20
	694	+	components as required by the [foreign] INTERNATIONAL country or its medical school; 21
	695	+
	696	+	2. Has successfully completed a fifth pathway program; and 22
	697	+
	698	+	3. Has successfully completed 2 years of training in a 23
	699	+	postgraduate medical education program following completion of a Board approved fifth 24
	700	+	pathway program. 25
	701	+
	702	+	14–309. 26
	703	+
	704	+	[(a)] To apply for a license, an applicant shall: 27
	705	+
	706	+	(1) Complete a criminal history records check in accordance with § 28
	707	+	14–308.1 of this subtitle; 29
	708	+
	709	+	(2) Submit an application to the Board on the form that the Board requires; 30
	710	+	and 31
	711	+	16 HOUSE BILL 776
	712	+
	713	+
	714	+	(3) Pay to the Board the application fee set by the Board. 1
	715	+
	716	+	[(b) The Board may not release a list of applicants for licensure.] 2
	717	+
	718	+	14–315. 3
	719	+
	720	+	(b) Except as provided in subsection (c) of this section, each license issued under 4
	721	+	this section expires on [the second anniversary of the date on which it is issued] A DATE 5
	722	+	SET BY THE BOARD and may be renewed [every 2 years on application to] FOR A TERM 6
	723	+	SET BY the Board. 7
	724	+
	725	+	14–316. 8
	726	+
	727	+	(a) (3) A license expires on a date set by the Board, unless the license is 9
	728	+	renewed for [a] AN ADDITIONAL term as provided in this section. 10
	729	+
	730	+	(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 11
	731	+	license expires, the Board shall send to the licensee, by electronic or first–class mail to the 12
	732	+	last known electronic or physical address of the licensee[: 13
	733	+
	734	+	(i) A] A renewal notice that states: 14
	735	+
	736	+	[1.] (I) The date on which the current license expires; 15
	737	+
	738	+	[2.] (II) The date by which the renewal application must be 16
	739	+	received by the Board for the renewal to be issued and mailed before the license expires; 17
	740	+	and 18
	741	+
	742	+	[3.] (III) The amount of the renewal fee[; and 19
	743	+
	744	+	(ii) A blank panel data sheet supplied by the Health Care 20
	745	+	Alternative Dispute Resolution Office]. 21
	746	+
	747	+	(c) (1) Before the license expires, the licensee periodically may renew it for an 22
	748	+	additional term, if the licensee: 23
	749	+
	750	+	(i) Otherwise is entitled to be licensed; 24
	751	+
	752	+	(ii) Is of good moral character; 25
	753	+
	754	+	(iii) Pays to the Board a renewal fee set by the Board; [and] 26
	755	+
	756	+	(iv) Submits to the Board: 27
	757	+
	758	+	1. A renewal application on the form that the Board requires; 28
	759	+	and 29 HOUSE BILL 776 17
	760	+
	761	+
	762	+
	763	+	2. Satisfactory evidence of compliance with any continuing 1
	764	+	education OR COMPETENCY requirements set under this section for license renewal; AND 2
	765	+
	766	+	(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 3
	767	+	REQUIREMENTS ESTABLISHED BY THE BOARD. 4
	768	+
	769	+	(d) (1) In addition to any other qualifications and requirements established by 5
	770	+	the Board, the Board may establish continuing education OR COMPETENCY requirements 6
	771	+	as a condition to the renewal of licenses under this section. 7
	772	+
	773	+	(f) (1) [Each] A licensee shall notify [the secretary of] the Board in writing of 8
	774	+	[any] A change [in the licensee’s] IN name or address within [60] 10 days after the change. 9
	775	+
	776	+	(2) [If a] A licensee WHO fails to [notify the secretary of the Board within 10
	777	+	the time required under this section, the licensee] COMPLY WITH PARAGRAP H (1) OF 11
	778	+	THIS SUBSECTION is subject to an administrative penalty of $100. 12
	779	+
	780	+	14–317. 13
	781	+
	782	+	The Board shall reinstate the license of a physician who has failed to renew the 14
	783	+	license for any reason, is on inactive status under § 14–320 of this subtitle, or is on emeritus 15
	784	+	status under § 14–320.1 of this subtitle if the physician: 16
	785	+
	786	+	(1) Meets the renewal requirements of § 14–316 of this subtitle; 17
	787	+
	788	+	(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 18
	789	+	THE BOARD REQUIRES ; 19
	790	+
	791	+	[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 20
	792	+
	793	+	[(3)] (4) Submits to the Board satisfactory evidence of compliance with 21
	794	+	the qualifications and requirements established under this title for license reinstatements; 22
	795	+	AND 23
	796	+
	797	+	(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 24
	798	+	REQUIREMENTS ESTABLI SHED BY THE BOARD. 25
	799	+
	800	+	14–401. 26
	801	+
	802	+	(a) There are two disciplinary panels [through which allegations of grounds for 27
	803	+	disciplinary action against a licensed physician or an allied health professional shall be 28
	804	+	resolved] RESPONSIBLE FOR RESO LVING ALLEGATIONS OF VIOLATIONS OF THIS 29
	805	+	TITLE AND TITLE 15 OF THIS ARTICLE . 30
	806	+	18 HOUSE BILL 776
	807	+
	808	+
	809	+	14–401.1. 1
	810	+
	811	+	(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 2
	812	+	subtitle, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, [or] § 14–5F–21, 3
	813	+	OR § 14–5G–18 of this title, or § 15–315 of this article, the chair of the disciplinary panel 4
	814	+	that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the 5
	815	+	complaint to the [other disciplinary panel] OFFICE OF ADMINISTRATIVE HEARINGS. 6
	816	+
	817	+	(ii) If the [complaint proceeds to a hearing and is referred to the 7
	818	+	other disciplinary panel under subparagraph (i) of this paragraph,] DISCIPLINARY PANEL 8
	819	+	RESCINDS ITS REFERRA L OF THE COMPLAINT T O THE OFFICE OF ADMINISTRATIVE 9
	820	+	HEARINGS, the COMPLAINT WILL RETUR N TO THE ORIGINAL disciplinary panel that 10
	821	+	was assigned the complaint under paragraph (2)(i) of this subsection. 11
	822	+
	823	+	(III) AFTER AN EVIDENTI ARY HEARING AT THE OFFICE OF 12
	824	+	ADMINISTRATIVE HEARINGS, THE CHAIR OF THE ORI GINAL DISCIPLINARY P ANEL 13
	825	+	THAT WAS ASSIGNED TH E COMPLAINT UNDER PA RAGRAPH (2)(I) OF THIS 14
	826	+	SUBSECTION SHALL REF ER THE COMPLAINT TO THE OTHER DISCIPLINA RY PANEL 15
	827	+	FOR FURTHER ACTION . 16
	828	+
	829	+	(IV) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 17
	830	+	ADMINISTRATIVE HEARINGS, THE ORIGINAL DISCIPL INARY PANEL THAT WAS 18
	831	+	ASSIGNED THE COMPLAI NT UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION , or any 19
	832	+	of its members, may not: 20
	833	+
	834	+	1. Continue to handle the complaint; 21
	835	+
	836	+	2. Participate in any disciplinary proceedings regarding the 22
	837	+	complaint; or 23
	838	+
	839	+	3. Determine the final disposition of the complaint. 24
	840	+
	841	+	(f) (1) The entity or individual peer reviewer with which the Board contracts 25
	842	+	under subsection (e) of this section shall have [90] 60 days for completion of peer review. 26
	843	+
	844	+	(2) The entity or individual peer reviewer may apply to the Board for an 27
	845	+	extension of up to [30] 20 days to the time limit imposed under paragraph (1) of this 28
	846	+	subsection. 29
	847	+
	848	+	(3) If an extension is not granted, and [90] 60 days have elapsed, the Board 30
	849	+	may contract with any other entity or individual who meets the requirements of subsection 31
	850	+	(e)(2) of this section for the services of peer review. 32
	851	+	HOUSE BILL 776 19
	852	+
	853	+
	854	+	(4) If an extension has been granted, and [120] 80 days have elapsed, the 1
	855	+	Board may contract with any other entity or individual who meets the requirements of 2
	856	+	subsection (e)(2) of this section for the services of peer review. 3
	857	+
	858	+	14–402. 4
	859	+
	860	+	(a) In reviewing an application for licensure or in investigating an allegation 5
	861	+	brought against a licensed physician or any allied health professional regulated by the 6
	862	+	Board under this title OR TITLE 15 OF THIS ARTICLE , the [Physician] Rehabilitation 7
	863	+	Program may request the Board to direct, or the Board or a disciplinary panel on its own 8
	864	+	initiative may direct, the licensed physician or any allied health professional regulated by 9
	865	+	the Board under this title OR TITLE 15 OF THIS ARTICLE to submit to an appropriate 10
	866	+	examination. 11
	867	+
	868	+	(b) In return for the privilege given by the State issuing a license, certification, or 12
	869	+	registration, the licensed, certified, or registered individual is deemed to have: 13
	870	+
	871	+	(1) Consented to submit to an examination under this section, if requested 14
	872	+	by the Board in writing; and 15
	873	+
	874	+	(2) Waived any claim of privilege as to the testimony or examination 16
	875	+	reports. 17
	876	+
	877	+	(c) The unreasonable failure or refusal of the [licensed individual] APPLICANT 18
	878	+	OR LICENSEE to submit to an examination is prima facie evidence of the [licensed 19
	879	+	individual’s] APPLICANT’S OR LICENSEE’S inability to practice medicine or the respective 20
	880	+	discipline competently, unless the Board or disciplinary panel finds that the failure or 21
	881	+	refusal was beyond the control of the [licensed individual] APPLICANT OR LICENSE E. 22
	882	+
	883	+	(d) The Board shall pay the costs of any examination made under this section 23
	884	+	FOR: 24
	885	+
	886	+	(1) A LICENSEE; OR 25
	887	+
	888	+	(2) AN APPLICANT WHO WAS NOT PREVIOUSLY LICEN SED BY THE 26
	889	+	BOARD. 27
	890	+
	891	+	[(e) (1) The Board or the entity or entities with which the Board contracts shall 28
	892	+	appoint the members of the Physician Rehabilitation Program. 29
	893	+
	894	+	(2) The chair of the Board shall appoint one member of the Board to serve 30
	895	+	as a liaison to the Physician Rehabilitation Program.] 31
	896	+
	897	+	(E) AN APPLICANT FOR REIN STATEMENT SHALL PAY THE COST OF ANY 32
	898	+	EXAMINATION DIRECTED BY THE BOARD UNDER THIS SECT ION. 33 20 HOUSE BILL 776
	899	+
	900	+
	901	+
	902	+	(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 1
	903	+	Auditor as provided in § 2–1220 of the State Government Article. 2
	904	+
	905	+	14–403. 3
	906	+
	907	+	(a) Unless a disciplinary panel agrees to accept the surrender of a license, 4
	908	+	certification, or registration of an individual the Board regulates, the individual may not 5
	909	+	surrender the license, certification, or registration nor may the license, certification, or 6
	910	+	registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 7
	911	+	DISCIPLINE while the individual is under investigation or while charges are pending. 8
	912	+
	913	+	14–404. 9
	914	+
	915	+	(a) Subject to the hearing provisions of § 14–405 of this subtitle, a disciplinary 10
	916	+	panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may 11
	917	+	reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 12
	918	+	the licensee: 13
	919	+
	920	+	(4) Is [professionally, physically, or mentally]: 14
	921	+
	922	+	(I) PROFESSIONALLY INCOMP ETENT; 15
	923	+
	924	+	(II) PHYSICALLY INCOMPETEN T; OR 16
	925	+
	926	+	(III) MENTALLY incompetent; 17
	927	+
	928	+	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 18
	929	+	OVERUTILIZATION OF health care services; 19
	930	+
	931	+	(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 20
	932	+	violation of § 5–704 of the Family Law Article; 21
	933	+
	934	+	(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 22
	935	+	influences, or attempts to intimidate or influence, for the purpose of causing any person to 23
	936	+	withhold or change testimony in hearings or proceedings before the Board or a disciplinary 24
	937	+	panel or those otherwise delegated to the Office of Administrative Hearings; 25
	938	+
	939	+	(38) [By corrupt means, threats, or force, hinders] HINDERS, prevents, or 26
	940	+	otherwise delays any person from making information available to the Board or a 27
	941	+	disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel; 28
	942	+
	943	+	(45) Fails to comply with § 1–223 of this article; [or] 29
	944	+
	945	+	(46) Fails to comply with the requirements of the Prescription Drug 30
	946	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; OR 31 HOUSE BILL 776 21
	947	+
	948	+
	949	+
	950	+	(47) WILLFULLY MAKES A MISREPRESE NTATION TO A DISCIPL INARY 1
	951	+	PANEL. 2
	952	+
	953	+	14–405. 3
	954	+
	955	+	(a) Except as otherwise provided in the Administrative Procedure Act, before the 4
	956	+	Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 5
	957	+	14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), 6
	958	+	[or] § 14–5F–18, OR § 14–5G–18(A) of this title, it shall give the individual against whom 7
	959	+	the action is contemplated an opportunity for a hearing before a hearing officer. 8
	960	+
	961	+	14–409. 9
	962	+
	963	+	(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel 10
	964	+	may reinstate the license of an individual whose license has been surrendered or revoked 11
	965	+	under this title only in accordance with: 12
	966	+
	967	+	(i) The terms and conditions of the order of revocation or letter of 13
	968	+	surrender; 14
	969	+
	970	+	(ii) An order of reinstatement issued by the disciplinary panel; or 15
	971	+
	972	+	(iii) A final judgment in any proceeding for review. 16
	973	+
	974	+	(2) If a license is surrendered or revoked for a period of more than 1 year, 17
	975	+	[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 18
	976	+
	977	+	(i) Meets the requirements for reinstatement as established by the 19
	978	+	Board; and 20
	979	+
	980	+	(ii) Completes a criminal history records check in accordance with § 21
	981	+	14–308.1 of this title. 22
	982	+
	983	+	14–411. 23
	984	+
	985	+	(a) In this section, “record” means the proceedings, records, or files of the Board 24
	986	+	or a disciplinary panel. 25
	987	+
	988	+	(b) Except as otherwise expressly provided in this section and § 14–411.1 of this 26
	989	+	subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not 27
	990	+	disclose any information contained in a record. 28
	991	+
	992	+	(c) [Nothing in this] THIS section [shall] MAY NOT be construed to prevent or 29
	993	+	limit the disclosure of: 30
1001	994		22 HOUSE BILL 776
1002	995
1003	996
1004		-	(2) If a license is surrendered or revoked for a period of more than 1 year, 1
1005		-	[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 2
1006		-
1007		-	(i) Meets the requirements for reinstatement as established by the 3
1008		-	Board; and 4
1009		-
1010		-	(ii) Completes a criminal history records check in accordance with § 5
1011		-	14–308.1 of this title. 6
1012		-
1013		-	14–411. 7
1014		-
1015		-	(a) In this section, “record” means the proceedings, records, or files of the Board 8
1016		-	or a disciplinary panel. 9
1017		-
1018		-	(b) Except as otherwise expressly provided in this section and § 14–411.1 of this 10
1019		-	subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not 11
1020		-	disclose any information contained in a record. 12
1021		-
1022		-	(c) [Nothing in this] THIS section [shall] MAY NOT be construed to prevent or 13
1023		-	limit the disclosure of: 14
1024		-
1025		-	(1) General licensure, certification, or registration information maintained 15
1026		-	by the Board, if the request for release complies with the criteria of § 4–333 of the General 16
1027		-	Provisions Article; 17
1028		-
1029		-	(2) Profile information collected and disseminated under § 14–411.1 of this 18
1030		-	subtitle; or 19
1031		-
1032		-	(3) Personal and other identifying information of a licensee, as required by 20
1033		-	the National Practitioner Data Bank for participation in the proactive disclosure service. 21
1034		-
1035		-	(d) The Board shall disclose any information contained in a record to: 22
1036		-
1037		-	(1) A committee of a hospital, health maintenance organization, or related 23
1038		-	institution if: 24
1039		-
1040		-	(i) The committee of a medical hospital staff concerned with 25
1041		-	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 26
1042		-	organization, or related institution requests the information in writing; 27
1043		-
1044		-	(ii) A disciplinary panel has issued an order as to a [licensed 28
1045		-	physician] LICENSEE on whom the information is requested; and 29
1046		-
1047		-	(iii) The Board determines that the information requested is 30
1048		-	necessary for an investigation or action of the committee as to a medical privilege of a 31
1049		-	[licensed physician] LICENSEE; or 32 HOUSE BILL 776 23
1050		-
1051		-
1052		-
1053		-	(2) The Secretary, the Office of Health Care Quality in the Department, 1
1054		-	the Maryland Health Care Commission, or the Health Services Cost Review Commission 2
1055		-	for the purpose of investigating quality or utilization of care in any entity regulated by the 3
1056		-	Office of Health Care Quality or the Health Services Cost Review Commission. 4
1057		-
1058		-	(e) [On or before January 1, 2013, the Board, the Secretary, the Maryland Health 5
1059		-	Care Commission, and the Health Services Cost Review Commission jointly shall adopt 6
1060		-	regulations for the efficient and secure transfer, under subsection (d)(2) of this section, of 7
1061		-	any information in a record that may indicate that an investigation of an entity regulated 8
1062		-	by the Office of Health Care Quality, the Maryland Health Care Commission, or the Health 9
1063		-	Services Cost Review Commission may be appropriate. 10
1064		-
1065		-	(f)] Subsection (d)(2) of this section may not be construed to alter the authority of 11
1066		-	the Secretary under § 1–203(a) of this article or § 2–106(c) of the Health – General Article. 12
1067		-
1068		-	[(g)] (F) (1) The Board shall notify all hospitals, health maintenance 13
1069		-	organizations, or other health care facilities where a [physician or an allied health 14
1070		-	professional regulated by the Board] LICENSEE has privileges, has a provider contract with 15
1071		-	a health maintenance organization, or is employed of a complaint or report filed against 16
1072		-	that [physician] LICENSEE, if: 17
1073		-
1074		-	(i) The Board determines, in its discretion, that the hospital, health 18
1075		-	maintenance organization, or health care facility should be informed about the report or 19
1076		-	complaint; 20
1077		-
1078		-	(ii) The nature of the complaint suggests a reasonable possibility of 21
1079		-	an imminent threat to patient safety; or 22
1080		-
1081		-	(iii) The complaint or report was as a result of a claim filed in the 23
1082		-	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 24
1083		-	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 25
1084		-
1085		-	(2) The Board shall disclose any information pertaining to a [physician’s] 26
1086		-	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 27
1087		-	to a committee of a hospital, health maintenance organization, or other health care facility 28
1088		-	if: 29
1089		-
1090		-	(i) The committee is concerned with [physician] LICENSEE 30
1091		-	discipline and requests the information in writing; and 31
1092		-
1093		-	(ii) The Board has received a complaint or report pursuant to 32
1094		-	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 33
1095		-	the information is requested. 34
	997	+	(1) General licensure, certification, or registration information maintained 1
	998	+	by the Board, if the request for release complies with the criteria of § 4–333 of the General 2
	999	+	Provisions Article; 3
	1000	+
	1001	+	(2) Profile information collected and disseminated under § 14–411.1 of this 4
	1002	+	subtitle; or 5
	1003	+
	1004	+	(3) Personal and other identifying information of a licensee, as required by 6
	1005	+	the National Practitioner Data Bank for participation in the proactive disclosure service. 7
	1006	+
	1007	+	(d) The Board shall disclose any information contained in a record to: 8
	1008	+
	1009	+	(1) A committee of a hospital, health maintenance organization, or related 9
	1010	+	institution if: 10
	1011	+
	1012	+	(i) The committee of a medical hospital staff concerned with 11
	1013	+	[physician] LICENSEE discipline or other committee of a hospital, health maintenance 12
	1014	+	organization, or related institution requests the information in writing; 13
	1015	+
	1016	+	(ii) A disciplinary panel has issued an order as to a [licensed 14
	1017	+	physician] LICENSEE on whom the information is requested; and 15
	1018	+
	1019	+	(iii) The Board determines that the information requested is 16
	1020	+	necessary for an investigation or action of the committee as to a medical privilege of a 17
	1021	+	[licensed physician] LICENSEE; or 18
	1022	+
	1023	+	(2) The Secretary, the Office of Health Care Quality in the Department, 19
	1024	+	the Maryland Health Care Commission, or the Health Services Cost Review Commission 20
	1025	+	for the purpose of investigating quality or utilization of care in any entity regulated by the 21
	1026	+	Office of Health Care Quality or the Health Services Cost Review Commission. 22
	1027	+
	1028	+	(e) [On or before January 1, 2013, the Board, the Secretary, the Maryland Health 23
	1029	+	Care Commission, and the Health Services Cost Review Commission jointly shall adopt 24
	1030	+	regulations for the efficient and secure transfer, under subsection (d)(2) of this section, of 25
	1031	+	any information in a record that may indicate that an investigation of an entity regulated 26
	1032	+	by the Office of Health Care Quality, the Maryland Health Care Commission, or the Health 27
	1033	+	Services Cost Review Commission may be appropriate. 28
	1034	+
	1035	+	(f)] Subsection (d)(2) of this section may not be construed to alter the authority of 29
	1036	+	the Secretary under § 1–203(a) of this article or § 2–106(c) of the Health – General Article. 30
	1037	+
	1038	+	[(g)] (F) (1) The Board shall notify all hospitals, health maintenance 31
	1039	+	organizations, or other health care facilities where a [physician or an allied health 32
	1040	+	professional regulated by the Board] LICENSEE has privileges, has a provider contract with 33
	1041	+	a health maintenance organization, or is employed of a complaint or report filed against 34
	1042	+	that [physician] LICENSEE, if: 35 HOUSE BILL 776 23
	1043	+
	1044	+
	1045	+
	1046	+	(i) The Board determines, in its discretion, that the hospital, health 1
	1047	+	maintenance organization, or health care facility should be informed about the report or 2
	1048	+	complaint; 3
	1049	+
	1050	+	(ii) The nature of the complaint suggests a reasonable possibility of 4
	1051	+	an imminent threat to patient safety; or 5
	1052	+
	1053	+	(iii) The complaint or report was as a result of a claim filed in the 6
	1054	+	Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 7
	1055	+	filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 8
	1056	+
	1057	+	(2) The Board shall disclose any information pertaining to a [physician’s] 9
	1058	+	LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 10
	1059	+	to a committee of a hospital, health maintenance organization, or other health care facility 11
	1060	+	if: 12
	1061	+
	1062	+	(i) The committee is concerned with [physician] LICENSEE 13
	1063	+	discipline and requests the information in writing; and 14
	1064	+
	1065	+	(ii) The Board has received a complaint or report pursuant to 15
	1066	+	paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 16
	1067	+	the information is requested. 17
	1068	+
	1069	+	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 18
	1070	+	this subtitle, notify those hospitals, health maintenance organizations, or health care 19
	1071	+	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 20
	1072	+	health maintenance organization, or is employed of its formal action within 10 days after 21
	1073	+	the action is taken and shall provide the hospital, health maintenance organization, or 22
	1074	+	health care facility with periodic reports as to enforcement or monitoring of a formal 23
	1075	+	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 24
	1076	+	reports. 25
	1077	+
	1078	+	[(h)] (G) On the request of a person who has made a complaint to the Board 26
	1079	+	regarding a [physician] LICENSEE, the Board shall provide the person with information 27
	1080	+	on the status of the complaint. 28
	1081	+
	1082	+	[(i)] (H) Following the filing of charges or notice of initial denial of license 29
	1083	+	application, the Board shall disclose the filing to the public on the Board’s website. 30
	1084	+
	1085	+	[(j)] (I) The Board may disclose any information contained in a record to a 31
	1086	+	licensing or disciplinary authority of another state if: 32
	1087	+
	1088	+	(1) The licensing or disciplinary authority of another state that regulates 33
	1089	+	[licensed physicians] LICENSEES in that state requests the information in writing; and 34
1096	1090		24 HOUSE BILL 776
1097	1091
1098	1092
1099		-	(3) The Board shall, after formal action is taken pursuant to § 14–406 of 1
1100		-	this subtitle, notify those hospitals, health maintenance organizations, or health care 2
1101		-	facilities where the [physician] LICENSEE has privileges, has a provider contract with a 3
1102		-	health maintenance organization, or is employed of its formal action within 10 days after 4
1103		-	the action is taken and shall provide the hospital, health maintenance organization, or 5
1104		-	health care facility with periodic reports as to enforcement or monitoring of a formal 6
1105		-	disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 7
1106		-	reports. 8
1107		-
1108		-	[(h)] (G) On the request of a person who has made a complaint to the Board 9
1109		-	regarding a [physician] LICENSEE, the Board shall provide the person with information 10
1110		-	on the status of the complaint. 11
1111		-
1112		-	[(i)] (H) Following the filing of charges or notice of initial denial of license 12
1113		-	application, the Board shall disclose the filing to the public on the Board’s website. 13
1114		-
1115		-	[(j)] (I) The Board may disclose any information contained in a record to a 14
1116		-	licensing or disciplinary authority of another state if: 15
1117		-
1118		-	(1) The licensing or disciplinary authority of another state that regulates 16
1119		-	[licensed physicians] LICENSEES in that state requests the information in writing; and 17
1120		-
1121		-	(2) The disclosure of any information is limited to the pendency of an 18
1122		-	allegation of a ground for disciplinary or other action by a disciplinary panel until: 19
1123		-
1124		-	(i) The disciplinary panel has passed an order under § 14–406 of 20
1125		-	this subtitle; or 21
1126		-
1127		-	(ii) A [licensed physician] LICENSEE on whom the information is 22
1128		-	requested authorizes a disclosure as to the facts of an allegation or the results of an 23
1129		-	investigation before the Board. 24
1130		-
1131		-	[(k)] (J) The Board may disclose any information contained in a record to a 25
1132		-	person if: 26
1133		-
1134		-	(1) A [licensed physician] LICENSEE on whom any information is 27
1135		-	requested authorizes the person to receive the disclosure; 28
1136		-
1137		-	(2) The person requests the information in writing; and 29
1138		-
1139		-	(3) The authorization for the disclosure is in writing. 30
1140		-
1141		-	[(l)] (K) The Board may disclose any information contained in a record to the 31
1142		-	State Medical Assistance Compliance Administration, the Secretary of the U.S. 32
1143		-	Department of Health and Human Services or the Secretary’s designee, or any health 33
1144		-	occupational regulatory board if: 34 HOUSE BILL 776 25
1145		-
1146		-
1147		-
1148		-	(1) (i) The State Medical Assistance Compliance Administration or any 1
1149		-	health occupational regulatory board requests the information in writing; or 2
1150		-
1151		-	(ii) The Secretary of the U.S. Department of Health and Human 3
1152		-	Services or the Secretary’s designee is entitled to receive the information or have access to 4
1153		-	the information under 42 U.S.C. § 1396r–2; 5
1154		-
1155		-	(2) (i) A disciplinary panel has issued an order under § 14–406 of this 6
1156		-	subtitle; or 7
1157		-
1158		-	(ii) An allegation is pending before the Board or a disciplinary panel; 8
1159		-	and 9
1160		-
1161		-	(3) The Board determines that the requested information is necessary for 10
1162		-	the proper conduct of the business of that administration or board. 11
1163		-
1164		-	[(m)] (L) If the Board or a disciplinary panel determines that the information 12
1165		-	contained in a record concerns possible criminal activity, the Board or the disciplinary 13
1166		-	panel shall disclose the information to a law enforcement or prosecutorial official. 14
1167		-
1168		-	[(n)] (M) The Board may permit inspection of records for which inspection 15
1169		-	otherwise is not authorized by a person who is engaged in a research project if: 16
1170		-
1171		-	(1) The researcher submits to the executive director and the Board 17
1172		-	approves a written request that: 18
1173		-
1174		-	(i) Describes the purpose of the research project; 19
1175		-
1176		-	(ii) Describes the intent, if any, to publish the findings; 20
1177		-
1178		-	(iii) Describes the nature of the requested personal records; 21
1179		-
1180		-	(iv) Describes the safeguards that the researcher would take to 22
1181		-	protect the identity of the persons in interest; and 23
1182		-
1183		-	(v) States that persons in interest will not be contacted unless the 24
1184		-	executive director approves and monitors the contact; 25
1185		-
1186		-	(2) The executive director is satisfied that the proposed safeguards will 26
1187		-	prevent the disclosure of the identity of persons in interest; and 27
1188		-
1189		-	(3) The researcher makes an agreement with the executive director that: 28
1190		-
1191		-	(i) Defines the scope of the research project; 29
	1093	+	(2) The disclosure of any information is limited to the pendency of an 1
	1094	+	allegation of a ground for disciplinary or other action by a disciplinary panel until: 2
	1095	+
	1096	+	(i) The disciplinary panel has passed an order under § 14–406 of 3
	1097	+	this subtitle; or 4
	1098	+
	1099	+	(ii) A [licensed physician] LICENSEE on whom the information is 5
	1100	+	requested authorizes a disclosure as to the facts of an allegation or the results of an 6
	1101	+	investigation before the Board. 7
	1102	+
	1103	+	[(k)] (J) The Board may disclose any information contained in a record to a 8
	1104	+	person if: 9
	1105	+
	1106	+	(1) A [licensed physician] LICENSEE on whom any information is 10
	1107	+	requested authorizes the person to receive the disclosure; 11
	1108	+
	1109	+	(2) The person requests the information in writing; and 12
	1110	+
	1111	+	(3) The authorization for the disclosure is in writing. 13
	1112	+
	1113	+	[(l)] (K) The Board may disclose any information contained in a record to the 14
	1114	+	State Medical Assistance Compliance Administration, the Secretary of the U.S. 15
	1115	+	Department of Health and Human Services or the Secretary’s designee, or any health 16
	1116	+	occupational regulatory board if: 17
	1117	+
	1118	+	(1) (i) The State Medical Assistance Compliance Administration or any 18
	1119	+	health occupational regulatory board requests the information in writing; or 19
	1120	+
	1121	+	(ii) The Secretary of the U.S. Department of Health and Human 20
	1122	+	Services or the Secretary’s designee is entitled to receive the information or have access to 21
	1123	+	the information under 42 U.S.C. § 1396r–2; 22
	1124	+
	1125	+	(2) (i) A disciplinary panel has issued an order under § 14–406 of this 23
	1126	+	subtitle; or 24
	1127	+
	1128	+	(ii) An allegation is pending before the Board or a disciplinary panel; 25
	1129	+	and 26
	1130	+
	1131	+	(3) The Board determines that the requested information is necessary for 27
	1132	+	the proper conduct of the business of that administration or board. 28
	1133	+
	1134	+	[(m)] (L) If the Board or a disciplinary panel determines that the information 29
	1135	+	contained in a record concerns possible criminal activity, the Board or the disciplinary 30
	1136	+	panel shall disclose the information to a law enforcement or prosecutorial official. 31
	1137	+	HOUSE BILL 776 25
	1138	+
	1139	+
	1140	+	[(n)] (M) The Board may permit inspection of records for which inspection 1
	1141	+	otherwise is not authorized by a person who is engaged in a research project if: 2
	1142	+
	1143	+	(1) The researcher submits to the executive director and the Board 3
	1144	+	approves a written request that: 4
	1145	+
	1146	+	(i) Describes the purpose of the research project; 5
	1147	+
	1148	+	(ii) Describes the intent, if any, to publish the findings; 6
	1149	+
	1150	+	(iii) Describes the nature of the requested personal records; 7
	1151	+
	1152	+	(iv) Describes the safeguards that the researcher would take to 8
	1153	+	protect the identity of the persons in interest; and 9
	1154	+
	1155	+	(v) States that persons in interest will not be contacted unless the 10
	1156	+	executive director approves and monitors the contact; 11
	1157	+
	1158	+	(2) The executive director is satisfied that the proposed safeguards will 12
	1159	+	prevent the disclosure of the identity of persons in interest; and 13
	1160	+
	1161	+	(3) The researcher makes an agreement with the executive director that: 14
	1162	+
	1163	+	(i) Defines the scope of the research project; 15
	1164	+
	1165	+	(ii) Sets out the safeguards for protecting the identity of the persons 16
	1166	+	in interest; and 17
	1167	+
	1168	+	(iii) States that a breach of any condition of the agreement is a breach 18
	1169	+	of contract. 19
	1170	+
	1171	+	[(o)] (N) On the request of a person who has testified in a Board or Office of 20
	1172	+	Administrative Hearings proceeding, the Board shall provide to the person who testified a 21
	1173	+	copy of the portion of the transcript of that person’s testimony. 22
	1174	+
	1175	+	[(p)] (O) (1) The Board may publish a summary of any allegations of grounds 23
	1176	+	for disciplinary or other action. 24
	1177	+
	1178	+	(2) A summary may not identify: 25
	1179	+
	1180	+	(i) Any person who makes an allegation to the Board or any of its 26
	1181	+	investigatory bodies; 27
	1182	+
	1183	+	(ii) A [licensed physician] LICENSEE about whom an allegation is 28
	1184	+	made; or 29
1192	1185		26 HOUSE BILL 776
1193	1186
1194	1187
1195		-	(ii) ~~Sets out~~ the ~~safeguards for protecting the identity of the persons~~ 1
1196		-	~~in interest;~~ ~~and~~ 2
1197		-
1198		-	(~~iii~~) ~~States that~~ a ~~breach of any condition~~ of the ~~agreement is a breach~~ 3
1199		-	of ~~contract.~~ 4
1200		-
1201		-	~~[(o)] (N) On the request~~ of ~~a person who has testified in a Board or Office of 5~~
1202		-	~~Administrative Hearings proceeding,~~ ~~the Board shall provide to the person who testified a 6~~
1203		-	~~copy of the portion of the transcript of that person’s testimony. 7~~
1204		-
1205		-	~~[(p)] (O) (1) The Board may publish a summary of any allegations of grounds 8~~
1206		-	~~for~~ disciplinary or ~~other action.~~ 9
1207		-
1208		-	~~(2) A summary may not identify: 10~~
1209		-
1210		-	~~(i) Any person who makes an allegation~~ to the Board or ~~any of its 11~~
1211		-	~~investigatory bodies;~~ 12
1212		-
1213		-	(ii) ~~A [licensed~~ ~~physician] LICENSEE about whom an allegation is 13~~
1214		-	~~made;~~ or 14
1215		-
1216		-	~~(iii) A witness~~ in ~~an investigation or a~~ proceeding ~~before the Board or 15~~
1217		-	~~any of its investigatory bodies. 16~~
1218		-
1219		-	~~[(q)] (P) The Board shall disclose information in a record upon the request of the 17~~
1220		-	~~Governor, Secretary, or Legislative Auditor,~~ in ~~accordance with § 2–1223~~(a) of the ~~State 18~~
1221		-	~~Government Article.~~ ~~However, the Governor, Secretary, or Auditor, or any of their 19~~
1222		-	~~employees may not disclose personally identifiable information from any of these records 20~~
1223		-	~~which are otherwise confidential by law.~~ 21
1224		-
1225		-	~~[(r)] (Q) This section does not apply to: 22~~
1226		-
1227		-	(1) ~~Any disclosure of a record by~~ the ~~Board to a disciplinary panel or any of 23~~
1228		-	~~its other investigatory bodies;~~ ~~or 24~~
1229		-
1230		-	(2) ~~A licensee~~, ~~certificate holder,~~ ~~or registration holder who has been 25~~
1231		-	~~charged under~~ this ~~title or a party to a proceeding before the Board or a disciplinary panel 26~~
1232		-	~~who claims~~ to ~~be aggrieved by~~ the ~~decision~~ of the ~~Board or~~ the ~~disciplinary panel. 27~~
1233		-
1234		-	~~[(s)] (R) If any information contained in any medical or hospital document or 28~~
1235		-	~~any other exhibit is otherwise open for disclosure under law,~~ the ~~use~~ of ~~that document or 29~~
1236		-	~~exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory 30~~
1237		-	~~bodies does not prevent its disclosure in any other proceeding. 31~~
1238		-
1239		-	~~14–411.1. 32~~
1240		-	HOUSE BILL 776 27
1241		-
1242		-
1243		-	~~(c) In addition to the requirements~~ of ~~subsection (b) of this section, the Board~~ 1
1244		-	~~shall:~~ 2
1245		-
1246		-	(1) ~~FOLLOWING~~ THE ~~FILING OF CHARGES OR NOTICE OF INITIAL~~ 3
1247		-	~~DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 4~~
1248		-	BOARD~~’S WEBSITE;~~ 5
1249		-
1250		-	~~[(1)] (2) Provide appropriate and accessible Internet links from the~~ 6
1251		-	~~Board’s~~ [~~Internet site~~] ~~WEBSITE:~~ 7
1252		-
1253		-	~~(i) To the extent available, to the appropriate portion of the 8~~
1254		-	~~[Internet site]~~ ~~WEBSITE of each health maintenance organization licensed in this State~~ 9
1255		-	which ~~will allow~~ the ~~public~~ to ~~ascertain~~ the ~~names of the physicians affiliated with the~~ 10
1256		-	~~health maintenance organization;~~ ~~and~~ 11
1257		-
1258		-	(ii) To the ~~appropriate portion of the [Internet site] WEBSITE of the~~ 12
1259		-	~~American Medical Association; 13~~
1260		-
1261		-	[~~(2)~~] ~~(3) Include a statement~~ on ~~each licensee’s profile of information to~~ 14
1262		-	~~be taken into consideration by a consumer when viewing a licensee’s profile, including 15~~
1263		-	~~factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 16~~
1264		-	~~that a charging document does not indicate a final finding of guilt by a disciplinary panel; 17~~
1265		-	and 18
1266		-
1267		-	~~[(3)] (4) Provide on~~ the Board’s [~~Internet site~~] ~~WEBSITE~~: 19
1268		-
1269		-	(i) ~~Notification that a person may contact~~ the ~~Board by telephone~~, 20
1270		-	~~electronic mail~~, or ~~written request to find out whether~~ the ~~number~~ of ~~medical malpractice 21~~
1271		-	~~settlements involving~~ a ~~particular licensee totals three~~ or ~~more with a settlement amount 22~~
1272		-	~~of [$150,000] $1,000,000~~ or ~~greater within~~ the ~~most recent 5–year period as reported to 23~~
1273		-	~~the Board;~~ ~~and 24~~
1274		-
1275		-	~~(ii) A telephone number, electronic mail address, and physical 25~~
1276		-	~~address through which a person may contact~~ the ~~Board to request the information required 26~~
1277		-	~~to be provided under item (i) of this item.~~ 27
1278		-
1279		-	~~(d) The Board:~~ 28
1280		-
1281		-	(2) ~~Shall maintain~~ a ~~website that serves as a single point of entry where~~ 29
1282		-	~~all [physician] LICENSEE profile information is available to~~ the ~~public on the Internet;~~ ~~and~~ 30
1283		-
1284		-	14–~~413. 31~~
1285		-
1286		-	(a) ~~(1)~~ [~~Each~~] ~~EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF 32~~
1287		-	~~THIS SECTION~~ , ~~EACH hospital [and], related institution,~~ ~~ALTERNATIVE HEALTH 33~~ 28 HOUSE BILL 776
1288		-
1289		-
1290		-	~~SYSTEM, AND EMPLOYER~~ OF ~~A LICENSED PHYSIC IAN shall submit to the Board a report~~ 1
1291		-	~~[within 10 days]~~ ~~after:~~ 2
1292		-
1293		-	(i) The hospital [or], related institution, ALTERNATIVE HEALTH 3
1294		-	SYSTEM, OR EMPLOYER ~~denied~~ the ~~application of a physician~~ for ~~staff privileges~~ or 4
1295		-	~~limited, reduced, otherwise changed, or terminated~~ the ~~staff privileges of a~~ physician~~, or~~ 5
1296		-	~~the physician resigned whether or not under formal accusation, if the denial, limitation, 6~~
1297		-	~~reduction, change,~~ ~~termination, or resignation is~~ for ~~reasons IF:~~ 7
1298		-
1299		-	~~(I) THE EMPLOYER : 8~~
1300		-
1301		-	~~1. REDUCED~~, ~~SUSPENDED~~, ~~REVOKED, RESTRICTED,~~ 9
1302		-	~~DENIED, CONDITIONED ,~~ OR ~~DID NOT RENEW THE LICENSED PHYSICIAN ’S CLINICAL~~ 10
1303		-	~~PRIVILEGES, EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT PA TIENTS; 11~~
1304		-
1305		-	2. ~~INVOLUNTARILY TERMINA TED OR RESTRICTED TH E~~ 12
1306		-	~~LICENSED PHYSICIAN ’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 13~~
1307		-
1308		-	3. ~~ASKED THE LICENSED PH YSICIAN TO VOLUNTARI LY~~ 14
1309		-	~~RESIGN BECAUSE OF TH E LICENSED PHYSICIAN ’S CONDUCT OR WHILE T HE 15~~
1310		-	~~LICENSED PHYSICIAN I S BEING INVESTIGATED ;~~ AND 16
1311		-
1312		-	~~(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 17~~
1313		-	~~PARAGRAPH WAS TAKEN : 18~~
1314		-
1315		-	1. ~~FOR REASONS~~ that ~~might~~ be ~~grounds for disciplinary~~ 19
1316		-	~~action under § 14–404~~ of ~~this subtitle;~~ 20
1317		-
1318		-	2. ~~BECAUSE~~ THE ~~LICENSED PHYSICIAN MAY HAVE 21~~
1319		-	~~ENGAGED IN AN ACT TH AT MAY CONSTITUTE UN PROFESSIONAL CONDUCT ; 22~~
1320		-
1321		-	~~3. BECAUSE~~ THE ~~LICENSED PHYSICIAN MAY BE UNA BLE 23~~
1322		-	~~TO PRACTICE MEDICINE WITH REASONABLE SKIL L AND SAFETY BECAUSE OF A 24~~
1323		-	~~PHYSICAL OR MENTAL C ONDITION OR PROFESSIO NAL INCOMPETENCE ; OR 25~~
1324		-
1325		-	~~4. BECAUSE~~ THE ~~LICENSED PHYSICIAN MAY HAVE 26~~
1326		-	~~HARMED~~ OR ~~PLACED ONE OR MORE PATIENTS OR THE PUBLIC AT UNREAS ONABLE 27~~
1327		-	~~RISK OF HARM BY ENGA GING IN AN ACT THAT CREATES AN IMMEDIATE OR 28~~
1328		-	~~CONTINUING DANGER .~~ 29
1329		-
1330		-	~~(2) EACH REPO RT SUBMITTED UNDER P ARAGRAPH (1) OF THIS 30~~
1331		-	~~SUBSECTION SHALL INC LUDE:~~ 31
1332		-
1333		-	~~(I)~~ THE ~~ACTION TAKEN BY T HE EMPLOYER~~ ; 32
	1188	+	(iii) A witness in an investigation or a proceeding before the Board or 1
	1189	+	any of its investigatory bodies. 2
	1190	+
	1191	+	[(q)] (P) The Board shall disclose information in a record upon the request of the 3
	1192	+	Governor, Secretary, or Legislative Auditor, in accordance with § 2–1223(a) of the State 4
	1193	+	Government Article. However, the Governor, Secretary, or Auditor, or any of their 5
	1194	+	employees may not disclose personally identifiable information from any of these records 6
	1195	+	which are otherwise confidential by law. 7
	1196	+
	1197	+	[(r)] (Q) This section does not apply to: 8
	1198	+
	1199	+	(1) Any disclosure of a record by the Board to a disciplinary panel or any of 9
	1200	+	its other investigatory bodies; or 10
	1201	+
	1202	+	(2) A licensee, certificate holder, or registration holder who has been 11
	1203	+	charged under this title or a party to a proceeding before the Board or a disciplinary panel 12
	1204	+	who claims to be aggrieved by the decision of the Board or the disciplinary panel. 13
	1205	+
	1206	+	[(s)] (R) If any information contained in any medical or hospital document or 14
	1207	+	any other exhibit is otherwise open for disclosure under law, the use of that document or 15
