EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0423*
SENATE BILL 423
J2 5lr1659
CF HB 776
By: Senator Beidle
Introduced and read first time: January 20, 2025
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
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; authorizing the Board to impose a civil penalty for a certain report 15
made in bad faith; establishing certain membership requirements, term limits, and 16
the quorums for the allied health advisory committees; altering and establishing 17
prohibitions related to the employment of unlicensed individuals; altering certain 18
fines; and generally relating to the State Board of Physicians and the regulation of 19
physicians, physician assistants, and allied health professionals. 20
BY repealing and reenacting, with amendments, 21
Article – Health Occupations 22
Section 14–101, 14–205(b)(2) and (3) and (c), 14–206(d) and (e), 14–207, 23
14–302(2)(iii)4. and (3), 14–306(g)(1)(iii)2., 14–307(e) and (h), 14–308, 14–309, 24 2 SENATE BILL 423
14–315(b), 14–316(a)(3), (b)(1), (c)(1), (d)(1), and (f), 14–317, 14–3A–01 Section 1
5(f),14–401(a), 14–401.1(a)(5) and (f), 14–402, 14–403(a), 14–404(a)(4), (19), 2
(25), (37), (38), (45), and (46), 14–405(a), 14–409(a), 14–411, 14–411.1(c) and 3
(d)(2), 14–413, 14–5A–01(c), 14–5A–05, 14–5A–06, 14–5A–07, 14–5A–08(b)(1), 4
14–5A–14(a), 14–5A–17(a)(3), (4), (14), (15), (19), and (21), 14–5A–18(c)(1) and 5
(g)(1) 14–5A–18, 14–5A–22.1(c) 14–5A–22.1(b) and (c), 14–5A–23, 14–5B–05, 6
14–5B–06, 14–5B–08(b)(1), 14–5B–11, 14–5B–12.1(a), 14–5B–14(a)(3), (4), 7
(14), (15), (19), and (21), 14–5B–15(c)(1) and (g)(1) 14–5B–15, 14–5B–18.1(c) 8
14–5B–18.1(b) and (c), 14–5B–19, 14–5C–01(c), 14–5C–05, 14–5C–06, 9
14–5C–07, 14–5C–08(b) and (c), 14–5C–14.1(a), 14–5C–17(a)(3), (4), (14), (15), 10
(16), (20), and (22), 14–5C–18(c)(1) and (g)(1) 14–5C–18, 14–5C–22.1(b), 11
14–5C–23, 14–5D–05, 14–5D–06, 14–5D–07(b)(1), 14–5D–10(a), 12
14–5D–11.1(c) 14–5D–11.1(b) and (c), 14–5D–12.1(a), 14–5D–14(a)(3), (4), 13
(14), (15), (19), and (21), 14–5E–06, 14–5E–07, 14–5E–08(b), 14–5E–14(a)(1), 14
14–5E–16(a)(3), (4), (14), (15), (16), (20), and (22), 14–5E–18(c)(1) and (g)(1) 15
14–5E–18, 14–5F–07, 14–5F–08, 14–5F–10(b)(1), 14–5F–12, 14–5F–15.1(a), 16
14–5F–18(a)(2), (19), and (21), 14–5F–19, 14–5F–25, 14–5G–06, 14–5G–07, 17
14–5G–08(b)(1), 14–5G–09, 14–5G–15(a), 14–5G–18(a)(3), (4), (14), (15), (16), 18
(17), (21), and (23), 14–5G–20(c)(1) and (g)(1) 14–5G–20, 14–5G–26(c) 19
14–5G–26(b) and (c), 14–5G–27, 14–602(b)(3), 14–606(a)(3), 15–103(b)(3), 20
(e)(1), and (i)(1) 15–103, 15–202, 15–205, 15–206(c), 15–301(f)(2), 15–302(a) 21
and (j), 15–302.1(g), 15–302.2(a), 15–303(a)(5), 15–309(b)(1), 15–314(a)(4), 22
(19), (25), (37), (38), (46), and (47), and 15–402.1(c) 15–402.1(b) and (c) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2024 Supplement) 25
BY repealing 26
Article – Health Occupations 27
Section 14–101.1, 14–414, 14–5C–10, 14–5F–20, 14–5F–21(f), and 15–302.2(d) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2024 Supplement) 30
BY adding to 31
Article – Health Occupations 32
Section 14–205(d) and (e), 14–208, 14–404(a)(47), 14–414, 14–5D–11.5, 14–5E–22.1, 33
14–5F–12.1, 14–5F–12.2, 14–5F–20, and 15–314(a)(48) 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2024 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – Health Occupations 38
Section 14–5A–01(a), 14–5A–22.1(a) and (b), 14–5B–18.1(a) and (b) 14–5B–18.1(a), 39
14–5C–01(a), 14–5D–04, 14–5E–05, 14–5F–06, 14–5G–05, 14–5G–26(a) and 40
(b), 15–103(e)(2), 15–201(a), and 15–402.1(a) and (b) 41
Annotated Code of Maryland 42
(2021 Replacement Volume and 2024 Supplement) 43
SENATE BILL 423 3
SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health Occupations 3
14–101. 4
(a) In this title the following words have the meanings indicated. 5
(A–1) “ADVISORY COMMITTEE ” MEANS A COMMITTEE AP POINTED BY THE 6
BOARD THAT INCLUDES MEMBERS OF A PROFESSION REGULAT ED UNDER THIS 7
TITLE OR TITLE 15 OF THIS ARTICLE AND FORMED TO: 8
(1) FURTHER THE BOARD’S REGULATION OF APPL ICANTS AND 9
LICENSEES OF THE REG ULATED PROFESSION ; 10
(2) ASSIST THE BOARD IN PROTECTING T HE HEALTH, SAFETY, AND 11
WELFARE OF THE PUBLI C; AND 12
(3) MAKE RECOMMENDATIONS ABOUT THE REGULATED PROFESSION 13
TO THE BOARD ON REQUEST . 14
[(a–1)] (A–2) “Allied health professional” means an individual licensed by the 15
Board under Subtitle 5A, 5B, 5C, 5D, 5E, [or] 5F, OR 5G of this title or Title 15 of this 16
article. 17
(A–3) “ALTERNATIVE HEALTH SY STEM” HAS THE MEANING STAT ED IN § 1–401 18
OF THIS ARTICLE. 19
(A–4) “APPLICANT” MEANS, UNLESS THE CONTEXT R EQUIRES OTHERWISE , AN 20
INDIVIDUAL APPLYING FOR INITIAL LICENSUR E, RENEWAL, OR REINSTATEMENT AS 21
A PHYSICIAN OR AN AL LIED HEALTH PROFESSI ONAL IN THE STATE. 22
(b) “Board” means the State Board of Physicians. 23
(c) “Board certified” means the physician is certified by a public or private board, 24
including a multidisciplinary board, and the certifying board: 25
(1) Is: 26
(i) A member of the American Board of Medical Specialties; 27
(ii) An American Osteopathic Association certifying board; 28
(iii) The Royal College of Physicians and Surgeons of Canada; or 29
4 SENATE BILL 423
(iv) The College of Family Physicians of Canada; OR 1
(2) [Has been approved by the Board under § 14–101.1 of this subtitle; or 2
(3)] Requires that, in order to be certified, the physician: 3
(i) Complete a postgraduate training program that: 4
1. Provides complete training in the specialty or 5
subspecialty; and 6
2. Is accredited by the Accreditation Council for Graduate 7
Medical Education or the American Osteopathic Association; and 8
(ii) Be certified by: 9
1. The member board of the American Board of Medical 10
Specialties; 11
2. The American Osteopathic Association in the training 12
field; 13
3. The Royal College of Physicians and Surgeons of Canada; 14
or 15
4. The College of Family Physicians of Canada. 16
(d) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 17
2A of the Courts Article. 18
(d–1) “Compact physician” means a physician licensed under the Interstate Medical 19
Licensure Compact established under § 14–3A–01 of this title. 20
(e) (1) “Cosmetic surgical procedure” means the use of surgical services to 21
reshape the structure of a human body in order to change the appearance of an individual. 22
(2) Except as provided in paragraph (3) of this subsection, “cosmetic 23
surgical procedure” does not include: 24
(i) A procedure done under local anesthesia or mild sedation; or 25
(ii) Liposuction that removes less than 1,000 cubic centimeters of 26
aspirate. 27
(3) “Cosmetic surgical procedure” includes any procedure under paragraph 28
(2) of this subsection that, under the circumstances established by the Secretary in 29 SENATE BILL 423 5
regulations adopted under Title 19, Subtitle 3C of the Health – General Article, is a 1
cosmetic surgical procedure. 2
(e–1) “Disciplinary panel” means a disciplinary panel of the Board established 3
under § 14–401 of this title. 4
(E–2) “EMPLOYER” MEANS A PERSON THAT ENTERS AN ARRANGEMEN T FOR 5
PROFESSIONAL SERVICE S, WHETHER PAID OR UNPA ID OR CONTRACTUAL OR 6
OTHERWISE, WITH AN INDIVIDUAL L ICENSED UNDER THIS T ITLE OR TITLE 15 OF 7
THIS ARTICLE. 8
(f) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. 9
(g) “License” means, unless the context requires otherwise, a license issued by the 10
Board to practice medicine OR AN ALLIED HEALTH PROFESSION REGULATED BY THE 11
BOARD. 12
(h) “Licensed physician” means, unless the context requires otherwise, a 13
physician, including a doctor of osteopathy, who is licensed by the Board to practice 14
medicine. 15
(i) “Licensee” means an individual to whom THE BOARD ISSUES a license [is 16
issued], including an individual practicing medicine within or as a professional corporation 17
or professional association. 18
(j) “MedChi” means the Maryland State Medical Society. 19
(k) “Mild sedation” means a drug–induced state during which: 20
(1) A patient is able to respond to verbal commands; 21
(2) A patient’s ventilatory and cardiovascular functions are not affected; 22
and 23
(3) A patient’s cognitive function and coordination may be impaired. 24
(l) “Perform acupuncture” means to stimulate a certain point or points on or near 25
the surface of the human body by the insertion of needles to prevent or modify the 26
perception of pain or to normalize physiological functions, including pain control, for the 27
treatment of ailments or conditions of the body. 28
(m) “Physician” means an individual who practices medicine. 29
[(n) “Physician Rehabilitation Program” means the program of the Board or the 30
nonprofit entity with which the Board contracts under § 14–401.1(g) of this title that 31
evaluates and provides assistance to impaired physicians and other health professionals 32 6 SENATE BILL 423
regulated by the Board who are directed by the Board to receive treatment and 1
rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental 2
conditions.] 3
(N) “PHYSICIAN ASSISTANT ” MEANS AN INDIVIDUAL LICENSED UNDER 4
TITLE 15 OF THIS ARTICLE TO PRACTICE A S A PHYSICIAN ASSIST ANT. 5
(o) (1) “Practice medicine” means to engage, with or without compensation, in 6
medical: 7
(i) Diagnosis; 8
(ii) Healing; 9
(iii) Treatment; or 10
(iv) Surgery. 11
(2) “Practice medicine” includes doing, undertaking, professing to do, and 12
attempting any of the following: 13
(i) Diagnosing, healing, treating, preventing, prescribing for, or 14
removing any physical, mental, or emotional ailment or supposed ailment of an individual: 15
1. By physical, mental, emotional, or other process that is 16
exercised or invoked by the practitioner, the patient, or both; or 17
2. By appliance, test, drug, operation, or treatment; 18
(ii) Ending of a human pregnancy; and 19
(iii) Performing acupuncture as provided under § 14–504 of this title. 20
(3) “Practice medicine” does not include: 21
(i) Selling any nonprescription drug or medicine; 22
(ii) Practicing as an optician; or 23
(iii) Performing a massage or other manipulation by hand, but by no 24
other means. 25
(p) “Registered cardiovascular invasive specialist” means an individual who is 26
credentialed by Cardiovascular Credentialing International or another credentialing body 27
approved by the Board to assist in cardiac catheterization procedures IN A HOSPITAL 28
under the direct, in–person supervision of a licensed physician. 29
SENATE BILL 423 7
(Q) “REHABILITATION PROGRAM” MEANS THE PROGRAM OF THE BOARD 1
OR THE NONPROFIT ENT ITY WITH WHICH THE BOARD CONTRACTS UNDER § 2
14–401.1(G) OF THIS TITLE THAT E VALUATES AND PROVIDE S ASSISTANCE TO 3
IMPAIRED PHYSICIANS AND ALL IED HEALTH PROFESSIO NALS WHO ARE DIRECTE D 4
BY THE BOARD TO RECEIVE TREA TMENT AND REHABILITA TION FOR ALCOHOLISM , 5
CHEMICAL DEPENDENCY , OR OTHER PHYSICAL , EMOTIONAL, OR MENTAL 6
CONDITIONS. 7
[(q)] (R) “Related institution” has the meaning stated in § 19–301 of the Health 8
– General Article. 9
[14–101.1. 10
The Board may approve a public or private board including a multidisciplinary board 11
as a certifying board only if the certifying board requires that, in order to be certified, a 12
physician: 13
(1) Complete a postgraduate training program that: 14
(i) Provides complete training in the specialty or subspecialty being 15
certified; and 16
(ii) Is accredited by the Accreditation Council for Graduate Medical 17
Education or the American Osteopathic Association; and 18
(2) Be certified by the American Board of Medical Specialties or the 19
American Osteopathic Association in the same training field.] 20
14–205. 21
(b) (2) The Board or a disciplinary panel may investigate an alleged violation 22
of this title AND TITLE 15 OF THIS ARTICLE . 23
(3) Subject to the Administrative Procedure Act and the hearing provisions 24
of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an 25
applicant has failed to renew the applicant’s license, refuse to renew or reinstate an 26
applicant’s license for: 27
(i) Any of the reasons that are grounds for action under § 14–404, § 28
14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, [or] § 14–5F–18, OR § 29
14–5G–18 of this title, as applicable; or 30
(ii) Failure to complete a criminal history records check in 31
accordance with § 14–308.1 of this title. 32
8 SENATE BILL 423
(c) (1) In addition to the duties set forth elsewhere in this title, the Board 1
shall: 2
(i) Issue, for use in other jurisdictions, a certificate of professional 3
standing AND A VERIFICATION O F LICENSE STATUS to any [licensed physician] 4
LICENSEE; and 5
(ii) Keep a list of all PENDING license applicants. 6
(2) (i) The Board shall keep a list of all [physicians] LICENSEES who 7
are currently licensed. 8
(ii) The list shall include each [physician’s] LICENSEE’S designated 9
public address. 10
(iii) A [physician’s] LICENSEE’S designated public address may be a 11
post office box only if the [physician] LICENSEE provides to the Board a nonpublic address, 12
under paragraph (3) of this subsection, that is not a post office box. 13
(iv) [Each list prepared under this paragraph shall be kept as a 14
permanent record of the Board. 15
(v)] The list of [currently licensed physicians] CURRENT 16
LICENSEES is a public record. 17
(3) (i) The Board shall [maintain on file a physician’s] COLLECT A 18
LICENSEE’S designated nonpublic address, if provided by the [physician] LICENSEE, to 19
facilitate communication between the [physician] LICENSEE and the Board. 20
(ii) The Board shall offer a [physician] LICENSEE the opportunity to 21
designate a nonpublic address, in addition to the [physician’s] LICENSEE’S public address, 22
at the time of initial licensure and license renewal. 23
(iii) A [physician] LICENSEE shall designate an address where the 24
Board may send the [physician] LICENSEE mail. 25
(iv) A [physician’s] LICENSEE’S designated nonpublic address is not 26
a public record and may not be released by the Board. 27
(D) THE BOARD MAY NOT RELEASE A LIST OF APPLICANTS FOR LICENSURE. 28
(E) EXCEPT AS OTHERWISE S PECIFIED IN STATUTE , THE BOARD MAY ADOPT 29
REGULATIONS REGARDIN G ADVISORY COMMITTEE S ESTABLISHED UNDER THIS 30
TITLE AND TITLE 15 OF THIS ARTICLE GOVE RNING: 31
SENATE BILL 423 9
(1) THE TERM OF OFFICE FO R MEMBERS; 1
(2) THE PROCEDURES FOR F ILLING VACANCIES ON AN ADVISORY 2
COMMITTEE ; 3
(3) THE REMOVAL OF MEMBER S; AND 4
(4) THE DUTIES OF EACH OF FICER. 5
14–206. 6
(d) (1) If the entry is necessary to carry out a duty under this title OR TITLE 7
15 OF THIS ARTICLE , the Board’s executive director or other duly authorized agent or 8
investigator of the Board may enter at any reasonable hour: 9
(i) A place of business of a [licensed physician] LICENSEE; or 10
(ii) Public premises. 11
(2) A person may not deny or interfere with an entry under this subsection. 12
(3) A person who violates [any provision of] this subsection is guilty of a 13
misdemeanor and on conviction is subject to a fine [not exceeding $100] OF $1,000. 14
(e) A disciplinary panel may issue a cease and desist order or obtain injunctive 15
relief against an individual for: 16
(1) Practicing a profession regulated under this title or Title 15 of this 17
article without a license OR WITH AN UNAUTHORI ZED PERSON; 18
(2) Representing to the public, by title, description of services, methods, 19
procedures, or otherwise, that the individual is authorized to practice: 20
(i) Medicine in this State, in violation of § 14–602 of this title; 21
(ii) Respiratory care in this State, in violation of § 14–5A–21 of this 22
title; 23
(iii) Radiation therapy, radiography, nuclear medicine technology, or 24
radiation assistance in this State, in violation of § 14–5B–18 of this title; 25
(iv) Polysomnography in this State, in violation of § 14–5C–21 of this 26
title; 27
(v) Athletic training in this State, in violation of § 14–5D–17(3) of 28
this title; 29 10 SENATE BILL 423
(vi) Perfusion in this State, in violation of § 14–5E–21 of this title; 1
(vii) Naturopathic medicine in this State, in violation of § 14–5F–30 2
of this title; [or] 3
(VIII) GENETIC COUNSELING IN THIS STATE, IN VIOLATION OF § 4
14–5G–24 OF THIS TITLE; OR 5
[(viii)] (IX) As a physician assistant in this State, in violation of § 6
15–402 of this article; or 7
(3) Taking any action: 8
(i) For which a disciplinary panel determines there is a 9
preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 10
14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, OR § 14–5G–18 of this title OR § 11
15–415 OF THIS ARTICLE ; and 12
(ii) That poses a serious risk to the health, safety, and welfare of a 13
patient. 14
14–207. 15
(a) There is a Board of Physicians Fund. 16
(b) (1) The Board may set reasonable fees for the issuance and renewal of 17
licenses and its other services PROVIDED TO APPLICAN TS OR LICENSEES . 18
(2) The fees charged shall be set [so as] to GENERATE SUFFICIENT 19
FUNDS TO approximate the cost of maintaining the Board, THE LICENSE PROGRAMS 20
UNDER THIS TITLE AND TITLE 15 OF THIS ARTICLE , AND THE OTHER SERVIC ES IT 21
PROVIDES TO APPLICAN TS AND LICENSEES , including the cost of providing a 22
rehabilitation program [for physicians] under § 14–401.1(g) of this title. 23
(3) Funds to cover the compensation and expenses of the Board members 24
shall be generated by fees set under this section. 25
(4) A FEE COLLECTED UNDER THIS SECTION, THIS TITLE, OR TITLE 26
15 OF THIS ARTICLE SHAL L BE USED TO COVER THE AC TUAL DOCUMENTED DIRE CT 27
AND INDIRECT COSTS O F FULFILLING THE STA TUTORY AND REGULATOR Y DUTIES 28
OF THE BOARD ESTABLISHED UND ER THIS TITLE AND TITLE 15 OF THIS ARTICLE 29
FOR THE PRACTITIONER TYPE OF THE APPLICAN T OR LICENSEE FROM W HOM THE 30
FEE WAS COLLECTED . 31
SENATE BILL 423 11
(c) The Board shall pay all fees collected under [the provisions of] this title to the 1
Comptroller of the State. 2
(d) (1) [In each of fiscal years 2019 through 2021, if the Governor does not 3
include in the State budget at least $400,000 for the operation of the Maryland Loan 4
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 5
Subtitle 17 of the Health – General Article, as administered by the Department, the 6
Comptroller shall distribute: 7
(i) $400,000 of the fees received from the Board to the Department 8
to be used to make grants under the Maryland Loan Assistance Repayment Program for 9
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 10
Article to physicians and physician assistants engaged in primary care or to medical 11
residents specializing in primary care who agree to practice for at least 2 years as primary 12
care physicians in a geographic area of the State that has been designated by the Secretary 13
as being medically underserved; and 14
(ii) The balance of the fees to the Board of Physicians Fund. 15
(2) In fiscal year 2022, if the Governor does not include in the State budget 16
at least $1,000,000 for the operation of the Maryland Loan Assistance Repayment Program 17
for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 18
Article, as administered by the Department, the Comptroller shall distribute: 19
(i) $1,000,000 of the fees received from the Board to the Department 20
to be used to make grants under the Maryland Loan Assistance Repayment Program for 21
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 22
Article to physicians and physician assistants engaged in primary care or to medical 23
residents specializing in primary care who agree to practice for at least 2 years as primary 24
care physicians in a geographic area of the State that has been designated by the Secretary 25
as being medically underserved; and 26
(ii) The balance of the fees to the Board of Physicians Fund. 27
(3)] In fiscal year 2023 and each fiscal year thereafter, if the Department 28
does not implement a permanent funding structure under § 24 –1702(b)(1) of the 29
Health – General Article and the Governor does not include in the State budget at least 30
$400,000 for the operation of the Maryland Loan Assistance Repayment Program for 31
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 32
Article, as administered by the Department, the Comptroller shall distribute: 33
(i) $400,000 of the fees received from the Board to the Department 34
to be used to make grants under the Maryland Loan Assistance Repayment Program for 35
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 36
Article to physicians and physician assistants engaged in primary care or to medical 37
residents specializing in primary care who agree to practice for at least 2 years as primary 38 12 SENATE BILL 423
care physicians in a geographic area of the State that has been designated by the Secretary 1
as being medically underserved; and 2
(ii) The balance of the fees to the Board of Physicians Fund. 3
[(4)] (2) If the Governor includes in the State budget at least the amount 4
specified in paragraph (1) [or (2)] of this subsection for the operation of the Maryland Loan 5
Assistance Repayment Program for Physicians and Physician Assistants under Title 24, 6
Subtitle 17 of the Health – General Article, as administered by the Department, the 7
Comptroller shall distribute the fees to the Board of Physicians Fund. 8
(e) (1) The Fund shall be used exclusively to cover the actual documented 9
direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as 10
provided by [the provisions of] this title. 11
(2) (i) The Fund is a continuing, nonlapsing fund, not subject to § 12
7–302 of the State Finance and Procurement Article. 13
(ii) Any unspent portions of the Fund may not be transferred or 14
revert to the General Fund of the State, but shall remain in the Fund to be used for the 15
purposes specified in this title. 16
(3) Interest or other income earned on the investment of money in the Fund 17
shall be paid into the Fund. 18
(4) No other State money may be used to support the Fund. 19
(f) [(1)] In addition to the requirements of subsection (e) of this section, the 20
Board shall fund the budget of the [Physician] Rehabilitation Program with fees set, 21
collected, and distributed to the Fund under this title. 22
[(2) After review and approval by the Board of a budget submitted by the 23
Physician Rehabilitation Program, the Board may allocate money from the Fund to the 24
Physician Rehabilitation Program.] 25
(g) (1) The chair of the Board or the designee of the chair shall administer the 26
Fund. 27
(2) Money in the Fund may be expended only for any lawful purpose 28
authorized by [the provisions of] this title. 29
(h) The Legislative Auditor shall audit the accounts and transactions of the Fund 30
as provided in § 2–1220 of the State Government Article. 31
14–208. 32
SENATE BILL 423 13
(A) THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y NOT 1
EXCEEDING $25,000 $15,000 ON A LICENSEE FOR : 2
