EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0148*
SENATE BILL 148
C3 (5lr1598)
ENROLLED BILL
— Education, Energy, and the Environment/Economic Matters —
Introduced by Senator Ellis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
State Board of Public Accountancy – Emeritus Status 2
FOR the purpose of authorizing the State Board of Public Accountancy to place a licensee 3
on emeritus status under certain circumstances; requiring the Board to reinstate the 4
license of an individual who is on emeritus status under certain circumstances; and 5
generally relating to the State Board of Public Accountancy and emeritus status. 6
BY repealing and reenacting, with amendments, 7
Article – Business Occupations and Professions 8
Section 2–311(a), 2–314, 2–601, and 2–603 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2024 Supplement) 11
BY adding to 12
Article – Business Occupations and Professions 13 2 SENATE BILL 148
Section 2–313.1 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Business Occupations and Professions 6
2–311. 7
(a) (1) THIS SUBSECTION DOES NOT APPLY TO A CERTI FIED PUBLIC 8
ACCOUNTANT WHO IS ON EMERITUS STATUS UNDE R § 2–313.1 OF THIS SUBTITLE. 9
(2) Unless a license is renewed for a 2–year term as provided in this 10
section, the license expires on the first December 31 that comes: 11
[(1)] (I) after the effective date of the license; and 12
[(2)] (II) in an even–numbered year. 13
2–313.1. 14
(A) THE BOARD MAY PLACE A LIC ENSEE ON EMERITUS ST ATUS, IF THE 15
LICENSEE SUBMITS TO THE BOARD AN APPLICATION FOR EMERITUS STATUS ON THE 16
FORM REQUIRED BY THE BOARD. 17
(B) THE BOARD SHALL PLACE A L ICENSEE ON EMERITUS STATUS IF THE 18
INDIVIDUAL: 19
(1) HAS AN ACTIVE OR INA CTIVE LICENSE TO PRA CTICE CERTIFIED 20
PUBLIC ACCOUNTANCY U NDER THIS SUBTIT LE; 21
(2) IS NOT UNDER INVESTI GATION BY THE BOARD FOR A VIOLATION 22
OF THIS TITLE OR A COMPARABLE BODY OF ANOTHER STATE FOR A VIOLATION OF A 23
PROVISION THAT IS CO MPARABLE TO A PROVIS ION OF THIS TITLE; 24
(3) IS NOT THE SUBJECT O F A PENDING DISCIPLI NARY ACTIO N 25
RELATED TO THE PRACT ICE OF CERTIFIED PUB LIC ACCOUNTANCY IN T HE STATE OR 26
ANOTHER STATE ; 27
(4) (I) 1. HAS PRACTICED PUBLIC ACCOUNTANCY IN THE 28
STATE FOR AT LEAST 20 YEARS 6 YEARS AS AN ACTIVE C ERTIFIED PUBLIC 29
ACCOUNTANT 20 YEARS; AND 30
SENATE BILL 148 3
2. IS AT LEAST 60 YEARS OLD; OR 1
(II) HAS AT LEAST 40 YEARS OF EXPERIENCE AS A CERTIFIED 2
PUBLIC ACCOUNTANT ; AND 3
(5) ATTESTS THAT: 4
(I) THE INDIVIDUAL IS RE TIRED AND IS NO LONG ER ACTIVELY 5
PRACTICING PUBLIC AC COUNTANCY IN THE STATE; AND 6
(II) THE INDIVIDUAL WILL NOT PROVIDE OR BE COMPENSATED 7
FOR CERTIFIED PUBLIC ACC OUNTANCY SERVICES UN LESS REINSTATED IN 8
ACCORDANCE WITH § 2–314 OF THIS SUBTITLE . 9
(C) THE BOARD SHALL REVIEW AN APPLICATION SUBMITTE D UNDER THIS 10
SECTION WITHIN 60 90 60 DAYS OF RECE IPT OF THE APPLICATI ON. 11
(D) IF THE BOARD APPROVES AN APP LICATION FOR EMERITU S STATUS 12
UNDER THIS SECTION , THE BOARD SHALL SEND THE LICENSEE: 13
(1) WRITTEN NOTICE OF TH E APPROVAL; AND 14
(2) A CERTIFICATE OF EME RITUS STATUS. 15
(E) A LICENSEE ON EMERITUS STATUS IS EXEMPT FRO M: 16
(1) THE CONTINUING EDUCA TION REQUIREMENTS UN DER § 2–312 OF 17
THIS SUBTITLE; AND 18
(2) THE REINSTATEMENT FE E UNDER § 2–341 § 2–314 OF THIS 19
SUBTITLE. 20
2–314. 21
In accordance with its regulations, the Board may reinstate the license of an 22
individual who has failed to renew the license for any reason OR IS ON EMERITUS ST ATUS 23
UNDER § 2–313.1 OF THIS SUBTITLE if the individual: 24
(1) otherwise is entitled to be licensed; AND 25
(2) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , 26
complies with each continuing education requirement that the Board sets for this purpose; 27
and 28
4 SENATE BILL 148