	1208	+	exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory 16
	1209	+	bodies does not prevent its disclosure in any other proceeding. 17
	1210	+
	1211	+	14–411.1. 18
	1212	+
	1213	+	(c) In addition to the requirements of subsection (b) of this section, the Board 19
	1214	+	shall: 20
	1215	+
	1216	+	(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 21
	1217	+	DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 22
	1218	+	BOARD’S WEBSITE; 23
	1219	+
	1220	+	[(1)] (2) Provide appropriate and accessible Internet links from the 24
	1221	+	Board’s [Internet site] WEBSITE: 25
	1222	+
	1223	+	(i) To the extent available, to the appropriate portion of the 26
	1224	+	[Internet site] WEBSITE of each health maintenance organization licensed in this State 27
	1225	+	which will allow the public to ascertain the names of the physicians affiliated with the 28
	1226	+	health maintenance organization; and 29
	1227	+
	1228	+	(ii) To the appropriate portion of the [Internet site] WEBSITE of the 30
	1229	+	American Medical Association; 31
	1230	+
	1231	+	[(2)] (3) Include a statement on each licensee’s profile of information to 32
	1232	+	be taken into consideration by a consumer when viewing a licensee’s profile, including 33
	1233	+	factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 34 HOUSE BILL 776 27
	1234	+
	1235	+
	1236	+	that a charging document does not indicate a final finding of guilt by a disciplinary panel; 1
	1237	+	and 2
	1238	+
	1239	+	[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 3
	1240	+
	1241	+	(i) Notification that a person may contact the Board by telephone, 4
	1242	+	electronic mail, or written request to find out whether the number of medical malpractice 5
	1243	+	settlements involving a particular licensee totals three or more with a settlement amount 6
	1244	+	of [$150,000] $1,000,000 or greater within the most recent 5–year period as reported to 7
	1245	+	the Board; and 8
	1246	+
	1247	+	(ii) A telephone number, electronic mail address, and physical 9
	1248	+	address through which a person may contact the Board to request the information required 10
	1249	+	to be provided under item (i) of this item. 11
	1250	+
	1251	+	(d) The Board: 12
	1252	+
	1253	+	(2) Shall maintain a website that serves as a single point of entry where 13
	1254	+	all [physician] LICENSEE profile information is available to the public on the Internet; and 14
	1255	+
	1256	+	14–413. 15
	1257	+
	1258	+	(a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF 16
	1259	+	THIS SECTION , EACH hospital [and], related institution, ALTERNATIVE HEALTH 17
	1260	+	SYSTEM, AND EMPLOYER shall submit to the Board a report [within 10 days] after: 18
	1261	+
	1262	+	(i) The hospital [or], related institution, ALTERNATIVE HEALTH 19
	1263	+	SYSTEM, OR EMPLOYER denied the application of a physician for staff privileges or 20
	1264	+	limited, reduced, otherwise changed, or terminated the staff privileges of a physician, or 21
	1265	+	the physician resigned whether or not under formal accusation, if the denial, limitation, 22
	1266	+	reduction, change, termination, or resignation is for reasons that might be grounds for 23
	1267	+	disciplinary action under § 14–404 of this subtitle; 24
	1268	+
	1269	+	(ii) The hospital [or], related institution, ALTERNATIVE HEALTH 25
	1270	+	SYSTEM, OR EMPLOYER took any disciplinary action against a salaried, licensed physician 26
	1271	+	without staff privileges, including termination of employment, suspension, or probation, for 27
	1272	+	reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; 28
	1273	+
	1274	+	(iii) A licensed physician voluntarily resigned from the staff, employ, 29
	1275	+	or training program of the hospital [or], related institution, ALTERNATIVE HEALTH 30
	1276	+	SYSTEM, OR EMPLOYER for reasons that might be grounds for disciplinary action under § 31
	1277	+	14–404 of this subtitle; or 32
	1278	+
	1279	+	(iv) The hospital [or], related institution, ALTERNATIVE HEALTH 33
	1280	+	SYSTEM, OR EMPLOYER placed any other restrictions or conditions on any of the licensed 34 28 HOUSE BILL 776
	1281	+
	1282	+
	1283	+	physicians as listed in items (i) through (iii) of this paragraph for any reasons that might 1
	1284	+	be grounds for disciplinary action under § 14–404 of this subtitle. 2
	1285	+
	1286	+	(2) The hospital [or], related institution, ALTERNATIVE HEALTH 3
	1287	+	SYSTEM, OR EMPLOYER shall state in the report the reasons for its action or the nature 4
	1288	+	of the formal accusation pending when the physician resigned. 5
	1289	+
	1290	+	(3) The Board may extend the reporting time under this subsection for good 6
	1291	+	cause shown. 7
	1292	+
	1293	+	(4) The minutes or notes taken in the course of determining the denial, 8
	1294	+	limitation, reduction, or termination of the staff privileges of any physician in a hospital or 9
	1295	+	related institution are not subject to review or discovery by any person. 10
	1296	+
	1297	+	(5) The Board, in consultation with all interested parties, may adopt 11
	1298	+	regulations to define: 12
	1299	+
	1300	+	(i) Changes in employment or privileges that require reporting 13
	1301	+	under this section; and 14
	1302	+
	1303	+	(ii) Actions by licensees that are grounds for discipline and that 15
	1304	+	require reporting under this section. 16
	1305	+
	1306	+	(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 17
	1307	+	SYSTEM, OR AN EMPLOYER THAT HAS REASO N TO KNOW THAT A LIC ENSED 18
	1308	+	PHYSICIAN HAS COMMIT TED AN ACTION OR HAS A CONDITION THAT MIG HT BE 19
	1309	+	GROUNDS FOR REPRIMAN D OR PROBATION OF TH E LICENSED PHYSICIAN OR 20
	1310	+	SUSPENSION OR REVOCA TION OF THE LICENSE BECAUSE THE LICENSED PHYSICIAN 21
	1311	+	IS ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IS NOT REQU IRED TO REPORT THE 22
	1312	+	LICENSED PHYSICIAN T O THE BOARD IF: 23
	1313	+
	1314	+	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 24
	1315	+	SYSTEM, OR EMPLOYER KNOWS TH AT THE LICENSED PHYS ICIAN IS: 25
	1316	+
	1317	+	(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM TH AT IS 26
	1318	+	ACCREDITED BY THE JOINT COMMISSION OR IS CERT IFIED BY THE DEPARTMENT ; 27
	1319	+	OR 28
	1320	+
	1321	+	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 29
	1322	+	IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE; 30
	1323	+
	1324	+	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 31
	1325	+	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE L ICENSED PHYSICIAN 32
	1326	+	REMAINS IN THE TREAT MENT PROGRAM UNTIL D ISCHARGE; AND 33
1334	1327		HOUSE BILL 776 29
1335	1328
1336	1329
1337		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 1
1338		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 2
1339		-	ANY, THAT INFORMED THE EMPLOYER’S ACTION; AND 3
1340		-
1341		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 4
1342		-	CONDUCT OF THE LICEN SED PHYSICIAN. 5
1343		-
1344		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 6
1345		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 7
1346		-	OF THIS SUBSECTI ON THAT WAS TAKEN BY THE EMPLOYER . 8
1347		-
1348		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 9
1349		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 10
1350		-	PROVIDE THE ADDITION AL INFORMATION . 11
1351		-
1352		-	(ii) The hospital [or], related institution, ALTERNATIVE HEALTH 12
1353		-	SYSTEM, OR EMPLOYER took any disciplinary action against a salaried, licensed physician 13
1354		-	without staff privileges, including termination of employment, suspension, or probation, for 14
1355		-	reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; 15
1356		-
1357		-	(iii) A licensed physician voluntarily resigned from the staff, employ, 16
1358		-	or training program of the hospital [or], related institution, ALTERNATIVE HEALTH 17
1359		-	SYSTEM, OR EMPLOYER for reasons that might be grounds for disciplinary action under § 18
1360		-	14–404 of this subtitle; or 19
1361		-
1362		-	(iv) The hospital [or], related institution, ALTERNATIVE HEALTH 20
1363		-	SYSTEM, OR EMPLOYER placed any other restrictions or conditions on any of the licensed 21
1364		-	physicians as listed in items (i) through (iii) of this paragraph for any reasons that might 22
1365		-	be grounds for disciplinary action under § 14–404 of this subtitle. 23
1366		-
1367		-	(2) The hospital [or], related institution, ALTERNATIVE HEALTH 24
1368		-	SYSTEM, OR EMPLOYER shall state in the report the reasons for its action or the nature 25
1369		-	of the formal accusation pending when the physician resigned. 26
1370		-
1371		-	(3) The Board may extend the reporting time under this subsection for good 27
1372		-	cause shown. 28
1373		-
1374		-	(4) The minutes or notes taken in the course of determining the denial, 29
1375		-	limitation, reduction, or termination of the staff privileges of any physician in a hospital or 30
1376		-	related institution are not subject to review or discovery by any person. 31
1377		-
1378		-	(5) The Board, in consultation with all interested parties, may adopt 32
1379		-	regulations to define: 33
1380		-	30 HOUSE BILL 776
1381		-
1382		-
1383		-	(i) Changes in employment or privileges that require reporting 1
1384		-	under this section; and 2
1385		-
1386		-	(ii) Actions by licensees that are grounds for discipline and that 3
1387		-	require reporting under this section. 4
1388		-
1389		-	(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 5
1390		-	SYSTEM, OR IF AN EMPLOYER THAT HAS REASON TO KNOW THAT KNOWS THAT THE 6
1391		-	CONDUCT OF A LICENSED PHYSICIAN HAS COMMITTED AN ACT ION OR HAS A 7
1392		-	CONDITION THAT MIGHT BE GROUNDS FOR REPRIMAN D OR PROBATION OF TH E 8
1393		-	LICENSED PHYSICIAN O R SUSPENSION OR REVOCA TION OF THE LICENSE REQUIRES 9
1394		-	THAT THE EMPLOYER SU BMIT A REPORT UNDER SUBSECT ION (A)(1) OF THIS 10
1395		-	SECTION BECAUSE THE LICENSED PHYSICIAN IS ALCOHOL–IMPAIRED OR 11
1396		-	DRUG–IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER SUBSTANCE , THE EMPLOYER 12
1397		-	IS NOT REQUIRED TO R EPORT THE LICENSED P HYSICIAN TO THE BOARD IF: 13
1398		-
1399		-	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 14
1400		-	SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED PHYSICI AN IS: 15
1401		-
1402		-	(I) IN AN ALCOHOL OR DRUG A SUBSTANCE USE DISO RDER 16
1403		-	TREATMENT PROGRAM TH AT IS ACCREDITED BY THE JOINT COMMISSION OR IS 17
1404		-	CERTIFIED BY THE DEPARTMENT ; OR 18
1405		-
1406		-	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 19
1407		-	IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE 20
1408		-	SUBSTANCE USE DISORD ERS; 21
1409		-
1410		-	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 22
1411		-	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED PHYSICIAN 23
1412		-	REMAINS IN THE TREAT MENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; AND 24
1413		-
1414		-	(3) THE ACTION OR CONDITI ON OF THE LICENSED P HYSICIAN HAS 25
1415		-	NOT CAUSED INJURY TO ANY PERSON WHILE THE PRACTITIONER PHYSICIAN IS 26
1416		-	PRACTICING AS A LICENSED P HYSICIAN. 27
1417		-
1418		-	(C) (1) IF THE LICENSED PHYSI CIAN ENTERS OR IS CO NSIDERING 28
1419		-	ENTERING AN ALCOHOL OR DRUG TREATMENT PR OGRAM THAT IS ACCRED ITED BY 29
1420		-	THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE DEPARTMENT , THE 30
1421		-	LICENSED PHYSICIAN S HALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , 31
1422		-	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 DAYS AFTER THE 32
1423		-	LICENSED PHYSICIAN ’S DECISION TO ENTER THE TREATMENT PROGRA M. 33
1424		-
1425		-	(2) IF THE LICENSED PHYSI CIAN FAILS TO PROVID E THE NOTICE 34
1426		-	REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION , AND THE HOSPITAL , 35 HOUSE BILL 776 31
1427		-
1428		-
1429		-	RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LEARNS 1
1430		-	THAT THE LICENSED PH YSICIAN HAS ENTERED A TREATMENT PROGRAM , THE 2
1431		-	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 3
1432		-	SHALL REPORT TO THE BOARD THAT THE LICENS ED PHYSICIAN HAS ENT ERED A 4
1433		-	TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE REQUIRED NOT ICE. 5
1434		-
1435		-	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 6
1436		-	PHYSICIAN IS NONCOMP LIANT WITH THE TREAT MENT PROGRAM ’S POLICIES AND 7
1437		-	PROCEDURES WHILE IN THE TREATMENT PROGRA M, THE TREATMENT PROGRA M 8
1438		-	SHALL NOTIFY THE HOS PITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 9
1439		-	SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN ’S NONCOMPLIANCE . 10
1440		-
1441		-	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 11
1442		-	THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 12
1443		-	SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICENSED PH YSICIAN IS 13
1444		-	NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 14
1445		-	EMPLOYER OF THE LICE NSED PHYSICIAN SHALL REPORT THE LICENSED 15
1446		-	PHYSICIAN’S NONCOMPLIANCE TO T HE BOARD. 16
1447		-
1448		-	(D) (1) THE BOARD MAY EXTEND THE REPORTING TIME UNDER THIS 17
1449		-	SECTION FOR GOOD CAU SE SHOWN. 18
1450		-
1451		-	(D) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 19
1452		-	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 20
1453		-	REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 21
1454		-	SUBSTANCE USE DISORD ER PATIENT RECORDS . 22
1455		-
1456		-	[(b)] (E) The Board may enforce this section by subpoena. 23
1457		-
1458		-	[(c)] (F) Any person shall have the immunity from liability described under § 24
1459		-	5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information 25
1460		-	required by this section. 26
1461		-
1462		-	(G) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 27
1463		-	SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 28
1464		-	THIS SECTION SHALL SUBMIT THE REPORT WITHIN 10 DAYS AFTER THE ACTIO N 29
1465		-	REQUIRING THE REPORT . 30
1466		-
1467		-	[(d)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 31
1468		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 32
1469		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 33
1470		-	of the Board or a disciplinary panel under this title. 34
1471		-	32 HOUSE BILL 776
1472		-
1473		-
1474		-	[(e)] (I) (1) A disciplinary panel may impose a civil penalty of up to [$5,000] 1
1475		-	$10,000 for failure KNOWINGLY FAILING to report under this section. 2
1476		-
1477		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF 3
1478		-	UP TO $10,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 4
1479		-
1480		-	(3) The Board shall remit any penalty collected under this 5
1481		-	subsection into the General Fund of the State. 6
1482		-
1483		-	[14–414. 7
1484		-
1485		-	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 8
1486		-	submit to the Board a report within 10 days after: 9
1487		-
1488		-	(i) The alternative health system denied the formal application of a 10
1489		-	physician to contract with the alternative health system or limited, reduced, otherwise 11
1490		-	changed, or terminated the contract of a physician, or the physician resigned whether or 12
1491		-	not under formal accusation, if the denial, limitation, reduction, change, termination, or 13
1492		-	resignation is for reasons that might be grounds for disciplinary action under § 14–404 of 14
1493		-	this subtitle; or 15
1494		-
1495		-	(ii) The alternative health system placed any other restrictions or 16
1496		-	conditions on any licensed physician for any reasons that might be grounds for disciplinary 17
1497		-	action under § 14–404 of this subtitle. 18
1498		-
1499		-	(2) The alternative health system shall state in the report the reasons for 19
1500		-	its action or the nature of the formal accusation pending when the physician resigned. 20
1501		-
1502		-	(3) The Board may extend the reporting time under this subsection for good 21
1503		-	cause shown. 22
1504		-
1505		-	(4) The minutes or notes taken in the course of determining the denial, 23
1506		-	limitation, reduction, or termination of the employment contract of any physician in an 24
1507		-	alternative health system are not subject to review or discovery by any person. 25
1508		-
1509		-	(5) The Board, in consultation with all interested parties, may adopt 26
1510		-	regulations to define: 27
1511		-
1512		-	(i) Changes in employment or privileges that require reporting 28
1513		-	under this section; and 29
1514		-
1515		-	(ii) Actions by licensees that are grounds for discipline and require 30
1516		-	reporting under this section. 31
1517		-
1518		-	(b) The Board may enforce this section by subpoena. 32
1519		-	HOUSE BILL 776 33
1520		-
1521		-
1522		-	(c) Any person shall have the immunity from liability described under § 5–715(d) 1
1523		-	of the Courts and Judicial Proceedings Article for giving any of the information required by 2
1524		-	this section. 3
1525		-
1526		-	(d) A report made under this section is not subject to subpoena or discovery in 4
1527		-	any civil action other than a proceeding arising out of a hearing and decision of the Board 5
1528		-	or a disciplinary panel under this title. 6
1529		-
1530		-	(e) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for 7
1531		-	failure to report under this section. 8
1532		-
1533		-	(2) The Board shall remit any penalty collected under this subsection into 9
1534		-	the General Fund of the State.] 10
1535		-
1536		-	14–414. 11
1537		-
1538		-	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 12
1539		-	RELATED INSTITUTION , AN ALTERNATIVE HEALT H CARE SYSTEM , OR AN EMPLOYER 13
1540		-	MAY NOT EMPLOY AN IN DIVIDUAL TO PRACTICE MEDICINE WITHOUT A L ICENSE. 14
1541		-
1542		-	(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY IN AN AMOUNT 15
1543		-	NOT EXCEEDING $5,000 $10,000 FOR A VIOLATION OF T HIS SECTION. 16
1544		-
1545		-	(C) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 17
1546		-	SECTION INTO THE BOARD OF PHYSICIANS FUND. 18
1547		-
1548		-	14–5A–01. 19
1549		-
1550		-	(a) In this subtitle the following words have the meanings indicated. 20
1551		-
1552		-	(c) “Committee” means the Respiratory Care [Professional Standards] 21
1553		-	ADVISORY Committee established under § 14–5A–05 of this subtitle. 22
1554		-
1555		-	14–5A–05. 23
1556		-
1557		-	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 24
1558		-	the Board. 25
1559		-
1560		-	14–5A–06. 26
1561		-
1562		-	(a) The Committee consists of seven members appointed by the Board as follows: 27
1563		-
1564		-	(1) Three LICENSED respiratory care practitioners; 28
1565		-
1566		-	(2) Three LICENSED physicians: 29
	1330	+	(3) THE ACTION OR CONDITI ON OF THE LICENSED P HYSICIAN HAS 1
	1331	+	NOT CAUSED INJURY TO ANY PERSON WHILE THE PRACTITIONER IS PRAC TICING AS 2
	1332	+	A LICENSED PHYSICIAN . 3
	1333	+
	1334	+	(C) (1) IF THE LICENSED PHYSI CIAN ENTERS OR IS CO NSIDERING 4
	1335	+	ENTERING AN ALCOHOL OR DRUG TREATMENT PR OGRAM THAT IS ACCRED ITED BY 5
	1336	+	THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE DEPARTMENT , THE 6
	1337	+	LICENSED PHYSICIAN S HALL NOTIFY THE HOSPITAL, RELATED INSTITUTION , 7
	1338	+	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 DAYS AFTER THE 8
	1339	+	LICENSED PHYSICIAN ’S DECISION TO ENTER THE TREATMENT PROGRA M. 9
	1340	+
	1341	+	(2) IF THE LICENSED PHYSI CIAN FAILS TO PROVID E THE NOTICE 10
	1342	+	REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION, AND THE HOSPITAL , 11
	1343	+	RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LEARNS 12
	1344	+	THAT THE LICENSED PH YSICIAN HAS ENTERED A TREATMENT PROGRAM , THE 13
	1345	+	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 14
	1346	+	SHALL REPORT TO THE BOARD THAT THE LICENSED PHYSICIAN HAS ENTERE D A 15
	1347	+	TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE REQUIRED NOT ICE. 16
	1348	+
	1349	+	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 17
	1350	+	PHYSICIAN IS NONCOMP LIANT WITH THE TREAT MENT PROGRAM ’S POLICIES AND 18
	1351	+	PROCEDURES WHILE IN THE TREATMENT PROGRAM , THE TREATMENT PROGRA M 19
	1352	+	SHALL NOTIFY THE HOS PITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 20
	1353	+	SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN ’S NONCOMPLIANCE . 21
	1354	+
	1355	+	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 22
	1356	+	THIS SUBSECTION , THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 23
	1357	+	SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN SH ALL REPORT THE LICEN SED 24
	1358	+	PHYSICIAN’S NONCOMPLIANCE TO T HE BOARD. 25
	1359	+
	1360	+	(D) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 26
	1361	+	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 27
	1362	+	REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRU G ABUSE 28
	1363	+	PATIENT RECORDS . 29
	1364	+
	1365	+	[(b)] (E) The Board may enforce this section by subpoena. 30
	1366	+
	1367	+	[(c)] (F) Any person shall have the immunity from liability described under § 31
	1368	+	5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information 32
	1369	+	required by this section. 33
	1370	+
	1371	+	(G) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 34
	1372	+	SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REPORT TO THE BOARD UNDE R 35 30 HOUSE BILL 776
	1373	+
	1374	+
	1375	+	THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 1
	1376	+	REQUIRING THE REPORT . 2
	1377	+
	1378	+	[(d)] (H) A report made under this section is not subject to subpoena or discovery 3
	1379	+	in any civil action other than a proceeding arising out of a hearing and decision of the Board 4
	1380	+	or a disciplinary panel under this title. 5
	1381	+
	1382	+	[(e)] (I) (1) A disciplinary panel may impose a civil penalty of up to [$5,000] 6
	1383	+	$10,000 for failure to report under this section. 7
	1384	+
	1385	+	(2) The Board shall remit any penalty collected under this subsection into 8
	1386	+	the General Fund of the State. 9
	1387	+
	1388	+	[14–414. 10
	1389	+
	1390	+	(a) (1) Each alternative health system as defined in § 1–401 of this article shall 11
	1391	+	submit to the Board a report within 10 days after: 12
	1392	+
	1393	+	(i) The alternative health system denied the formal application of a 13
	1394	+	physician to contract with the alternative health system or limited, reduced, otherwise 14
	1395	+	changed, or terminated the contract of a physician, or the physician resigned whether or 15
	1396	+	not under formal accusation, if the denial, limitation, reduction, change, termination, or 16
	1397	+	resignation is for reasons that might be grounds for disciplinary action under § 14–404 of 17
	1398	+	this subtitle; or 18
	1399	+
	1400	+	(ii) The alternative health system placed any other restrictions or 19
	1401	+	conditions on any licensed physician for any reasons that might be grounds for disciplinary 20
	1402	+	action under § 14–404 of this subtitle. 21
	1403	+
	1404	+	(2) The alternative health system shall state in the report the reasons for 22
	1405	+	its action or the nature of the formal accusation pending when the physician resigned. 23
	1406	+
	1407	+	(3) The Board may extend the reporting time under this subsection for good 24
	1408	+	cause shown. 25
	1409	+
	1410	+	(4) The minutes or notes taken in the course of determining the denial, 26
	1411	+	limitation, reduction, or termination of the employment contract of any physician in an 27
	1412	+	alternative health system are not subject to review or discovery by any person. 28
	1413	+
	1414	+	(5) The Board, in consultation with all interested parties, may adopt 29
	1415	+	regulations to define: 30
	1416	+
	1417	+	(i) Changes in employment or privileges that require reporting 31
	1418	+	under this section; and 32
	1419	+	HOUSE BILL 776 31
	1420	+
	1421	+
	1422	+	(ii) Actions by licensees that are grounds for discipline and require 1
	1423	+	reporting under this section. 2
	1424	+
	1425	+	(b) The Board may enforce this section by subpoena. 3
	1426	+
	1427	+	(c) Any person shall have the immunity from liability described under § 5–715(d) 4
	1428	+	of the Courts and Judicial Proceedings Article for giving any of the information required by 5
	1429	+	this section. 6
	1430	+
	1431	+	(d) A report made under this section is not subject to subpoena or discovery in 7
	1432	+	any civil action other than a proceeding arising out of a hearing and decision of the Board 8
	1433	+	or a disciplinary panel under this title. 9
	1434	+
	1435	+	(e) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for 10
	1436	+	failure to report under this section. 11
	1437	+
	1438	+	(2) The Board shall remit any penalty collected under this subsection into 12
	1439	+	the General Fund of the State.] 13
	1440	+
	1441	+	14–414. 14
	1442	+
	1443	+	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 15
	1444	+	RELATED INSTITUTION , AN ALTERNATIVE HEALT H CARE SYSTEM , OR AN EMPLOYER 16
	1445	+	MAY NOT EMPLOY AN IN DIVIDUAL TO PRACTICE MEDICINE WITHOUT A L ICENSE. 17
	1446	+
	1447	+	(B) A DISCIPLINARY PANEL MAY I MPOSE A CIVIL PENALT Y IN AN AMOUNT 18
	1448	+	NOT EXCEEDING $5,000 FOR A VIOLATION OF T HIS SECTION. 19
	1449	+
	1450	+	(C) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 20
	1451	+	SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
	1452	+
	1453	+	14–5A–01. 22
	1454	+
	1455	+	(a) In this subtitle the following words have the meanings indicated. 23
	1456	+
	1457	+	(c) “Committee” means the Respiratory Care [Professional Standards] 24
	1458	+	ADVISORY Committee established under § 14–5A–05 of this subtitle. 25
	1459	+
	1460	+	14–5A–05. 26
	1461	+
	1462	+	There is a Respiratory Care [Professional Standards] ADVISORY Committee within 27
	1463	+	the Board. 28
	1464	+
	1465	+	14–5A–06. 29
	1466	+
	1467	+	(a) The Committee consists of seven members appointed by the Board as follows: 30 32 HOUSE BILL 776
	1468	+
	1469	+
	1470	+
	1471	+	(1) Three LICENSED respiratory care practitioners; 1
	1472	+
	1473	+	(2) Three LICENSED physicians: 2
	1474	+
	1475	+	(i) One of whom is a specialist in thoracic surgery; 3
	1476	+
	1477	+	(ii) One of whom is a specialist in pulmonary medicine; and 4
	1478	+
	1479	+	(iii) One of whom is a specialist in anesthesiology; and 5
	1480	+
	1481	+	(3) One consumer member. 6
	1482	+
	1483	+	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 7
	1484	+	IN GOOD STANDING WIT H THE BOARD. 8
	1485	+
	1486	+	[(b)] (C) The consumer member of the Committee: 9
	1487	+
	1488	+	(1) [Shall] MUST be a member of the general public; 10
	1489	+
	1490	+	(2) May not be or ever have been: 11
	1491	+
	1492	+	(i) A respiratory care practitioner; 12
	1493	+
	1494	+	(ii) Any OTHER health care professional; or 13
	1495	+
	1496	+	(iii) In training to be a respiratory care practitioner or other health 14
	1497	+	professional; and 15
	1498	+
	1499	+	(3) May not: 16
	1500	+
	1501	+	(i) Participate or ever have participated in a commercial or 17
	1502	+	professional field related to respiratory care; 18
	1503	+
	1504	+	(ii) Have a household member who participates in a commercial or 19
	1505	+	professional field related to respiratory care; 20
	1506	+
	1507	+	(iii) Have had within 2 years before appointment a financial interest 21
	1508	+	in a person regulated by the Board; or 22
	1509	+
	1510	+	(iv) Have had within 2 years before appointment a financial interest 23
	1511	+	in the provision of goods or services to respiratory care practitioners or to the field of 24
	1512	+	respiratory care. 25
	1513	+
	1514	+	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 26
	1515	+	STATE. 27 HOUSE BILL 776 33
	1516	+
	1517	+
	1518	+
	1519	+	[(c)] (E) (1) The term of a member is 3 years. 1
	1520	+
	1521	+	(2) The terms of members are staggered AS REQUIRED BY REGUL ATION. 2
	1522	+
	1523	+	(3) At the end of a term, a member continues to serve until a successor is 3
	1524	+	appointed and qualifies. 4
	1525	+
	1526	+	(4) A member who is appointed after a term has begun serves only for the 5
	1527	+	rest of the term and until a successor is appointed and qualifies. 6
	1528	+
	1529	+	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 7
	1530	+	TERMS. 8
	1531	+
	1532	+	[(d)] (F) (1) From among its members, the Committee shall elect a chair once 9
	1533	+	every 2 years. 10
	1534	+
	1535	+	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 11
	1536	+	the Board as a representative of the Committee. 12
	1537	+
	1538	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 13
	1539	+
	1540	+	14–5A–07. 14
	1541	+
	1542	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 15
	1543	+	shall: 16
	1544	+
	1545	+	(1) Develop and recommend to the Board [regulations]: 17
	1546	+
	1547	+	(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 18
	1548	+
	1549	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 19
	1550	+
	1551	+	(2) [Develop and recommend to the Board a code of ethics for the practice 20
	1552	+	of respiratory care for adoption by the Board; 21
	1553	+
	1554	+	(3) If requested, develop and recommend to the Board standards of care for 22
	1555	+	the practice of respiratory care; 23
	1556	+
	1557	+	(4) Develop and recommend to the Board the requirements for licensure as 24
	1558	+	a respiratory care practitioner; 25
	1559	+
	1560	+	(5) Evaluate the credentials of applicants as necessary and recommend 26
	1561	+	licensure of applicants who fulfill the requirements for a license to practice respiratory care; 27
1567	1562		34 HOUSE BILL 776
1568	1563
1569	1564
1570		-	(i) One of whom is a specialist in thoracic surgery; 1
1571		-
1572		-	(ii) One of whom is a specialist in pulmonary medicine; and 2
1573		-
1574		-	(iii) One of whom is a specialist in anesthesiology; and 3
1575		-
1576		-	(3) One consumer member. 4
1577		-
1578		-	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 5
1579		-	IN GOOD STANDING WIT H THE BOARD. 6
1580		-
1581		-	[(b)] (C) The consumer member of the Committee: 7
1582		-
1583		-	(1) [Shall] MUST be a member of the general public; 8
1584		-
1585		-	(2) May not be or ever have been: 9
1586		-
1587		-	(i) A respiratory care practitioner; 10
1588		-
1589		-	(ii) Any OTHER health care professional; or 11
1590		-
1591		-	(iii) In training to be a respiratory care practitioner or other health 12
1592		-	professional; and 13
1593		-
1594		-	(3) May not: 14
1595		-
1596		-	(i) Participate or ever have participated in a commercial or 15
1597		-	professional field related to respiratory care; 16
1598		-
1599		-	(ii) Have a household member who participates in a commercial or 17
1600		-	professional field related to respiratory care; 18
1601		-
1602		-	(iii) Have had within 2 years before appointment a financial interest 19
1603		-	in a person regulated by the Board; or 20
1604		-
1605		-	(iv) Have had within 2 years before appointment a financial interest 21
1606		-	in the provision of goods or services to respiratory care practitioners or to the field of 22
1607		-	respiratory care. 23
1608		-
1609		-	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 24
1610		-	STATE. 25
1611		-
1612		-	[(c)] (E) (1) The term of a member is 3 years. 26
1613		-
1614		-	(2) The terms of members are staggered AS REQUIRED BY REGUL ATION. 27
1615		-	HOUSE BILL 776 35
1616		-
1617		-
1618		-	(3) At the end of a term, a member continues to serve until a successor is 1
1619		-	appointed and qualifies. 2
1620		-
1621		-	(4) A member who is appointed after a term has begun serves only for the 3
1622		-	rest of the term and until a successor is appointed and qualifies. 4
1623		-
1624		-	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 5
1625		-	TERMS. 6
1626		-
1627		-	[(d)] (F) (1) From among its members, the Committee shall elect a chair once 7
1628		-	every 2 years. 8
1629		-
1630		-	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 9
1631		-	the Board as a representative of the Committee. 10
1632		-
1633		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
1634		-
1635		-	14–5A–07. 12
1636		-
1637		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 13
1638		-	shall: 14
1639		-
1640		-	(1) SHALL: 15
1641		-
1642		-	(1) (I) Develop and recommend to the Board [regulations]: 16
1643		-
1644		-	(I) 1. REGULATIONS to carry out [the provisions of] this 17
1645		-	subtitle; AND 18
1646		-
1647		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 19
1648		-	PROFESSION ; AND 20
1649		-
1650		-	(2) (II) [Develop and recommend to the Board a code of ethics for the 21
1651		-	practice of respiratory care for adoption by the Board; 22
1652		-
1653		-	(3) If requested, develop and recommend to the Board standards of care for 23
1654		-	the practice of respiratory care; 24
1655		-
1656		-	(4) Develop and recommend to the Board the requirements for licensure as 25
1657		-	a respiratory care practitioner; 26
1658		-
1659		-	(5) Evaluate the credentials of applicants as necessary and recommend 27
1660		-	licensure of applicants who fulfill the requirements for a license to practice respiratory care; 28
1661		-
1662		-	(6) Develop and recommend to the Board contin uing education 29
1663		-	requirements for license renewal; 30 36 HOUSE BILL 776
1664		-
1665		-
1666		-
1667		-	(7) Provide the Board with recommendations concerning the practice of 1
1668		-	respiratory care; 2
1669		-
1670		-	(8) Develop and recommend to the Board criteria related to the practice of 3
1671		-	respiratory care in the home setting; 4
1672		-
1673		-	(9)] Keep a record of its [proceedings] MEETINGS; and 5
1674		-
1675		-	[(10) Submit an annual report to the Board.] 6
1676		-
1677		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 7
1678		-
1679		-	(2) MAY: 8
1680		-
1681		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 9
1682		-	OF RESPIRATORY CARE ; AND 10
1683		-
1684		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 11
1685		-	RESPIRATORY CARE PRA CTITIONERS. 12
1686		-
1687		-	[(b) The Board shall: 13
1688		-
1689		-	(1) Consider all recommendations of the Committee; and 14
1690		-
1691		-	(2) Provide to the Committee an annual report on the disciplinary matters 15
1692		-	involving licensees.] 16
1693		-
1694		-	14–5A–08. 17
1695		-
1696		-	(b) This section does not apply to: 18
1697		-
1698		-	(1) [An individual] A RESPIRATORY CARE PRA CTITIONER employed 19
1699		-	[by] IN THE SERVICE OF the federal government [as a respiratory care practitioner] while 20
1700		-	[the individual is] practicing within the scope of [that] THE employment; 21
1701		-
1702		-	14–5A–14. 22
1703		-
1704		-	(a) A licensee shall notify the Board in writing of a change in name or address 23
1705		-	within [60] 10 30 days after the change. 24
1706		-
1707		-	14–5A–17. 25
1708		-
1709		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
1710		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 27 HOUSE BILL 776 37
	1565	+	(6) Develop and recommend to the Board continuing education 1
	1566	+	requirements for license renewal; 2
	1567	+
	1568	+	(7) Provide the Board with recommendations concerning the practice of 3
	1569	+	respiratory care; 4
	1570	+
	1571	+	(8) Develop and recommend to the Board criteria related to the practice of 5
	1572	+	respiratory care in the home setting; 6
	1573	+
	1574	+	(9)] Keep a record of its [proceedings] MEETINGS; and 7
	1575	+
	1576	+	[(10) Submit an annual report to the Board.] 8
	1577	+
	1578	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 9
	1579	+
	1580	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 10
	1581	+	OF RESPIRATORY CARE ; AND 11
	1582	+
	1583	+	(II) ADVISE THE BOARD ON ANY OTHER MATTERS RELATED TO 12
	1584	+	RESPIRATORY CARE PRA CTITIONERS. 13
	1585	+
	1586	+	[(b) The Board shall: 14
	1587	+
	1588	+	(1) Consider all recommendations of the Committee; and 15
	1589	+
	1590	+	(2) Provide to the Committee an annual report on the disciplinary matters 16
	1591	+	involving licensees.] 17
	1592	+
	1593	+	14–5A–08. 18
	1594	+
	1595	+	(b) This section does not apply to: 19
	1596	+
	1597	+	(1) [An individual] A RESPIRATORY CARE PRA CTITIONER employed 20
	1598	+	[by] IN THE SERVICE OF the federal government [as a respiratory care practitioner] while 21
	1599	+	[the individual is] practicing within the scope of [that] THE employment; 22
	1600	+
	1601	+	14–5A–14. 23
	1602	+
	1603	+	(a) A licensee shall notify the Board in writing of a change in name or address 24
	1604	+	within [60] 10 days after the change. 25
	1605	+
	1606	+	14–5A–17. 26
	1607	+
	1608	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 27
	1609	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 28 HOUSE BILL 776 35
1711	1610
1712	1611
1713	1612		license to any applicant, reprimand any licensee, place any licensee on probation, or 1
1714	1613		suspend or revoke a license, if the applicant or licensee: 2
1715	1614
1716	1615		(3) Is guilty of [unprofessional or immoral]: 3
1717	1616
1718	1617		(I) IMMORAL conduct in the practice of respiratory care; OR 4
1719	1618
1720	1619		(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 5
1721	1620		RESPIRATORY CARE ; 6
1722	1621
1723	1622		(4) Is [professionally, physically, or mentally]: 7
1724	1623
1725	1624		(I) PROFESSIONALLY INCOMP ETENT; 8
1726	1625
1727	1626		(II) PHYSICALLY INCOMPETEN T; OR 9
1728	1627
1729	1628		(III) MENTALLY incompetent; 10
1730	1629
1731	1630		(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 11
1732	1631		respiratory care; 12
1733	1632
1734	1633		(15) [Knowingly] WILLFULLY practices respiratory care with an 13
1735	1634		unauthorized individual or aids an unauthorized individual in the practice of respiratory 14
1736	1635		care; 15
1737	1636
1738	1637		(19) [Knowingly] WILLFULLY submits false statements to collect fees for 16
1739	1638		which services are not provided; 17
1740	1639
1741	1640		(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 18
1742	1641		violation of § 5–704 of the Family Law Article; 19
1743	1642
1744	1643		14–5A–18. 20
1745	1644
1746		-	(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 21
1747		-	related institutions, alternative health systems as defined in § 1–401 of this article, and 22
1748		-	employers] AN EMPLOYER OF A LICENSED RESPIR ATORY CARE PRACTITIO NER shall 23
1749		-	[file with] SUBMIT TO the Board a report [that the hospital, related institution, alternative 24
1750		-	health system, or employer limited, reduced, otherwise changed, or terminated any licensed 25
1751		-	respiratory care practitioner for any] IF: 26
1752		-
1753		-	(I) THE EMPLOYER : 27
1754		-
1755		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 28
1756		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED RESPIRATORY CARE 29 38 HOUSE BILL 776
1757		-
1758		-
1759		-	PRACTITIONER ’S CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO 1
1760		-	PRACTICE OR TREAT PA TIENTS; 2
1761		-
1762		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 3
1763		-	LICENSED RESPIRATORY CARE PRACTITIONER ’S EMPLOYMENT OR STAF F 4
1764		-	MEMBERSHIP ; OR 5
1765		-
1766		-	3. ASKED THE LICENSED RE SPIRATORY CARE 6
1767		-	PRACTITION ER TO VOLUNTARILY RE SIGN BECAUSE OF THE LICENSED RESPIRATORY 7
1768		-	CARE PRACTITIONER ’S CONDUCT OR WHILE T HE LICENSED RESPIRAT ORY CARE 8
1769		-	PRACTITIONER IS BEIN G INVESTIGATED ; AND 9
1770		-
1771		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 10
1772		-	PARAGRAPH WAS TAKEN : 11
1773		-
1774		-	1. FOR reasons that might be grounds for disciplinary action 12
1775		-	under § 14–5A–17 of this subtitle; 13
1776		-
1777		-	2. BECAUSE THE LICENSED RESPIRATORY CARE 14
1778		-	PRACTITIONER MAY HAV E ENGAGED IN AN ACT THAT MAY CONSTITUTE 15
1779		-	UNPROFESSIONAL CONDU CT; 16
1780		-
1781		-	3. BECAUSE THE LICENSED RESPIRATORY CARE 17
1782		-	PRACTITIONER MAY BE UNABLE TO PRACTICE R ESPIRATORY CARE WITH 18
1783		-	REASONABLE SKILL AND SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION 19
1784		-	OR PROFESSIONAL INCO MPETENCE; OR 20
1785		-
1786		-	4. BECAUSE THE LICENSED RESPIRATORY CARE 21
1787		-	PRACTITIONER MAY HAV E HARMED OR PLACED ONE OR MOR E PATIENTS OR THE 22
1788		-	PUBLIC AT UNREASONAB LE RISK OF HARM BY E NGAGING IN AN ACT TH AT CREATES 23
1789		-	AN IMMEDIATE OR CONT INUING DANGER . 24
1790		-
1791		-	(2) A REPORT SUBMITTED UND ER PARAGRAPH (1) OF THIS 25
1792		-	SUBSECTION SHALL INC LUDE: 26
1793		-
1794		-	(I) THE ACTION TAKEN BY T HE EMPLOYER; 27
1795		-
1796		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 28
1797		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 29
1798		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 30
1799		-
1800		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 31
1801		-	CONDUCT OF THE LICENSED RESPIRATORY CARE PRACTITIONER . 32 HOUSE BILL 776 39
1802		-
1803		-
1804		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
1805		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
1806		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
1807		-
1808		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST M ADE UNDER 4
1809		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
1810		-	PROVIDE THE ADDITION AL INFORMATION . 6
1811		-
1812		-	(b) [A hospital, related institution, alternative health system, or] IF AN employer 7
1813		-	[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed respiratory 8
1814		-	care practitioner [has committed an action or has a condition that might be grounds for 9
1815		-	reprimand or probation of the licensed respiratory care practitioner or suspension or 10
1816		-	revocation of the license] REQUIRES THAT THE EM PLOYER SUBMIT A REPORT UNDER 11
1817		-	SUBSECTION (A)(1) OF THIS SECTION because the licensed respiratory care practitioner 12
1818		-	is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R SUBSTANCE , THE 13
1819		-	EMPLOYER is not required to report the RESPIRATORY CARE practitioner to the Board if: 14
1820		-
1821		-	(1) The [hospital, related institution, alternative health system, or] 15
1822		-	employer knows that the licensed respiratory care practitioner is: 16
1823		-
1824		-	(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 17
1825		-	program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 18
1826		-	Organizations] or is certified by the Department; or 19
1827		-
1828		-	(ii) Under the care of a health care practitioner who is competent 20
1829		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 21
1830		-
1831		-	(2) The [hospital, related institution, alternative health system, or] 22
1832		-	employer is able to verify that the licensed respiratory care practitioner remains in the 23
1833		-	treatment program until SUCCESSFUL discharge; and 24
1834		-
1835		-	(3) The action or condition of the licensed respiratory care practitioner has 25
1836		-	not caused injury to any person while the RESPIRATORY CARE practitioner is practicing 26
1837		-	as a licensed respiratory care practitioner. 27
1838		-
1839		-	(c) (1) If the licensed respiratory care practitioner enters, or is considering 28
1840		-	entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 29
1841		-	Commission [on Accreditation of Healthcare Organizations] or that is certified by the 30
1842		-	Department, the licensed respiratory care practitioner shall notify the hospital, related 31
1843		-	institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 32
1844		-	licensed respiratory care practitioner’s decision to enter the treatment program. 33
1845		-
1846		-	[(2) If the licensed respiratory care practitioner fails to provide the notice 34