(1) FAILURE TO PRODUCE AL L DOCUMENTS IN RESPO NSE TO A 3
BOARD SUBPOENA ; 4
(2) DISPENSING A DRUG WIT HOUT THE PROPER AUTH ORITY FROM A 5
VALID DISPENSING PER MIT; AND 6
(3) FAILURE TO COMPLETE A SUPPLEMENTAL APPLICA TION FOR A 7
LICENSE COMPACT . 8
(B) THE BOARD SHALL ADOPT REG ULATIONS ESTABLISHIN G THE 9
ADMINISTRATIVE PENAL TIES LISTED IN SUBSE CTION (A) OF THIS SECTION. 10
(C) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 11
SECTION TO THE BOARD OF PHYSICIANS FUND ESTABLISHED UNDER § 14–207 OF 12
THIS SUBTITLE. 13
14–302. 14
Subject to the rules, regulations, and orders of the Board, the following individuals 15
may practice medicine without a license: 16
(2) A physician licensed by and residing in another jurisdiction, if the 17
physician: 18
(iii) Is engaged in clinical training or participates in training or 19
teaching of a skill or procedure in a hospital if: 20
4. The visiting physician has no history of any medical 21
disciplinary action in any other state, territory, nation, or any branch of the United States 22
uniformed services or the [Veterans Administration] U.S. DEPARTMENT OF VETERANS 23
AFFAIRS, and has no significant detrimental malpractice history; 24
(3) A physician employed in the service of the federal government while 25
[performing the duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 26
employment; 27
14–306. 28
(g) (1) (iii) “Supervised medical graduate” means an individual who: 29
2. Has passed parts 1 and 2 of the: 30
14 SENATE BILL 423
A. United States Medical Licensing Examination; OR 1
B. COMPREHENSIVE OSTEOPATHIC MEDICAL 2
LICENSING EXAMINATION OF THE UNITED STATES. 3
14–307. 4
(e) Except as otherwise provided in this subtitle, the applicant shall [pass an 5
examination required] MEET ANY EDUCATION , CERTIFICATION , TRAINING, OR 6
EXAMINATION REQUIREM ENTS ESTABLISHED by the Board. 7
(h) (1) The Board shall require as part of its examination or licensing 8
procedures that an applicant for a license to practice medicine demonstrate an oral AND 9
WRITTEN competency in the English language. 10
(2) Graduation from a recognized English–speaking undergraduate school 11
or high school, including General Education Development (GED), after at least 3 years of 12
enrollment, or from a recognized English–speaking professional school is acceptable as 13
proof of proficiency in the oral AND WRITTEN communication of the English language 14
under this section. 15
(3) By regulation, the Board shall develop a procedure for testing 16
individuals who because of their speech impairment are unable to complete satisfactorily a 17
Board approved standardized test of oral competency. 18
(4) If any disciplinary charges or action that involves a problem with the 19
oral AND WRITTEN communication of the English language are brought against a licensee 20
under this title, the Board shall require the licensee to take and pass a Board approved 21
standardized test of oral AND WRITTEN competency. 22
14–308. 23
(a) (1) In this section the following terms have the meanings indicated. 24
(2) “Fifth pathway program” means a program that the Board approves in 25
its regulations for a student who: 26
(i) Has studied medicine at [a foreign] AN INTERNATIONAL 27
medical school; 28
(ii) Was a United States citizen when the student enrolled in the 29
[foreign] INTERNATIONAL medical school; and 30
(iii) Has completed all of the formal requirements for graduation 31
from the [foreign] INTERNATIONAL medical school, except for any social service or 32
postgraduate requirements. 33 SENATE BILL 423 15
(3) [“Foreign] “INTERNATIONAL medical school” means a medical school 1
located outside of the United States, its territories or possessions, Puerto Rico, or Canada. 2
(b) An applicant for a license is exempt from the educational requirements of § 3
14–307 of this subtitle, if the applicant: 4
(1) Has studied medicine at [a foreign] AN INTERNATIONAL medical 5
school; 6
(2) Is certified by the Educational Commission for Foreign Medical 7
Graduates or by its successor as approved by the Board; 8
(3) Passes a qualifying examination for [foreign] INTERNATIONAL 9
medical school graduates required by the Board; 10
(4) Meets any other qualifications for [foreign] INTERNATIONAL medical 11
school graduates that the Board establishes in its regulation for licensing of applicants; 12
(5) Submits acceptable evidence to the Board of the requirements set in the 13
Board’s regulations; and 14
(6) Meets one of the following requirements: 15
(i) The applicant graduated from any [foreign] INTERNATIONAL 16
medical school and submits evidence acceptable to the Board of successful completion of 2 17
years of training in a postgraduate medical education program accredited by an accrediting 18
organization recognized by the Board; or 19
(ii) The applicant successfully completed a fifth pathway program 20
and submits evidence acceptable to the Board that the applicant: 21
1. Has a document issued by the [foreign] INTERNATIONAL 22
medical school certifying that the applicant completed all of the formal requirements of 23
that school for the study of medicine, except for the postgraduate or social service 24
components as required by the [foreign] INTERNATIONAL country or its medical school; 25
2. Has successfully completed a fifth pathway program; and 26
3. Has successfully completed 2 years of training in a 27
postgraduate medical education program following completion of a Board approved fifth 28
pathway program. 29
14–309. 30
[(a)] To apply for a license, an applicant shall: 31 16 SENATE BILL 423
(1) Complete a criminal history records check in accordance with § 1
14–308.1 of this subtitle; 2
(2) Submit an application to the Board on the form that the Board requires; 3
and 4
(3) Pay to the Board the application fee set by the Board. 5
[(b) The Board may not release a list of applicants for licensure.] 6
14–315. 7
(b) Except as provided in subsection (c) of this section, each license issued under 8
this section expires on [the second anniversary of the date on which it is issued] A DATE 9
SET BY THE BOARD and may be renewed [every 2 years on application to] FOR A TERM 10
SET BY the Board. 11
14–316. 12
(a) (3) A license expires on a date set by the Board, unless the license is 13
renewed for [a] AN ADDITIONAL term as provided in this section. 14
(b) (1) Subject to paragraph (2) of this subsection, at least 1 month before the 15
license expires, the Board shall send to the licensee, by electronic or first–class mail to the 16
last known electronic or physical address of the licensee[: 17
(i) A] A renewal notice that states: 18
[1.] (I) The date on which the current license expires; 19
[2.] (II) The date by which the renewal application must be 20
received by the Board for the renewal to be issued and mailed before the license expires; 21
and 22
[3.] (III) The amount of the renewal fee[; and 23
(ii) A blank panel data sheet supplied by the Health Care 24
Alternative Dispute Resolution Office]. 25
(c) (1) Before the license expires, the licensee periodically may renew it for an 26
additional term, if the licensee: 27
(i) Otherwise is entitled to be licensed; 28
(ii) Is of good moral character; 29 SENATE BILL 423 17
(iii) Pays to the Board a renewal fee set by the Board; [and] 1
(iv) Submits to the Board: 2
1. A renewal application on the form that the Board requires; 3
and 4
2. Satisfactory evidence of compliance with any continuing 5
education OR COMPETENCY requirements set under this section for license renewal; AND 6
(V) MEETS ANY ADDITIONAL LICENSE RENEWAL 7
REQUIREMENTS ESTABLI SHED BY THE BOARD. 8
(d) (1) In addition to any other qualifications and requirements established by 9
the Board, the Board may establish continuing education OR COMPETENCY requirements 10
as a condition to the renewal of licenses under this section. 11
(f) (1) [Each] A licensee shall notify [the secretary of] the Board in writing of 12
[any] A change [in the licensee’s] IN name or address within [60] 10 30 days after the 13
change. 14
(2) [If a] A licensee WHO fails to [notify the secretary of the Board within 15
the time required under this section, the licensee] COMPLY WITH PARAGRAP H (1) OF 16
THIS SUBSECTION is subject to an administrative penalty of $100. 17
14–317. 18
The Board shall reinstate the license of a physician who has failed to renew the 19
license for any reason, is on inactive status under § 14–320 of this subtitle, or is on emeritus 20
status under § 14–320.1 of this subtitle if the physician: 21
(1) Meets the renewal requirements of § 14–316 of this subtitle; 22
(2) SUBMITS A REINSTATEME NT APPLICATION ON TH E FORM THAT 23
THE BOARD REQUIRES ; 24
[(2)] (3) Pays to the Board a reinstatement fee set by the Board; [and] 25
[(3)] (4) Submits to the Board satisfactory evidence of compliance with 26
the qualifications and requirements established under this title for license reinstatements; 27
AND 28
(5) MEETS ANY ADDITIONAL LICENSE REINSTATEMEN T 29
REQUIREMENTS ESTABLI SHED BY THE BOARD. 30 18 SENATE BILL 423
14–3A–01. 1
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 2
(f) An expedited license obtained [though] THROUGH the Compact shall be 3
terminated if a physician fails to maintain a license in the state of principal license for a 4
nondisciplinary reason, without redesignation of a new state of principal license. 5
14–401. 6
(a) There are two disciplinary panels [through which allegations of grounds for 7
disciplinary action against a licensed physician or an allied health professional shall be 8
resolved] RESPONSIBLE FOR RESO LVING ALLEGATIONS OF VIOLATIONS OF THIS 9
TITLE AND TITLE 15 OF THIS ARTICLE . 10
14–401.1. 11
(a) (5) (i) If a complaint proceeds to a hearing under § 14–405 of this 12
subtitle, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–15, § 14–5E–16, [or] § 14–5F–21, 13
OR § 14–5G–18 of this title, or § 15–315 of this article, the chair of the disciplinary panel 14
that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the 15
complaint to the [other disciplinary panel] OFFICE OF ADMINISTRATIVE HEARINGS. 16
(ii) If the [complaint proceeds to a hearing and is referred to the 17
other disciplinary panel under subparagraph (i) of this paragraph,] DISCIPLINARY PANEL 18
RESCINDS ITS REFERRA L OF THE COMPLAINT T O THE OFFICE OF ADMINISTRATIVE 19
HEARINGS, the COMPLAINT WILL RETUR N TO THE ORIGINAL disciplinary panel that 20
was assigned the complaint under paragraph (2)(i) of this subsection. 21
(III) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 22
ADMINISTRATIVE HEARINGS, THE CHAIR OF THE ORI GINAL DISCIPLINARY P ANEL 23
THAT WAS ASSIGNED TH E COMPLAINT UNDER PA RAGRAPH (2)(I) OF THIS 24
SUBSECTION SHALL REF ER THE COMPLAINT TO THE OTHER DISCIPLINARY P ANEL 25
FOR FURTHER ACTION . 26
(IV) AFTER AN EVIDENTIARY HEARING AT THE OFFICE OF 27
ADMINISTRATIVE HEARINGS, THE ORIGINAL DISCIPL INARY PANEL THAT WAS 28
ASSIGNED THE COMPLAI NT UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION , or any 29
of its members, may not: 30
1. Continue to handle the complaint; 31
2. Participate in any disciplinary proceedings regarding the 32
complaint; or 33 SENATE BILL 423 19
3. Determine the final disposition of the complaint. 1
(f) (1) The entity or individual peer reviewer with which the Board contracts 2
under subsection (e) of this section shall have [90] 60 days for completion of peer review. 3
(2) The entity or individual peer reviewer may apply to the Board for an 4
extension of up to [30] 20 days to the time limit imposed under paragraph (1) of this 5
subsection. 6
(3) If an extension is not granted, and [90] 60 days have elapsed, the Board 7
may contract with any other entity or individual who meets the requirements of subsection 8
(e)(2) of this section for the services of peer review. 9
(4) If an extension has been granted, and [120] 80 days have elapsed, the 10
Board may contract with any other entity or individual who meets the requirements of 11
subsection (e)(2) of this section for the services of peer review. 12
14–402. 13
(a) In reviewing an application for licensure or in investigating an allegation 14
brought against a licensed physician or any allied health professional regulated by the 15
Board under this title OR TITLE 15 OF THIS ARTICLE , the [Physician] Rehabilitation 16
Program may request the Board to direct, or the Board or a disciplinary panel on its own 17
initiative may direct, the licensed physician or any allied health professional regulated by 18
the Board under this title OR TITLE 15 OF THIS ARTICL E to submit to an appropriate 19
examination. 20
(b) In return for the privilege given by the State issuing a license, certification, or 21
registration, the licensed, certified, or registered individual is deemed to have: 22
(1) Consented to submit to an examination under this section, if requested 23
by the Board in writing; and 24
(2) Waived any claim of privilege as to the testimony or examination 25
reports. 26
(c) The unreasonable failure or refusal of the [licensed individual] APPLICANT 27
OR LICENSEE to submit to an examination is prima facie evidence of the [licensed 28
individual’s] APPLICANT’S OR LICENSEE’S inability to practice medicine or the respective 29
discipline competently, unless the Board or disciplinary panel finds that the failure or 30
refusal was beyond the control of the [licensed individual] APPLICANT OR LICENSE E. 31
(d) The Board shall pay the costs of any examination made under this section 32
FOR: 33
20 SENATE BILL 423
(1) A LICENSEE; OR 1
(2) AN APPLICANT WHO WAS NOT PREVIOUSLY LICEN SED BY THE 2
BOARD. 3
[(e) (1) The Board or the entity or entities with which the Board contracts shall 4
appoint the members of the Physician Rehabilitation Program. 5
(2) The chair of the Board shall appoint one member of the Board to serve 6
as a liaison to the Physician Rehabilitation Program.] 7
(E) AN APPLICANT FOR REIN STATEMENT SHALL PAY THE COST OF ANY 8
EXAMINATION DIRECTED BY THE BOARD UNDER THIS SECT ION. 9
(f) The [Physician] Rehabilitation Program is subject to audit by the Legislative 10
Auditor as provided in § 2–1220 of the State Government Article. 11
14–403. 12
(a) Unless a disciplinary panel agrees to accept the surrender of a license, 13
certification, or registration of an individual the Board regulates, the individual may not 14
surrender the license, certification, or registration nor may the license, certification, or 15
registration lapse by operation of law FOR PURPOSES OF INVE STIGATION OR 16
DISCIPLINE while the individual is under investigation or while charges are pending. 17
14–404. 18
(a) Subject to the hearing provisions of § 14–405 of this subtitle, a disciplinary 19
panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may 20
reprimand any licensee, place any licensee on probation, or suspend or revoke a license if 21
the licensee: 22
(4) Is [professionally, physically, or mentally]: 23
(I) PROFESSIONALLY INCOMP ETENT; 24
(II) PHYSICALLY INCOMPETEN T; OR 25
(III) MENTALLY incompetent; 26
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF 27
OVERUTILIZATION OF health care services EXCESSIVE OR MEDICAL LY UNNECESSARY 28
PROCEDURES OR TREATM ENT; 29
SENATE BILL 423 21
(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 1
violation of § 5–704 of the Family Law Article; 2
(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 3
influences, or attempts to intimidate or influence, for the purpose of causing any person to 4
withhold or change testimony in hearings or proceedings before the Board or a disciplinary 5
panel or those otherwise delegated to the Office of Administrative Hearings; 6
(38) [By corrupt means, threats, or force, hinders] HINDERS WILLFULLY 7
HINDERS, prevents, or otherwise delays any person from making information available to 8
the Board or a disciplinary panel in furtherance of any investigation of the Board or a 9
disciplinary panel; 10
(45) Fails to comply with § 1–223 of this article; [or] 11
(46) Fails to comply with the requirements of the Prescription Drug 12
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; OR 13
(47) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 14
PANEL. 15
14–405. 16
(a) Except as otherwise provided in the Administrative Procedure Act, before the 17
Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 18
14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), 19
[or] § 14–5F–18, OR § 14–5G–18(A) of this title, it shall give the individual against whom 20
the action is contemplated an opportunity for a hearing before a hearing officer. 21
14–409. 22
(a) (1) Except as provided in subsection (b) of this section, a disciplinary panel 23
may reinstate the license of an individual whose license has been surrendered or revoked 24
under this title only in accordance with: 25
(i) The terms and conditions of the order of revocation or letter of 26
surrender; 27
(ii) An order of reinstatement issued by the disciplinary panel; or 28
(iii) A final judgment in any proceeding for review. 29
(2) If a license is surrendered or revoked for a period of more than 1 year, 30
[the Board] A DISCIPLINARY PANEL may reinstate the license after 1 year if the licensee: 31
22 SENATE BILL 423
(i) Meets the requirements for reinstatement as established by the 1
Board; and 2
(ii) Completes a criminal history records check in accordance with § 3
14–308.1 of this title. 4
14–411. 5
(a) In this section, “record” means the proceedings, records, or files of the Board 6
or a disciplinary panel. 7
(b) Except as otherwise expressly provided in this section and § 14–411.1 of this 8
subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not 9
disclose any information contained in a record. 10
(c) [Nothing in this] THIS section [shall] MAY NOT be construed to prevent or 11
limit the disclosure of: 12
(1) General licensure, certification, or registration information maintained 13
by the Board, if the request for release complies with the criteria of § 4–333 of the General 14
Provisions Article; 15
(2) Profile information collected and disseminated under § 14–411.1 of this 16
subtitle; or 17
(3) Personal and other identifying information of a licensee, as required by 18
the National Practitioner Data Bank for participation in the proactive disclosure service. 19
(d) The Board shall disclose any information contained in a record to: 20
(1) A committee of a hospital, health maintenance organization, or related 21
institution if: 22
(i) The committee of a medical hospital staff concerned with 23
[physician] LICENSEE discipline or other committee of a hospital, health maintenance 24
organization, or related institution requests the information in writing; 25
(ii) A disciplinary panel has issued an order as to a [licensed 26
physician] LICENSEE on whom the information is requested; and 27
(iii) The Board determines that the information requested is 28
necessary for an investigation or action of the committee as to a medical privilege of a 29
[licensed physician] LICENSEE; or 30
(2) The Secretary, the Office of Health Care Quality in the Department, 31
the Maryland Health Care Commission, or the Health Services Cost Review Commission 32 SENATE BILL 423 23
for the purpose of investigating quality or utilization of care in any entity regulated by the 1
Office of Health Care Quality or the Health Services Cost Review Commission. 2
(e) [On or before January 1, 2013, the Board, the Secretary, the Maryland Health 3
Care Commission, and the Health Services Cost Review Commission jointly shall adopt 4
regulations for the efficient and secure transfer, under subsection (d)(2) of this section, of 5
any information in a record that may indicate that an investigation of an entity regulated 6
by the Office of Health Care Quality, the Maryland Health Care Commission, or the Health 7
Services Cost Review Commission may be appropriate. 8
(f)] Subsection (d)(2) of this section may not be construed to alter the authority of 9
the Secretary under § 1–203(a) of this article or § 2–106(c) of the Health – General Article. 10
[(g)] (F) (1) The Board shall notify all hospitals, health maintenance 11
organizations, or other health care facilities where a [physician or an allied health 12
professional regulated by the Board] LICENSEE has privileges, has a provider contract with 13
a health maintenance organization, or is employed of a complaint or report filed against 14
that [physician] LICENSEE, if: 15
(i) The Board determines, in its discretion, that the hospital, health 16
maintenance organization, or health care facility should be informed about the report or 17
complaint; 18
(ii) The nature of the complaint suggests a reasonable possibility of 19
an imminent threat to patient safety; or 20
(iii) The complaint or report was as a result of a claim filed in the 21
Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is 22
filed in accordance with § 3–2A–04(b)(1) of the Courts Article. 23
(2) The Board shall disclose any information pertaining to a [physician’s] 24
LICENSEE’S competency to practice [medicine] UNDER THE LICENSE contained in record 25
to a committee of a hospital, health maintenance organization, or other health care facility 26
if: 27
(i) The committee is concerned with [physician] LICENSEE 28
discipline and requests the information in writing; and 29
(ii) The Board has received a complaint or report pursuant to 30
paragraph (1)(i) and (ii) of this subsection on the [licensed physician] LICENSEE on whom 31
the information is requested. 32
(3) The Board shall, after formal action is taken pursuant to § 14–406 of 33
this subtitle, notify those hospitals, health maintenance organizations, or health care 34
facilities where the [physician] LICENSEE has privileges, has a provider contract with a 35
health maintenance organization, or is employed of its formal action within 10 days after 36 24 SENATE BILL 423
the action is taken and shall provide the hospital, health maintenance organization, or 1
health care facility with periodic reports as to enforcement or monitoring of a formal 2
disciplinary order against a [physician] LICENSEE within 10 days after receipt of those 3
reports. 4
[(h)] (G) On the request of a person who has made a complaint to the Board 5
regarding a [physician] LICENSEE, the Board shall provide the person with information 6
on the status of the complaint. 7
[(i)] (H) Following the filing of charges or notice of initial denial of license 8
application, the Board shall disclose the filing to the public on the Board’s website. 9
[(j)] (I) The Board may disclose any information contained in a record to a 10
licensing or disciplinary authority of another state if: 11
(1) The licensing or disciplinary authority of another state that regulates 12
[licensed physicians] LICENSEES in that state requests the information in writing; and 13
(2) The disclosure of any information is limited to the pendency of an 14
