EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0423*
SENATE BILL 423
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By: Senator Beidle
Introduced and read first time: January 20, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Practice Act and Maryland Physician Assistants Act – 2
Revisions 3
FOR the purpose of repealing obsolete and redundant language in, clarifying language in, 4
and making language consistent across certain provisions of law governing the State 5
Board of Physicians and the regulation of physicians, physician assistants, and allied 6
health professionals; altering certain licensure requirements; altering physician, 7
physician assistant, and allied health professional licensure exceptions for 8
individuals in the service of the federal government; altering the grounds for 9
discipline for physicians, physician assistants, and allied health professionals; 10
altering certain disciplinary procedures; altering the duties and power of the Board, 11
disciplinary panels, and the allied health advisory committees; authorizing the 12
Board to impose certain administrative penalties under certain circumstances; 13
altering, establishing, and repealing certain reporting and notification 14
requirements; establishing certain membership requirements, term limits, and the 15
quorums for the allied health advisory committees; altering and establishing 16
prohibitions related to the employment of unlicensed individuals; altering certain 17
fines; and generally relating to the State Board of Physicians and the regulation of 18
physicians, physician assistants, and allied health professionals. 19
BY repealing and reenacting, with amendments, 20
Article – Health Occupations 21
Section 14–101, 14–205(b)(2) and (3) and (c), 14–206(d) and (e), 14–207, 22
14–302(2)(iii)4. and (3), 14–306(g)(1)(iii)2., 14–307(e) and (h), 14–308, 14–309, 23
14–315(b), 14–316(a)(3), (b)(1), (c)(1), (d)(1), and (f), 14–317, 14–401(a), 24
14–401.1(a)(5) and (f), 14–402, 14–403(a), 14–404(a)(4), (19), (25), (37), (38), 25
(45), and (46), 14–405(a), 14–409(a), 14–411, 14–411.1(c) and (d)(2), 14–413, 26
14–5A–01(c), 14–5A–05, 14–5A–06, 14–5A–07, 14–5A–08(b)(1), 14–5A–14(a), 27
14–5A–17(a)(3), (4), (14), (15), (19), and (21), 14–5A–18(c)(1) and (g)(1), 28
14–5A–22.1(c), 14–5A–23, 14–5B–05, 14–5B–06, 14–5B–08(b)(1), 14–5B–11, 29
14–5B–12.1(a), 14–5B–14(a)(3), (4), (14), (15), (19), and (21), 14–5B–15(c)(1) 30 2 SENATE BILL 423
and (g)(1), 14–5B–18.1(c), 14–5B–19, 14–5C–01(c), 14–5C–05, 14–5C–06, 1
14–5C–07, 14–5C–08(b) and (c), 14–5C–14.1(a), 14–5C–17(a)(3), (4), (14), (15), 2
(16), (20), and (22), 14–5C–18(c)(1) and (g)(1), 14–5C–23, 14–5D–05, 3
14–5D–06, 14–5D–07(b)(1), 14–5D–10(a), 14–5D–11.1(c), 14–5D–12.1(a), 4
14–5D–14(a)(3), (4), (14), (15), (19), and (21), 14–5E–06, 14–5E–07, 5
14–5E–08(b), 14–5E–14(a)(1), 14–5E–16(a)(3), (4), (14), (15), (16), (20), and 6
(22), 14–5E–18(c)(1) and (g)(1), 14–5F–07, 14–5F–08, 14–5F–10(b)(1), 7
14–5F–12, 14–5F–15.1(a), 14–5F–18(a)(2), (19), and (21), 14–5F–19, 8
14–5F–25, 14–5G–06, 14–5G–07, 14–5G–08(b)(1), 14–5G–09, 14–5G–15(a), 9
14–5G–18(a)(3), (4), (14), (15), (16), (17), (21), and (23), 14–5G–20(c)(1) and 10
(g)(1), 14–5G–26(c), 14–5G–27, 14–602(b)(3), 14–606(a)(3), 15–103(b)(3), 11
(e)(1), and (i)(1), 15–202, 15–205, 15–206(c), 15–301(f)(2), 15–302(a) and (j), 12
15–302.1(g), 15–302.2(a), 15–303(a)(5), 15–309(b)(1), 15–314(a)(4), (19), (25), 13
(37), (38), (46), and (47), and 15–402.1(c) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2024 Supplement) 16
BY repealing 17
Article – Health Occupations 18
Section 14–101.1, 14–414, 14–5C–10, 14–5F–20, 14–5F–21(f), and 15–302.2(d) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2024 Supplement) 21
BY adding to 22
Article – Health Occupations 23
Section 14–205(d) and (e), 14–208, 14–404(a)(47), 14–414, 14–5D–11.5, 14–5E–22.1, 24
14–5F–12.1, 14–5F–12.2, 14–5F–20, and 15–314(a)(48) 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2024 Supplement) 27
BY repealing and reenacting, without amendments, 28
Article – Health Occupations 29
Section 14–5A–01(a), 14–5A–22.1(a) and (b), 14–5B–18.1(a) and (b), 14–5C–01(a), 30
14–5D–04, 14–5E–05, 14–5F–06, 14–5G–05, 14–5G–26(a) and (b), 31
15–103(e)(2), 15–201(a), and 15–402.1(a) and (b) 32
Annotated Code of Maryland 33
(2021 Replacement Volume and 2024 Supplement) 34
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35
That the Laws of Maryland read as follows: 36
Article – Health Occupations 37
14–101. 38
(a) In this title the following words have the meanings indicated. 39
SENATE BILL 423 3
(A–1) “ADVISORY COMMITTEE ” MEANS A COMMITTEE AP POINTED BY THE 1
BOARD THAT INCLUDES MEMBERS OF A PROFESSION REGULATED UNDER THIS 2
TITLE OR TITLE 15 OF THIS ARTICLE AND FORMED TO: 3
(1) FURTHER THE BOARD’S REGULATION OF APPL ICANTS AND 4
LICENSEES OF THE REGULATED PROFESSION; 5
(2) ASSIST THE BOARD IN PROTECTING T HE HEALTH, SAFETY, AND 6
WELFARE OF THE PUBLI C; AND 7
(3) MAKE RECOMMENDATIONS ABOUT THE REGULATED PROFESSION 8
TO THE BOARD ON REQUEST . 9
[(a–1)] (A–2) “Allied health professional” means an individual licensed by the 10
Board under Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, OR 5G of this title or Title 15 of this 11
article. 12
(A–3) “ALTERNATIVE HEALTH SY STEM” HAS THE MEANING STAT ED IN § 1–401 13
OF THIS ARTICLE. 14
(A–4) “APPLICANT” MEANS, UNLESS THE CONTEXT R EQUIRES OTHERWISE , AN 15
INDIVIDUAL APPLYING FOR INITIAL LICENSUR E, RENEWAL, OR REINSTATEMENT AS 16
A PHYSICIAN OR AN AL LIED HEALTH PROFESSI ONAL IN THE STATE. 17
(b) “Board” means the State Board of Physicians. 18
(c) “Board certified” means the physician is certified by a public or private board, 19
including a multidisciplinary board, and the certifying board: 20
(1) Is: 21
(i) A member of the American Board of Medical Specialties; 22
(ii) An American Osteopathic Association certifying board; 23
(iii) The Royal College of Physicians and Surgeons of Canada; or 24
(iv) The College of Family Physicians of Canada; OR 25
(2) [Has been approved by the Board under § 14–101.1 of this subtitle; or 26
(3)] Requires that, in order to be certified, the physician: 27
(i) Complete a postgraduate training program that: 28
4 SENATE BILL 423
1. Provides complete training in the specialty or 1
subspecialty; and 2
2. Is accredited by the Accreditation Council for Graduate 3
Medical Education or the American Osteopathic Association; and 4
(ii) Be certified by: 5
1. The member board of the American Board of Medical 6
Specialties; 7
2. The American Osteopathic Association in the training 8
field; 9
3. The Royal College of Physicians and Surgeons of Canada; 10
or 11
4. The College of Family Physicians of Canada. 12
(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 13
2A of the Courts Article. 14
(d–1) “Compact physician” means a physician licensed under the Interstate Medical 15
Licensure Compact established under § 14–3A–01 of this title. 16
(e) (1) “Cosmetic surgical procedure” means the use of surgical services to 17
reshape the structure of a human body in order to change the appearance of an individual. 18
(2) Except as provided in paragraph (3) of this subsection, “cosmetic 19
surgical procedure” does not include: 20
(i) A procedure done under local anesthesia or mild sedation; or 21
(ii) Liposuction that removes less than 1,000 cubic centimeters of 22
aspirate. 23
(3) “Cosmetic surgical procedure” includes any procedure under paragraph 24
(2) of this subsection that, under the circumstances established by the Secretary in 25
regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a 26
cosmetic surgical procedure. 27
(e–1) “Disciplinary panel” means a disciplinary panel of the Board established 28
under § 14–401 of this title. 29
(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. 30
SENATE BILL 423 5
(g) “License” means, unless the context requires otherwise, a license issued by the 1
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 2
BOARD. 3
(h) “Licensed physician” means, unless the context requires otherwise, a 4
physician, including a doctor of osteopathy, who is licensed by the Board to practice 5
medicine. 6
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 7
issued], including an individual practicing medicine within or as a professional corporation 8
or professional association. 9
(j) “MedChi” means the Maryland State Medical Society. 10
(k) “Mild sedation” means a drug–induced state during which: 11
(1) A patient is able to respond to verbal commands; 12
(2) A patient’s ventilatory and cardiovascular functions are not affected; 13
and 14
(3) A patient’s cognitive function and coordination may be impaired. 15
(l) “Perform acupuncture” means to stimulate a certain point or points on or near 16
the surface of the human body by the insertion of needles to prevent or modify the 17
perception of pain or to normalize physiological functions, including pain control, for the 18
treatment of ailments or conditions of the body. 19
(m) “Physician” means an individual who practices medicine. 20
[(n) “Physician Rehabilitation Program” means the program of the Board or the 21
nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that 22
evaluates and provides assistance to impaired physicians and other health professionals 23
regulated by the Board who are directed by the Board to receive treatment and 24
rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental 25
conditions.] 26
(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVID UAL LICENSED UNDER 27
TITLE 15 OF THIS ARTICLE TO P RACTICE AS A PHYSICI AN ASSISTANT. 28
(o) (1) “Practice medicine” means to engage, with or without compensation, in 29
medical: 30
(i) Diagnosis; 31
(ii) Healing; 32 6 SENATE BILL 423
(iii) Treatment; or 1
(iv) Surgery. 2
(2) “Practice medicine” includes doing, undertaking, professing to do, and 3
attempting any of the following: 4
(i) Diagnosing, healing, treating, preventing, prescribing for, or 5
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 6
1. By physical, mental, emotional, or other process that is 7
exercised or invoked by the practitioner, the patient, or both; or 8
2. By appliance, test, drug, operation, or treatment; 9
(ii) Ending of a human pregnancy; and 10
(iii) Performing acupuncture as provided under § 14–504 of this title. 11
(3) “Practice medicine” does not include: 12
(i) Selling any nonprescription drug or medicine; 13
(ii) Practicing as an optician; or 14
(iii) Performing a massage or other manipulation by hand, but by no 15
other means. 16
(p) “Registered cardiovascular invasive specialist” means an individual who is 17
credentialed by Cardiovascular Credentialing International or another credentialing body 18
approved by the Board to assist in cardiac catheterization procedures IN A HOSPITAL 19
under the direct, in–person supervision of a licensed physician. 20
(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 21
OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 22
14–401.1(G) OF THIS TITLE THAT E VALUATES AND PROVIDES AS SISTANCE TO 23
IMPAIRED PHYSICIANS AND ALLIED HEALTH PROFESSIONALS WHO ARE DIRECTED 24
BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR ALCOHOLISM , 25
CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR MENTAL 26
CONDITIONS. 27
[(q)] (R) “Related institution” has the meaning stated in § 19–301 of the Health 28
– General Article. 29
[14–101.1. 30 SENATE BILL 423 7
The Board may approve a public or private board including a multidisciplinary board 1
as a certifying board only if the certifying board requires that, in order to be certified, a 2
physician: 3
(1) Complete a postgraduate training program that: 4
(i) Provides complete training in the specialty or subspecialty being 5
certified; and 6
(ii) Is accredited by the Accreditation Council for Graduate Medical 7
Education or the American Osteopathic Association; and 8
(2) Be certified by the American Board of Medical Specialties or the 9
American Osteopathic Association in the same training field.] 10
14–205. 11
(b) (2) The Board or a disciplinary panel may investigate an alleged violation 12
of this title AND TITLE 15 OF THIS ARTICLE . 13
(3) Subject to the Administrative Procedure Act and the hearing provisions 14
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 15
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 16
applicant’s license for: 17
(i) Any of the reasons that are grounds for action under § 14–404, § 18
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, [or] § 14–5F–18, OR § 19
14–5G–18 of this title, as applicable; or 20
(ii) Failure to complete a criminal history records check in 21
accordance with § 14–308.1 of this title. 22
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 23
shall: 24
(i) Issue, for use in other jurisdictions, a certificate of professional 25
standing AND A VERIFICATION O F LICENSE STATUS to any [licensed physician] 26
LICENSEE; and 27
(ii) Keep a list of all PENDING license applicants. 28
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 29
are currently licensed. 30
8 SENATE BILL 423
(ii) The list shall include each [physician’s] LICENSEE’S designated 1
public address. 2
(iii) A [physician’s] LICENSEE’S designated public address may be a 3
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 4
under paragraph (3) of this subsection, that is not a post office box. 5
(iv) [Each list prepared under this paragraph shall be kept as a 6
permanent record of the Board. 7
(v)] The list of [currently licensed physicians] CURRENT 8
LICENSEES is a public record. 9
(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 10
LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, to 11
facilitate communication between the [physician] LICENSEE and the Board. 12
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 13
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 14
at the time of initial licensure and license renewal. 15
(iii) A [physician] LICENSEE shall designate an address where the 16
Board may send the [physician] LICENSEE mail. 17
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 18
a public record and may not be released by the Board. 19
(D) THE BOARD MAY NOT REL EASE A LIST OF APPLI CANTS FOR LICENSURE . 20
(E) EXCEPT AS OTHERWISE SPECIFIED IN STATUTE, THE BOARD MAY ADOPT 21
REGULATIONS REGARDIN G ADVISORY COMMITTEE S ESTABLISHED UNDER THIS 22
TITLE AND TITLE 15 OF THIS ARTICLE GOVE RNING: 23
(1) THE TERM OF OFFICE FO R MEMBER S; 24
(2) THE PROCEDURES FOR FI LLING VACANCIES ON A N ADVISORY 25
COMMITTEE ; 26
(3) THE REMOVAL OF MEMBER S; AND 27
(4) THE DUTIES OF EACH OF FICER. 28
14–206. 29
SENATE BILL 423 9
(d) (1) If the entry is necessary to carry out a duty under this title OR TITLE 1
15 OF THIS ARTICLE , the Board’s executive director or other duly authorized agent or 2
investigator of the Board may enter at any reasonable hour: 3
(i) A place of business of a [licensed physician] LICENSEE; or 4
(ii) Public premises. 5
(2) A person may not deny or interfere with an entry under this subsection. 6
(3) A person who violates [any provision of] this subsection is guilty of a 7
misdemeanor and on conviction is subject to a fine [not exceeding $100] OF $1,000. 8
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 9
relief against an individual for: 10
(1) Practicing a profession regulated under this title or Title 15 of this 11
article without a license OR WITH AN UNAUTHORI ZED PERSON; 12
(2) Representing to the public, by title, description of services, methods, 13
procedures, or otherwise, that the individual is authorized to practice: 14
(i) Medicine in this State, in violation of § 14–602 of this title; 15
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 16
title; 17
(iii) Radiation therapy, radiography, nuclear medicine technology, or 18
radiation assistance in this State, in violation of § 14–5B–18 of this title; 19
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 20
title; 21
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 22
this title; 23
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 24
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 25
of this title; [or] 26
(VIII) GENETIC COUNSEL ING IN THIS STATE, IN VIOLATION OF § 27
14–5G–24 OF THIS TITLE; OR 28
[(viii)] (IX) As a physician assistant in this State, in violation of § 29
15–402 of this article; or 30 10 SENATE BILL 423
(3) Taking any action: 1
(i) For which a disciplinary panel determines there is a 2
preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 3
14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, OR § 14–5G–18 of this title OR § 4
15–415 OF THIS ARTICLE ; and 5
(ii) That poses a serious risk to the health, safety, and welfare of a 6
patient. 7
14–207. 8
(a) There is a Board of Physicians Fund. 9
(b) (1) The Board may set reasonable fees for the issuance and renewal of 10
licenses and its other services PROVIDED TO APPLICAN TS OR LICENSEES . 11
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 12
FUNDS TO approximate the cost of maintaining the Board, THE LICENSE PROGRAMS 13
UNDER THIS TITLE AND TITLE 15 OF THIS ARTICLE , AND THE OTHER SERVIC ES IT 14
PROVIDES TO APPLICAN TS AND LICENSEES , including the cost of providing a 15
rehabilitation program [for physicians] under § 14–401.1(g) of this title. 16
(3) Funds to cover the compensation and expenses of the Board members 17
shall be generated by fees set under this section. 18
(4) A FEE COLLECTED UNDER THIS SECTION, THIS TITLE, OR TITLE 19
15 OF THIS ARTICLE SHALL BE USED TO COV ER THE ACTUAL DOCUME NTED DIRECT 20
AND INDIRECT COSTS O F FULFILLING THE STA TUTORY AND REGULATOR Y DUTIES 21
OF THE BOARD ESTABLISHED UND ER THIS TITLE AND TITLE 15 OF THIS ARTICLE 22
FOR THE PRACTITIONER TYPE OF THE APPLICANT OR LIC ENSEE FROM WHOM THE 23
FEE WAS COLLECTED . 24
(c) The Board shall pay all fees collected under [the provisions of] this title to the 25
Comptroller of the State. 26
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 27
include in the State budget at least $400,000 for the operation of the Maryland Loan 28
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 29
Subtitle 17 of the Health – General Article, as administered by the Department, the 30
Comptroller shall distribute: 31
(i) $400,000 of the fees received from the Board to the Department 32
to be used to make grants under the Maryland Loan Assistance Repayment Program for 33
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 34 SENATE BILL 423 11
Article to physicians and physician assistants engaged in primary care or to medical 1
residents specializing in primary care who agree to practice for at least 2 years as primary 2
care physicians in a geographic area of the State that has been designated by the Secretary 3
as being medically underserved; and 4
(ii) The balance of the fees to the Board of Physicians Fund. 5
(2) In fiscal year 2022, if the Governor does not include in the State budget 6
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 7
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 8
Article, as administered by the Department, the Comptroller shall distribute: 9