1847		-	required under paragraph (1) of this subsection, and the hospital, related institution, 35
1848		-	alternative health system, or employer learns that the licensed respiratory care 36 40 HOUSE BILL 776
1849		-
1850		-
1851		-	practitioner has entered a treatment program, the hospital, related institution, alternative 1
1852		-	health system, or employer shall report to the Board that the licensed respiratory care 2
1853		-	practitioner has entered a treatment program and has failed to provide the required notice. 3
1854		-
1855		-	(3) If the licensed respiratory care practitioner is found to be noncompliant 4
1856		-	with the treatment program’s policies and procedures while in the treatment program, the 5
1857		-	treatment program shall notify the hospital, related institution, alternative health system, 6
1858		-	or employer of the licensed respiratory care practitioner’s noncompliance. 7
1859		-
1860		-	(4) On receipt of the notification required under paragraph (3) of this 8
1861		-	subsection, the hospital, related institution, alternative health system, or] IF THE 9
1862		-	EMPLOYER KNOWS THAT THE LICENSED RESPIRA TORY CARE PRACTITION ER IS 10
1863		-	NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 11
1864		-	employer of the licensed respiratory care practitioner shall report the licensed respiratory 12
1865		-	care practitioner’s noncompliance to the Board. 13
1866		-
1867		-	(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 14
1868		-	FOR GOOD CAUSE SHOWN . 15
1869		-
1870		-	(2) A person is not required under this section to make any report that 16
1871		-	would be in violation of any federal or State law, rule, or regulation concerning the 17
1872		-	confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 18
1873		-
1874		-	(E) THE BOARD MAY ENFORCE THIS SECTI ON BY SUBPOENA . 19
1875		-
1876		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 20
1877		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 21
1878		-	REQUIRED BY THIS SEC TION. 22
1879		-
1880		-	[(e)] (G) [The hospital, related institution, alternative health system, or] AN 23
1881		-	employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 24
1882		-	submit the report within 10 days [of any] AFTER THE action [described in this section] 25
1883		-	REQUIRING THE REPORT . 26
1884		-
1885		-	[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 27
1886		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 28
1887		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 29
1888		-	of the Board or a disciplinary panel under this title. 30
1889		-
1890		-	(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 31
1891		-	for failure KNOWINGLY FAILING to report under this section. 32
1892		-
1893		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 33
1894		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMPLOYER IN BAD FAIT H. 34
	1645	+	(c) (1) If the licensed respiratory care practitioner enters, or is considering 21
	1646	+	entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 22
	1647	+	Commission [on Accreditation of Healthcare Organizations] or that is certified by the 23
	1648	+	Department, the licensed respiratory care practitioner shall notify the hospital, related 24
	1649	+	institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 25
	1650	+	licensed respiratory care practitioner’s decision to enter the treatment program. 26
	1651	+
	1652	+	(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 27
	1653	+	for failure to report under this section. 28
	1654	+
	1655	+	14–5A–22.1. 29
	1656	+	36 HOUSE BILL 776
	1657	+
	1658	+
	1659	+	(a) Except as otherwise provided in this subtitle, a licensed physician may not 1
	1660	+	employ or supervise an individual practicing respiratory care without a license. 2
	1661	+
	1662	+	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 3
	1663	+	alternative health system, or employer may not employ an individual practicing respiratory 4
	1664	+	care without a license. 5
	1665	+
	1666	+	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 6
	1667	+	violation of this section. 7
	1668	+
	1669	+	14–5A–23. 8
	1670	+
	1671	+	(a) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 9
	1672	+	14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is guilty of a misdemeanor and 10
	1673	+	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 11
	1674	+	or both. 12
	1675	+
	1676	+	(b) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 13
	1677	+	14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is subject to a civil fine of not 14
	1678	+	more than $5,000 to be levied by a disciplinary panel. 15
	1679	+
	1680	+	(c) The Board shall pay any penalty collected under this section into the Board of 16
	1681	+	Physicians Fund. 17
	1682	+
	1683	+	14–5B–05. 18
	1684	+
	1685	+	(a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 19
	1686	+	and Radiology Assistance Advisory Committee within the Board. 20
	1687	+
	1688	+	(b) (1) The Committee consists of nine members appointed by the Board. 21
	1689	+
	1690	+	(2) Of the nine members: 22
	1691	+
	1692	+	(i) One shall be a licensed physician who specializes in radiology; 23
	1693	+
	1694	+	(ii) One shall be a licensed physician who specializes in radiology 24
	1695	+	and who supervises a radiologist assistant; 25
	1696	+
	1697	+	(iii) One shall be a licensed physician who specializes in nuclear 26
	1698	+	medicine; 27
	1699	+
	1700	+	(iv) One shall be a licensed physician who specializes in radiation 28
	1701	+	oncology; 29
	1702	+
	1703	+	(v) One shall be a LICENSED radiation therapist; 30
	1704	+	HOUSE BILL 776 37
	1705	+
	1706	+
	1707	+	(vi) One shall be a LICENSED radiographer; 1
	1708	+
	1709	+	(vii) One shall be a LICENSED radiologist assistant; 2
	1710	+
	1711	+	(viii) One shall be a LICENSED nuclear medicine technologist; and 3
	1712	+
	1713	+	(ix) One shall be a consumer member. 4
	1714	+
	1715	+	[(c) (1) From among its members, the Committee shall elect a chair once every 5
	1716	+	2 years. 6
	1717	+
	1718	+	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 7
	1719	+	the Board as a representative of the Committee.] 8
	1720	+
	1721	+	(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 9
	1722	+	IN GOOD STANDING WIT H THE BOARD. 10
	1723	+
	1724	+	(d) The consumer member of the Committee: 11
	1725	+
	1726	+	(1) [Shall] MUST be a member of the general public; 12
	1727	+
	1728	+	(2) May not be or ever have been [a]: 13
	1729	+
	1730	+	(I) A RADIATION THERAPIST , RADIOGRAPHER , RADIOLOGIST 14
	1731	+	ASSISTANT, OR NUCLEAR MEDICINE TECHNOLOGIST ; 15
	1732	+
	1733	+	(II) ANY OTHER health care professional; or [in] 16
	1734	+
	1735	+	(III) IN training to be a RADIATION THERAPIST , RADIOGRAPHER , 17
	1736	+	RADIOLOGIST ASSISTAN T, NUCLEAR MEDICINE TEC HNOLOGIST, OR OTHER health 18
	1737	+	care professional; and 19
	1738	+
	1739	+	(3) May not: 20
	1740	+
	1741	+	(i) Participate or ever have participated in a commercial or 21
	1742	+	professional field related to radiation therapy, radiography, nuclear medicine technology, 22
	1743	+	or radiology assistance; 23
	1744	+
	1745	+	(ii) Have a household member who participates in a commercial or 24
	1746	+	professional field related to radiation therapy, radiography, nuclear medicine technology, 25
	1747	+	or radiology assistance; [or] 26
	1748	+
	1749	+	(iii) Have had within 2 years before appointment a financial interest 27
	1750	+	in a person regulated by the Board; OR 28
	1751	+	38 HOUSE BILL 776
	1752	+
	1753	+
	1754	+	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
	1755	+	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERV ICES TO RADIATION 2
	1756	+	THERAPISTS, RADIOGRAPHERS , RADIOLOGY ASSISTANTS , OR NUCLEAR MEDICINE 3
	1757	+	TECHNOLOGISTS OR TO THE FIELD OF RADIATI ON THERAPY , RADIOGRAPHY , 4
	1758	+	NUCLEAR MEDICINE TEC HNOLOGY, OR RADIOLOGY ASSISTA NCE. 5
	1759	+
	1760	+	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 6
	1761	+	STATE. 7
	1762	+
	1763	+	(F) (1) FROM AMONG ITS MEMBER S, THE COMMITTEE SHALL ELECT A 8
	1764	+	CHAIR ONCE EVERY 2 YEARS. 9
	1765	+
	1766	+	(2) THE CHAIR, OR THE CHAIR ’S DESIGNEE, SHALL SERVE IN AN 10
	1767	+	ADVISORY CAPACITY TO THE BOARD AS A REPRESENTA TIVE OF THE COMMITTEE. 11
	1768	+
	1769	+	[(e)] (G) (1) The term of a member is 3 years. 12
	1770	+
	1771	+	(2) The terms of members are staggered as required by regulation. 13
	1772	+
	1773	+	(3) At the end of a term, a member continues to serve until a successor is 14
	1774	+	appointed and qualifies. 15
	1775	+
	1776	+	(4) A member may not serve more than [2] TWO consecutive full terms. 16
	1777	+
	1778	+	(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 17
	1779	+	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 18
	1780	+	QUALIFIES. 19
	1781	+
	1782	+	(H) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 20
	1783	+
	1784	+	14–5B–06. 21
	1785	+
	1786	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 22
	1787	+	shall: 23
	1788	+
	1789	+	(1) [Make recommendations] DEVELOP AND RECOMMEND to the Board 24
	1790	+	[on regulations necessary]: 25
	1791	+
	1792	+	(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 26
	1793	+
	1794	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROFESSION ; 27
	1795	+
	1796	+	(2) [Make recommendations to the Board on a code of ethics for the practice 28
	1797	+	of radiation therapy, the practice of radiography, the practice of nuclear medicine 29
	1798	+	technology, and the practice of radiology assistance for adoption by the Board; 30 HOUSE BILL 776 39
	1799	+
	1800	+
	1801	+
	1802	+	(3) On request, make recommendations to the Board on standards of care 1
	1803	+	for the practice of radiation therapy, the practice of radiography, the practice of nuclear 2
	1804	+	medicine technology, and the practice of radiology assistance; 3
	1805	+
	1806	+	(4) Make recommendations to the Board on the requirements for licensure 4
	1807	+	as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist 5
	1808	+	assistant; 6
	1809	+
	1810	+	(5) On request, review applications for licensure as a radiation therapist, 7
	1811	+	radiographer, nuclear medicine technologist, or radiologist assistant and make 8
	1812	+	recommendations to the Board; 9
	1813	+
	1814	+	(6) Develop and recommend to the Board continuing education 10
	1815	+	requirements for license renewal; 11
	1816	+
	1817	+	(7) Advise the Board on matters related to the practice of radiation 12
	1818	+	therapy, the practice of radiography, the practice of nuclear medicine technology, and the 13
	1819	+	practice of radiology assistance; 14
	1820	+
	1821	+	(8)] Keep a record of its [proceedings] MEETINGS; and 15
	1822	+
	1823	+	[(9) Submit an annual report to the Board.] 16
	1824	+
	1825	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 17
	1826	+
	1827	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 18
	1828	+	OF RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, AND 19
	1829	+	RADIOLOGY ASSISTANCE ; AND 20
	1830	+
	1831	+	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 21
	1832	+	RADIATION THERAPISTS , RADIOGRAPHERS , NUCLEAR MEDICINE TEC HNOLOGISTS, 22
	1833	+	AND RADIOLOGIST ASSI STANTS. 23
	1834	+
	1835	+	[(b) The Board shall: 24
	1836	+
	1837	+	(1) Consider all recommendations of the Committee; and 25
	1838	+
	1839	+	(2) Provide to the Committee an annual report on the disciplinary matters 26
	1840	+	involving licensees.] 27
	1841	+
	1842	+	14–5B–08. 28
	1843	+
	1844	+	(b) This section does not apply to: 29
	1845	+	40 HOUSE BILL 776
	1846	+
	1847	+
	1848	+	(1) [An individual] A RADIATION THERAPIST , RADIOGRAPHER , 1
	1849	+	NUCLEAR MEDICINE TEC HNOLOGIST, OR RADIOLOGY ASSISTA NT employed [by] IN 2
	1850	+	THE SERVICE OF the federal government [as a radiation therapist, radiographer, a nuclear 3
	1851	+	medicine technologist, or radiologist assistant] while [the individual is] practicing within 4
	1852	+	the scope of [that] THE employment; or 5
	1853	+
	1854	+	14–5B–11. 6
	1855	+
	1856	+	(a) Licensure as a radiation therapist authorizes an individual to practice 7
	1857	+	radiation therapy IN THE STATE while the license is effective. 8
	1858	+
	1859	+	(b) Licensure as a radiographer authorizes an individual to practice radiography 9
	1860	+	IN THE STATE while the license is effective. 10
	1861	+
	1862	+	(c) Licensure as a nuclear medicine technologist authorizes an individual to 11
	1863	+	practice nuclear medicine technology IN THE STATE while the license is effective. 12
	1864	+
	1865	+	(d) Licensure as a radiologist assistant authorizes an individual to practice 13
	1866	+	radiology assistance IN THE STATE while the license is effective. 14
	1867	+
	1868	+	14–5B–12.1. 15
	1869	+
	1870	+	(a) A licensee shall notify the Board in writing of a change in name or address 16
	1871	+	within [60] 10 days after the change. 17
	1872	+
	1873	+	14–5B–14. 18
	1874	+
	1875	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 19
	1876	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 20
	1877	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 21
	1878	+	suspend or revoke a license, if the applicant or licensee: 22
	1879	+
	1880	+	(3) Is guilty of [unprofessional or immoral]: 23
	1881	+
	1882	+	(I) IMMORAL conduct in the practice of radiation therapy, 24
	1883	+	radiography, nuclear medicine technology, or radiology assistance; OR 25
	1884	+
	1885	+	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 26
	1886	+	RADIATION THERAPY , RADIOGRAPHY, NUCLEAR MEDICINE TEC HNOLOGY, OR 27
	1887	+	RADIOLOGY ASSISTANCE ; 28
	1888	+
	1889	+	(4) Is [professionally, physically, or mentally]: 29
	1890	+
	1891	+	(I) PROFESSIONALLY INCOMP ETENT; 30
1895	1892		HOUSE BILL 776 41
1896	1893
1897	1894
1898		-	(3) The Board shall remit any penalty collected under this subsection into 1
1899		-	the General Fund of the State. 2
1900		-
1901		-	14–5A–22.1. 3
1902		-
1903		-	(a) Except as otherwise provided in this subtitle, a licensed physician may not 4
1904		-	employ or supervise an individual practicing respiratory care without a license. 5
1905		-
1906		-	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 6
1907		-	alternative health system, or AN employer may not employ an individual practicing 7
1908		-	respiratory care without a license. 8
1909		-
1910		-	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 9
1911		-	violation of this section. 10
1912		-
1913		-	14–5A–23. 11
1914		-
1915		-	(a) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 12
1916		-	14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is guilty of a misdemeanor and 13
1917		-	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 14
1918		-	or both. 15
1919		-
1920		-	(b) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 16
1921		-	14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is subject to a civil fine of not 17
1922		-	more than $5,000 to be levied by a disciplinary panel. 18
1923		-
1924		-	(c) The Board shall pay any penalty collected under this section into the Board of 19
1925		-	Physicians Fund. 20
1926		-
1927		-	14–5B–05. 21
1928		-
1929		-	(a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 22
1930		-	and Radiology Assistance Advisory Committee within the Board. 23
1931		-
1932		-	(b) (1) The Committee consists of nine members appointed by the Board. 24
1933		-
1934		-	(2) Of the nine members: 25
1935		-
1936		-	(i) One shall be a licensed physician who specializes in radiology; 26
1937		-
1938		-	(ii) One shall be a licensed physician who specializes in radiology 27
1939		-	and who supervises a radiologist assistant; 28
1940		-
1941		-	(iii) One shall be a licensed physician who specializes in nuclear 29
1942		-	medicine; 30
	1895	+	(II) PHYSICALLY INCOMPETEN T; OR 1
	1896	+
	1897	+	(III) MENTALLY incompetent; 2
	1898	+
	1899	+	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 3
	1900	+	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 4
	1901	+
	1902	+	(15) [Knowingly] WILLFULLY practices radiation therapy, radiography, 5
	1903	+	nuclear medicine technology, or radiology assistance with an unauthorized individual or 6
	1904	+	aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear 7
	1905	+	medicine technology, or radiology assistance; 8
	1906	+
	1907	+	(19) [Knowingly] WILLFULLY submits false statements to collect fees for 9
	1908	+	which services are not provided; 10
	1909	+
	1910	+	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 11
	1911	+	violation of § 5–704 of the Family Law Article; 12
	1912	+
	1913	+	14–5B–15. 13
	1914	+
	1915	+	(c) (1) If the licensee enters, or is considering entering, an alcohol or drug 14
	1916	+	treatment program that is accredited by [the] THE Joint Commission [on Accreditation of 15
	1917	+	Healthcare Organizations] or that is certified by the Department, the licensee shall notify 16
	1918	+	the hospital, related institution, alternative health system, or employer [of] WITHIN 15 17
	1919	+	DAYS AFTER the licensee’s decision to enter the treatment program. 18
	1920	+
	1921	+	(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 19
	1922	+	for failure to report under this section. 20
	1923	+
	1924	+	14–5B–18.1. 21
	1925	+
	1926	+	(a) Except as otherwise provided in this subtitle, a licensed physician may not 22
	1927	+	employ or supervise an individual practicing radiation therapy, radiography, nuclear 23
	1928	+	medicine technology, or radiology assistance without a license. 24
	1929	+
	1930	+	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 25
	1931	+	alternative health system, or employer may not employ an individual practicing radiation 26
	1932	+	therapy, radiography, nuclear medicine technology, or radiology assistance without a 27
	1933	+	license. 28
	1934	+
	1935	+	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for 29
	1936	+	employing an individual without a license under this section. 30
	1937	+
	1938	+	14–5B–19. 31
1943	1939		42 HOUSE BILL 776
1944	1940
1945	1941
1946		-	(iv) One shall be a licensed physician who specializes in radiation 1
1947		-	oncology; 2
1948		-
1949		-	(v) One shall be a LICENSED radiation therapist; 3
1950		-
1951		-	(vi) One shall be a LICENSED radiographer; 4
1952		-
1953		-	(vii) One shall be a LICENSED radiologist assistant; 5
1954		-
1955		-	(viii) One shall be a LICENSED nuclear medicine technologist; and 6
1956		-
1957		-	(ix) One shall be a consumer member. 7
1958		-
1959		-	[(c) (1) From among its members, the Committee shall elect a chair once every 8
1960		-	2 years. 9
1961		-
1962		-	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 10
1963		-	the Board as a representative of the Committee.] 11
1964		-
1965		-	(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 12
1966		-	IN GOOD STANDING WIT H THE BOARD. 13
1967		-
1968		-	(d) The consumer member of the Committee: 14
1969		-
1970		-	(1) [Shall] MUST be a member of the general public; 15
1971		-
1972		-	(2) May not be or ever have been [a]: 16
1973		-
1974		-	(I) A RADIATION THERAPIST , RADIOGRAPHER , RADIOLOGIST 17
1975		-	ASSISTANT, OR NUCLEAR MEDICINE TECHNOLOGIST ; 18
1976		-
1977		-	(II) ANY OTHER health care professional; or [in] 19
1978		-
1979		-	(III) IN training to be a RADIATION THERAPIST , RADIOGRAPHER , 20
1980		-	RADIOLOGIST ASSISTAN T, NUCLEAR MEDICINE TEC HNOLOGIST, OR OTHER health 21
1981		-	care professional; and 22
1982		-
1983		-	(3) May not: 23
1984		-
1985		-	(i) Participate or ever have participated in a commercial or 24
1986		-	professional field related to radiation therapy, radiography, nuclear medicine technology, 25
1987		-	or radiology assistance; 26
1988		-
1989		-	(ii) Have a household member who participates in a commercial or 27
1990		-	professional field related to radiation therapy, radiography, nuclear medicine technology, 28
1991		-	or radiology assistance; [or] 29 HOUSE BILL 776 43
1992		-
1993		-
1994		-
1995		-	(iii) Have had within 2 years before appointment a financial interest 1
1996		-	in a person regulated by the Board; OR 2
1997		-
1998		-	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 3
1999		-	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO RADIATION 4
2000		-	THERAPISTS, RADIOGRAPHERS , RADIOLOGY ASSISTANTS , OR NUCLEAR MEDICINE 5
2001		-	TECHNOLOGISTS OR TO THE FIELD OF RADIATI ON THERAPY , RADIOGRAPHY , 6
2002		-	NUCLEAR MEDICINE TEC HNOLOGY, OR RADIOLOGY ASSISTA NCE. 7
2003		-
2004		-	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 8
2005		-	STATE. 9
2006		-
2007		-	(F) (1) FROM AMONG ITS MEMBERS , THE COMMITTEE SHALL ELECT A 10
2008		-	CHAIR ONCE EVERY 2 YEARS. 11
2009		-
2010		-	(2) THE CHAIR, OR THE CHAIR ’S DESIGNEE, SHALL SERVE IN AN 12
2011		-	ADVISORY CAPACITY TO THE BOARD AS A REPRESENTA TIVE OF THE COMMITTEE. 13
2012		-
2013		-	[(e)] (G) (1) The term of a member is 3 years. 14
2014		-
2015		-	(2) The terms of members are staggered as required by regulation. 15
2016		-
2017		-	(3) At the end of a term, a member continues to serve until a successor is 16
2018		-	appointed and qualifies. 17
2019		-
2020		-	(4) A member may not serve more than [2] TWO consecutive full terms. 18
2021		-
2022		-	(5) A MEMBER WHO IS APPOINTED AFT ER A TERM HAS BEGUN SERVES 19
2023		-	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
2024		-	QUALIFIES. 21
2025		-
2026		-	(H) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 22
2027		-
2028		-	14–5B–06. 23
2029		-
2030		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 24
2031		-	shall: 25
2032		-
2033		-	(1) SHALL: 26
2034		-
2035		-	(1) (I) [Make recommendations] DEVELOP AND RECOMMEND to the 27
2036		-	Board [on regulations necessary]: 28
	1942	+	(a) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 1
	1943	+	14–5B–17 OR § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is 2
	1944	+	subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. 3
	1945	+
	1946	+	(b) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 4
	1947	+	14–5B–17 OR § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 5
	1948	+	to be levied by a disciplinary panel. 6
	1949	+
	1950	+	(c) The Board shall pay any penalty collected under this section into the Board of 7
	1951	+	Physicians Fund. 8
	1952	+
	1953	+	14–5C–01. 9
	1954	+
	1955	+	(a) In this subtitle the following words have the meanings indicated. 10
	1956	+
	1957	+	(c) “Committee” means the Polysomnography [Professional Standards] 11
	1958	+	ADVISORY Committee established under § 14–5C–05 of this subtitle. 12
	1959	+
	1960	+	14–5C–05. 13
	1961	+
	1962	+	There is a Polysomnography [Professional Standards] ADVISORY Committee within 14
	1963	+	the Board. 15
	1964	+
	1965	+	14–5C–06. 16
	1966	+
	1967	+	(a) The Committee consists of seven members appointed by the Board as follows: 17
	1968	+
	1969	+	(1) [(i) On or before September 30, 2009, three registered 18
	1970	+	polysomnographic technologists; or 19
	1971	+
	1972	+	(ii) On or after October 1, 2009, three ] THREE licensed 20
	1973	+	polysomnographic technologists; 21
	1974	+
	1975	+	(2) Three LICENSED physicians who are board certified in sleep medicine: 22
	1976	+
	1977	+	(i) One of whom is a specialist in psychiatry or internal medicine; 23
	1978	+
	1979	+	(ii) One of whom is a specialist in pulmonary medicine; and 24
	1980	+
	1981	+	(iii) One of whom is a specialist in neurology; and 25
	1982	+
	1983	+	(3) One consumer member. 26
	1984	+
	1985	+	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 27
	1986	+	IN GOOD STANDING WIT H THE BOARD. 28
	1987	+	HOUSE BILL 776 43
	1988	+
	1989	+
	1990	+	[(b)] (C) The consumer member of the Committee: 1
	1991	+
	1992	+	(1) [Shall] MUST be a member of the general public; 2
	1993	+
	1994	+	(2) May not be or ever have been: 3
	1995	+
	1996	+	(i) A polysomnographic technologist; 4
	1997	+
	1998	+	(ii) Any OTHER health care professional; or 5
	1999	+
	2000	+	(iii) In training to be a polysomnographic technologist or other health 6
	2001	+	care professional; AND 7
	2002	+
	2003	+	(3) [May not have a household member who is a health care professional 8
	2004	+	or is in training to be a health care professional; and 9
	2005	+
	2006	+	(4)] May not: 10
	2007	+
	2008	+	(i) Participate or ever have participated in a commercial or 11
	2009	+	professional field related to polysomnography; 12
	2010	+
	2011	+	(ii) Have a household member who participates in a commercial or 13
	2012	+	professional field related to polysomnography; 14
	2013	+
	2014	+	(iii) Have had within 2 years before appointment a financial interest 15
	2015	+	in a person regulated by the Board; or 16
	2016	+
	2017	+	(iv) Have had within 2 years before appointment a financial interest 17
	2018	+	in the provision of goods or services to polysomnographic technologists or to the field of 18
	2019	+	polysomnography. 19
	2020	+
	2021	+	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 20
	2022	+	STATE. 21
	2023	+
	2024	+	[(c)] (E) (1) The term of a member is 3 years. 22
	2025	+
	2026	+	(2) The terms of members are staggered as required by [the terms provided 23
	2027	+	for members of the Committee on October 1, 2006] REGULATION . 24
	2028	+
	2029	+	(3) At the end of a term, a member continues to serve until a successor is 25
	2030	+	appointed and qualifies. 26
	2031	+
	2032	+	(4) A member who is appointed after a term has begun serves only for the 27
	2033	+	rest of the term and until a successor is appointed and qualifies. 28
2037	2034		44 HOUSE BILL 776
2038	2035
2039	2036
2040		-	(I) 1. REGULATIONS to carry out [the provisions of] this 1
2041		-	subtitle; AND 2
2042		-
2043		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 3
2044		-	PROFESSION; AND 4
2045		-
2046		-	(2) (II) [Make recommendations to the Board on a code of ethics for the 5
2047		-	practice of radiation therapy, the practice of radiography, the practice of nuclear medicine 6
2048		-	technology, and the practice of radiology assistance for adoption by the Board; 7
2049		-
2050		-	(3) On request, make recommendations to the Board on standards of care 8
2051		-	for the practice of radiation therapy, the practice of radiography, the practice of nuclear 9
2052		-	medicine technology, and the practice of radiology assistance; 10
2053		-
2054		-	(4) Make recommendations to the Board on the requirements for licensure 11
2055		-	as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist 12
2056		-	assistant; 13
2057		-
2058		-	(5) On request, review applications for licensure as a radiation therapist, 14
2059		-	radiographer, nuclear medicine technologist, or radiologist assistant and make 15
2060		-	recommendations to the Board; 16
2061		-
2062		-	(6) Develop and recommend to the Board continuing education 17
2063		-	requirements for license renewal; 18
2064		-
2065		-	(7) Advise the Board on matters related to the practice of radiation 19
2066		-	therapy, the practice of radiography, the practice of nuclear medicine technology, and the 20
2067		-	practice of radiology assistance; 21
2068		-
2069		-	(8)] Keep a record of its [proceedings] MEETINGS; and 22
2070		-
2071		-	[(9) Submit an annual report to the Board.] 23
2072		-
2073		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 24
2074		-
2075		-	(2) MAY: 25
2076		-
2077		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 26
2078		-	OF RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, AND 27
2079		-	RADIOLOGY ASSISTANCE ; AND 28
2080		-
2081		-	(II) ADVISE THE BOARD ON ANY OTHER MATTERS RE LATED TO 29
2082		-	RADIATION THERAPISTS , RADIOGRAPHERS , NUCLEAR MEDICINE TEC HNOLOGISTS, 30
2083		-	AND RADIOLOGIST ASSI STANTS. 31
2084		-
2085		-	[(b) The Board shall: 32 HOUSE BILL 776 45
2086		-
2087		-
2088		-
2089		-	(1) Consider all recommendations of the Committee; and 1
2090		-
2091		-	(2) Provide to the Committee an annual report on the disciplinary matters 2
2092		-	involving licensees.] 3
2093		-
2094		-	14–5B–08. 4
2095		-
2096		-	(b) This section does not apply to: 5
2097		-
2098		-	(1) [An individual] A RADIATION THERAPIST , RADIOGRAPHER , 6
2099		-	NUCLEAR MEDICINE TEC HNOLOGIST, OR RADIOLOGY ASSISTA NT employed [by] IN 7
2100		-	THE SERVICE OF the federal government [as a radiation therapist, radiographer, a nuclear 8
2101		-	medicine technologist, or radiologist assistant] while [the individual is] practicing within 9
2102		-	the scope of [that] THE employment; or 10
2103		-
2104		-	14–5B–11. 11
2105		-
2106		-	(a) Licensure as a radiation therapist authorizes an individual to practice 12
2107		-	radiation therapy IN THE STATE while the license is effective. 13
2108		-
2109		-	(b) Licensure as a radiographer authorizes an individual to practice radiography 14
2110		-	IN THE STATE while the license is effective. 15
2111		-
2112		-	(c) Licensure as a nuclear medicine technologist authorizes an individual to 16
2113		-	practice nuclear medicine technology IN THE STATE while the license is effective. 17
2114		-
2115		-	(d) Licensure as a radiologist assistant authorizes an individual to practice 18
2116		-	radiology assistance IN THE STATE while the license is effective. 19
2117		-
2118		-	14–5B–12.1. 20
2119		-
2120		-	(a) A licensee shall notify the Board in writing of a change in name or address 21
2121		-	within [60] 10 30 days after the change. 22
2122		-
2123		-	14–5B–14. 23
2124		-
2125		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 24
2126		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 25
2127		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 26
2128		-	suspend or revoke a license, if the applicant or licensee: 27
2129		-
2130		-	(3) Is guilty of [unprofessional or immoral]: 28
2131		-
2132		-	(I) IMMORAL conduct in the practice of radiation therapy, 29
2133		-	radiography, nuclear medicine technology, or radiology assistance; OR 30 46 HOUSE BILL 776
2134		-
2135		-
2136		-
2137		-	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 1
2138		-	RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TECHNOLOG Y, OR 2
2139		-	RADIOLOGY ASSISTANCE ; 3
2140		-
2141		-	(4) Is [professionally, physically, or mentally]: 4
2142		-
2143		-	(I) PROFESSIONALLY INCOMP ETENT; 5
2144		-
2145		-	(II) PHYSICALLY INCOMPETEN T; OR 6
2146		-
2147		-	(III) MENTALLY incompetent; 7
2148		-
2149		-	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 8
2150		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 9
2151		-
2152		-	(15) [Knowingly] WILLFULLY practices radiation therapy, radiography, 10
2153		-	nuclear medicine technology, or radiology assistance with an unauthorized individual or 11
2154		-	aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear 12
2155		-	medicine technology, or radiology assistance; 13
2156		-
2157		-	(19) [Knowingly] WILLFULLY submits false statements to collect fees for 14
2158		-	which services are not provided; 15
2159		-
2160		-	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 16
2161		-	violation of § 5–704 of the Family Law Article; 17
2162		-
2163		-	14–5B–15. 18
2164		-
2165		-	(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 19
2166		-	related institutions, alternative health systems as defined in § 1–401 of this article, and 20
2167		-	employers] EACH EMPLOYER OF A LI CENSEE shall [file with] SUBMIT TO the Board a 21
2168		-	report [that the hospital, related institution, alternative health system, or employer 22
2169		-	limited, reduced, otherwise changed, or terminated any licensee for any reason] IF: 23
2170		-
2171		-	(I) THE EMPLOYER : 24
2172		-
2173		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 25
2174		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSEE’S CLINICAL PRIVILEGE S, 26
2175		-	EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT PA TIENTS; 27
2176		-
2177		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 28
2178		-	LICENSEE’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 29
	2037	+	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 1
	2038	+	TERMS. 2
	2039	+
	2040	+	[(d)] (F) (1) From among its members, the Committee shall elect a chair once 3
	2041	+	every 2 years. 4
	2042	+
	2043	+	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 5
	2044	+	the Board as a representative of the Committee. 6
	2045	+
	2046	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 7
	2047	+
	2048	+	14–5C–07. 8
	2049	+
	2050	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 9
	2051	+	shall: 10
	2052	+
	2053	+	(1) Develop and recommend to the Board [regulations]: 11
	2054	+
	2055	+	(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 12
	2056	+
	2057	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 13
	2058	+
	2059	+	(2) [Develop and recommend to the Board a code of ethics for the practice 14
	2060	+	of polysomnography for adoption by the Board; 15
	2061	+
	2062	+	(3) Develop and recommend to the Board standards of care for the practice 16
	2063	+	of polysomnography; 17
	2064	+
	2065	+	(4) Develop and recommend to the Board the requirements for licensure as 18
	2066	+	a polysomnographic technologist, including: 19
	2067	+
	2068	+	(i) Criteria for the educational and clinical training of licensed 20
	2069	+	polysomnographic technologists; and 21
	2070	+
	2071	+	(ii) Criteria for a professional competency examination and testing 22
	2072	+	of applicants for a license to practice polysomnography; 23
	2073	+
	2074	+	(5) Develop and recommend to the Board criteria for licensed 24
	2075	+	polysomnographic technologists who are licensed in other states to practice in this State; 25
	2076	+
	2077	+	(6) Evaluate the accreditation status of education programs in 26
	2078	+	polysomnography for approval by the Board; 27
	2079	+
	2080	+	(7) Evaluate the credentials of applicants and recommend licensure of 28
	2081	+	applicants who fulfill the requirements for a license to practice polysomnography; 29
	2082	+	HOUSE BILL 776 45
	2083	+
	2084	+
	2085	+	(8) Develop and recommend to the Board continuing education 1
	2086	+	requirements for license renewal; 2
	2087	+
	2088	+	(9) Provide the Board with recommendations concerning the practice of 3
	2089	+	polysomnography; 4
	2090	+
	2091	+	(10) Develop and recommend to the Board criteria for the direction of 5
	2092	+	students in clinical education programs by licensed polysomnographic technologists and 6
	2093	+	licensed physicians; 7
	2094	+
	2095	+	(11)] Keep a record of its [proceedings] MEETINGS; and 8
	2096	+
	2097	+	[(12) Submit an annual report to the Board.] 9
	2098	+
	2099	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 10
	2100	+
	2101	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 11
	2102	+	OF POLYSOMNOGRAPHY ; AND 12
	2103	+
	2104	+	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 13
	2105	+	POLYSOMNOGRAPHIC TEC HNOLOGIST PRACTITION ERS. 14
	2106	+
	2107	+	[(b) The Board shall: 15
	2108	+
	2109	+	(1) Consider all recommendations of the Committee; and 16
	2110	+
	2111	+	(2) Provide to the Committee an annual report on the disciplinary matters 17
	2112	+	involving licensees.] 18
	2113	+
	2114	+	14–5C–08. 19
	2115	+
	2116	+	(b) This section does not apply to [a]: 20
	2117	+
	2118	+	(1) A student enrolled in an education program under § 14–5C–09(c)(3) of 21
	2119	+	this subtitle while practicing polysomnography in that program[.]; 22
	2120	+
	2121	+	[(c)] (2) [This section does not apply to a] A respiratory care practitioner who 23
	2122	+	was licensed by the Board to practice respiratory care on or before December 31, 2012, and 24
	2123	+	whose duties include practicing polysomnography; OR 25
	2124	+
	2125	+	(3) A POLYSOMNOGRAPHIC TEC HNOLOGIST EMPLOYED I N THE 26
	2126	+	SERVICE OF THE FEDER AL GOVERNMENT WHILE PRACTICING WITHIN TH E SCOPE OF 27
	2127	+	THE EMPLOYMENT . 28
	2128	+
	2129	+	[14–5C–10. 29 46 HOUSE BILL 776
	2130	+
	2131	+
	2132	+
	2133	+	(a) The Board shall waive the education requirement under § 14–5C–09(c)(3) of 1
	2134	+	this subtitle if on or before September 30, 2013, an individual: 2
	2135	+
	2136	+	(1) Has passed the national certifying examination by the Board of 3
	2137	+	Registered Polysomnographic Technologists or another examination approved by the 4
	2138	+	Board; 5
	2139	+
	2140	+	(2) Is certified by the Board of Registered Polysomnographic Technologists 6
	2141	+	as a registered polysomnographic technologist; 7
	2142	+
	2143	+	(3) Has submitted an application for licensure to the Board; and 8
	2144	+
	2145	+	(4) Meets all of the requirements under § 14–5C–09(b) and (c)(1) and (2) of 9
	2146	+	this subtitle. 10
	2147	+
	2148	+	(b) (1) If an individual has not satisfied the requirements under subsection (a) 11
	2149	+	of this section on or before September 30, 2013, the individual may petition the Board for 12
	2150	+	an extension. 13
	2151	+
	2152	+	(2) The Board shall determine whether to grant an extension under this 14
	2153	+	subsection on a case–by–case basis.] 15
	2154	+
	2155	+	14–5C–14.1. 16
	2156	+
	2157	+	(a) A licensee shall notify the Board in writing of a change in name or address 17
	2158	+	within [60] 10 days after the change. 18
	2159	+
	2160	+	14–5C–17. 19
	2161	+
	2162	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 20
	2163	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 21
	2164	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 22
	2165	+	suspend or revoke a license, if the applicant or licensee: 23
	2166	+
	2167	+	(3) Is guilty of [unprofessional or immoral]: 24
	2168	+
	2169	+	(I) IMMORAL conduct in the practice of polysomnography; OR 25
	2170	+
	2171	+	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 26
	2172	+	POLYSOMNOGRAPHY ; 27
	2173	+
	2174	+	(4) Is [professionally, physically, or mentally]: 28
	2175	+
	2176	+	(I) PROFESSIONALLY INCOMP ETENT; 29
2179	2177		HOUSE BILL 776 47
2180	2178
2181	2179
2182		-	3. ASKED THE LICENSEE TO VOLUNTARILY RESIGN 1
2183		-	BECAUSE OF THE LICEN SEE’S CONDUCT OR WHILE T HE LICENSEE IS BEING 2
2184		-	INVESTIGATED ; AND 3
2185		-
2186		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 4
2187		-	PARAGRAPH WAS TAKEN : 5
2188		-
2189		-	1. FOR REASONS that might be grounds for disciplinary 6
2190		-	action under § 14–5B–14 of this subtitle; 7
2191		-
2192		-	2. BECAUSE THE LICENSEE MAY HAVE ENGAGED IN AN 8
2193		-	ACT THAT MAY CONSTIT UTE UNPROFESSIONAL C ONDUCT; 9
2194		-
2195		-	3. BECAUSE THE LICENSEE MAY BE UNABLE TO 10
2196		-	PRACTICE NUCLEAR MED ICINE TECHNOLOGY , RADIATION THERAPY , 11
2197		-	RADIOGRAPHY , OR RADIOLOGY ASSISTA NCE WITH REASONABLE SKILL AND SAFETY 12
2198		-	BECAUSE OF A PHYSICA L OR MENTAL CONDITIO N OR PROFESSIONAL 13
2199		-	INCOMPETENCE ; OR 14
2200		-
2201		-	4. BECAUSE THE L ICENSEE MAY HAVE HAR MED OR 15
2202		-	PLACED ONE OR MORE P ATIENTS OR THE PUBLI C AT UNREASONABLE RI SK OF HARM 16
2203		-	BY ENGAGING IN AN AC T THAT CREATES AN IM MEDIATE OR CONTINUIN G DANGER. 17
2204		-
2205		-	(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 18
2206		-	SUBSECTION SHALL INC LUDE: 19
2207		-
2208		-	(I) THE ACTION TAKEN BY T HE EMPLOYER ; 20
2209		-
2210		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 21
2211		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 22
2212		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 23
2213		-
2214		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVESTIGATE THE 24
2215		-	CONDUCT OF THE LICEN SEE. 25
2216		-
2217		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 26
2218		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 27
2219		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 28
2220		-
2221		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UNDER 29
2222		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 30
2223		-	PROVIDE THE ADDITION AL INFORMATION . 31
	2180	+	(II) PHYSICALLY INCOMPETEN T; OR 1
	2181	+
	2182	+	(III) MENTALLY incompetent; 2
	2183	+
	2184	+	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 3
	2185	+	polysomnography; 4
	2186	+
	2187	+	(15) [Knowingly] WILLFULLY practices polysomnography with an 5
	2188	+	unauthorized individual or aids an unauthorized individual in the practice of 6
	2189	+	polysomnography; 7
	2190	+
	2191	+	(16) [Knowingly] WILLFULLY delegates a polysomnographic duty to an 8
	2192	+	unlicensed individual; 9
	2193	+
	2194	+	(20) [Knowingly] WILLFULLY submits false statements to collect fees for 10
	2195	+	which services are not provided; 11
	2196	+
	2197	+	(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 12
	2198	+	violation of § 5–704 of the Family Law Article; 13
	2199	+
	2200	+	14–5C–18. 14
	2201	+
	2202	+	(c) (1) If the licensed polysomnographic technologist enters, or is considering 15
	2203	+	entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 16
	2204	+	Commission [on Accreditation of Healthcare Organizations] or that is certified by the 17
	2205	+	Department, the licensed polysomnographic technologist shall notify the hospital, related 18
	2206	+	institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 19
	2207	+	licensed polysomnographic technologist’s decision to enter the treatment program. 20
	2208	+
	2209	+	(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 21
	2210	+	for failure to report under this section. 22
	2211	+
	2212	+	14–5C–23. 23
	2213	+
	2214	+	(a) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 24
	2215	+	14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is guilty of a misdemeanor and 25
	2216	+	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 26
	2217	+	or both. 27
	2218	+
	2219	+	(b) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 28
	2220	+	14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is subject to a civil fine of not 29
	2221	+	more than $5,000 to be levied by a disciplinary panel. 30
	2222	+
	2223	+	(c) The Board shall pay any penalty collected under this section into the Board of 31
	2224	+	Physicians Fund. 32
2224	2225		48 HOUSE BILL 776
2225	2226
2226	2227
2227		-	(b) [A hospital, related institution, alternative health system, or] IF AN employer 1
2228		-	[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensee [has committed 2
2229		-	an action or has a condition that might be grounds for reprimand or probation of the 3
2230		-	licensee or suspension or revocation of the licensure] REQUIRES THAT THE EM PLOYER 4
2231		-	SUBMIT A REPORT UNDE R SUBSECTION (A)(1) OF THIS SECTION because the licensee 5
2232		-	is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R SUBSTANCE , THE 6
2233		-	EMPLOYER is not required to report the licensee to the Board if: 7
2234		-
2235		-	(1) The [hospital, related institution, alternative health system, or] 8
2236		-	employer knows that the licensee is: 9
2237		-
2238		-	(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 10
2239		-	program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 11
2240		-	Organizations] or is certified by the Department; or 12
2241		-
2242		-	(ii) Under the care of a health care practitioner who is competent 13
2243		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 14
2244		-
2245		-	(2) (i) The [hospital, related institution, alternative health system, or] 15
2246		-	employer is able to verify that the licensee remains in the treatment program until 16
2247		-	SUCCESSFUL discharge; and 17
2248		-
2249		-	(ii) The action or condition of the licensee has not caused injury to 18
2250		-	any person while the licensee is practicing AS A LICENSED NUCLEA R MEDICINE 19
2251		-	TECHNOLOGIST , LICENSED RADIATION T HERAPIST, LICENSED RADIOGRAPHE R, OR 20
2252		-	LICENSED RADIOLOGIST ASSISTANT. 21
2253		-
2254		-	(c) (1) If the licensee enters, or is considering entering, an alcohol or drug 22