allegation of a ground for disciplinary or other action by a disciplinary panel until: 15
(i) The disciplinary panel has passed an order under § 14–406 of 16
this subtitle; or 17
(ii) A [licensed physician] LICENSEE on whom the information is 18
requested authorizes a disclosure as to the facts of an allegation or the results of an 19
investigation before the Board. 20
[(k)] (J) The Board may disclose any information contained in a record to a 21
person if: 22
(1) A [licensed physician] LICENSEE on whom any information is 23
requested authorizes the person to receive the disclosure; 24
(2) The person requests the information in writing; and 25
(3) The authorization for the disclosure is in writing. 26
[(l)] (K) The Board may disclose any information contained in a record to the 27
State Medical Assistance Compliance Administration, the Secretary of the U.S. 28
Department of Health and Human Services or the Secretary’s designee, or any health 29
occupational regulatory board if: 30
(1) (i) The State Medical Assistance Compliance Administration or any 31
health occupational regulatory board requests the information in writing; or 32
SENATE BILL 423 25
(ii) The Secretary of the U.S. Department of Health and Human 1
Services or the Secretary’s designee is entitled to receive the information or have access to 2
the information under 42 U.S.C. § 1396r–2; 3
(2) (i) A disciplinary panel has issued an order under § 14–406 of this 4
subtitle; or 5
(ii) An allegation is pending before the Board or a disciplinary panel; 6
and 7
(3) The Board determines that the requested information is necessary for 8
the proper conduct of the business of that administration or board. 9
[(m)] (L) If the Board or a disciplinary panel determines that the information 10
contained in a record concerns possible criminal activity, the Board or the disciplinary 11
panel shall disclose the information to a law enforcement or prosecutorial official. 12
[(n)] (M) The Board may permit inspection of records for which inspection 13
otherwise is not authorized by a person who is engaged in a research project if: 14
(1) The researcher submits to the executive director and the Board 15
approves a written request that: 16
(i) Describes the purpose of the research project; 17
(ii) Describes the intent, if any, to publish the findings; 18
(iii) Describes the nature of the requested personal records; 19
(iv) Describes the safeguards that the researcher would take to 20
protect the identity of the persons in interest; and 21
(v) States that persons in interest will not be contacted unless the 22
executive director approves and monitors the contact; 23
(2) The executive director is satisfied that the proposed safeguards will 24
prevent the disclosure of the identity of persons in interest; and 25
(3) The researcher makes an agreement with the executive director that: 26
(i) Defines the scope of the research project; 27
(ii) Sets out the safeguards for protecting the identity of the persons 28
in interest; and 29
(iii) States that a breach of any condition of the agreement is a breach 30
of contract. 31 26 SENATE BILL 423
[(o)] (N) On the request of a person who has testified in a Board or Office of 1
Administrative Hearings proceeding, the Board shall provide to the person who testified a 2
copy of the portion of the transcript of that person’s testimony. 3
[(p)] (O) (1) The Board may publish a summary of any allegations of grounds 4
for disciplinary or other action. 5
(2) A summary may not identify: 6
(i) Any person who makes an allegation to the Board or any of its 7
investigatory bodies; 8
(ii) A [licensed physician] LICENSEE about whom an allegation is 9
made; or 10
(iii) A witness in an investigation or a proceeding before the Board or 11
any of its investigatory bodies. 12
[(q)] (P) The Board shall disclose information in a record upon the request of the 13
Governor, Secretary, or Legislative Auditor, in accordance with § 2–1223(a) of the State 14
Government Article. However, the Governor, Secretary, or Auditor, or any of their 15
employees may not disclose personally identifiable information from any of these records 16
which are otherwise confidential by law. 17
[(r)] (Q) This section does not apply to: 18
(1) Any disclosure of a record by the Board to a disciplinary panel or any of 19
its other investigatory bodies; or 20
(2) A licensee, certificate holder, or registration holder who has been 21
charged under this title or a party to a proceeding before the Board or a disciplinary panel 22
who claims to be aggrieved by the decision of the Board or the disciplinary panel. 23
[(s)] (R) If any information contained in any medical or hospital document or 24
any other exhibit is otherwise open for disclosure under law, the use of that document or 25
exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory 26
bodies does not prevent its disclosure in any other proceeding. 27
14–411.1. 28
(c) In addition to the requirements of subsection (b) of this section, the Board 29
shall: 30
SENATE BILL 423 27
(1) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL 1
DENIAL OF A LICENSE APPLICATION, DISCLOSE THE FILING TO THE PUBLIC ON THE 2
BOARD’S WEBSITE; 3
[(1)] (2) Provide appropriate and accessible Internet links from the 4
Board’s [Internet site] WEBSITE: 5
(i) To the extent available, to the appropriate portion of the 6
[Internet site] WEBSITE of each health maintenance organization licensed in this State 7
which will allow the public to ascertain the names of the physicians affiliated with the 8
health maintenance organization; and 9
(ii) To the appropriate portion of the [Internet site] WEBSITE of the 10
American Medical Association; 11
[(2)] (3) Include a statement on each licensee’s profile of information to 12
be taken into consideration by a consumer when viewing a licensee’s profile, including 13
factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating 14
that a charging document does not indicate a final finding of guilt by a disciplinary panel; 15
and 16
[(3)] (4) Provide on the Board’s [Internet site] WEBSITE: 17
(i) Notification that a person may contact the Board by telephone, 18
electronic mail, or written request to find out whether the number of medical malpractice 19
settlements involving a particular licensee totals three or more with a settlement amount 20
of [$150,000] $1,000,000 or greater within the most recent 5–year period as reported to 21
the Board; and 22
(ii) A telephone number, electronic mail address, and physical 23
address through which a person may contact the Board to request the information required 24
to be provided under item (i) of this item. 25
(d) The Board: 26
(2) Shall maintain a website that serves as a single point of entry where 27
all [physician] LICENSEE profile information is available to the public on the Internet; and 28
14–413. 29
(a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF 30
THIS SECTION , EACH hospital [and], related institution, ALTERNATIVE HEALTH 31
SYSTEM, AND EMPLOYER OF A LICENSED PHYSIC IAN shall submit to the Board a report 32
[within 10 days] after: 33
28 SENATE BILL 423
(i) The hospital [or], related institution, ALTERNATIVE HEALTH 1
SYSTEM, OR EMPLOYER denied the application of a physician for staff privileges or 2
limited, reduced, otherwise changed, or terminated the staff privileges of a physician, or 3
the physician resigned whether or not under formal accusation, if the denial, limitation, 4
reduction, change, termination, or resignation is for reasons IF: 5
(I) THE EMPLOYER: 6
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 7
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED PHYSICIAN ’S CLINICAL 8
PRIVILEGES, EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT PA TIENTS; 9
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 10
LICENSED PHYSICIAN ’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 11
3. ASKED THE LICENSED PH YSICIAN TO VOLUNTARI LY 12
RESIGN BECAUSE OF TH E LICENSED PHYSICIAN ’S CONDUCT OR WHILE T HE 13
LICENSED PHYSICIAN I S BEING INVESTIGATED ; AND 14
(II) THE ACTION DESCRIBED UNDER IT EM (I) OF THIS 15
PARAGRAPH WAS TAKEN : 16
1. FOR REASONS that might be grounds for disciplinary 17
action under § 14–404 of this subtitle; 18
2. BECAUSE THE LICENSED PHYSICIAN MAY HAVE 19
ENGAGED IN AN ACT TH AT MAY CONSTITUTE UN PROFESSIONAL CONDUCT ; 20
3. BECAUSE THE LICENSED PH YSICIAN MAY BE UNABL E 21
TO PRACTICE MEDICINE WITH REASONABLE SKIL L AND SAFETY BECAUSE OF A 22
PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL INCOMPETENCE ; OR 23
4. BECAUSE THE LICENSED PHYSICIAN MAY HAVE 24
HARMED OR PLACED ONE OR MORE PATIENTS OR THE PUBLIC AT UNR EASONABLE 25
RISK OF HARM BY ENGA GING IN AN ACT THAT CREATES AN IMMEDIATE OR 26
CONTINUING DANGER . 27
(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 28
SUBSECTION SHALL INC LUDE: 29
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 30
SENATE BILL 423 29
(II) A DETAILED EXPLANATION OF TH E REASONS FOR THE 1
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 2
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 3
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 4
CONDUCT OF THE LICEN SED PHYSICIAN. 5
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 6
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 7
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 8
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 9
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL PR OMPTLY 10
PROVIDE THE ADDITION AL INFORMATION . 11
(ii) The hospital [or], related institution, ALTERNATIVE HEALTH 12
SYSTEM, OR EMPLOYER took any disciplinary action against a salaried, licensed physician 13
without staff privileges, including termination of employment, suspension, or probation, for 14
reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; 15
(iii) A licensed physician voluntarily resigned from the staff, employ, 16
or training program of the hospital [or], related institution, ALTERNATIVE HEALTH 17
SYSTEM, OR EMPLOYER for reasons that might be grounds for disciplinary action under § 18
14–404 of this subtitle; or 19
(iv) The hospital [or], related institution, ALTERNATIVE HEALTH 20
SYSTEM, OR EMPLOYER placed any other restrictions or conditions on any of the licensed 21
physicians as listed in items (i) through (iii) of this paragraph for any reasons that might 22
be grounds for disciplinary action under § 14–404 of this subtitle. 23
(2) The hospital [or], related institution, ALTERNATIVE HEALTH 24
SYSTEM, OR EMPLOYER shall state in the report the reasons for its action or the nature 25
of the formal accusation pending when the physician resigned. 26
(3) The Board may extend the reporting time under this subsection for good 27
cause shown. 28
(4) The minutes or notes taken in the course of determining the denial, 29
limitation, reduction, or termination of the staff privileges of any physician in a hospital or 30
related institution are not subject to review or discovery by any person. 31
(5) The Board, in consultation with all interested parties, may adopt 32
regulations to define: 33
30 SENATE BILL 423
(i) Changes in employment or privileges that require reporting 1
under this section; and 2
(ii) Actions by licensees that are grounds for discipline and that 3
require reporting under this section. 4
(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 5
SYSTEM, OR IF AN EMPLOYER THAT HAS REASON TO KNOW THAT KNOWS THAT THE 6
CONDUCT OF A LICENSED PHYSICIAN HAS COMMITTED AN ACT ION OR HAS A 7
CONDITION THAT MIGHT BE GROUNDS FOR REPRIMAN D OR PROBATION OF TH E 8
LICENSED PHYSICIAN O R SUSPENSION OR REVOCA TION OF THE LICENSE REQUIRES 9
THAT THE EMPLOYER SU BMIT A REPORT UNDER SUBSECT ION (A)(1) OF THIS 10
SECTION BECAUSE THE LICENSED PHYSICIAN IS ALCOHOL–IMPAIRED OR 11
DRUG–IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER SUBSTANCE , THE EMPLOYER 12
IS NOT REQUIRED TO R EPORT THE LICENSED P HYSICIAN TO THE BOARD IF: 13
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 14
SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED PHYSICI AN IS: 15
(I) IN AN ALCOHOL OR DRUG A SUBSTANCE USE DISO RDER 16
TREATMENT PROGRAM TH AT IS ACCREDITED BY THE JOINT COMMISSION OR IS 17
CERTIFIED BY THE DEPARTMENT ; OR 18
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 19
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE 20
SUBSTANCE USE DISORD ERS; 21
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 22
SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED PHYSICIAN 23
REMAINS IN THE TREAT MENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; AND 24
(3) THE ACTION OR CONDITI ON OF THE LICENSED P HYSICIAN HAS 25
NOT CAUSED INJURY TO ANY PERSON WHILE THE PRACTITIONER PHYSICIAN IS 26
PRACTICING AS A LICENSED P HYSICIAN. 27
(C) (1) IF THE LICENSED PHYSI CIAN ENTERS OR IS CO NSIDERING 28
ENTERING AN ALCOHOL OR DRUG TREATMENT PR OGRAM THAT IS ACCRED ITED BY 29
THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE DEPARTMENT , THE 30
LICENSED PHYSICIAN S HALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , 31
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 DAYS AFTER THE 32
LICENSED PHYSICIAN ’S DECISION TO ENTER THE TREATMENT PROGRA M. 33
(2) IF THE LICENSED PHYSI CIAN FAILS TO PROVID E THE NOTICE 34
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION , AND THE HOSPITAL , 35 SENATE BILL 423 31
RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LEARNS 1
THAT THE LICENSED PH YSICIAN HAS ENTERED A TREATMENT PROGRAM , THE 2
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 3
SHALL REPORT TO THE BOARD THAT THE LICENS ED PHYSICIAN HAS ENT ERED A 4
TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE REQUIRED NOT ICE. 5
(3) IF THE TREATMENT PROG RAM FINDS THAT THE L ICENSED 6
PHYSICIAN IS NONCOMP LIANT WITH THE TREAT MENT PROGRAM ’S POLICIES AND 7
PROCEDURES WHILE IN THE TREATMENT PROGRA M, THE TREATMENT PROGRA M 8
SHALL NOTIFY THE HOS PITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 9
SYSTEM, OR EMPLOYER OF THE L ICENSED PHYSICIAN ’S NONCOMPLIANCE . 10
(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 11
THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 12
SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICENSED PH YSICIAN IS 13
NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 14
EMPLOYER OF THE LICE NSED PHYSICIAN SHALL REPORT THE LICENSED 15
PHYSICIAN’S NONCOMPLIANCE TO T HE BOARD. 16
(D) (1) THE BOARD MAY EXTEND THE REPORTING TIME UNDER THIS 17
SECTION FOR GOOD CAU SE SHOWN. 18
(D) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 19
REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 20
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 21
SUBSTANCE USE DISORD ER PATIENT RECORDS . 22
[(b)] (E) The Board may enforce this section by subpoena. 23
[(c)] (F) Any person shall have the immunity from liability described under § 24
5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information 25
required by this section. 26
(G) A HOSPITAL, A RELATED INSTITUTION , AN ALTERNATIVE HEALT H 27
SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 28
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 29
REQUIRING THE REPORT . 30
[(d)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 31
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 32
discovery in any civil action other than a proceeding arising out of a hearing and decision 33
of the Board or a disciplinary panel under this title. 34
32 SENATE BILL 423
[(e)] (I) (1) A disciplinary panel may impose a civil penalty of up to [$5,000] 1
$10,000 for failure KNOWINGLY FAILING to report under this section. 2
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF 3
UP TO $10,000 PER INCIDENT FOR A R EPORT MADE BY AN EMPLOYER IN BAD FAIT H. 4
(3) The Board shall remit any penalty collected under this 5
subsection into the General Fund of the State. 6
[14–414. 7
(a) (1) Each alternative health system as defined in § 1–401 of this article shall 8
submit to the Board a report within 10 days after: 9
(i) The alternative health system denied the formal application of a 10
physician to contract with the alternative health system or limited, reduced, otherwise 11
changed, or terminated the contract of a physician, or the physician resigned whether or 12
not under formal accusation, if the denial, limitation, reduction, change, termination, or 13
resignation is for reasons that might be grounds for disciplinary action under § 14–404 of 14
this subtitle; or 15
(ii) The alternative health system placed any other restrictions or 16
conditions on any licensed physician for any reasons that might be grounds for disciplinary 17
action under § 14–404 of this subtitle. 18
(2) The alternative health system shall state in the report the reasons for 19
its action or the nature of the formal accusation pending when the physician resigned. 20
(3) The Board may extend the reporting time under this subsection for good 21
cause shown. 22
(4) The minutes or notes taken in the course of determining the denial, 23
limitation, reduction, or termination of the employment contract of any physician in an 24
alternative health system are not subject to review or discovery by any person. 25
(5) The Board, in consultation with all interested parties, may adopt 26
regulations to define: 27
(i) Changes in employment or privileges that require reporting 28
under this section; and 29
(ii) Actions by licensees that are grounds for discipline and require 30
reporting under this section. 31
(b) The Board may enforce this section by subpoena. 32
SENATE BILL 423 33
(c) Any person shall have the immunity from liability described under § 5–715(d) 1
of the Courts and Judicial Proceedings Article for giving any of the information required by 2
this section. 3
(d) A report made under this section is not subject to subpoena or discovery in 4
any civil action other than a proceeding arising out of a hearing and decision of the Board 5
or a disciplinary panel under this title. 6
(e) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for 7
failure to report under this section. 8
(2) The Board shall remit any penalty collected under this subsection into 9
the General Fund of the State.] 10
14–414. 11
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 12
RELATED INSTITUTION , AN ALTERNATIVE HEALT H CARE SYSTEM , OR AN EMPLOYER 13
MAY NOT EMPLOY AN INDI VIDUAL TO PRACTICE M EDICINE WITHOUT A LI CENSE. 14
(B) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY IN AN AMOUNT 15
NOT EXCEEDING $5,000 $10,000 FOR A VIOLATION OF T HIS SECTION. 16
(C) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 17
SECTION INTO THE BOARD OF PHYSICIANS FUND. 18
14–5A–01. 19
(a) In this subtitle the following words have the meanings indicated. 20
(c) “Committee” means the Respiratory Care [Professional Standards] 21
ADVISORY Committee established under § 14–5A–05 of this subtitle. 22
14–5A–05. 23
There is a Respiratory Care [Professional Standards] ADVISORY Committee within 24
the Board. 25
14–5A–06. 26
(a) The Committee consists of seven members appointed by the Board as follows: 27
(1) Three LICENSED respiratory care practitioners; 28
(2) Three LICENSED physicians: 29
34 SENATE BILL 423
(i) One of whom is a specialist in thoracic surgery; 1
(ii) One of whom is a specialist in pulmonary medicine; and 2
(iii) One of whom is a specialist in anesthesiology; and 3
(3) One consumer member. 4
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 5
IN GOOD STANDING WIT H THE BOARD. 6
[(b)] (C) The consumer member of the Committee: 7
(1) [Shall] MUST be a member of the general public; 8
(2) May not be or ever have been: 9
(i) A respiratory care practitioner; 10
(ii) Any OTHER health care professional; or 11
(iii) In training to be a respiratory care practitioner or other health 12
professional; and 13
(3) May not: 14
(i) Participate or ever have participated in a commercial or 15
professional field related to respiratory care; 16
(ii) Have a household member who participates in a commercial or 17
professional field related to respiratory care; 18
(iii) Have had within 2 years before appointment a financial interest 19
in a person regulated by the Board; or 20
(iv) Have had within 2 years before appointment a financial interest 21
in the provision of goods or services to respiratory care practitioners or to the field of 22
respiratory care. 23
(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT 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 REGUL ATION. 27
SENATE BILL 423 35
(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 CONSEC UTIVE FULL 5
TERMS. 6
[(d)] (F) (1) From among its members, the Committee shall elect a chair once 7
every 2 years. 8
(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 9
the Board as a representative of the Committee. 10
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 11
14–5A–07. 12
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 13
shall: 14
(1) SHALL: 15
(1) (I) Develop and recommend to the Board [regulations]: 16
(I) 1. REGULATIONS to carry out [the provisions of] this 17
subtitle; AND 18
(II) 2. ANY STATUTORY CHANGES TH AT AFFECT THE 19
PROFESSION ; AND 20
(2) (II) [Develop and recommend to the Board a code of ethics for the 21
practice of respiratory care for adoption by the Board; 22
(3) If requested, develop and recommend to the Board standards of care for 23
the practice of respiratory care; 24
(4) Develop and recommend to the Board the requirements for licensure as 25
a respiratory care practitioner; 26
(5) Evaluate the credentials of applicants as necessary and recommend 27
licensure of applicants who fulfill the requirements for a license to practice respiratory care; 28
(6) Develop and recommend to the Board continuing education 29
requirements for license renewal; 30 36 SENATE BILL 423
(7) Provide the Board with recommendations concerning the practice of 1
respiratory care; 2
(8) Develop and recommend to the Board criteria related to the practice of 3
respiratory care in the home setting; 4
(9)] Keep a record of its [proceedings] MEETINGS; and 5
[(10) Submit an annual report to the Board.] 6
(3) ON REQUEST OF THE BOARD OR A DISCIPLINARY PANEL : 7
(2) MAY: 8
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 9
OF RESPIRATORY CARE ; AND 10
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 11
RESPIRATORY CARE PRA CTITIONERS. 12
[(b) The Board shall: 13
(1) Consider all recommendations of the Committee; and 14
(2) Provide to the Committee an annual report on the disciplinary matters 15
involving licensees.] 16
14–5A–08. 17
(b) This section does not apply to: 18
(1) [An individual] A RESPIRATORY CARE PRA CTITIONER employed 19
[by] IN THE SERVICE OF the federal government [as a respiratory care practitioner] while 20
[the individual is] practicing within the scope of [that] THE employment; 21