(i) $1,000,000 of the fees received from the Board to the Department 10
to be used to make grants under the Maryland Loan Assistance Repayment Program for 11
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 12
Article to physicians and physician assistants engaged in primary care or to medical 13
residents specializing in primary care who agree to practice for at least 2 years as primary 14
care physicians in a geographic area of the State that has been designated by the Secretary 15
as being medically underserved; and 16
(ii) The balance of the fees to the Board of Physicians Fund. 17
(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 18
does not implement a permanent funding structure under § 24 –1702(b)(1) of the 19
Health – General Article and the Governor does not include in the State budget at least 20
$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 21
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 22
Article, as administered by the Department, the Comptroller shall distribute: 23
(i) $400,000 of the fees received from the Board to the Department 24
to be used to make grants under the Maryland Loan Assistance Repayment Program for 25
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 26
Article to physicians and physician assistants engaged in primary care or to medical 27
residents specializing in primary care who agree to practice for at least 2 years as primary 28
care physicians in a geographic area of the State that has been designated by the Secretary 29
as being medically underserved; and 30
(ii) The balance of the fees to the Board of Physicians Fund. 31
[(4)] (2) If the Governor includes in the State budget at least the amount 32
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 33
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 34
Subtitle 17 of the Health – General Article, as administered by the Department, the 35
Comptroller shall distribute the fees to the Board of Physicians Fund. 36
12 SENATE BILL 423
(e) (1) The Fund shall be used exclusively to cover the actual documented 1
direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as 2
provided by [the provisions of] this title. 3
(2) (i) The Fund is a continuing, nonlapsing fund, not subject to § 4
7–302 of the State Finance and Procurement Article. 5
(ii) Any unspent portions of the Fund may not be transferred or 6
revert to the General Fund of the State, but shall remain in the Fund to be used for the 7
purposes specified in this title. 8
(3) Interest or other income earned on the investment of money in the Fund 9
shall be paid into the Fund. 10
(4) No other State money may be used to support the Fund. 11
(f) [(1)] In addition to the requirements of subsection (e) of this section, the 12
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 13
collected, and distributed to the Fund under this title. 14
[(2) After review and approval by the Board of a budget submitted by the 15
Physician Rehabilitation Program, the Board may allocate money from the Fund to the 16
Physician Rehabilitation Program.] 17
(g) (1) The chair of the Board or the designee of the chair shall administer the 18
Fund. 19
(2) Money in the Fund may be expended only for any lawful purpose 20
authorized by [the provisions of] this title. 21
(h) The Legislative Auditor shall audit the accounts and transactions of the Fund 22
as provided in § 2–1220 of the State Government Article. 23
14–208. 24
(A) THE BOARD MAY IMPOSE AN ADMINI STRATIVE PENALTY NOT 25
EXCEEDING $25,000 ON A LICENSEE FOR: 26
(1) FAILURE TO PRODUCE AL L DOCUMENTS IN RESPO NSE TO A 27
BOARD SUBPOENA ; 28
(2) DISPENSING A DRUG WIT HOUT THE PROPER AUTH ORITY FROM A 29
VALID DISPENSING PERMIT; AND 30
SENATE BILL 423 13
(3) FAILURE TO COMPLETE A SUPPLEMENTAL APPLICA TION FOR A 1
LICENSE COMPACT . 2
(B) THE BOARD SHALL ADOPT REG ULATIONS ESTABLISHIN G THE 3
ADMINISTRATIVE PENAL TIES LISTED IN SUBSE CTION (A) OF THIS SECTION. 4
(C) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UNDER THIS 5
SECTION TO THE BOARD OF PHYSICIANS FUND ESTABLISHED UNDE R § 14–207 OF 6
THIS SUBTITLE. 7
14–302. 8
Subject to the rules, regulations, and orders of the Board, the following individuals 9
may practice medicine without a license: 10
(2) A physician licensed by and residing in another jurisdiction, if the 11
physician: 12
(iii) Is engaged in clinical training or participates in training or 13
teaching of a skill or procedure in a hospital if: 14
4. The visiting physician has no history of any medical 15
disciplinary action in any other state, territory, nation, or any branch of the United States 16
uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 17
AFFAIRS, and has no significant detrimental malpractice history; 18
(3) A physician employed in the service of the federal government while 19
[performing the duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 20
employment; 21
14–306. 22
(g) (1) (iii) “Supervised medical graduate” means an individual who: 23
2. Has passed parts 1 and 2 of the: 24
A. United States Medical Licensing Examination; OR 25
B. COMPREHENSIVE OSTEOPATHIC MEDICAL 26
LICENSING EXAMINATION OF THE UNITED STATES. 27
14–307. 28
14 SENATE BILL 423
(e) Except as otherwise provided in this subtitle, the applicant shall [pass an 1
examination required] MEET ANY EDUCATION , CERTIFICATION , TRAINING, OR 2
EXAMINATION REQUIREM ENTS ESTABLISHED by the Board. 3
(h) (1) The Board shall require as part of its examination or licensing 4
procedures that an applicant for a license to practice medicine demonstrate an oral AND 5
WRITTEN competency in the English language. 6
(2) Graduation from a recognized English–speaking undergraduate school 7
or high school, including General Education Development (GED), after at least 3 years of 8
enrollment, or from a recognized English–speaking professional school is acceptable as 9
proof of proficiency in the oral AND WRITTEN communication of the English language 10
under this section. 11
(3) By regulation, the Board shall develop a procedure for testing 12
individuals who because of their speech impairment are unable to complete satisfactorily a 13
Board approved standardized test of oral competency. 14
(4) If any disciplinary charges or action that involves a problem with the 15
oral AND WRITTEN communication of the English language are brought against a licensee 16
under this title, the Board shall require the licensee to take and pass a Board approved 17
standardized test of oral AND WRITTEN competency. 18
14–308. 19
(a) (1) In this section the following terms have the meanings indicated. 20
(2) “Fifth pathway program” means a program that the Board approves in 21
its regulations for a student who: 22
(i) Has studied medicine at [a foreign] AN INTERNATIONAL 23
medical school; 24
(ii) Was a United States citizen when the student enrolled in the 25
[foreign] INTERNATIONAL medical school; and 26
(iii) Has completed all of the formal requirements for graduation 27
from the [foreign] INTERNATIONAL medical school, except for any social service or 28
postgraduate requirements. 29
(3) [“Foreign] “INTERNATIONAL medical school” means a medical school 30
located outside of the United States, its territories or possessions, Puerto Rico, or Canada. 31
(b) An applicant for a license is exempt from the educational requirements of § 32
14–307 of this subtitle, if the applicant: 33
SENATE BILL 423 15
(1) Has studied medicine at [a foreign] AN INTERNATIONAL medical 1
school; 2
(2) Is certified by the Educational Commission for Foreign Medical 3
Graduates or by its successor as approved by the Board; 4
(3) Passes a qualifying examination for [foreign] INTERNATIONAL 5
medical school graduates required by the Board; 6
(4) Meets any other qualifications for [foreign] INTERNATIONAL medical 7
school graduates that the Board establishes in its regulation for licensing of applicants; 8
(5) Submits acceptable evidence to the Board of the requirements set in the 9
Board’s regulations; and 10
(6) Meets one of the following requirements: 11
(i) The applicant graduated from any [foreign] INTERNATIONAL 12
medical school and submits evidence acceptable to the Board of successful completion of 2 13
years of training in a postgraduate medical education program accredited by an accrediting 14
organization recognized by the Board; or 15
(ii) The applicant successfully completed a fifth pathway program 16
and submits evidence acceptable to the Board that the applicant: 17
1. Has a document issued by the [foreign] INTERNATIONAL 18
medical school certifying that the applicant completed all of the formal requirements of 19
that school for the study of medicine, except for the postgraduate or social service 20
components as required by the [foreign] INTERNATIONAL country or its medical school; 21
2. Has successfully completed a fifth pathway program; and 22
3. Has successfully completed 2 years of training in a 23
postgraduate medical education program following completion of a Board approved fifth 24
pathway program. 25
14–309. 26
[(a)] To apply for a license, an applicant shall: 27
(1) Complete a criminal history records check in accordance with § 28
14–308.1 of this subtitle; 29
(2) Submit an application to the Board on the form that the Board requires; 30
and 31
16 SENATE BILL 423
(3) Pay to the Board the application fee set by the Board. 1
[(b) The Board may not release a list of applicants for licensure.] 2
14–315. 3
(b) Except as provided in subsection (c) of this section, each license issued under 4
this section expires on [the second anniversary of the date on which it is issued] A DATE 5
SET BY THE BOARD and may be renewed [every 2 years on application to] FOR A TERM 6
SET BY the Board. 7
14–316. 8
(a) (3) A license expires on a date set by the Board, unless the license is 9
renewed for [a] AN ADDITIONAL term as provided in this section. 10
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 11
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 12
last known electronic or physical address of the licensee[: 13
(i) A] A renewal notice that states: 14
[1.] (I) The date on which the current license expires; 15
[2.] (II) The date by which the renewal application must be 16
received by the Board for the renewal to be issued and mailed before the license expires; 17
and 18
[3.] (III) The amount of the renewal fee[; and 19
(ii) A blank panel data sheet supplied by the Health Care 20
Alternative Dispute Resolution Office]. 21
(c) (1) Before the license expires, the licensee periodically may renew it for an 22
additional term, if the licensee: 23
(i) Otherwise is entitled to be licensed; 24
(ii) Is of good moral character; 25
(iii) Pays to the Board a renewal fee set by the Board; [and] 26
(iv) Submits to the Board: 27
1. A renewal application on the form that the Board requires; 28
and 29 SENATE BILL 423 17
2. Satisfactory evidence of compliance with any continuing 1
education OR COMPETENCY requirements set under this section for license renewal; AND 2
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 3
REQUIREMENTS ESTABLI SHED BY THE BOARD. 4
(d) (1) In addition to any other qualifications and requirements established by 5
the Board, the Board may establish continuing education OR COMPETENCY requirements 6
as a condition to the renewal of licenses under this section. 7
(f) (1) [Each] A licensee shall notify [the secretary of] the Board in writing of 8
[any] A change [in the licensee’s] IN name or address within [60] 10 days after the change. 9
(2) [If a] A licensee WHO fails to [notify the secretary of the Board within 10
the time required under this section, the licensee] COMPLY WITH PARAGRAP H (1) OF 11
THIS SUBSECTION is subject to an administrative penalty of $100. 12
14–317. 13
The Board shall reinstate the license of a physician who has failed to renew the 14
license for any reason, is on inactive status under § 14–320 of this subtitle, or is on emeritus 15
status under § 14–320.1 of this subtitle if the physician: 16
(1) Meets the renewal requirements of § 14–316 of this subtitle; 17
(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 18
THE BOARD REQUIRES ; 19
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 20
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 21
the qualifications and requirements established under this title for license reinstatements; 22
AND 23
(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 24
REQUIREMENTS ESTABLI SHED BY THE BOARD. 25
14–401. 26
(a) There are two disciplinary panels [through which allegations of grounds for 27
disciplinary action against a licensed physician or an allied health professional shall be 28
resolved] RESPONSIBLE FOR RESO LVING ALLEGATIONS OF VIOLATIONS OF THIS 29
TITLE AND TITLE 15 OF THIS ARTICL E. 30
18 SENATE BILL 423
14–401.1. 1
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 2
subtitle, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, [or] § 14–5F–21, 3
OR § 14–5G–18 of this title, or § 15–315 of this article, the chair of the disciplinary panel 4
that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the 5
complaint to the [other disciplinary panel] OFFICE OF ADMINISTRATIVE HEARINGS. 6
(ii) If the [complaint proceeds to a hearing and is referred to the 7
other disciplinary panel under subparagraph (i) of this paragraph,] DISCIPLINARY PANEL 8
RESCINDS ITS REFERRAL OF THE COMPLAINT TO THE OFFICE OF ADMINISTRATIVE 9
HEARINGS, the COMPLAINT WILL RETUR N TO THE ORIGINAL disciplinary panel that 10
was assigned the complaint under paragraph (2)(i) of this subsection. 11
(III) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 12
ADMINISTRATIVE HEARINGS, THE CHAIR OF THE ORIGINAL DISCIPLINARY PANEL 13
THAT WAS ASSIGNED THE COMPLAI NT UNDER PARAGRAPH (2)(I) OF THIS 14
SUBSECTION SHALL REFER THE COMPLAINT TO THE OTHER DISCIPLINA RY PANEL 15
FOR FURTHER ACTION . 16
(IV) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 17
ADMINISTRATIVE HEARINGS, THE ORIGINAL DISCIPLINARY PANEL T HAT WAS 18
ASSIGNED THE COMPLAI NT UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION , or any 19
of its members, may not: 20
1. Continue to handle the complaint; 21
2. Participate in any disciplinary proceedings regarding the 22
complaint; or 23
3. Determine the final disposition of the complaint. 24
(f) (1) The entity or individual peer reviewer with which the Board contracts 25
under subsection (e) of this section shall have [90] 60 days for completion of peer review. 26
(2) The entity or individual peer reviewer may apply to the Board for an 27
extension of up to [30] 20 days to the time limit imposed under paragraph (1) of this 28
subsection. 29
(3) If an extension is not granted, and [90] 60 days have elapsed, the Board 30
may contract with any other entity or individual who meets the requirements of subsection 31
(e)(2) of this section for the services of peer review. 32
SENATE BILL 423 19
(4) If an extension has been granted, and [120] 80 days have elapsed, the 1
Board may contract with any other entity or individual who meets the requirements of 2
subsection (e)(2) of this section for the services of peer review. 3
14–402. 4
(a) In reviewing an application for licensure or in investigating an allegation 5
brought against a licensed physician or any allied health professional regulated by the 6
Board under this title OR TITLE 15 OF THIS ARTICLE , the [Physician] Rehabilitation 7
Program may request the Board to direct, or the Board or a disciplinary panel on its own 8
initiative may direct, the licensed physician or any allied health professional regulated by 9
the Board under this title OR TITLE 15 OF THIS ARTICLE to submit to an appropriate 10
examination. 11
(b) In return for the privilege given by the State issuing a license, certification, or 12
registration, the licensed, certified, or registered individual is deemed to have: 13
(1) Consented to submit to an examination under this section, if requested 14
by the Board in writing; and 15
(2) Waived any claim of privilege as to the testimony or examination 16
reports. 17
(c) The unreasonable failure or refusal of the [licensed individual] APPLICANT 18
OR LICENSEE to submit to an examination is prima facie evidence of the [licensed 19
individual’s] APPLICANT’S OR LICENSEE’S inability to practice medicine or the respective 20
discipline competently, unless the Board or disciplinary panel finds that the failure or 21
refusal was beyond the control of the [licensed individual] APPLICANT OR LICENSE E. 22
(d) The Board shall pay the costs of any examination made under this section 23
FOR: 24
(1) A LICENSEE; OR 25
(2) AN APPLICANT WHO WAS NOT PREVIOUSLY LICEN SED BY THE 26
BOARD. 27
[(e) (1) The Board or the entity or entities with which the Board contracts shall 28
appoint the members of the Physician Rehabilitation Program. 29
(2) The chair of the Board shall appoint one member of the Board to serve 30
as a liaison to the Physician Rehabilitation Program.] 31
(E) AN APPLICANT FOR REIN STATEMENT SHALL PAY THE COST OF ANY 32
EXAMINATION DIRECTED BY THE BOARD UNDER THIS SECT ION. 33 20 SENATE BILL 423
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 1
Auditor as provided in § 2–1220 of the State Government Article. 2
14–403. 3
(a) Unless a disciplinary panel agrees to accept the surrender of a license, 4
certification, or registration of an individual the Board regulates, the individual may not 5
surrender the license, certification, or registration nor may the license, certification, or 6
registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 7
DISCIPLINE while the individual is under investigation or while charges are pending. 8
14–404. 9
(a) Subject to the hearing provisions of § 14–405 of this subtitle, a disciplinary 10
panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may 11
reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 12
the licensee: 13
(4) Is [professionally, physically, or mentally]: 14
(I) PROFESSIONAL LY INCOMPETENT ; 15
(II) PHYSICALLY INCOMPETEN T; OR 16
(III) MENTALLY incompetent; 17
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 18
OVERUTILIZATION OF health care services; 19
(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 20
violation of § 5–704 of the Family Law Article; 21
(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 22
influences, or attempts to intimidate or influence, for the purpose of causing any person to 23
withhold or change testimony in hearings or proceedings before the Board or a disciplinary 24
panel or those otherwise delegated to the Office of Administrative Hearings; 25
(38) [By corrupt means, threats, or force, hinders] HINDERS, prevents, or 26
otherwise delays any person from making information available to the Board or a 27
disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel; 28
(45) Fails to comply with § 1–223 of this article; [or] 29
(46) Fails to comply with the requirements of the Prescription Drug 30
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; OR 31 SENATE BILL 423 21
(47) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 1