2255		-	treatment program that is accredited by [the] THE Joint Commission [on Accreditation of 23
2256		-	Healthcare Organizations] or that is certified by the Department, the licensee shall notify 24
2257		-	the hospital, related institution, alternative health system, or employer [of] WITHIN 15 25
2258		-	DAYS AFTER the licensee’s decision to enter the treatment program. 26
2259		-
2260		-	[(2) If the licensee fails to provide the notice required under paragraph (1) 27
2261		-	of this subsection, and the hospital, related institution, alternative health system, or 28
2262		-	employer learns that the licensee has entered a treatment program, the hospital, related 29
2263		-	institution, alternative health system, or employer shall report to the Board that the 30
2264		-	licensee has entered a treatment program and has failed to provide the required notice. 31
2265		-
2266		-	(3) If the licensee is found to be noncompliant with the treatment 32
2267		-	program’s policies and procedures while in the treatment program, the treatment program 33
2268		-	shall notify the hospital, related institution, alternative health system, or employer of the 34
2269		-	licensee’s noncompliance. 35
	2228	+	14–5D–04. 1
	2229	+
	2230	+	There is an Athletic Trainer Advisory Committee within the Board. 2
	2231	+
	2232	+	14–5D–05. 3
	2233	+
	2234	+	(a) The Committee consists of [nine] SEVEN members appointed by the Board as 4
	2235	+	follows: 5
	2236	+
	2237	+	(1) Three licensed athletic trainers [who: 6
	2238	+
	2239	+	(i) Are certified by a national certifying board; and 7
	2240	+
	2241	+	(ii) Have a minimum of 5 years of clinical experience]; 8
	2242	+
	2243	+	(2) Three licensed physicians: 9
	2244	+
	2245	+	(i) At least one of whom is a specialist in orthopedic or sports 10
	2246	+	medicine; and 11
	2247	+
	2248	+	(ii) Two of whom previously or currently have partnered with or 12
	2249	+	directed an athletic trainer; AND 13
	2250	+
	2251	+	[(3) One member who is: 14
	2252	+
	2253	+	(i) A licensed chiropractor who has sports medicine experience; 15
	2254	+
	2255	+	(ii) A licensed physical therapist; or 16
	2256	+
	2257	+	(iii) A licensed occupational therapist; and 17
	2258	+
	2259	+	(4)] (3) [Two] ONE consumer [members] MEMBER. 18
	2260	+
	2261	+	[(b) (1) The athletic trainer members may be appointed by the Board from a 19
	2262	+	list of qualified individuals submitted to the Board by the Maryland Athletic Trainers 20
	2263	+	Association, Inc. 21
	2264	+
	2265	+	(2) The Board may request an additional list of nominees for each vacancy.] 22
	2266	+
	2267	+	(B) THE BOARD SHALL APPOINT A T LEAST ONE OF THE A THLETIC TRAINER 23
	2268	+	MEMBERS FROM A LIST OF NAMES SUBMITTED B Y THE MARYLAND ATHLETIC 24
	2269	+	TRAINERS ASSOCIATION, INC. 25
	2270	+
	2271	+	(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 26
	2272	+	IN GOOD STANDING WIT H THE BOARD. 27
2270	2273		HOUSE BILL 776 49
2271	2274
2272	2275
2273		-	(4) On receipt of the notification required under paragraph (3) of this 1
2274		-	subsection, the hospital, related institution, alternative health system, or] IF THE 2
2275		-	EMPLOYER KNOWS THAT THE LICENSEE IS NONC OMPLIANT WITH THE SU BSTANCE 3
2276		-	USE DISORDER TREATME NT PROGRAM , THE employer of the licensee shall report the 4
2277		-	licensee’s noncompliance to the Board. 5
2278		-
2279		-	(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 6
2280		-	FOR GOOD CAUSE SHOWN . 7
2281		-
2282		-	(2) A person is not required under this section to make any report that 8
2283		-	would be in violation of any federal or State law, rule, or regulation concerning the 9
2284		-	confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 10
2285		-
2286		-	(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 11
2287		-
2288		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 12
2289		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 13
2290		-	REQUIRED BY THIS SEC TION. 14
2291		-
2292		-	[(e)] (G) [The hospital, related institution, alternative health system, or] AN 15
2293		-	employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 16
2294		-	submit the report within 10 days [of any] AFTER THE action [described in this section] 17
2295		-	REQUIRING THE REPORT . 18
2296		-
2297		-	[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 19
2298		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 20
2299		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 21
2300		-	of the Board or a disciplinary panel under this title. 22
2301		-
2302		-	(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] 23
2303		-	$5,000 for failure KNOWINGLY FAILI NG to report under this section. 24
2304		-
2305		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 25
2306		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 26
2307		-
2308		-	(3) The Board shall remit any penalty collected under this subsection into 27
2309		-	the General Fund of the State. 28
2310		-
2311		-	14–5B–18.1. 29
2312		-
2313		-	(a) Except as otherwise provided in this subtitle, a licensed physician may not 30
2314		-	employ or supervise an individual practicing radiation therapy, radiography, nuclear 31
2315		-	medicine technology, or radiology assistance without a license. 32
2316		-	50 HOUSE BILL 776
2317		-
2318		-
2319		-	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 1
2320		-	alternative health system, or AN employer may not employ an individual practicing 2
2321		-	radiation therapy, radiography, nuclear medicine technology, or radiology assistance 3
2322		-	without a license. 4
2323		-
2324		-	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for 5
2325		-	employing an individual without a license under this section. 6
2326		-
2327		-	14–5B–19. 7
2328		-
2329		-	(a) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 8
2330		-	14–5B–17 OR § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is 9
2331		-	subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. 10
2332		-
2333		-	(b) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 11
2334		-	14–5B–17 OR § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 12
2335		-	to be levied by a disciplinary panel. 13
2336		-
2337		-	(c) The Board shall pay any penalty collected under this section into the Board of 14
2338		-	Physicians Fund. 15
2339		-
2340		-	14–5C–01. 16
2341		-
2342		-	(a) In this subtitle the following words have the meanings indicated. 17
2343		-
2344		-	(c) “Committee” means the Polysomnography [Professional Standards] 18
2345		-	ADVISORY Committee established under § 14–5C–05 of this subtitle. 19
2346		-
2347		-	14–5C–05. 20
2348		-
2349		-	There is a Polysomnography [Professional Standards] ADVISORY Committee within 21
2350		-	the Board. 22
2351		-
2352		-	14–5C–06. 23
2353		-
2354		-	(a) The Committee consists of seven members appointed by the Board as follows: 24
2355		-
2356		-	(1) [(i) On or before September 30, 2009, three registered 25
2357		-	polysomnographic technologists; or 26
2358		-
2359		-	(ii) On or after October 1, 2009, three] THREE licensed 27
2360		-	polysomnographic technologists; 28
2361		-
2362		-	(2) Three LICENSED physicians who are board certified in sleep medicine: 29
2363		-
2364		-	(i) One of whom is a specialist in psychiatry or internal medicine; 30 HOUSE BILL 776 51
2365		-
2366		-
2367		-
2368		-	(ii) One of whom is a specialist in pulmonary medicine; and 1
2369		-
2370		-	(iii) One of whom is a specialist in neurology; and 2
2371		-
2372		-	(3) One consumer member. 3
2373		-
2374		-	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 4
2375		-	IN GOOD STANDING WIT H THE BOARD. 5
2376		-
2377		-	[(b)] (C) The consumer member of the Committee: 6
2378		-
2379		-	(1) [Shall] MUST be a member of the general public; 7
2380		-
2381		-	(2) May not be or ever have been: 8
2382		-
2383		-	(i) A polysomnographic technologist; 9
2384		-
2385		-	(ii) Any OTHER health care professional; or 10
2386		-
2387		-	(iii) In training to be a polysomnographic technologist or other health 11
2388		-	care professional; AND 12
2389		-
2390		-	(3) [May not have a household member who is a health care professional 13
2391		-	or is in training to be a health care professional; and 14
2392		-
2393		-	(4)] May not: 15
	2276	+	[(c)] (D) The consumer member of the Committee: 1
	2277	+
	2278	+	(1) [Shall] MUST be a member of the general public; 2
	2279	+
	2280	+	(2) May not be or ever have been: 3
	2281	+
	2282	+	(i) An athletic trainer; 4
	2283	+
	2284	+	(ii) [A] ANY OTHER health care professional; or 5
	2285	+
	2286	+	(iii) In training to be an athletic trainer or other health professional; 6
	2287	+	and 7
	2288	+
	2289	+	(3) May not: 8
	2290	+
	2291	+	(i) Participate or ever have participated in a commercial or 9
	2292	+	professional field related to athletic training; 10
	2293	+
	2294	+	(ii) Have [had within 2 years before appointment a financial interest 11
	2295	+	in a person regulated by the Board] A HOUSEHOLD MEMBER W HO PARTICIPATES IN A 12
	2296	+	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO ATHLETIC TRAINING ; [or] 13
	2297	+
	2298	+	(iii) Have had within 2 years before appointment a financial interest 14
	2299	+	in the provision of goods or services to athletic trainers or to the field of athletic training; 15
	2300	+	OR 16
	2301	+
	2302	+	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 17
	2303	+	FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD. 18
	2304	+
	2305	+	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 19
	2306	+	STATE. 20
	2307	+
	2308	+	[(d)] (F) (1) The term of a member is 3 years. 21
	2309	+
	2310	+	(2) The terms of members are staggered as required by [the terms provided 22
	2311	+	for members of the Committee on October 1, 2009] REGULATION . 23
	2312	+
	2313	+	(3) At the end of a term, a member continues to serve until a successor is 24
	2314	+	appointed AND QUALIFIES . 25
	2315	+
	2316	+	(4) A member who is appointed after a term has begun serves only for the 26
	2317	+	rest of the term and until a successor is appointed AND QUALIFIES . 27
	2318	+
	2319	+	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 28
	2320	+	TERMS. 29 50 HOUSE BILL 776
	2321	+
	2322	+
	2323	+
	2324	+	[(e)] (G) (1) From among its members, the Committee shall elect a chair 1
	2325	+	every 2 years. 2
	2326	+
	2327	+	(2) The chair shall serve in an advisory capacity to the Board as a 3
	2328	+	representative of the Committee. 4
	2329	+
	2330	+	(H) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 5
	2331	+
	2332	+	14–5D–06. 6
	2333	+
	2334	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 7
	2335	+	shall: 8
	2336	+
	2337	+	(1) Develop and recommend to the Board [regulations]: 9
	2338	+
	2339	+	(I) REGULATIONS to carry out this subtitle; AND 10
	2340	+
	2341	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 11
	2342	+
	2343	+	(2) [Develop and recommend to the Board continuing education 12
	2344	+	requirements for license renewal; 13
	2345	+
	2346	+	(3) Provide the Board with recommendations concerning the practice of 14
	2347	+	athletic training; 15
	2348	+
	2349	+	(4) Develop and recommend to the Board an evaluation and treatment 16
	2350	+	protocol for use by an athletic trainer and the physician with whom the athletic trainer 17
	2351	+	practices; 18
	2352	+
	2353	+	(5) Recommend to the Board approval, modification, or disapproval of 19
	2354	+	individual evaluation and treatment protocols; 20
	2355	+
	2356	+	(6)] Keep a record of its [proceedings] MEETINGS; and 21
	2357	+
	2358	+	[(7) Submit an annual report to the Board.] 22
	2359	+
	2360	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 23
	2361	+
	2362	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 24
	2363	+	OF ATHLETIC TRAINING ; AND 25
	2364	+
	2365	+	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 26
	2366	+	ATHLETIC TRAINERS . 27
	2367	+	HOUSE BILL 776 51
	2368	+
	2369	+
	2370	+	[(b) The Board shall: 1
	2371	+
	2372	+	(1) Consider all recommendations of the Committee; and 2
	2373	+
	2374	+	(2) Provide to the Committee an annual report on the disciplinary matters 3
	2375	+	involving licensees.] 4
	2376	+
	2377	+	14–5D–07. 5
	2378	+
	2379	+	(b) This section does not apply to: 6
	2380	+
	2381	+	(1) An [individual] ATHLETIC TRAINER employed [by] IN THE SERVICE 7
	2382	+	OF the federal government [as an athletic trainer] while [the individual is] practicing 8
	2383	+	within the scope of [that] THE employment; 9
	2384	+
	2385	+	14–5D–10. 10
	2386	+
	2387	+	(a) An athletic trainer license authorizes the licensee to practice athletic training 11
	2388	+	services IN THE STATE while the license is effective. 12
	2389	+
	2390	+	14–5D–11.1. 13
	2391	+
	2392	+	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 on a 14
	2393	+	person who employs or supervises an individual without a license or without an approved 15
	2394	+	evaluation and treatment protocol. 16
	2395	+
	2396	+	14–5D–11.5. 17
	2397	+
	2398	+	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS SECTION , 18
	2399	+	EACH HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, AND 19
	2400	+	EMPLOYER SHALL FILE WITH THE BOARD A REPORT THAT T HE HOSPITAL, RELATED 20
	2401	+	INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, 21
	2402	+	OTHERWISE CHANGED , OR TERMINATED ANY LI CENSED ATHLETIC TRAI NER FOR 22
	2403	+	ANY REASON THAT MIGH T BE GROUNDS FOR DIS CIPLINARY ACTION UND ER § 23
	2404	+	14–5D–14 OF THIS SUBTITLE. 24
	2405	+
	2406	+	(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 25
	2407	+	SYSTEM, OR AN EMPLOYER THAT HAS REASON TO KNOW T HAT A LICENSED ATHLE TIC 26
	2408	+	TRAINER HAS COMMITTE D AN ACTION OR HAS A CONDITION THAT MIGHT BE 27
	2409	+	GROUNDS FOR REPRIMAN D OR PROBATION OF TH E LICENSED ATHLETIC TRAINER 28
	2410	+	OR SUSPENSION OR REV OCATION OF THE LICEN SE BECAUSE THE LICEN SED 29
	2411	+	ATHLETIC TRAINER IS ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IS NOT REQU IRED 30
	2412	+	TO REPORT THE ATHLET IC TRAINER TO THE BOARD IF: 31
	2413	+	52 HOUSE BILL 776
	2414	+
	2415	+
	2416	+	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 1
	2417	+	SYSTEM, OR EMPLOYER KNOWS THA T THE LICENSED ATHLE TIC TRAINER IS: 2
	2418	+
	2419	+	(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM TH AT IS 3
	2420	+	ACCREDITED BY THE JOINT COMMISSION OR IS CERT IFIED BY THE DEPARTMENT ; 4
	2421	+	OR 5
	2422	+
	2423	+	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 6
	2424	+	IS COMPETENT AND CAPABLE OF DEALI NG WITH ALCOHOLISM A ND DRUG ABUSE ; 7
	2425	+
	2426	+	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 8
	2427	+	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE L ICENSED ATHLETIC TRA INER 9
	2428	+	REMAINS IN THE TREAT MENT PROGRAM UNTIL D ISCHARGE; AND 10
	2429	+
	2430	+	(3) THE ACTION OR CONDITION OF THE LICENSED ATHLETI C 11
	2431	+	TRAINER HAS NOT CAUS ED INJURY TO ANY PER SON WHILE THE PRACTI TIONER IS 12
	2432	+	PRACTICING AS A LICE NSED ATHLETIC TRAINE R. 13
	2433	+
	2434	+	(C) (1) IF THE LICENSED ATHLE TIC TRAINER ENTERS O R IS 14
	2435	+	CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THAT I S 15
	2436	+	ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 16
	2437	+	DEPARTMENT , THE LICENSED ATHLETI C TRAINER SHALL NOTI FY THE HOSPITAL , 17
	2438	+	RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 18
	2439	+	DAYS AFTER THE LICEN SED ATHLETIC TRAINER’S DECISION TO ENTER THE 19
	2440	+	TREATMENT PROGRAM . 20
	2441	+
	2442	+	(2) IF THE LICENSED ATHLE TIC TRAINER FAILS TO PROVIDE THE 21
	2443	+	NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION , AND THE 22
	2444	+	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 23
	2445	+	LEARNS TH AT THE LICENSED ATHL ETIC TRAINER HAS ENT ERED A TREATMENT 24
	2446	+	PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 25
	2447	+	OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED ATHLETIC 26
	2448	+	TRAINER HAS ENTERED A TREATMENT PROGRAM AND HAS FAILED TO PR OVIDE THE 27
	2449	+	REQUIRED NOTICE . 28
	2450	+
	2451	+	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 29
	2452	+	ATHLETIC TRAINER IS NONCOMPLIANT WITH TH E TREATMENT PROGRAM ’S 30
	2453	+	POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 31
	2454	+	PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION, ALTERNATIVE 32
	2455	+	HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED ATHLETIC TRA INER’S 33
	2456	+	NONCOMPLIANCE . 34
	2457	+	HOUSE BILL 776 53
	2458	+
	2459	+
	2460	+	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 1
	2461	+	THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 2
	2462	+	SYSTEM, OR EMPLOYER OF THE LICENSED ATHL ETIC TRAINER SHALL R EPORT THE 3
	2463	+	LICENSED ATHLETIC TR AINER’S NONCOMPLIANCE TO T HE BOARD. 4
	2464	+
	2465	+	(D) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 5
	2466	+	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 6
	2467	+	REGULATION CONCERNING THE CONFI DENTIALITY OF ALCOHO L AND DRUG ABUSE 7
	2468	+	PATIENT RECORDS . 8
	2469	+
	2470	+	(E) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 9
	2471	+	SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REPORT TO THE BOARD UNDER 10
	2472	+	THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTION 11
	2473	+	REQUIRING THE REPORT . 12
	2474	+
	2475	+	(F) A REPORT MADE UNDER TH IS SECTION IS NOT SU BJECT TO SUBPOENA 13
	2476	+	OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A PROCEEDING ARI SING OUT OF 14
	2477	+	A HEARING AND DECISI ON OF THE BOARD OR A DISCIPLINA RY PANEL UNDER THIS 15
	2478	+	TITLE. 16
	2479	+
	2480	+	(G) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 17
	2481	+	$5,000 FOR FAILURE TO REPOR T UNDER THIS SECTION . 18
	2482	+
	2483	+	(2) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 19
	2484	+	SUBSECTION INTO THE GENERAL FUND OF THE STATE. 20
	2485	+
	2486	+	14–5D–12.1. 21
	2487	+
	2488	+	(a) A licensee shall notify the Board in writing of a change in name or address 22
	2489	+	within [60] 10 days after the change. 23
	2490	+
	2491	+	14–5D–14. 24
	2492	+
	2493	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 25
	2494	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 26
	2495	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 27
	2496	+	suspend or revoke a license, if the applicant or licensee: 28
	2497	+
	2498	+	(3) Is guilty of [unprofessional or immoral]: 29
	2499	+
	2500	+	(I) IMMORAL conduct in the practice of athletic training; OR 30
	2501	+
	2502	+	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 31
	2503	+	ATHLETIC TRAINING ; 32 54 HOUSE BILL 776
	2504	+
	2505	+
	2506	+
	2507	+	(4) Is [professionally, physically, or mentally]: 1
	2508	+
	2509	+	(I) PROFESSIONALLY INCOMP ETENT; 2
	2510	+
	2511	+	(II) PHYSICALLY INCOMPETEN T; OR 3
	2512	+
	2513	+	(III) MENTALLY incompetent; 4
	2514	+
	2515	+	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 5
	2516	+	athletic training; 6
	2517	+
	2518	+	(15) [Knowingly] WILLFULLY practices athletic training with an 7
	2519	+	unauthorized individual or aids an unauthorized individual in the practice of athletic 8
	2520	+	trainer services; 9
	2521	+
	2522	+	(19) [Knowingly] WILLFULLY submits false statements to collect fees for 10
	2523	+	which services have not been provided; 11
	2524	+
	2525	+	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 12
	2526	+	violation of § 5–704 of the Family Law Article; 13
	2527	+
	2528	+	14–5E–05. 14
	2529	+
	2530	+	There is a Perfusion Advisory Committee within the Board. 15
	2531	+
	2532	+	14–5E–06. 16
	2533	+
	2534	+	(a) The Committee consists of seven members, appointed by the Board as follows: 17
	2535	+
	2536	+	(1) [(i) On or before September 30, 2013, three individuals who practice 18
	2537	+	perfusion and who: 19
	2538	+
	2539	+	1. Are certified by a national certifying board; and 20
	2540	+
	2541	+	2. Have a minimum of 2 years experience; and 21
	2542	+
	2543	+	(ii) On or after October 1, 2013, three] THREE licensed 22
	2544	+	perfusionists; 23
	2545	+
	2546	+	(2) Three LICENSED physicians, at least one of whom performs cardiac or 24
	2547	+	cardio–thoracic surgery or is a cardiac anesthesiologist; and 25
	2548	+
	2549	+	(3) One consumer member. 26
	2550	+	HOUSE BILL 776 55
	2551	+
	2552	+
	2553	+	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 1
	2554	+	IN GOOD STANDING WIT H THE BOARD. 2
	2555	+
	2556	+	[(b)] (C) The consumer member of the Committee: 3
	2557	+
	2558	+	(1) [Shall] MUST be a member of the general public; 4
	2559	+
	2560	+	(2) May not [practice or ever have practiced perfusion or any health care 5
	2561	+	profession; 6
	2562	+
	2563	+	(3) May not be or ever have been in training to practice perfusion or any 7
	2564	+	other health care profession; 8
	2565	+
	2566	+	(4) May not have a household member who is a health care professional or 9
	2567	+	is in training to be a health care professional] BE OR EVER HAVE BEEN : 10
	2568	+
	2569	+	(I) A PERFUSIONIST ; 11
	2570	+
	2571	+	(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 12
	2572	+
	2573	+	(III) IN TRAINING TO BE A P ERFUSIONIST OR OTHER HEALTH 13
	2574	+	PROFESSIONAL ; and 14
	2575	+
	2576	+	[(5)] (3) May not: 15
2394	2577
2395	2578		(i) Participate or ever have participated in a commercial or 16
2396		-	professional field related to ~~polysomnography~~; 17
	2579	+	professional field related to perfusion; 17
2397	2580
2398	2581		(ii) Have a household member who participates in a commercial or 18
2399		-	professional field related to ~~polysomnography~~; 19
	2582	+	professional field related to perfusion; 19
2400	2583
2401	2584		(iii) Have had within 2 years before appointment a financial interest 20
2402	2585		in a person regulated by the Board; or 21
2403	2586
2404	2587		(iv) Have had within 2 years before appointment a financial interest 22
2405		-	in the provision of goods or services to polysomnographic technologists or to the field of 23
2406		-	polysomnography. 24
2407		-
2408		-	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 25
2409		-	STATE. 26
2410		-
2411		-	[(c)] (E) (1) The term of a member is 3 years. 27
2412		-	52 HOUSE BILL 776
	2588	+	in the provision of goods or services to perfusionists or to the field of perfusion. 23
	2589	+
	2590	+	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 24
	2591	+	STATE. 25
	2592	+
	2593	+	[(c)] (E) (1) The term of a member is 3 years. 26
	2594	+
	2595	+	(2) The terms of members are staggered as required by [the terms provided 27
	2596	+	for members of the Committee on October 1, 2012] REGULATION . 28
	2597	+	56 HOUSE BILL 776
	2598	+
	2599	+
	2600	+	(3) At the end of a term, a member continues to serve until a successor is 1
	2601	+	appointed and qualifies. 2
	2602	+
	2603	+	(4) A member who is appointed after a term has begun serves only for the 3
	2604	+	rest of the term and until a successor is appointed and qualifies. 4
	2605	+
	2606	+	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 5
	2607	+	TERMS. 6
	2608	+
	2609	+	[(d)] (F) (1) From among its members, the Committee shall elect a chair 7
	2610	+	every 2 years. 8
	2611	+
	2612	+	(2) The chair shall serve in an advisory capacity to the Board as a 9
	2613	+	representative of the Committee. 10
	2614	+
	2615	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
	2616	+
	2617	+	14–5E–07. 12
	2618	+
	2619	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 13
	2620	+	shall: 14
	2621	+
	2622	+	(1) Develop and recommend to the Board: 15
	2623	+
	2624	+	(i) Regulations to carry out [the provisions of] this subtitle; AND 16
	2625	+
	2626	+	(ii) [A code of ethics for the practice of perfusion for adoption by the 17
	2627	+	Board; 18
	2628	+
	2629	+	(iii) Recommendations concerning the practice of perfusion, including 19
	2630	+	standards of care for the practice of perfusion; and 20
	2631	+
	2632	+	(iv) Continuing education requirements for license renewal] ANY 21
	2633	+	STATUTORY CHANGES TH AT AFFECT THE PROFES SION; 22
	2634	+
	2635	+	(2) Keep a record of its [proceedings] MEETINGS; and 23
	2636	+
	2637	+	(3) [Submit an annual report to the Board] ON REQUEST OF THE BOARD 24
	2638	+	OR A DISCIPLINARY PA NEL OF THE BOARD: 25
	2639	+
	2640	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 26
	2641	+	OF PERFUSION ; AND 27
	2642	+
	2643	+	(II) ADVISE THE BOARD ON ANY OTHER MATTERS RELATED TO 28
	2644	+	PERFUSIONISTS . 29 HOUSE BILL 776 57
	2645	+
	2646	+
	2647	+
	2648	+	[(b) The Board shall: 1
	2649	+
	2650	+	(1) Consider all recommendations of the Committee; and 2
	2651	+
	2652	+	(2) Provide to the Committee an annual report on the disciplinary matters 3
	2653	+	involving licensees.] 4
	2654	+
	2655	+	14–5E–08. 5
	2656	+
	2657	+	(b) This section does not apply to [a]: 6
	2658	+
	2659	+	(1) A student enrolled in an education program under § 14–5E–09(c)(2) of 7
	2660	+	this subtitle while practicing perfusion in that program; OR 8
	2661	+
	2662	+	(2) A PERFUSIONIST EMPLOYE D IN THE SERVICE OF THE FEDERAL 9
	2663	+	GOVERNMENT WHILE PRA CTICING WITHIN THE S COPE OF THE EMPLOYMENT . 10
	2664	+
	2665	+	14–5E–14. 11
	2666	+
	2667	+	(a) (1) A [licensed perfusionist] LICENSEE shall notify the Board in writing of 12
	2668	+	a change in name or address within [60] 10 days after the change. 13
	2669	+
	2670	+	14–5E–16. 14
	2671	+
	2672	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 15
	2673	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 16
	2674	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 17
	2675	+	suspend or revoke a license, if the applicant or licensee: 18
	2676	+
	2677	+	(3) Is guilty of [unprofessional or immoral]: 19
	2678	+
	2679	+	(I) IMMORAL conduct in the practice of perfusion; OR 20
	2680	+
	2681	+	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 21
	2682	+	PERFUSION; 22
	2683	+
	2684	+	(4) Is [professionally, physically, or mentally]: 23
	2685	+
	2686	+	(I) PROFESSIONALLY INCOMP ETENT; 24
	2687	+
	2688	+	(II) PHYSICALLY INCOMPETEN T; OR 25
	2689	+
	2690	+	(III) MENTALLY incompetent; 26
	2691	+	58 HOUSE BILL 776
	2692	+
	2693	+
	2694	+	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 1
	2695	+	perfusion; 2
	2696	+
	2697	+	(15) [Knowingly] WILLFULLY practices perfusion with an unauthorized 3
	2698	+	individual or aids an unauthorized individual in the practice of perfusion; 4
	2699	+
	2700	+	(16) [Knowingly] WILLFULLY delegates a perfusion duty to an unlicensed 5
	2701	+	individual; 6
	2702	+
	2703	+	(20) [Knowingly] WILLFULLY submits false statements to collect fees for 7
	2704	+	which services are not provided; 8
	2705	+
	2706	+	(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 9
	2707	+	violation of § 5–704 of the Family Law Article; 10
	2708	+
	2709	+	14–5E–18. 11
	2710	+
	2711	+	(c) (1) If the licensed perfusionist enters, or is considering entering, an alcohol 12
	2712	+	or drug treatment program that is accredited by [the] THE Joint Commission [on 13
	2713	+	Accreditation of Healthcare Organizations] or that is certified by the Department, the 14
	2714	+	licensed perfusionist shall notify the hospital, related institution, alternative health 15
	2715	+	system, or employer [of] WITHIN 15 DAYS AFTER the licensed perfusionist’s decision to 16
	2716	+	enter the treatment program. 17
	2717	+
	2718	+	(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 18
	2719	+	for failure to report under this section. 19
	2720	+
	2721	+	14–5E–22.1. 20
	2722	+
	2723	+	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 21
	2724	+	PHYSICIAN MAY NOT EM PLOY OR SUPERVISE AN INDIVIDUAL PRACTICIN G 22
	2725	+	PERFUSION WITHOUT A LICENSE. 23
	2726	+
	2727	+	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 24
	2728	+	RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 25
	2729	+	NOT EMPLOY AN INDIVI DUAL TO PRACTICE PER FUSION WITHOUT A LIC ENSE. 26
	2730	+
	2731	+	(C) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 27
	2732	+	FOR A VIOLATION OF T HIS SECTION. 28
	2733	+
	2734	+	(D) THE BOARD SHALL REMIT ANY PENA LTY COLLECTED UNDER THIS 29
	2735	+	SECTION INTO THE GENERAL FUND OF THE STATE. 30
	2736	+
	2737	+	14–5F–06. 31
	2738	+	HOUSE BILL 776 59
	2739	+
	2740	+
	2741	+	There is a Naturopathic Medicine Advisory Committee within the Board. 1
	2742	+
	2743	+	14–5F–07. 2
	2744	+
	2745	+	(a) (1) The Committee consists of five members appointed by the Board as 3
	2746	+	follows: 4
	2747	+
	2748	+	(i) Two shall be [individuals who practice naturopathic medicine 5
	2749	+	and who: 6
	2750	+
	2751	+	1. On or after October 1, 2014: 7
	2752	+
	2753	+	A. Are certified by the North American Board of 8
	2754	+	Naturopathic Examiners; and 9
	2755	+
	2756	+	B. Have a minimum of 2 years experience; and 10
	2757	+
	2758	+	2. On or after March 1, 2016, are] licensed naturopathic 11
	2759	+	doctors; 12
	2760	+
	2761	+	(ii) One shall be a [practicing] licensed physician; 13
	2762	+
	2763	+	(iii) One shall be a [practicing] licensed physician with experience 14
	2764	+	working with naturopathic doctors; and 15
	2765	+
	2766	+	(iv) One shall be a consumer member. 16
	2767	+
	2768	+	(2) The Board shall appoint the naturopathic doctor members from a list of 17
	2769	+	names submitted by the Maryland Association of Naturopathic Physicians. 18
	2770	+
	2771	+	(b) Each [naturopathic doctor member of the Committee shall be: 19
	2772	+
	2773	+	(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 20
	2774	+	BE IN good standing with the Board[; and 21
	2775	+
	2776	+	(2) A resident of the State who has been engaged actively in the practice or 22
	2777	+	instruction of naturopathic medicine for at least 5 years immediately before appointment]. 23
	2778	+
	2779	+	[(c) The physician members of the Committee shall be in good standing with the 24
	2780	+	Board.] 25
	2781	+
	2782	+	[(d)] (C) The consumer member of the Committee: 26
	2783	+
	2784	+	(1) [Shall] MUST be a [resident of the State and a] member of the general 27
	2785	+	public; 28
	2786	+	60 HOUSE BILL 776
	2787	+
	2788	+
	2789	+	(2) May not be or ever have been [licensed to practice a health occupation 1
	2790	+	under this article]: 2
	2791	+
	2792	+	(I) A LICENSED NATUROPATHI C DOCTOR; 3
	2793	+
	2794	+	(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 4
	2795	+
	2796	+	(III) IN TRAINING TO BE A N ATUROPATHIC DOCTOR O R OTHER 5
	2797	+	HEALTH PROFESSION AL; and 6
	2798	+
	2799	+	(3) May not [have a substantial personal, business, professional, or 7
	2800	+	pecuniary connection with naturopathic education, business, or practice.]: 8
	2801	+
	2802	+	(I) PARTICIPATE OR EVER H AVE PARTICIPATED IN A 9
	2803	+	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATURO PATHIC MEDICINE ; 10
	2804	+
	2805	+	(II) HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN A 11
	2806	+	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 12
	2807	+
	2808	+	(III) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 13
	2809	+	FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 14
	2810	+
	2811	+	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 15
	2812	+	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO 16
	2813	+	NATUROPATHIC DOCTORS OR TO THE FIELD OF N ATUROPATHIC MEDICINE . 17
	2814	+
	2815	+	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 18
	2816	+	STATE. 19
	2817	+
	2818	+	(e) (1) The term of a member is [4] 3 years. 20
	2819	+
	2820	+	(2) The terms of members are staggered as required by [the terms provided 21
	2821	+	for members of the Committee on October 1, 2014] REGULATION . 22
	2822	+
	2823	+	(3) At the end of a term, a member continues to serve until a successor is 23
	2824	+	appointed and qualifies. 24
	2825	+
	2826	+	(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 25
	2827	+	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 26
	2828	+	QUALIFIES. 27
	2829	+
	2830	+	[(4)] (5) A member may not serve more than two consecutive full terms. 28
	2831	+
	2832	+	(f) From among its members, the Committee shall elect a chair every 2 years. 29 HOUSE BILL 776 61
	2833	+
	2834	+
	2835	+
	2836	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 1
	2837	+
	2838	+	14–5F–08. 2
	2839	+
	2840	+	In addition to the powers set forth elsewhere in this subtitle, the Committee shall: 3
	2841	+
	2842	+	(1) Develop and recommend to the Board [regulations]: 4
	2843	+
	2844	+	(I) REGULATIONS to carry out this subtitle; AND 5
	2845	+
	2846	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 6
	2847	+
	2848	+	(2) [Develop and recommend to the Board procedures for the issuance of 7
	2849	+	licenses to applicants who qualify for licensure by reciprocity; 8
	2850	+
	2851	+	(3) Evaluate the content of any clinical, practical, or residency requirement 9
	2852	+	for licensure; 10
	2853	+
	2854	+	(4) Provide any service and perform any function that is necessary to fulfill 11
	2855	+	its purposes; 12
	2856	+
	2857	+	(5) Develop and recommend to the Board examination standards, 13
	2858	+	consistent with the standards enumerated in this subtitle, for licensure and times at which 14
	2859	+	the examinations will be given; 15
	2860	+
	2861	+	(6) Develop and recommend to the Board a code of ethics for licensed 16
	2862	+	naturopathic doctors; and 17
	2863	+
	2864	+	(7) Develop and recommend to the Board continuing education 18
	2865	+	requirements for license renewal] KEEP A RECORD OF ITS MEETINGS; AND 19
	2866	+
	2867	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL OF THE 20
	2868	+	BOARD: 21
	2869	+
	2870	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 22
	2871	+	OF NATUROPA THIC MEDICINE; AND 23
	2872	+
	2873	+	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 24
	2874	+	NATUROPATHIC DOCTORS . 25
	2875	+
	2876	+	14–5F–10. 26
	2877	+
	2878	+	(b) This section does not apply to: 27
	2879	+	62 HOUSE BILL 776
	2880	+
	2881	+
	2882	+	(1) [An individual] A NATUROPATHIC DOCTOR who is employed [by the 1
	2883	+	United States] IN THE SERVICE OF TH E FEDERAL government [to practice naturopathic 2
	2884	+	medicine] while practicing within the scope of [that] THE employment; 3
	2885	+
	2886	+	14–5F–12. 4
	2887	+
	2888	+	To apply for a license, an applicant shall: 5
	2889	+
	2890	+	(1) Complete a criminal history records check in accordance with § 6
	2891	+	14–308.1 of this title; 7
	2892	+
	2893	+	(2) Submit an application to the Board on a form that the Board requires; 8
	2894	+
	2895	+	(3) Pay to the Board an application fee set by the Board; AND 9
	2896	+
	2897	+	(4) If the applicant has been licensed, certified, or registered to practice 10
	2898	+	naturopathic medicine in another state, submit all evidence relating to: 11
	2899	+
	2900	+	(i) Any disciplinary action taken or any administrative penalties 12
	2901	+	assessed against the applicant by the appropriate state licensing, certification, or 13
	2902	+	registration authority; and 14
	2903	+
	2904	+	(ii) Any consent agreements the applicant entered into that contain 15
	2905	+	conditions placed on the applicant’s professional conduct and practice, including any 16
	2906	+	voluntary surrender of a license[; 17
	2907	+
	2908	+	(5) Complete and submit to the Board a Board –approved written 18
	2909	+	attestation that: 19
	2910	+
	2911	+	(i) States that the applicant has a collaboration and consultation 20
	2912	+	agreement with a physician licensed under this article; 21
	2913	+
	2914	+	(ii) Includes the name and license number of the physician with 22
	2915	+	whom the applicant has a collaboration and consultation agreement; 23
	2916	+
	2917	+	(iii) States that the applicant will refer patients to and consult with 24
	2918	+	physicians and other health care providers licensed or certified under this article as needed; 25
	2919	+	and 26
	2920	+
	2921	+	(iv) States that the applicant will require patients to sign a consent 27
	2922	+	form that states that the applicant’s practice of naturopathic medicine is limited to the 28
	2923	+	scope of practice identified in § 14–5F–14 of this subtitle; and 29
	2924	+
	2925	+	(6) Inform the physician named in the attestation that the physician has 30
	2926	+	been named]. 31
	2927	+	HOUSE BILL 776 63
	2928	+
	2929	+
	2930	+	14–5F–12.1. 1
	2931	+
	2932	+	(A) TO PRACTICE NATUROPAT HIC MEDICINE IN THE STATE, A 2
	2933	+	NATUROPATHIC DOCTOR SHALL MAINTAIN AT AL L TIMES A COLLABORAT ION AND 3
	2934	+	CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE. 4
	2935	+
	2936	+	(B) BEFORE AN INDIVIDUAL MAY PRACTICE NATUROP ATHIC MEDICINE IN 5
	2937	+	THE STATE, THE INDIVIDUAL SHALL : 6
	2938	+
	2939	+	(1) OBTAIN A LICENSE UNDE R THIS SUBTITLE; 7
	2940	+
	2941	+	(2) ENTER INTO A COLLABOR ATION AND CONSULTATI ON 8
	2942	+	AGREEMENT WITH A PHY SICIAN LICENSED IN T HE STATE; AND 9
	2943	+
	2944	+	(3) ATTEST TO THE COMPLET ION OF THE COLLABORA TION AND 10
	2945	+	CONSULTATION AGREEME NT ON A FORM PROVIDED B Y THE BOARD. 11
	2946	+
	2947	+	(C) A COLLABORATION AND CO NSULTATION AGREEMENT SHALL: 12
	2948	+
	2949	+	(1) STATE THAT THE APPLIC ANT HAS A COLLABORAT ION AND 13
	2950	+	CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE; 14
	2951	+
	2952	+	(2) INCLUDE THE NAME AND LICENSE NUMBER OF TH E PHYSICIAN 15
	2953	+	WITH WHOM THE APPLIC ANT HAS A COLLABORAT ION AND CONSULTATION 16
	2954	+	AGREEMENT ; 17
	2955	+
	2956	+	(3) STATE THAT THE APPLIC ANT WILL REFER PATIE NTS TO AND 18
	2957	+	CONSULT WITH PHYSICI ANS AND OTHER HEALTH CARE PROVIDERS LICEN SED OR 19
	2958	+	CERTIFIED UNDER THIS ARTICLE AS NEEDED ; AND 20
	2959	+
	2960	+	(4) STATES THAT THE APPLI CANT WILL REQUIRE PA TIENTS TO SIGN 21
	2961	+	A CONSENT FORM THAT STATES THAT THE APPL ICANT’S PRACTICE OF 22
	2962	+	NATUROPATHIC MEDICIN E IS LIMITED TO THE SCOPE OF PRACTICE ES TABLISHED IN 23
	2963	+	§ 14–5F–14 OF THIS SUBTITLE. 24
	2964	+
	2965	+	(D) A NATUROPATHIC DOCTOR SHALL INFORM THE PHYSICI AN NAMED IN 25
	2966	+	THE COLLABORATION AN D CONSULTATION AGREE MENT THAT THE PHYSIC IAN HAS 26
	2967	+	BEEN NAMED . 27
	2968	+
	2969	+	(E) SUBJECT TO THE NOTICE REQUIRED UNDER § 14–5F–12.2 OF THIS 28
	2970	+	SUBTITLE, A NATUROPATHIC DOCTO R AND A LICENSED PHY SICIAN MAY TERMINATE 29
	2971	+	A COLLABORATION AND CONSULTAT ION AGREEMENT AT ANY TIME. 30
	2972	+	64 HOUSE BILL 776
	2973	+
	2974	+
	2975	+	(F) IN THE EVENT OF THE S UDDEN DEPARTURE , INCAPACITY, OR DEATH OF 1
	2976	+	THE NAMED LICENSED P HYSICIAN OR CHANGE I N LICENSE STATUS THA T RESULTS 2
	2977	+	IN THE NAMED LICENSE D PHYSICIAN BEING UN ABLE TO PRACTICE MED ICINE, THE 3
	2978	+	NATUROPATHIC DOCTOR MAY NOT PRACTICE IN THE STATE UNTIL THE 4
	2979	+	NATUROPATHIC DOCTOR ENTERS INTO A NEW CO LLABORATION AND CONS ULTATION 5
	2980	+	AGREEMENT . 6
	2981	+
	2982	+	(G) A NATUROPATHIC DOCTOR WHOSE COLLABORATION AND 7
	2983	+	CONSULTATION AGREEME NT IS TERMINATED MAY NOT PRACTICE NATUROP ATHIC 8
	2984	+	MEDICINE IN THE STATE. 9
	2985	+
	2986	+	14–5F–12.2. 10
	2987	+
	2988	+	(A) A PHYSICIAN OR AN EMPL OYER SHALL NOTIFY TH E BOARD WITHIN 10 11
	2989	+	DAYS AFTER THE TERMI NATION OF A NATUROPA THIC DOCTOR FOR REAS ONS THAT 12
	2990	+	WOULD BE GROUNDS FOR DISCIPLINE UNDER THI S SUBTITLE. 13
	2991	+
	2992	+	(B) A PHYSICIAN NAMED IN A COLLABORATION AND CO NSULTATION 14
	2993	+	AGREEMENT WITH A NAT UROPATHIC DOCTOR AND A NATUROPATHIC DOCTO R 15
	2994	+	SHALL NOTIFY THE BOARD WITHIN 10 DAYS AFTER THE TERMI NATION OF A 16
	2995	+	COLLABORATION AND CO NSULTATION AGREEMENT . 17
	2996	+
	2997	+	14–5F–15.1. 18
	2998	+
	2999	+	(a) A licensee shall notify the Board in writing of a change in name or address 19
	3000	+	within [60] 10 days after the change. 20
	3001	+
	3002	+	14–5F–18. 21
	3003	+
	3004	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
	3005	+	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 23
	3006	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 24
	3007	+	suspend or revoke a license of any licensee if the applicant or licensee: 25
	3008	+
	3009	+	(2) [Has been found to be mentally] IS: 26
	3010	+
	3011	+	(I) PROFESSIONALLY incompetent [by a physician if the mental 27
	3012	+	incompetence impairs the ability of the applicant or licensee to undertake the practice of 28
	3013	+	naturopathic medicine in a manner consistent with the safety of the public]; 29
	3014	+
	3015	+	(II) PHYSICALLY INCOMPETEN T; OR 30
	3016	+
	3017	+	(III) MENTALLY INCOMPETEN T; 31
	3018	+	HOUSE BILL 776 65
	3019	+
	3020	+
	3021	+	(19) Is guilty of [unprofessional or immoral]: 1
	3022	+
	3023	+	(I) IMMORAL conduct in the practice of naturopathic medicine; OR 2
	3024	+
	3025	+	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 3
	3026	+	NATUROPATHIC MEDICIN E; 4
	3027	+
	3028	+	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 5
	3029	+	violation of § 5–704 of the Family Law Article; 6
	3030	+
	3031	+	14–5F–19. 7
	3032	+
	3033	+	(a) [This section applies to: 8
	3034	+
	3035	+	(1) A licensed naturopathic doctor; 9
	3036	+
	3037	+	(2) A licensed health care practitioner; 10
	3038	+
	3039	+	(3) A health care facility, as defined in § 19–114 of the Health – General 11
	3040	+	Article, located in the State; and 12
	3041	+
	3042	+	(4) A State agency. 13
	3043	+
	3044	+	(b) A person listed in subsection (a) of this section shall file a written report with 14
	3045	+	the Board if the person has information that gives the person reason to believe that a 15
	3046	+	licensed naturopathic doctor is or may be: 16
	3047	+
	3048	+	(1) Medically or legally incompetent; 17
	3049	+
	3050	+	(2) Engaged in the unauthorized practice of naturopathic medicine; 18
	3051	+
	3052	+	(3) Guilty of unprofessional conduct; or 19
	3053	+
	3054	+	(4) Mentally or physically unable to engage safely in the practice of 20
	3055	+	naturopathic medicine. 21
	3056	+
	3057	+	(c) A person required to file a report under subsection (b) of this section shall file 22
	3058	+	the report within 30 days after becoming aware of the information. 23
	3059	+
	3060	+	(d)] A [health care facility shall report promptly to the Board] HOSPITAL, A 24
	3061	+	RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, AND AN EMPLOYER 25
	3062	+	SHALL SUBMIT TO THE BOARD A REPORT if: 26
	3063	+
	3064	+	(1) A licensed naturopathic doctor voluntarily resigns from the staff of the 27
	3065	+	[health care facility] HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 28
	3066	+	SYSTEM, OR EMPLOYER , voluntarily limits the licensee’s staff privileges, or fails to 29 66 HOUSE BILL 776
	3067	+
	3068	+
	3069	+	reapply for [hospital] privileges at the [health care facility] HOSPITAL, RELATED 1
	3070	+	INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER ; and 2
	3071	+
	3072	+	(2) The action of the licensee occurs while the licensee is under formal or 3
	3073	+	informal investigation by the [health care facility] HOSPITAL, RELATED INSTITUTION , 4
	3074	+	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER for possible medical incompetence, 5
	3075	+	unprofessional conduct, or mental or physical impairment. 6
	3076	+
	3077	+	(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (E) OF THIS SECTION , 7
	3078	+	EACH HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, AND 8
	3079	+	EMPLOYER SHALL FILE WITH THE BOARD A REPORT THAT T HE HOSPITAL, RELATED 9
	3080	+	INSTITUTION, ALTERNATIVE HEALTH SYSTE M, OR EMPLOYER LIMITED , REDUCED, 10
	3081	+	OTHERWISE CHANGED , OR TERMINATED ANY LI CENSED NATUROPATHIC DOCTOR 11
	3082	+	FOR ANY REASON THAT MIGHT BE GROUNDS FOR DISCIPLINARY ACTION UNDER § 12
	3083	+	14–5F–18 OF THIS SUBTITLE. 13
	3084	+
	3085	+	(C) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 14
	3086	+	SYSTEM, OR AN EMPLOYER THAT HAS REASON TO KNOW T HAT A LICENSED 15