14–5A–14. 22
(a) A licensee shall notify the Board in writing of a change in name or address 23
within [60] 10 30 days after the change. 24
14–5A–17. 25
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 26
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 27 SENATE BILL 423 37
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 CONDUCT IN THE PRACT ICE 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
(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 21
related institutions, alternative health systems as defined in § 1–401 of this article, and 22
employers] AN EMPLOYER OF A LICENSED RESPIR ATORY CARE PRACTITIO NER shall 23
[file with] SUBMIT TO the Board a report [that the hospital, related institution, alternative 24
health system, or employer limited, reduced, otherwise changed, or terminated any licensed 25
respiratory care practitioner for any] IF: 26
(I) THE EMPLOYER : 27
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 28
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED RESPIRA TORY CARE 29 38 SENATE BILL 423
PRACTITIONER ’S CLINICAL PRIVILEGE S, EMPLOYMENT , OR OTHER ABILITY TO 1
PRACTICE OR TREAT PA TIENTS; 2
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 3
LICENSED RESPIRATORY CARE PRACTITIONER ’S EMPLOYMENT OR STAF F 4
MEMBERSHIP ; OR 5
3. ASKED THE LICENSED RE SPIRATORY CARE 6
PRACTITIONER TO VOLU NTARILY RESIGN BECAU SE OF THE LICENSED R ESPIRATORY 7
CARE PRACTITIONER ’S CONDUCT OR WHILE T HE LICENSED RESPIRAT ORY CARE 8
PRACTITIONER IS BEIN G INVESTIGATED ; AND 9
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 10
PARAGRAPH WAS TAKEN : 11
1. FOR reasons that might be grounds for disciplinary action 12
under § 14–5A–17 of this subtitle; 13
2. BECAUSE THE LICENSED RESPIRATORY CARE 14
PRACTITIONER MAY HAV E ENGAGED IN AN ACT THAT MAY CONSTITUTE 15
UNPROFESSIO NAL CONDUCT ; 16
3. BECAUSE THE LICENSED RESPIRATORY CARE 17
PRACTITIONER MAY BE UNABLE TO PRACTICE R ESPIRATORY CARE WITH 18
REASONABLE SKILL AND SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION 19
OR PROFESSIONAL INCO MPETENCE; OR 20
4. BECAUSE THE LICENSED RESPIRATORY CARE 21
PRACTITIONER MAY HAV E HARMED OR PLACED O NE OR MORE PATIENTS OR THE 22
PUBLIC AT UNREASONAB LE RISK OF HARM BY E NGAGING IN AN ACT TH AT CREATES 23
AN IMMEDIATE OR CONT INUING DANGER . 24
(2) A REPORT SUBMITTED UND ER PARAGRAPH (1) OF THIS 25
SUBSECTION SHALL INCLUDE: 26
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 27
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 28
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 29
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 30
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVESTIG ATE THE 31
CONDUCT OF THE LICEN SED RESPIRATORY CARE PRACTITIONER . 32 SENATE BILL 423 39
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
PROVIDE THE ADDITION AL INFORMATION . 6
(b) [A hospital, related institution, alternative health system, or] IF AN employer 7
[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed respiratory 8
care practitioner [has committed an action or has a condition that might be grounds for 9
reprimand or probation of the licensed respiratory care practitioner or suspension or 10
revocation of the license] REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER 11
SUBSECTION (A)(1) OF THIS SECTION because the licensed respiratory care practitioner 12
is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R SUBSTANCE , THE 13
EMPLOYER is not required to report the RESPIRATORY CARE practitioner to the Board if: 14
(1) The [hospital, related institution, alternative health system, or] 15
employer knows that the licensed respiratory care practitioner is: 16
(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 17
program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 18
Organizations] or is certified by the Department; or 19
(ii) Under the care of a health care practitioner who is competent 20
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 21
(2) The [hospital, related institution, alternative health system, or] 22
employer is able to verify that the licensed respiratory care practitioner remains in the 23
treatment program until SUCCESSFUL discharge; and 24
(3) The action or condition of the licensed respiratory care practitioner has 25
not caused injury to any person while the RESPIRATORY CARE practitioner is practicing 26
as a licensed respiratory care practitioner. 27
(c) (1) If the licensed respiratory care practitioner enters, or is considering 28
entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 29
Commission [on Accreditation of Healthcare Organizations] or that is certified by the 30
Department, the licensed respiratory care practitioner shall notify the hospital, related 31
institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 32
licensed respiratory care practitioner’s decision to enter the treatment program. 33
[(2) If the licensed respiratory care practitioner fails to provide the notice 34
required under paragraph (1) of this subsection, and the hospital, related institution, 35
alternative health system, or employer learns that the licensed respiratory care 36 40 SENATE BILL 423
practitioner has entered a treatment program, the hospital, related institution, alternative 1
health system, or employer shall report to the Board that the licensed respiratory care 2
practitioner has entered a treatment program and has failed to provide the required notice. 3
(3) If the licensed respiratory care practitioner is found to be noncompliant 4
with the treatment program’s policies and procedures while in the treatment program, the 5
treatment program shall notify the hospital, related institution, alternative health system, 6
or employer of the licensed respiratory care practitioner’s noncompliance. 7
(4) On receipt of the notification required under paragraph (3) of this 8
subsection, the hospital, related institution, alternative health system, or] IF THE 9
EMPLOYER KNOWS THAT THE LICENSED RESPIRA TORY CARE PRA CTITIONER IS 10
NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 11
employer of the licensed respiratory care practitioner shall report the licensed respiratory 12
care practitioner’s noncompliance to the Board. 13
(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 14
FOR GOOD CAUSE SHOWN . 15
(2) A person is not required under this section to make any report that 16
would be in violation of any federal or State law, rule, or regulation concerning the 17
confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 18
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 19
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 20
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 21
REQUIRED BY THIS SECTION. 22
[(e)] (G) [The hospital, related institution, alternative health system, or] AN 23
employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 24
submit the report within 10 days [of any] AFTER THE action [described in this section] 25
REQUIRING THE REPORT . 26
[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 27
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 28
discovery in any civil action other than a proceeding arising out of a hearing and decision 29
of the Board or a disciplinary panel under this title. 30
(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 31
for failure KNOWINGLY FAILING to report under this section. 32
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 33
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 34
SENATE BILL 423 41
(3) The Board shall remit any penalty collected under this subsection into 1
the General Fund of the State. 2
14–5A–22.1. 3
(a) Except as otherwise provided in this subtitle, a licensed physician may not 4
employ or supervise an individual practicing respiratory care without a license. 5
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 6
alternative health system, or AN employer may not employ an individual practicing 7
respiratory care without a license. 8
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 9
violation of this section. 10
14–5A–23. 11
(a) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 12
14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is guilty of a misdemeanor and 13
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 14
or both. 15
(b) A person who violates [any provision of §§ 14–5A–20 through 14–5A–22.1] § 16
14–5A–20, § 14–5A–21, OR § 14–5A–22 of this subtitle is subject to a civil fine of not 17
more than $5,000 to be levied by a disciplinary panel. 18
(c) The Board shall pay any penalty collected under this section into the Board of 19
Physicians Fund. 20
14–5B–05. 21
(a) There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, 22
and Radiology Assistance Advisory Committee within the Board. 23
(b) (1) The Committee consists of nine members appointed by the Board. 24
(2) Of the nine members: 25
(i) One shall be a licensed physician who specializes in radiology; 26
(ii) One shall be a licensed physician who specializes in radiology 27
and who supervises a radiologist assistant; 28
(iii) One shall be a licensed physician who specializes in nuclear 29
medicine; 30
42 SENATE BILL 423
(iv) One shall be a licensed physician who specializes in radiation 1
oncology; 2
(v) One shall be a LICENSED radiation therapist; 3
(vi) One shall be a LICENSED radiographer; 4
(vii) One shall be a LICENSED radiologist assistant; 5
(viii) One shall be a LICENSED nuclear medicine technologist; and 6
(ix) One shall be a consumer member. 7
[(c) (1) From among its members, the Committee shall elect a chair once every 8
2 years. 9
(2) The chair, or the chair’s designee, shall serve in an advisory capacity to 10
the Board as a representative of the Committee.] 11
(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 12
IN GOOD STANDING WIT H THE BOARD. 13
(d) The consumer member of the Committee: 14
(1) [Shall] MUST be a member of the general public; 15
(2) May not be or ever have been [a]: 16
(I) A RADIATION THERAPIST , RADIOGRAPHER , RADIOLOGIST 17
ASSISTANT, OR NUCLEAR MEDICINE TECHNOLOGIST ; 18
(II) ANY OTHER health care professional; or [in] 19
(III) IN training to be a RADIATION THERAPIST , RADIOGRAPHER , 20
RADIOLOGIST ASSISTAN T, NUCLEAR MEDICINE TEC HNOLOGIST, OR OTHER health 21
care professional; and 22
(3) May not: 23
(i) Participate or ever have participated in a commercial or 24
professional field related to radiation therapy, radiography, nuclear medicine technology, 25
or radiology assistance; 26
(ii) Have a household member who participates in a commercial or 27
professional field related to radiation therapy, radiography, nuclear medicine technology, 28
or radiology assistance; [or] 29 SENATE BILL 423 43
(iii) Have had within 2 years before appointment a financial interest 1
in a person regulated by the Board; OR 2
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 3
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO RADIATION 4
THERAPISTS, RADIOGRAPHE RS, RADIOLOGY ASSISTANTS , OR NUCLEAR MEDICINE 5
TECHNOLOGISTS OR TO THE FIELD OF RADIATI ON THERAPY , RADIOGRAPHY , 6
NUCLEAR MEDICINE TEC HNOLOGY, OR RADIOLOGY ASSISTA NCE. 7
(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 8
STATE. 9
(F) (1) FROM AMONG IT S MEMBERS, THE COMMITTEE SHALL ELECT A 10
CHAIR ONCE EVERY 2 YEARS. 11
(2) THE CHAIR, OR THE CHAIR ’S DESIGNEE, SHALL SERVE IN AN 12
ADVISORY CAPACITY TO THE BOARD AS A REPRESENTA TIVE OF THE COMMITTEE. 13
[(e)] (G) (1) The term of a member is 3 years. 14
(2) The terms of members are staggered as required by regulation. 15
(3) At the end of a term, a member continues to serve until a successor is 16
appointed and qualifies. 17
(4) A member may not serve more than [2] TWO consecutive full terms. 18
(5) A MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN SERVES 19
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
QUALIFIES. 21
(H) A QUORUM OF THE COMMITTEE CONSISTS OF FIVE MEMBERS . 22
14–5B–06. 23
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 24
shall: 25
(1) SHALL: 26
(1) (I) [Make recommendations] DEVELOP AND RECOMMEND to the 27
Board [on regulations necessary]: 28
44 SENATE BILL 423
(I) 1. REGULATIONS to carry out [the provisions of] this 1
subtitle; AND 2
(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 3
PROFESSION; AND 4
(2) (II) [Make recommendations to the Board on a code of ethics for the 5
practice of radiation therapy, the practice of radiography, the practice of nuclear medicine 6
technology, and the practice of radiology assistance for adoption by the Board; 7
(3) On request, make recommendations to the Board on standards of care 8
for the practice of radiation therapy, the practice of radiography, the practice of nuclear 9
medicine technology, and the practice of radiology assistance; 10
(4) Make recommendations to the Board on the requirements for licensure 11
as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist 12
assistant; 13
(5) On request, review applications for licensure as a radiation therapist, 14
radiographer, nuclear medicine technologist, or radiologist assistant and make 15
recommendations to the Board; 16
(6) Develop and recommend to the Board continuing education 17
requirements for license renewal; 18
(7) Advise the Board on matters related to the practice of radiation 19
therapy, the practice of radiography, the practice of nuclear medicine technology, and the 20
practice of radiology assistance; 21
(8)] Keep a record of its [proceedings] MEETINGS; and 22
[(9) Submit an annual report to the Board.] 23
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 24
(2) MAY: 25
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 26
OF RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, AND 27
RADIOLOGY ASSISTANCE ; AND 28
(II) ADVISE THE BOARD ON ANY OTHER MATTERS RELATED TO 29
RADIATION THERAPISTS , RADIOGRAPHERS , NUCLEAR MEDICINE TEC HNOLOGISTS, 30
AND RADIOLOGIST ASSI STANTS. 31
[(b) The Board shall: 32 SENATE BILL 423 45
(1) Consider all recommendations of the Committee; and 1
(2) Provide to the Committee an annual report on the disciplinary matters 2
involving licensees.] 3
14–5B–08. 4
(b) This section does not apply to: 5
(1) [An individual] A RADIATION THERAPIST , RADIOGRAPHER , 6
NUCLEAR MEDICINE TEC HNOLOGIST, OR RADIOLOGY ASSISTA NT employed [by] IN 7
THE SERVICE OF the federal government [as a radiation therapist, radiographer, a nuclear 8
medicine technologist, or radiologist assistant] while [the individual is] practicing within 9
the scope of [that] THE employment; or 10
14–5B–11. 11
(a) Licensure as a radiation therapist authorizes an individual to practice 12
radiation therapy IN THE STATE while the license is effective. 13
(b) Licensure as a radiographer authorizes an individual to practice radiography 14
IN THE STATE while the license is effective. 15
(c) Licensure as a nuclear medicine technologist authorizes an individual to 16
practice nuclear medicine technology IN THE STATE while the license is effective. 17
(d) Licensure as a radiologist assistant authorizes an individual to practice 18
radiology assistance IN THE STATE while the license is effective. 19
14–5B–12.1. 20
(a) A licensee shall notify the Board in writing of a change in name or address 21
within [60] 10 30 days after the change. 22
14–5B–14. 23
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 24
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 25
license to any applicant, reprimand any licensee, place any licensee on probation, or 26
suspend or revoke a license, if the applicant or licensee: 27
(3) Is guilty of [unprofessional or immoral]: 28
(I) IMMORAL conduct in the practice of radiation therapy, 29
radiography, nuclear medicine technology, or radiology assistance; OR 30 46 SENATE BILL 423
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 1
RADIATION THERAPY , RADIOGRAPHY , NUCLEAR MEDICINE TEC HNOLOGY, OR 2
RADIOLOGY ASSISTANCE ; 3
(4) Is [professionally, physically, or mentally]: 4
(I) PROFESSIONALLY INCOMP ETENT; 5
(II) PHYSICALLY INCOMPETEN T; OR 6
(III) MENTALLY incompetent; 7
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 8
radiation therapy, radiography, nuclear medicine technology, or radiology assistance; 9
(15) [Knowingly] WILLFULLY practices radiation therapy, radiography, 10
nuclear medicine technology, or radiology assistance with an unauthorized individual or 11
aids an unauthorized individual in the practice of radiation therapy, radiography, nuclear 12
medicine technology, or radiology assistance; 13
(19) [Knowingly] WILLFULLY submits false statements to collect fees for 14
which services are not provided; 15
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 16
violation of § 5–704 of the Family Law Article; 17
14–5B–15. 18
(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 19
related institutions, alternative health systems as defined in § 1–401 of this article, and 20
employers] EACH EMPLOYER OF A LI CENSEE shall [file with] SUBMIT TO the Board a 21
report [that the hospital, related institution, alternative health system, or employer 22
limited, reduced, otherwise changed, or terminated any licensee for any reason] IF: 23
(I) THE EMPLOYER : 24
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 25
DENIED, CONDITIONED , OR DID NOT RENEW THE LI CENSEE’S CLINICAL PRIVILEGE S, 26
EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT PA TIENTS; 27
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 28
LICENSEE’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 29
SENATE BILL 423 47
3. ASKED THE LICENSEE TO VOLUNTARILY RESIGN 1
BECAUSE OF THE LICEN SEE’S CONDUCT OR WHILE T HE LICENSEE IS BEING 2
INVESTIGATED ; AND 3
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 4
PARAGRAPH WAS TAKEN : 5
1. FOR REASONS that might be grounds for disciplinary 6
action under § 14–5B–14 of this subtitle; 7
2. BECAUSE THE LICENSEE MAY HAVE ENGAGED IN AN 8
ACT THAT MAY CONSTIT UTE UNPROFESSIONAL C ONDUCT; 9
3. BECAUSE THE LICENSEE MAY BE UNABLE TO 10
PRACTICE NUCLEAR MED ICINE TECHNOLOGY , RADIATION THERAPY , 11
RADIOGRAPHY , OR RADIOLOGY ASSISTA NCE WITH REASONABL E SKILL AND SAFETY 12
BECAUSE OF A PHYSICA L OR MENTAL CONDITIO N OR PROFESSIONAL 13
INCOMPETENCE ; OR 14
4. BECAUSE THE LICENSEE MAY HAVE HARMED OR 15
PLACED ONE OR MORE P ATIENTS OR THE PUBLI C AT UNREASONABLE RI SK OF HARM 16
BY ENGAGING IN AN AC T THAT CREATES AN IM MEDIATE OR CONTINUING D ANGER. 17
(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 18
SUBSECTION SHALL INC LUDE: 19
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 20
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 21
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 22
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 23
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 24
CONDUCT OF THE LICEN SEE. 25
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 26
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARAGRAPH (1) 27
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 28
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 29
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 30
PROVIDE THE ADDITION AL INFORMATION . 31
48 SENATE BILL 423
(b) [A hospital, related institution, alternative health system, or] IF AN employer 1
[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensee [has committed 2
an action or has a condition that might be grounds for reprimand or probation of the 3
licensee or suspension or revocation of the licensure] REQUIRES THAT THE EM PLOYER 4
SUBMIT A REPORT UNDE R SUBSECTION (A)(1) OF THIS SECTION because the licensee 5
is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R SUBSTANCE , THE 6
EMPLOYER is not required to report the licensee to the Board if: 7
(1) The [hospital, related institution, alternative health system, or] 8
employer knows that the licensee is: 9
(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 10
program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 11
Organizations] or is certified by the Department; or 12
(ii) Under the care of a health care practitioner who is competent 13
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 14
(2) (i) The [hospital, related institution, alternative health system, or] 15
employer is able to verify that the licensee remains in the treatment program until 16
SUCCESSFUL discharge; and 17
(ii) The action or condition of the licensee has not caused injury to 18
any person while the licensee is practicing AS A LICENSED NUCLEA R MEDICINE 19
TECHNOLOGIST , LICENSED RADIATION T HERAPIST, LICENSED RADIOGRAPHE R, OR 20
LICENSED RADIOLOGIST ASSISTANT. 21
(c) (1) If the licensee enters, or is considering entering, an alcohol or drug 22
treatment program that is accredited by [the] THE Joint Commission [on Accreditation of 23
Healthcare Organizations] or that is certified by the Department, the licensee shall notify 24
the hospital, related institution, alternative health system, or employer [of] WITHIN 15 25
DAYS AFTER the licensee’s decision to enter the treatment program. 26
[(2) If the licensee fails to provide the notice required under paragraph (1) 27
of this subsection, and the hospital, related institution, alternative health system, or 28
employer learns that the licensee has entered a treatment program, the hospital, related 29
institution, alternative health system, or employer shall report to the Board that the 30
licensee has entered a treatment program and has failed to provide the required notice. 31
(3) If the licensee is found to be noncompliant with the treatment 32
program’s policies and procedures while in the treatment program, the treatment program 33
shall notify the hospital, related institution, alternative health system, or employer of the 34
licensee’s noncompliance. 35
SENATE BILL 423 49
(4) On receipt of the notification required under paragraph (3) of this 1
subsection, the hospital, related institution, alternative health system, or] IF THE 2
EMPLOYER KNOWS THAT THE LICENSEE IS NONC OMPLIANT WITH THE SU BSTANCE 3
USE DISORDER TREATME NT PROGRAM , THE employer of the licensee shall report the 4
licensee’s noncompliance to the Board. 5
(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 6
FOR GOOD CAUSE SHOWN . 7
(2) A person is not required under this section to make any report that 8
would be in violation of any federal or State law, rule, or regulation concerning the 9
confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 10
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 11
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 12
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 13
REQUIRED BY THIS SEC TION. 14
[(e)] (G) [The hospital, related institution, alternative health system, or] AN 15
employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 16