PANEL. 2
14–405. 3
(a) Except as otherwise provided in the Administrative Procedure Act, before the 4
Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 5
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
[or] § 14–5F–18, OR § 14–5G–18(A) of this title, it shall give the individual against whom 7
the action is contemplated an opportunity for a hearing before a hearing officer. 8
14–409. 9
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel 10
may reinstate the license of an individual whose license has been surrendered or revoked 11
under this title only in accordance with: 12
(i) The terms and conditions of the order of revocation or letter of 13
surrender; 14
(ii) An order of reinstatement issued by the disciplinary panel; or 15
(iii) A final judgment in any proceeding for review. 16
(2) If a license is surrendered or revoked for a period of more than 1 year, 17
[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 18
(i) Meets the requirements for reinstatement as established by the 19
Board; and 20
(ii) Completes a criminal history records check in accordance with § 21
14–308.1 of this title. 22
14–411. 23
(a) In this section, “record” means the proceedings, records, or files of the Board 24
or a disciplinary panel. 25
(b) Except as otherwise expressly provided in this section and § 14–411.1 of this 26
subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not 27
disclose any information contained in a record. 28
(c) [Nothing in this] THIS section [shall] MAY NOT be construed to prevent or 29
limit the disclosure of: 30
22 SENATE BILL 423
(1) General licensure, certification, or registration information maintained 1
by the Board, if the request for release complies with the criteria of § 4–333 of the General 2
Provisions Article; 3
(2) Profile information collected and disseminated under § 14–411.1 of this 4
subtitle; or 5
(3) Personal and other identifying information of a licensee, as required by 6
the National Practitioner Data Bank for participation in the proactive disclosure service. 7
(d) The Board shall disclose any information contained in a record to: 8
(1) A committee of a hospital, health maintenance organization, or related 9
institution if: 10
(i) The committee of a medical hospital staff concerned with 11
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 12
organization, or related institution requests the information in writing; 13
(ii) A disciplinary panel has issued an order as to a [licensed 14
physician] LICENSEE on whom the information is requested; and 15
(iii) The Board determines that the information requested is 16
necessary for an investigation or action of the committee as to a medical privilege of a 17
[licensed physician] LICENSEE; or 18
(2) The Secretary, the Office of Health Care Quality in the Department, 19
the Maryland Health Care Commission, or the Health Services Cost Review Commission 20
for the purpose of investigating quality or utilization of care in any entity regulated by the 21
Office of Health Care Quality or the Health Services Cost Review Commission. 22
(e) [On or before January 1, 2013, the Board, the Secretary, the Maryland Health 23
Care Commission, and the Health Services Cost Review Commission jointly shall adopt 24
regulations for the efficient and secure transfer, under subsection (d)(2) of this section, of 25
any information in a record that may indicate that an investigation of an entity regulated 26
by the Office of Health Care Quality, the Maryland Health Care Commission, or the Health 27
Services Cost Review Commission may be appropriate. 28
(f)] Subsection (d)(2) of this section may not be construed to alter the authority of 29
the Secretary under § 1–203(a) of this article or § 2–106(c) of the Health – General Article. 30
[(g)] (F) (1) The Board shall notify all hospitals, health maintenance 31
organizations, or other health care facilities where a [physician or an allied health 32
professional regulated by the Board] LICENSEE has privileges, has a provider contract with 33
a health maintenance organization, or is employed of a complaint or report filed against 34
that [physician] LICENSEE, if: 35 SENATE BILL 423 23
(i) The Board determines, in its discretion, that the hospital, health 1
maintenance organization, or health care facility should be informed about the report or 2
complaint; 3
(ii) The nature of the complaint suggests a reasonable possibility of 4
an imminent threat to patient safety; or 5
(iii) The complaint or report was as a result of a claim filed in the 6
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 7
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 8
(2) The Board shall disclose any information pertaining to a [physician’s] 9
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 10
to a committee of a hospital, health maintenance organization, or other health care facility 11
if: 12
(i) The committee is concerned with [physician] LICENSEE 13
discipline and requests the information in writing; and 14
(ii) The Board has received a complaint or report pursuant to 15
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 16
the information is requested. 17
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 18
this subtitle, notify those hospitals, health maintenance organizations, or health care 19
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 20
health maintenance organization, or is employed of its formal action within 10 days after 21
the action is taken and shall provide the hospital, health maintenance organization, or 22
health care facility with periodic reports as to enforcement or monitoring of a formal 23
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 24
reports. 25
[(h)] (G) On the request of a person who has made a complaint to the Board 26
regarding a [physician] LICENSEE, the Board shall provide the person with information 27
on the status of the complaint. 28
[(i)] (H) Following the filing of charges or notice of initial denial of license 29
application, the Board shall disclose the filing to the public on the Board’s website. 30
[(j)] (I) The Board may disclose any information contained in a record to a 31
licensing or disciplinary authority of another state if: 32
(1) The licensing or disciplinary authority of another state that regulates 33
[licensed physicians] LICENSEES in that state requests the information in writing; and 34
24 SENATE BILL 423
(2) The disclosure of any information is limited to the pendency of an 1
allegation of a ground for disciplinary or other action by a disciplinary panel until: 2
(i) The disciplinary panel has passed an order under § 14–406 of 3
this subtitle; or 4
(ii) A [licensed physician] LICENSEE on whom the information is 5
requested authorizes a disclosure as to the facts of an allegation or the results of an 6
investigation before the Board. 7
[(k)] (J) The Board may disclose any information contained in a record to a 8
person if: 9
(1) A [licensed physician] LICENSEE on whom any information is 10
requested authorizes the person to receive the disclosure; 11
(2) The person requests the information in writing; and 12
(3) The authorization for the disclosure is in writing. 13
[(l)] (K) The Board may disclose any information contained in a record to the 14
State Medical Assistance Compliance Administration, the Secretary of the U.S. 15
Department of Health and Human Services or the Secretary’s designee, or any health 16
occupational regulatory board if: 17
(1) (i) The State Medical Assistance Compliance Administration or any 18
health occupational regulatory board requests the information in writing; or 19
(ii) The Secretary of the U.S. Department of Health and Human 20
Services or the Secretary’s designee is entitled to receive the information or have access to 21
the information under 42 U.S.C. § 1396r–2; 22
(2) (i) A disciplinary panel has issued an order under § 14–406 of this 23
subtitle; or 24
(ii) An allegation is pending before the Board or a disciplinary panel; 25
and 26
(3) The Board determines that the requested information is necessary for 27
the proper conduct of the business of that administration or board. 28
[(m)] (L) If the Board or a disciplinary panel determines that the information 29
contained in a record concerns possible criminal activity, the Board or the disciplinary 30
panel shall disclose the information to a law enforcement or prosecutorial official. 31
SENATE BILL 423 25
[(n)] (M) The Board may permit inspection of records for which inspection 1
otherwise is not authorized by a person who is engaged in a research project if: 2
(1) The researcher submits to the executive director and the Board 3
approves a written request that: 4
(i) Describes the purpose of the research project; 5
(ii) Describes the intent, if any, to publish the findings; 6
(iii) Describes the nature of the requested personal records; 7
(iv) Describes the safeguards that the researcher would take to 8
protect the identity of the persons in interest; and 9
(v) States that persons in interest will not be contacted unless the 10
executive director approves and monitors the contact; 11
(2) The executive director is satisfied that the proposed safeguards will 12
prevent the disclosure of the identity of persons in interest; and 13
(3) The researcher makes an agreement with the executive director that: 14
(i) Defines the scope of the research project; 15
(ii) Sets out the safeguards for protecting the identity of the persons 16
in interest; and 17
(iii) States that a breach of any condition of the agreement is a breach 18
of contract. 19
[(o)] (N) On the request of a person who has testified in a Board or Office of 20
Administrative Hearings proceeding, the Board shall provide to the person who testified a 21
copy of the portion of the transcript of that person’s testimony. 22
[(p)] (O) (1) The Board may publish a summary of any allegations of grounds 23
for disciplinary or other action. 24
(2) A summary may not identify: 25
(i) Any person who makes an allegation to the Board or any of its 26
investigatory bodies; 27
(ii) A [licensed physician] LICENSEE about whom an allegation is 28
made; or 29
26 SENATE BILL 423
(iii) A witness in an investigation or a proceeding before the Board or 1
any of its investigatory bodies. 2
[(q)] (P) The Board shall disclose information in a record upon the request of the 3
Governor, Secretary, or Legislative Auditor, in accordance with § 2–1223(a) of the State 4
Government Article. However, the Governor, Secretary, or Auditor, or any of their 5
employees may not disclose personally identifiable information from any of these records 6
which are otherwise confidential by law. 7
[(r)] (Q) This section does not apply to: 8
(1) Any disclosure of a record by the Board to a disciplinary panel or any of 9
its other investigatory bodies; or 10
(2) A licensee, certificate holder, or registration holder who has been 11
charged under this title or a party to a proceeding before the Board or a disciplinary panel 12
who claims to be aggrieved by the decision of the Board or the disciplinary panel. 13
[(s)] (R) If any information contained in any medical or hospital document or 14
any other exhibit is otherwise open for disclosure under law, the use of that document or 15
exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory 16
bodies does not prevent its disclosure in any other proceeding. 17
14–411.1. 18
(c) In addition to the requirements of subsection (b) of this section, the Board 19
shall: 20
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 21
DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 22
BOARD’S WEBSITE; 23
[(1)] (2) Provide appropriate and accessible Internet links from the 24
Board’s [Internet site] WEBSITE: 25
(i) To the extent available, to the appropriate portion of the 26
[Internet site] WEBSITE of each health maintenance organization licensed in this State 27
which will allow the public to ascertain the names of the physicians affiliated with the 28
health maintenance organization; and 29
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 30
American Medical Association; 31
[(2)] (3) Include a statement on each licensee’s profile of information to 32
be taken into consideration by a consumer when viewing a licensee’s profile, including 33
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 34 SENATE BILL 423 27
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 1
and 2
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 3
(i) Notification that a person may contact the Board by telephone, 4
electronic mail, or written request to find out whether the number of medical malpractice 5
settlements involving a particular licensee totals three or more with a settlement amount 6
of [$150,000] $1,000,000 or greater within the most recent 5–year period as reported to 7
the Board; and 8
(ii) A telephone number, electronic mail address, and physical 9
address through which a person may contact the Board to request the information required 10
to be provided under item (i) of this item. 11
(d) The Board: 12
(2) Shall maintain a website that serves as a single point of entry where 13
all [physician] LICENSEE profile information is available to the public on the Internet; and 14
14–413. 15
(a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF 16
THIS SECTION , EACH hospital [and], related institution, ALTERNATIVE HEALTH 17
SYSTEM, AND EMPLOYER shall submit to the Board a report [within 10 days] after: 18
(i) The hospital [or], related institution, ALTERNATIVE HEALTH 19
SYSTEM, OR EMPLOYER denied the application of a physician for staff privileges or 20
limited, reduced, otherwise changed, or terminated the staff privileges of a physician, or 21
the physician resigned whether or not under formal accusation, if the denial, limitation, 22
reduction, change, termination, or resignation is for reasons that might be grounds for 23
disciplinary action under § 14–404 of this subtitle; 24
(ii) The hospital [or], related institution, ALTERNATIVE HEALTH 25
SYSTEM, OR EMPLOYER took any disciplinary action against a salaried, licensed physician 26
without staff privileges, including termination of employment, suspension, or probation, for 27
reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; 28
(iii) A licensed physician voluntarily resigned from the staff, employ, 29
or training program of the hospital [or], related institution, ALTERNATIVE HEALTH 30
SYSTEM, OR EMPLOYER for reasons that might be grounds for disciplinary action under § 31
14–404 of this subtitle; or 32
(iv) The hospital [or], related institution, ALTERNATIVE HEALTH 33
SYSTEM, OR EMPLOYER placed any other restrictions or conditions on any of the licensed 34 28 SENATE BILL 423
physicians as listed in items (i) through (iii) of this paragraph for any reasons that might 1
be grounds for disciplinary action under § 14–404 of this subtitle. 2
(2) The hospital [or], related institution, ALTERNATIVE HEALTH 3
SYSTEM, OR EMPLOYER shall state in the report the reasons for its action or the nature 4
of the formal accusation pending when the physician resigned. 5
(3) The Board may extend the reporting time under this subsection for good 6
cause shown. 7
(4) The minutes or notes taken in the course of determining the denial, 8
limitation, reduction, or termination of the staff privileges of any physician in a hospital or 9
related institution are not subject to review or discovery by any person. 10
(5) The Board, in consultation with all interested parties, may adopt 11
regulations to define: 12
(i) Changes in employment or privileges that require reporting 13
under this section; and 14
(ii) Actions by licensees that are grounds for discipline and that 15
require reporting under this section. 16
(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 17
SYSTEM, OR AN EMPLOYER THAT HAS REASON TO K NOW THAT A LICENSED 18
PHYSICIAN HAS COMMIT TED AN ACTION OR HAS A CONDITION THAT MIG HT BE 19
GROUNDS FOR REPRIMAN D OR PROBATION OF TH E LICENSED PHYSICIAN OR 20
SUSPENSION OR REVOCA TION OF THE LICENSE BECAUSE THE LICENSED PHYSICIAN 21
IS ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IS NOT REQU IRED TO REPORT THE 22
LICENSED PHYSICIAN T O THE BOARD IF: 23
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 24
SYSTEM, OR EMPLOYER KNOWS TH AT THE LICENSED PHYS ICIAN IS: 25
(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM THAT IS 26
ACCREDITED BY THE JOINT COMMISSION OR IS CERT IFIED BY THE DEPARTMENT ; 27
OR 28
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 29
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE; 30
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 31
SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE L ICENSED PHYSICIAN 32
REMAINS IN THE TREAT MENT PROGRAM UNTIL D ISCHARGE; AND 33
SENATE BILL 423 29
(3) THE ACTION OR CONDITI ON OF THE LICENSED P HYSICIAN HAS 1
NOT CAUSED INJURY TO ANY PERSON WHILE THE PRACTITIONER I S PRACTICING AS 2
A LICENSED PHYSICIAN . 3
(C) (1) IF THE LICENSED PHYSI CIAN ENTERS OR IS CO NSIDERING 4
ENTERING AN ALCOHOL OR DRUG TREATMENT PR OGRAM THAT IS ACCRED ITED BY 5
THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE DEPARTMENT , THE 6
LICENSED PHYSICIAN S HALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , 7
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 DAYS AFTER THE 8
LICENSED PHYSICIAN ’S DECISION TO ENTER THE TREATMENT PROGRA M. 9
(2) IF THE LICENSED PHYSI CIAN FAILS TO PROVID E THE NOTICE 10
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION , AND THE HOSPITAL , 11
RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LEARNS 12
THAT THE LICENSED PH YSICIAN HAS ENTERED A TREATMENT PROGRAM , THE 13
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 14
SHALL REPORT TO THE BOARD THAT THE LICENS ED PHYSICIAN HAS ENT ERED A 15
TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE REQUIRED NOT ICE. 16
(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 17
PHYSICIAN IS NONCOMP LIANT WITH THE TREAT MENT PROGRAM ’S POLICIES AND 18
PROCEDURES WHILE IN THE TREATME NT PROGRAM , THE TREATMENT PROGRA M 19
SHALL NOTIFY THE HOS PITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 20
SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN ’S NONCOMPLIANCE . 21
(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 22
THIS SUBSECTION, THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 23
SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN SH ALL REPORT THE LICEN SED 24
PHYSICIAN’S NONCOMPLIANCE TO T HE BOARD. 25
(D) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 26
REPORT THAT WOULD B E IN VIOLATION OF AN Y FEDERAL OR STATE LAW, RULE, OR 27
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRU G ABUSE 28
PATIENT RECORDS . 29
[(b)] (E) The Board may enforce this section by subpoena. 30
[(c)] (F) Any person shall have the immunity from liability described under § 31
5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information 32
required by this section. 33
(G) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 34
SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REPORT TO THE BOARD UNDER 35 30 SENATE BILL 423