	3087	+	NATUROPATHIC DOCTOR HAS COMMITTED AN ACT ION OR HAS A CONDITI ON THAT 16
	3088	+	MIGHT BE GROUNDS FOR REPRIMAND OR PROBATI ON OF THE LICENSED 17
	3089	+	NATUROPATHIC DOCTOR OR SUSPENSION OR REV OCATION OF THE LICENSE 18
	3090	+	BECAUSE THE LICENSED NATUROPATHIC DOCTOR IS ALCOHOL–IMPAIRED OR 19
	3091	+	DRUG–IMPAIRED IS NOT REQU IRED TO REPORT THE N ATUROPATHIC DOCTOR T O 20
	3092	+	THE BOARD IF: 21
	3093	+
	3094	+	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 22
	3095	+	SYSTEM, OR EMPLOYER KNOWS TH AT THE LICENSED NATUR OPATHIC DOCTOR IS : 23
	3096	+
	3097	+	(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM TH AT IS 24
	3098	+	ACCREDITED BY THE JOINT COMMISSION OR IS CERT IFIED BY THE DEPARTMENT ; 25
	3099	+	OR 26
	3100	+
	3101	+	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 27
	3102	+	IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLIS M AND DRUG ABUSE ; 28
	3103	+
	3104	+	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 29
	3105	+	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE L ICENSED NATUROPATHIC 30
	3106	+	DOCTOR REMAINS IN TH E TREATMENT PROGRAM UNTIL DISCHARGE ; AND 31
	3107	+
	3108	+	(3) THE ACTION OR CONDIT ION OF THE LICENSED NATUROPATHIC 32
	3109	+	DOCTOR HAS NOT CAUSE D INJURY TO ANY PERS ON WHILE THE PRACTIT IONER IS 33
	3110	+	PRACTICING AS A LICE NSED NATUROPATHIC DO CTOR. 34
	3111	+	HOUSE BILL 776 67
	3112	+
	3113	+
	3114	+	(D) (1) IF THE LICENSED NATUR OPATHIC DOCTOR ENTER S OR IS 1
	3115	+	CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THAT IS 2
	3116	+	ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 3
	3117	+	DEPARTMENT , THE LICENSED NATUROP ATHIC DOCTOR SHALL N OTIFY THE 4
	3118	+	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 5
	3119	+	WITHIN 15 DAYS AFTER THE LICEN SED NATUROPATH IC DOCTOR’S DECISION TO 6
	3120	+	ENTER THE TREATMENT PROGRAM. 7
	3121	+
	3122	+	(2) IF THE LICENSED NATUR OPATHIC DOCTOR FAILS TO PROVIDE 8
	3123	+	THE NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND THE 9
	3124	+	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 10
	3125	+	LEARNS THAT THE LICENSED NA TUROPATHIC DOCTOR HA S ENTERED A TREATMEN T 11
	3126	+	PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 12
	3127	+	OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED NATUROPATHIC 13
	3128	+	DOCTOR HAS ENTERED A TREATMENT PROGRAM AN D HAS FAILED TO PROVIDE THE 14
	3129	+	REQUIRED NOTICE . 15
	3130	+
	3131	+	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 16
	3132	+	NATUROPATHIC DOCTOR IS NONCOMPLIANT WITH THE TREATMENT PROGRA M’S 17
	3133	+	POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 18
	3134	+	PROGRAM SHALL NOTIFY THE HOSPIT AL, RELATED INSTITUTION , ALTERNATIVE 19
	3135	+	HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED NATUROPATHIC DOCTOR’S 20
	3136	+	NONCOMPLIANCE . 21
	3137	+
	3138	+	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 22
	3139	+	THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 23
	3140	+	SYSTEM, OR EMPLOYER OF THE L ICENSED NATUROPATHIC DOCTOR SHALL REPORT 24
	3141	+	THE LICENSED NATUROP ATHIC DOCTOR ’S NONCOMPLIANCE TO T HE BOARD. 25
	3142	+
	3143	+	(E) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 26
	3144	+	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 27
	3145	+	REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRU G ABUSE 28
	3146	+	PATIENT RECORDS . 29
	3147	+
	3148	+	(F) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 30
	3149	+	SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REPORT TO THE BOARD UNDER 31
	3150	+	THIS SECTION SHALL S UBMIT THE REPORT WITHIN 10 DAYS AFTER THE ACTIO N 32
	3151	+	REQUIRING THE REPORT . 33
	3152	+
	3153	+	(G) A REPORT MADE UNDER TH IS SECTION IS NOT SU BJECT TO SUBPOENA 34
	3154	+	OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A PROCEEDING ARI SING OUT OF 35
	3155	+	A HEARING AND DECISI ON OF THE BOARD OR A DISCIPLINA RY PANEL UNDER THIS 36
	3156	+	TITLE. 37 68 HOUSE BILL 776
	3157	+
	3158	+
	3159	+
	3160	+	(H) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 1
	3161	+	$5,000 FOR FAILURE TO REPOR T UNDER THIS SECTION . 2
	3162	+
	3163	+	(2) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 3
	3164	+	SUBSECTION INTO THE GENERAL FUND OF THE STATE. 4
	3165	+
	3166	+	[14–5F–20. 5
	3167	+
	3168	+	(a) The Board shall investigate any complaint filed with the Board that alleges 6
	3169	+	that there are grounds for action under § 14–5F–18 of this subtitle. 7
	3170	+
	3171	+	(b) After the Board’s investigation, the Board or a disciplinary panel, on the 8
	3172	+	affirmative vote of a majority of its members then serving, may commence action on any of 9
	3173	+	the grounds set forth in § 14–5F–18 of this subtitle. 10
	3174	+
	3175	+	(c) (1) Except as provided in paragraph (2) of this subsection, until the Board 11
	3176	+	or a disciplinary panel passes an order under § 14–5F–22 of this subtitle, each related 12
	3177	+	investigation, report, and recommendation is confidential. 13
	3178	+
	3179	+	(2) On the request of a person who has made a complaint to the Board, the 14
	3180	+	Board shall provide the person with information on the status of the complaint.] 15
	3181	+
	3182	+	14–5F–20. 16
	3183	+
	3184	+	(A) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL DENIAL OF 17
	3185	+	A LICENSE APPLICATIO N, THE BOARD SHALL DISCLOSE THE FILING TO THE PU BLIC 18
	3186	+	ON THE BOARD’S WEBSITE. 19
	3187	+
	3188	+	(B) THE BOARD SHALL CREATE AN D MAINTAIN A PUBLIC INDIVIDUAL 20
	3189	+	PROFILE ON EACH LICE NSEE THAT INCLUDES T HE FOLLOWING INFORMA TION: 21
	3190	+
	3191	+	(1) A SUMMARY OF CHARGES F ILED AGAINST THE LIC ENSEE, 22
	3192	+	INCLUDING A COPY OF THE CHARGING DOCUMEN T, UNTIL A DISCIPLINARY PANEL 23
	3193	+	HAS TAKEN ACTION UND ER § 14–5F–18 OF THIS SUBTITLE BAS ED ON THE CHARGES 24
	3194	+	OR HAS RESCINDED THE CHARGE S; 25
	3195	+
	3196	+	(2) A DESCRIPTION OF ANY D ISCIPLINARY ACTION T AKEN BY THE 26
	3197	+	BOARD OR A DISCIPLINA RY PANEL AGAINST THE LICENSEE WITHIN THE MOST 27
	3198	+	RECENT 10–YEAR PERIOD THAT INC LUDES A COPY OF THE PUBLIC ORDER ; 28
	3199	+
	3200	+	(3) A DESCRIPTION IN SUMMA RY FORM OF ANY FINAL DISCIPLINARY 29
	3201	+	ACTION TAKEN BY A LI CENSING BOARD IN ANY OTHER STATE OR JURIS DICTION 30 HOUSE BILL 776 69
	3202	+
	3203	+
	3204	+	AGAINST THE LICENSEE WITHIN THE MOST RECE NT 10–YEAR PERIOD IF THE BOARD 1
	3205	+	KNOWS ABOUT THE DISC IPLINARY ACTION ; 2
	3206	+
	3207	+	(4) A DESCRIPTION O F A CONVICTION OR EN TRY OF A PLEA OF 3
	3208	+	GUILTY OR NOLO CONTE NDERE BY THE LICENSE E FOR A CRIME INVOLV ING MORAL 4
	3209	+	TURPITUDE THAT IS TH E BASIS FOR DISCIPLI NARY ACTION TAKEN UN DER § 5
	3210	+	14–5F–18(C) OF THIS SUBTITLE ; AND 6
	3211	+
	3212	+	(5) THE PUBLIC ADDRESS OF THE LICENSEE. 7
	3213	+
	3214	+	(C) IN ADDITION TO THE IN FORMATION REQUIRED U NDER SUBSECTION (B) 8
	3215	+	OF THIS SECTION , THE BOARD SHALL INCLUDE O N EACH LICENSEE ’S PROFILE A 9
	3216	+	STATEMENT OF INFORMA TION TO BE TAKEN INT O CONSIDERATION BY A CONSUMER 10
	3217	+	WHEN VIEWING A LICEN SEE’S PROFILE, INCLUDING A DISCLAI MER STATING THAT A 11
	3218	+	CHARGING DOCUMENT DO ES NOT INDICATE A FI NAL FINDING OF GUILT BY A 12
	3219	+	DISCIPLINARY PANEL . 13
	3220	+
	3221	+	(D) THE BOARD: 14
	3222	+
	3223	+	(1) ON RECEIPT OF A WRITT EN REQUEST FOR A LIC ENSEE’S PROFILE 15
	3224	+	FROM ANY PERSON , SHALL FORWARD A WRIT TEN COPY OF THE PROF ILE TO THE 16
	3225	+	PERSON; AND 17
	3226	+
	3227	+	(2) SHALL MAINTAIN A WEBS ITE THAT SERVES AS A SINGLE POINT OF 18
	3228	+	ENTRY WHERE ALL LICE NSEE PROFILE INFORMA TION IS AVAILABLE TO THE PUBLIC 19
	3229	+	ON THE INTERNET. 20
	3230	+
	3231	+	(E) THE BOARD SHALL PROVIDE A MECHANISM FOR THE NO TIFICATION 21
	3232	+	AND PROMPT CORRECTIO N OF ANY FACTUAL INACCURACIES IN A LICENSEE ’S 22
	3233	+	PROFILE. 23
	3234	+
	3235	+	(F) THE BOARD SHALL INCLUDE I NFORMATION RELATING TO CHARGES 24
	3236	+	FILED AGAINST A LICE NSEE BY A DISCIPLINA RY PANEL AND ANY FIN AL 25
	3237	+	DISCIPLINARY ACTION TAKEN BY A DISCIPLIN ARY PANEL AGAINST A LICENSEE IN 26
	3238	+	THE LICENSEE’S PROFILE WITHIN 10 DAYS AFTER THE CHARG ES ARE FILED OR THE 27
	3239	+	ACTION BECOMES FINAL . 28
	3240	+
	3241	+	14–5F–21. 29
	3242	+
	3243	+	[(f) If, after a hearing, an individual is found in violation of § 14–5F–18 of this 30
	3244	+	subtitle, the individual shall pay the costs of the hearing as specified in a regulation 31
	3245	+	adopted by the Board.] 32
	3246	+
	3247	+	14–5F–25. 33 70 HOUSE BILL 776
	3248	+
	3249	+
	3250	+
	3251	+	(A) A disciplinary panel may issue a cease and desist order for: 1
	3252	+
	3253	+	(1) Practicing naturopathic medicine without a license or with an 2
	3254	+	unauthorized person; or 3
	3255	+
	3256	+	(2) Supervising or aiding an unauthorized person in the practice of 4
	3257	+	naturopathic medicine. 5
	3258	+
	3259	+	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 6
	3260	+	PHYSICIAN MAY NOT EM PLOY AN INDIVIDUAL P RACTICING NATUROPATH IC 7
	3261	+	MEDICINE WITHOUT A L ICENSE OR WITHOUT A COLLABORATION AND 8
	3262	+	CONSULTATION AGREEME NT. 9
	3263	+
	3264	+	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 10
	3265	+	RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 11
	3266	+	NOT EMPLOY AN INDIVI DUAL PRACTICING NATU ROPATHIC MEDICINE WI THOUT A 12
	3267	+	LICENSE OR WITHOUT A COLLABORATION AND CO NSULTATION AGREEMENT . 13
	3268	+
	3269	+	(D) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 14
	3270	+	FOR A VIOLATION OF T HIS SECTION. 15
	3271	+
	3272	+	(E) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 16
	3273	+	SECTION INTO THE GENERAL FUND OF THE STATE. 17
	3274	+
	3275	+	14–5G–05. 18
	3276	+
	3277	+	There is a Genetic Counseling Advisory Committee within the Board. 19
	3278	+
	3279	+	14–5G–06. 20
	3280	+
	3281	+	(a) The Committee consists of members appointed by the Board as follows: 21
	3282	+
	3283	+	(1) Three shall be [individuals who practice genetic counseling and who: 22
	3284	+
	3285	+	(i) On or before December 31, 2023, are certified genetic counselors; 23
	3286	+	and 24
	3287	+
	3288	+	(ii) On or after January 1, 2024, are] licensed genetic counselors; 25
	3289	+
	3290	+	(2) Three shall be [practicing] licensed physicians; and 26
	3291	+
	3292	+	(3) One shall be a consumer member. 27
	3293	+
	3294	+	(b) Each [genetic counselor member of the Committee must be: 28 HOUSE BILL 776 71
	3295	+
	3296	+
	3297	+
	3298	+	(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 1
	3299	+	BE IN good standing with the Board[; and 2
	3300	+
	3301	+	(2) A resident of the State who has at least 1 year of active genetic 3
	3302	+	counseling experience within the 5–year period immediately preceding the date of the 4
	3303	+	appointment]. 5
	3304	+
	3305	+	(c) The licensed physician members of the Committee must[: 6
	3306	+
	3307	+	(1) Be in good standing with the Board; and 7
	3308	+
	3309	+	(2) Have] HAVE experience working with genetic counselors. 8
	3310	+
	3311	+	(d) The consumer member of the Committee: 9
	3312	+
	3313	+	(1) Must be a member of the general public; 10
	3314	+
	3315	+	(2) May not be or ever have been: 11
	3316	+
	3317	+	(i) A genetic counselor; 12
	3318	+
	3319	+	(ii) Any OTHER health care professional; or 13
	3320	+
	3321	+	(iii) In training to be a genetic counselor or other health professional; 14
	3322	+	and 15
	3323	+
	3324	+	(3) May not: 16
	3325	+
	3326	+	(i) Participate or ever have participated in a commercial or 17
	3327	+	professional field related to genetic counseling; 18
	3328	+
	3329	+	(ii) Have a household member who participates in a commercial or 19
	3330	+	professional field related to genetic counseling; [or] 20
	3331	+
	3332	+	(iii) Have had within 2 years before appointment a financial interest 21
	3333	+	in a person regulated by the Board; OR 22
	3334	+
	3335	+	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 23
	3336	+	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO GENETIC 24
	3337	+	COUNSELORS OR TO THE FIELD OF GENETIC COU NSELING. 25
	3338	+
	3339	+	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 26
	3340	+	STATE. 27
	3341	+
	3342	+	[(e)] (F) (1) The term of a member is 3 years. 28 72 HOUSE BILL 776
	3343	+
2413	3344
2414	3345
2415	3346		(2) The terms of members are staggered as required by [the terms provided 1
2416		-	for members of the Committee on ~~October~~ 1, ~~2006~~] ~~REGULATION~~ . 2
	3347	+	for members of the Committee on January 1, 2022] REGULATIO N. 2
2417	3348
2418	3349		(3) At the end of a term, a member continues to serve until a successor is 3
2419	3350		appointed and qualifies. 4
2420	3351
2421		-	(4) A member who is appointed after a term has begun serves only for the 5
2422		-	rest of the term and until a successor is appointed and qualifies. 6
2423		-
2424		-	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 7
2425		-	TERMS. 8
2426		-
2427		-	[(d)] (F) (1) From among its members, the Committee shall elect a chair once 9
2428		-	every 2 years. 10
2429		-
2430		-	(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 11
2431		-	the Board as a representative of the Committee. 12
2432		-
2433		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS. 13
2434		-
2435		-	14–5C–07. 14
2436		-
2437		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 15
2438		-	shall: 16
2439		-
2440		-	(1) SHALL: 17
2441		-
2442		-	(1) (I) Develop and recommend to the Board [regulations]: 18
2443		-
2444		-	(I) 1. REGULATIONS to carry out [the provisions of] this 19
2445		-	subtitle; AND 20
2446		-
2447		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 21
2448		-	PROFESSION; AND 22
2449		-
2450		-	(2) (II) [Develop and recommend to the Board a code of ethics for the 23
2451		-	practice of polysomnography for adoption by the Board; 24
2452		-
2453		-	(3) Develop and recommend to the Board standards of care for the practice 25
2454		-	of polysomnography; 26
2455		-
2456		-	(4) Develop and recommend to the Board the requirements for licensure as 27
2457		-	a polysomnographic technologist, including: 28
2458		-
2459		-	(i) Criteria for the educational and clinical training of licensed 29
2460		-	polysomnographic technologists; and 30 HOUSE BILL 776 53
2461		-
2462		-
2463		-
2464		-	(ii) Criteria for a professional competency examination and testing 1
2465		-	of applicants for a license to practice polysomnography; 2
2466		-
2467		-	(5) Develop and recommend to the Board criteria for licensed 3
2468		-	polysomnographic technologists who are licensed in other states to practice in this State; 4
2469		-
2470		-	(6) Evaluate the accreditation status of education programs in 5
2471		-	polysomnography for approval by the Board; 6
2472		-
2473		-	(7) Evaluate the credentials of applicants and recommend licensure of 7
2474		-	applicants who fulfill the requirements for a license to practice polysomnography; 8
2475		-
2476		-	(8) Develop and recommend to the Board continuing education 9
2477		-	requirements for license renewal; 10
2478		-
2479		-	(9) Provide the Board with recommendations concerning the practice of 11
2480		-	polysomnography; 12
2481		-
2482		-	(10) Develop and recommend to the Board criteria for the direction of 13
2483		-	students in clinical education programs by licensed polysomnographic technologists and 14
2484		-	licensed physicians; 15
2485		-
2486		-	(11)] Keep a record of its [proceedings] MEETINGS; and 16
2487		-
2488		-	[(12) Submit an annual report to the Board.] 17
2489		-
2490		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 18
2491		-
2492		-	(2) MAY: 19
2493		-
2494		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 20
2495		-	OF POLYSOMNOGRAPHY ; AND 21
2496		-
2497		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 22
2498		-	POLYSOMNOGRAPHIC TECHNOLOGIST PRACTIT IONERS. 23
2499		-
2500		-	[(b) The Board shall: 24
2501		-
2502		-	(1) Consider all recommendations of the Committee; and 25
2503		-
2504		-	(2) Provide to the Committee an annual report on the disciplinary matters 26
2505		-	involving licensees.] 27
2506		-
2507		-	14–5C–08. 28
2508		-	54 HOUSE BILL 776
2509		-
2510		-
2511		-	(b) This section does not apply to [a]: 1
2512		-
2513		-	(1) A student enrolled in an education program under § 14–5C–09(c)(3) of 2
2514		-	this subtitle while practicing polysomnography in that program[.]; 3
2515		-
2516		-	[(c)] (2) [This section does not apply to a] A respiratory care practitioner who 4
2517		-	was licensed by the Board to practice respiratory care on or before December 31, 2012, and 5
2518		-	whose duties include practicing polysomnography; OR 6
2519		-
2520		-	(3) A POLYSOMNOGRAPHIC TEC HNOLOGIST EMPLOYED I N THE 7
2521		-	SERVICE OF THE FEDER AL GOVERNMENT WHILE PRACTICING W ITHIN THE SCOPE OF 8
2522		-	THE EMPLOYMENT . 9
2523		-
2524		-	[14–5C–10. 10
2525		-
2526		-	(a) The Board shall waive the education requirement under § 14–5C–09(c)(3) of 11
2527		-	this subtitle if on or before September 30, 2013, an individual: 12
2528		-
2529		-	(1) Has passed the national certifying examination by the Board of 13
2530		-	Registered Polysomnographic Technologists or another examination approved by the 14
2531		-	Board; 15
2532		-
2533		-	(2) Is certified by the Board of Registered Polysomnographic Technologists 16
2534		-	as a registered polysomnographic technologist; 17
2535		-
2536		-	(3) Has submitted an application for licensure to the Board; and 18
2537		-
2538		-	(4) Meets all of the requirements under § 14–5C–09(b) and (c)(1) and (2) of 19
2539		-	this subtitle. 20
2540		-
2541		-	(b) (1) If an individual has not satisfied the requirements under subsection (a) 21
2542		-	of this section on or before September 30, 2013, the individual may petition the Board for 22
2543		-	an extension. 23
2544		-
2545		-	(2) The Board shall determine whether to grant an extension under this 24
2546		-	subsection on a case–by–case basis.] 25
2547		-
2548		-	14–5C–14.1. 26
2549		-
2550		-	(a) A licensee shall notify the Board in writing of a change in name or address 27
2551		-	within [60] 10 30 days after the change. 28
2552		-
2553		-	14–5C–17. 29
2554		-
2555		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 30
2556		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 31 HOUSE BILL 776 55
2557		-
2558		-
2559		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 1
2560		-	suspend or revoke a license, if the applicant or licensee: 2
2561		-
2562		-	(3) Is guilty of [unprofessional or immoral]: 3
2563		-
2564		-	(I) IMMORAL conduct in the practice of polysomnography; OR 4
2565		-
2566		-	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 5
2567		-	POLYSOMNOGRAPHY ; 6
2568		-
2569		-	(4) Is [professionally, physically, or mentally]: 7
2570		-
2571		-	(I) PROFESSIONALLY INCOMP ETENT; 8
2572		-
2573		-	(II) PHYSICALLY INCOMPETEN T; OR 9
2574		-
2575		-	(III) MENTALLY incompetent; 10
2576		-
2577		-	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 11
2578		-	polysomnography; 12
2579		-
2580		-	(15) [Knowingly] WILLFULLY practices polysomnography with an 13
2581		-	unauthorized individual or aids an unauthorized individual in the practice of 14
2582		-	polysomnography; 15
2583		-
2584		-	(16) [Knowingly] WILLFULLY delegates a polysomnographic duty to an 16
2585		-	unlicensed individual; 17
2586		-
2587		-	(20) [Knowingly] WILLFULLY submits false statements to collect fees for 18
2588		-	which services are not provided; 19
2589		-
2590		-	(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 20
2591		-	violation of § 5–704 of the Family Law Article; 21
2592		-
2593		-	14–5C–18. 22
2594		-
2595		-	(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 23
2596		-	related institutions, alternative health systems as defined in § 1–401 of this article, and 24
2597		-	employers] EACH EMPLOYER OF A LICENSED POLYSO MNOGRAPHIC TECHNOLOG IST 25
2598		-	shall [file with] SUBMIT TO the Board a report [that the hospital, related institution, 26
2599		-	alternative health system, or employer limited, reduced, otherwise changed, or terminated 27
2600		-	any licensed polysomnographic technologist for any reason] IF: 28
2601		-
2602		-	(I) THE EMPLOYER : 29
2603		-	56 HOUSE BILL 776
2604		-
2605		-
2606		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 1
2607		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED POLYSOMNOGR APHIC 2
2608		-	TECHNOLOGIST ’S CLINICAL PRIVILEGE S, EMPLOYMENT, OR OTHER ABILITY TO 3
2609		-	PRACTICE OR TREAT PA TIENTS; 4
2610		-
2611		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 5
2612		-	LICENSED POLYSOMNOGR APHIC TECHNOLOGIST ’S EMPLOYMENT OR STAF F 6
2613		-	MEMBERSHIP ; OR 7
2614		-
2615		-	3. ASKED THE LICENSED PO LYSOMNOGRAPHIC 8
2616		-	TECHNOLOGIST TO VOLU NTARILY RE SIGN BECAUSE OF THE LICENSED 9
2617		-	POLYSOMNOGRAPHIC TEC HNOLOGIST’S CONDUCT OR WHILE T HE LICENSED 10
2618		-	POLYSOMNOGRAPHIC TEC HNOLOGIST IS BEING I NVESTIGATED ; AND 11
2619		-
2620		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 12
2621		-	PARAGRAPH WAS TAKEN : 13
2622		-
2623		-	1. FOR REASONS that might be grounds for disciplinary 14
2624		-	action under § 14–5C–17 of this subtitle; 15
2625		-
2626		-	2. BECAUSE THE LICENSED POLYSOMNOGRAPHIC 16
2627		-	TECHNOLOGIST MAY HAV E ENGAGED IN AN ACT THAT MAY CONSTITUTE 17
2628		-	UNPROFESSIONAL CONDU CT; 18
2629		-
2630		-	3. BECAUSE THE LICENSED POLYSOMNOGRAPHI C 19
2631		-	TECHNOLOGIST MAY BE UNABLE TO PRACTICE P OLYSOMNOGRAPHY WITH 20
2632		-	REASONABLE SKILL AND SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION 21
2633		-	OR PROFESSIONAL INCO MPETENCE; OR 22
2634		-
2635		-	4. BECAUSE THE LICENSED POLYSOMNOGRAPHIC 23
2636		-	TECHNOLOGIST MAY HAV E HARMED OR PLACED O NE OR MORE PATIENTS OR THE 24
2637		-	PUBLIC AT UNREASONAB LE RISK OF HARM BY E NGAGING IN AN ACT TH AT CREATES 25
2638		-	AN IMMEDIATE OR CONT INUING DANGER . 26
2639		-
2640		-	(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 27
2641		-	SUBSECTION SHALL INC LUDE: 28
2642		-
2643		-	(I) THE ACTION TAKEN BY T HE EMPLOYER ; 29
2644		-
2645		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 30
2646		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 31
2647		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 32
2648		-	HOUSE BILL 776 57
2649		-
2650		-
2651		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 1
2652		-	CONDUCT OF THE LICEN SED POLYSOMNOGRAPHIC TECHNOL OGIST. 2
2653		-
2654		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 3
2655		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 4
2656		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 5
2657		-
2658		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 6
2659		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 7
2660		-	PROVIDE THE ADDITION AL INFORMATION . 8
2661		-
2662		-	(b) [A hospital, related institution, alternative health system, or] IF AN employer 9
2663		-	[that has reason to know] KNOWS that THE CONDUCT OF a licensed polysomnographic 10
2664		-	technologist [has committed an action or has a condition that might be grounds for 11
2665		-	reprimand or probation of the licensed polysomnographic technologist or suspension or 12
2666		-	revocation of the license] REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER 13
2667		-	SUBSECTION (A)(1) OF THIS SECTION because the licensed polysomnographic 14
2668		-	technologist is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R 15
2669		-	SUBSTANCE, THE EMPLOYER is not required to report the technologist to the Board if: 16
2670		-
2671		-	(1) The [hospital, related institution, alternative health system, or] 17
2672		-	employer knows that the licensed polysomnographic technologist is: 18
2673		-
2674		-	(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 19
2675		-	program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 20
2676		-	Organizations] or is certified by the Department; or 21
2677		-
2678		-	(ii) Under the care of a health care practitioner who is competent 22
2679		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 23
2680		-	and 24
2681		-
2682		-	(2) (i) The [hospital, related institution, alternative health system, or] 25
2683		-	employer is able to verify that the licensed polysomnographic technologist remains in the 26
2684		-	treatment program until SUCCESSFUL discharge; and 27
2685		-
2686		-	(ii) The action or condition of the licensed polysomnographic 28
2687		-	technologist has not caused injury to any person while the LICENSED 29
2688		-	POLYSOMNOGRAPHIC technologist is practicing as a licensed polysomnographic 30
2689		-	technologist. 31
2690		-
2691		-	(c) (1) If the licensed polysomnographic technologist enters, or is considering 32
2692		-	entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 33
2693		-	Commission [on Accreditation of Healthcare Organizations] or that is certified by the 34
2694		-	Department, the licensed polysomnographic technologist shall notify the hospital, related 35 58 HOUSE BILL 776
2695		-
2696		-
2697		-	institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 1
2698		-	licensed polysomnographic technologist’s decision to enter the treatment program. 2
2699		-
2700		-	[(2) If the licensed polysomnographic technologist fails to provide the notice 3
2701		-	required under paragraph (1) of this subsection, and the hospital, related institution, 4
2702		-	alternative health system, or employer learns that the licensed polysomnographic 5
2703		-	technologist has entered a treatment program, the hospital, related institution, alternative 6
2704		-	health system, or employer shall report to the Board that the licensed polysomnographic 7
2705		-	technologist has entered a treatment program and has failed to provide the required notice. 8
2706		-
2707		-	(3) If the licensed polysomnographic technologist is found to be 9
2708		-	noncompliant with the treatment program’s policies and procedures while in the treatment 10
2709		-	program, the treatment program shall notify the hospital, related institution, alternative 11
2710		-	health system, or employer of the licensed polysomnographic technologist’s noncompliance. 12
2711		-
2712		-	(4) On receipt of the notification required under paragraph (3) of this 13
2713		-	subsection, the hospital, related institution, alternative health system, or] IF THE 14
2714		-	EMPLOYER KNOWS THAT THE LICENSED POLYSOM NOGRAPHIC TECHNOLOGI ST IS 15
2715		-	NONCOMPLIANT WITH TH E SUBSTANCE USE DI SORDER TREATMENT PRO GRAM, THE 16
2716		-	employer of the licensed polysomnographic technologist shall report the licensed 17
2717		-	polysomnographic technologist’s noncompliance to the Board. 18
2718		-
2719		-	(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 19
2720		-	FOR GOOD CAUSE SHOWN . 20
2721		-
2722		-	(2) A person is not required under this section to make any report that 21
2723		-	would be in violation of any federal or State law, rule, or regulation concerning the 22
2724		-	confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 23
2725		-
2726		-	(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 24
2727		-
2728		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 25
2729		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 26
2730		-	REQUIRED BY THIS SEC TION. 27
2731		-
2732		-	[(e)] (G) [The hospital, related institution, alternative health system, or] AN 28
2733		-	employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 29
2734		-	submit the report within 10 days [of any] AFTER THE action [described in this section] 30
2735		-	REQUIRING THE REPORT . 31
2736		-
2737		-	[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 32
2738		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 33
2739		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 34
2740		-	of the Board or a disciplinary panel under this title. 35
2741		-	HOUSE BILL 776 59
2742		-
2743		-
2744		-	(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 1
2745		-	for failure KNOWINGLY FAILING to report under this section. 2
2746		-
2747		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 3
2748		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMPLOYER IN BAD F AITH. 4
2749		-
2750		-	(3) The Board shall remit any penalty collected under this subsection into 5
2751		-	the General Fund of the State. 6
2752		-
2753		-	14–5C–22.1. 7
2754		-
2755		-	(b) Except as otherwise provided in this subtitle, [a hospital, a related institution, 8
2756		-	an alternative health system, or] an employer may not employ an individual practicing 9
2757		-	polysomnography without a license. 10
2758		-
2759		-	14–5C–23. 11
2760		-
2761		-	(a) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 12
2762		-	14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is guilty of a misdemeanor and 13
2763		-	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 14
2764		-	or both. 15
2765		-
2766		-	(b) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 16
2767		-	14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is subject to a civil fine of not 17
2768		-	more than $5,000 to be levied by a disciplinary panel. 18
2769		-
2770		-	(c) The Board shall pay any penalty collected under this section into the Board of 19
2771		-	Physicians Fund. 20
2772		-
2773		-	14–5D–04. 21
2774		-
2775		-	There is an Athletic Trainer Advisory Committee within the Board. 22
2776		-
2777		-	14–5D–05. 23
2778		-
2779		-	(a) The Committee consists of [nine] SEVEN members appointed by the Board as 24
2780		-	follows: 25
2781		-
2782		-	(1) Three licensed athletic trainers [who: 26
2783		-
2784		-	(i) Are certified by a national certifying board; and 27
2785		-
2786		-	(ii) Have a minimum of 5 years of clinical experience]; 28
2787		-
2788		-	(2) Three licensed physicians: 29
2789		-	60 HOUSE BILL 776
2790		-
2791		-
2792		-	(i) At least one of whom is a specialist in orthopedic or sports 1
2793		-	medicine; and 2
2794		-
2795		-	(ii) Two of whom previously or currently have partnered with or 3
2796		-	directed an athletic trainer; AND 4
2797		-
2798		-	[(3) One member who is: 5
2799		-
2800		-	(i) A licensed chiropractor who has sports medicine experience; 6
2801		-
2802		-	(ii) A licensed physical therapist; or 7
2803		-
2804		-	(iii) A licensed occupational therapist; and 8
2805		-
2806		-	(4)] (3) [Two] ONE consumer [members] MEMBER. 9
2807		-
2808		-	[(b) (1) The athletic trainer members may be appointed by the Board from a 10
2809		-	list of qualified individuals submitted to the Board by the Maryland Athletic Trainers 11
2810		-	Association, Inc. 12
2811		-
2812		-	(2) The Board may request an additional list of nominees for each vacancy.] 13
2813		-
2814		-	(B) THE BOARD SHALL APPOINT A T LEAST ONE OF THE A THLETIC TRAINER 14
2815		-	MEMBERS FROM A LIST OF NAMES SUBMITTED B Y THE MARYLAND ATHLETIC 15
2816		-	TRAINERS ASSOCIATION, INC. 16
2817		-
2818		-	(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 17
2819		-	IN GOOD STANDING WIT H THE BOARD. 18
2820		-
2821		-	[(c)] (D) The consumer member of the Committee: 19
2822		-
2823		-	(1) [Shall] MUST be a member of the general public; 20
2824		-
2825		-	(2) May not be or ever have been: 21
2826		-
2827		-	(i) An athletic trainer; 22
2828		-
2829		-	(ii) [A] ANY OTHER health care professional; or 23
2830		-
2831		-	(iii) In training to be an athletic trainer or other health professional; 24
2832		-	and 25
2833		-
2834		-	(3) May not: 26
2835		-
2836		-	(i) Participate or ever have participated in a commercial or 27
2837		-	professional field related to athletic training; 28 HOUSE BILL 776 61
2838		-
2839		-
2840		-
2841		-	(ii) Have [had within 2 years before appointment a financial interest 1
2842		-	in a person regulated by the Board] A HOUSEHOLD MEMBER W HO PARTICIPATES IN A 2
2843		-	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO ATHLETIC TRAINING ; [or] 3
2844		-
2845		-	(iii) Have had within 2 years before appointment a financial interest 4
2846		-	in the provision of goods or services to athletic trainers or to the field of athletic training; 5
2847		-	OR 6
2848		-
2849		-	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 7
2850		-	FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD. 8
2851		-
2852		-	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 9
2853		-	STATE. 10
2854		-
2855		-	[(d)] (F) (1) The term of a member is 3 years. 11
2856		-
2857		-	(2) The terms of members are staggered as required by [the terms provided 12
2858		-	for members of the Committee on October 1, 2009] REGULATION . 13
2859		-
2860		-	(3) At the end of a term, a member continues to serve until a successor is 14
2861		-	appointed AND QUALIFIES . 15
2862		-
2863		-	(4) A member who is appointed after a term has begun serves only for the 16
2864		-	rest of the term and until a successor is appointed AND QUALIFIES . 17
2865		-
2866		-	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 18
2867		-	TERMS. 19
2868		-
2869		-	[(e)] (G) (1) From among its members, the Committee shall elect a chair 20
2870		-	every 2 years. 21
2871		-
2872		-	(2) The chair shall serve in an advisory capacity to the Board as a 22
2873		-	representative of the Committee. 23
2874		-
2875		-	(H) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
2876		-
2877		-	14–5D–06. 25
2878		-
2879		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 26
2880		-	shall: 27
2881		-
2882		-	(1) SHALL: 28
2883		-
2884		-	(1) (I) Develop and recommend to the Board [regulations]: 29 62 HOUSE BILL 776
2885		-
2886		-
2887		-
2888		-	(I) 1. REGULATIONS to carry out this subtitle; AND 1
2889		-
2890		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 2
2891		-	PROFESSION; AND 3
2892		-
2893		-	(2) (II) [Develop and recommend to the Board continuing education 4
2894		-	requirements for license renewal; 5
2895		-
2896		-	(3) Provide the Board with recommendations concerning the practice of 6
2897		-	athletic training; 7
2898		-
2899		-	(4) Develop and recommend to the Board an evaluation and treatment 8
2900		-	protocol for use by an athletic trainer and the physician with whom the athletic trainer 9
2901		-	practices; 10
2902		-
2903		-	(5) Recommend to the Board approval, modification, or disapproval of 11
2904		-	individual evaluation and treatment protocols; 12
2905		-
2906		-	(6)] Keep a record of its [proceedings] MEETINGS; and 13
2907		-
2908		-	[(7) Submit an annual report to the Board.] 14
2909		-
2910		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 15
2911		-
2912		-	(2) MAY: 16
2913		-
2914		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 17
2915		-	OF ATHLETIC TRAINING ; AND 18
2916		-
2917		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 19
2918		-	ATHLETIC TRAINERS . 20
2919		-
2920		-	[(b) The Board shall: 21
2921		-
2922		-	(1) Consider all recommendations of the Committee; and 22
2923		-
2924		-	(2) Provide to the Committee an annual report on the disciplinary matters 23
2925		-	involving licensees.] 24
2926		-
2927		-	14–5D–07. 25
2928		-
2929		-	(b) This section does not apply to: 26
2930		-	HOUSE BILL 776 63
2931		-
2932		-
2933		-	(1) An [individual] ATHLETIC TRAINER employed [by] IN THE SERVICE 1
2934		-	OF the federal government [as an athletic trainer] while [the individual is] practicing 2
2935		-	within the scope of [that] THE employment; 3
2936		-
2937		-	14–5D–10. 4
2938		-
2939		-	(a) An athletic trainer license authorizes the licensee to practice athletic training 5
2940		-	services IN THE STATE while the license is effective. 6
2941		-
2942		-	14–5D–11.1. 7
2943		-
2944		-	(b) Except as otherwise provided in this subtitle, [a hospital, an institution, an 8
2945		-	alternative health system, or any other] AN employer may not employ an individual 9
2946		-	practicing athletic training without a license or without an approved evaluation and 10
2947		-	treatment protocol. 11
2948		-
2949		-	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 on a 12
2950		-	person who employs or supervises an individual without a license or without an approved 13
2951		-	evaluation and treatment protocol. 14
2952		-
2953		-	14–5D–11.5. 15
2954		-
2955		-	(A) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS 16
2956		-	SECTION, EACH HOSPITA L, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 17
2957		-	AND EACH EMPLOYER OF A LICENSED ATHLET IC TRAINER SHALL FILE WITH SUBMIT 18
2958		-	TO THE BOARD A REPORT THAT THE HOSPITAL, RELATED INSTITUTION, 19
2959		-	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, OTHERWISE 20
2960		-	CHANGED, OR TERMINATED ANY LI CENSED ATHLETIC TRAI NER FOR ANY REASON IF: 21
2961		-
2962		-	(I) THE EMPLOYER : 22
2963		-
2964		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 23
2965		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED ATHLETIC TR AINER’S 24
2966		-	CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER A BILITY TO PRACTICE O R TREAT 25
2967		-	PATIENTS; 26
2968		-
2969		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 27
2970		-	LICENSED ATHLETIC TR AINER’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 28
2971		-
2972		-	3. ASKED THE LICENSED AT HLETIC TRAINER TO 29
2973		-	VOLUNTARILY RESIGN B ECAUSE OF THE LICENS ED ATHLETIC TRAIN ER’S CONDUCT 30
2974		-	OR WHILE THE LICENSE D ATHLETIC TRAINER I S BEING INVESTIGATED ; AND 31
2975		-
2976		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 32
2977		-	PARAGRAPH WAS TAKEN : 33 64 HOUSE BILL 776
2978		-
2979		-
2980		-
2981		-	1. FOR REASONS THAT MIGHT BE GROUND S FOR 1
2982		-	DISCIPLINARY ACTION UNDER § 14–5D–14 OF THIS SUBTITLE; 2
2983		-
2984		-	2. BECAUSE THE LICENSED ATHLETIC TRAINER MAY 3
2985		-	HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 4
2986		-
2987		-	3. BECAUSE THE LICENSED ATHLETIC TRAINER MAY BE 5
2988		-	UNABLE TO PRACTICE A THLETIC TRAINING WIT H REASONABLE SKILL A ND SAFETY 6
2989		-	BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 7
2990		-	INCOMPETENCE ; OR 8
2991		-
2992		-	4. BECAUSE THE LICENSED ATHLETIC TRAINER MAY 9
2993		-	HAVE HARMED OR PLACE D ONE OR MORE PATIEN TS OR THE PUBLIC AT 10
2994		-	UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 11
2995		-	IMMEDIATE OR CONTINU ING DANGER. 12
2996		-
2997		-	(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 13
2998		-	SUBSECTION SHALL INC LUDE: 14
2999		-
3000		-	(I) THE ACTION TAKEN BY T HE EMPLOYER ; 15
3001		-
3002		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 16
3003		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 17
3004		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 18
3005		-
3006		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 19
3007		-	CONDUCT OF THE LICEN SEE. 20
3008		-
3009		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 21
3010		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 22
3011		-	OF THIS SUBSECTION THAT WAS TAKEN BY THE EMP LOYER. 23
3012		-
3013		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 24
3014		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 25
3015		-	PROVIDE THE ADDITION AL INFORMATION . 26
3016		-
3017		-	(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATI VE HEALTH 27
3018		-	SYSTEM, OR IF AN EMPLOYER THAT HAS REASON TO K NOW THAT KNOWS THAT THE 28
3019		-	CONDUCT OF A LICENSED ATHLETIC TRAINER HAS COMMITTED AN ACT ION OR HAS 29
3020		-	A CONDITION THAT MIG HT BE GROUNDS FOR REPRIMAN D OR PROBATION OF TH E 30
3021		-	LICENSED ATHLETIC TR AINER OR SUSPENSION OR REVOCA TION OF THE LICENSE 31
3022		-	REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER SUBSECTION (A)(1) OF 32
3023		-	THIS SECTION BECAUSE THE LICENSED ATHLETIC TRAINER IS ALCOHOL–IMPAIRED 33 HOUSE BILL 776 65
3024		-
3025		-
3026		-	OR DRUG–IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER SUBSTANCE , THE 1
3027		-	EMPLOYER IS NOT REQUIRED TO REPO RT THE LICENSED ATHLETIC TRAINER TO THE 2
3028		-	BOARD IF: 3
3029		-
3030		-	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 4
3031		-	SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED ATHLETI C TRAINER IS: 5
3032		-
3033		-	(I) IN AN ALCOHOL OR DRUG A SUBSTANCE USE DISORD ER 6
3034		-	TREATMENT PROGRAM THAT IS ACCREDITED BY THE JOINT COMMISSION OR IS 7
3035		-	CERTIFIED BY THE DEPARTMENT ; OR 8
3036		-
3037		-	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 9
3038		-	IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE 10
3039		-	SUBSTANCE USE DISORD ERS; 11
3040		-
3041		-	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 12
3042		-	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED ATHLETIC TRAINE R 13
3043		-	REMAINS IN THE TREAT MENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; AND 14
3044		-
3045		-	(3) THE ACTION OR CONDITI ON OF THE LICENSED A THLETIC 15
3046		-	TRAINER HAS N OT CAUSED INJURY TO ANY PERSON WHILE THE PRACTITIONER 16
3047		-	LICENSED ATHLETIC TR AINER IS PRACTICING AS A L ICENSED ATHLETIC TRA INER. 17
3048		-
3049		-	(C) (1) IF THE LICENSED ATHLE TIC TRAINER ENTERS O R IS 18
3050		-	CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 19
3051		-	ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 20
3052		-	DEPARTMENT , THE LICENSED ATHLETI C TRAINER SHALL NOTI FY THE HOSPITAL , 21
3053		-	RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 22
3054		-	DAYS AFTER THE LICEN SED ATHLETIC TRAINER ’S DECISION TO ENTER THE 23
3055		-	TREATMENT PROGRAM . 24
3056		-
3057		-	(2) IF THE LICENSED ATHLE TIC TRAINER FAILS TO PROVIDE THE 25
3058		-	NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION , AND THE 26
3059		-	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 27
3060		-	LEARNS THAT THE LICE NSED ATHLETIC TRAI NER HAS ENTERED A TR EATMENT 28
3061		-	PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 29
3062		-	OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED ATHLETIC 30
3063		-	TRAINER HAS ENTERED A TREATMENT PROGRAM AND HAS FAILED TO PR OVIDE THE 31
3064		-	REQUIRED NOTICE . 32
3065		-
3066		-	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 33
3067		-	ATHLETIC TRAINER IS NONCOMPLIANT WITH TH E TREATMENT PROGRAM ’S 34
3068		-	POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 35
3069		-	PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 36 66 HOUSE BILL 776
3070		-
3071		-
3072		-	HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED ATHLETIC TRA INER’S 1
3073		-	NONCOMPLIANCE . 2
3074		-
3075		-	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 3
3076		-	THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 4
3077		-	SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICEN SED ATHLETIC TRAINER IS 5
3078		-	NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 6
3079		-	EMPLOYER OF THE LICE NSED ATHLETIC TRAINE R SHALL REPORT THE L ICENSED 7
3080		-	ATHLETIC TRAINER ’S NONCOMPLIANCE TO T HE BOARD. 8
3081		-
3082		-	(D) (1) THE BOARD MAY EXTEND THE REPORTING UNDE R THIS SECTION 9
3083		-	FOR GOOD CAUSE SHOWN . 10
3084		-
3085		-	(D) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 11
3086		-	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 12
3087		-	REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 13
3088		-	SUBSTANCE USE DISORDER PATIENT RECORDS . 14
3089		-
3090		-	(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 15
3091		-
3092		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 16
3093		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 17
3094		-	REQUIRED BY THIS SEC TION. 18
3095		-
3096		-	(E) (G) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 19
3097		-	SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 20