submit the report within 10 days [of any] AFTER THE action [described in this section] 17
REQUIRING THE REPORT . 18
[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 19
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 20
discovery in any civil action other than a proceeding arising out of a hearing and decision 21
of the Board or a disciplinary panel under this title. 22
(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] 23
$5,000 for failure KNOWINGLY FAILING to report under this section. 24
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 25
$5,000 PER INCIDENT FOR A REPORT MADE BY AN EMPLOYER IN BAD F AITH. 26
(3) The Board shall remit any penalty collected under this subsection into 27
the General Fund of the State. 28
14–5B–18.1. 29
(a) Except as otherwise provided in this subtitle, a licensed physician may not 30
employ or supervise an individual practicing radiation therapy, radiography, nuclear 31
medicine technology, or radiology assistance without a license. 32
50 SENATE BILL 423
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 1
alternative health system, or AN employer may not employ an individual practicing 2
radiation therapy, radiography, nuclear medicine technology, or radiology assistance 3
without a license. 4
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for 5
employing an individual without a license under this section. 6
14–5B–19. 7
(a) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 8
14–5B–17 OR § 14–5B–18 of this subtitle is guilty of a misdemeanor and on conviction is 9
subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. 10
(b) A person who violates [any provision of §§ 14–5B–17 through 14–5B–18.1] § 11
14–5B–17 OR § 14–5B–18 of this subtitle is subject to a civil fine of not more than $5,000 12
to be levied by a disciplinary panel. 13
(c) The Board shall pay any penalty collected under this section into the Board of 14
Physicians Fund. 15
14–5C–01. 16
(a) In this subtitle the following words have the meanings indicated. 17
(c) “Committee” means the Polysomnography [Professional Standards] 18
ADVISORY Committee established under § 14–5C–05 of this subtitle. 19
14–5C–05. 20
There is a Polysomnography [Professional Standards] ADVISORY Committee within 21
the Board. 22
14–5C–06. 23
(a) The Committee consists of seven members appointed by the Board as follows: 24
(1) [(i) On or before September 30, 2009, three registered 25
polysomnographic technologists; or 26
(ii) On or after October 1, 2009, three ] THREE licensed 27
polysomnographic technologists; 28
(2) Three LICENSED physicians who are board certified in sleep medicine: 29
(i) One of whom is a specialist in psychiatry or internal medicine; 30 SENATE BILL 423 51
(ii) One of whom is a specialist in pulmonary medicine; and 1
(iii) One of whom is a specialist in neurology; and 2
(3) One consumer member. 3
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 4
IN GOOD STANDING WIT H THE BOARD. 5
[(b)] (C) The consumer member of the Committee: 6
(1) [Shall] MUST be a member of the general public; 7
(2) May not be or ever have been: 8
(i) A polysomnographic technologist; 9
(ii) Any OTHER health care professional; or 10
(iii) In training to be a polysomnographic technologist or other health 11
care professional; AND 12
(3) [May not have a household member who is a health care professional 13
or is in training to be a health care professional; and 14
(4)] May not: 15
(i) Participate or ever have participated in a commercial or 16
professional field related to polysomnography; 17
(ii) Have a household member who participates in a commercial or 18
professional field related to polysomnography; 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 polysomnographic technologists or to the field of 23
polysomnography. 24
(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 25
STATE. 26
[(c)] (E) (1) The term of a member is 3 years. 27
52 SENATE BILL 423
(2) The terms of members are staggered as required by [the terms provided 1
for members of the Committee on October 1, 2006] 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 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 CONSEC UTIVE 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
14–5C–07. 14
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 15
shall: 16
(1) SHALL: 17
(1) (I) Develop and recommend to the Board [regulations]: 18
(I) 1. REGULATIONS to carry out [the provisions of] this 19
subtitle; AND 20
(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 21
PROFESSION; AND 22
(2) (II) [Develop and recommend to the Board a code of ethics for the 23
practice of polysomnography for adoption by the Board; 24
(3) Develop and recommend to the Board standards of care for the practice 25
of polysomnography; 26
(4) Develop and recommend to the Board the requirements for licensure as 27
a polysomnographic technologist, including: 28
(i) Criteria for the educational and clinical training of licensed 29
polysomnographic technologists; and 30 SENATE BILL 423 53
(ii) Criteria for a professional competency examination and testing 1
of applicants for a license to practice polysomnography; 2
(5) Develop and recommend to the Board criteria for licensed 3
polysomnographic technologists who are licensed in other states to practice in this State; 4
(6) Evaluate the accreditation status of education programs in 5
polysomnography for approval by the Board; 6
(7) Evaluate the credentials of applicants and recommend licensure of 7
applicants who fulfill the requirements for a license to practice polysomnography; 8
(8) Develop and recommend to the Board continuing education 9
requirements for license renewal; 10
(9) Provide the Board with recommendations concerning the practice of 11
polysomnography; 12
(10) Develop and recommend to the Board criteria for the direction of 13
students in clinical education programs by licensed polysomnographic technologists and 14
licensed physicians; 15
(11)] Keep a record of its [proceedings] MEETINGS; and 16
[(12) Submit an annual report to the Board.] 17
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 18
(2) MAY: 19
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 20
OF POLYSOMNOGRAPHY ; AND 21
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 22
POLYSOMNOGRAPHIC TEC HNOLOGIST PRACTITION ERS. 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
14–5C–08. 28
54 SENATE BILL 423
(b) This section does not apply to [a]: 1
(1) A student enrolled in an education program under § 14–5C–09(c)(3) of 2
this subtitle while practicing polysomnography in that program[.]; 3
[(c)] (2) [This section does not apply to a] A respiratory care practitioner who 4
was licensed by the Board to practice respiratory care on or before December 31, 2012, and 5
whose duties include practicing polysomnography; OR 6
(3) A POLYSOMNOGRAPHIC TEC HNOLOGIST EMPLOYED I N THE 7
SERVICE OF THE FEDER AL GOVERNMENT WHILE PRACTICING WITHIN TH E SCOPE OF 8
THE EMPLOYMENT . 9
[14–5C–10. 10
(a) The Board shall waive the education requirement under § 14–5C–09(c)(3) of 11
this subtitle if on or before September 30, 2013, an individual: 12
(1) Has passed the national certifying examination by the Board of 13
Registered Polysomnographic Technologists or another examination approved by the 14
Board; 15
(2) Is certified by the Board of Registered Polysomnographic Technologists 16
as a registered polysomnographic technologist; 17
(3) Has submitted an application for licensure to the Board; and 18
(4) Meets all of the requirements under § 14–5C–09(b) and (c)(1) and (2) of 19
this subtitle. 20
(b) (1) If an individual has not satisfied the requirements under subsection (a) 21
of this section on or before September 30, 2013, the individual may petition the Board for 22
an extension. 23
(2) The Board shall determine whether to grant an extension under this 24
subsection on a case–by–case basis.] 25
14–5C–14.1. 26
(a) A licensee shall notify the Board in writing of a change in name or address 27
within [60] 10 30 days after the change. 28
14–5C–17. 29
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 30
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 31 SENATE BILL 423 55
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 polysomnography; OR 4
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 5
POLYSOMNOGRAPHY ; 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
polysomnography; 12
(15) [Knowingly] WILLFULLY practices polysomnography with an 13
unauthorized individual or aids an unauthorized individual in the practice of 14
polysomnography; 15
(16) [Knowingly] WILLFULLY delegates a polysomnographic duty to an 16
unlicensed individual; 17
(20) [Knowingly] WILLFULLY submits false statements to collect fees for 18
which services are not provided; 19
(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 20
violation of § 5–704 of the Family Law Article; 21
14–5C–18. 22
(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 23
related institutions, alternative health systems as defined in § 1–401 of this article, and 24
employers] EACH EMPLOYER OF A LICENSED POLYSO MNOGRAPHIC TECHNOLOG IST 25
shall [file with] SUBMIT TO the Board a report [that the hospital, related institution, 26
alternative health system, or employer limited, reduced, otherwise changed, or terminated 27
any licensed polysomnographic technologist for any reason] IF: 28
(I) THE EMPLOYER : 29
56 SENATE BILL 423
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 1
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED POLYSOMNOGR APHIC 2
TECHNOLOGIST ’S CLINICAL PRIVILEGE S, EMPLOYMENT , OR OTHER ABILITY TO 3
PRACTICE OR TREAT PA TIENTS; 4
2. INVOLUNTARILY TERMINA TED OR RESTRICTED T HE 5
LICENSED POLYSOMNOGR APHIC TECHNOLOGIST ’S EMPLOYMENT OR STAF F 6
MEMBERSHIP ; OR 7
3. ASKED THE LICENSED PO LYSOMNOGRAPHIC 8
TECHNOLOGIST TO VOLU NTARILY RESIGN BECAU SE OF THE LICENSED 9
POLYSOMNOGRAPHIC TEC HNOLOGIST’S CONDUCT OR WHILE T HE LICENSED 10
POLYSOMNOGRA PHIC TECHNOLOGIST IS BEING INVESTIGATED ; AND 11
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 12
PARAGRAPH WAS TAKEN : 13
1. FOR REASONS that might be grounds for disciplinary 14
action under § 14–5C–17 of this subtitle; 15
2. BECAUSE THE LICENSED POLYSOMNOGRAPHIC 16
TECHNOLOGIST MAY HAV E ENGAGED IN AN ACT THAT MAY CONSTITUTE 17
UNPROFESSIONAL CONDU CT; 18
3. BECAUSE THE LICENSED POLYSOMNOGRAPHIC 19
TECHNOLOGIST MAY BE UNABLE TO PRACTICE P OLYSOMNOGRAPHY WITH 20
REASONABLE SKILL AND SAFETY BECAUSE OF A PHYSICAL OR MEN TAL CONDITION 21
OR PROFESSIONAL INCO MPETENCE; OR 22
4. BECAUSE THE LICENSED POLYSOMNOGRAPHIC 23
TECHNOLOGIST MAY HAV E HARMED OR PLACED O NE OR MORE PATIENTS OR THE 24
PUBLIC AT UNREASONAB LE RISK OF HARM BY E NGAGING IN AN ACT TH AT CREATES 25
AN IMMEDIATE OR CONT INUING DANGER. 26
(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION SHALL INC LUDE: 28
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 29
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 30
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 31
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 32
SENATE BILL 423 57
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 1
CONDUCT OF THE LICEN SED POLYSOMNOGRAPHIC TECHNOLOGIST . 2
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 3
ADDITIONAL INFORMATI ON REGARDING AN ACT ION DESCRIBED IN PAR AGRAPH (1) 4
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 5
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 6
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 7
PROVIDE THE ADDITION AL INFORMATION . 8
(b) [A hospital, related institution, alternative health system, or] IF AN employer 9
[that has reason to know] KNOWS that THE CONDUCT OF a licensed polysomnographic 10
technologist [has committed an action or has a condition that might be grounds for 11
reprimand or probation of the licensed polysomnographic technologist or suspension or 12
revocation of the license] REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER 13
SUBSECTION (A)(1) OF THIS SECTION because the licensed polysomnographic 14
technologist is [alcohol impaired or drug] impaired BY ALCOHOL OR ANOTHE R 15
SUBSTANCE, THE EMPLOYER is not required to report the technologist to the Board if: 16
(1) The [hospital, related institution, alternative health system, or] 17
employer knows that the licensed polysomnographic technologist is: 18
(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 19
program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 20
Organizations] or is certified by the Department; or 21
(ii) Under the care of a health care practitioner who is competent 22
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 23
and 24
(2) (i) The [hospital, related institution, alternative health system, or] 25
employer is able to verify that the licensed polysomnographic technologist remains in the 26
treatment program until SUCCESSFUL discharge; and 27
(ii) The action or condition of the licensed polysomnographic 28
technologist has not caused injury to any person while the LICENSED 29
POLYSOMNOGRAPHIC technologist is practicing as a licensed polysomnographic 30
technologist. 31
(c) (1) If the licensed polysomnographic technologist enters, or is considering 32
entering, an alcohol or drug treatment program that is accredited by [the] THE Joint 33
Commission [on Accreditation of Healthcare Organizations] or that is certified by the 34
Department, the licensed polysomnographic technologist shall notify the hospital, related 35 58 SENATE BILL 423
institution, alternative health system, or employer [of] WITHIN 15 DAYS AFTER the 1
licensed polysomnographic technologist’s decision to enter the treatment program. 2
[(2) If the licensed polysomnographic technologist fails to provide the notice 3
required under paragraph (1) of this subsection, and the hospital, related institution, 4
alternative health system, or employer learns that the licensed polysomnographic 5
technologist has entered a treatment program, the hospital, related institution, alternative 6
health system, or employer shall report to the Board that the licensed polysomnographic 7
technologist has entered a treatment program and has failed to provide the required notice. 8
(3) If the licensed polysomnographic technologist is found to be 9
noncompliant with the treatment program’s policies and procedures while in the treatment 10
program, the treatment program shall notify the hospital, related institution, alternative 11
health system, or employer of the licensed polysomnographic technologist’s noncompliance. 12
(4) On receipt of the notification required under paragraph (3) of this 13
subsection, the hospital, related institution, alternative health system, or] IF THE 14
EMPLOYER KNOWS THAT THE LICENSED POLYSOM NOGRAPHIC TECHNOLOGI ST IS 15
NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 16
employer of the licensed polysomnographic technologist shall report the licensed 17
polysomnographic technologist’s noncompliance to the Board. 18
(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 19
FOR GOOD CAUSE SHOWN . 20
(2) A person is not required under this section to make any report that 21
would be in violation of any federal or State law, rule, or regulation concerning the 22
confidentiality of [alcohol and drug abuse] SUBSTANCE USE DISORD ER patient records. 23
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 24
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 25
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 26
REQUIRED BY THIS SEC TION. 27
[(e)] (G) [The hospital, related institution, alternative health system, or] AN 28
employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 29
submit the report within 10 days [of any] AFTER THE action [described in this section] 30
REQUIRING THE REPORT . 31
[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 32
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 33
discovery in any civil action other than a proceeding arising out of a hearing and decision 34
of the Board or a disciplinary panel under this title. 35
SENATE BILL 423 59
(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 1
for failure KNOWINGLY FAILING to report under this section. 2
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 3
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 4
(3) The Board shall remit any penalty collected under this subsection into 5
the General Fund of the State. 6
14–5C–22.1. 7
(b) Except as otherwise provided in this subtitle, [a hospital, a related institution, 8
an alternative health system, or] an employer may not employ an individual practicing 9
polysomnography without a license. 10
14–5C–23. 11
(a) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 12
14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is guilty of a misdemeanor and 13
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 14
or both. 15
(b) A person who violates [any provision of §§ 14–5C–20 through 14–5C–22.1] § 16
14–5C–20, § 14–5C–21, OR § 14–5C–22 of this subtitle is subject to a civil fine of not 17
more than $5,000 to be levied by a disciplinary panel. 18
(c) The Board shall pay any penalty collected under this section into the Board of 19
Physicians Fund. 20
14–5D–04. 21
There is an Athletic Trainer Advisory Committee within the Board. 22
14–5D–05. 23
(a) The Committee consists of [nine] SEVEN members appointed by the Board as 24
follows: 25
(1) Three licensed athletic trainers [who: 26
(i) Are certified by a national certifying board; and 27
(ii) Have a minimum of 5 years of clinical experience]; 28
(2) Three licensed physicians: 29
60 SENATE BILL 423
(i) At least one of whom is a specialist in orthopedic or sports 1
medicine; and 2
(ii) Two of whom previously or currently have partnered with or 3
directed an athletic trainer; AND 4
[(3) One member who is: 5
(i) A licensed chiropractor who has sports medicine experience; 6
(ii) A licensed physical therapist; or 7
(iii) A licensed occupational therapist; and 8
(4)] (3) [Two] ONE consumer [members] MEMBER. 9
[(b) (1) The athletic trainer members may be appointed by the Board from a 10
list of qualified individuals submitted to the Board by the Maryland Athletic Trainers 11
Association, Inc. 12
(2) The Board may request an additional list of nominees for each vacancy.] 13
(B) THE BOARD SHALL APPOINT A T LEAST ONE OF THE A THLETIC TRAINER 14
MEMBERS FROM A LIST OF NAMES SUBMITTED B Y THE MARYLAND ATHLETIC 15
TRAINERS ASSOCIATION, INC. 16
(C) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 17
IN GOOD STANDING WIT H THE BOARD. 18
[(c)] (D) The consumer member of the Committee: 19
(1) [Shall] MUST be a member of the general public; 20
(2) May not be or ever have been: 21
(i) An athletic trainer; 22
(ii) [A] ANY OTHER health care professional; or 23
(iii) In training to be an athletic trainer or other health professional; 24
and 25
(3) May not: 26
(i) Participate or ever have participated in a commercial or 27
professional field related to athletic training; 28 SENATE BILL 423 61
(ii) Have [had within 2 years before appointment a financial interest 1
in a person regulated by the Board] A HOUSEHOLD MEMBER W HO PARTICIPATES IN A 2
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO ATHLETIC TRAINING ; [or] 3
(iii) Have had within 2 years before appointment a financial interest 4
in the provision of goods or services to athletic trainers or to the field of athletic training; 5
OR 6
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 7
FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD. 8
(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 9
STATE. 10
[(d)] (F) (1) The term of a member is 3 years. 11
(2) The terms of members are staggered as required by [the terms provided 12
for members of the Committee on October 1, 2009] 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 who is appointed after a term has begun serves only for the 16
rest of the term and until a successor is appointed AND QUALIFIES . 17
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 18
TERMS. 19
[(e)] (G) (1) From among its members, the Committee shall elect a chair 20
every 2 years. 21
(2) The chair shall serve in an advisory capacity to the Board as a 22
representative of the Committee. 23
(H) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
14–5D–06. 25
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 26
shall: 27
(1) SHALL: 28
(1) (I) Develop and recommend to the Board [regulations]: 29 62 SENATE BILL 423
(I) 1. REGULATIONS to carry out this subtitle; AND 1
(II) 2. ANY STATUTORY CHANGES THAT AF FECT THE 2
PROFESSION; AND 3
(2) (II) [Develop and recommend to the Board continuing education 4
requirements for license renewal; 5
(3) Provide the Board with recommendations concerning the practice of 6
athletic training; 7
(4) Develop and recommend to the Board an evaluation and treatment 8
protocol for use by an athletic trainer and the physician with whom the athletic trainer 9
practices; 10
(5) Recommend to the Board approval, modification, or disapproval of 11
individual evaluation and treatment protocols; 12
(6)] Keep a record of its [proceedings] MEETINGS; and 13
[(7) Submit an annual report to the Board.] 14
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 15
(2) MAY: 16
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 17
OF ATHLETIC TRAINING ; AND 18
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 19
ATHLETIC TRAINERS . 20
[(b) The Board shall: 21
(1) Consider all recommendations of the Committee; and 22
(2) Provide to the Committee an annual report on the disciplinary matters 23
involving licensees.] 24
14–5D–07. 25
(b) This section does not apply to: 26
SENATE BILL 423 63
(1) An [individual] ATHLETIC TRAINER employed [by] IN THE SERVICE 1
OF the federal government [as an athletic trainer] while [the individual is] practicing 2
within the scope of [that] THE employment; 3
14–5D–10. 4
(a) An athletic trainer license authorizes the licensee to practice athletic training 5
services IN THE STATE while the license is effective. 6
14–5D–11.1. 7
(b) Except as otherwise provided in this subtitle, [a hospital, an institution, an 8
alternative health system, or any other] AN employer may not employ an individual 9
practicing athletic training without a license or without an approved evaluation and 10
treatment protocol. 11
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 on a 12
person who employs or supervises an individual without a license or without an approved 13
evaluation and treatment protocol. 14
14–5D–11.5. 15
(A) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D) OF THIS 16
SECTION, EACH HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH SYSTEM , 17
AND EACH EMPLOYER OF A LICENSED ATHLET IC TRAINER SHALL FILE WITH SUBMIT 18
TO THE BOARD A REPORT THAT THE HOSPITAL, RELATED INSTITUTION, 19
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, OTHERWISE 20