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 1
REQUIRING THE REPORT . 2
[(d)] (H) A report made under this section is not subject to subpoena or discovery 3
in any civil action other than a proceeding arising out of a hearing and decision of the Board 4
or a disciplinary panel under this title. 5
[(e)] (I) (1) A disciplinary panel may impose a civil penalty of up to [$5,000] 6
$10,000 for failure to report under this section. 7
(2) The Board shall remit any penalty collected under this subsection into 8
the General Fund of the State. 9
[14–414. 10
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 11
submit to the Board a report within 10 days after: 12
(i) The alternative health system denied the formal application of a 13
physician to contract with the alternative health system or limited, reduced, otherwise 14
changed, or terminated the contract of a physician, or the physician resigned whether or 15
not under formal accusation, if the denial, limitation, reduction, change, termination, or 16
resignation is for reasons that might be grounds for disciplinary action under § 14–404 of 17
this subtitle; or 18
(ii) The alternative health system placed any other restrictions or 19
conditions on any licensed physician for any reasons that might be grounds for disciplinary 20
action under § 14–404 of this subtitle. 21
(2) The alternative health system shall state in the report the reasons for 22
its action or the nature of the formal accusation pending when the physician resigned. 23
(3) The Board may extend the reporting time under this subsection for good 24
cause shown. 25
(4) The minutes or notes taken in the course of determining the denial, 26
limitation, reduction, or termination of the employment contract of any physician in an 27
alternative health system are not subject to review or discovery by any person. 28
(5) The Board, in consultation with all interested parties, may adopt 29
regulations to define: 30
(i) Changes in employment or privileges that require reporting 31
under this section; and 32
SENATE BILL 423 31
(ii) Actions by licensees that are grounds for discipline and require 1
reporting under this section. 2
(b) The Board may enforce this section by subpoena. 3
(c) Any person shall have the immunity from liability described under § 5–715(d) 4
of the Courts and Judicial Proceedings Article for giving any of the information required by 5
this section. 6
(d) A report made under this section is not subject to subpoena or discovery in 7
any civil action other than a proceeding arising out of a hearing and decision of the Board 8
or a disciplinary panel under this title. 9
(e) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for 10
failure to report under this section. 11
(2) The Board shall remit any penalty collected under this subsection into 12
the General Fund of the State.] 13
14–414. 14
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 15
RELATED INSTITUTION , AN ALTERNATIVE HEALTH CARE SYSTEM , OR AN EMPLOYER 16
MAY NOT EMPLOY AN IN DIVIDUAL TO PRACTICE MEDICINE WITHOUT A L ICENSE. 17
(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY IN AN AMOUNT 18
NOT EXCEEDING $5,000 FOR A VIOLATION OF T HIS SECTION. 19
(C) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 20
SECTION INTO THE BOARD OF PHYSICIANS FUND. 21
14–5A–01. 22
(a) In this subtitle the following words have the meanings indicated. 23
(c) “Committee” means the Respiratory Care [Professional Standards] 24
ADVISORY Committee established under § 14–5A–05 of this subtitle. 25
14–5A–05. 26
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 27
the Board. 28
14–5A–06. 29
(a) The Committee consists of seven members appointed by the Board as follows: 30 32 SENATE BILL 423
(1) Three LICENSED respiratory care practitioners; 1
(2) Three LICENSED physicians: 2
(i) One of whom is a specialist in thoracic surgery; 3
(ii) One of whom is a specialist in pulmonary medicine; and 4
(iii) One of whom is a specialist in anesthesiology; and 5
(3) One consumer member. 6
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 7
IN GOOD STANDING WIT H THE BOARD. 8
[(b)] (C) The consumer member of the Committee: 9
(1) [Shall] MUST be a member of the general public; 10
(2) May not be or ever have been: 11
(i) A respiratory care practitioner; 12
(ii) Any OTHER health care professional; or 13
(iii) In training to be a respiratory care practitioner or other health 14
professional; and 15
(3) May not: 16
(i) Participate or ever have participated in a commercial or 17
professional field related to respiratory care; 18
(ii) Have a household member who participates in a commercial or 19
professional field related to respiratory care; 20
(iii) Have had within 2 years before appointment a financial interest 21
in a person regulated by the Board; or 22
(iv) Have had within 2 years before appointment a financial interest 23
in the provision of goods or services to respiratory care practitioners or to the field of 24
respiratory care. 25
(D) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF THE 26
STATE. 27 SENATE BILL 423 33
[(c)] (E) (1) The term of a member is 3 years. 1
(2) The terms of members are staggered AS REQUIRED BY REGUL ATION. 2
(3) At the end of a term, a member continues to serve until a successor is 3
appointed and qualifies. 4
(4) A member who is appointed after a term has begun serves only for the 5
rest of the term and until a successor is appointed and qualifies. 6
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE FULL 7
TERMS. 8
[(d)] (F) (1) From among its members, the Committee shall elect a chair once 9
every 2 years. 10
(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 11
the Board as a representative of the Committee. 12
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 13
14–5A–07. 14
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 15
shall: 16
(1) Develop and recommend to the Board [regulations]: 17
(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 18
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 19
(2) [Develop and recommend to the Board a code of ethics for the practice 20
of respiratory care for adoption by the Board; 21
(3) If requested, develop and recommend to the Board standards of care for 22
the practice of respiratory care; 23
(4) Develop and recommend to the Board the requirements for licensure as 24
a respiratory care practitioner; 25
(5) Evaluate the credentials of applicants as necessary and recommend 26
licensure of applicants who fulfill the requirements for a license to practice respiratory care; 27
34 SENATE BILL 423
(6) Develop and recommend to the Board continuing education 1
requirements for license renewal; 2
(7) Provide the Board with recommendations concerning the practice of 3
respiratory care; 4
(8) Develop and recommend to the Board criteria related to the practice of 5
respiratory care in the home setting; 6
(9)] Keep a record of its [proceedings] MEETINGS; and 7
[(10) Submit an annual report to the Board.] 8
(3) ON REQUEST OF THE BOARD OR A DISCIPLINARY PANEL : 9
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 10
OF RESPIRATORY CARE ; AND 11
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 12
RESPIRATORY CARE PRA CTITIONERS. 13
[(b) The Board shall: 14
(1) Consider all recommendations of the Committee; and 15
(2) Provide to the Committee an annual report on the disciplinary matters 16
involving licensees.] 17
14–5A–08. 18
(b) This section does not apply to: 19
(1) [An individual] A RESPIRATORY CARE PRA CTITIONER employed 20
[by] IN THE SERVICE OF the federal government [as a respiratory care practitioner] while 21
[the individual is] practicing within the scope of [that] THE employment; 22
14–5A–14. 23
(a) A licensee shall notify the Board in writing of a change in name or address 24
within [60] 10 days after the change. 25
14–5A–17. 26
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 27
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 28 SENATE BILL 423 35
license to any applicant, reprimand any licensee, place any licensee on probation, or 1
suspend or revoke a license, if the applicant or licensee: 2
(3) Is guilty of [unprofessional or immoral]: 3
(I) IMMORAL conduct in the practice of respiratory care; OR 4
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 5
RESPIRATORY CARE ; 6
(4) Is [professionally, physically, or mentally]: 7
(I) PROFESSIONALLY INCOMP ETENT; 8
(II) PHYSICALLY INCOMPETEN T; OR 9
(III) MENTALLY incompetent; 10
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 11
respiratory care; 12
(15) [Knowingly] WILLFULLY practices respiratory care with an 13
unauthorized individual or aids an unauthorized individual in the practice of respiratory 14
care; 15
(19) [Knowingly] WILLFULLY submits false statements to collect fees for 16
which services are not provided; 17
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 18
violation of § 5–704 of the Family Law Article; 19
14–5A–18. 20
(c) (1) If the licensed respiratory care practitioner enters, or is considering 21
entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 22
Commission [on Accreditation of Healthcare Organizations] or that is certified by the 23
Department, the licensed respiratory care practitioner shall notify the hospital, related 24
institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 25
licensed respiratory care practitioner’s decision to enter the treatment program. 26
(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 27
for failure to report under this section. 28
14–5A–22.1. 29
36 SENATE BILL 423
(a) Except as otherwise provided in this subtitle, a licensed physician may not 1
employ or supervise an individual practicing respiratory care without a license. 2
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 3
alternative health system, or employer may not employ an individual practicing respiratory 4
care without a license. 5
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 6
violation of this section. 7
14–5A–23. 8
(a) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 9
14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is guilty of a misdemeanor and 10
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 11
or both. 12
(b) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 13
14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is subject to a civil fine of not 14
more than $5,000 to be levied by a disciplinary panel. 15
(c) The Board shall pay any penalty collected under this section into the Board of 16
Physicians Fund. 17
14–5B–05. 18
(a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 19
and Radiology Assistance Advisory Committee within the Board. 20
(b) (1) The Committee consists of nine members appointed by the Board. 21
(2) Of the nine members: 22
(i) One shall be a licensed physician who specializes in radiology; 23
(ii) One shall be a licensed physician who specializes in radiology 24
and who supervises a radiologist assistant; 25
(iii) One shall be a licensed physician who specializes in nuclear 26
medicine; 27
(iv) One shall be a licensed physician who specializes in radiation 28
oncology; 29
(v) One shall be a LICENSED radiation therapist; 30
SENATE BILL 423 37
(vi) One shall be a LICENSED radiographer; 1
(vii) One shall be a LICENSED radiologist assistant; 2
(viii) One shall be a LICENSED nuclear medicine technologist; and 3
(ix) One shall be a consumer member. 4
[(c) (1) From among its members, the Committee shall elect a chair once every 5
2 years. 6
(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 7
the Board as a representative of the Committee.] 8
(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 9
IN GOOD STANDING WIT H THE BOARD. 10
(d) The consumer member of the Committee: 11
(1) [Shall] MUST be a member of the general public; 12
(2) May not be or ever have been [a]: 13
(I) A RADIATION THERAPIST , RADIOGRAPHER , RADIOLOGIST 14
ASSISTANT, OR NUCLEAR MEDICINE TECHNOLOGIST ; 15
(II) ANY OTHER health care professional; or [in] 16
(III) IN training to be a RADIATION THERAPIST , RADIOGRAPHER , 17
RADIOLOGIST ASSISTAN T, NUCLEAR MEDICINE TEC HNOLOGIST, OR OTHER health 18
care professional; and 19
(3) May not: 20
(i) Participate or ever have participated in a commercial or 21
professional field related to radiation therapy, radiography, nuclear medicine technology, 22
or radiology assistance; 23
(ii) Have a household member who participates in a commercial or 24
professional field related to radiation therapy, radiography, nuclear medicine technology, 25
or radiology assistance; [or] 26
(iii) Have had within 2 years before appointment a financial interest 27
in a person regulated by the Board; OR 28
38 SENATE BILL 423
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO RADIATION 2
THERAPISTS, RADIOGRAPHERS , RADIOLOGY ASSISTANTS , OR NUCLEAR MEDICINE 3
TECHNOLOGISTS OR TO THE FIELD OF R ADIATION THERAPY , RADIOGRAPHY , 4
NUCLEAR MEDICINE TEC HNOLOGY, OR RADIOLOGY ASSISTA NCE. 5
(E) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF T HE 6
STATE. 7
(F) (1) FROM AMONG ITS MEMBER S, THE COMMITTEE SHALL ELECT A 8
CHAIR ONCE EVERY 2 YEARS. 9
(2) THE CHAIR, OR THE CHAIR ’S DESIGNEE, SHALL SERVE IN AN 10
ADVISORY CAPACITY TO THE BOARD AS A REPRESENTA TIVE OF THE COMMITTEE. 11
[(e)] (G) (1) The term of a member is 3 years. 12
(2) The terms of members are staggered as required by regulation. 13
(3) At the end of a term, a member continues to serve until a successor is 14
appointed and qualifies. 15
(4) A member may not serve more than [2] TWO consecutive full terms. 16
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 17
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 18
QUALIFIES. 19
(H) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 20
14–5B–06. 21
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 22
shall: 23
(1) [Make recommendations] DEVELOP AND RECOMMEND to the Board 24
[on regulations necessary]: 25
(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 26
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 27
(2) [Make recommendations to the Board on a code of ethics for the practice 28
of radiation therapy, the practice of radiography, the practice of nuclear medicine 29
technology, and the practice of radiology assistance for adoption by the Board; 30 SENATE BILL 423 39
(3) On request, make recommendations to the Board on standards of care 1
for the practice of radiation therapy, the practice of radiography, the practice of nuclear 2
medicine technology, and the practice of radiology assistance; 3
(4) Make recommendations to the Board on the requirements for licensure 4
as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist 5
assistant; 6
(5) On request, review applications for licensure as a radiation therapist, 7
radiographer, nuclear medicine technologist, or radiologist assistant and make 8
recommendations to the Board; 9
(6) Develop and recommend to the Board continuing education 10
requirements for license renewal; 11
(7) Advise the Board on matters related to the practice of radiation 12
therapy, the practice of radiography, the practice of nuclear medicine technology, and the 13
practice of radiology assistance; 14
(8)] Keep a record of its [proceedings] MEETINGS; and 15
[(9) Submit an annual report to the Board.] 16
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 17
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 18
OF RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, AND 19
RADIOLOGY ASSISTANCE ; AND 20
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 21
RADIATION THER APISTS, RADIOGRAPHERS , NUCLEAR MEDICINE TEC HNOLOGISTS, 22
AND RADIOLOGIST ASSI STANTS. 23
[(b) The Board shall: 24
(1) Consider all recommendations of the Committee; and 25
(2) Provide to the Committee an annual report on the disciplinary matters 26
involving licensees.] 27
14–5B–08. 28
(b) This section does not apply to: 29
40 SENATE BILL 423
(1) [An individual] A RADIATION THERAPIST , RADIOGRAPHER , 1
NUCLEAR MEDICINE TEC HNOLOGIST, OR RADIOLOGY ASSISTA NT employed [by] IN 2
THE SERVICE OF the federal government [as a radiation therapist, radiographer, a nuclear 3
medicine technologist, or radiologist assistant] while [the individual is] practicing within 4
the scope of [that] THE employment; or 5
14–5B–11. 6
(a) Licensure as a radiation therapist authorizes an individual to practice 7
radiation therapy IN THE STATE while the license is effective. 8
(b) Licensure as a radiographer authorizes an individual to practice radiography 9
IN THE STATE while the license is effective. 10
(c) Licensure as a nuclear medicine technologist authorizes an individual to 11
practice nuclear medicine technology IN THE STATE while the license is effective. 12
(d) Licensure as a radiologist assistant authorizes an individual to practice 13
radiology assistance IN THE STATE while the license is effective. 14
14–5B–12.1. 15
(a) A licensee shall notify the Board in writing of a change in name or address 16
within [60] 10 days after the change. 17
14–5B–14. 18
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 19
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 20
license to any applicant, reprimand any licensee, place any licensee on probation, or 21
suspend or revoke a license, if the applicant or licensee: 22
(3) Is guilty of [unprofessional or immoral]: 23
(I) IMMORAL conduct in the practice of radiation therapy, 24
radiography, nuclear medicine technology, or radiology assistance; OR 25
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 26
RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, OR 27
RADIOLOGY ASSISTANCE ; 28
(4) Is [professionally, physically, or mentally]: 29
(I) PROFESSIONALLY INCOMP ETENT; 30
SENATE BILL 423 41
(II) PHYSICALLY INCOMPETEN T; OR 1
(III) MENTALLY incompetent; 2
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 3
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 4
(15) [Knowingly] WILLFULLY practices radiation therapy, radiography, 5
nuclear medicine technology, or radiology assistance with an unauthorized individual or 6
aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear 7
medicine technology, or radiology assistance; 8
(19) [Knowingly] WILLFULLY submits false statements to collect fees for 9
which services are not provided; 10
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 11
violation of § 5–704 of the Family Law Article; 12
14–5B–15. 13
(c) (1) If the licensee enters, or is considering entering, an alcohol or drug 14
treatment program that is accredited by [the] THE Joint Commission [on Accreditation of 15
Healthcare Organizations] or that is certified by the Department, the licensee shall notify 16
the hospital, related institution, alternative health system, or employer [of] WITHIN 15 17
DAYS AFTER the licensee’s decision to enter the treatment program. 18
(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 19
for failure to report under this section. 20
14–5B–18.1. 21
(a) Except as otherwise provided in this subtitle, a licensed physician may not 22