3098		-	THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 21
3099		-	REQUIRING THE REPORT . 22
3100		-
3101		-	(F) (H) A REPORT MADE UNDER TH IS SECTION IS PRIVILEGED, NOT 23
3102		-	SUBJECT TO INSPECTIO N UNDER THE PUBLIC INFORMATION ACT, AND NOT 24
3103		-	SUBJECT TO SUBPOENA OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A 25
3104		-	PROCEEDING ARISING O UT OF A HEARING AND DECISION OF THE BOARD OR A 26
3105		-	DISCIPLINARY PANEL U NDER THIS TITLE. 27
3106		-
3107		-	(G) (I) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF 28
3108		-	UP TO $5,000 FOR FAILURE KNOWINGLY FAILING TO REPORT UNDER THIS SECTION. 29
3109		-
3110		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 30
3111		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 31
3112		-
3113		-	(3) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 32
3114		-	SUBSECTION INTO THE GENERAL FUND OF THE STATE. 33
3115		-	HOUSE BILL 776 67
3116		-
3117		-
3118		-	14–5D–12.1. 1
3119		-
3120		-	(a) A licensee shall notify the Board in writing of a change in name or address 2
3121		-	within [60] 10 30 days after the change. 3
3122		-
3123		-	14–5D–14. 4
3124		-
3125		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 5
3126		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 6
3127		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 7
3128		-	suspend or revoke a license, if the applicant or licensee: 8
3129		-
3130		-	(3) Is guilty of [unprofessional or immoral]: 9
3131		-
3132		-	(I) IMMORAL conduct in the practice of athletic training; OR 10
3133		-
3134		-	(II) UNPROFESSIONAL CONDUC T IN TH E PRACTICE OF 11
3135		-	ATHLETIC TRAINING ; 12
3136		-
3137		-	(4) Is [professionally, physically, or mentally]: 13
3138		-
3139		-	(I) PROFESSIONALLY INCOMP ETENT; 14
3140		-
3141		-	(II) PHYSICALLY INCOMPETEN T; OR 15
3142		-
3143		-	(III) MENTALLY incompetent; 16
3144		-
3145		-	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 17
3146		-	athletic training; 18
3147		-
3148		-	(15) [Knowingly] WILLFULLY practices athletic training with an 19
3149		-	unauthorized individual or aids an unauthorized individual in the practice of athletic 20
3150		-	trainer services; 21
3151		-
3152		-	(19) [Knowingly] WILLFULLY submits false statements to collect fees for 22
3153		-	which services have not been provided; 23
3154		-
3155		-	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 24
3156		-	violation of § 5–704 of the Family Law Article; 25
3157		-
3158		-	14–5E–05. 26
3159		-
3160		-	There is a Perfusion Advisory Committee within the Board. 27
3161		-
3162		-	14–5E–06. 28
3163		-	68 HOUSE BILL 776
3164		-
3165		-
3166		-	(a) The Committee consists of seven members, appointed by the Board as follows: 1
3167		-
3168		-	(1) [(i) On or before September 30, 2013, three individuals who practice 2
3169		-	perfusion and who: 3
3170		-
3171		-	1. Are certified by a national certifying board; and 4
3172		-
3173		-	2. Have a minimum of 2 years experience; and 5
3174		-
3175		-	(ii) On or after October 1, 2013, three ] THREE licensed 6
3176		-	perfusionists; 7
3177		-
3178		-	(2) Three LICENSED physicians, at least one of whom performs cardiac or 8
3179		-	cardio–thoracic surgery or is a cardiac anesthesiologist; and 9
3180		-
3181		-	(3) One consumer member. 10
3182		-
3183		-	(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 11
3184		-	IN GOOD STANDING WIT H THE BOARD. 12
3185		-
3186		-	[(b)] (C) The consumer member of the Committee: 13
3187		-
3188		-	(1) [Shall] MUST be a member of the general public; 14
3189		-
3190		-	(2) May not [practice or ever have practiced perfusion or any health care 15
3191		-	profession; 16
3192		-
3193		-	(3) May not be or ever have been in training to practice perfusion or any 17
3194		-	other health care profession; 18
3195		-
3196		-	(4) May not have a household member who is a health care professional or 19
3197		-	is in training to be a health care professional] BE OR EVER HAVE BEEN : 20
3198		-
3199		-	(I) A PERFUSIONIST ; 21
3200		-
3201		-	(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 22
3202		-
3203		-	(III) IN TRAINING TO BE A P ERFUSIONIST OR OTHER HEALTH 23
3204		-	PROFESSIONAL ; and 24
3205		-
3206		-	[(5)] (3) May not: 25
3207		-
3208		-	(i) Participate or ever have participated in a commercial or 26
3209		-	professional field related to perfusion; 27
3210		-	HOUSE BILL 776 69
3211		-
3212		-
3213		-	(ii) Have a household member who participates in a commercial or 1
3214		-	professional field related to perfusion; 2
3215		-
3216		-	(iii) Have had within 2 years before appointment a financial interest 3
3217		-	in a person regulated by the Board; or 4
3218		-
3219		-	(iv) Have had within 2 years before appointment a financial interest 5
3220		-	in the provision of goods or services to perfusionists or to the field of perfusion. 6
3221		-
3222		-	(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 7
3223		-	STATE. 8
3224		-
3225		-	[(c)] (E) (1) The term of a member is 3 years. 9
3226		-
3227		-	(2) The terms of members are staggered as required by [the terms provided 10
3228		-	for members of the Committee on October 1, 2012] REGULATION . 11
3229		-
3230		-	(3) At the end of a term, a member continues to serve until a successor is 12
3231		-	appointed and qualifies. 13
3232		-
3233		-	(4) A member who is appointed after a term has begun serves only for the 14
3234		-	rest of the term and until a successor is appointed and qualifies. 15
3235		-
3236		-	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 16
3237		-	TERMS. 17
3238		-
3239		-	[(d)] (F) (1) From among its members, the Committee shall elect a chair 18
3240		-	every 2 years. 19
3241		-
3242		-	(2) The chair shall serve in an advisory capacity to the Board as a 20
3243		-	representative of the Committee. 21
3244		-
3245		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 22
3246		-
3247		-	14–5E–07. 23
3248		-
3249		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 24
3250		-	shall: 25
3251		-
3252		-	(1) SHALL: 26
3253		-
3254		-	(1) (I) Develop and recommend to the Board: 27
3255		-
3256		-	(i) 1. Regulations to carry out [the provisions of] this subtitle; 28
3257		-	AND 29
3258		-	70 HOUSE BILL 776
3259		-
3260		-
3261		-	(ii) 2. [A code of ethics for the practice of perfusion for adoption 1
3262		-	by the Board; 2
3263		-
3264		-	(iii) Recommendations concerning the practice of perfusion, including 3
3265		-	standards of care for the practice of perfusion; and 4
3266		-
3267		-	(iv) Continuing education requirements for license renewal] ANY 5
3268		-	STATUTORY CHANGES TH AT AFFECT THE PROFES SION; AND 6
3269		-
3270		-	(2) (II) Keep a record of its [proceedings] MEETINGS; and 7
3271		-
3272		-	(3) [Submit an annual report to the Board] ON REQUEST OF THE BOARD 8
3273		-	OR A DISCIPLINARY PA NEL OF THE BOARD: 9
3274		-
3275		-	(2) MAY: 10
3276		-
3277		-	(I) PROVIDE RECOMMENDATIONS REGA RDING THE PRACTICE 11
3278		-	OF PERFUSION ; AND 12
3279		-
3280		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 13
3281		-	PERFUSIONISTS . 14
3282		-
3283		-	[(b) The Board shall: 15
3284		-
3285		-	(1) Consider all recommendations of the Committee; and 16
3286		-
3287		-	(2) Provide to the Committee an annual report on the disciplinary matters 17
3288		-	involving licensees.] 18
3289		-
3290		-	14–5E–08. 19
3291		-
3292		-	(b) This section does not apply to [a]: 20
3293		-
3294		-	(1) A student enrolled in an education program under § 14–5E–09(c)(2) of 21
3295		-	this subtitle while practicing perfusion in that program; OR 22
3296		-
3297		-	(2) A PERFUSIONIST EMPLOYED IN THE SERVICE OF TH E FEDERAL 23
3298		-	GOVERNMENT WHILE PRA CTICING WITHIN THE S COPE OF THE EMPLOYME NT. 24
3299		-
3300		-	14–5E–14. 25
3301		-
3302		-	(a) (1) A [licensed perfusionist] LICENSEE shall notify the Board in writing of 26
3303		-	a change in name or address within [60] 10 30 days after the change. 27
3304		-
3305		-	14–5E–16. 28 HOUSE BILL 776 71
3306		-
3307		-
3308		-
3309		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
3310		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 2
3311		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 3
3312		-	suspend or revoke a license, if the applicant or licensee: 4
3313		-
3314		-	(3) Is guilty of [unprofessional or immoral]: 5
3315		-
3316		-	(I) IMMORAL conduct in the practice of perfusion; OR 6
3317		-
3318		-	(II) UNPROFESSIONAL CONDUC T IN THE PRACTI CE OF 7
3319		-	PERFUSION; 8
3320		-
3321		-	(4) Is [professionally, physically, or mentally]: 9
3322		-
3323		-	(I) PROFESSIONALLY INCOMP ETENT; 10
3324		-
3325		-	(II) PHYSICALLY INCOMPETEN T; OR 11
3326		-
3327		-	(III) MENTALLY incompetent; 12
3328		-
3329		-	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 13
3330		-	perfusion; 14
3331		-
3332		-	(15) [Knowingly] WILLFULLY practices perfusion with an unauthorized 15
3333		-	individual or aids an unauthorized individual in the practice of perfusion; 16
3334		-
3335		-	(16) [Knowingly] WILLFULLY delegates a perfusion duty to an unlicensed 17
3336		-	individual; 18
3337		-
3338		-	(20) [Knowingly] WILLFULLY submits false statements to collect fees for 19
3339		-	which services are not provided; 20
3340		-
3341		-	(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 21
3342		-	violation of § 5–704 of the Family Law Article; 22
3343		-
3344		-	14–5E–18. 23
3345		-
3346		-	(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 24
3347		-	related institutions, alternative health systems as defined in § 1–401 of this article, and 25
3348		-	employers] EACH EMPLOYER OF A L ICENSED PERFUSIONIST shall [file with] SUBMIT 26
3349		-	TO the Board a report [that the hospital, related institution, alternative health system, or 27
3350		-	employer limited, reduced, otherwise changed, or terminated any licensed perfusionist for 28
3351		-	any reason] IF: 29
3352		-	72 HOUSE BILL 776
3353		-
3354		-
3355		-	(I) THE EMPLOYER : 1
3356		-
3357		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 2
3358		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED PERFUSIONIS T’S 3
3359		-	CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 4
3360		-	PATIENTS; 5
3361		-
3362		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 6
3363		-	LICENSEE’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 7
3364		-
3365		-	3. ASKED THE LICENSEE TO VOLUNTARILY RESIGN 8
3366		-	BECAUSE OF THE LICEN SED PERFUSIONIST ’S CONDUCT OR WHILE T HE LICENSEE IS 9
3367		-	BEING INVESTIGATED ; AND 10
3368		-
3369		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 11
3370		-	PARAGRAPH WAS TAKEN : 12
3371		-
3372		-	1. FOR REASONS that might be grounds for disciplinary 13
3373		-	action under § 14–5E–16 of this subtitle; 14
3374		-
3375		-	2. BECAUSE THE LICENSED PERFUSIONIST MAY HAV E 15
3376		-	ENGAGED IN AN ACT TH AT MAY CONSTITUTE UN PROFESSIONAL CONDUCT ; 16
3377		-
3378		-	3. BECAUSE THE LICENSED PERFUSIONIST MAY BE 17
3379		-	UNABLE TO PRACTICE P ERFUSION W ITH REASONABLE SKILL AND SAFETY BECAUSE 18
3380		-	OF A PHYSICAL OR MEN TAL CONDITION OR PRO FESSIONAL INCOMPETEN CE; OR 19
3381		-
3382		-	4. BECAUSE THE LICENSED PERFUSIONIST MAY HAV E 20
3383		-	HARMED OR PLACED ONE OR MORE PATIENTS OR THE PUBLIC AT UNREAS ONABLE 21
3384		-	RISK OF HARM BY ENGA GING IN AN ACT THAT CREATES AN IMMEDIATE OR 22
3385		-	CONTINUING DANGER . 23
3386		-
3387		-	(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 24
3388		-	SUBSECTION SHALL INC LUDE: 25
3389		-
3390		-	(I) THE ACTION TAKEN BY T HE EMPLOYER ; 26
3391		-
3392		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 27
3393		-	ACTION, INCLUDING REFERENCES TO SPECIF IC PATIENT MEDICAL R ECORDS, IF 28
3394		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 29
3395		-
3396		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 30
3397		-	CONDUCT OF THE LICEN SED PERFUSIONIST . 31
	3352	+	(4) A member may not serve more than two consecutive full terms. 5
	3353	+
	3354	+	(5) A member who is appointed after a term has begun serves only for the 6
	3355	+	rest of the term and until a successor is appointed and qualifies. 7
	3356	+
	3357	+	[(f)] (G) From among its members, the Committee shall elect a chair every 2 8
	3358	+	years. 9
	3359	+
	3360	+	[(g)] (H) A quorum of the Committee consists of five members. 10
	3361	+
	3362	+	14–5G–07. 11
	3363	+
	3364	+	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 12
	3365	+	shall: 13
	3366	+
	3367	+	(1) Develop and recommend to the Board [regulations]: 14
	3368	+
	3369	+	(I) REGULATIONS to carry out this subtitle; AND 15
	3370	+
	3371	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 16
	3372	+
	3373	+	(2) [Develop and recommend to the Board a code of ethics for the practice 17
	3374	+	of genetic counseling; 18
	3375	+
	3376	+	(3) Develop and recommend to the Board continuing education 19
	3377	+	requirements for license renewal; 20
	3378	+
	3379	+	(4) Develop and recommend to the Board criteria for individuals who are 21
	3380	+	licensed to practice genetic counseling in another state or territory of the United States to 22
	3381	+	become licensed in this State; 23
	3382	+
	3383	+	(5) Evaluate the credentials of applicants as necessary and recommend 24
	3384	+	licensure of applicants who fulfill the requirements for a license to practice genetic 25
	3385	+	counseling; 26
	3386	+
	3387	+	(6) On request, develop and recommend to the Board standards of care for 27
	3388	+	the practice of genetic counseling; 28
3398	3389		HOUSE BILL 776 73
3399	3390
3400	3391
3401		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
3402		-	ADDITIONAL INFORMATION REGARD ING AN ACTION DESCRI BED IN PARAGRAPH (1) 2
3403		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
3404		-
3405		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
3406		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
3407		-	PROVIDE THE ADDITION AL INFORMATION . 6
3408		-
3409		-	(b) [A hospital, related institution, alternative health system, or] IF AN employer 7
3410		-	[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed perfusionist 8
3411		-	[has committed an act or has a condition that might be grounds for reprimand or probation 9
3412		-	of the licensed perfusionist or suspension or revocation of the license] REQUIRES THAT 10
3413		-	THE EMPLOYER SUBMIT A REPORT UNDER SUBSE CTION (A)(1) OF THIS SECTION 11
3414		-	because the licensed perfusionist is [alcohol–impaired or drug–impaired] IMPAIRED BY 12
3415		-	ALCOHOL OR ANOTHER SU BSTANCE, THE EMPLOYER is not required to report the 13
3416		-	licensed perfusionist to the Board if: 14
3417		-
3418		-	(1) The [hospital, related institution, alternative health system, or] 15
3419		-	employer knows that the licensed perfusionist is: 16
3420		-
3421		-	(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 17
3422		-	program that is accredited by [the] THE Joint Commission [or its successor], or is certified 18
3423		-	by the Department; or 19
3424		-
3425		-	(ii) Under the care of a health care practitioner who is competent 20
3426		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 21
3427		-	and 22
3428		-
3429		-	(2) (i) The [hospital, related institution, alternative health system, or] 23
3430		-	employer is able to verify that the licensed perfusionist remains in the treatment program 24
3431		-	until SUCCESSFUL discharge; and 25
3432		-
3433		-	(ii) The action or condition of the licensed perfusionist has not 26
3434		-	caused injury to any person while the perfusionist is practicing as a licensed perfusionist. 27
3435		-
3436		-	(c) (1) If the licensed perfusionist enters, or is considering entering, an alcohol 28
3437		-	or drug treatment program that is accredited by [the] THE Joint Commission [on 29
3438		-	Accreditation of Healthcare Organizations] or that is certified by the Department, the 30
3439		-	licensed perfusionist shall notify the hospital, related institution, alternative health 31
3440		-	system, or employer [of] WITHIN 15 DAYS AFTER the licensed perfusionist’s decision to 32
3441		-	enter the treatment program. 33
3442		-
3443		-	[(2) If the licensed perfusionist fails to provide the notice required under 34
3444		-	paragraph (1) of this subsection, and the hospital, related institution, alternative health 35
3445		-	system, or employer learns that the licensed perfusionist has entered a treatment program, 36 74 HOUSE BILL 776
3446		-
3447		-
3448		-	the hospital, related institution, alternative health system, or employer shall report to the 1
3449		-	Board that the licensed perfusionist has entered a treatment program and has failed to 2
3450		-	provide the required notice. 3
3451		-
3452		-	(3) If the licensed perfusionist is found to be noncompliant with the 4
3453		-	treatment program’s policies and procedures while in the treatment program, the 5
3454		-	treatment program shall notify the hospital, related institution, alternative health system, 6
3455		-	or employer of the licensed perfusionist’s noncompliance. 7
3456		-
3457		-	(4) On receipt of the notification required under paragraph (3) of this 8
3458		-	subsection, the hospital, related institution, alternative health system, or] IF THE 9
3459		-	EMPLOYER KNOWS THAT THE LICENSED PERFUSI ONIST IS NONCOMPLIAN T WITH 10
3460		-	THE SUBSTANCE USE DI SORDER PROGRAM , THE employer of the licensed perfusionist 11
3461		-	shall report the licensed perfusionist’s noncompliance to the Board. 12
3462		-
3463		-	(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 13
3464		-	FOR GOOD CAUSE SHOWN . 14
3465		-
3466		-	(2) A person is not required under this section to make any report that 15
3467		-	would be in violation of any federal or State law, rule, or regulation concerning the 16
3468		-	confidentiality of [alcohol– and drug abuse–related] SUBSTANCE USE DISORD ER patient 17
3469		-	records. 18
3470		-
3471		-	(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 19
3472		-
3473		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 20
3474		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 21
3475		-	REQUIRED BY THIS SEC TION. 22
3476		-
3477		-	[(e)] (G) [The hospital, related institution, alternative health system, or] AN 23
3478		-	employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 24
3479		-	submit the report within 10 days [of any] AFTER THE action [described in this section] 25
3480		-	REQUIRING THE REPORT . 26
3481		-
3482		-	[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 27
3483		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 28
3484		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 29
3485		-	of the Board or a disciplinary panel under this title. 30
3486		-
3487		-	(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 31
3488		-	for failure KNOWINGLY FAILING to report under this section. 32
3489		-
3490		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 33
3491		-	$5,000 PER INCIDENT FOR A REPORT M ADE BY AN EMPLOYER I N BAD FAITH. 34
3492		-	HOUSE BILL 776 75
3493		-
3494		-
3495		-	(3) The Board shall remit any penalty collected under this subsection into 1
3496		-	the General Fund of the State. 2
3497		-
3498		-	14–5E–22.1. 3
3499		-
3500		-	(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 4
3501		-	PHYSICIAN MAY NO T EMPLOY OR SUPERVIS E AN INDIVIDUAL PRAC TICING 5
3502		-	PERFUSION WITHOUT A LICENSE. 6
3503		-
3504		-	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 7
3505		-	RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 8
3506		-	NOT EMPLOY AN INDIVI DUAL TO PRACTICE PER FUSION WITHOUT A LICENS E. 9
3507		-
3508		-	(C) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 10
3509		-	FOR A VIOLATION OF T HIS SECTION. 11
3510		-
3511		-	(D) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 12
3512		-	SECTION INTO THE GENERAL FUND OF THE STATE. 13
3513		-
3514		-	14–5F–06. 14
3515		-
3516		-	There is a Naturopathic Medicine Advisory Committee within the Board. 15
3517		-
3518		-	14–5F–07. 16
3519		-
3520		-	(a) (1) The Committee consists of five members appointed by the Board as 17
3521		-	follows: 18
3522		-
3523		-	(i) Two shall be [individuals who practice naturopathic medicine 19
3524		-	and who: 20
3525		-
3526		-	1. On or after October 1, 2014: 21
3527		-
3528		-	A. Are certified by the North American Board of 22
3529		-	Naturopathic Examiners; and 23
3530		-
3531		-	B. Have a minimum of 2 years experience; and 24
3532		-
3533		-	2. On or after March 1, 2016, are] licensed naturopathic 25
3534		-	doctors; 26
3535		-
3536		-	(ii) One shall be a [practicing] licensed physician; 27
3537		-
3538		-	(iii) One shall be a [practicing] licensed physician with experience 28
3539		-	working with naturopathic doctors; and 29
	3392	+	(7) Provide the Board with recommendations concerning the practice of 1
	3393	+	genetic counseling; 2
	3394	+
	3395	+	(8)] Keep a record of its [proceedings] MEETINGS; and 3
	3396	+
	3397	+	[(9) Submit an annual report to the Board.] 4
	3398	+
	3399	+	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 5
	3400	+
	3401	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 6
	3402	+	OF GENETIC COUNSELIN G; AND 7
	3403	+
	3404	+	(II) ADVISE THE BOARD ON ANY OTHER MATTERS RELATE D TO 8
	3405	+	GENETIC COUNSELORS . 9
	3406	+
	3407	+	[(b) The Board shall: 10
	3408	+
	3409	+	(1) Consider all recommendations of the Committee; and 11
	3410	+
	3411	+	(2) Provide to the Committee an annual report on the disciplinary matters 12
	3412	+	involving licensees.] 13
	3413	+
	3414	+	14–5G–08. 14
	3415	+
	3416	+	(b) This section does not apply to: 15
	3417	+
	3418	+	(1) [An individual] A GENETIC COUNSELOR who is employed [by the 16
	3419	+	United States] IN THE SERVICE OF TH E FEDERAL government [to practice genetic 17
	3420	+	counseling] while practicing within the scope of [that] THE employment; 18
	3421	+
	3422	+	14–5G–09. 19
	3423	+
	3424	+	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 20
	3425	+	individual who meets the requirements of this section. 21
	3426	+
	3427	+	(b) The applicant must be of good moral character. 22
	3428	+
	3429	+	(c) The applicant must be at least 18 years old. 23
	3430	+
	3431	+	(d) The applicant must be a graduate of an appropriate education program 24
	3432	+	approved by the Board. 25
	3433	+
	3434	+	(e) [Except as provided in subsection (f) of this section, the] THE applicant shall 26
	3435	+	submit to the Board satisfactory evidence of certification by a national certifying 27
	3436	+	organization approved by the Board. 28
	3437	+	74 HOUSE BILL 776
	3438	+
	3439	+
	3440	+	(f) [If an applicant does not meet the requirement under subsection (e) of this 1
	3441	+	section, the applicant may qualify for licensure if the applicant: 2
	3442	+
	3443	+	(1) Has worked as a genetic counselor for: 3
	3444	+
	3445	+	(i) At least 10 years before January 1, 2024; and 4
	3446	+
	3447	+	(ii) At least 5 consecutive years immediately preceding the date on 5
	3448	+	which the applicant submits the application for licensure; 6
	3449	+
	3450	+	(2) Has graduated from an education program approved by the Board; 7
	3451	+
	3452	+	(3) Submits to the Board three letters of recommendation from licensed 8
	3453	+	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 9
	3454	+	for licensure and who: 10
	3455	+
	3456	+	(i) Have worked with the applicant in an employment or 11
	3457	+	professional setting for 3 years before the applicant submits the application for licensure; 12
	3458	+	and 13
	3459	+
	3460	+	(ii) Can attest to the applicant’s competency in providing genetic 14
	3461	+	counseling services; and 15
	3462	+
	3463	+	(4) Applies for initial licensure on or before December 31, 2024. 16
	3464	+
	3465	+	(g)] The applicant shall complete a criminal history records check in accordance 17
	3466	+	with § 14–308.1 of this title. 18
	3467	+
	3468	+	[(h)] (G) The applicant shall meet any additional education, training, or 19
	3469	+	examination requirements established by the Board. 20
	3470	+
	3471	+	14–5G–15. 21
	3472	+
	3473	+	(a) A licensee shall notify the Board in writing of a change of name or address 22
	3474	+	within [60] 10 days after the change. 23
	3475	+
	3476	+	14–5G–18. 24
	3477	+
	3478	+	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 25
	3479	+	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 26
	3480	+	license to any applicant, reprimand any licensee, place any licensee on probation, or 27
	3481	+	suspend or revoke a license, if the applicant or licensee: 28
	3482	+
	3483	+	(3) Is guilty of [unprofessional or immoral]: 29
	3484	+
	3485	+	(I) IMMORAL conduct while practicing genetic counseling; OR 30 HOUSE BILL 776 75
	3486	+
	3487	+
	3488	+
	3489	+	(II) UNPROFESSIONAL CONDUC T WHILE PRACTICING G ENETIC 1
	3490	+	COUNSELING ; 2
	3491	+
	3492	+	(4) Is [professionally, physically, or mentally]: 3
	3493	+
	3494	+	(I) PROFESSIONALLY INCOMP ETENT; 4
	3495	+
	3496	+	(II) PHYSICALLY INCOMPETEN T; OR 5
	3497	+
	3498	+	(III) MENTALLY incompetent; 6
	3499	+
	3500	+	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 7
	3501	+	genetic counseling; 8
	3502	+
	3503	+	(15) [Knowingly] WILLFULLY practices genetic counseling with an 9
	3504	+	unauthorized individual or aids an unauthorized individual in practicing genetic 10
	3505	+	counseling; 11
	3506	+
	3507	+	(16) [Knowingly] WILLFULLY delegates a genetic counseling duty to an 12
	3508	+	unlicensed individual; 13
	3509	+
	3510	+	(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 14
	3511	+	OVERUTILIZATION OF health care services; 15
	3512	+
	3513	+	(21) [Knowingly] WILLFULLY submits false statements to collect fees for 16
	3514	+	which services are not provided; 17
	3515	+
	3516	+	(23) [Knowingly] WILLFULLY fails to report suspected child abuse in 18
	3517	+	violation of § 5–704 of the Family Law Article; 19
	3518	+
	3519	+	14–5G–20. 20
	3520	+
	3521	+	(c) (1) If the licensed genetic counselor enters, or is considering entering, an 21
	3522	+	alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 22
	3523	+	Accreditation of Healthcare Organizations] or that is certified by the Department, the 23
	3524	+	licensed genetic counselor shall notify the hospital, related institution, alternative health 24
	3525	+	system, or employer [of] WITHIN 15 DAYS AFTER the licensed genetic counselor’s decision 25
	3526	+	to enter the treatment program. 26
	3527	+
	3528	+	(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 27
	3529	+	for failure to report under this section. 28
	3530	+
	3531	+	14–5G–26. 29
3540	3532		76 HOUSE BILL 776
3541	3533
3542	3534
3543		-	(iv) One shall be a consumer member. 1
3544		-
3545		-	(2) The Board shall appoint the naturopathic doctor members from a list of 2
3546		-	names submitted by the Maryland Association of Naturopathic Physicians. 3
3547		-
3548		-	(b) Each [naturopathic doctor member of the Committee shall be: 4
3549		-
3550		-	(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 5
3551		-	BE IN good standing with the Board[; and 6
3552		-
3553		-	(2) A resident of the State who has been engaged actively in the practice or 7
3554		-	instruction of naturopathic medicine for at least 5 years immediately before appointment]. 8
3555		-
3556		-	[(c) The physician members of the Committee shall be in good standing with the 9
3557		-	Board.] 10
3558		-
3559		-	[(d)] (C) The consumer member of the Committee: 11
3560		-
3561		-	(1) [Shall] MUST be a [resident of the State and a] member of the general 12
3562		-	public; 13
3563		-
3564		-	(2) May not be or ever have been [licensed to practice a health occupation 14
3565		-	under this article]: 15
3566		-
3567		-	(I) A LICENSED NATUROPATHI C DOCTOR; 16
3568		-
3569		-	(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 17
3570		-
3571		-	(III) IN TRAINING TO BE A N ATUROPATHIC DOCTOR O R OTHER 18
3572		-	HEALTH PROFESSIONAL ; and 19
3573		-
3574		-	(3) May not [have a substantial personal, business, professional, or 20
3575		-	pecuniary connection with naturopathic education, business, or practice.]: 21
3576		-
3577		-	(I) PARTICIPATE OR EVER H AVE PARTICIPATED IN A 22
3578		-	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 23
3579		-
3580		-	(II) HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN A 24
3581		-	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 25
3582		-
3583		-	(III) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 26
	3535	+	(a) Except as otherwise provided in this subtitle, a licensed genetic counselor or 1
	3536	+	a licensed physician may not employ or supervise an individual practicing genetic 2
	3537	+	counseling without a license. 3
	3538	+
	3539	+	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 4
	3540	+	alternative health system, or employer may not employ an individual practicing genetic 5
	3541	+	counseling without a license. 6
	3542	+
	3543	+	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 7
	3544	+	violation of this section. 8
	3545	+
	3546	+	14–5G–27. 9
	3547	+
	3548	+	(a) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 10
	3549	+	14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is guilty of a misdemeanor and 11
	3550	+	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 12
	3551	+	or both. 13
	3552	+
	3553	+	(b) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 14
	3554	+	14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is subject to a civil fine of not 15
	3555	+	more than $5,000 to be levied by a disciplinary panel. 16
	3556	+
	3557	+	(c) The Board shall pay any penalty collected under this section into the Board of 17
	3558	+	Physicians Fund. 18
	3559	+
	3560	+	14–602. 19
	3561	+
	3562	+	(b) Except as otherwise provided in this article, a person may not use the words 20
	3563	+	or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent that the 21
	3564	+	person practices medicine, unless the person is: 22
	3565	+
	3566	+	(3) A physician employed [by] IN THE SERVICE OF the federal government 23
	3567	+	while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 24
	3568	+	employment; 25
	3569	+
	3570	+	14–606. 26
	3571	+
	3572	+	(a) (3) A person who is required to give notice under § 14–505 (“Reporting burn 27
	3573	+	treatment”) of this title, and who fails to give the required notice, [is liable for] MAY BE 28
	3574	+	SUBJECT TO a civil penalty of not more than $100. 29
	3575	+
	3576	+	15–103. 30
	3577	+
	3578	+	(b) (3) A physician or group of physicians that develops a collaboration 31
	3579	+	agreement with a physician assistant or the physician assistant shall [notify the Board 32
	3580	+	within 10 days of] IMMEDIATELY DOCUMENT the termination of the relationship [under 33 HOUSE BILL 776 77
	3581	+
	3582	+
	3583	+	a] IN THE collaboration agreement ON FILE AT THE PHYSI CIAN ASSISTANT’S PRIMARY 1
	3584	+	PLACE OF BUSINESS . 2
	3585	+
	3586	+	(e) (1) If the physician assistant enters, or is considering entering, an alcohol 3
	3587	+	or drug treatment program that is accredited by [the] THE Joint Commission [on 4
	3588	+	Accreditation of Healthcare Organizations] or that is certified by the Department, the 5
	3589	+	physician assistant shall notify the hospital, related institution, alternative health care 6
	3590	+	system, or employer [of] WITHIN 15 DAYS AFTER the physician assistant’s decision to 7
	3591	+	enter the treatment program. 8
	3592	+
	3593	+	(2) If the physician assistant fails to provide the notice required under 9
	3594	+	paragraph (1) of this subsection, and the hospital, related institution, alternative health 10
	3595	+	care system, or employer learns that the physician assistant has entered a treatment 11
	3596	+	program, the hospital, related institution, alternative health care system, or employer shall 12
	3597	+	report to the Board that the physician assistant has entered a treatment program and has 13
	3598	+	failed to provide the required notice. 14
	3599	+
	3600	+	(i) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 15
	3601	+	for failure to report under this section. 16
	3602	+
	3603	+	15–201. 17
	3604	+
	3605	+	(a) There is a Physician Assistant Advisory Committee within the Board. 18
	3606	+
	3607	+	15–202. 19
	3608	+
	3609	+	(a) (1) The Committee shall consist of [7] SEVEN members appointed by the 20
	3610	+	Board. 21
	3611	+
	3612	+	(2) Of the [7] SEVEN Committee members: 22
	3613	+
	3614	+	(i) [3] THREE shall be licensed physicians; 23
	3615	+
	3616	+	(ii) [3] THREE shall be licensed physician assistants; and 24
	3617	+
	3618	+	(iii) [1] ONE shall be a consumer. 25
	3619	+
	3620	+	(3) Of the licensed physician members: 26
	3621	+
	3622	+	(i) At least [1] ONE shall specialize in general surgery or a surgical 27
	3623	+	subspecialty; and 28
	3624	+
	3625	+	(ii) At least [1] ONE shall specialize in internal medicine, family 29
	3626	+	practice, or a similar primary care specialty. 30
	3627	+	78 HOUSE BILL 776
	3628	+
	3629	+
	3630	+	(4) The Board shall appoint the physician assistant members from a list of 1
	3631	+	names submitted by: 2
	3632	+
	3633	+	(i) The Maryland Academy of Physician Assistants; and 3
	3634	+
	3635	+	(ii) The State institutions of higher education with approved 4
	3636	+	physician assistant programs. 5
	3637	+
	3638	+	(5) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD 6
	3639	+	MUST BE IN GOOD STAN DING WITH THE BOARD. 7
	3640	+
	3641	+	[(5)] (6) The consumer member: 8
	3642	+
	3643	+	(i) [Shall] MUST be a member of the general public; 9
	3644	+
	3645	+	(ii) May not be [a physician, former physician, physician assistant, 10
	3646	+	or a person in training to become a physician or physician assistant] OR HAVE EVER BEEN : 11
	3647	+
	3648	+	1. A PHYSICIAN ASSISTANT ; 12
	3649	+
	3650	+	2. ANY OTHER HEALTH CARE PROFESSIONAL ; OR 13
	3651	+
	3652	+	3. IN TRAINING TO BE A P HYSICIAN ASSISTANT O R 14
	3653	+	OTHER HEALTH PROFESSIONAL ; AND 15
	3654	+
	3655	+	(iii) May not [have a household member who is a physician or 16
	3656	+	physician assistant, or a person in training to become a physician assistant; and 17
	3657	+
	3658	+	(iv) May not have had within 2 years before appointment a 18
	3659	+	substantial financial interest in a process regulated by the Board]: 19
	3660	+
	3661	+	1. PARTICIPATE OR EVER H AVE PARTICIPATED IN A 20
	3662	+	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO PHYSICIAN ASSISTA NT 21
	3663	+	PRACTICE; 22
	3664	+
	3665	+	2. HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN 23
	3666	+	A COMMERCIAL OR PROF ESSIONAL FIE LD RELATED TO PHYSIC IAN ASSISTANT 24
	3667	+	PRACTICE; 25
	3668	+
	3669	+	3. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 26
3584	3670		FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 27
3585		-	HOUSE BILL 776 77
3586		-
3587		-
3588		-	~~(IV)~~ HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
3589		-	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO 2
3590		-	~~NATUROPATHIC DOCTORS~~ OR TO THE FIELD OF ~~NATU ROPATHIC MEDICINE~~ . 3
3591		-
3592		-	(D) EACH MEMBER OF THE COMMITTEE MUST BE A ~~R ESIDENT~~ OF THE 4
	3671	+	HOUSE BILL 776 79
	3672	+
	3673	+
	3674	+	4. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
	3675	+	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO PHYSICIA N 2
	3676	+	ASSISTANTS OR TO THE FIELD OF PHYSICIAN A SSISTANT PRACTICE . 3
	3677	+
	3678	+	[(6)] (7) Each member of the Committee [shall] MUST be a resident of the 4
3593	3679		State. 5
3594	3680
3595		-	(e) (1) The term of a member is [4] 3 years. 6
3596		-
3597		-	(2) The terms of members are staggered as required by [the terms provided 7
3598		-	for members of the Committee on October 1, 2014] REGULATION . 8
3599		-
3600		-	(3) At the end of a term, a member continues to serve until a successor is 9
3601		-	appointed and qualifies. 10
3602		-
3603		-	(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 11
3604		-	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND 12
3605		-	QUALIFIES. 13
3606		-
3607		-	[(4)] (5) A member may not serve more than two consecutive full terms. 14
3608		-
3609		-	(f) From among its members, the Committee shall elect a chair every 2 years. 15
3610		-
3611		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 16
3612		-
3613		-	14–5F–08. 17
3614		-
3615		-	In addition to the powers set forth elsewhere in this subtitle, the Committee shall: 18
3616		-
3617		-	(1) SHALL: 19
3618		-
3619		-	(1) (I) Develop and recommend to the Board [regulations]: 20
3620		-
3621		-	(I) 1. REGULATIONS to carry out this subtitle; AND 21
3622		-
3623		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 22
3624		-	PROFESSION; AND 23
3625		-
3626		-	(2) (II) [Develop and recommend to the Board procedures for the 24
3627		-	issuance of licenses to applicants who qualify for licensure by reciprocity; 25
3628		-
3629		-	(3) Evaluate the content of any clinical, practical, or residency requirement 26
3630		-	for licensure; 27
3631		-	78 HOUSE BILL 776
3632		-
3633		-
3634		-	(4) Provide any service and perform any function that is necessary to fulfill 1
3635		-	its purposes; 2
3636		-
3637		-	(5) Develop and recommend to the Board examination standards, 3
3638		-	consistent with the standards enumerated in this subtitle, for licensure and times at which 4
3639		-	the examinations will be given; 5
3640		-
3641		-	(6) Develop and recommend to the Board a code of ethics for licensed 6
3642		-	naturopathic doctors; and 7
3643		-
3644		-	(7) Develop and recommend to the Board continuing education 8
3645		-	requirements for license renewal] KEEP A RECORD OF ITS MEETINGS; AND 9
3646		-
3647		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL OF THE 10
3648		-	BOARD: 11
3649		-
3650		-	(2) MAY: 12
3651		-
3652		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 13
3653		-	OF NATUROPATHIC MEDI CINE; AND 14
3654		-
3655		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 15
3656		-	NATUROPATHIC DOCTORS . 16
3657		-
3658		-	14–5F–10. 17
3659		-
3660		-	(b) This section does not apply to: 18
3661		-
3662		-	(1) [An individual] A NATUROPATHIC DOCTOR who is employed [by the 19
3663		-	United States] IN THE SERVICE OF TH E FEDERAL government [to practice naturopathic 20
3664		-	medicine] while practicing within the scope of [that] THE employment; 21
3665		-
3666		-	14–5F–12. 22
3667		-
3668		-	To apply for a license, an applicant shall: 23
3669		-
3670		-	(1) Complete a criminal history records check in accordance with § 24
3671		-	14–308.1 of this title; 25
3672		-
3673		-	(2) Submit an application to the Board on a form that the Board requires; 26
3674		-
3675		-	(3) Pay to the Board an application fee set by the Board; AND 27
3676		-
3677		-	(4) If the applicant has been licensed, certified, or registered to practice 28
3678		-	naturopathic medicine in another state, submit all evidence relating to: 29
3679		-	HOUSE BILL 776 79
3680		-
3681		-
3682		-	(i) Any disciplinary action taken or any administrative penalties 1
3683		-	assessed against the applicant by the appropriate state licensing, certification, or 2
3684		-	registration authority; and 3
3685		-
3686		-	(ii) Any consent agreements the applicant entered into that contain 4
3687		-	conditions placed on the applicant’s professional conduct and practice, including any 5
3688		-	voluntary surrender of a license[; 6
3689		-
3690		-	(5) Complete and submit to the Board a Board –approved written 7
3691		-	attestation that: 8
3692		-
3693		-	(i) States that the applicant has a collaboration and consultation 9
3694		-	agreement with a physician licensed under this article; 10
3695		-
3696		-	(ii) Includes the name and license number of the physician with 11
3697		-	whom the applicant has a collaboration and consultation agreement; 12
3698		-
3699		-	(iii) States that the applicant will refer patients to and consult with 13
3700		-	physicians and other health care providers licensed or certified under this article as needed; 14
3701		-	and 15
3702		-
3703		-	(iv) States that the applicant will require patients to sign a consent 16
3704		-	form that states that the applicant’s practice of naturopathic medicine is limited to the 17
3705		-	scope of practice identified in § 14–5F–14 of this subtitle; and 18
3706		-
3707		-	(6) Inform the physician named in the attestation that the physician has 19
3708		-	been named]. 20
3709		-
3710		-	14–5F–12.1. 21
3711		-
3712		-	(A) TO PRACTICE NATUROPAT HIC MEDICINE IN THE STATE, A 22
3713		-	NATUROPATHIC DOCTOR SHALL MAINTAIN AT AL L TIMES A COLLABORAT ION AND 23
3714		-	CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE. 24
3715		-
3716		-	(B) BEFORE AN INDIVIDUAL MAY PRACTICE NATUROP ATHIC MEDICINE IN 25
3717		-	THE STATE, THE INDIVIDUAL SHALL : 26
3718		-
3719		-	(1) OBTAIN A LICENSE UNDER THIS SUBTI TLE; 27
3720		-
3721		-	(2) ENTER INTO A COLLABOR ATION AND CONSULTATI ON 28
3722		-	AGREEMENT WITH A PHY SICIAN LICENSED IN T HE STATE; AND 29
3723		-
3724		-	(3) ATTEST TO THE COMPLET ION OF THE COLLABORA TION AND 30
3725		-	CONSULTATION AGREEME NT ON A FORM PROVIDE D BY THE BOARD. 31
3726		-
3727		-	(C) A COLLABORATION AND CO NSULTATION AGREEMENT SHALL: 32 80 HOUSE BILL 776
3728		-
3729		-
3730		-
3731		-	(1) STATE THAT THE APPLIC ANT HAS A COLLABORAT ION AND 1
3732		-	CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE; 2
3733		-
3734		-	(2) INCLUDE THE NAME AND LICENSE NUMBER OF TH E PHYSICIAN 3
3735		-	WITH WHOM THE APPLIC ANT HAS A COLLABORATION AND CO NSULTATION 4
3736		-	AGREEMENT ; 5
3737		-
3738		-	(3) STATE THAT THE APPLIC ANT WILL REFER PATIE NTS TO AND 6
3739		-	CONSULT WITH PHYSICI ANS AND OTHER HEALTH CARE PROVIDERS LICEN SED OR 7
3740		-	CERTIFIED UNDER THIS ARTICLE AS NEEDED ; AND 8
3741		-
3742		-	(4) STATES THAT THE APPLI CANT WILL REQU IRE PATIENTS TO SIGN 9
3743		-	A CONSENT FORM THAT STATES THAT THE APPL ICANT’S PRACTICE OF 10
3744		-	NATUROPATHIC MEDICIN E IS LIMITED TO THE SCOPE OF PRACTICE ES TABLISHED IN 11
3745		-	§ 14–5F–14 OF THIS SUBTITLE. 12
3746		-
3747		-	(D) A NATUROPATHIC DOCTOR SHALL INFORM THE PHY SICIAN NAMED IN 13
3748		-	THE COLLABORATION AND CO NSULTATION AGREEMENT THAT THE PHYSICIAN H AS 14
3749		-	BEEN NAMED . 15
3750		-
3751		-	(E) SUBJECT TO THE NOTICE REQUIRED UNDER § 14–5F–12.2 OF THIS 16
3752		-	SUBTITLE, A NATUROPATHIC DOCTO R AND A LICENSED PHY SICIAN MAY TERMINATE 17
3753		-	A COLLABORATION AND CONSULTATION AGREEME NT AT ANY TIME. 18
3754		-
3755		-	(F) IN THE EVENT OF THE S UDDEN DEPARTURE , INCAPACITY, OR DEATH OF 19
3756		-	THE NAMED LICENSED P HYSICIAN OR CHANGE I N LICENSE STATUS THA T RESULTS 20
3757		-	IN THE NAMED LICENSE D PHYSICIAN BEING UN ABLE TO PRACTICE MED ICINE, THE 21
3758		-	NATUROPATHIC DOCTOR MAY NOT PRACTICE IN THE STATE UNTIL THE 22
3759		-	NATUROPATHIC DOCTOR ENTERS INTO A NEW CO LLABORATION AND CONS ULTATION 23
3760		-	AGREEMENT . 24
3761		-
3762		-	(G) A NATUROPATHIC DOCTOR WHOSE COLLABORATION AND 25
3763		-	CONSULTATION AGREEME NT IS TERMINATED MAY NOT PRACTICE NATUROP ATHIC 26
3764		-	MEDICINE IN THE STATE. 27
3765		-
3766		-	14–5F–12.2. 28
3767		-
3768		-	(A) A PHYSICIAN OR AN EMPL OYER SHALL NOTIFY TH E BOARD WITHIN 10 29
3769		-	DAYS AFTER THE TERMI NATION OF A NATUROPA THIC DOCTOR FOR REAS ONS THAT 30
3770		-	WOULD BE GROUNDS FOR DISCIPLINE UNDER THI S SUBTITLE. 31
3771		-
3772		-	(B) A PHYSICIAN NAMED IN A COLLABORATION AND CO NSULTATION 32
3773		-	AGREEMENT WITH A NATUROP ATHIC DOCTOR AND A N ATUROPATHIC DOCTOR 33 HOUSE BILL 776 81
3774		-
3775		-
3776		-	SHALL NOTIFY THE BOARD WITHIN 10 DAYS AFTER THE TERMI NATION OF A 1