CHANGED, OR TERMINATED ANY LI CENSED ATHLETIC TRAINER FOR ANY REASON IF: 21
(I) THE EMPLOYER : 22
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 23
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED ATHLETIC TR AINER’S 24
CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 25
PATIENTS; 26
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 27
LICENSED ATHLETIC TR AINER’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 28
3. ASKED THE LICENSED AT HLETIC TRAINER TO 29
VOLUNTARILY RESIGN B ECAUSE OF THE LICENS ED ATHLETIC TRAINER ’S CONDUCT 30
OR WHILE THE LI CENSED ATHLETIC TRAI NER IS BEING INVESTI GATED; AND 31
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 32
PARAGRAPH WAS TAKEN : 33 64 SENATE BILL 423
1. FOR REASONS THAT MIGHT BE GROUND S FOR 1
DISCIPLINARY ACTION UNDER § 14–5D–14 OF THIS SUBTITLE; 2
2. BECAUSE THE LICENSED ATHLETIC TRAINER MAY 3
HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 4
3. BECAUSE THE LICENSED ATHLETIC TRAINER MAY BE 5
UNABLE TO PRACTICE A THLETIC TRAINING WIT H REASONABLE SKILL A ND SAFETY 6
BECAUSE OF A PHYSICA L OR MENTAL CONDITIO N OR P ROFESSIONAL 7
INCOMPETENCE ; OR 8
4. BECAUSE THE LICENSED ATHLETIC TRAINER MAY 9
HAVE HARMED OR PLACE D ONE OR MORE PATIEN TS OR THE PUBLIC AT 10
UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 11
IMMEDIATE OR CONTINU ING DANGER. 12
(2) A REPORT REQUI RED UNDER PARAGRAPH (1) OF THIS 13
SUBSECTION SHALL INC LUDE: 14
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 15
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 16
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 17
ANY, THAT INFORMED THE EMPLOYER’S ACTION; AND 18
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 19
CONDUCT OF THE LICEN SEE. 20
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 21
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 22
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLO YER. 23
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 24
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 25
PROVIDE THE ADDITION AL INFORMATION . 26
(B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 27
SYSTEM, OR IF AN EMPLOYER THAT HAS REASON TO K NOW THAT KNOWS THAT THE 28
CONDUCT OF A LICENSED ATHLETIC TRAINER HAS COMMITTED AN ACT ION OR HAS 29
A CONDITION THAT MIG HT BE GROUNDS FOR REPRIMAN D OR PROBATION OF TH E 30
LICENSED ATHLETIC TR AINER OR SUSPENSION OR REV OCATION OF THE L ICENSE 31
REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT UNDER SUBSECTION (A)(1) OF 32
THIS SECTION BECAUSE THE LICENSED ATHLETIC TRAINER IS ALCOHOL–IMPAIRED 33 SENATE BILL 423 65
OR DRUG–IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER SUBSTANCE , THE 1
EMPLOYER IS NOT REQUIRED TO R EPORT THE LICENSED ATHLETIC TRAINER TO THE 2
BOARD IF: 3
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 4
SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED ATHLETI C TRAINER IS: 5
(I) IN AN ALCOHOL OR DRUG SUBSTANCE USE DISORD ER 6
TREATMENT PROGRAM TH AT IS ACCREDITED BY THE JOINT COMMISSION OR IS 7
CERTIFIED BY THE DEPARTMENT ; OR 8
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 9
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE 10
SUBSTANCE USE DISORD ERS; 11
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 12
SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED ATHLETIC TRAINE R 13
REMAINS IN THE TREAT MENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; AND 14
(3) THE ACTION OR CONDITI ON OF THE LICENSED A THLETIC 15
TRAINER HAS NOT CAUS ED INJURY TO ANY PER SON WHILE THE PRACTITIONER 16
LICENSED ATHLETIC TR AINER IS PRACTICING AS A L ICENSED ATHLETIC TRA INER. 17
(C) (1) IF THE LICENSED ATHLE TIC TRAINER ENTERS O R IS 18
CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 19
ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 20
DEPARTMENT , THE LICENSED ATHLETI C TRAINER SHALL NOTI FY THE HOSPITAL , 21
RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER WITHIN 15 22
DAYS AFTER THE LICEN SED ATHLETIC TRAINER ’S DECISION TO ENTER THE 23
TREATMENT PROGRAM . 24
(2) IF THE LICENSED ATHLE TIC TRAINER FAILS TO PROVIDE THE 25
NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION , AND THE 26
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 27
LEARNS THAT THE LICE NSED ATHLETIC TRAINE R HAS ENTERED A TREA TMENT 28
PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 29
OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED ATHLETIC 30
TRAINER HAS ENTERED A TREATMENT PROGRAM AND HAS FAILED TO PR OVIDE THE 31
REQUIRED NOTICE . 32
(3) IF THE TREATMENT PROG RAM FINDS THAT THE LICEN SED 33
ATHLETIC TRAINER IS NONCOMPLIANT WITH TH E TREATMENT PROGRAM ’S 34
POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 35
PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 36 66 SENATE BILL 423
HEALTH SYSTEM , OR EMPLOYER OF TH E LICENSED ATHLETIC TRAINER’S 1
NONCOMPLIANCE . 2
(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 3
THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 4
SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICENSED AT HLETIC TRAINER IS 5
NONCOMPLIANT WITH TH E SUBSTANCE USE DISO RDER TREATMENT PROGR AM, THE 6
EMPLOYER OF THE LICE NSED ATHLETIC TRAINE R SHALL REPORT THE L ICENSED 7
ATHLETIC TRAINER ’S NONCOMPLIANCE TO T HE BOARD. 8
(D) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 9
FOR GOOD CAUSE SHOWN . 10
(D) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 11
REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 12
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 13
SUBSTANCE USE DISORD ER PATIENT RECOR DS. 14
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 15
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 16
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 17
REQUIRED BY THIS SEC TION. 18
(E) (G) A HOSPITAL, A RELATED INSTITUTION, AN ALTERNATIVE HEALT H 19
SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 20
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 21
REQUIRING THE REPORT . 22
(F) (H) A REPORT MADE UNDER TH IS SECTION IS PRIVILEGED, NOT 23
SUBJECT TO INSPECTIO N UNDER THE PUBLIC INFORMATION ACT, AND NOT 24
SUBJECT TO SUBPOENA OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A 25
PROCEEDING ARISING O UT OF A HEARING AND DECISION OF THE BOARD OR A 26
DISCIPLINARY PANEL U NDER THIS TITLE. 27
(G) (I) (1) A DISCIPLINARY PANEL MAY IMPOSE A CIVIL PENAL TY OF 28
UP TO $5,000 FOR FAILURE KNOWINGLY FAILING TO REPORT UNDER THIS SECTION. 29
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 30
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 31
(3) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 32
SUBSECTION INTO THE GENERAL FUND OF THE STATE. 33
SENATE BILL 423 67
14–5D–12.1. 1
(a) A licensee shall notify the Board in writing of a change in name or address 2
within [60] 10 30 days after the change. 3
14–5D–14. 4
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 5
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 6
license to any applicant, reprimand any licensee, place any licensee on probation, or 7
suspend or revoke a license, if the applicant or licensee: 8
(3) Is guilty of [unprofessional or immoral]: 9
(I) IMMORAL conduct in the practice of athletic training; OR 10
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 11
ATHLETIC TRAINING ; 12
(4) Is [professionally, physically, or mentally]: 13
(I) PROFESSIONALLY INCOMP ETENT; 14
(II) PHYSICALLY INCOMPETEN T; OR 15
(III) MENTALLY incompetent; 16
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 17
athletic training; 18
(15) [Knowingly] WILLFULLY practices athletic training with an 19
unauthorized individual or aids an unauthorized individual in the practice of athletic 20
trainer services; 21
(19) [Knowingly] WILLFULLY submits false statements to collect fees for 22
which services have not been provided; 23
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 24
violation of § 5–704 of the Family Law Article; 25
14–5E–05. 26
There is a Perfusion Advisory Committee within the Board. 27
14–5E–06. 28
68 SENATE BILL 423
(a) The Committee consists of seven members, appointed by the Board as follows: 1
(1) [(i) On or before September 30, 2013, three individuals who practice 2
perfusion and who: 3
1. Are certified by a national certifying board; and 4
2. Have a minimum of 2 years experience; and 5
(ii) On or after October 1, 2013, three ] THREE licensed 6
perfusionists; 7
(2) Three LICENSED physicians, at least one of whom performs cardiac or 8
cardio–thoracic surgery or is a cardiac anesthesiologist; and 9
(3) One consumer member. 10
(B) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST BE 11
IN GOOD STANDING WIT H THE BOARD. 12
[(b)] (C) The consumer member of the Committee: 13
(1) [Shall] MUST be a member of the general public; 14
(2) May not [practice or ever have practiced perfusion or any health care 15
profession; 16
(3) May not be or ever have been in training to practice perfusion or any 17
other health care profession; 18
(4) May not have a household member who is a health care professional or 19
is in training to be a health care professional] BE OR EVER HAVE BEEN : 20
(I) A PERFUSIONIST ; 21
(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 22
(III) IN TRAINING TO BE A P ERFUSIONIST OR OTHER HEALTH 23
PROFESSIONAL ; and 24
[(5)] (3) May not: 25
(i) Participate or ever have participated in a commercial or 26
professional field related to perfusion; 27
SENATE BILL 423 69
(ii) Have a household member who participates in a commercial or 1
professional field related to perfusion; 2
(iii) Have had within 2 years before appointment a financial interest 3
in a person regulated by the Board; or 4
(iv) Have had within 2 years before appointment a financial interest 5
in the provision of goods or services to perfusionists or to the field of perfusion. 6
(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 7
STATE. 8
[(c)] (E) (1) The term of a member is 3 years. 9
(2) The terms of members are staggered as required by [the terms provided 10
for members of the Committee on October 1, 2012] REGULATION . 11
(3) At the end of a term, a member continues to serve until a successor is 12
appointed and qualifies. 13
(4) A member who is appointed after a term has begun serves only for the 14
rest of the term and until a successor is appointed and qualifies. 15
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 16
TERMS. 17
[(d)] (F) (1) From among its members, the Committee shall elect a chair 18
every 2 years. 19
(2) The chair shall serve in an advisory capacity to the Board as a 20
representative of the Committee. 21
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 22
14–5E–07. 23
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 24
shall: 25
(1) SHALL: 26
(1) (I) Develop and recommend to the Board: 27
(i) 1. Regulations to carry out [the provisions of] this subtitle; 28
AND 29
70 SENATE BILL 423
(ii) 2. [A code of ethics for the practice of perfusion for adoption 1
by the Board; 2
(iii) Recommendations concerning the practice of perfusion, including 3
standards of care for the practice of perfusion; and 4
(iv) Continuing education requirements for license renewal] ANY 5
STATUTORY CHANGES TH AT AFFECT THE PROFESSION ; AND 6
(2) (II) Keep a record of its [proceedings] MEETINGS; and 7
(3) [Submit an annual report to the Board] ON REQUEST OF THE BOARD 8
OR A DISCIPLINARY PA NEL OF THE BOARD: 9
(2) MAY: 10
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRACTICE 11
OF PERFUSION ; AND 12
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 13
PERFUSIONISTS . 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
14–5E–08. 19
(b) This section does not apply to [a]: 20
(1) A student enrolled in an education program under § 14–5E–09(c)(2) of 21
this subtitle while practicing perfusion in that program; OR 22
(2) A PERFUSIONIST EMPLOYE D IN THE SER VICE OF THE FEDERAL 23
GOVERNMENT WHILE PRA CTICING WITHIN THE S COPE OF THE EMPLOYME NT. 24
14–5E–14. 25
(a) (1) A [licensed perfusionist] LICENSEE shall notify the Board in writing of 26
a change in name or address within [60] 10 30 days after the change. 27
14–5E–16. 28 SENATE BILL 423 71
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 1
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 2
license to any applicant, reprimand any licensee, place any licensee on probation, or 3
suspend or revoke a license, if the applicant or licensee: 4
(3) Is guilty of [unprofessional or immoral]: 5
(I) IMMORAL conduct in the practice of perfusion; OR 6
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 7
PERFUSION; 8
(4) Is [professionally, physically, or mentally]: 9
(I) PROFESSIONALLY INCOMP ETENT; 10
(II) PHYSICALLY INCOMPETEN T; OR 11
(III) MENTALLY incompetent; 12
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 13
perfusion; 14
(15) [Knowingly] WILLFULLY practices perfusion with an unauthorized 15
individual or aids an unauthorized individual in the practice of perfusion; 16
(16) [Knowingly] WILLFULLY delegates a perfusion duty to an unlicensed 17
individual; 18
(20) [Knowingly] WILLFULLY submits false statements to collect fees for 19
which services are not provided; 20
(22) [Knowingly] WILLFULLY fails to report suspected child abuse in 21
violation of § 5–704 of the Family Law Article; 22
14–5E–18. 23
(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 24
related institutions, alternative health systems as defined in § 1–401 of this article, and 25
employers] EACH EMPLOYER OF A L ICENSED PERFUSIONIST shall [file with] SUBMIT 26
TO the Board a report [that the hospital, related institution, alternative health system, or 27
employer limited, reduced, otherwise changed, or terminated any licensed perfusionist for 28
any reason] IF: 29
72 SENATE BILL 423
(I) THE EMPLOYER : 1
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 2
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED PERFUSIONIS T’S 3
CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 4
PATIENTS; 5
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 6
LICENSEE’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 7
3. ASKED THE LICENSEE TO VOLUNTARILY RESIGN 8
BECAUSE OF THE LICEN SED PERFUSIONIST ’S CONDUCT OR WHILE T HE LICENSEE IS 9
BEING INVESTIGATED ; AND 10
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 11
PARAGRAPH WAS TAKEN : 12
1. FOR REASONS that might be grounds for disciplinary 13
action under § 14–5E–16 of this subtitle; 14
2. BECAUSE THE LICENSED PERFUSIONIST MAY HAV E 15
ENGAGED IN AN ACT TH AT MAY CONSTITUTE UN PROFESSIONAL CONDUCT ; 16
3. BECAUSE THE LICENSED PERFUSIONIST MAY BE 17
UNABLE TO PRACTICE P ERFUSION W ITH REASONABLE SKILL AND SAFETY BECAUSE 18
OF A PHYSICAL OR MEN TAL CONDITION OR PRO FESSIONAL INCOMPETEN CE; OR 19
4. BECAUSE THE LICENSED PERFUSIONIST MAY HAV E 20
HARMED OR PLACED ONE OR MORE PATIENTS OR THE PUBLIC AT UNREAS ONABLE 21
RISK OF HARM BY ENGA GING IN AN ACT THAT CREATES AN IMMEDIATE OR 22
CONTINUING DANGER . 23
(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 24
SUBSECTION SHALL INC LUDE: 25
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 26
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 27
ACTION, INCLUDING REFERENCES TO SPECIF IC PATIENT MEDICAL R ECORDS, IF 28
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 29
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 30
CONDUCT OF THE LICEN SED PERFUSIONIST . 31
SENATE BILL 423 73
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
ADDITIONAL INFORMATION REGARD ING AN ACTION DESCRI BED IN PARAGRAPH (1) 2
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
PROVIDE THE ADDITION AL INFORMATION. 6
(b) [A hospital, related institution, alternative health system, or] IF AN employer 7
[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed perfusionist 8
[has committed an act or has a condition that might be grounds for reprimand or probation 9
of the licensed perfusionist or suspension or revocation of the license] REQUIRES THAT 10
THE EMPLOYER SUBMIT A REPORT UNDER SUBSE CTION (A)(1) OF THIS SECTION 11
because the licensed perfusionist is [alcohol–impaired or drug–impaired] IMPAIRED BY 12
ALCOHOL OR ANOTHER SUBST ANCE, THE EMPLOYER is not required to report the 13
licensed perfusionist to the Board if: 14
(1) The [hospital, related institution, alternative health system, or] 15
employer knows that the licensed perfusionist is: 16
(i) In [an alcohol or drug] A SUBSTANCE USE DISO RDER treatment 17
program that is accredited by [the] THE Joint Commission [or its successor], or is certified 18
by the Department; or 19
(ii) Under the care of a health care practitioner who is competent 20
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 21
and 22
(2) (i) The [hospital, related institution, alternative health system, or] 23
employer is able to verify that the licensed perfusionist remains in the treatment program 24
until SUCCESSFUL discharge; and 25
(ii) The action or condition of the licensed perfusionist has not 26
caused injury to any person while the perfusionist is practicing as a licensed perfusionist. 27
(c) (1) If the licensed perfusionist enters, or is considering entering, an alcohol 28
or drug treatment program that is accredited by [the] THE Joint Commission [on 29
Accreditation of Healthcare Organizations] or that is certified by the Department, the 30
licensed perfusionist shall notify the hospital, related institution, alternative health 31
system, or employer [of] WITHIN 15 DAYS AFTER the licensed perfusionist’s decision to 32
enter the treatment program. 33
[(2) If the licensed perfusionist fails to provide the notice required under 34
paragraph (1) of this subsection, and the hospital, related institution, alternative health 35
system, or employer learns that the licensed perfusionist has entered a treatment program, 36 74 SENATE BILL 423
the hospital, related institution, alternative health system, or employer shall report to the 1
Board that the licensed perfusionist has entered a treatment program and has failed to 2
provide the required notice. 3
(3) If the licensed perfusionist is found to be noncompliant with the 4
treatment program’s policies and procedures while in the treatment program, the 5
treatment program shall notify the hospital, related institution, alternative health system, 6
or employer of the licensed perfusionist’s noncompliance. 7
(4) On receipt of the notification required under paragraph (3) of this 8
subsection, the hospital, related institution, alternative health system, or] IF THE 9
EMPLOYER KNOWS THAT THE LICENSED PERFUSI ONIST IS NONCOMPLIAN T WITH 10
THE SUBSTANCE USE DI SORDER PROGRAM, THE employer of the licensed perfusionist 11
shall report the licensed perfusionist’s noncompliance to the Board. 12
(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 13
FOR GOOD CAUSE SHOWN . 14
(2) A person is not required under this section to make any report that 15
would be in violation of any federal or State law, rule, or regulation concerning the 16
confidentiality of [alcohol– and drug abuse–related] SUBSTANCE USE DISORD ER patient 17
records. 18
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 19
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 20
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 21
REQUIRED BY THIS SEC TION. 22
[(e)] (G) [The hospital, related institution, alternative health system, or] AN 23
employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 24
submit the report within 10 days [of any] AFTER THE action [described in this section] 25
REQUIRING THE REPORT . 26
[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 27
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 28
discovery in any civil action other than a proceeding arising out of a hearing and decision 29
of the Board or a disciplinary panel under this title. 30
(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 31
for failure KNOWINGLY FAILING to report under this section. 32
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 33
$5,000 PER INCIDENT FOR A REPORT M ADE BY AN EMPLOYER I N BAD FAITH. 34
SENATE BILL 423 75
(3) The Board shall remit any penalty collected under this subsection into 1
the General Fund of the State. 2
14–5E–22.1. 3
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 4
PHYSICIAN MAY NO T EMPLOY OR SUPERVIS E AN INDIVIDUAL PRAC TICING 5
PERFUSION WITHOUT A LICENSE. 6
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 7
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 8
NOT EMPLOY AN INDIVI DUAL TO PRACTICE PER FUSION WITHOUT A LIC ENSE. 9
(C) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 10
FOR A VIOLATION OF T HIS SECTION. 11
(D) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 12
SECTION INTO THE GENERAL FUND OF THE STATE. 13
14–5F–06. 14
There is a Naturopathic Medicine Advisory Committee within the Board. 15
14–5F–07. 16
(a) (1) The Committee consists of five members appointed by the Board as 17
follows: 18
(i) Two shall be [individuals who practice naturopathic medicine 19
and who: 20
1. On or after October 1, 2014: 21
A. Are certified by the North American Board of 22
Naturopathic Examiners; and 23
B. Have a minimum of 2 years experience; and 24
2. On or after March 1, 2016, are] licensed naturopathic 25
doctors; 26
(ii) One shall be a [practicing] licensed physician; 27
(iii) One shall be a [practicing] licensed physician with experience 28
working with naturopathic doctors; and 29
76 SENATE BILL 423
(iv) One shall be a consumer member. 1
(2) The Board shall appoint the naturopathic doctor members from a list of 2
names submitted by the Maryland Association of Naturopathic Physicians. 3
(b) Each [naturopathic doctor member of the Committee shall be: 4
(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 5
BE IN good standing with the Board[; and 6
(2) A resident of the State who has been engaged actively in the practice or 7
instruction of naturopathic medicine for at least 5 years immediately before appointment]. 8
[(c) The physician members of the Committee shall be in good standing with the 9
Board.] 10
[(d)] (C) The consumer member of the Committee: 11
(1) [Shall] MUST be a [resident of the State and a] member of the general 12
public; 13
(2) May not be or ever have been [licensed to practice a health occupation 14
under this article]: 15
(I) A LICENSED NATUROPATHI C DOCTOR; 16
(II) ANY OTHER HEALTH CARE PROFESSIONAL ; OR 17
(III) IN TRAINING TO BE A N ATUROPATHIC DOCTOR O R OTHER 18
HEALTH PROFESSIONAL ; and 19
(3) May not [have a substantial personal, business, professional, or 20
pecuniary connection with naturopathic education, business, or practice.]: 21
(I) PARTICIPATE OR EVER H AVE PARTICIPATED IN A 22
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 23
(II) HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN A 24
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO NATUROPATHIC MEDI CINE; 25