employ or supervise an individual practicing radiation therapy, radiography, nuclear 23
medicine technology, or radiology assistance without a license. 24
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 25
alternative health system, or employer may not employ an individual practicing radiation 26
therapy, radiography, nuclear medicine technology, or radiology assistance without a 27
license. 28
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for 29
employing an individual without a license under this section. 30
14–5B–19. 31
42 SENATE BILL 423
(a) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 1
14–5B–17 OR § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is 2
subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. 3
(b) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 4
14–5B–17 OR § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 5
to be levied by a disciplinary panel. 6
(c) The Board shall pay any penalty collected under this section into the Board of 7
Physicians Fund. 8
14–5C–01. 9
(a) In this subtitle the following words have the meanings indicated. 10
(c) “Committee” means the Polysomnography [Professional Standards] 11
ADVISORY Committee established under § 14–5C–05 of this subtitle. 12
14–5C–05. 13
There is a Polysomnography [Professional Standards] ADVISORY Committee within 14
the Board. 15
14–5C–06. 16
(a) The Committee consists of seven members appointed by the Board as follows: 17
(1) [(i) On or before September 30, 2009, three registered 18
polysomnographic technologists; or 19
(ii) On or after October 1, 2009, three ] THREE licensed 20
polysomnographic technologists; 21
(2) Three LICENSED physicians who are board certified in sleep medicine: 22
(i) One of whom is a specialist in psychiatry or internal medicine; 23
(ii) One of whom is a specialist in pulmonary medicine; and 24
(iii) One of whom is a specialist in neurology; and 25
(3) One consumer member. 26
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 27
IN GOOD STANDING WIT H THE BOARD. 28
SENATE BILL 423 43
[(b)] (C) The consumer member of the Committee: 1
(1) [Shall] MUST be a member of the general public; 2
(2) May not be or ever have been: 3
(i) A polysomnographic technologist; 4
(ii) Any OTHER health care professional; or 5
(iii) In training to be a polysomnographic technologist or other health 6
care professional; AND 7
(3) [May not have a household member who is a health care professional 8
or is in training to be a health care professional; and 9
(4)] May not: 10
(i) Participate or ever have participated in a commercial or 11
professional field related to polysomnography; 12
(ii) Have a household member who participates in a commercial or 13
professional field related to polysomnography; 14
(iii) Have had within 2 years before appointment a financial interest 15
in a person regulated by the Board; or 16
(iv) Have had within 2 years before appointment a financial interest 17
in the provision of goods or services to polysomnographic technologists or to the field of 18
polysomnography. 19
(D) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF THE 20
STATE. 21
[(c)] (E) (1) The term of a member is 3 years. 22
(2) The terms of members are staggered as required by [the terms provided 23
for members of the Committee on October 1, 2006] REGULATION . 24
(3) At the end of a term, a member continues to serve until a successor is 25
appointed and qualifies. 26
(4) A member who is appointed after a term has begun serves only for the 27
rest of the term and until a successor is appointed and qualifies. 28
44 SENATE BILL 423
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE FULL 1
TERMS. 2
[(d)] (F) (1) From among its members, the Committee shall elect a chair once 3
every 2 years. 4
(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 5
the Board as a representative of the Committee. 6
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 7
14–5C–07. 8
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 9
shall: 10
(1) Develop and recommend to the Board [regulations]: 11
(I) REGULATIONS to carry out [the provisions of] this subtitle; AND 12
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 13
(2) [Develop and recommend to the Board a code of ethics for the practice 14
of polysomnography for adoption by the Board; 15
(3) Develop and recommend to the Board standards of care for the practice 16
of polysomnography; 17
(4) Develop and recommend to the Board the requirements for licensure as 18
a polysomnographic technologist, including: 19
(i) Criteria for the educational and clinical training of licensed 20
polysomnographic technologists; and 21
(ii) Criteria for a professional competency examination and testing 22
of applicants for a license to practice polysomnography; 23
(5) Develop and recommend to the Board criteria for licensed 24
polysomnographic technologists who are licensed in other states to practice in this State; 25
(6) Evaluate the accreditation status of education programs in 26
polysomnography for approval by the Board; 27
(7) Evaluate the credentials of applicants and recommend licensure of 28
applicants who fulfill the requirements for a license to practice polysomnography; 29
SENATE BILL 423 45
(8) Develop and recommend to the Board co ntinuing education 1
requirements for license renewal; 2
(9) Provide the Board with recommendations concerning the practice of 3
polysomnography; 4
(10) Develop and recommend to the Board criteria for the direction of 5
students in clinical education programs by licensed polysomnographic technologists and 6
licensed physicians; 7
(11)] Keep a record of its [proceedings] MEETINGS; and 8
[(12) Submit an annual report to the Board.] 9
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 10
(I) PROVIDE RECOMMENDATIONS REGA RDING THE PRACTICE 11
OF POLYSOMNOGRAPHY ; AND 12
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 13
POLYSOMNOGRAPHIC TEC HNOLOGIST PRACTITION ERS. 14
[(b) The Board shall: 15
(1) Consider all recommendations of the Committee; and 16
(2) Provide to the Committee an annual report on the disciplinary matters 17
involving licensees.] 18
14–5C–08. 19
(b) This section does not apply to [a]: 20
(1) A student enrolled in an education program under § 14–5C–09(c)(3) of 21
this subtitle while practicing polysomnography in that program[.]; 22
[(c)] (2) [This section does not apply to a] A respiratory care practitioner who 23
was licensed by the Board to practice respiratory care on or before December 31, 2012, and 24
whose duties include practicing polysomnography; OR 25
(3) A POLYSOMNOGRAPHIC TEC HNOLOGIST EMPLOYED I N THE 26
SERVICE OF THE FEDER AL GOVERNMENT WHILE PRACTICING WITHIN TH E SCOPE OF 27
THE EMPLOYMENT . 28
[14–5C–10. 29 46 SENATE BILL 423
(a) The Board shall waive the education requirement under § 14–5C–09(c)(3) of 1
this subtitle if on or before September 30, 2013, an individual: 2
(1) Has passed the national certifying examination by the Board of 3
Registered Polysomnographic Technologists or another examination approved by the 4
Board; 5
(2) Is certified by the Board of Registered Polysomnographic Technologists 6
as a registered polysomnographic technologist; 7
(3) Has submitted an application for licensure to the Board; and 8
(4) Meets all of the requirements under § 14–5C–09(b) and (c)(1) and (2) of 9
this subtitle. 10
(b) (1) If an individual has not satisfied the requirements under subsection (a) 11
of this section on or before September 30, 2013, the individual may petition the Board for 12
an extension. 13
(2) The Board shall determine whether to grant an extension under this 14
subsection on a case–by–case basis.] 15
14–5C–14.1. 16
(a) A licensee shall notify the Board in writing of a change in name or address 17
within [60] 10 days after the change. 18
14–5C–17. 19
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 20
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 21
license to any applicant, reprimand any licensee, place any licensee on probation, or 22
suspend or revoke a license, if the applicant or licensee: 23
(3) Is guilty of [unprofessional or immoral]: 24
(I) IMMORAL conduct in the practice of polysomnography; OR 25
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 26
POLYSOMNOGRAPHY ; 27
(4) Is [professionally, physically, or mentally]: 28
(I) PROFESSIONALLY INCOMP ETENT; 29
SENATE BILL 423 47
(II) PHYSICALLY INCOMPETEN T; OR 1
(III) MENTALLY incompetent; 2
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 3
polysomnography; 4
(15) [Knowingly] WILLFULLY practices polysomnography with an 5
unauthorized individual or aids an unautho rized individual in the practice of 6
polysomnography; 7
(16) [Knowingly] WILLFULLY delegates a polysomnographic duty to an 8
unlicensed individual; 9
(20) [Knowingly] WILLFULLY submits false statements to collect fees for 10
which services are not provided; 11
(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 12
violation of § 5–704 of the Family Law Article; 13
14–5C–18. 14
(c) (1) If the licensed polysomnographic technologist enters, or is considering 15
entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 16
Commission [on Accreditation of Healthcare Organizations] or that is certified by the 17
Department, the licensed polysomnographic technologist shall notify the hospital, related 18
institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 19
licensed polysomnographic technologist’s decision to enter the treatment program. 20
(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 21
for failure to report under this section. 22
14–5C–23. 23
(a) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 24
14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is guilty of a misdemeanor and 25
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 26
or both. 27
(b) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 28
14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is subject to a civil fine of not 29
more than $5,000 to be levied by a disciplinary panel. 30
(c) The Board shall pay any penalty collected under this section into the Board of 31
Physicians Fund. 32
48 SENATE BILL 423
14–5D–04. 1
There is an Athletic Trainer Advisory Committee within the Board. 2
14–5D–05. 3
(a) The Committee consists of [nine] SEVEN members appointed by the Board as 4
follows: 5
(1) Three licensed athletic trainers [who: 6
(i) Are certified by a national certifying board; and 7
(ii) Have a minimum of 5 years of clinical experience]; 8
(2) Three licensed physicians: 9
(i) At least one of whom is a specialist in orthopedic or sports 10
medicine; and 11
(ii) Two of whom previously or currently have partnered with or 12
directed an athletic trainer; AND 13
[(3) One member who is: 14
(i) A licensed chiropractor who has sports medicine experience; 15
(ii) A licensed physical therapist; or 16
(iii) A licensed occupational therapist; and 17
(4)] (3) [Two] ONE consumer [members] MEMBER. 18
[(b) (1) The athletic trainer members may be appointed by the Board from a 19
list of qualified individuals submitted to the Board by the Maryland Athletic Trainers 20
Association, Inc. 21
(2) The Board may request an additional list of nominees for each vacancy.] 22
(B) THE BOARD SHALL APPOINT A T LEAST ONE OF THE A THLETIC TRAINER 23
MEMBERS FROM A LIST OF NAMES SUBMITTED B Y THE MARYLAND ATHLETIC 24
TRAINERS ASSOCIATION, INC. 25
(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 26
IN GOOD STANDING WIT H THE BOARD. 27
SENATE BILL 423 49
[(c)] (D) The consumer member of the Committee: 1
(1) [Shall] MUST be a member of the general public; 2
(2) May not be or ever have been: 3
(i) An athletic trainer; 4
(ii) [A] ANY OTHER health care professional; or 5
(iii) In training to be an athletic trainer or other health professional; 6
and 7
(3) May not: 8
(i) Participate or ever have participated in a commercial or 9
professional field related to athletic training; 10
(ii) Have [had within 2 years before appointment a financial interest 11
in a person regulated by the Board] A HOUSEHOLD MEMBER W HO PARTICIPATES IN A 12
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO ATHLETIC TRAINING ; [or] 13
(iii) Have had within 2 years before appointment a financial interest 14
in the provision of goods or services to athletic trainers or to the field of athletic training; 15
OR 16
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 17
FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD. 18
(E) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF THE 19
STATE. 20
[(d)] (F) (1) The term of a member is 3 years. 21
(2) The terms of members are staggered as required by [the terms provided 22
for members of the Committee on October 1, 2009] REGULATION . 23
(3) At the end of a term, a member continues to serve until a successor is 24
appointed AND QUALIFIES . 25
(4) A member who is appointed after a term has begun serves only for the 26
rest of the term and until a successor is appointed AND QUALIFIES . 27
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 28
TERMS. 29 50 SENATE BILL 423
[(e)] (G) (1) From among its members, the Committee shall elect a chair 1
every 2 years. 2
(2) The chair shall serve in an advisory capacity to the Board as a 3
representative of the Committee. 4
(H) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS. 5
14–5D–06. 6
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 7
shall: 8
(1) Develop and recommend to the Board [regulations]: 9
(I) REGULATIONS to carry out this subtitle; AND 10
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 11
(2) [Develop and recommend to the Board continuing education 12
requirements for license renewal; 13
(3) Provide the Board with recommendations concerning the practice of 14
athletic training; 15
(4) Develop and recommend to the Board an evaluation and treatment 16
protocol for use by an athletic trainer and the physician with whom the athletic trainer 17
practices; 18
(5) Recommend to the Board approval, modification, or disapproval of 19
individual evaluation and treatment protocols; 20
(6)] Keep a record of its [proceedings] MEETINGS; and 21
[(7) Submit an annual report to the Board.] 22
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 23
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 24
OF ATHLETIC TRAINING ; AND 25
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 26
ATHLETIC TRAINERS . 27
SENATE BILL 423 51
[(b) The Board shall: 1
(1) Consider all recommendations of the Committee; and 2
(2) Provide to the Committee an annual report on the disciplinary matters 3
involving licensees.] 4
14–5D–07. 5
(b) This section does not apply to: 6
(1) An [individual] ATHLETIC TRAINER employed [by] IN THE SERVICE 7
OF the federal government [as an athletic trainer] while [the individual is] practicing 8
within the scope of [that] THE employment; 9
14–5D–10. 10
(a) An athletic trainer license authorizes the licensee to practice athletic training 11
services IN THE STATE while the license is effective. 12
14–5D–11.1. 13
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 on a 14
person who employs or supervises an individual without a license or without an approved 15
evaluation and treatment protocol. 16
14–5D–11.5. 17
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS SECTION , 18
EACH HOSPITAL, RELATED INSTITUTION , ALTERNATI VE HEALTH SYSTEM , AND 19
EMPLOYER SHALL FILE WITH THE BOARD A REPORT THAT T HE HOSPITAL, RELATED 20
INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, 21
OTHERWISE CHANGED , OR TERMINATED ANY LI CENSED ATHLETIC TRAI NER FOR 22
ANY REASON THAT MIGH T BE GROUNDS FOR DISCIPLIN ARY ACTION UNDER § 23
14–5D–14 OF THIS SUBTITLE. 24
(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 25
SYSTEM, OR AN EMPLOYER THAT HAS REASON TO KNOW T HAT A LICENSED ATHLE TIC 26
TRAINER HAS COMMITTE D AN ACTION OR HAS A CONDITION THAT MIGHT BE 27
GROUNDS FOR REPRIMAN D OR PROBATION OF TH E LICENSED ATHLETIC TRAINER 28
OR SUSPENSION OR REV OCATION OF THE LICEN SE BECAUSE THE LICEN SED 29
ATHLETIC TRAINER IS ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IS NOT REQU IRED 30
TO REPORT THE ATHLET IC TRAINER TO THE BOARD IF: 31
52 SENATE BILL 423
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 1
SYSTEM, OR EMPLOYER KNOWS TH AT THE LICENSED ATHL ETIC TRAINER IS: 2
(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM TH AT IS 3
ACCREDITED BY THE JOINT COMMISSION OR IS CERT IFIED BY THE DEPARTME NT; 4
OR 5
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 6
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE; 7
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 8
SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE L ICENSED ATHLET IC TRAINER 9
REMAINS IN THE TREAT MENT PROGRAM UNTIL D ISCHARGE; AND 10
(3) THE ACTION OR CONDITI ON OF THE LICENSED A THLETIC 11
TRAINER HAS NOT CAUS ED INJURY TO ANY PER SON WHILE THE PRACTI TIONER IS 12
PRACTICING AS A LICE NSED ATHLETIC TRAINE R. 13
(C) (1) IF THE LICEN SED ATHLETIC TRAINER ENTERS OR IS 14
CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 15
ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 16
DEPARTMENT , THE LICENSED ATHLETI C TRAINER SHALL NOTI FY THE HOSPITAL , 17
RELATED INSTITUTION , ALTERNATIVE HEALTH SYST EM, OR EMPLOYER WITHIN 15 18
DAYS AFTER THE LICENSED ATHLETI C TRAINER’S DECISION TO ENTER THE 19
TREATMENT PROGRAM . 20
(2) IF THE LICENSED ATHLE TIC TRAINER FAILS TO PROVIDE THE 21
NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION , AND THE 22
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 23
LEARNS THAT THE LICE NSED ATHLETIC TRAINE R HAS ENTERED A TREA TMENT 24
PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 25
OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LI CENSED ATHLETIC 26
TRAINER HAS ENTERED A TREATMENT PROGRAM AND HAS FAILED TO PR OVIDE THE 27
REQUIRED NOTICE . 28
(3) IF THE TREATMENT PROGRAM FI NDS THAT THE LICENSED 29
ATHLETIC TRAINER IS NONCOMPLIANT WITH TH E TREATMENT PROGRAM ’S 30
POLICIES AND PROCEDU RES WHILE IN THE TREATMENT PROGRAM , THE TREATMENT 31
PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 32
HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED ATHLETIC TRA INER’S 33
NONCOMPLIANCE . 34
SENATE BILL 423 53
(4) ON RECEIPT OF A NOTIFICATION MADE UNDER PARAGRAPH (3) OF 1
THIS SUBSECT ION, THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 2
SYSTEM, OR EMPLOYER OF THE L ICENSED ATHLETIC TRA INER SHALL REPORT TH E 3
LICENSED ATHLETIC TR AINER’S NONCOMPLIANCE TO T HE BOARD. 4
(D) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 5
REPORT TH AT WOULD BE IN VIOLA TION OF ANY FEDERAL OR STATE LAW, RULE, OR 6
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRU G ABUSE 7
PATIENT RECORDS . 8
(E) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 9
SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REP ORT TO THE BOARD UNDER 10
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 11
REQUIRING THE REPORT . 12
(F) A REPORT MADE UNDER TH IS SECTION IS NOT SU BJECT TO SUBPOENA 13
OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A PROCEEDING ARI SING OUT OF 14
A HEARING AND DECISION O F THE BOARD OR A DISCIPLINA RY PANEL UNDER THIS 15