3777		-	COLLABORATION AND CO NSULTATION AGREEMENT . 2
3778		-
3779		-	14–5F–15.1. 3
3780		-
3781		-	(a) A licensee shall notify the Board in writing of a change in name or address 4
3782		-	within [60] 10 30 days after the change. 5
3783		-
3784		-	14–5F–18. 6
3785		-
3786		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 7
3787		-	on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 8
3788		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 9
3789		-	suspend or revoke a license of any licensee if the applicant or licensee: 10
3790		-
3791		-	(2) [Has been found to be mentally] IS: 11
3792		-
3793		-	(I) PROFESSIONALLY incompetent [by a physician if the mental 12
3794		-	incompetence impairs the ability of the applicant or licensee to undertake the practice of 13
3795		-	naturopathic medicine in a manner consistent with the safety of the public]; 14
3796		-
3797		-	(II) PHYSICALLY INCOMPETEN T; OR 15
3798		-
3799		-	(III) MENTALLY INCOMPETENT ; 16
3800		-
3801		-	(19) Is guilty of [unprofessional or immoral]: 17
3802		-
3803		-	(I) IMMORAL conduct in the practice of naturopathic medicine; OR 18
3804		-
3805		-	(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 19
3806		-	NATUROPATHIC MEDICIN E; 20
3807		-
3808		-	(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 21
3809		-	violation of § 5–704 of the Family Law Article; 22
3810		-
3811		-	14–5F–19. 23
3812		-
3813		-	(a) [This section applies to: 24
3814		-
3815		-	(1) A licensed naturopathic doctor; 25
3816		-
3817		-	(2) A licensed health care practitioner; 26
3818		-
3819		-	(3) A health care facility, as defined in § 19–114 of the Health – General 27
3820		-	Article, located in the State; and 28
3821		-	82 HOUSE BILL 776
3822		-
3823		-
3824		-	(4) A State agency. 1
3825		-
3826		-	(b) A person listed in subsection (a) of this section shall file a written report with 2
3827		-	the Board if the person has information that gives the person reason to believe that a 3
3828		-	licensed naturopathic doctor is or may be: 4
3829		-
3830		-	(1) Medically or legally incompetent; 5
3831		-
3832		-	(2) Engaged in the unauthorized practice of naturopathic medicine; 6
3833		-
3834		-	(3) Guilty of unprofessional conduct; or 7
3835		-
3836		-	(4) Mentally or physically unable to engage safely in the practice of 8
3837		-	naturopathic medicine. 9
3838		-
3839		-	(c) A person required to file a report under subsection (b) of this section shall file 10
3840		-	the report within 30 days after becoming aware of the information. 11
3841		-
3842		-	(d)] A [health care facility shall report promptly to the Board] HOSPITAL, A 12
3843		-	RELATED INSTITUTION , AN ALTERNATIVE HEALTH S YSTEM, AND AN EMPLOYER 13
3844		-	SHALL SUBMIT TO THE BOARD A REPORT if: 14
3845		-
3846		-	(1) A licensed naturopathic doctor voluntarily resigns from the staff of the 15
3847		-	[health care facility] HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 16
3848		-	SYSTEM, OR EMPLOYER , voluntarily limits the licensee’s staff privileges, or fails to 17
3849		-	reapply for [hospital] privileges at the [health care facility] HOSPITAL, RELATED 18
3850		-	INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER ; and 19
3851		-
3852		-	(2) The action of the licensee occurs while the licensee is under formal or 20
3853		-	informal investigation by the [health care facility] HOSPITAL, RELATED INSTITUTION , 21
3854		-	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER for possible medical incompetence, 22
3855		-	unprofessional conduct, or mental or physical impairment. 23
3856		-
3857		-	(B) (A) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (C) (B) AND (E) (D) 24
3858		-	OF THIS SECTION, EACH HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 25
3859		-	SYSTEM, AND EMPLOYER OF A LICENSED NATURO PATHIC DOCTOR SHALL FILE WITH 26
3860		-	SUBMIT TO THE BOARD A REPORT THAT THE HOSPITAL, RELATED INSTITUTION, 27
3861		-	ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, OTHERWISE 28
3862		-	CHANGED, OR TERMINATED ANY LI CENSED NATUROPATHIC DOCTOR FOR ANY 29
3863		-	REASON IF: 30
3864		-
3865		-	(I) THE EMPLOYER : 31
3866		-
3867		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 32
3868		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED N ATUROPATHIC 33 HOUSE BILL 776 83
3869		-
3870		-
3871		-	DOCTOR’S CLINICAL PRIVILEGE S, EMPLOYMENT , OR OTHER ABILITY TO PRACTICE 1
3872		-	OR TREAT PATIENTS ; 2
3873		-
3874		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 3
3875		-	LICENSED NATUROPATHI C DOCTOR’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 4
3876		-
3877		-	3. ASKED THE LICENSEE TO VOLUNTAR ILY RESIGN 5
3878		-	BECAUSE OF THE LICEN SED NATUROPATHIC DOC TOR’S CONDUCT OR WHILE T HE 6
3879		-	LICENSEE IS BEING IN VESTIGATED; AND 7
3880		-
3881		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 8
3882		-	PARAGRAPH WAS TAKEN : 9
3883		-
3884		-	1. FOR REASONS THAT MIGHT BE GROUND S FOR 10
3885		-	DISCIPLINARY ACTION UNDER § 14–5F–18 OF THIS SUBTITLE; 11
3886		-
3887		-	2. BECAUSE THE LICENSED NATUROPATHIC DOCTOR 12
3888		-	MAY HAVE ENGAGED IN AN ACT THAT MAY CONS TITUTE UNPROFESSIONA L 13
3889		-	CONDUCT; 14
3890		-
3891		-	3. BECAUSE THE LICENSED NATUROPATHIC DOCTOR 15
3892		-	MAY BE UNABLE TO PRA CTICE NATUROPATHY WITH REA SONABLE SKILL AND 16
3893		-	SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 17
3894		-	INCOMPETENCE ; OR 18
3895		-
3896		-	4. BECAUSE THE LICENSED NATUROPATHIC DOCTOR 19
3897		-	MAY HAVE HARMED OR P LACED ONE OR MORE PA TIENTS OR THE PUBLIC AT 20
3898		-	UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 21
3899		-	IMMEDIATE OR CONTINU ING DANGER. 22
3900		-
3901		-	(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 23
3902		-	SUBSECTION SHALL INC LUDE: 24
3903		-
3904		-	(I) THE ACTION TAKEN BY T HE EMPLOYER ; 25
3905		-
3906		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 26
3907		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 27
3908		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 28
3909		-
3910		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 29
3911		-	CONDUCT OF THE LICEN SED NATUROPATHIC DOC TOR. 30
	3681	+	(b) Of the three physician members of the Committee, two shall be previously or 6
	3682	+	currently serving as a patient care team physician under a collaboration agreement with a 7
	3683	+	physician assistant. 8
	3684	+
	3685	+	(c) [(1) The physician assistant members shall be licensed as a physician 9
	3686	+	assistant under this title. 10
	3687	+
	3688	+	(2) The physician assistant members shall be currently practicing as a 11
	3689	+	physician assistant or employed as a faculty member of an accredited physician assistant 12
	3690	+	program. 13
	3691	+
	3692	+	(3)] Of the [3] THREE physician assistant members of the Committee: 14
	3693	+
	3694	+	[(i)] (1) At least [1 shall] ONE MUST be currently practicing in a 15
	3695	+	hospital; and 16
	3696	+
	3697	+	[(ii)] (2) At least [1 shall] ONE MUST be currently practicing in a 17
	3698	+	nonhospital setting. 18
	3699	+
	3700	+	(D) (1) THE TERM OF A MEMBER IS 3 YEARS. 19
	3701	+
	3702	+	(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 20
	3703	+	REGULATION . 21
	3704	+
	3705	+	(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22
	3706	+	A SUCCESSOR IS APPOI NTED AND QUALIFIES . 23
	3707	+
	3708	+	(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 24
	3709	+	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 25
	3710	+	QUALIFIES. 26
	3711	+
	3712	+	(5) A MEMBER M AY NOT SERVE MORE TH AN TWO CONSECUTIVE F ULL 27
	3713	+	TERMS. 28
	3714	+
	3715	+	[(d)] (E) [A] FROM AMONG ITS MEMBER S, THE Committee SHALL ELECT A 29
	3716	+	chair [and a secretary shall be selected] every 2 years [by a majority vote of the membership 30
	3717	+	of the Committee]. 31
	3718	+	80 HOUSE BILL 776
	3719	+
	3720	+
	3721	+	[(e)] (F) The chair, or the chair’s designee, shall serve in an advisory capacity to 1
	3722	+	the Board as a representative of the Committee. 2
	3723	+
	3724	+	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 3
	3725	+
	3726	+	15–205. 4
	3727	+
	3728	+	[(a)] In addition to the powers set forth elsewhere in this title, the Committee[, on 5
	3729	+	its initiative or on the Board’s request, may] SHALL: 6
	3730	+
	3731	+	(1) Recommend to the Board [regulations]: 7
	3732	+
	3733	+	(I) REGULATIONS for carrying out [the provisions of] this title; 8
	3734	+	AND 9
	3735	+
	3736	+	(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 10
	3737	+
	3738	+	(2) Recommend to the Board approval, modification, or disapproval of an 11
	3739	+	application for licensure OR THE PERFORMANCE O F ADVANCED DUTIES UN DER A 12
	3740	+	COLLABORATION AGREEM ENT; 13
	3741	+
	3742	+	(3) Report to the Board any conduct of a physician or group of physicians 14
	3743	+	who develops a collaboration agreement with a physician assistant or a physician assistant 15
	3744	+	that may be cause for disciplinary action under this title or under § 14–404 of this article; 16
	3745	+	[and] 17
	3746	+
	3747	+	(4) [Report to the Board any alleged unauthorized practice of a physician 18
	3748	+	assistant] KEEP A RECORD OF ITS MEETINGS; AND 19
	3749	+
	3750	+	(5) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 20
	3751	+
	3752	+	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 21
	3753	+	OF PHYSICIAN ASSISTA NTS; AND 22
	3754	+
	3755	+	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 23
	3756	+	PHYSICIAN ASSI STANTS. 24
	3757	+
	3758	+	[(b) The Committee shall submit an annual report to the Board. 25
	3759	+
	3760	+	(c) (1) In addition to the duties set forth elsewhere in this title, the Board shall 26
	3761	+	adopt regulations to carry out the provisions of this title. 27
	3762	+
	3763	+	(2) The Board shall: 28
	3764	+
	3765	+	(i) Consider all recommendations of the Committee; and 29 HOUSE BILL 776 81
	3766	+
	3767	+
	3768	+
	3769	+	(ii) Provide to the Committee an annual report on the disciplinary 1
	3770	+	matters involving licensees. 2
	3771	+
	3772	+	(3) The Board may: 3
	3773	+
	3774	+	(i) Investigate any alleged unauthorized practice of a physician 4
	3775	+	assistant; 5
	3776	+
	3777	+	(ii) Investigate any conduct that may be cause for disciplinary action 6
	3778	+	under this title; and 7
	3779	+
	3780	+	(iii) On receipt of a written and signed complaint, including a referral 8
	3781	+	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 9
	3782	+	office of a physician assistant, other than an office of a physician assistant in a hospital, 10
	3783	+	related institution, freestanding medical facility, or freestanding birthing center, to 11
	3784	+	determine compliance at that office with the Centers for Disease Control and Prevention’s 12
	3785	+	guidelines on universal precautions. 13
	3786	+
	3787	+	(4) If the entry is necessary to carry out a duty under this subtitle, 14
	3788	+	including an investigation or determination of compliance as provided under paragraph (3) 15
	3789	+	of this subsection and an audit to determine compliance with the Board’s requirements 16
	3790	+	with respect to physician assistant practice, the Executive Director of the Board or other 17
	3791	+	duly authorized agent or investigator may enter at any reasonable hour a place of business 18
	3792	+	of a licensed physician or a licensed physician assistant or public premises. 19
	3793	+
	3794	+	(5) (i) A person may not deny or interfere with an entry under this 20
	3795	+	subsection. 21
	3796	+
	3797	+	(ii) A person who violates any provision of this subsection is guilty of 22
	3798	+	a misdemeanor and on conviction is subject to a fine not exceeding $100.] 23
	3799	+
	3800	+	15–206. 24
	3801	+
	3802	+	(c) [(1) In fiscal year 2017 and fiscal year 2018, if the Governor does not include 25
	3803	+	in the State budget at least $550,000 for the operation of the Maryland Loan Assistance 26
	3804	+	Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of 27
	3805	+	the Health – General Article, as administered by the Department, the Comptroller shall 28
	3806	+	distribute: 29
	3807	+
	3808	+	(i) $550,000 of the fees received from the Board to the Department 30
	3809	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 31
	3810	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 32
	3811	+	Article to physicians and physician assistants engaged in primary care or to medical 33
	3812	+	residents specializing in primary care who agree to practice for at least 2 years as primary 34
	3813	+	care physicians in a geographic area of the State that has been designated by the Secretary 35
	3814	+	as being medically underserved; and 36 82 HOUSE BILL 776
	3815	+
	3816	+
	3817	+
	3818	+	(ii) The balance of the fees to the Board of Physicians Fund. 1
	3819	+
	3820	+	(2) In fiscal year 2019 and each fiscal year thereafter, if the Governor does 2
	3821	+	not include in the State budget at least $400,000 for the operation of the Maryland Loan 3
	3822	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 4
	3823	+	Subtitle 17 of the Health – General Article, as administered by the Maryland Higher 5
	3824	+	Education Commission, the Comptroller shall distribute: 6
	3825	+
	3826	+	(i) $400,000 of the fees received from the Board to the Department 7
	3827	+	to be used to make grants under the Maryland Loan Assistance Repayment Program for 8
	3828	+	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 9
	3829	+	Article to physicians and physician assistants engaged in primary care or to medical 10
	3830	+	residents specializing in primary care who agree to practice for at least 2 years as primary 11
	3831	+	care physicians in a geographic area of the State that has been designated by the Secretary 12
	3832	+	as being medically underserved; and 13
	3833	+
	3834	+	(ii) The balance of the fees to the Board of Physicians Fund.] 14
	3835	+
	3836	+	(1) IN EACH FISCAL YEAR, IF THE DEPARTMENT DOES NOT 15
	3837	+	IMPLEMENT A PERMANEN T FUNDING STRUCTURE UNDER § 24–1702(B)(1) OF THE 16
	3838	+	HEALTH – GENERAL ARTICLE AND THE GOVERNOR DOES NOT INC LUDE IN THE 17
	3839	+	STATE BUDGET AT LEAST $400,000 FOR THE OPERATION OF THE MARYLAND LOAN 18
	3840	+	ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 19
	3841	+	UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE, AS 20
	3842	+	ADMINISTERED BY THE DEPARTMENT , THE COMPTROLLER SHALL DIS TRIBUTE: 21
	3843	+
	3844	+	(I) $400,000 OF THE FEES RECEIVED FROM THE BOARD TO THE 22
	3845	+	DEPARTMENT TO B E USED TO MAKE GRANT S UNDER THE MARYLAND LOAN 23
	3846	+	ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 24
	3847	+	UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE TO 25
	3848	+	PHYSICIANS AND PHYSI CIAN ASSISTANTS ENGA GED IN PRIMARY CARE OR TO 26
	3849	+	MEDICAL RESI DENTS SPECIALIZING I N PRIMARY CARE WHO A GREE TO PRACTICE 27
	3850	+	FOR AT LEAST 2 YEARS AS PRIMARY CAR E PHYSICIANS IN A GE OGRAPHIC AREA OF 28
	3851	+	THE STATE THAT HAS BEEN D ESIGNATED BY THE SECRETARY AS BEING ME DICALLY 29
	3852	+	UNDERSERVED ; AND 30
	3853	+
	3854	+	(II) THE BALANCE OF THE FE ES TO THE BOARD OF PHYSICIANS 31
	3855	+	FUND. 32
	3856	+
	3857	+	[(3)] (2) If the Governor includes in the State budget at least the amount 33
	3858	+	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 34
	3859	+	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
	3860	+	Subtitle 17 of the Health – General Article, as administered by the [Maryland Higher 36 HOUSE BILL 776 83
	3861	+
	3862	+
	3863	+	Education Commission] DEPARTMENT , the Comptroller shall distribute the fees to the 1
	3864	+	Board of Physicians Fund. 2
	3865	+
	3866	+	15–301. 3
	3867	+
	3868	+	(f) Except as otherwise provided in this title, the following individuals may 4
	3869	+	practice as a physician assistant without a license: 5
	3870	+
	3871	+	(2) A physician assistant employed in the service of the federal government 6
	3872	+	while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 7
	3873	+	employment. 8
	3874	+
	3875	+	15–302. 9
	3876	+
	3877	+	(a) A physician assistant may practice as a physician assistant only after 10
	3878	+	providing notice to the Board, in a manner approved by the Board, of[: 11
	3879	+
	3880	+	(1) The] THE executed collaboration agreement[; and 12
	3881	+
	3882	+	(2) Each patient care team physician listed on the collaboration 13
	3883	+	agreement]. 14
	3884	+
	3885	+	(j) A patient care team physician may be added or removed from a collaboration 15
	3886	+	agreement by [providing notification to the Board] IMMEDIATELY DOCUMENT ING THE 16
	3887	+	ADDITION OR REMOVAL IN THE COLLABORATIO N AGREEMENT ON FILE AT THE 17
	3888	+	PHYSICIAN ASSISTANT ’S PRIMARY PLACE OF B USINESS. 18
	3889	+
	3890	+	15–302.1. 19
	3891	+
	3892	+	(g) (1) On review of the Committee’s recommendations regarding the request 20
	3893	+	of a patient care team physician to delegate advanced duties as described in a collaboration 21
	3894	+	agreement, the Board may modify the performance of advanced duties under a 22
	3895	+	collaboration agreement if the physician assistant does not meet the applicable education, 23
	3896	+	training, and experience requirements to perform the specified advanced duties. 24
	3897	+
	3898	+	(2) If the Board makes a modification under paragraph (1) of this 25
	3899	+	subsection, the Board: 26
	3900	+
	3901	+	(i) Shall notify [each] THE DELEGATING patient care team 27
	3902	+	physician listed in the collaboration agreement and the physician assistant in writing of 28
	3903	+	the particular elements of the advanced duty approval request that were the cause for the 29
	3904	+	modification; and 30
	3905	+
	3906	+	(ii) May not restrict the submission of an amendment to the 31
	3907	+	advanced duty. 32
3912	3908		84 HOUSE BILL 776
3913	3909
3914	3910
3915		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
3916		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
3917		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
3918		-
3919		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
3920		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
3921		-	PROVIDE THE ADDITIONAL INFOR MATION. 6
3922		-
3923		-	(C) (B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 7
3924		-	SYSTEM, OR AN IF AN EMPLOYER THAT HAS REASON TO K NOW THAT KNOWS THAT 8
3925		-	THE CONDUCT OF A LICENSED NATUROPAT HIC DOCTOR HAS COMMITTED AN ACT ION 9
3926		-	OR HAS A CONDITION THAT MIGHT BE GROUNDS FOR REPRIMAND OR PROBATI ON OF 10
3927		-	THE LICENSED NATUROPATHIC DOCTOR OR SUSPENSION OR REV OCATION OF THE 11
3928		-	LICENSE REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER SUBSECTION 12
3929		-	(A)(1) OF THIS SECTION BECAUSE THE LICENSED NATUROPATHIC DOCTOR IS 13
3930		-	ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER 14
3931		-	SUBSTANCE, THE EMPLOYER IS NOT REQUIRED TO R EPORT THE NATUROPATH IC 15
3932		-	DOCTOR TO THE BOARD IF: 16
3933		-
3934		-	(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 17
3935		-	SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED NATUROPATHIC DOC TOR IS: 18
3936		-
3937		-	(I) IN AN ALCOHOL OR DRUG A SUBSTANCE USE DISORD ER 19
3938		-	TREATMENT PROGRAM TH AT IS ACCREDITED BY THE JOINT COMMISSION OR IS 20
3939		-	CERTIFIED BY THE DEPARTMENT ; OR 21
3940		-
3941		-	(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 22
3942		-	IS COMPETENT AND CAPABLE OF DEALING W ITH ALCOHOLISM AND DRUG ABUSE 23
3943		-	SUBSTANCE USE DISORD ERS; 24
3944		-
3945		-	(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 25
3946		-	SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED NATUROPATHIC 26
3947		-	DOCTOR REMAINS IN TH E TREATMENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; 27
3948		-	AND 28
3949		-
3950		-	(3) THE ACTION OR CONDITI ON OF THE LICENSED N ATUROPATHIC 29
3951		-	DOCTOR HAS NOT CAUSE D INJURY TO ANY PERS ON WHILE THE PRACTITIONER 30
3952		-	NATUROPATHIC DOCTOR IS PRACTICING AS A L ICENSED NATUROPATHIC DOCTOR. 31
3953		-
3954		-	(D) (C) (1) IF THE LICENSED NATUROPATHIC DOCTOR ENTERS OR IS 32
3955		-	CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 33
3956		-	ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 34
3957		-	DEPARTMENT , THE LICENSED NATUROP ATHIC DOCTOR SHALL N OTIFY THE 35
3958		-	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH SY STEM, OR EMPLOYER 36 HOUSE BILL 776 85
3959		-
3960		-
3961		-	WITHIN 15 DAYS AFTER THE LICEN SED NATUROPATHIC DOC TOR’S DECISION TO 1
3962		-	ENTER THE TREATMENT PROGRAM. 2
3963		-
3964		-	(2) IF THE LICENSED NATUR OPATHIC DOCTOR FAILS TO PROVIDE 3
3965		-	THE NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND THE 4
3966		-	HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 5
3967		-	LEARNS THAT THE LICE NSED NATUROPATHIC DO CTOR HAS ENTERED A T REATMENT 6
3968		-	PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 7
3969		-	OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENSED NATU ROPATHIC 8
3970		-	DOCTOR HAS ENTERED A TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE 9
3971		-	REQUIRED NOTICE . 10
3972		-
3973		-	(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 11
3974		-	NATUROPATHIC DOCTOR IS NONCOMPLIANT WITH THE TREATMENT PROGRA M’S 12
3975		-	POLICIES AND PROCED URES WHILE IN THE TR EATMENT PROGRAM , THE TREATMENT 13
3976		-	PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 14
3977		-	HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED NATUROPATHIC DOCTOR’S 15
3978		-	NONCOMPLIANCE . 16
3979		-
3980		-	(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 17
3981		-	THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 18
3982		-	SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICENSED PH YSICIAN IS 19
3983		-	NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AMS, 20
3984		-	THE EMPLOYER OF THE LICE NSED NATUROPATHIC DO CTOR SHALL REPORT THE 21
3985		-	LICENSED NATUROPATHI C DOCTOR’S NONCOMPLIANCE TO T HE BOARD. 22
3986		-
3987		-	(D) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 23
3988		-	FOR GOOD CAUSE SHOWN . 24
3989		-
3990		-	(E) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 25
3991		-	REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 26
3992		-	REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 27
3993		-	SUBSTANCE USE DISORD ER PATIENT RECORDS . 28
3994		-
3995		-	(E) THE BOARD MAY ENFORCE THIS SECTION BY SUBPOENA . 29
3996		-
3997		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 30
3998		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 31
3999		-	REQUIRED BY THIS SEC TION. 32
4000		-
4001		-	(F) (G) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNAT IVE HEALTH 33
4002		-	SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 34
4003		-	THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 35
4004		-	REQUIRING THE REPORT . 36 86 HOUSE BILL 776
4005		-
4006		-
4007		-
4008		-	(G) (H) A REPORT MADE UNDER TH IS SECTION IS PRIVILEGED, NOT 1
4009		-	SUBJECT TO INSPECTIO N UNDER THE PUBLIC INFORMATION ACT, AND NOT 2
4010		-	SUBJECT TO SUBPOENA OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A 3
4011		-	PROCEEDING ARISING O UT OF A HEARING AND DECISION OF THE BOARD OR A 4
4012		-	DISCIPLINARY PANEL U NDER THIS TITLE. 5
4013		-
4014		-	(H) (I) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PENALTY O F 6
4015		-	UP TO $5,000 FOR FAILURE KNOWINGLY FAILING TO REPORT UNDER THIS SECTION. 7
4016		-
4017		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 8
4018		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 9
4019		-
4020		-	(3) THE BOARD SHALL REMIT ANY PENALTY COLLECTE D UNDER THIS 10
4021		-	SUBSECTION INTO THE GENERAL FUND OF THE STATE. 11
4022		-
4023		-	[14–5F–20. 12
4024		-
4025		-	(a) The Board shall investigate any complaint filed with the Board that alleges 13
4026		-	that there are grounds for action under § 14–5F–18 of this subtitle. 14
4027		-
4028		-	(b) After the Board’s investigation, the Board or a disciplinary panel, on the 15
4029		-	affirmative vote of a majority of its members then serving, may commence action on any of 16
4030		-	the grounds set forth in § 14–5F–18 of this subtitle. 17
4031		-
4032		-	(c) (1) Except as provided in paragraph (2) of this subsection, until the Board 18
4033		-	or a disciplinary panel passes an order under § 14–5F–22 of this subtitle, each related 19
4034		-	investigation, report, and recommendation is confidential. 20
4035		-
4036		-	(2) On the request of a person who has made a complaint to the Board, the 21
4037		-	Board shall provide the person with information on the status of the complaint.] 22
4038		-
4039		-	14–5F–20. 23
4040		-
4041		-	(A) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL DENIAL OF 24
4042		-	A LICENSE APPLICATIO N, THE BOARD SHALL DISCLOSE THE FILING TO THE PU BLIC 25
4043		-	ON THE BOARD’S WEBSITE. 26
4044		-
4045		-	(B) THE BOARD SHALL CREATE AN D MAINTAIN A PUBLIC INDIVIDUAL 27
4046		-	PROFILE ON EACH LICE NSEE THAT INCLUDES T HE FOLLOWING INFORMA TION: 28
4047		-
4048		-	(1) A SUMMARY OF CHARGES F ILED AGAINST THE LIC ENSEE, 29
4049		-	INCLUDING A COPY OF THE CHARGING DOCUMEN T, UNTIL A DISCIPLINARY PANEL 30
4050		-	HAS TAKEN ACTION UND ER § 14–5F–18 OF THIS SUBTITLE BAS ED ON THE CHARGES 31
4051		-	OR HAS RESCINDED THE CHARGES; 32 HOUSE BILL 776 87
4052		-
4053		-
4054		-
4055		-	(2) A DESCRIPTION OF ANY D ISCIPLINARY ACTION T AKEN BY THE 1
4056		-	BOARD OR A DISCIPLINA RY PANEL AGAINST THE LICENSEE WITHIN THE MOST 2
4057		-	RECENT 10–YEAR PERIOD THAT INCLUDES A C OPY OF THE PUBLIC OR DER; 3
4058		-
4059		-	(3) A DESCRIPTION IN SUMMA RY FORM OF ANY FINAL DISCIPLINARY 4
4060		-	ACTION TAKEN BY A LI CENSING BOARD IN ANY OTHER STATE OR JURIS DICTION 5
4061		-	AGAINST THE LICENSEE WITHIN THE MOST RECE NT 10–YEAR PERIOD IF THE BOARD 6
4062		-	KNOWS ABOUT THE DISCIPLINAR Y ACTION; 7
4063		-
4064		-	(4) A DESCRIPTION OF A CON VICTION OR ENTRY OF A PLEA OF 8
4065		-	GUILTY OR NOLO CONTE NDERE BY THE LICENSE E FOR A CRIME INVOLV ING MORAL 9
4066		-	TURPITUDE THAT IS TH E BASIS FOR DISCIPLI NARY ACTION TAKEN UN DER § 10
4067		-	14–5F–18(C) OF THIS SUBTITLE ; AND 11
4068		-
4069		-	(5) THE PUBLIC ADDRESS OF THE LICENSEE. 12
4070		-
4071		-	(C) IN ADDITION TO THE IN FORMATION REQUIRED U NDER SUBSECTION (B) 13
4072		-	OF THIS SECTION , THE BOARD SHALL INCLUDE O N EACH LICENSEE ’S PROFILE A 14
4073		-	STATEMENT OF INFORMA TION TO BE TAKEN INT O CONSIDERATION BY A CONSUMER 15
4074		-	WHEN VIEWING A LICEN SEE’S PROFILE, INCLUDING A DISCLAIM ER STATING THAT A 16
4075		-	CHARGING DOCUMENT DO ES NOT INDICATE A FI NAL FINDING OF GUILT BY A 17
4076		-	DISCIPLINARY PANEL . 18
4077		-
4078		-	(D) THE BOARD: 19
4079		-
4080		-	(1) ON RECEIPT OF A WRITT EN REQUEST FOR A LIC ENSEE’S PROFILE 20
4081		-	FROM ANY PERSON , SHALL FORWARD A WRIT TEN COPY OF THE PROF ILE TO THE 21
4082		-	PERSON; AND 22
4083		-
4084		-	(2) SHALL MAINTAIN A WEBS ITE THAT SERVES AS A SINGLE POINT OF 23
4085		-	ENTRY WHERE ALL LICE NSEE PROFILE INFORMA TION IS AVAILABLE TO THE PUBLIC 24
4086		-	ON THE INTERNET. 25
4087		-
4088		-	(E) THE BOARD SHALL PROVIDE A MECHANISM FOR THE NOTIFICA TION 26
4089		-	AND PROMPT CORRECTIO N OF ANY FACTUAL INA CCURACIES IN A LICEN SEE’S 27
4090		-	PROFILE. 28
4091		-
4092		-	(F) THE BOARD SHALL INCLUDE I NFORMATION RELATING TO CHARGES 29
4093		-	FILED AGAINST A LICE NSEE BY A DISCIPLINA RY PANEL AND ANY FIN AL 30
4094		-	DISCIPLINARY ACTION TAKEN BY A DISCIPLINARY PANEL A GAINST A LICENSEE IN 31
4095		-	THE LICENSEE’S PROFILE WITHIN 10 DAYS AFTER THE CHARG ES ARE FILED OR THE 32
4096		-	ACTION BECOMES FINAL . 33
4097		-	88 HOUSE BILL 776
4098		-
4099		-
4100		-	14–5F–21. 1
4101		-
4102		-	[(f) If, after a hearing, an individual is found in violation of § 14–5F–18 of this 2
4103		-	subtitle, the individual shall pay the costs of the hearing as specified in a regulation 3
4104		-	adopted by the Board.] 4
4105		-
4106		-	14–5F–25. 5
4107		-
4108		-	(A) A disciplinary panel may issue a cease and desist order for: 6
4109		-
4110		-	(1) Practicing naturopathic medicine without a license or with an 7
4111		-	unauthorized person; or 8
4112		-
4113		-	(2) Supervising or aiding an unauthorized person in the practice of 9
4114		-	naturopathic medicine. 10
4115		-
4116		-	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 11
4117		-	PHYSICIAN MAY NOT EM PLOY AN INDIVIDUAL P RACTICING NATUROPATH IC 12
4118		-	MEDICINE WITHOUT A L ICENSE OR W ITHOUT A COLLABORATI ON AND 13
4119		-	CONSULTATION AGREEME NT. 14
4120		-
4121		-	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 15
4122		-	RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 16
4123		-	NOT EMPLOY AN INDIVI DUAL PRACTICING NATU ROPATHIC MEDICINE WI THOUT A 17
4124		-	LICENSE OR WITHOUT A COLLABORATION AND CO NSULTATION AGREEMENT . 18
4125		-
4126		-	(D) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 19
4127		-	FOR A VIOLATION OF T HIS SECTION. 20
4128		-
4129		-	(E) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 21
4130		-	SECTION INTO THE GENERAL FUND OF THE STATE. 22
4131		-
4132		-	14–5G–05. 23
4133		-
4134		-	There is a Genetic Counseling Advisory Committee within the Board. 24
4135		-
4136		-	14–5G–06. 25
4137		-
4138		-	(a) The Committee consists of members appointed by the Board as follows: 26
4139		-
4140		-	(1) Three shall be [individuals who practice genetic counseling and who: 27
4141		-
4142		-	(i) On or before December 31, 2023, are certified genetic counselors; 28
4143		-	and 29
4144		-
4145		-	(ii) On or after January 1, 2024, are] licensed genetic counselors; 30 HOUSE BILL 776 89
4146		-
4147		-
4148		-
4149		-	(2) Three shall be [practicing] licensed physicians; and 1
4150		-
4151		-	(3) One shall be a consumer member. 2
4152		-
4153		-	(b) Each [genetic counselor member of the Committee must be: 3
4154		-
4155		-	(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 4
4156		-	BE IN good standing with the Board[; and 5
4157		-
4158		-	(2) A resident of the State who has at least 1 year of active genetic 6
4159		-	counseling experience within the 5–year period immediately preceding the date of the 7
4160		-	appointment]. 8
4161		-
4162		-	(c) The licensed physician members of the Committee must[: 9
4163		-
4164		-	(1) Be in good standing with the Board; and 10
4165		-
4166		-	(2) Have] HAVE experience working with genetic counselors. 11
4167		-
4168		-	(d) The consumer member of the Committee: 12
4169		-
4170		-	(1) Must be a member of the general public; 13
4171		-
4172		-	(2) May not be or ever have been: 14
4173		-
4174		-	(i) A genetic counselor; 15
4175		-
4176		-	(ii) Any OTHER health care professional; or 16
4177		-
4178		-	(iii) In training to be a genetic counselor or other health professional; 17
4179		-	and 18
4180		-
4181		-	(3) May not: 19
4182		-
4183		-	(i) Participate or ever have participated in a commercial or 20
4184		-	professional field related to genetic counseling; 21
4185		-
4186		-	(ii) Have a household member who participates in a commercial or 22
4187		-	professional field related to genetic counseling; [or] 23
4188		-
4189		-	(iii) Have had within 2 years before appointment a financial interest 24
4190		-	in a person regulated by the Board; OR 25
4191		-	90 HOUSE BILL 776
4192		-
4193		-
4194		-	(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
4195		-	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO GENETIC 2
4196		-	COUNSELORS OR TO THE FIELD OF GENETIC COU NSELING. 3
4197		-
4198		-	(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 4
4199		-	STATE. 5
4200		-
4201		-	[(e)] (F) (1) The term of a member is 3 years. 6
4202		-
4203		-	(2) The terms of members are staggered as required by [the terms provided 7
4204		-	for members of the Committee on January 1, 2022] REGULATION . 8
4205		-
4206		-	(3) At the end of a term, a member continues to serve until a successor is 9
4207		-	appointed and qualifies. 10
4208		-
4209		-	(4) A member may not serve more than two consecutive full terms. 11
4210		-
4211		-	(5) A member who is appointed after a term has begun serves only for the 12
4212		-	rest of the term and until a successor is appointed and qualifies. 13
4213		-
4214		-	[(f)] (G) From among its members, the Committee shall elect a chair every 2 14
4215		-	years. 15
4216		-
4217		-	[(g)] (H) A quorum of the Committee consists of five members. 16
4218		-
4219		-	14–5G–07. 17
4220		-
4221		-	[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 18
4222		-	shall: 19
4223		-
4224		-	(1) SHALL: 20
4225		-
4226		-	(1) (I) Develop and recommend to the Board [regulations]: 21
4227		-
4228		-	(I) 1. REGULATIONS to carry out this subtitle; AND 22
4229		-
4230		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 23
4231		-	PROFESSION; AND 24
4232		-
4233		-	(2) (II) [Develop and recommend to the Board a code of ethics for the 25
4234		-	practice of genetic counseling; 26
4235		-
4236		-	(3) Develop and recommend to the Board continuing education 27
4237		-	requirements for license renewal; 28
4238		-	HOUSE BILL 776 91
4239		-
4240		-
4241		-	(4) Develop and recommend to the Board criteria for individuals who are 1
4242		-	licensed to practice genetic counseling in another state or territory of the United States to 2
4243		-	become licensed in this State; 3
4244		-
4245		-	(5) Evaluate the credentials of applicants as necessary and recommend 4
4246		-	licensure of applicants who fulfill the requirements for a license to practice genetic 5
4247		-	counseling; 6
4248		-
4249		-	(6) On request, develop and recommend to the Board standards of care for 7
4250		-	the practice of genetic counseling; 8
4251		-
4252		-	(7) Provide the Board with recommendations concerning the practice of 9
4253		-	genetic counseling; 10
4254		-
4255		-	(8)] Keep a record of its [proceedings] MEETINGS; and 11
4256		-
4257		-	[(9) Submit an annual report to the Board.] 12
4258		-
4259		-	(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 13
4260		-
4261		-	(2) MAY: 14
4262		-
4263		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 15
4264		-	OF GENETIC COUNSELIN G; AND 16
4265		-
4266		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 17
4267		-	GENETIC COUNSELORS . 18
4268		-
4269		-	[(b) The Board shall: 19
4270		-
4271		-	(1) Consider all recommendations of the Committee; and 20
4272		-
4273		-	(2) Provide to the Committee an annual report on the disciplinary matters 21
4274		-	involving licensees.] 22
4275		-
4276		-	14–5G–08. 23
4277		-
4278		-	(b) This section does not apply to: 24
4279		-
4280		-	(1) [An individual] A GENETIC COUNSELOR who is employed [by the 25
4281		-	United States] IN THE SERVICE OF TH E FEDERAL government [to practice genetic 26
4282		-	counseling] while practicing within the scope of [that] THE employment; 27
4283		-
4284		-	14–5G–09. 28
4285		-	92 HOUSE BILL 776
4286		-
4287		-
4288		-	(a) To qualify for a license to practice genetic counseling, an applicant shall be an 1
4289		-	individual who meets the requirements of this section. 2
4290		-
4291		-	(b) The applicant must be of good moral character. 3
4292		-
4293		-	(c) The applicant must be at least 18 years old. 4
4294		-
4295		-	(d) The applicant must be a graduate of an appropriate education program 5
4296		-	approved by the Board. 6
4297		-
4298		-	(e) [Except as provided in subsection (f) of this section, the] THE applicant shall 7
4299		-	submit to the Board satisfactory evidence of certification by a national certifying 8
4300		-	organization approved by the Board. 9
4301		-
4302		-	(f) [If an applicant does not meet the requirement under subsection (e) of this 10
4303		-	section, the applicant may qualify for licensure if the applicant: 11
4304		-
4305		-	(1) Has worked as a genetic counselor for: 12
4306		-
4307		-	(i) At least 10 years before January 1, 2024; and 13
4308		-
4309		-	(ii) At least 5 consecutive years immediately preceding the date on 14
4310		-	which the applicant submits the application for licensure; 15
4311		-
4312		-	(2) Has graduated from an education program approved by the Board; 16
4313		-
4314		-	(3) Submits to the Board three letters of recommendation from licensed 17
4315		-	physicians who have been licensed for at least 5 years or certified genetic counselors eligible 18
4316		-	for licensure and who: 19
4317		-
4318		-	(i) Have worked with the applicant in an employment or 20
4319		-	professional setting for 3 years before the applicant submits the application for licensure; 21
4320		-	and 22
4321		-
4322		-	(ii) Can attest to the applicant’s competency in providing genetic 23
4323		-	counseling services; and 24
4324		-
4325		-	(4) Applies for initial licensure on or before December 31, 2024. 25
4326		-
4327		-	(g)] The applicant shall complete a criminal history records check in accordance 26
4328		-	with § 14–308.1 of this title. 27
4329		-
4330		-	[(h)] (G) The applicant shall meet any additional education, training, or 28
4331		-	examination requirements established by the Board. 29
4332		-
4333		-	14–5G–15. 30
4334		-	HOUSE BILL 776 93
4335		-
4336		-
4337		-	(a) A licensee shall notify the Board in writing of a change of name or address 1
4338		-	within [60] 10 30 days after the change. 2
4339		-
4340		-	14–5G–18. 3
4341		-
4342		-	(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
4343		-	on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 5
4344		-	license to any applicant, reprimand any licensee, place any licensee on probation, or 6
4345		-	suspend or revoke a license, if the applicant or licensee: 7
4346		-
4347		-	(3) Is guilty of [unprofessional or immoral]: 8
4348		-
4349		-	(I) IMMORAL conduct while practicing genetic counseling; OR 9
4350		-
4351		-	(II) UNPROFESSIONAL CONDUC T WHILE PRACTICING G ENETIC 10
4352		-	COUNSELING ; 11
4353		-
4354		-	(4) Is [professionally, physically, or mentally]: 12
4355		-
4356		-	(I) PROFESSIONALLY INCOMP ETENT; 13
4357		-
4358		-	(II) PHYSICALLY INCOMPETEN T; OR 14
4359		-
4360		-	(III) MENTALLY incompetent; 15
4361		-
4362		-	(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 16
4363		-	genetic counseling; 17
4364		-
4365		-	(15) [Knowingly] WILLFULLY practices genetic counseling with an 18
4366		-	unauthorized individual or aids an unauthorized individual in practicing genetic 19
4367		-	counseling; 20
4368		-
4369		-	(16) [Knowingly] WILLFULLY delegates a genetic counseling duty to an 21
4370		-	unlicensed individual; 22
4371		-
4372		-	(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 23
4373		-	OVERUTILIZATION OF health care services EXCESSIVE OR MEDICAL LY UNNECESSARY 24
4374		-	PROCEDURES OR TREATM ENT; 25
4375		-
4376		-	(21) [Knowingly] WILLFULLY submits false statements to collect fees for 26
4377		-	which services are not provided; 27
4378		-
4379		-	(23) [Knowingly] WILLFULLY fails to report suspected child abuse in 28
4380		-	violation of § 5–704 of the Family Law Article; 29
4381		-
4382		-	14–5G–20. 30 94 HOUSE BILL 776
4383		-
4384		-
4385		-
4386		-	(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 1
4387		-	related institutions, alternative health systems as defined in § 1–401 of this article, and 2
4388		-	employers] EACH EMPLOYER OF A L ICENSED GENETIC COUN SELOR shall [file with] 3
4389		-	SUBMIT TO the Board a report [that the hospital, related institution, alternative health 4
4390		-	system, or employer limited, reduced, otherwise changed, or terminated any licensed 5
4391		-	genetic counselor for any reason] IF: 6
4392		-
4393		-	(I) THE EMPLOYER : 7
4394		-
4395		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 8
4396		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED GENETIC COU NSELOR’S 9
4397		-	CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 10
4398		-	PATIENTS; 11
4399		-
4400		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 12
4401		-	LICENSED GENETIC COU NSELOR’S EMPLOYMENT O R STAFF MEMBERSHIP ; OR 13
4402		-
4403		-	3. ASKED THE LICENSED GE NETIC COUNSELOR TO 14
4404		-	VOLUNTARILY RESIGN B ECAUSE OF THE LICENS ED GENETIC COUNSELOR ’S 15
4405		-	CONDUCT OR WHILE THE LICENSED GENETIC COU NSELOR IS BEING INVE STIGATED; 16
4406		-	AND 17
4407		-
4408		-	(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 18
4409		-	PARAGRAPH WAS TAKEN : 19
4410		-
4411		-	1. FOR REASONS that might be grounds for disciplinary 20
4412		-	action under § 14–5G–18 of this subtitle; 21
4413		-
4414		-	2. BECAUSE THE LICENSED GENETIC COUNSELOR MA Y 22
4415		-	HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 23
4416		-
4417		-	3. BECAUSE THE LICENSED G ENETIC COUNSELOR MAY 24
4418		-	BE UNABLE TO PRACTIC E GENETIC COUNSELING WITH REASONABLE SKIL L AND 25
4419		-	SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 26
4420		-	INCOMPETENCE ; OR 27
4421		-
4422		-	4. BECAUSE THE LICENSED GENETIC COUNSELOR MA Y 28
4423		-	HAVE HARMED OR PLACED ONE OR MORE P ATIENTS OR THE PUBLI C AT 29
4424		-	UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 30
4425		-	IMMEDIATE OR CONTINU ING DANGER. 31
4426		-
4427		-	(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 32
4428		-	SUBSECTION SHALL INC LUDE: 33 HOUSE BILL 776 95
4429		-
4430		-
4431		-
4432		-	(I) THE ACTION TAKEN BY T HE EMPLOYER; 1
4433		-
4434		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 2
4435		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 3
4436		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 4
4437		-
4438		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 5
4439		-	CONDUCT OF THE LICENSED GENETIC COU NSELOR. 6
4440		-
4441		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 7
4442		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 8
4443		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 9
4444		-
4445		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 10
4446		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 11
4447		-	PROVIDE THE ADDITION AL INFORMATION . 12
4448		-
4449		-	(b) [A hospital, related institution, alternative health system, or] IF AN employer 13
4450		-	[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed genetic 14
4451		-	counselor [has committed an act or has a condition that might be grounds for reprimand or 15
4452		-	probation of the licensed genetic counselor or suspension or revocation of the license] 16
4453		-	REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT because the licensed genetic 17
4454		-	counselor is [alcohol–impaired or drug–impaired] IMPAIRED BY ALCOHOL OR ANOTHER 18
4455		-	SUBSTANCE, THE EMPLOYER is not required to report the licensed genetic counselor to 19
4456		-	the Board if: 20
4457		-
4458		-	(1) The [hospital, related institution, alternative health system, or] 21
4459		-	employer knows that the licensed genetic counselor is: 22
4460		-
4461		-	(i) In [an alcohol or drug] SUBSTANCE USE DISORD ER treatment 23
4462		-	program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 24
4463		-	Organizations] or that is certified by the Department; or 25
4464		-
4465		-	(ii) Under the care of a health care practitioner who is competent 26
4466		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 27
4467		-	and 28
4468		-
4469		-	(2) (i) The [hospital, related institution, alternative health system, or] 29
4470		-	employer is able to verify that the licensed genetic counselor remains in the treatment 30
4471		-	program until SUCCESSFUL discharge; and 31
4472		-
4473		-	(ii) The action or condition of the licensed genetic counselor has not 32
4474		-	caused injury to any person while the genetic counselor is practicing AS A LICENSED 33