(III) 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 77
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 1
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO 2
NATUROPATHIC DOCTORS OR TO THE FIELD OF N ATUROPATHIC MEDICINE . 3
(D) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 4
STATE. 5
(e) (1) The term of a member is [4] 3 years. 6
(2) The terms of members are staggered as required by [the terms provided 7
for members of the Committee on October 1, 2014] REGULATION . 8
(3) At the end of a term, a member continues to serve until a successor is 9
appointed and qualifies. 10
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 11
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 12
QUALIFIES. 13
[(4)] (5) A member may not serve more than two consecutive full terms. 14
(f) From among its members, the Committee shall elect a chair every 2 years. 15
(G) A QUORUM OF THE COMMITTEE CONSISTS OF THREE MEMBERS . 16
14–5F–08. 17
In addition to the powers set forth elsewhere in this subtitle, the Committee shall: 18
(1) SHALL: 19
(1) (I) Develop and recommend to the Board [regulations]: 20
(I) 1. REGULATIONS to carry out this subtitle; AND 21
(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 22
PROFESSION; AND 23
(2) (II) [Develop and recommend to the Board procedures for the 24
issuance of licenses to applicants who qualify for licensure by reciprocity; 25
(3) Evaluate the content of any clinical, practical, or residency requirement 26
for licensure; 27
78 SENATE BILL 423
(4) Provide any service and perform any function that is necessary to fulfill 1
its purposes; 2
(5) Develop and recommend to the Board examination standards, 3
consistent with the standards enumerated in this subtitle, for licensure and times at which 4
the examinations will be given; 5
(6) Develop and recommend to the Board a code of ethics for licensed 6
naturopathic doctors; and 7
(7) Develop and recommend to the Board continuing education 8
requirements for license renewal] KEEP A RECORD OF ITS MEETINGS; AND 9
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL OF THE 10
BOARD: 11
(2) MAY: 12
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRACTICE 13
OF NATUROPATHIC MEDI CINE; AND 14
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 15
NATUROPATHIC DOCTORS . 16
14–5F–10. 17
(b) This section does not apply to: 18
(1) [An individual] A NATUROPATHIC DOCTOR who is employed [by the 19
United States] IN THE SERVICE OF TH E FEDERAL government [to practice naturopathic 20
medicine] while practicing within the scope of [that] THE employment; 21
14–5F–12. 22
To apply for a license, an applicant shall: 23
(1) Complete a criminal history records check in accordance with § 24
14–308.1 of this title; 25
(2) Submit an application to the Board on a form that the Board requires; 26
(3) Pay to the Board an application fee set by the Board; AND 27
(4) If the applicant has been licensed, certified, or registered to practice 28
naturopathic medicine in another state, submit all evidence relating to: 29
SENATE BILL 423 79
(i) Any disciplinary action taken or any administrative penalties 1
assessed against the applicant by the appropriate state licensing, certification, or 2
registration authority; and 3
(ii) Any consent agreements the applicant entered into that contain 4
conditions placed on the applicant’s professional conduct and practice, including any 5
voluntary surrender of a license[; 6
(5) Complete and submit to the Board a Board –approved written 7
attestation that: 8
(i) States that the applicant has a collaboration and consultation 9
agreement with a physician licensed under this article; 10
(ii) Includes the name and license number of the physician with 11
whom the applicant has a collaboration and consultation agreement; 12
(iii) States that the applicant will refer patients to and consult with 13
physicians and other health care providers licensed or certified under this article as needed; 14
and 15
(iv) States that the applicant will require patients to sign a consent 16
form that states that the applicant’s practice of naturopathic medicine is limited to the 17
scope of practice identified in § 14–5F–14 of this subtitle; and 18
(6) Inform the physician named in the attestation that the physician has 19
been named]. 20
14–5F–12.1. 21
(A) TO PRACTICE NATUROPAT HIC MEDICINE IN THE STATE, A 22
NATUROPATHIC DOCTOR SHALL MAINTAIN AT AL L TIMES A COLLABORAT ION AND 23
CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN THE STATE. 24
(B) BEFORE AN INDIVIDUAL MAY PRACTICE NATUROP ATHIC MEDICINE IN 25
THE STATE, THE INDIVIDUAL SHALL : 26
(1) OBTAIN A LICENSE UNDE R THIS SUBTITLE; 27
(2) ENTER INTO A COLLABOR ATION AND CONSULTATI ON 28
AGREEMENT WITH A PHY SICIAN LICENSED IN T HE STATE; AND 29
(3) ATTEST TO THE COMPLET ION OF THE COLLABORA TION AND 30
CONSULTATION AGREEME NT ON A FORM PROVIDE D BY THE BOARD. 31
(C) A COLLABORATION AND CO NSULTATION AGREEMENT SHALL: 32 80 SENATE BILL 423
(1) STATE THAT THE APPLIC ANT HAS A COLLABORAT ION AND 1
CONSULTATION AGREEME NT WITH A PHYSICIAN LICENSED IN T HE STATE; 2
(2) INCLUDE THE NAME AND LICENSE NUMBER OF TH E PHYSICIAN 3
WITH WHOM THE APPLIC ANT HAS A COLLABORAT ION AND CONSULTATION 4
AGREEMENT ; 5
(3) STATE THAT THE APPLIC ANT WILL REFER PATIE NTS TO AND 6
CONSULT WITH PHYSICI ANS AND OTHER H EALTH CARE PROVIDERS LICENSED OR 7
CERTIFIED UNDER THIS ARTICLE AS NEEDED ; AND 8
(4) STATES THAT THE APPLI CANT WILL REQUIRE PA TIENTS TO SIGN 9
A CONSENT FORM THAT STATES THAT THE APPL ICANT’S PRACTICE OF 10
NATUROPATHIC MEDICIN E IS LIMITED TO THE SCOPE OF PRACTIC E ESTABLISHED IN 11
§ 14–5F–14 OF THIS SUBTITLE. 12
(D) A NATUROPATHIC DOCTOR SHALL INFORM THE PHY SICIAN NAMED IN 13
THE COLLABORATION AN D CONSULTATION AGREE MENT THAT THE PHYSIC IAN HAS 14
BEEN NAMED . 15
(E) SUBJECT TO THE NOTICE REQUIRED UNDER § 14–5F–12.2 OF THIS 16
SUBTITLE, A NATUROPATHIC DOCTO R AND A LICENSED PHY SICIAN MAY TERMINATE 17
A COLLABORATION AND CONSULTATION AGREEME NT AT ANY TIME. 18
(F) IN THE EVENT OF THE S UDDEN DEPARTURE , INCAPACITY, OR DEATH OF 19
THE NAMED LICENSED P HYSICIAN OR CHANGE I N LICENSE STATUS THA T RESULTS 20
IN THE NAMED LICENSE D PHYSICIAN BEING UN ABLE TO PRACTICE MED ICINE, THE 21
NATUROPATHIC DOCTOR MAY NOT PRACTICE IN THE STATE UNTIL THE 22
NATUROPATHIC DOCTOR ENTERS INTO A NEW CO LLABORATION AND CONS ULTATION 23
AGREEMENT . 24
(G) A NATUROPATHIC DOCTOR WHOSE C OLLABORATION AND 25
CONSULTATION AGREEME NT IS TERMINATED MAY NOT PRACTICE NATUROP ATHIC 26
MEDICINE IN THE STATE. 27
14–5F–12.2. 28
(A) A PHYSICIAN OR AN EMPL OYER SHALL NOTIFY TH E BOARD WITHIN 10 29
DAYS AFTER THE TERMI NATION OF A NATUROPA THIC DOCTOR FOR REAS ONS THAT 30
WOULD BE GROUNDS FOR DISCIPLINE UNDER THI S SUBTITLE. 31
(B) A PHYSICIAN NAMED IN A COLLABORATION AND CO NSULTATION 32
AGREEMENT WITH A NAT UROPATHIC DOCTOR AND A NATUROPATHIC DOCTO R 33 SENATE BILL 423 81
SHALL NOTIFY THE BOARD WITHIN 10 DAYS AFTER THE TERMI NATION OF A 1
COLLABORATION AN D CONSULTATION AGREE MENT. 2
14–5F–15.1. 3
(a) A licensee shall notify the Board in writing of a change in name or address 4
within [60] 10 30 days after the change. 5
14–5F–18. 6
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 7
on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a 8
license to any applicant, reprimand any licensee, place any licensee on probation, or 9
suspend or revoke a license of any licensee if the applicant or licensee: 10
(2) [Has been found to be mentally] IS: 11
(I) PROFESSIONALLY incompetent [by a physician if the mental 12
incompetence impairs the ability of the applicant or licensee to undertake the practice of 13
naturopathic medicine in a manner consistent with the safety of the public]; 14
(II) PHYSICALLY INCOMPETEN T; OR 15
(III) MENTALLY INCOMPETENT ; 16
(19) Is guilty of [unprofessional or immoral]: 17
(I) IMMORAL conduct in the practice of naturopathic medicine; OR 18
(II) UNPROFESSIONAL CONDUC T IN THE PRACTICE OF 19
NATUROPATHIC MEDICIN E; 20
(21) [Knowingly] WILLFULLY fails to report suspected child abuse in 21
violation of § 5–704 of the Family Law Article; 22
14–5F–19. 23
(a) [This section applies to: 24
(1) A licensed naturopathic doctor; 25
(2) A licensed health care practitioner; 26
(3) A health care facility, as defined in § 19–114 of the Health – General 27
Article, located in the State; and 28
82 SENATE BILL 423
(4) A State agency. 1
(b) A person listed in subsection (a) of this section shall file a written report with 2
the Board if the person has information that gives the person reason to believe that a 3
licensed naturopathic doctor is or may be: 4
(1) Medically or legally incompetent; 5
(2) Engaged in the unauthorized practice of naturopathic medicine; 6
(3) Guilty of unprofessional conduct; or 7
(4) Mentally or physically unable to engage safely in the practice of 8
naturopathic medicine. 9
(c) A person required to file a report under subsection (b) of this section shall file 10
the report within 30 days after becoming aware of the information. 11
(d)] A [health care facility shall report promptly to the Board] HOSPITAL, A 12
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, AND AN EMPLOYER 13
SHALL SUBMIT TO THE BOARD A REPORT if: 14
(1) A licensed naturopathic doctor voluntarily resigns from the staff of the 15
[health care facility] HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 16
SYSTEM, OR EMPLOYER , voluntarily limits the licensee’s staff privileges, or fails to 17
reapply for [hospital] privileges at the [health care facility] HOSPITAL, RELATED 18
INSTITUTION, ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER ; and 19
(2) The action of the licensee occurs while the licensee is under formal or 20
informal investigation by the [health care facility] HOSPITAL, RELATED INSTITUTION , 21
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER for possible medical incompetence, 22
unprofessional conduct, or mental or physical impairment. 23
(B) (A) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (C) (B) AND (E) (D) 24
OF THIS SECTION, EACH HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 25
SYSTEM, AND EMPLOYER OF A LICENSED NATURO PATHIC DOCTOR SHALL FILE WITH 26
SUBMIT TO THE BOARD A REPORT THAT THE HOSPITAL, RELATED INSTITUTION, 27
ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER LIMITED , REDUCED, OTHERWISE 28
CHANGED, OR TERMINATED ANY LI CENSED NATUROPATHIC DOCTOR FOR ANY 29
REASON IF: 30
(I) THE EMPLOYER : 31
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 32
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED NATUROPATHI C 33 SENATE BILL 423 83
DOCTOR’S CLINICAL PRIVILEGE S, EMPLOYMENT , OR OTHER ABILITY TO PRACTICE 1
OR TREAT PATIENTS ; 2
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 3
LICENSED NATUROPATHI C DOCTOR’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 4
3. ASKED THE LICENSEE TO VOLUNTARILY RESIGN 5
BECAUSE OF THE LICEN SED NATUROPATHIC DOC TOR’S CONDUCT OR WHILE T HE 6
LICENSEE IS BEING IN VESTIGATED; AND 7
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 8
PARAGRAPH WAS TAKEN : 9
1. FOR REASONS THAT MIGHT BE GROUND S FOR 10
DISCIPLINARY ACTION UNDER § 14–5F–18 OF THIS SUBTITLE; 11
2. BECAUSE THE LICENSED NATUROPATHIC DOCTOR 12
MAY HAVE ENGAGED IN AN ACT THAT MAY CONSTITUTE UNPROFESSIONAL 13
CONDUCT; 14
3. BECAUSE THE LICENSED NATUROPATHIC DOCTOR 15
MAY BE UNABLE TO PRA CTICE NATUROPATHY WI TH REASONABLE SKILL AND 16
SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 17
INCOMPETENCE ; OR 18
4. BECAUSE THE LICENSED NATUROPA THIC DOCTOR 19
MAY HAVE HARMED OR P LACED ONE OR MORE PA TIENTS OR THE PUBLIC AT 20
UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 21
IMMEDIATE OR CONTINU ING DANGER. 22
(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 23
SUBSECTION SHALL INCLUDE : 24
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 25
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 26
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 27
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 28
(III) THE STEPS TAKEN BY THE EMPLOYER TO INVE STIGATE THE 29
CONDUCT OF THE LICEN SED NATUROPATHIC DOC TOR. 30
84 SENATE BILL 423
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
PROVIDE THE ADDITION AL INFORMATION . 6
(C) (B) A HOSPITAL, A RELATED INSTITUTIO N, AN ALTERNATIVE HEALT H 7
SYSTEM, OR AN IF AN EMPLOYER THAT HAS REAS ON TO KNOW THAT KNOWS THAT 8
THE CONDUCT OF A LICENSED NATUROPAT HIC DOCTOR HAS COMMITTED AN ACT ION 9
OR HAS A CONDITION T HAT MIGHT BE GROUNDS FOR REPRIMAND OR PROBATI ON OF 10
THE LICENSED NATUROPATHIC DOCTOR OR SUSPENSION OR REV OCATION OF THE 11
LICENSE REQUIRES THA T THE EMPLOYER SUBMI T A REPORT UNDER SUB SECTION 12
(A)(1) OF THIS SECTION BECAUSE THE LICENSED NATUROPATHIC DOCTOR IS 13
ALCOHOL–IMPAIRED OR DRUG –IMPAIRED IMPAIRED BY ALCOHOL OR ANOTHER 14
SUBSTANCE, THE EMPLOYER IS NOT REQUIRED TO R EPORT THE NATUROPATH IC 15
DOCTOR TO THE BOARD IF: 16
(1) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 17
SYSTEM, OR EMPLOYER KNOWS THAT THE LICENSED NATUROP ATHIC DOCTOR IS : 18
(I) IN AN ALCOHOL OR DRUG SUBSTANCE USE DISORD ER 19
TREATMENT PROGRAM TH AT IS ACCREDITED BY THE JOINT COMMISSION OR IS 20
CERTIFIED BY THE DEPARTMENT ; OR 21
(II) UNDER THE CARE OF A H EALTH CARE PRACTITIO NER WHO 22
IS COMPETENT AND CAP ABLE OF DEALING WITH ALCOHOLISM AND DRUG ABUSE 23
SUBSTANCE USE DISORD ERS; 24
(2) THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH 25
SYSTEM, OR EMPLOYER IS ABLE TO VERIFY THAT THE LICE NSED NATUROPATHIC 26
DOCTOR REMAINS IN TH E TREATMENT PROGRAM UNTIL SUCCESSFUL DISCHARGE; 27
AND 28
(3) THE ACTION OR CONDITI ON OF THE LICENSED N ATUROPATHIC 29
DOCTOR HAS NOT CAUSE D INJURY TO ANY PERS ON WHILE THE PRACTITIONER 30
NATUROPATHIC DOCTOR IS PRACTICING AS A L ICENSED NATUROPATHIC DOCTOR. 31
(D) (C) (1) IF THE LICENSED NATUR OPATHIC DOCTOR ENTER S OR IS 32
CONSIDERING ENTERING AN ALCOHOL OR DRUG T REATMENT PROGRAM THA T IS 33
ACCREDITED BY THE JOINT COMMISSION OR THAT IS CERTIFIED BY THE 34
DEPARTMENT , THE LICENSED NATUROP ATHIC DOCTOR SHALL N OTIFY THE 35
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 36 SENATE BILL 423 85
WITHIN 15 DAYS AFTER THE LICEN SED NATUROPATHIC DOC TOR’S DECISION TO 1
ENTER THE TREATMENT PROGRAM. 2
(2) IF THE LICENSED NATUROPA THIC DOCTOR FAILS TO PROVIDE 3
THE NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND THE 4
HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, OR EMPLOYER 5
LEARNS THAT THE LICE NSED NATUROPATHIC DO CTOR HAS ENTERED A T REATMENT 6
PROGRAM, THE HOSPITAL, RELATED INSTITUTION , ALTERNATIVE HEALTH S YSTEM, 7
OR EMPLOYER SHALL RE PORT TO THE BOARD THAT THE LICENS ED NATUROPATHIC 8
DOCTOR HAS ENTERED A TREATMENT PROGRAM AN D HAS FAILED TO PROV IDE THE 9
REQUIRED NOTICE . 10
(3) IF THE TREATMENT PROG RAM FINDS THAT THE LIC ENSED 11
NATUROPATHIC DOCTOR IS NONCOMPLIANT WITH THE TREATMENT PROGRA M’S 12
POLICIES AND PROCEDU RES WHILE IN THE TRE ATMENT PROGRAM , THE TREATMENT 13
PROGRAM SHALL NOTIFY THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE 14
HEALTH SYSTEM , OR EMPLOYER OF THE LICENSED NATU ROPATHIC DOCTOR ’S 15
NONCOMPLIANCE . 16
(4) ON RECEIPT OF A NOTIF ICATION MADE UNDER P ARAGRAPH (3) OF 17
THIS SUBSECTION , THE HOSPITAL , RELATED INSTITUTION , ALTERNATIVE HEALTH 18
SYSTEM, OR IF THE EMPLOYER KNOWS THAT THE LICENSED PH YSICIAN IS 19
NONCOMPLIANT WITH THE SU BSTANCE USE DISORDER TREATMENT PROGRAMS , 20
THE EMPLOYER OF THE LICE NSED NATUROPATHIC DO CTOR SHALL REPORT TH E 21
LICENSED NATUROPATHI C DOCTOR’S NONCOMPLIANCE TO T HE BOARD. 22
(D) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS SECTION 23
FOR GOOD CAUSE SHOWN . 24
(E) (2) A PERSON IS NOT REQUIR ED UNDER THIS SECTIO N TO MAKE ANY 25
REPORT THAT WOULD BE IN VIOLATION OF ANY FEDERAL OR STATE LAW, RULE, OR 26
REGULATION CONCERNIN G THE CONFIDENTIALIT Y OF ALCOHOL AND DRUG ABU SE 27
SUBSTANCE USE DISORD ER PATIENT RECORDS. 28
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 29
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 30
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 31
REQUIRED BY THIS SEC TION. 32
(F) (G) A HOSPITAL, A RELATED INSTITUTION, AN ALTERNATIVE HEALT H 33
SYSTEM, OR AN AN EMPLOYER REQUIRED TO MAKE A REPORT TO THE BOARD UNDER 34
THIS SECTION SHALL S UBMIT THE REPORT WIT HIN 10 DAYS AFTER THE ACTIO N 35
REQUIRING THE REPORT . 36 86 SENATE BILL 423
(G) (H) A REPORT MADE UNDER TH IS SECTION IS PRIVILEGED, NOT 1
SUBJECT TO INSPECTIO N UNDER THE PUBLIC INFORMATION ACT, AND NOT 2
SUBJECT TO SUBPOENA OR DISCOVERY IN ANY CIVIL ACTION OTHER T HAN A 3
PROCEEDING ARISING O UT OF A HEARING AND DECISION OF THE BOARD OR A 4
DISCIPLINARY PANEL U NDER THIS TITLE. 5
(H) (I) (1) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF 6
UP TO $5,000 FOR FAILURE KNOWINGLY FAILING TO REPORT UNDER THIS SECTION. 7
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 8
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 9
(3) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 10
SUBSECTION INTO THE GENERAL FUND OF THE STATE. 11
[14–5F–20. 12
(a) The Board shall investigate any complaint filed with the Board that alleges 13
that there are grounds for action under § 14–5F–18 of this subtitle. 14
(b) After the Board’s investigation, the Board or a disciplinary panel, on the 15
affirmative vote of a majority of its members then serving, may commence action on any of 16
the grounds set forth in § 14–5F–18 of this subtitle. 17
(c) (1) Except as provided in paragraph (2) of this subsection, until the Board 18
or a disciplinary panel passes an order under § 14–5F–22 of this subtitle, each related 19
investigation, report, and recommendation is confidential. 20
(2) On the request of a person who has made a complaint to the Board, the 21
Board shall provide the person with information on the status of the complaint.] 22
14–5F–20. 23
(A) FOLLOWING THE FILING OF CHARGES OR NOTICE OF INITIAL DENIAL OF 24
A LICENSE APPLICATIO N, THE BOARD SHALL DISCLOSE THE FILING TO THE PUBLIC 25
ON THE BOARD’S WEBSITE. 26
(B) THE BOARD SHALL CREATE AN D MAINTAIN A PUBLIC INDIVIDUAL 27
PROFILE ON EACH LICE NSEE THAT INCLUDES T HE FOLLOWING INFORMA TION: 28
(1) A SUMMARY OF CHARGES F ILED AGAINST THE LIC ENSEE, 29
INCLUDING A COPY OF THE CHARGING DOC UMENT, UNTIL A DISCIPLINARY PANEL 30
HAS TAKEN ACTION UND ER § 14–5F–18 OF THIS SUBTITLE BAS ED ON THE CHARGES 31
OR HAS RESCINDED THE CHARGES; 32 SENATE BILL 423 87
(2) A DESCRIPTION OF ANY D ISCIPLINARY ACTION T AKEN BY THE 1
BOARD OR A DISCIPLINA RY PANEL AGAINST THE LICENSEE WITHIN T HE MOST 2
RECENT 10–YEAR PERIOD THAT INC LUDES A COPY OF THE PUBLIC ORDER ; 3
(3) A DESCRIPTION IN SUMMA RY FORM OF ANY FINAL DISCIPLINARY 4
ACTION TAKEN BY A LI CENSING BOARD IN ANY OTHER STATE OR JURIS DICTION 5
AGAINST THE LICENSEE WITHIN THE MOST RECE NT 10–YEAR PERIOD IF THE BOARD 6
KNOWS ABOUT THE DISC IPLINARY ACTION ; 7
(4) A DESCRIPTION OF A CON VICTION OR ENTRY OF A PLEA OF 8
GUILTY OR NOLO CONTE NDERE BY THE LICENSE E FOR A CRIME INVOLV ING MORAL 9
TURPITUDE THAT IS TH E BASIS FOR DISCIPLI NARY ACTION TAKEN UN DER § 10
14–5F–18(C) OF THIS SUBTITLE ; AND 11
(5) THE PUBLIC ADDRESS OF THE LICENSEE. 12
(C) IN ADDITION TO THE IN FORMATION REQUIRED U NDER SUBSECTION (B) 13
OF THIS SECTION , THE BOARD SHALL INCLUDE O N EACH LICENSEE ’S PROFILE A 14
STATEMENT OF INFORMA TION TO BE TAKEN INT O CONSIDERATION BY A C ONSUMER 15
WHEN VIEWING A LICEN SEE’S PROFILE, INCLUDING A DISCLAIM ER STATING THAT A 16
CHARGING DOCUMENT DO ES NOT INDICATE A FI NAL FINDING OF GUILT BY A 17
DISCIPLINARY PANEL . 18
(D) THE BOARD: 19
(1) ON RECEIPT OF A WRITT EN REQUEST FOR A LIC ENSEE’S PROFILE 20
FROM ANY PERSON , SHALL FORWARD A WRIT TEN COPY OF THE PROF ILE TO THE 21
PERSON; AND 22
(2) SHALL MAINTAIN A WEBS ITE THAT SERVES AS A SINGLE POINT OF 23
ENTRY WHERE ALL LICE NSEE PROFILE INFORMA TION IS AVAILABLE TO THE PUBLIC 24
ON THE INTERNET. 25
(E) THE BOARD SHALL PROVIDE A MECHANISM FOR THE NO TIFICATION 26
AND PROMPT CORRECTIO N OF ANY FACTUAL INA CCURACIES IN A LICEN SEE’S 27
PROFILE. 28
(F) THE BOARD SHALL INCLUDE I NFORMATION RELATING TO CHARGES 29
FILED AGAINST A LICE NSEE BY A DISCIPLINA RY PANEL AND ANY FIN AL 30
DISCIPLINARY ACTION TAK EN BY A DISCIPLINARY PANEL AGAINST A LICE NSEE IN 31
THE LICENSEE’S PROFILE WITHIN 10 DAYS AFTER THE CHARG ES ARE FILED OR THE 32
ACTION BECOMES FINAL . 33
88 SENATE BILL 423
14–5F–21. 1
[(f) If, after a hearing, an individual is found in violation of § 14–5F–18 of this 2
subtitle, the individual shall pay the costs of the hearing as specified in a regulation 3
adopted by the Board.] 4
14–5F–25. 5
(A) A disciplinary panel may issue a cease and desist order for: 6
(1) Practicing naturopathic medicine without a license or with an 7
unauthorized person; or 8
(2) Supervising or aiding an unauthorized person in the practice of 9
naturopathic medicine. 10
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A LICENSED 11
PHYSICIAN MAY NOT EM PLOY AN INDIVIDUAL P RACTICING NATUROPATH IC 12
MEDICINE WITHOUT A LICE NSE OR WITHOUT A COL LABORATION AND 13
CONSULTATION AGREEME NT. 14
(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A HOSPITAL, A 15
RELATED INSTITUTION , AN ALTERNATIVE HEALT H SYSTEM, OR AN EMPLOYER MAY 16
NOT EMPLOY AN INDIVI DUAL PRACTICING NATU ROPATHIC MEDICINE WI THOUT A 17
LICENSE OR WITHOUT A COLLABORATION AND CO NSULTATION AGREEMENT . 18
(D) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO $5,000 19
FOR A VIOLATION OF T HIS SECTION. 20
(E) THE BOARD SHALL REMIT ANY PENALTY COLLECTED UN DER THIS 21
SECTION INTO THE GENERAL FUND OF THE STATE. 22
14–5G–05. 23
There is a Genetic Counseling Advisory Committee within the Board. 24
14–5G–06. 25
(a) The Committee consists of members appointed by the Board as follows: 26
(1) Three shall be [individuals who practice genetic counseling and who: 27
(i) On or before December 31, 2023, are certified genetic counselors; 28
and 29
(ii) On or after January 1, 2024, are] licensed genetic counselors; 30 SENATE BILL 423 89
(2) Three shall be [practicing] licensed physicians; and 1
(3) One shall be a consumer member. 2
(b) Each [genetic counselor member of the Committee must be: 3
(1) In] MEMBER OF THE COMMITTEE LICENSED BY THE BOARD MUST 4
BE IN good standing with the Board[; and 5
(2) A resident of the State who has at least 1 year of active genetic 6
counseling experience within the 5–year period immediately preceding the date of the 7
appointment]. 8
(c) The licensed physician members of the Committee must[: 9
(1) Be in good standing with the Board; and 10
(2) Have] HAVE experience working with genetic counselors. 11
(d) The consumer member of the Committee: 12
(1) Must be a member of the general public; 13
(2) May not be or ever have been: 14
(i) A genetic counselor; 15
(ii) Any OTHER health care professional; or 16
(iii) In training to be a genetic counselor or other health professional; 17