TITLE. 16
(G) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 17
$5,000 FOR FAILURE TO REPOR T UNDER THIS SECTION . 18
(2) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 19
SUBSECTION INTO THE GENERAL FUND OF THE STATE. 20
14–5D–12.1. 21
(a) A licensee shall notify the Board in writing of a change in name or address 22
within [60] 10 days after the change. 23
14–5D–14. 24
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 25
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 26
license to any applicant, reprimand any licensee, place any licensee on probation, or 27
suspend or revoke a license, if the applicant or licensee: 28
(3) Is guilty of [unprofessional or immoral]: 29
(I) IMMORAL conduct in the practice of athletic training; OR 30
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 31
ATHLETIC TRAINING ; 32 54 SENATE BILL 423
(4) Is [professionally, physically, or mentally]: 1
(I) PROFESSIONALLY INCOMP ETENT; 2
(II) PHYSICALLY INCOMPETEN T; OR 3
(III) MENTALLY incompetent; 4
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 5
athletic training; 6
(15) [Knowingly] WILLFULLY practices athletic training with an 7
unauthorized individual or aids an unauthorized individual in the practice of athletic 8
trainer services; 9
(19) [Knowingly] WILLFULLY submits false statements to collect fees for 10
which services have not been provided; 11
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 12
violation of § 5–704 of the Family Law Article; 13
14–5E–05. 14
There is a Perfusion Advisory Committee within the Board. 15
14–5E–06. 16
(a) The Committee consists of seven members, appointed by the Board as follows: 17
(1) [(i) On or before September 30, 2013, three individuals who practice 18
perfusion and who: 19
1. Are certified by a national certifying board; and 20
2. Have a minimum of 2 years experience; and 21
(ii) On or after October 1, 2013, three] THREE licensed 22
perfusionists; 23
(2) Three LICENSED physicians, at least one of whom performs cardiac or 24
cardio–thoracic surgery or is a cardiac anesthesiologist; and 25
(3) One consumer member. 26
SENATE BILL 423 55
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 1
IN GOOD STANDING WIT H THE BOARD. 2
[(b)] (C) The consumer member of the Committee: 3
(1) [Shall] MUST be a member of the general public; 4
(2) May not [practice or ever have practiced perfusion or any health care 5
profession; 6
(3) May not be or ever have been in training to practice perfusion or any 7
other health care profession; 8
(4) May not have a household member who is a health care professional or 9
is in training to be a health care professional] BE OR EVER HAVE BEEN: 10
(I) A PERFUSIONIST ; 11
(II) ANY OTHER HEALTH CARE PROFESSI ONAL; OR 12
(III) IN TRAINING TO BE A PERFUSIONIST OR OTHE R HEALTH 13
PROFESSIONAL ; and 14
[(5)] (3) May not: 15
(i) Participate or ever have participated in a commercial or 16
professional field related to perfusion; 17
(ii) Have a household member who participates in a commercial or 18
professional field related to perfusion; 19
(iii) Have had within 2 years before appointment a financial interest 20
in a person regulated by the Board; or 21
(iv) Have had within 2 years before appointment a financial interest 22
in the provision of goods or services to perfusionists or to the field of perfusion. 23
(D) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF THE 24
STATE. 25
[(c)] (E) (1) The term of a member is 3 years. 26
(2) The terms of members are staggered as required by [the terms provided 27
for members of the Committee on October 1, 2012] REGULATION . 28
56 SENATE BILL 423
(3) At the end of a term, a member continues to serve until a successor is 1
appointed and qualifies. 2
(4) A member who is appointed after a term has begun serves only for the 3
rest of the term and until a successor is appointed and qualifies. 4
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE FULL 5
TERMS. 6
[(d)] (F) (1) From among its members, the Committee shall elect a chair 7
every 2 years. 8
(2) The chair shall serve in an advisory capacity to the Board as a 9
representative of the Committee. 10
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
14–5E–07. 12
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 13
shall: 14
(1) Develop and recommend to the Board: 15
(i) Regulations to carry out [the provisions of] this subtitle; AND 16
(ii) [A code of ethics for the practice of perfusion for adoption by the 17
Board; 18
(iii) Recommendations concerning the practice of perfusion, including 19
standards of care for the practice of perfusion; and 20
(iv) Continuing education requirements for license renewal] ANY 21
STATUTORY CHANGES TH AT AFFECT THE PROFESSION ; 22
(2) Keep a record of its [proceedings] MEETINGS; and 23
(3) [Submit an annual report to the Board] ON REQUEST OF THE BOARD 24
OR A DISCIPLINARY PA NEL OF THE BOARD: 25
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 26
OF PERFUSION ; AND 27
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 28
PERFUSIONISTS . 29 SENATE BILL 423 57
[(b) The Board shall: 1
(1) Consider all recommendations of the Committee; and 2
(2) Provide to the Committee an annual report on the disciplinary matters 3
involving licensees.] 4
14–5E–08. 5
(b) This section does not apply to [a]: 6
(1) A student enrolled in an education program under § 14–5E–09(c)(2) of 7
this subtitle while practicing perfusion in that program; OR 8
(2) A PERFUSIONIST EMPLOYE D IN THE SERVICE OF THE FEDERAL 9
GOVERNMENT WHILE PRACTICING WIT HIN THE SCOPE OF THE EMPLOYMENT . 10
14–5E–14. 11
(a) (1) A [licensed perfusionist] LICENSEE shall notify the Board in writing of 12
a change in name or address within [60] 10 days after the change. 13
14–5E–16. 14
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 15
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 16
license to any applicant, reprimand any licensee, place any licensee on probation, or 17
suspend or revoke a license, if the applicant or licensee: 18
(3) Is guilty of [unprofessional or immoral]: 19
(I) IMMORAL conduct in the practice of perfusion; OR 20
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 21
PERFUSION; 22
(4) Is [professionally, physically, or mentally]: 23
(I) PROFESSIONALLY INCOMP ETENT; 24
(II) PHYSICALLY INCOMPETEN T; OR 25
(III) MENTALLY incompetent; 26
58 SENATE BILL 423
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 1
perfusion; 2
(15) [Knowingly] WILLFULLY practices perfusion with an unauthorized 3
individual or aids an unauthorized individual in the practice of perfusion; 4
(16) [Knowingly] WILLFULLY delegates a perfusion duty to an unlicensed 5
individual; 6
(20) [Knowingly] WILLFULLY submits false statements to collect fees for 7
which services are not provided; 8
(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 9
violation of § 5–704 of the Family Law Article; 10
14–5E–18. 11
(c) (1) If the licensed perfusionist enters, or is considering entering, an alcohol 12
or drug treatment program that is accredited by [the] THE Joint Commission [on 13
Accreditation of Healthcare Organizations] or that is certified by the Department, the 14
licensed perfusionist shall notify the hospital, related institution, alternative health 15
system, or employer [of] WITHIN 15 DAYS AFTER the licensed perfusionist’s decision to 16
enter the treatment program. 17
(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 18
for failure to report under this section. 19
14–5E–22.1. 20
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 21
PHYSICIAN MAY NOT EM PLOY OR SUPERVISE AN INDIVIDUAL PRACTICIN G 22
PERFUSION WITHOUT A LICENSE. 23
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SUB TITLE, A HOSPITAL, A 24
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 25
NOT EMPLOY AN INDIVI DUAL TO PRACTICE PER FUSION WITHOUT A LIC ENSE. 26
(C) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 27
FOR A VIOLATION OF THIS SECTI ON. 28
(D) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 29
SECTION INTO THE GENERAL FUND OF THE STATE. 30
14–5F–06. 31
SENATE BILL 423 59
There is a Naturopathic Medicine Advisory Committee within the Board. 1
14–5F–07. 2
(a) (1) The Committee consists of five members appointed by the Board as 3
follows: 4
(i) Two shall be [individuals who practice naturopathic medicine 5
and who: 6
1. On or after October 1, 2014: 7
A. Are certified by the North American Board of 8
Naturopathic Examiners; and 9
B. Have a minimum of 2 years experience; and 10
2. On or after March 1, 2016, are] licensed naturopathic 11
doctors; 12
(ii) One shall be a [practicing] licensed physician; 13
(iii) One shall be a [practicing] licensed physician with experience 14
working with naturopathic doctors; and 15
(iv) One shall be a consumer member. 16
(2) The Board shall appoint the naturopathic doctor members from a list of 17
names submitted by the Maryland Association of Naturopathic Physicians. 18
(b) Each [naturopathic doctor member of the Committee shall be: 19
(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 20
BE IN good standing with the Board[; and 21
(2) A resident of the State who has been engaged actively in the practice or 22
instruction of naturopathic medicine for at least 5 years immediately before appointment]. 23
[(c) The physician members of the Committee shall be in good standing with the 24
Board.] 25
[(d)] (C) The consumer member of the Committee: 26
(1) [Shall] MUST be a [resident of the State and a] member of the general 27
public; 28
60 SENATE BILL 423
(2) May not be or ever have been [licensed to practice a health occupation 1
under this article]: 2
(I) A LICENSED NATUROPATHI C DOCTOR; 3
(II) ANY OTHER HEALTH CARE PROFESSI ONAL; OR 4
(III) IN TRAINING TO BE A N ATUROPATHIC DOCTOR OR OTHER 5
HEALTH PROFESSIONAL ; and 6
(3) May not [have a substantial personal, business, professional, or 7
pecuniary connection with naturopathic education, business, or practice.]: 8
(I) PARTICIPATE OR EVER H AVE PARTICIPATED IN A 9
COMMERCIAL OR PROFESSIONAL FIEL D RELATED TO NATUROP ATHIC MEDICINE ; 10
(II) HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN A 11
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 12
(III) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 13
FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 14
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 15
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO 16
NATUROPATHIC DOCTORS OR TO THE FIELD OF N ATUROPATHIC MEDICINE . 17
(D) EACH MEMBER OF THE COMMITTEE MUST BE A RESIDENT OF THE 18
STATE. 19
(e) (1) The term of a member is [4] 3 years. 20
(2) The terms of members are staggered as required by [the terms provided 21
for members of the Committee on October 1, 2014] REGULATION . 22
(3) At the end of a term, a member continues to serve until a successor is 23
appointed and qualifies. 24
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 25
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 26
QUALIFIES. 27
[(4)] (5) A member may not serve more than two consecutive full terms. 28
(f) From among its members, the Committee shall elect a chair every 2 years. 29 SENATE BILL 423 61
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 1
14–5F–08. 2
In addition to the powers set forth elsewhere in this subtitle, the Committee shall: 3
(1) Develop and recommend to the Board [regulations]: 4
(I) REGULATIONS to carry out this subtitle; AND 5
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 6
(2) [Develop and recommend to the Board procedures for the issuance of 7
licenses to applicants who qualify for licensure by reciprocity; 8
(3) Evaluate the content of any clinical, practical, or residency requirement 9
for licensure; 10
(4) Provide any service and perform any function that is necessary to fulfill 11
its purposes; 12
(5) Develop and recommend to the Board examination standards, 13
consistent with the standards enumerated in this subtitle, for licensure and times at which 14
the examinations will be given; 15
(6) Develop and recommend to the Board a code of ethics for licensed 16
naturopathic doctors; and 17
(7) Develop and recommend to the Board continuing education 18
requirements for license renewal] KEEP A RECORD OF ITS MEETINGS; AND 19
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL OF THE 20
BOARD: 21
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRACTI CE 22
OF NATUROPATHIC MEDI CINE; AND 23
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 24
NATUROPATHIC DOCTORS . 25
14–5F–10. 26
(b) This section does not apply to: 27
62 SENATE BILL 423
(1) [An individual] A NATUROPATHIC DOCTOR who is employed [by the 1
United States] IN THE SERVICE OF TH E FEDERAL government [to practice naturopathic 2
medicine] while practicing within the scope of [that] THE employment; 3
14–5F–12. 4
To apply for a license, an applicant shall: 5
(1) Complete a criminal history records check in accordance with § 6
14–308.1 of this title; 7
(2) Submit an application to the Board on a form that the Board requires; 8
(3) Pay to the Board an application fee set by the Board; AND 9
(4) If the applicant has been licensed, certified, or registered to practice 10
naturopathic medicine in another state, submit all evidence relating to: 11
(i) Any disciplinary action taken or any administrative penalties 12
assessed against the applicant by the appropriate state licensing, certification, or 13
registration authority; and 14
(ii) Any consent agreements the applicant entered into that contain 15
conditions placed on the applicant’s professional conduct and practice, including any 16
voluntary surrender of a license[; 17
(5) Complete and submit to the Board a Board–approved written 18
attestation that: 19
(i) States that the applicant has a collaboration and consultation 20
agreement with a physician licensed under this article; 21
(ii) Includes the name and license number of the physician with 22
whom the applicant has a collaboration and consultation agreement; 23
(iii) States that the applicant will refer patients to and consult with 24
physicians and other health care providers licensed or certified under this article as needed; 25
and 26
(iv) States that the applicant will require patients to sign a consent 27
form that states that the applicant’s practice of naturopathic medicine is limited to the 28
scope of practice identified in § 14–5F–14 of this subtitle; and 29
(6) Inform the physician named in the attestation that the physician has 30
been named]. 31
SENATE BILL 423 63
14–5F–12.1. 1
(A) TO PRACTICE NATUROPAT HIC MEDICINE IN THE STATE, A 2
NATUROPATHIC DOCTOR SHALL MAINTAIN AT ALL TIME S A COLLABORATION AND 3
CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN TH E STATE. 4
(B) BEFORE AN INDIVIDUAL MAY PRACTICE NATUROP ATHIC MEDICINE IN 5
THE STATE, THE INDIVIDUAL SHALL: 6
(1) OBTAIN A LICENSE UNDE R THIS SUBTITLE; 7
(2) ENTER INTO A COLLABOR ATION AND CONSULTATI ON 8
AGREEMENT WITH A PHY SICIAN LICENSED IN THE STATE; AND 9
(3) ATTEST TO THE COMPLET ION OF THE COLLABORATION AND 10
CONSULTATION AGREEME NT ON A FORM PROVIDE D BY THE BOARD. 11
(C) A COLLABORATION AND CO NSULTATION AGREEMENT SHALL: 12
(1) STATE THAT THE APPLIC ANT HAS A COLLABORAT ION AND 13
CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE; 14
(2) INCLUDE THE NAME AND LICENSE NUMBER OF TH E PHYSICIAN 15
WITH WHOM THE APPLIC ANT HAS A COLLABORAT ION AND CONSULTATION 16
AGREEMENT ; 17
(3) STATE THAT THE APPLICANT W ILL REFER PATIENTS T O AND 18
CONSULT WITH PHYSICI ANS AND OTHER HEALTH CARE PROVIDERS LICEN SED OR 19
CERTIFIED UNDER THIS ARTICLE AS NEEDED ; AND 20
(4) STATES THAT THE APPLICANT W ILL REQUIRE PATIENTS TO SIGN 21
A CONSENT FORM THAT STATES THAT THE APPL ICANT’S PRACTICE OF 22
NATUROPATHIC MEDICIN E IS LIMITED TO THE SCOPE OF PRACTICE ESTABLISHED IN 23
§ 14–5F–14 OF THIS SUBTITLE. 24
(D) A NATUROPATHIC DOCTOR SHALL INFORM THE PHY SICIAN NAMED IN 25
THE COLLABORATION AND CO NSULTATION AGREEMENT THAT THE PHYSICIAN H AS 26
BEEN NAMED . 27
(E) SUBJECT TO THE NOTICE REQUIRED UNDER § 14–5F–12.2 OF THIS 28
SUBTITLE, A NATUROPATHIC DOCTO R AND A LICENSED PHY SICIAN MAY TERMINATE 29
A COLLABORATION AND CONSULTATION AGREEME NT AT ANY TIME. 30
64 SENATE BILL 423
(F) IN THE EVENT OF THE S UDDEN DEPARTURE , INCAPACITY, OR DEATH OF 1
THE NAMED LICENSED P HYSICIAN OR CHANGE I N LICENSE STATUS THAT RESULT S 2
IN THE NAMED LICENSE D PHYSICIAN BEING UN ABLE TO PRACTICE MED ICINE, THE 3
NATUROPATHIC DOCTOR MAY NOT PRACTICE IN THE STATE UNTIL THE 4
NATUROPATHIC DOCTOR ENTERS INTO A NEW CO LLABORATION AND CONS ULTATION 5
AGREEMENT . 6
(G) A NATUROPATHIC D OCTOR WHOSE COLLABOR ATION AND 7
CONSULTATION AGREEME NT IS TERMINATED MAY NOT PRACTICE NATUROP ATHIC 8
MEDICINE IN THE STATE. 9
14–5F–12.2. 10
(A) A PHYSICIAN OR AN EMPL OYER SHALL NOTIFY TH E BOARD WITHIN 10 11
DAYS AFTER THE TERMINATION OF A NATUROPATHIC DOCTOR FOR REASONS THAT 12
WOULD BE GROUNDS FOR DISCIPLINE UNDER THI S SUBTITLE. 13
(B) A PHYSICIAN NAMED IN A COLLABORATION AND CO NSULTATION 14
AGREEMENT WITH A NAT UROPATHIC DOCTOR AND A NATUROPATHIC DOCTO R 15
SHALL NOTIFY THE BOARD WITHIN 10 DAYS AFTER THE TERMINATION OF A 16
COLLABORATION AND CO NSULTATION AGREEMENT . 17
14–5F–15.1. 18
(a) A licensee shall notify the Board in writing of a change in name or address 19
within [60] 10 days after the change. 20
14–5F–18. 21
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 22
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 23
license to any applicant, reprimand any licensee, place any licensee on probation, or 24
suspend or revoke a license of any licensee if the applicant or licensee: 25
(2) [Has been found to be mentally] IS: 26
(I) PROFESSIONALLY incompetent [by a physician if the mental 27
incompetence impairs the ability of the applicant or licensee to undertake the practice of 28
naturopathic medicine in a manner consistent with the safety of the public]; 29
(II) PHYSICALLY INCOMPETEN T; OR 30
(III) MENTALLY INCOMPETENT ; 31
SENATE BILL 423 65
(19) Is guilty of [unprofessional or immoral]: 1
(I) IMMORAL conduct in the practice of naturopathic medicine; OR 2
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 3
NATUROPATHIC MEDICIN E; 4
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 5
violation of § 5–704 of the Family Law Article; 6
14–5F–19. 7
(a) [This section applies to: 8
(1) A licensed naturopathic doctor; 9
(2) A licensed health care practitioner; 10
(3) A health care facility, as defined in § 19–114 of the Health – General 11
Article, located in the State; and 12
(4) A State agency. 13
(b) A person listed in subsection (a) of this section shall file a written report with 14
the Board if the person has information that gives the person reason to believe that a 15
licensed naturopathic doctor is or may be: 16
(1) Medically or legally incompetent; 17
(2) Engaged in the unauthorized practice of naturopathic medicine; 18
(3) Guilty of unprofessional conduct; or 19
(4) Mentally or physically unable to engage safely in the practice of 20
naturopathic medicine. 21
(c) A person required to file a report under subsection (b) of this section shall file 22