4475		-	genetic [counseling] COUNSELOR . 34 96 HOUSE BILL 776
4476		-
4477		-
4478		-
4479		-	(c) (1) If the licensed genetic counselor enters, or is considering entering, an 1
4480		-	alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 2
4481		-	Accreditation of Healthcare Organizations] or that is certified by the Department, the 3
4482		-	licensed genetic counselor shall notify the hospital, related institution, alternative health 4
4483		-	system, or employer [of] WITHIN 15 DAYS AFTER the licensed genetic counselor’s decision 5
4484		-	to enter the treatment program. 6
4485		-
4486		-	[(2) If the licensed genetic counselor fails to provide the notice required 7
4487		-	under paragraph (1) of this subsection, and the hospital, related institution, alternative 8
4488		-	health system, or employer learns that the licensed genetic counselor has entered a 9
4489		-	treatment program, the hospital, related institution, alternative health system, or 10
4490		-	employer shall report to the Board that the licensed genetic counselor has entered a 11
4491		-	treatment program and has failed to provide the required notice. 12
4492		-
4493		-	(3) If the licensed genetic counselor is found to be noncompliant with the 13
4494		-	treatment program’s policies and procedures while in the treatment program, the 14
4495		-	treatment program shall notify the hospital, related institution, alternative health system, 15
4496		-	or employer of the licensed genetic counselor’s noncompliance. 16
4497		-
4498		-	(4) On receipt of the notification required under paragraph (3) of this 17
4499		-	subsection, the hospital, related institution, alternative health system, or] IF THE 18
4500		-	EMPLOYER KNOWS THAT THE LICENSED GENETIC COUNSELOR IS NONCOMP LIANT 19
4501		-	WITH THE SUBSTANCE U SE DISORDER TREATMEN T PROGRAM, THE employer of the 20
4502		-	licensed genetic counselor shall report the licensed genetic counselor’s noncompliance to 21
4503		-	the Board. 22
4504		-
4505		-	(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS 23
4506		-	SUBSECTION FOR GOOD CAUSE SHOWN . 24
4507		-
4508		-	(2) A person is not required under this section to make any report that 25
4509		-	would be in violation of any federal or State law, rule, or regulation concerning the 26
4510		-	confidentiality of [alcohol– and drug abuse–related] SUBSTANCE USE DISORD ER patient 27
4511		-	records. 28
4512		-
4513		-	(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 29
4514		-
4515		-	(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 30
4516		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVI NG ANY OF THE INFORM ATION 31
4517		-	REQUIRED BY THIS SEC TION. 32
4518		-
4519		-	[(e)] (G) [The hospital, related institution, alternative health system, or] AN 33
4520		-	employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 34
4521		-	submit the report within 10 days after [any] THE action [described in this section] 35
4522		-	REQUIRING THE REPORT . 36 HOUSE BILL 776 97
4523		-
4524		-
4525		-
4526		-	[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 1
4527		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 2
4528		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 3
4529		-	of the Board or a disciplinary panel under this title. 4
4530		-
4531		-	(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] 5
4532		-	$5,000 for failure KNOWINGLY FAILING to report under this section. 6
4533		-
4534		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 7
4535		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 8
4536		-
4537		-	(3) The Board shall remit any penalty collected under this subsection into 9
4538		-	the General Fund of the State. 10
4539		-
4540		-	14–5G–26. 11
4541		-
4542		-	(a) Except as otherwise provided in this subtitle, a licensed genetic counselor or 12
4543		-	a licensed physician may not employ or supervise an individual practicing genetic 13
4544		-	counseling without a license. 14
4545		-
4546		-	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 15
4547		-	alternative health system, or AN employer may not employ an individual practicing genetic 16
4548		-	counseling without a license. 17
4549		-
4550		-	(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 18
4551		-	violation of this section. 19
4552		-
4553		-	14–5G–27. 20
4554		-
4555		-	(a) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 21
4556		-	14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is guilty of a misdemeanor and 22
4557		-	on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 23
4558		-	or both. 24
4559		-
4560		-	(b) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 25
4561		-	14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is subject to a civil fine of not 26
4562		-	more than $5,000 to be levied by a disciplinary panel. 27
4563		-
4564		-	(c) The Board shall pay any penalty collected under this section into the Board of 28
4565		-	Physicians Fund. 29
4566		-
4567		-	14–602. 30
4568		-	98 HOUSE BILL 776
4569		-
4570		-
4571		-	(b) Except as otherwise provided in this article, a person may not use the words 1
4572		-	or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent that the 2
4573		-	person practices medicine, unless the person is: 3
4574		-
4575		-	(3) A physician employed [by] IN THE SERVICE OF the federal government 4
4576		-	while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 5
4577		-	employment; 6
4578		-
4579		-	14–606. 7
4580		-
4581		-	(a) (3) A person who is required to give notice under § 14–505 (“Reporting burn 8
4582		-	treatment”) of this title, and who fails to give the required notice, [is liable for] MAY BE 9
4583		-	SUBJECT TO a civil penalty of not more than $100. 10
4584		-
4585		-	15–103. 11
4586		-
4587		-	[(a) In this section, “alternative health care system” has the meaning stated in § 12
4588		-	1–401 of this article.] 13
4589		-
4590		-	(b) (3) (A) (1) Subject to paragraph (2) of this subsection, an employer of 14
4591		-	a physician assistant shall report to the Board, on the form prescribed by the Board, any 15
4592		-	termination of employment of the physician assistant if the cause of termination is related 16
4593		-	to a quality of care issue. 17
4594		-
4595		-	(2) Subject to subsection [(d)] (C) of this section, a physician or group of 18
4596		-	physicians that develops a collaboration agreement with a physician assistant or an 19
4597		-	employer of a physician assistant shall notify the Board within 10 days of the termination 20
4598		-	of employment of the physician assistant for reasons that would be grounds for discipline 21
4599		-	under this title. 22
4600		-
4601		-	(3) A physician or group of physicians that develops a collaboration 23
4602		-	agreement with a physician assistant or the physician assistant shall [notify the Board 24
4603		-	within 10 days of] IMMEDIATELY DOCUMENT the termination of the relationship [under 25
4604		-	a] IN THE collaboration agreement ON FILE AT THE PHYSI CIAN ASSISTANT’S PRIMARY 26
4605		-	PLACE OF BUSINESS . 27
4606		-
4607		-	[(c)] (B) (1) Except as otherwise provided under subsections [(b) and (d)] (C) 28
4608		-	AND (E) of this section, [a hospital, a related institution, an alternative health care system, 29
4609		-	or an] EACH employer of a LICENSED physician assistant shall [report] SUBMIT to the 30
4610		-	Board [any limitation, reduction, or other change of the terms of employment of the 31
4611		-	physician assistant or any termination of employment of the physician assistant for any 32
4612		-	reason that might be grounds for disciplinary action under § 15–314 of this title] A REPORT 33
4613		-	IF: 34
4614		-
4615		-	(I) THE EMPLOYER : 35 HOUSE BILL 776 99
4616		-
4617		-
4618		-
4619		-	1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 1
4620		-	DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED PHYSICIAN A SSISTANT’S 2
4621		-	CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 3
4622		-	PATIENTS; 4
4623		-
4624		-	2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 5
4625		-	LICENSED PHYSICIAN A SSISTANT’S EMPLOYME NT OR STAFF MEMBERSH IP; OR 6
4626		-
4627		-	3. ASKED THE LICENSED PH YSICIAN ASSISTANT TO 7
4628		-	VOLUNTARILY RESIGN B ECAUSE OF THE LICENS ED PHYSICIAN ASSISTA NT’S 8
4629		-	CONDUCT OR WHILE THE LICENSED PHYSICIAN A SSISTANT IS BEING IN VESTIGATED; 9
4630		-	AND 10
4631		-
4632		-	(II) THE ACTION DESCRIBED UNDER I TEM (I) OF THIS 11
4633		-	PARAGRAPH WAS TAKEN : 12
4634		-
4635		-	1. FOR REASONS THAT MIGH T BE GROUNDS FOR 13
4636		-	DISCIPLINARY ACTION UNDER § 15–314 OF THIS TITLE; 14
4637		-
4638		-	2. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 15
4639		-	HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 16
4640		-
4641		-	3. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 17
4642		-	BE UNABLE TO PRACTIC E AS A PHYSICIAN ASS ISTANT WITH REASONAB LE SKILL AND 18
4643		-	SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 19
4644		-	INCOMPETENCE ; OR 20
4645		-
4646		-	4. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 21
4647		-	HAVE HARMED OR PLACE D ONE OR MORE PATIEN TS OR THE PUBLIC AT 22
4648		-	UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 23
4649		-	IMMEDIATE OR CONTINU ING DANGER. 24
4650		-
4651		-	(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 25
4652		-	SUBSECTION SHALL INC LUDE: 26
4653		-
4654		-	(I) THE ACTION TAKEN BY THE EMP LOYER; 27
4655		-
4656		-	(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 28
4657		-	ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 29
4658		-	ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 30
4659		-
4660		-	(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 31
4661		-	CONDUCT OF THE LICEN SED PHYSICIAN ASSIST ANT. 32 100 HOUSE BILL 776
4662		-
4663		-
4664		-
4665		-	(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
4666		-	ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
4667		-	OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
4668		-
4669		-	(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UNDER 4
4670		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
4671		-	PROVIDE THE ADDITION AL INFORMATION . 6
4672		-
4673		-	[(d)] (C) [A hospital, related institution, alternative health care system, or] IF 7
4674		-	AN employer [that has reason to know that] KNOWS THAT THE CONDU CT OF a LICENSED 8
4675		-	physician assistant [has committed an action or has a condition that might be grounds for 9
4676		-	reprimand or probation of the physician assistant or suspension or revocation of the license 10
4677		-	of the physician assistant under § 15–314 of this title] REQUIRES THAT THE EM PLOYER 11
4678		-	SUBMIT A REPORT UNDE R SUBSECTION (B)(1) OF THIS SECTION because the physician 12
4679		-	assistant is [alcohol– or drug–impaired] IMPAIRED BY ALCOHOL OR ANOTHER 13
4680		-	SUBSTANCE, THE EMPLOYER is not required to report THE LICENSED PHYSICIAN 14
4681		-	ASSISTANT to the Board if: 15
4682		-
4683		-	(1) The [hospital, related institution, alternative health care system, or] 16
4684		-	employer knows that the LICENSED physician assistant is: 17
4685		-
4686		-	(i) In [an alcohol or drug] SUBSTANCE USE DISORD ER treatment 18
4687		-	program that is accredited by [the] THE Joint Commission [on the Accreditation of 19
4688		-	Healthcare Organizations] or is certified by the Department; or 20
4689		-
4690		-	(ii) Under the care of a health care practitioner who is competent 21
4691		-	and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 22
4692		-
4693		-	(2) The [hospital, related institution, alternative health care system, or] 23
4694		-	employer is able to verify that the physician assistant remains in the treatment program 24
4695		-	until SUCCESSFUL discharge; and 25
4696		-
4697		-	(3) The action or condition of the physician assistant has not caused injury 26
4698		-	to any person while the physician assistant is practicing as a licensed physician assistant. 27
4699		-
4700		-	(e) (D) (1) If the physician assistant enters, or is considering entering, an 28
4701		-	alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 29
4702		-	Accreditation of Healthcare Organizations] or that is certified by the Department, the 30
4703		-	physician assistant shall notify the hospital, related institution, alternative health care 31
4704		-	system, or employer [of] WITHIN 15 DAYS AFTER the physician assistant’s decision to 32
4705		-	enter the treatment program. 33
4706		-
4707		-	(2) If the physician assistant fails to provide the notice required under 34
4708		-	paragraph (1) of this subsection, and the hospital, related institution, alternative health 35 HOUSE BILL 776 101
4709		-
4710		-
4711		-	care system, or employer learns that the physician assistant has entered a treatment 1
4712		-	program, the hospital, related institution, alternative health care system, or employer shall 2
4713		-	report to the Board that the physician assistant has entered a treatment program and has 3
4714		-	failed to provide the required notice. 4
4715		-
4716		-	[(3) If the physician assistant is found to be noncompliant with the 5
4717		-	treatment program’s policies and procedures while in the treatment program, the 6
4718		-	treatment program shall notify the hospital, related institution, alternative health care 7
4719		-	system, or employer of the physician assistant’s noncompliance. 8
4720		-
4721		-	(4) On receipt of the notification required under paragraph (3) of this 9
4722		-	subsection, the hospital, related institution, alternative health care system, or] IF THE 10
4723		-	EMPLOYER KNOWS THAT THE LICENSED PHYSICI AN IS NONCOMPLIANT W ITH THE 11
4724		-	SUBSTANCE USE DISORDER TREATMENT P ROGRAM, THE employer of the LICENSED 12
4725		-	physician assistant shall report the LICENSED physician assistant’s noncompliance to the 13
4726		-	Board. 14
4727		-
4728		-	[(f)] (E) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS 15
4729		-	SUBSECTION FOR GOOD CAUSE SHOWN . 16
4730		-
4731		-	(2) A person is not required under this section to make any report that 17
4732		-	would be in violation of any federal or State law, rule, or regulation concerning the 18
4733		-	confidentiality of [alcohol– and drug–abuse] SUBSTANCE USE DISORD ER patient records. 19
4734		-
4735		-	(F) THE BOARD MAY ENFORCE THIS SEC TION BY SUBPOENA . 20
4736		-
4737		-	(G) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 21
4738		-	UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 22
4739		-	REQUIRED BY THIS SEC TION. 23
4740		-
4741		-	[(g)] (H) [The hospital, related institution, alternative health care system, or] 24
4742		-	AN employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION 25
4743		-	shall submit the report within 10 days [of any] AFTER THE action [described in this 26
4744		-	section] REQUIRING THE REPORT . 27
4745		-
4746		-	[(h)] (I) A report under this section is PRIVILEGED, NOT SUBJECT TO 28
4747		-	INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 29
4748		-	discovery in any civil action other than a proceeding arising out of a hearing and decision 30
4749		-	of the Board or a disciplinary panel under this title. 31
4750		-
4751		-	(i) (J) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 32
4752		-	for failure KNOWINGLY FAILING to report under this section. 33
4753		-
4754		-	(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 34
4755		-	$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 35 102 HOUSE BILL 776
4756		-
4757		-
4758		-
4759		-	(3) The Board shall pay any fees collected under this subsection into the 1
4760		-	General Fund of the State. 2
4761		-
4762		-	[(j)] (K) An employer shall make the report required under this section to the 3
4763		-	Board within 5 days after the date of termination of employment. 4
4764		-
4765		-	[(k)] (L) The Board shall adopt regulations to implement the provisions of this 5
4766		-	section. 6
4767		-
4768		-	15–201. 7
4769		-
4770		-	(a) There is a Physician Assistant Advisory Committee within the Board. 8
4771		-
4772		-	15–202. 9
4773		-
4774		-	(a) (1) The Committee shall consist of [7] SEVEN members appointed by the 10
4775		-	Board. 11
4776		-
4777		-	(2) Of the [7] SEVEN Committee members: 12
4778		-
4779		-	(i) [3] THREE shall be licensed physicians; 13
4780		-
4781		-	(ii) [3] THREE shall be licensed physician assistants; and 14
4782		-
4783		-	(iii) [1] ONE shall be a consumer. 15
4784		-
4785		-	(3) Of the licensed physician members: 16
4786		-
4787		-	(i) At least [1] ONE shall specialize in general surgery or a surgical 17
4788		-	subspecialty; and 18
4789		-
4790		-	(ii) At least [1] ONE shall specialize in internal medicine, family 19
4791		-	practice, or a similar primary care specialty. 20
4792		-
4793		-	(4) The Board shall appoint the physician assistant members from a list of 21
4794		-	names submitted by: 22
4795		-
4796		-	(i) The Maryland Academy of Physician Assistants; and 23
4797		-
4798		-	(ii) The State institutions of higher education with approved 24
4799		-	physician assistant programs. 25
4800		-
4801		-	(5) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD 26
4802		-	MUST BE IN GOOD STAN DING WITH THE BOARD. 27
4803		-	HOUSE BILL 776 103
4804		-
4805		-
4806		-	[(5)] (6) The consumer member: 1
4807		-
4808		-	(i) [Shall] MUST be a member of the general public; 2
4809		-
4810		-	(ii) May not be [a physician, former physician, physician assistant, 3
4811		-	or a person in training to become a physician or physician assistant] OR HAVE EVER BEEN : 4
4812		-
4813		-	1. A PHYSICIAN ASSISTANT ; 5
4814		-
4815		-	2. ANY OTHER HEALTH CARE PROFESSIONAL ; OR 6
4816		-
4817		-	3. IN TRAINING TO BE A P HYSICIAN ASSISTANT O R 7
4818		-	OTHER HEALTH PROFESS IONAL; AND 8
4819		-
4820		-	(iii) May not [have a household member who is a physician or 9
4821		-	physician assistant, or a person in training to become a physician assistant; and 10
4822		-
4823		-	(iv) May not have had within 2 years before appointment a 11
4824		-	substantial financial interest in a process regulated by the Board]: 12
4825		-
4826		-	1. PARTICIPATE OR EVER H AVE PARTICIPATED IN A 13
4827		-	COMMERCIAL OR PROFES SIONAL FIELD RELATED TO PHYSICIAN ASSISTA NT 14
4828		-	PRACTICE; 15
4829		-
4830		-	2. HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN 16
4831		-	A COMMERCIAL OR PROF ESSIONAL FIELD RELAT ED TO PHYSICIAN ASSI STANT 17
4832		-	PRACTICE; 18
4833		-
4834		-	3. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 19
4835		-	FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 20
4836		-
4837		-	4. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 21
4838		-	FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO PHYSICIAN 22
4839		-	ASSISTANTS OR TO THE FIELD OF PHYSICIAN ASSISTANT PRACTICE. 23
4840		-
4841		-	[(6)] (7) Each member of the Committee [shall] MUST be a resident of the 24
4842		-	State. 25
4843		-
4844		-	(b) Of the three physician members of the Committee, two shall be previously or 26
4845		-	currently serving as a patient care team physician under a collaboration agreement with a 27
4846		-	physician assistant. 28
4847		-
4848		-	(c) [(1) The physician assistant members shall be licensed as a physician 29
4849		-	assistant under this title. 30
4850		-	104 HOUSE BILL 776
4851		-
4852		-
4853		-	(2) The physician assistant members shall be currently practicing as a 1
4854		-	physician assistant or employed as a faculty member of an accredited physician assistant 2
4855		-	program. 3
4856		-
4857		-	(3)] Of the [3] THREE physician assistant members of the Committee: 4
4858		-
4859		-	[(i)] (1) At least [1 shall] ONE MUST be currently practicing in a 5
4860		-	hospital; and 6
4861		-
4862		-	[(ii)] (2) At least [1 shall] ONE MUST be currently practicing in a 7
4863		-	nonhospital setting. 8
4864		-
4865		-	(D) (1) THE TERM OF A MEMBER IS 3 YEARS. 9
4866		-
4867		-	(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 10
4868		-	REGULATION . 11
4869		-
4870		-	(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 12
4871		-	A SUCCESSOR IS APPOINTED AND QUA LIFIES. 13
4872		-
4873		-	(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 14
4874		-	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 15
4875		-	QUALIFIES. 16
4876		-
4877		-	(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 17
4878		-	TERMS. 18
4879		-
4880		-	[(d)] (E) [A] FROM AMONG ITS MEMBER S, THE Committee SHALL ELECT A 19
4881		-	chair [and a secretary shall be selected] every 2 years [by a majority vote of the membership 20
4882		-	of the Committee]. 21
4883		-
4884		-	[(e)] (F) The chair, or the chair’s designee, shall serve in an advisory capacity to 22
4885		-	the Board as a representative of the Committee. 23
4886		-
4887		-	(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
4888		-
4889		-	15–205. 25
4890		-
4891		-	[(a)] In addition to the powers set forth elsewhere in this title, the Committee[, on 26
4892		-	its initiative or on the Board’s request, may] SHALL: 27
4893		-
4894		-	(1) SHALL: 28
4895		-
4896		-	(1) (I) Recommend to the Board [regulations]: 29
4897		-	HOUSE BILL 776 105
4898		-
4899		-
4900		-	(I) 1. REGULATIONS for carrying out [the provisions of] this 1
4901		-	title; AND 2
4902		-
4903		-	(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 3
4904		-	PROFESSION; AND 4
4905		-
4906		-	(2) (II) Recommend to the Board approval, modification, or disapproval 5
4907		-	of an application for licensure OR THE PERFORMANCE O F ADVANCED DUTIES UN DER A 6
4908		-	COLLABORATION AGREEM ENT; 7
4909		-
4910		-	(3) (III) Report to the Board any conduct of a physician or group of 8
4911		-	physicians who develops a collaboration agreement with a physician assistant or a 9
4912		-	physician assistant that may be cause for disciplinary action under this title or under § 10
4913		-	14–404 of this article; [and] 11
4914		-
4915		-	(4) (IV) [Report to the Board any alleged unauthorized practice of a 12
4916		-	physician assistant] KEEP A RECORD OF ITS MEETINGS; AND 13
4917		-
4918		-	(5) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 14
4919		-
4920		-	(2) MAY: 15
4921		-
4922		-	(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 16
4923		-	OF PHYSICIAN ASSISTA NTS; AND 17
4924		-
4925		-	(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 18
4926		-	PHYSICIAN ASSISTANTS . 19
4927		-
4928		-	[(b) The Committee shall submit an annual report to the Board. 20
4929		-
4930		-	(c) (1) In addition to the duties set forth elsewhere in this title, the Board shall 21
4931		-	adopt regulations to carry out the provisions of this title. 22
4932		-
4933		-	(2) The Board shall: 23
4934		-
4935		-	(i) Consider all recommendations of the Committee; and 24
4936		-
4937		-	(ii) Provide to the Committee an annual report on the disciplinary 25
4938		-	matters involving licensees. 26
4939		-
4940		-	(3) The Board may: 27
4941		-
4942		-	(i) Investigate any alleged unauthorized practice of a physician 28
4943		-	assistant; 29
4944		-	106 HOUSE BILL 776
4945		-
4946		-
4947		-	(ii) Investigate any conduct that may be cause for disciplinary action 1
4948		-	under this title; and 2
4949		-
4950		-	(iii) On receipt of a written and signed complaint, including a referral 3
4951		-	from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 4
4952		-	office of a physician assistant, other than an office of a physician assistant in a hospital, 5
4953		-	related institution, freestanding medical facility, or freestanding birthing center, to 6
4954		-	determine compliance at that office with the Centers for Disease Control and Prevention’s 7
4955		-	guidelines on universal precautions. 8
4956		-
4957		-	(4) If the entry is necessary to carry out a duty under this subtitle, 9
4958		-	including an investigation or determination of compliance as provided under paragraph (3) 10
4959		-	of this subsection and an audit to determine compliance with the Board’s requirements 11
4960		-	with respect to physician assistant practice, the Executive Director of the Board or other 12
4961		-	duly authorized agent or investigator may enter at any reasonable hour a place of business 13
4962		-	of a licensed physician or a licensed physician assistant or public premises. 14
4963		-
4964		-	(5) (i) A person may not deny or interfere with an entry under this 15
4965		-	subsection. 16
4966		-
4967		-	(ii) A person who violates any provision of this subsection is guilty of 17
4968		-	a misdemeanor and on conviction is subject to a fine not exceeding $100.] 18
4969		-
4970		-	15–206. 19
4971		-
4972		-	(c) [(1) In fiscal year 2017 and fiscal year 2018, if the Governor does not include 20
4973		-	in the State budget at least $550,000 for the operation of the Maryland Loan Assistance 21
4974		-	Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of 22
4975		-	the Health – General Article, as administered by the Department, the Comptroller shall 23
4976		-	distribute: 24
4977		-
4978		-	(i) $550,000 of the fees received from the Board to the Department 25
4979		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
4980		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
4981		-	Article to physicians and physician assistants engaged in primary care or to medical 28
4982		-	residents specializing in primary care who agree to practice for at least 2 years as primary 29
4983		-	care physicians in a geographic area of the State that has been designated by the Secretary 30
4984		-	as being medically underserved; and 31
4985		-
4986		-	(ii) The balance of the fees to the Board of Physicians Fund. 32
4987		-
4988		-	(2) In fiscal year 2019 and each fiscal year thereafter, if the Governor does 33
4989		-	not include in the State budget at least $400,000 for the operation of the Maryland Loan 34
4990		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
4991		-	Subtitle 17 of the Health – General Article, as administered by the Maryland Higher 36
4992		-	Education Commission, the Comptroller shall distribute: 37
4993		-	HOUSE BILL 776 107
4994		-
4995		-
4996		-	(i) $400,000 of the fees received from the Board to the Department 1
4997		-	to be used to make grants under the Maryland Loan Assistance Repayment Program for 2
4998		-	Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 3
4999		-	Article to physicians and physician assistants engaged in primary care or to medical 4
5000		-	residents specializing in primary care who agree to practice for at least 2 years as primary 5
5001		-	care physicians in a geographic area of the State that has been designated by the Secretary 6
5002		-	as being medically underserved; and 7
5003		-
5004		-	(ii) The balance of the fees to the Board of Physicians Fund.] 8
5005		-
5006		-	(1) IN EACH FISCAL YEAR , IF THE DEPARTMENT DOES NOT 9
5007		-	IMPLEMENT A PERMANEN T FUNDING STRUCTURE UNDER § 24–1702(B)(1) OF THE 10
5008		-	HEALTH – GENERAL ARTICLE AND THE GOVERNOR DOES NOT INC LUDE IN THE 11
5009		-	STATE BUDGET AT LEAST $400,000 FOR THE OPERATION OF THE MARYLAND LOAN 12
5010		-	ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 13
5011		-	UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE, AS 14
5012		-	ADMINISTERED BY THE DEPARTMENT , THE COMPTROLLER SHALL DIS TRIBUTE: 15
5013		-
5014		-	(I) $400,000 OF THE FEES RECEIVED FROM THE BOARD TO THE 16
5015		-	DEPARTMENT TO BE USED TO MAKE GRANTS UNDER THE MARYLAND LOAN 17
5016		-	ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 18
5017		-	UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE TO 19
5018		-	PHYSICIANS AND PHYSI CIAN ASSISTANTS ENGA GED IN PRIMAR Y CARE OR TO 20
5019		-	MEDICAL RESIDENTS SP ECIALIZING IN PRIMAR Y CARE WHO AGREE TO PRACTICE 21
5020		-	FOR AT LEAST 2 YEARS AS PRIMARY CAR E PHYSICIANS IN A GE OGRAPHIC AREA OF 22
5021		-	THE STATE THAT HAS BEEN D ESIGNATED BY THE SECRETARY AS BEING ME DICALLY 23
5022		-	UNDERSERVED ; AND 24
5023		-
5024		-	(II) THE BALANCE OF THE FEES T O THE BOARD OF PHYSICIANS 25
5025		-	FUND. 26
5026		-
5027		-	[(3)] (2) If the Governor includes in the State budget at least the amount 27
5028		-	specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 28
5029		-	Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 29
5030		-	Subtitle 17 of the Health – General Article, as administered by the [Maryland Higher 30
5031		-	Education Commission] DEPARTMENT , the Comptroller shall distribute the fees to the 31
5032		-	Board of Physicians Fund. 32
5033		-
5034		-	15–301. 33
5035		-
5036		-	(f) Except as otherwise provided in this title, the following individuals may 34
5037		-	practice as a physician assistant without a license: 35
5038		-	108 HOUSE BILL 776
5039		-
5040		-
5041		-	(2) A physician assistant employed in the service of the federal government 1
5042		-	while [performing duties incident to that] PRACTICING WITHIN THE SCOPE OF THE 2
5043		-	employment. 3
5044		-
5045		-	15–302. 4
5046		-
5047		-	(a) A physician assistant may practice as a physician assistant only after 5
5048		-	providing notice to the Board, in a manner approved by the Board, of[: 6
5049		-
5050		-	(1) The] THE executed collaboration agreement[; and 7
5051		-
5052		-	(2) Each patient care team physician listed on the collaboration 8
5053		-	agreement]. 9
5054		-
5055		-	(j) A patient care team physician may be added or removed from a collaboration 10
5056		-	agreement by [providing notification to the Board] IMMEDIATELY DOCUMENT ING THE 11
5057		-	ADDITION OR REMOVAL IN THE COLLABORATION AGREEMENT ON FILE AT THE 12
5058		-	PHYSICIAN ASSISTANT ’S PRIMARY PLACE OF B USINESS. 13
5059		-
5060		-	15–302.1. 14
5061		-
5062		-	(g) (1) On review of the Committee’s recommendations regarding the request 15
5063		-	of a patient care team physician to delegate advanced duties as described in a collaboration 16
5064		-	agreement, the Board may modify the performance of advanced duties under a 17
5065		-	collaboration agreement if the physician assistant does not meet the applicable education, 18
5066		-	training, and experience requirements to perform the specified advanced duties. 19
5067		-
5068		-	(2) If the Board makes a modification under paragraph (1) of this 20
5069		-	subsection, the Board: 21
5070		-
5071		-	(i) Shall notify [each] THE DELEGATING patient care team 22
5072		-	physician listed in the collaboration agreement and the physician assistant in writing of 23
5073		-	the particular elements of the advanced duty approval request that were the cause for the 24
5074		-	modification; and 25
5075		-
5076		-	(ii) May not restrict the submission of an amendment to the 26
5077		-	advanced duty. 27
5078		-
5079		-	15–302.2. 28
5080		-
5081		-	(a) A patient care team physician may not delegate prescribing, dispensing, and 29
5082		-	administering of controlled dangerous substances, prescription drugs, or medical devices 30
5083		-	unless the [primary supervising] PATIENT CARE TEAM physician and physician assistant 31
5084		-	include in the collaboration agreement: 32
5085		-	HOUSE BILL 776 109
5086		-
5087		-
5088		-	(1) The authority of the physician assistant to prescribe and, if applicable, 1
5089		-	dispense controlled dangerous substances, prescription drugs, or medical devices; 2
5090		-
5091		-	(2) An attestation that all prescribing and, if applicable, dispensing 3
5092		-	activities of the physician assistant will comply with applicable federal and State law and 4
5093		-	regulations; 5
5094		-
5095		-	(3) An attestation that all medical charts or records will contain a notation 6
5096		-	of any prescriptions written or dispensed by a physician assistant in accordance with this 7
5097		-	section; 8
5098		-
5099		-	(4) An attestation that all prescriptions dispensed under this section will 9
5100		-	include the physician assistant’s name and the patient care team physician’s name, 10
5101		-	business address, and business telephone number legibly written or printed; 11
5102		-
5103		-	(5) An attestation that all prescriptions written under this section will 12
5104		-	include the physician assistant’s name, business address, and business telephone number 13
5105		-	legibly written or printed; 14
5106		-
5107		-	(6) An attestation that the physician assistant has: 15
5108		-
5109		-	(i) Passed the physician assistant national certification exam 16
5110		-	administered by the National Commission on the Certification of Physician Assistants 17
5111		-	within the previous 2 years; or 18
5112		-
5113		-	(ii) Successfully completed 8 category 1 hours of pharmacology 19
5114		-	education within the previous 2 years; and 20
5115		-
5116		-	(7) An attestation that the physician assistant has: 21
5117		-
5118		-	(i) A bachelor’s degree or its equivalent; or 22
5119		-
5120		-	(ii) Successfully completed 2 years of work experience as a physician 23
5121		-	assistant. 24
5122		-
5123		-	[(d) If a patient care team physician who has delegated authority to exercise 25
5124		-	prescriptive authority to a physician assistant subsequently restricts or removes the 26
5125		-	delegation, the patient care team physician shall notify the Board of the restriction or 27
5126		-	removal within 5 business days.] 28
5127		-
5128		-	15–303. 29
5129		-
5130		-	(a) To qualify for a license, an applicant shall: 30
5131		-
5132		-	(5) Except as provided in subsection (b) of this section, have successfully 31
5133		-	completed an educational program for physician assistants accredited by[: 32
5134		-	110 HOUSE BILL 776
5135		-
5136		-
5137		-	(i) The] THE Accreditation Review Commission on Education for 1
5138		-	the Physician Assistant[; or 2
5139		-
5140		-	(ii) If completed before 2001: 3
5141		-
5142		-	1. The Committee on Allied Health Education and 4
5143		-	Accreditation; or 5
5144		-
5145		-	2. The Commission on Accreditation of Allied Health 6
5146		-	Education Programs] OR ITS PREDECESSOR ; and 7
5147		-
5148		-	15–309. 8
5149		-
5150		-	(b) (1) [Each] A licensee shall [give] PROVIDE the Board written notice of any 9
5151		-	change of name or address within [60] 10 30 days [of the date of] AFTER the change. 10
5152		-
5153		-	15–314. 11
5154		-
5155		-	(a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary 12
5156		-	panel, on the affirmative vote of a majority of the quorum, may reprimand any physician 13
5157		-	assistant, place any physician assistant on probation, or suspend or revoke a license if the 14
5158		-	physician assistant: 15
5159		-
5160		-	(4) Is [professionally, physically, or mentally]: 16
5161		-
5162		-	(I) PROFESSIONALLY INCOMP ETENT; 17
5163		-
5164		-	(II) PHYSICALLY INCOMPETEN T; OR 18
5165		-
5166		-	(III) MENTALLY incompetent; 19
5167		-
5168		-	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF GROSS 20
5169		-	OVERUTILIZATION OF health care services EXCESSIVE OR MEDICALLY UNNECESS ARY 21
5170		-	PROCEDURES OR TREATM ENT; 22
5171		-
5172		-	(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 23
5173		-	violation of § 5–704 of the Family Law Article; 24
5174		-
5175		-	(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 25
5176		-	influences, or attempts to intimidate or influence, for the purpose of causing any person to 26
5177		-	withhold or change testimony in hearings or proceedings before the Board or a disciplinary 27
5178		-	panel or those otherwise delegated to the Office of Administrative Hearings; 28
5179		-
5180		-	(38) [By corrupt means, threats, or force, hinders] HINDERS WILLFULLY 29
5181		-	HINDERS, prevents, or otherwise delays any person from making information available to 30 HOUSE BILL 776 111
5182		-
5183		-
5184		-	the Board or a disciplinary panel in furtherance of any investigation of the Board or a 1
5185		-	disciplinary panel; 2
5186		-
5187		-	(46) Fails to comply with the requirements of the Prescription Drug 3
5188		-	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; [or] 4
5189		-
5190		-	(47) Fails to comply with any State or federal law pertaining to the practice 5
5191		-	as a physician assistant; OR 6
5192		-
5193		-	(48) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 7
5194		-	PANEL. 8
5195		-
5196		-	15–402.1. 9
5197		-
5198		-	(a) Except as otherwise provided in this subtitle, a licensed physician may not 10
5199		-	employ an individual practicing as a physician assistant who does not have a license or who 11
5200		-	has not provided notice to the Board as required under § 15–302(a) of this title. 12
5201		-
5202		-	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 13
5203		-	alternative health care system, or AN employer may not employ an individual practicing as 14
5204		-	a physician assistant who does not have a license. 15
5205		-
5206		-	(c) A disciplinary panel may impose a civil penalty in an amount not exceeding 16
5207		-	[$1,000] $5,000 for a violation of this section. 17
5208		-
5209		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
5210		-	October 1, 2025. 19
5211		-
5212		-
5213		-
5214		-
5215		-	Approved:
5216		-	________________________________________________________________________________
5217		-	Governor.
5218		-	________________________________________________________________________________
5219		-	Speaker of the House of Delegates.
5220		-	________________________________________________________________________________
5221		-	President of the Senate.
	3911	+	15–302.2. 1
	3912	+
	3913	+	(a) A patient care team physician may not delegate prescribing, dispensing, and 2
	3914	+	administering of controlled dangerous substances, prescription drugs, or medical devices 3
	3915	+	unless the [primary supervising] PATIENT CARE TEAM physician and physician assistant 4
	3916	+	include in the collaboration agreement: 5
	3917	+
	3918	+	(1) The authority of the physician assistant to prescribe and, if applicable, 6
	3919	+	dispense controlled dangerous substances, prescription drugs, or medical devices; 7
	3920	+
	3921	+	(2) An attestation that all prescribing and, if applicable, dispensing 8
	3922	+	activities of the physician assistant will comply with applicable federal and State law and 9
	3923	+	regulations; 10
	3924	+
	3925	+	(3) An attestation that all medical charts or records will contain a notation 11
	3926	+	of any prescriptions written or dispensed by a physician assistant in accordance with this 12
	3927	+	section; 13
	3928	+
	3929	+	(4) An attestation that all prescriptions dispensed under this section will 14
	3930	+	include the physician assistant’s name and the patient care team physician’s name, 15
	3931	+	business address, and business telephone number legibly written or printed; 16
	3932	+
	3933	+	(5) An attestation that all prescriptions written under this section will 17
	3934	+	include the physician assistant’s name, business address, and business telephone number 18
	3935	+	legibly written or printed; 19
	3936	+
	3937	+	(6) An attestation that the physician assistant has: 20
	3938	+
	3939	+	(i) Passed the physician assistant national certification exam 21
	3940	+	administered by the National Commission on the Certification of Physician Assistants 22
	3941	+	within the previous 2 years; or 23
	3942	+
	3943	+	(ii) Successfully completed 8 category 1 hours of pharmacology 24
	3944	+	education within the previous 2 years; and 25
	3945	+
	3946	+	(7) An attestation that the physician assistant has: 26
	3947	+
	3948	+	(i) A bachelor’s degree or its equivalent; or 27
	3949	+
	3950	+	(ii) Successfully completed 2 years of work experience as a physician 28
	3951	+	assistant. 29
	3952	+
	3953	+	[(d) If a patient care team physician who has delegated authority to exercise 30
	3954	+	prescriptive authority to a physician assistant subsequently restricts or removes the 31
	3955	+	delegation, the patient care team physician shall notify the Board of the restriction or 32
	3956	+	removal within 5 business days.] 33
	3957	+	HOUSE BILL 776 85
	3958	+
	3959	+
	3960	+	15–303. 1
	3961	+
	3962	+	(a) To qualify for a license, an applicant shall: 2
	3963	+
	3964	+	(5) Except as provided in subsection (b) of this section, have successfully 3
	3965	+	completed an educational program for physician assistants accredited by[: 4
	3966	+
	3967	+	(i) The] THE Accreditation Review Commission on Education for 5
	3968	+	the Physician Assistant[; or 6
	3969	+
	3970	+	(ii) If completed before 2001: 7
	3971	+
	3972	+	1. The Committee on Allied Health Education and 8
	3973	+	Accreditation; or 9
	3974	+
	3975	+	2. The Commission on Accreditation of Allied Health 10
	3976	+	Education Programs] OR ITS PREDECESSOR ; and 11
	3977	+
	3978	+	15–309. 12
	3979	+
	3980	+	(b) (1) [Each] A licensee shall [give] PROVIDE the Board written notice of any 13
	3981	+	change of name or address within [60] 10 days [of the date of] AFTER the change. 14
	3982	+
	3983	+	15–314. 15
	3984	+
	3985	+	(a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary 16
	3986	+	panel, on the affirmative vote of a majority of the quorum, may reprimand any physician 17
	3987	+	assistant, place any physician assistant on probation, or suspend or revoke a license if the 18
	3988	+	physician assistant: 19
	3989	+
	3990	+	(4) Is [professionally, physically, or mentally]: 20
	3991	+
	3992	+	(I) PROFESSIONALLY INCOMP ETENT; 21
	3993	+
	3994	+	(II) PHYSICALLY INCOMPETEN T; OR 22
	3995	+
	3996	+	(III) MENTALLY incompetent; 23
	3997	+
	3998	+	(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF GROSS 24
	3999	+	OVERUTILIZATION OF health care services; 25
	4000	+
	4001	+	(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 26
	4002	+	violation of § 5–704 of the Family Law Article; 27
	4003	+
	4004	+	(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 28
	4005	+	influences, or attempts to intimidate or influence, for the purpose of causing any person to 29 86 HOUSE BILL 776
	4006	+
	4007	+
	4008	+	withhold or change testimony in hearings or proceedings before the Board or a disciplinary 1
	4009	+	panel or those otherwise delegated to the Office of Administrative Hearings; 2
	4010	+
	4011	+	(38) [By corrupt means, threats, or force, hinders] HINDERS, prevents, or 3
	4012	+	otherwise delays any person from making information available to the Board or a 4
	4013	+	disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel; 5
	4014	+
	4015	+	(46) Fails to comply with the requirements of the Prescription Drug 6
	4016	+	Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; [or] 7
	4017	+
	4018	+	(47) Fails to comply with any State or federal law pertaining to the practice 8
	4019	+	as a physician assistant; OR 9
	4020	+
	4021	+	(48) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 10
	4022	+	PANEL. 11
	4023	+
	4024	+	15–402.1. 12
	4025	+
	4026	+	(a) Except as otherwise provided in this subtitle, a licensed physician may not 13
	4027	+	employ an individual practicing as a physician assistant who does not have a license or who 14
	4028	+	has not provided notice to the Board as required under § 15–302(a) of this title. 15
	4029	+
	4030	+	(b) Except as otherwise provided in this subtitle, a hospital, related institution, 16
	4031	+	alternative health care system, or employer may not employ an individual practicing as a 17
	4032	+	physician assistant who does not have a license. 18
	4033	+
	4034	+	(c) A disciplinary panel may impose a civil penalty in an amount not exceeding 19
	4035	+	[$1,000] $5,000 for a violation of this section. 20
	4036	+
	4037	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
	4038	+	October 1, 2025. 22
	4039	+