(3) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , 1
EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE , complies with each 2
continuing education requirement that the Board sets for this purpose; and 3
(3) EXCEPT AS PROVIDED U NDER § 2–313.1 OF THIS SUBTITLE, pays to 4
the Board a reinstatement fee set by the Board. 5
2–601. 6
Except as otherwise provided in this title[,]: 7
(1) a person may not practice, attempt to practice, or offer to practice 8
certified public accountancy in the State unless licensed by the Board or qualified for a 9
practice privilege under § 2–321 of this title; AND 10
(2) A LICENSEE ON EMERIT US STATUS UNDER § 2–313.1 OF THIS 11
TITLE MAY NOT: 12
(I) PRACTICE, ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE 13
CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE IN THE STATE; 14
(II) SIGN OR CERTIFY FINA NCIAL STATEMENTS , TAX RETURNS , 15
OR AUDIT REPORTS ; OR 16
(III) PROVIDE ATTESTATION SERVICES. 17
2–603. 18
(a) Subject to subsection (b) of this section and unless authorized under this title 19
to practice certified public accountancy, a person may not represent to the public, by use of 20
a title, including “licensed certified public accountant”, “certified public accountant”, “public 21
accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, 22
methods, or procedures, or otherwise, that the person is authorized to practice certified 23
public accountancy in the State. 24
(b) Subsection (a) of this section does not prohibit: 25
(1) the description of a principal, officer, or employee of an organization by 26
the position, title, or office that the individual holds in the organization; [or] 27
(2) THE DESCRIPTION OF A LICENSEE WHO IS ON E MERITUS STATUS 28
UNDER § 2–313.1 OF THIS TITLE , PROVIDED THAT THE LI CENSEE DOES NOT 29
REPRESENT TO THE PUB LIC THAT THE LICENSE E IS AUTHORIZED TO P RACTICE 30
CERTIFIED PUBLIC ACC OUNTANCY IN THE STATE; OR 31
SENATE BILL 148 5
[(2)] (3) a partnership, limited liability company, or corporation that 1
holds a permit or is exempt from the permit requirement under § 2–401 of this title from 2
using, in connection with the name of the partnership, limited liability company, or 3
corporation, any of the terms or the abbreviation to which subsection (a) of this section 4
refers. 5
(c) (1) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 6
PARAGRAPH , THE display, distribution, or other use by a person of the person’s name, in 7
conjunction with any of the following list of titles or abbreviations in a card, sign, 8
advertisement, directory listing, or other instrument or device, is, in any proceeding under 9
this title, prima facie evidence that the person represents to the public that the person is 10
authorized to practice certified public accountancy: 11
[(i)] 1. “licensed certified public accountant”; 12
[(ii)] 2. “certified public accountant”; 13
[(iii)] 3. “public accountant”; 14
[(iv)] 4. “auditor”; or 15
[(v)] 5. an abbreviation of any of these titles. 16
(II) A LICENSEE WHO IS ON E MERITUS STATUS UNDER § 2–313.1 17
OF THIS TITLE MAY US E THE WORDS “CERTIFIED PUBLIC ACC OUNTANT EMERITUS ” 18
OR THE ABBREVIATION “CPA EMERITUS” TO DESCRIBE THE OCCU PATION OF THE 19
INDIVIDUAL, PROVIDED THAT THE LI CENSEE DOES NOT REPRESEN T TO THE PUBLIC 20
THAT THE LICENSEE IS AUTHORIZED TO PRACTI CE CERTIFIED PUBLIC 21
ACCOUNTANCY IN THE STATE. 22
(2) In a proceeding under this title, evidence of a single representation 23
described in paragraph (1) of this subsection is, without evidence of a general course of 24
conduct, adequate to justify a finding that a person has represented to the public that the 25
person is authorized to practice certified public accountancy in the State. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
1, 2025. 28