the report within 30 days after becoming aware of the information. 23
(d)] A [health care facility shall report promptly to the Board] HOSPITAL, A 24
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, AND AN EMPLOYER 25
SHALL SUBMIT TO THE BOARD A REPORT if: 26
(1) A licensed naturopathic doctor voluntarily resigns from the staff of the 27
[health care facility] HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 28
SYSTEM, OR EMPLOYER , voluntarily limits the licensee’s staff privileges, or fails to 29 66 SENATE BILL 423
reapply for [hospital] privileges at the [health care facility] HOSPITAL, RELATED 1
INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER ; and 2
(2) The action of the licensee occurs while the licensee is under formal or 3
informal investigation by the [health care facility] HOSPITAL, RELATED INSTITUTION , 4
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER for possible medical incompetence, 5
unprofessional conduct, or mental or physical impairment. 6
(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (E) OF THIS SECTION , 7
EACH HOSPITAL , RELATED INSTITUTION, ALTERNATIVE HEALTH S YSTEM, AND 8
EMPLOYER SHALL FILE WITH THE BOARD A REPORT THAT T HE HOSPITAL, RELATED 9
INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, 10
OTHERWISE CHANGED , OR TERMINATED ANY LI CENSED NATUROPATHIC DOCTOR 11
FOR ANY REASON THAT MIGHT BE GROUNDS FOR DISCI PLINARY ACTION UNDER § 12
14–5F–18 OF THIS SUBTITLE. 13
(C) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 14
SYSTEM, OR AN EMPLOYER THAT HAS REASON TO KNOW T HAT A LICENSED 15
NATUROPATHIC DOCTOR HAS COMMITTED AN AC TION OR HAS A CONDIT ION THAT 16
MIGHT BE GROUNDS FOR REPRIMAND OR PROBATI ON OF THE LICENSED 17
NATUROPATHIC DOCTOR OR SUSPENSION OR REV OCATION OF THE LICEN SE 18
BECAUSE THE LICENSED NATUROPATHIC DOCTOR IS ALCOHOL–IMPAIRED OR 19
DRUG–IMPAIRED IS NOT REQU IRED TO REPORT THE NATUROPATHIC DOC TOR TO 20
THE BOARD IF: 21
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 22
SYSTEM, OR EMPLOYER KNOWS TH AT THE LICENSED NATUROPATHIC DOCTOR IS: 23
(I) IN AN ALCOHOL OR DRUG TREATMENT PROGRAM TH AT IS 24
ACCREDITED BY THE JOINT COMMISSION OR IS CERTIFIED BY T HE DEPARTMENT ; 25
OR 26
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 27
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE; 28
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 29
SYSTEM, OR EMPLOYER IS AB LE TO VERIFY THAT TH E LICENSED NATUROPATHIC 30
DOCTOR REMAINS IN THE TREAT MENT PROGRAM UNTIL D ISCHARGE; AND 31
(3) THE ACTION OR CONDITI ON OF THE LICENSED NATUROPATHIC 32
DOCTOR HAS NOT CAUSED INJUR Y TO ANY PERSON WHIL E THE PRACTITIONER I S 33
PRACTICING AS A LICE NSED NATUROPATHIC DOCTOR . 34
SENATE BILL 423 67
(D) (1) IF THE LICENSED NATUR OPATHIC DOCTOR ENTER S OR IS 1
CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 2
ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 3
DEPARTMENT , THE LICENSED NATUROP ATHIC DOCTOR SHALL NOTIFY THE 4
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 5
WITHIN 15 DAYS AFTER THE LICEN SED NATUROPATHIC DOC TOR’S DECISION TO 6
ENTER THE TREATMENT PROGRAM. 7
(2) IF THE LICENSED NATUR OPATHIC DOCTOR FAILS TO PROVIDE 8
THE NOTICE REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION A ND THE 9
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 10
LEARNS THAT THE LICE NSED NATUROPATHIC DO CTOR HAS ENTERED A T REATMENT 11
PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALT H SYSTEM, 12
OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED NATUROPATHIC 13
DOCTOR HAS ENTERED A TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE 14
REQUIRED NOTICE . 15
(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 16
NATUROPATHIC DOCTOR IS NONCOMPLIAN T WITH THE TREATMENT PROGRAM’S 17
POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 18
PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 19
HEALTH SYSTEM , OR EMPLOYER OF THE L ICENSED NATUROPATHIC DOCTOR ’S 20
NONCOMPLIANCE . 21
(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER PARAGRAPH (3) OF 22
THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 23
SYSTEM, OR EMPLOYER OF THE L ICENSED NATUROPATHIC DOCTOR SHALL REPORT 24
THE LICENSED NATUROPATHIC DOCTOR ’S NONCOMPLIANCE TO T HE BOARD. 25
(E) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 26
REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 27
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRU G ABUSE 28
PATIENT RECORDS . 29
(F) A HOSPITAL, A RELATED INSTITUTION, AN ALTERNATIVE HEALT H 30
SYSTEM, OR AN EMPLOYER REQUI RED TO MAKE A REPORT TO THE BOARD UNDER 31
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 32
REQUIRING THE REPORT . 33
(G) A REPORT MADE UNDER TH IS SECTION IS NOT SU BJECT TO SUBPO ENA 34
OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A PROCEEDING ARI SING OUT OF 35
A HEARING AND DECISI ON OF THE BOARD OR A DISCIPLINA RY PANEL UNDER THIS 36
TITLE. 37 68 SENATE BILL 423
(H) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 1
$5,000 FOR FAILURE TO REPOR T UNDER THIS SECTION. 2
(2) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 3
SUBSECTION INTO THE GENERAL FUND OF THE STATE. 4
[14–5F–20. 5
(a) The Board shall investigate any complaint filed with the Board that alleges 6
that there are grounds for action under § 14–5F–18 of this subtitle. 7
(b) After the Board’s investigation, the Board or a disciplinary panel, on the 8
affirmative vote of a majority of its members then serving, may commence action on any of 9
the grounds set forth in § 14–5F–18 of this subtitle. 10
(c) (1) Except as provided in paragraph (2) of this subsection, until the Board 11
or a disciplinary panel passes an order under § 14–5F–22 of this subtitle, each related 12
investigation, report, and recommendation is confidential. 13
(2) On the request of a person who has made a complaint to the Board, the 14
Board shall provide the person with information on the status of the complaint.] 15
14–5F–20. 16
(A) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL DENIAL OF 17
A LICENSE APPLICATIO N, THE BOARD SHALL DISCLOSE THE FILING TO THE PUBLIC 18
ON THE BOARD’S WEBSITE. 19
(B) THE BOARD SHALL CREATE AN D MAINTAIN A PUBLIC INDIVIDUAL 20
PROFILE ON EACH LICE NSEE THAT INCLUDES T HE FOLLOWING INFORMA TION: 21
(1) A SUMMARY OF CHARGES F ILED AGAINST THE LIC ENSEE, 22
INCLUDING A COPY OF THE CHARGING DOCUMENT , UNTIL A DISCIPLINARY PANEL 23
HAS TAKEN ACTION UND ER § 14–5F–18 OF THIS SUBTITLE BAS ED ON THE CHARGES 24
OR HAS RESCINDED THE CHARGES; 25
(2) A DESCRIPTION OF ANY D ISCIPLINARY ACTION T AKEN BY THE 26
BOARD OR A DISCIPLINA RY PANEL AGAINST THE LICENSEE WITHIN THE MO ST 27
RECENT 10–YEAR PERIOD THAT INC LUDES A COPY OF THE PUBLIC ORDER ; 28
(3) A DESCRIPTION IN SUMMA RY FORM OF ANY FINAL DISCIPLINARY 29
ACTION TAKEN BY A LI CENSING BOARD IN ANY OTHER STATE OR JURIS DICTION 30 SENATE BILL 423 69
AGAINST THE LICENSEE WITHIN THE MOST RECENT 10–YEAR PERIOD IF THE BOARD 1
KNOWS ABOUT THE DISC IPLINARY ACTION ; 2
(4) A DESCRIPTION OF A CON VICTION OR ENTRY OF A PLEA OF 3
GUILTY OR NOLO CONTE NDERE BY THE LICENSE E FOR A CRIME INVOLV ING MORAL 4
TURPITUDE THAT IS TH E BASIS FOR DISCIPLI NARY ACTION TAK EN UNDER § 5
14–5F–18(C) OF THIS SUBTITLE ; AND 6
(5) THE PUBLIC ADDRESS OF THE LICENSEE. 7
(C) IN ADDITION TO THE INFORMATION REQUIRED UNDER SUBSECTION (B) 8
OF THIS SECTION , THE BOARD SHALL INCLUDE O N EACH LICENSEE ’S PROFILE A 9
STATEMENT OF INFORMA TION TO BE TAKEN INT O CONSIDERATION BY A CONSUMER 10
WHEN VIEWING A LICEN SEE’S PROFILE, INCLUDING A DISCLAIM ER STATING THAT A 11
CHARGING DOCUMENT DO ES NOT INDICATE A FINAL FIN DING OF GUILT BY A 12
DISCIPLINARY PANEL . 13
(D) THE BOARD: 14
(1) ON RECEIPT OF A WRITT EN REQUEST FOR A LIC ENSEE’S PROFILE 15
FROM ANY PERSON , SHALL FORWARD A WRIT TEN COPY OF THE PROF ILE TO THE 16
PERSON; AND 17
(2) SHALL MAINTAIN A WEBS ITE THAT SERVES AS A SINGLE P OINT OF 18
ENTRY WHERE ALL LICE NSEE PROFILE INFORMA TION IS AVAILABLE TO THE PUBLIC 19
ON THE INTERNET. 20
(E) THE BOARD SHALL PROVIDE A MECHANISM FOR THE NO TIFICATION 21
AND PROMPT CORRECTIO N OF ANY FACTUAL INA CCURACIES IN A LICEN SEE’S 22
PROFILE. 23
(F) THE BOARD SHALL INCLUDE I NFORMATION RELATING TO CHARGES 24
FILED AGAINST A LICE NSEE BY A DISCIPLINA RY PANEL AND ANY FIN AL 25
DISCIPLINARY ACTION TAKEN BY A DISCIPLIN ARY PANEL AGAINST A LICENSEE IN 26
THE LICENSEE’S PROFILE WITHIN 10 DAYS AFTER THE CHARG ES ARE FILED OR THE 27
ACTION BECOMES FINAL . 28
14–5F–21. 29
[(f) If, after a hearing, an individual is found in violation of § 14–5F–18 of this 30
subtitle, the individual shall pay the costs of the hearing as specified in a regulation 31
adopted by the Board.] 32
14–5F–25. 33 70 SENATE BILL 423
(A) A disciplinary panel may issue a cease and desist order for: 1
(1) Practicing naturopathic medicine without a license or with an 2
unauthorized person; or 3
(2) Supervising or aiding an unauthorized person in the practice of 4
naturopathic medicine. 5
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 6
PHYSICIAN MAY NOT EM PLOY AN INDIVIDUAL P RACTICING NATUROPATHIC 7
MEDICINE WITHOUT A L ICENSE OR WITHOUT A COLLABO RATION AND 8
CONSULTATION AGREEME NT. 9
(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBTITLE, A HOSPITAL, A 10
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 11
NOT EMPLOY AN INDIVI DUAL PRACTIC ING NATUROPATHIC MEDICIN E WITHOUT A 12
LICENSE OR WITHOUT A COLLABO RATION AND CONSULTAT ION AGREEMENT . 13
(D) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PENAL TY OF UP TO $5,000 14
FOR A VIOLATION OF T HIS SECTION. 15
(E) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 16
SECTION INTO THE GENERAL FUND OF THE STATE. 17
14–5G–05. 18
There is a Genetic Counseling Advisory Committee within the Board. 19
14–5G–06. 20
(a) The Committee consists of members appointed by the Board as follows: 21
(1) Three shall be [individuals who practice genetic counseling and who: 22
(i) On or before December 31, 2023, are certified genetic counselors; 23
and 24
(ii) On or after January 1, 2024, are] licensed genetic counselors; 25
(2) Three shall be [practicing] licensed physicians; and 26
(3) One shall be a consumer member. 27
(b) Each [genetic counselor member of the Committee must be: 28 SENATE BILL 423 71
(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 1
BE IN good standing with the Board[; and 2
(2) A resident of the State who has at least 1 year of active genetic 3
counseling experience within the 5–year period immediately preceding the date of the 4
appointment]. 5
(c) The licensed physician members of the Committee must[: 6
(1) Be in good standing with the Board; and 7
(2) Have] HAVE experience working with genetic counselors. 8
(d) The consumer member of the Committee: 9
(1) Must be a member of the general public; 10
(2) May not be or ever have been: 11
(i) A genetic counselor; 12
(ii) Any OTHER health care professional; or 13
(iii) In training to be a genetic counselor or other health professional; 14
and 15
(3) May not: 16
(i) Participate or ever have participated in a commercial or 17
professional field related to genetic counseling; 18
(ii) Have a household member who participates in a commercial or 19
professional field related to genetic counseling; [or] 20
(iii) Have had within 2 years before appointment a financial interest 21
in a person regulated by the Board; OR 22
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 23
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO GENETIC 24
COUNSELORS OR TO THE FIELD OF GENETIC COU NSELING. 25
(E) EACH MEMBE R OF THE COMMITTEE MUST BE A RESIDENT OF THE 26
STATE. 27
[(e)] (F) (1) The term of a member is 3 years. 28 72 SENATE BILL 423
(2) The terms of members are staggered as required by [the terms provided 1
for members of the Committee on January 1, 2022] REGULATION . 2
(3) At the end of a term, a member continues to serve until a successor is 3
appointed and qualifies. 4
(4) A member may not serve more than two consecutive full terms. 5
(5) A member who is appointed after a term has begun serves only for the 6
rest of the term and until a successor is appointed and qualifies. 7
[(f)] (G) From among its members, the Committee shall elect a chair every 2 8
years. 9
[(g)] (H) A quorum of the Committee consists of five members. 10
14–5G–07. 11
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 12
shall: 13
(1) Develop and recommend to the Board [regulations]: 14
(I) REGULATIONS to carry out this subtitle; AND 15
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 16
(2) [Develop and recommend to the Board a code of ethics for the practice 17
of genetic counseling; 18
(3) Develop and recommend to the Board continuing education 19
requirements for license renewal; 20
(4) Develop and recommend to the Board criteria for individuals who are 21
licensed to practice genetic counseling in another state or territory of the United States to 22
become licensed in this State; 23
(5) Evaluate the credentials of applicants as necessary and recommend 24
licensure of applicants who fulfill the requirements for a license to practice genetic 25
counseling; 26
(6) On request, develop and recommend to the Board standards of care for 27
the practice of genetic counseling; 28
SENATE BILL 423 73
(7) Provide the Board with recommendations concerning the practice of 1
genetic counseling; 2
(8)] Keep a record of its [proceedings] MEETINGS; and 3
[(9) Submit an annual report to the Board.] 4
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 5
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 6
OF GENETIC COUNSELIN G; AND 7
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 8
GENETIC COUNSELORS . 9
[(b) The Board shall: 10
(1) Consider all recommendations of the Committee; and 11
(2) Provide to the Committee an annual report on the disciplinary matters 12
involving licensees.] 13
14–5G–08. 14
(b) This section does not apply to: 15
(1) [An individual] A GENETIC COUNSELOR who is employed [by the 16
United States] IN THE SERVICE OF TH E FEDERAL government [to practice genetic 17
counseling] while practicing within the scope of [that] THE employment; 18
14–5G–09. 19
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 20
individual who meets the requirements of this section. 21
(b) The applicant must be of good moral character. 22
(c) The applicant must be at least 18 years old. 23
(d) The applicant must be a graduate of an appropriate education program 24
approved by the Board. 25
(e) [Except as provided in subsection (f) of this section, the] THE applicant shall 26
submit to the Board satisfactory evidence of certification by a national certifying 27
organization approved by the Board. 28
74 SENATE BILL 423
(f) [If an applicant does not meet the requirement under subsection (e) of this 1
section, the applicant may qualify for licensure if the applicant: 2
(1) Has worked as a genetic counselor for: 3
(i) At least 10 years before January 1, 2024; and 4
(ii) At least 5 consecutive years immediately preceding the date on 5
which the applicant submits the application for licensure; 6
(2) Has graduated from an education program approved by the Board; 7
(3) Submits to the Board three letters of recommendation from licensed 8
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 9
for licensure and who: 10
(i) Have worked with the applicant in an employment or 11
professional setting for 3 years before the applicant submits the application for licensure; 12
and 13
(ii) Can attest to the applicant’s competency in providing genetic 14
counseling services; and 15
(4) Applies for initial licensure on or before December 31, 2024. 16
(g)] The applicant shall complete a criminal history records check in accordance 17
with § 14–308.1 of this title. 18
[(h)] (G) The applicant shall meet any additional education, training, or 19
examination requirements established by the Board. 20
14–5G–15. 21
(a) A licensee shall notify the Board in writing of a change of name or address 22
within [60] 10 days after the change. 23
14–5G–18. 24
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 25
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 26
license to any applicant, reprimand any licensee, place any licensee on probation, or 27
suspend or revoke a license, if the applicant or licensee: 28
(3) Is guilty of [unprofessional or immoral]: 29
(I) IMMORAL conduct while practicing genetic counseling; OR 30 SENATE BILL 423 75
(II) UNPROFESSIONAL CONDUC T WHILE PRACTICING G ENETIC 1
COUNSELING ; 2
(4) Is [professionally, physically, or mentally]: 3
(I) PROFESSIONALLY INCOMP ETENT; 4
(II) PHYSICALLY INCOMPETEN T; OR 5
(III) MENTALLY incompetent; 6
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 7
genetic counseling; 8
(15) [Knowingly] WILLFULLY practices genetic counseling with an 9
unauthorized individual or aids an unauthorized individual in practicing genetic 10
counseling; 11
(16) [Knowingly] WILLFULLY delegates a genetic counseling duty to an 12
unlicensed individual; 13
(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 14
OVERUTILIZATION OF health care services; 15
(21) [Knowingly] WILLFULLY submits false statements to collect fees for 16
which services are not provided; 17
(23) [Knowingly] WILLFULLY fails to report suspected child abuse in 18
violation of § 5–704 of the Family Law Article; 19
14–5G–20. 20
(c) (1) If the licensed genetic counselor enters, or is considering entering, an 21
alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 22
Accreditation of Healthcare Organizations] or that is certified by the Department, the 23
licensed genetic counselor shall notify the hospital, related institution, alternative health 24
system, or employer [of] WITHIN 15 DAYS AFTER the licensed genetic counselor’s decision 25
to enter the treatment program. 26
(g) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 27
for failure to report under this section. 28
14–5G–26. 29
76 SENATE BILL 423
(a) Except as otherwise provided in this subtitle, a licensed genetic counselor or 1
a licensed physician may not employ or supervise an individual practicing genetic 2
counseling without a license. 3
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 4
alternative health system, or employer may not employ an individual practicing genetic 5
counseling without a license. 6
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 7
violation of this section. 8
14–5G–27. 9
(a) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 10
14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is guilty of a misdemeanor and 11
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 12
or both. 13
(b) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 14
14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is subject to a civil fine of not 15
more than $5,000 to be levied by a disciplinary panel. 16
(c) The Board shall pay any penalty collected under this section into the Board of 17
Physicians Fund. 18
14–602. 19
(b) Except as otherwise provided in this article, a person may not use the words 20
or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent that the 21
person practices medicine, unless the person is: 22
(3) A physician employed [by] IN THE SERVICE OF the federal government 23
while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 24
employment; 25
14–606. 26
(a) (3) A person who is required to give notice under § 14–505 (“Reporting burn 27
treatment”) of this title, and who fails to give the required notice, [is liable for] MAY BE 28
SUBJECT TO a civil penalty of not more than $100. 29
15–103. 30
(b) (3) A physician or group of physicians that develops a collaboration 31
agreement with a physician assistant or the physician assistant shall [notify the Board 32
within 10 days of] IMMEDIATELY DOCUMENT the termination of the relationship [under 33 SENATE BILL 423 77
a] IN THE collaboration agreement ON FILE AT THE PHYSI CIAN ASSISTANT’S PRIMARY 1
PLACE OF BUSINESS . 2
(e) (1) If the physician assistant enters, or is considering entering, an alcohol 3
or drug treatment program that is accredited by [the] THE Joint Commission [on 4
Accreditation of Healthcare Organizations] or that is certified by the Department, the 5
physician assistant shall notify the hospital, related institution, alternative health care 6
system, or employer [of] WITHIN 15 DAYS AFTER the physician assistant’s decision to 7
enter the treatment program. 8
(2) If the physician assistant fails to provide the notice required under 9
paragraph (1) of this subsection, and the hospital, related institution, alternative health 10
care system, or employer learns that the physician assistant has entered a treatment 11
program, the hospital, related institution, alternative health care system, or employer shall 12
report to the Board that the physician assistant has entered a treatment program and has 13
failed to provide the required notice. 14
(i) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 15
for failure to report under this section. 16
15–201. 17
(a) There is a Physician Assistant Advisory Committee within the Board. 18
15–202. 19
(a) (1) The Committee shall consist of [7] SEVEN members appointed by the 20
Board. 21
(2) Of the [7] SEVEN Committee members: 22
(i) [3] THREE shall be licensed physicians; 23
(ii) [3] THREE shall be licensed physician assistants; and 24
(iii) [1] ONE shall be a consumer. 25
(3) Of the licensed physician members: 26
(i) At least [1] ONE shall specialize in general surgery or a surgical 27
subspecialty; and 28
(ii) At least [1] ONE shall specialize in internal medicine, family 29
practice, or a similar primary care specialty. 30
78 SENATE BILL 423
(4) The Board shall appoint the physician assistant members from a list of 1
names submitted by: 2
(i) The Maryland Academy of Physician Assistants; and 3
(ii) The State institutions of higher education with approved 4
physician assistant programs. 5
(5) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD 6
MUST BE IN GOOD STANDING WITH THE BOARD. 7
[(5)] (6) The consumer member: 8
(i) [Shall] MUST be a member of the general public; 9
(ii) May not be [a physician, former physician, physician assistant, 10
or a person in training to become a physician or physician assistant] OR HAVE EVER BEEN : 11
1. A PHYSICIAN ASSISTANT ; 12
2. ANY OTHER HEALTH CARE PROFESSIONAL ; OR 13
3. IN TRAINING TO BE A P HYSICIAN ASSISTANT O R 14
OTHER HEALTH PROFESS IONAL; AND 15
(iii) May not [have a household member who is a physician or 16
physician assistant, or a person in training to become a physician assistant; and 17
(iv) May not have had within 2 years before appointment a 18
substantial financial interest in a process regulated by the Board]: 19
1. PARTICIPATE OR EVER H AVE PARTICIPATED IN A 20
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO PHYSICIAN ASSISTA NT 21
PRACTICE; 22
2. HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN 23
A COMMERCIAL OR PROF ESSIONAL FIELD RELAT ED TO PHYSICIAN ASSI STANT 24
PRACTICE; 25
3. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 26
FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 27
SENATE BILL 423 79
4. HAVE HAD WITHI N 2 YEARS BEFORE APPOINT MENT A 1
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO PHYSICIAN 2
ASSISTANTS OR TO THE FIELD OF PHYSICIAN A SSISTANT PRACTICE . 3
[(6)] (7) Each member of the Committee [shall] MUST be a resident of the 4
State. 5
(b) Of the three physician members of the Committee, two shall be previously or 6
currently serving as a patient care team physician under a collaboration agreement with a 7
physician assistant. 8
(c) [(1) The physician assistant members shall be licensed as a physician 9
assistant under this title. 10
(2) The physician assistant members shall be currently practicing as a 11
physician assistant or employed as a faculty member of an accredited physician assistant 12
program. 13
(3)] Of the [3] THREE physician assistant members of the Committee: 14
[(i)] (1) At least [1 shall] ONE MUST be currently practicing in a 15
hospital; and 16
[(ii)] (2) At least [1 shall] ONE MUST be currently practicing in a 17
nonhospital setting. 18
(D) (1) THE TERM OF A MEMBER IS 3 YEARS. 19
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQUIRED BY 20
REGULATION . 21
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 23
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 24
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOI NTED AND 25
QUALIFIES. 26
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 27
TERMS. 28
[(d)] (E) [A] FROM AMONG ITS MEMBER S, THE Committee SHALL ELECT A 29
chair [and a secretary shall be selected] every 2 years [by a majority vote of the membership 30
of the Committee]. 31
80 SENATE BILL 423
[(e)] (F) The chair, or the chair’s designee, shall serve in an advisory capacity to 1
the Board as a representative of the Committee. 2
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 3
15–205. 4
[(a)] In addition to the powers set forth elsewhere in this title, the Committee[, on 5
its initiative or on the Board’s request, may] SHALL: 6
(1) Recommend to the Board [regulations]: 7
(I) REGULATIONS for carrying out [the provisions of] this title; 8
AND 9
(II) ANY STATUTORY CHANGES THAT AFFECT THE PROF ESSION; 10
(2) Recommend to the Board approval, modification, or disapproval of an 11
application for licensure OR THE PERFORMANCE O F ADVANCED DUTIES UN DER A 12
COLLABORATION AGREEM ENT; 13
(3) Report to the Board any conduct of a physician or group of physicians 14
who develops a collaboration agreement with a physician assistant or a physician assistant 15
that may be cause for disciplinary action under this title or under § 14–404 of this article; 16
[and] 17
(4) [Report to the Board any alleged unauthorized practice of a physician 18
assistant] KEEP A RECORD OF ITS MEETINGS; AND 19
(5) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 20
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 21
OF PHYSICIAN ASSISTA NTS; AND 22
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 23
PHYSICIAN ASSISTANTS . 24
[(b) The Committee shall submit an annual report to the Board. 25
(c) (1) In addition to the duties set forth elsewhere in this title, the Board shall 26
adopt regulations to carry out the provisions of this title. 27
(2) The Board shall: 28
(i) Consider all recommendations of the Committee; and 29 SENATE BILL 423 81
(ii) Provide to the Committee an annual report on the disciplinary 1
matters involving licensees. 2
(3) The Board may: 3
(i) Investigate any alleged unauthorized practice of a physician 4
assistant; 5
(ii) Investigate any conduct that may be cause for disciplinary action 6
under this title; and 7
(iii) On receipt of a written and signed complaint, including a referral 8
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 9
office of a physician assistant, other than an office of a physician assistant in a hospital, 10
related institution, freestanding medical facility, or freestanding birthing center, to 11
determine compliance at that office with the Centers for Disease Control and Prevention’s 12
guidelines on universal precautions. 13
(4) If the entry is necessary to carry out a duty under this subtitle, 14
including an investigation or determination of compliance as provided under paragraph (3) 15
of this subsection and an audit to determine compliance with the Board’s requirements 16
with respect to physician assistant practice, the Executive Director of the Board or other 17
duly authorized agent or investigator may enter at any reasonable hour a place of business 18
of a licensed physician or a licensed physician assistant or public premises. 19
(5) (i) A person may not deny or interfere with an entry under this 20
subsection. 21
(ii) A person who violates any provision of this subsection is guilty of 22
a misdemeanor and on conviction is subject to a fine not exceeding $100.] 23
15–206. 24
(c) [(1) In fiscal year 2017 and fiscal year 2018, if the Governor does not include 25
in the State budget at least $550,000 for the operation of the Maryland Loan Assistance 26
Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of 27
the Health – General Article, as administered by the Department, the Comptroller shall 28
distribute: 29
(i) $550,000 of the fees received from the Board to the Department 30
to be used to make grants under the Maryland Loan Assistance Repayment Program for 31
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 32
Article to physicians and physician assistants engaged in primary care or to medical 33
residents specializing in primary care who agree to practice for at least 2 years as primary 34
care physicians in a geographic area of the State that has been designated by the Secretary 35
as being medically underserved; and 36 82 SENATE BILL 423
(ii) The balance of the fees to the Board of Physicians Fund. 1
(2) In fiscal year 2019 and each fiscal year thereafter, if the Governor does 2
not include in the State budget at least $400,000 for the operation of the Maryland Loan 3
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 4
Subtitle 17 of the Health – General Article, as administered by the Maryland Higher 5
Education Commission, the Comptroller shall distribute: 6
(i) $400,000 of the fees received from the Board to the Department 7
to be used to make grants under the Maryland Loan Assistance Repayment Program for 8
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 9
Article to physicians and physician assistants engaged in primary care or to medical 10
residents specializing in primary care who agree to practice for at least 2 years as primary 11
care physicians in a geographic area of the State that has been designated by the Secretary 12
as being medically underserved; and 13
(ii) The balance of the fees to the Board of Physicians Fund.] 14
(1) IN EACH FISCAL YEAR , IF THE DEPARTMENT DOES NOT 15
IMPLEMENT A PERMANEN T FUNDING STRUCTURE UNDER § 24–1702(B)(1) OF THE 16
HEALTH – GENERAL ARTICLE AND THE GOVERNOR DOES NOT INC LUDE IN THE 17
STATE BUDGET AT LEAST $400,000 FOR THE OPERATION OF THE MARYLAND LOAN 18
ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 19
UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE, AS 20
ADMINISTERED BY THE DEPARTMENT , THE COMPTROLLER SHALL DIS TRIBUTE: 21
(I) $400,000 OF THE FEES RECEIVED FROM THE BOARD TO THE 22
DEPARTMENT TO BE USED TO MAKE GRANTS UNDER THE MARYLAND LOAN 23
ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 24
UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE TO 25
PHYSICIANS A ND PHYSICIAN ASSISTA NTS ENGAGED IN PRIMA RY CARE OR TO 26
MEDICAL RESIDENTS SP ECIALIZING IN PRIMAR Y CARE WHO AGREE TO PRACTICE 27
FOR AT LEAST 2 YEARS AS PRIMARY CAR E PHYSICIANS IN A GE OGRAPHIC AREA OF 28
THE STATE THAT HAS BEEN D ESIGNATED BY THE SECRETARY AS BEING MEDICALLY 29
UNDERSERVED ; AND 30
(II) THE BALANCE OF THE FE ES TO THE BOARD OF PHYSICIANS 31
FUND. 32
[(3)] (2) If the Governor includes in the State budget at least the amount 33
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 34
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 35
Subtitle 17 of the Health – General Article, as administered by the [Maryland Higher 36 SENATE BILL 423 83
Education Commission] DEPARTMENT , the Comptroller shall distribute the fees to the 1
Board of Physicians Fund. 2
15–301. 3
(f) Except as otherwise provided in this title, the following individuals may 4
practice as a physician assistant without a license: 5
(2) A physician assistant employed in the service of the federal government 6
while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 7
employment. 8
15–302. 9
(a) A physician assistant may practice as a physician assistant only after 10
providing notice to the Board, in a manner approved by the Board, of[: 11
(1) The] THE executed collaboration agreement[; and 12
(2) Each patient care team physician listed on the collaboration 13
agreement]. 14
(j) A patient care team physician may be added or removed from a collaboration 15
agreement by [providing notification to the Board] IMMEDIATELY DOCUMENT ING THE 16
ADDITION OR REMOVAL IN THE COLLABORATION AGREEMENT ON FILE AT THE 17
PHYSICIAN ASSISTANT ’S PRIMARY PLACE OF B USINESS. 18
15–302.1. 19
(g) (1) On review of the Committee’s recommendations regarding the request 20
of a patient care team physician to delegate advanced duties as described in a collaboration 21
agreement, the Board may modify the performance of advanced duties under a 22
collaboration agreement if the physician assistant does not meet the applicable education, 23
training, and experience requirements to perform the specified advanced duties. 24
(2) If the Board makes a modification under paragraph (1) of this 25
subsection, the Board: 26
(i) Shall notify [each] THE DELEGATING patient care team 27
physician listed in the collaboration agreement and the physician assistant in writing of 28
the particular elements of the advanced duty approval request that were the cause for the 29
modification; and 30
(ii) May not restrict the submission of an amendment to the 31
advanced duty. 32
84 SENATE BILL 423
15–302.2. 1
(a) A patient care team physician may not delegate prescribing, dispensing, and 2
administering of controlled dangerous substances, prescription drugs, or medical devices 3
unless the [primary supervising] PATIENT CARE TEAM physician and physician assistant 4
include in the collaboration agreement: 5
(1) The authority of the physician assistant to prescribe and, if applicable, 6
dispense controlled dangerous substances, prescription drugs, or medical devices; 7
(2) An attestation that all prescribing and, if applicable, dispensing 8
activities of the physician assistant will comply with applicable federal and State law and 9
regulations; 10
(3) An attestation that all medical charts or records will contain a notation 11
of any prescriptions written or dispensed by a physician assistant in accordance with this 12
section; 13
(4) An attestation that all prescriptions dispensed under this section will 14
include the physician assistant’s name and the patient care team physician’s name, 15
business address, and business telephone number legibly written or printed; 16
(5) An attestation that all prescriptions written under this section will 17
include the physician assistant’s name, business address, and business telephone number 18
legibly written or printed; 19
(6) An attestation that the physician assistant has: 20
(i) Passed the physician assistant national certification exam 21
administered by the National Commission on the Certification of Physician Assistants 22
within the previous 2 years; or 23
(ii) Successfully completed 8 category 1 hours of pharmacology 24
education within the previous 2 years; and 25
(7) An attestation that the physician assistant has: 26
(i) A bachelor’s degree or its equivalent; or 27
(ii) Successfully completed 2 years of work experience as a physician 28
assistant. 29
[(d) If a patient care team physician who has delegated authority to exercise 30
prescriptive authority to a physician assistant subsequently restricts or removes the 31
delegation, the patient care team physician shall notify the Board of the restriction or 32
removal within 5 business days.] 33
SENATE BILL 423 85
15–303. 1
(a) To qualify for a license, an applicant shall: 2
(5) Except as provided in subsection (b) of this section, have successfully 3
completed an educational program for physician assistants accredited by[: 4
(i) The] THE Accreditation Review Commission on Education for 5
the Physician Assistant[; or 6
(ii) If completed before 2001: 7
1. The Committee on Allied Health Education and 8
Accreditation; or 9
2. The Commission on Accreditation of Allied Health 10
Education Programs] OR ITS PREDECESSOR ; and 11
15–309. 12
(b) (1) [Each] A licensee shall [give] PROVIDE the Board written notice of any 13
change of name or address within [60] 10 days [of the date of] AFTER the change. 14
15–314. 15
(a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary 16
panel, on the affirmative vote of a majority of the quorum, may reprimand any physician 17
assistant, place any physician assistant on probation, or suspend or revoke a license if the 18
physician assistant: 19
(4) Is [professionally, physically, or mentally]: 20
(I) PROFESSIONAL LY INCOMPETENT ; 21
(II) PHYSICALLY INCOMPETEN T; OR 22
(III) MENTALLY incompetent; 23
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF GROSS 24
OVERUTILIZATION OF health care services; 25
(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 26
violation of § 5–704 of the Family Law Article; 27
(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 28
influences, or attempts to intimidate or influence, for the purpose of causing any person to 29 86 SENATE BILL 423
withhold or change testimony in hearings or proceedings before the Board or a disciplinary 1
panel or those otherwise delegated to the Office of Administrative Hearings; 2
(38) [By corrupt means, threats, or force, hinders] HINDERS, prevents, or 3
otherwise delays any person from making information available to the Board or a 4
disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel; 5
(46) Fails to comply with the requirements of the Prescription Drug 6
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; [or] 7
(47) Fails to comply with any State or federal law pertaining to the practice 8
as a physician assistant; OR 9
(48) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 10
PANEL. 11
15–402.1. 12
(a) Except as otherwise provided in this subtitle, a licensed physician may not 13
employ an individual practicing as a physician assistant who does not have a license or who 14
has not provided notice to the Board as required under § 15–302(a) of this title. 15
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 16
alternative health care system, or employer may not employ an individual practicing as a 17
physician assistant who does not have a license. 18
(c) A disciplinary panel may impose a civil penalty in an amount not exceeding 19
[$1,000] $5,000 for a violation of this section. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22