and 18
(3) May not: 19
(i) Participate or ever have participated in a commercial or 20
professional field related to genetic counseling; 21
(ii) Have a household member who participates in a commercial or 22
professional field related to genetic counseling; [or] 23
(iii) Have had within 2 years before appointment a financial interest 24
in a person regulated by the Board; OR 25
90 SENATE BILL 423
(IV) HAVE HAD WITHIN 2 YEARS BEFORE APPOINTMENT A 1
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO GENETIC 2
COUNSELORS OR TO THE FIELD OF GENETIC COU NSELING. 3
(E) EACH MEMBER OF THE COMMITTEE MUST BE A R ESIDENT OF THE 4
STATE. 5
[(e)] (F) (1) The term of a member is 3 years. 6
(2) The terms of members are staggered as required by [the terms provided 7
for members of the Committee on January 1, 2022] REGULATION . 8
(3) At the end of a term, a member continues to serve until a successor is 9
appointed and qualifies. 10
(4) A member may not serve more than two consecutive full terms. 11
(5) A member who is appointed after a term has begun serves only for the 12
rest of the term and until a successor is appointed and qualifies. 13
[(f)] (G) From among its members, the Committee shall elect a chair every 2 14
years. 15
[(g)] (H) A quorum of the Committee consists of five members. 16
14–5G–07. 17
[(a)] In addition to the powers set forth elsewhere in this subtitle, the Committee 18
shall: 19
(1) SHALL: 20
(1) (I) Develop and recommend to the Board [regulations]: 21
(I) 1. REGULATIONS to carry out this subtitle; AND 22
(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 23
PROFESSION; AND 24
(2) (II) [Develop and recommend to the Board a code of ethics for the 25
practice of genetic counseling; 26
(3) Develop and recommend to the Board continuing education 27
requirements for license renewal; 28
SENATE BILL 423 91
(4) Develop and recommend to the Board criteria for individuals who are 1
licensed to practice genetic counseling in another state or territory of the United States to 2
become licensed in this State; 3
(5) Evaluate the credentials of applicants as necessary and recommend 4
licensure of applicants who fulfill the requirements for a license to practice genetic 5
counseling; 6
(6) On request, develop and recommend to the Board standards of care for 7
the practice of genetic counseling; 8
(7) Provide the Board with recommendations concerning the practice of 9
genetic counseling; 10
(8)] Keep a record of its [proceedings] MEETINGS; and 11
[(9) Submit an annual report to the Board.] 12
(3) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 13
(2) MAY: 14
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 15
OF GENETIC COUNSELIN G; AND 16
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 17
GENETIC COUNSELORS . 18
[(b) The Board shall: 19
(1) Consider all recommendations of the Committee; and 20
(2) Provide to the Committee an annual report on the disciplinary matters 21
involving licensees.] 22
14–5G–08. 23
(b) This section does not apply to: 24
(1) [An individual] A GENETIC COUNSELOR who is employed [by the 25
United States] IN THE SERVICE OF TH E FEDERAL government [to practice genetic 26
counseling] while practicing within the scope of [that] THE employment; 27
14–5G–09. 28
92 SENATE BILL 423
(a) To qualify for a license to practice genetic counseling, an applicant shall be an 1
individual who meets the requirements of this section. 2
(b) The applicant must be of good moral character. 3
(c) The applicant must be at least 18 years old. 4
(d) The applicant must be a graduate of an appropriate education program 5
approved by the Board. 6
(e) [Except as provided in subsection (f) of this section, the] THE applicant shall 7
submit to the Board satisfactory evidence of certification by a national certifying 8
organization approved by the Board. 9
(f) [If an applicant does not meet the requirement under subsection (e) of this 10
section, the applicant may qualify for licensure if the applicant: 11
(1) Has worked as a genetic counselor for: 12
(i) At least 10 years before January 1, 2024; and 13
(ii) At least 5 consecutive years immediately preceding the date on 14
which the applicant submits the application for licensure; 15
(2) Has graduated from an education program approved by the Board; 16
(3) Submits to the Board three letters of recommendation from licensed 17
physicians who have been licensed for at least 5 years or certified genetic counselors eligible 18
for licensure and who: 19
(i) Have worked with the applicant in an employment or 20
professional setting for 3 years before the applicant submits the application for licensure; 21
and 22
(ii) Can attest to the applicant’s competency in providing genetic 23
counseling services; and 24
(4) Applies for initial licensure on or before December 31, 2024. 25
(g)] The applicant shall complete a criminal history records check in accordance 26
with § 14–308.1 of this title. 27
[(h)] (G) The applicant shall meet any additional education, training, or 28
examination requirements established by the Board. 29
14–5G–15. 30
SENATE BILL 423 93
(a) A licensee shall notify the Board in writing of a change of name or address 1
within [60] 10 30 days after the change. 2
14–5G–18. 3
(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, 4
on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a 5
license to any applicant, reprimand any licensee, place any licensee on probation, or 6
suspend or revoke a license, if the applicant or licensee: 7
(3) Is guilty of [unprofessional or immoral]: 8
(I) IMMORAL conduct while practicing genetic counseling; OR 9
(II) UNPROFESSIONAL CONDUC T WHILE PRACTICING GENETIC 10
COUNSELING ; 11
(4) Is [professionally, physically, or mentally]: 12
(I) PROFESSIONALLY INCOMP ETENT; 13
(II) PHYSICALLY INCOMPETEN T; OR 14
(III) MENTALLY incompetent; 15
(14) [Knowingly] WILLFULLY makes a misrepresentation while practicing 16
genetic counseling; 17
(15) [Knowingly] WILLFULLY practices genetic counseling with an 18
unauthorized individual or aids an unauthorized individual in practicing genetic 19
counseling; 20
(16) [Knowingly] WILLFULLY delegates a genetic counseling duty to an 21
unlicensed individual; 22
(17) [Grossly overutilizes] ESTABLISHES A PATTERN OF 23
OVERUTILIZATION OF health care services EXCESSIVE OR MEDICAL LY UNNECESSARY 24
PROCEDURES OR TREATM ENT; 25
(21) [Knowingly] WILLFULLY submits false statements to collect fees for 26
which services are not provided; 27
(23) [Knowingly] WILLFULLY fails to report suspected child abuse in 28
violation of § 5–704 of the Family Law Article; 29
14–5G–20. 30 94 SENATE BILL 423
(a) (1) Except as provided in subsections (b) and (d) of this section, [hospitals, 1
related institutions, alternative health systems as defined in § 1–401 of this article, and 2
employers] EACH EMPLOYER OF A L ICENSED GENETIC COUN SELOR shall [file with] 3
SUBMIT TO the Board a report [that the hospital, related institution, alternative health 4
system, or employer limited, reduced, otherwise changed, or terminated any licensed 5
genetic counselor for any reason] IF: 6
(I) THE EMPLOYER : 7
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 8
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED GENETIC COU NSELOR’S 9
CLINICAL PRIVILEGES , EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 10
PATIENTS; 11
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 12
LICENSED GENETIC COU NSELOR’S EMPLOYMENT OR STAFF MEMBERSHIP ; OR 13
3. ASKED THE LICENSED GE NETIC COUNSELOR TO 14
VOLUNTARILY RESIGN B ECAUSE OF THE LICENS ED GENETIC COUNSELOR ’S 15
CONDUCT OR WHILE THE LICENSED GENETIC COU NSELOR IS BEING INVE STIGATED; 16
AND 17
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 18
PARAGRAPH WAS TAKEN : 19
1. FOR REASONS that might be grounds for disciplinary 20
action under § 14–5G–18 of this subtitle; 21
2. BECAUSE THE LICENSED GENETIC COUNSELOR MA Y 22
HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 23
3. BECAUSE THE LICENSED GENETIC COUNSELOR MA Y 24
BE UNABLE TO PRACTIC E GENETIC COUNSELING WITH REASONABLE SKIL L AND 25
SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 26
INCOMPETENCE ; OR 27
4. BECAUSE THE LICENSED GENETIC COUNSELOR MA Y 28
HAVE HARMED OR PLACED ONE OR MORE P ATIENTS OR THE PUBLI C AT 29
UNREASONABLE RISK OF HARM BY ENGAGING IN AN ACT THAT CREATES AN 30
IMMEDIATE OR CONTINU ING DANGER. 31
(2) A REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS 32
SUBSECTION SHALL INC LUDE: 33 SENATE BILL 423 95
(I) THE ACTION TAKEN BY T HE EMPLOYER; 1
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 2
ACTION, INCLUDING REFERENCES TO SPECIFIC PATIENT MEDICAL RECORDS , IF 3
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 4
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 5
CONDUCT OF THE LICENSED GENETIC COU NSELOR. 6
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 7
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 8
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 9
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 10
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 11
PROVIDE THE ADDITION AL INFORMATION . 12
(b) [A hospital, related institution, alternative health system, or] IF AN employer 13
[that has reason to know that] KNOWS THAT THE CONDU CT OF a licensed genetic 14
counselor [has committed an act or has a condition that might be grounds for reprimand or 15
probation of the licensed genetic counselor or suspension or revocation of the license] 16
REQUIRES THAT THE EM PLOYER SUBMIT A REPO RT because the licensed genetic 17
counselor is [alcohol–impaired or drug–impaired] IMPAIRED BY ALCOHOL OR ANOTHER 18
SUBSTANCE, THE EMPLOYER is not required to report the licensed genetic counselor to 19
the Board if: 20
(1) The [hospital, related institution, alternative health system, or] 21
employer knows that the licensed genetic counselor is: 22
(i) In [an alcohol or drug] SUBSTANCE USE DISORD ER treatment 23
program that is accredited by [the] THE Joint Commission [on Accreditation of Healthcare 24
Organizations] or that is certified by the Department; or 25
(ii) Under the care of a health care practitioner who is competent 26
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 27
and 28
(2) (i) The [hospital, related institution, alternative health system, or] 29
employer is able to verify that the licensed genetic counselor remains in the treatment 30
program until SUCCESSFUL discharge; and 31
(ii) The action or condition of the licensed genetic counselor has not 32
caused injury to any person while the genetic counselor is practicing AS A LICENSED 33
genetic [counseling] COUNSELOR . 34 96 SENATE BILL 423
(c) (1) If the licensed genetic counselor enters, or is considering entering, an 1
alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 2
Accreditation of Healthcare Organizations] or that is certified by the Department, the 3
licensed genetic counselor shall notify the hospital, related institution, alternative health 4
system, or employer [of] WITHIN 15 DAYS AFTER the licensed genetic counselor’s decision 5
to enter the treatment program. 6
[(2) If the licensed genetic counselor fails to provide the notice required 7
under paragraph (1) of this subsection, and the hospital, related institution, alternative 8
health system, or employer learns that the licensed genetic counselor has entered a 9
treatment program, the hospital, related institution, alternative health system, or 10
employer shall report to the Board that the licensed genetic counselor has entered a 11
treatment program and has failed to provide the required notice. 12
(3) If the licensed genetic counselor is found to be noncompliant with the 13
treatment program’s policies and procedures while in the treatment program, the 14
treatment program shall notify the hospital, related institution, alternative health system, 15
or employer of the licensed genetic counselor’s noncompliance. 16
(4) On receipt of the notification required under paragraph (3) of this 17
subsection, the hospital, related institution, alternative health system, or] IF THE 18
EMPLOYER KNOWS THAT THE LICENSED GENETIC COUNSELOR IS NONCOMP LIANT 19
WITH THE SUBSTANCE U SE DISORDER TREATMEN T PROGRAM, THE employer of the 20
licensed genetic counselor shall report the licensed genetic counselor’s noncompliance to 21
the Board. 22
(d) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS 23
SUBSECTION FOR GOOD CAUSE SHOWN . 24
(2) A person is not required under this section to make any report that 25
would be in violation of any federal or State law, rule, or regulation concerning the 26
confidentiality of [alcohol– and drug abuse–related] SUBSTANCE USE DISORD ER patient 27
records. 28
(E) THE BOARD MAY ENFORCE THI S SECTION BY SUBPOEN A. 29
(F) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 30
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 31
REQUIRED BY THIS SEC TION. 32
[(e)] (G) [The hospital, related institution, alternative health system, or] AN 33
employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION shall 34
submit the report within 10 days after [any] THE action [described in this section] 35
REQUIRING THE REPORT . 36 SENATE BILL 423 97
[(f)] (H) A report made under this section is PRIVILEGED, NOT SUBJECT TO 1
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 2
discovery in any civil action other than a proceeding arising out of a hearing and decision 3
of the Board or a disciplinary panel under this title. 4
(g) (I) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] 5
$5,000 for failure KNOWINGLY FAILING to report under this section. 6
(2) A DISCIPLINARY PANEL MAY IMP OSE A CIVIL PENALTY OF UP TO 7
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMP LOYER IN BAD FAITH . 8
(3) The Board shall remit any penalty collected under this subsection into 9
the General Fund of the State. 10
14–5G–26. 11
(a) Except as otherwise provided in this subtitle, a licensed genetic counselor or 12
a licensed physician may not employ or supervise an individual practicing genetic 13
counseling without a license. 14
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 15
alternative health system, or AN employer may not employ an individual practicing genetic 16
counseling without a license. 17
(c) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 for a 18
violation of this section. 19
14–5G–27. 20
(a) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 21
14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is guilty of a misdemeanor and 22
on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 23
or both. 24
(b) A person who violates [any provision of §§ 14–5G–23 through 14–5G–26] § 25
14–5G–23, § 14–5G–24, OR § 14–5G–25 of this subtitle is subject to a civil fine of not 26
more than $5,000 to be levied by a disciplinary panel. 27
(c) The Board shall pay any penalty collected under this section into the Board of 28
Physicians Fund. 29
14–602. 30
98 SENATE BILL 423
(b) Except as otherwise provided in this article, a person may not use the words 1
or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent that the 2
person practices medicine, unless the person is: 3
(3) A physician employed [by] IN THE SERVICE OF the federal government 4
while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 5
employment; 6
14–606. 7
(a) (3) A person who is required to give notice under § 14–505 (“Reporting burn 8
treatment”) of this title, and who fails to give the required notice, [is liable for] MAY BE 9
SUBJECT TO a civil penalty of not more than $100. 10
15–103. 11
[(a) In this section, “alternative health care system” has the meaning stated in § 12
1–401 of this article.] 13
(b) (3) (A) (1) Subject to paragraph (2) of this subsection, an employer of 14
a physician assistant shall report to the Board, on the form prescribed by the Board, any 15
termination of employment of the physician assistant if the cause of termination is related 16
to a quality of care issue. 17
(2) Subject to subsection [(d)] (C) of this section, a physician or group of 18
physicians that develops a collaboration agreement with a physician assistant or an 19
employer of a physician assistant shall notify the Board within 10 days of the termination 20
of employment of the physician assistant for reasons that would be grounds for discipline 21
under this title. 22
(3) A physician or group of physicians that develops a collaboration 23
agreement with a physician assistant or the physician assistant shall [notify the Board 24
within 10 days of] IMMEDIATELY DOCUMENT the termination of the relationship [under 25
a] IN THE collaboration agreement ON FILE AT THE PHYSI CIAN ASSISTANT’S PRIMARY 26
PLACE OF BUSINESS . 27
[(c)] (B) (1) Except as otherwise provided under subsections [(b) and (d)] (C) 28
AND (E) of this section, [a hospital, a related institution, an alternative health care system, 29
or an] EACH employer of a LICENSED physician assistant shall [report] SUBMIT to the 30
Board [any limitation, reduction, or other change of the terms of employment of the 31
physician assistant or any termination of employment of the physician assistant for any 32
reason that might be grounds for disciplinary action under § 15–314 of this title] A REPORT 33
IF: 34
(I) THE EMPLOYER : 35 SENATE BILL 423 99
1. REDUCED, SUSPENDED, REVOKED, RESTRICTED, 1
DENIED, CONDITIONED , OR DID NOT RENEW THE LICENSED PHYSICIAN A SSISTANT’S 2
CLINICAL PRIVILE GES, EMPLOYMENT , OR OTHER ABILITY TO PRACTICE OR TREAT 3
PATIENTS; 4
2. INVOLUNTARILY TERMINA TED OR RESTRICTED TH E 5
LICENSED PHYSICIAN A SSISTANT’S EMPLOYMENT OR STAF F MEMBERSHIP ; OR 6
3. ASKED THE LICENSED PH YSICIAN ASSISTANT TO 7
VOLUNTARILY RESIGN B ECAUSE OF THE LICENSED P HYSICIAN ASSISTANT ’S 8
CONDUCT OR WHILE THE LICENSED PHYSICIAN A SSISTANT IS BEING IN VESTIGATED; 9
AND 10
(II) THE ACTION DESCRIBED UNDER ITEM (I) OF THIS 11
PARAGRAPH WAS TAKEN : 12
1. FOR REASONS THAT MIGH T BE GROUNDS FOR 13
DISCIPLINARY ACTIO N UNDER § 15–314 OF THIS TITLE; 14
2. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 15
HAVE ENGAGED IN AN A CT THAT MAY CONSTITU TE UNPROFESSIONAL CO NDUCT; 16
3. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 17
BE UNABLE TO PRACTIC E AS A PHYSICIAN ASS ISTANT WITH REASONABLE SKILL AND 18
SAFETY BECAUSE OF A PHYSICAL OR MENTAL C ONDITION OR PROFESSI ONAL 19
INCOMPETENCE ; OR 20
4. BECAUSE THE LICENSED PHYSICIAN ASSISTANT MAY 21
HAVE HARMED OR PLACE D ONE OR MORE PATIEN TS OR THE PUBLIC AT 22
UNREASONABLE RISK OF HARM BY ENGAGING I N AN ACT THAT CREATE S AN 23
IMMEDIATE OR CONTINU ING DANGER. 24
(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 25
SUBSECTION SHALL INC LUDE: 26
(I) THE ACTION TAKEN BY T HE EMPLOYER ; 27
(II) A DETAILED EXPLANATION OF THE REASONS FOR T HE 28
ACTION, INCLUDING REFERENCES TO SPECIF IC PATIENT MEDICAL R ECORDS, IF 29
ANY, THAT INFORMED THE EM PLOYER’S ACTION; AND 30
(III) THE STEPS TAKEN BY TH E EMPLOYER TO INVEST IGATE THE 31
CONDUCT OF THE LICEN SED PHYSICIAN ASSIST ANT. 32 100 SENATE BILL 423
(3) (I) THE BOARD MAY REQUEST FRO M THE EMPLOYER 1
ADDITIONAL INFORMATI ON REGARDING AN ACTI ON DESCRIBED IN PARA GRAPH (1) 2
OF THIS SUBSECTION T HAT WAS TAKEN BY THE EMPLOYER. 3
(II) IF AN EMPLOYER RECEIV ES A REQUEST MADE UN DER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE EMPLOYER SHALL P ROMPTLY 5
PROVIDE THE ADDIT IONAL INFORMATION . 6
[(d)] (C) [A hospital, related institution, alternative health care system, or] IF 7
AN employer [that has reason to know that] KNOWS THAT THE CONDU CT OF a LICENSED 8
physician assistant [has committed an action or has a condition that might be grounds for 9
reprimand or probation of the physician assistant or suspension or revocation of the license 10
of the physician assistant under § 15–314 of this title] REQUIRES THAT THE EM PLOYER 11
SUBMIT A REPORT UNDE R SUBSECTION (B)(1) OF THIS SECTION because the physician 12
assistant is [alcohol– or drug–impaired] IMPAIRED BY ALCOHOL OR ANOTHER 13
SUBSTANCE, THE EMPLOYER is not required to report THE LICENSED PHYSICI AN 14
ASSISTANT to the Board if: 15
(1) The [hospital, related institution, alternative health care system, or] 16
employer knows that the LICENSED physician assistant is: 17
(i) In [an alcohol or drug] SUBSTANCE USE DISORD ER treatment 18
program that is accredited by [the] THE Joint Commission [on the Accreditation of 19
Healthcare Organizations] or is certified by the Department; or 20
(ii) Under the care of a health care practitioner who is competent 21
and capable of dealing with [alcoholism and drug abuse] SUBSTANCE USE DISORD ERS; 22
(2) The [hospital, related institution, alternative health care system, or] 23
employer is able to verify that the physician assistant remains in the treatment program 24
until SUCCESSFUL discharge; and 25
(3) The action or condition of the physician assistant has not caused injury 26
to any person while the physician assistant is practicing as a licensed physician assistant. 27
(e) (D) (1) If the physician assistant enters, or is considering entering, an 28
alcohol or drug treatment program that is accredited by [the] THE Joint Commission [on 29
Accreditation of Healthcare Organizations] or that is certified by the Department, the 30
physician assistant shall notify the hospital, related institution, alternative health care 31
system, or employer [of] WITHIN 15 DAYS AFTER the physician assistant’s decision to 32
enter the treatment program. 33
(2) If the physician assistant fails to provide the notice required under 34
paragraph (1) of this subsection, and the hospital, related institution, alternative health 35 SENATE BILL 423 101
care system, or employer learns that the physician assistant has entered a treatment 1
program, the hospital, related institution, alternative health care system, or employer shall 2
report to the Board that the physician assistant has entered a treatment program and has 3
failed to provide the required notice 4
[(3) If the physician assistant is found to be noncompliant with the 5
treatment program’s policies and procedures while in the treatment program, the 6
treatment program shall notify the hospital, related institution, alternative health care 7
system, or employer of the physician assistant’s noncompliance. 8
(4) On receipt of the notification required under paragraph (3) of this 9
subsection, the hospital, related institution, alternative health care system, or] IF THE 10
EMPLOYER KNOWS THAT THE LICENSED PHYSICI AN IS NONCOMPLIANT W ITH THE 11
SUBSTANCE USE DISORD ER TREATMENT PROGRAM , THE employer of the LICENSED 12
physician assistant shall report the LICENSED physician assistant’s noncompliance to the 13
Board. 14
[(f)] (E) (1) THE BOARD MAY EXTEND THE REPORTING UNDER THIS 15
SUBSECTION FOR GOOD CAUSE SHOWN . 16
(2) A person is not required under this section to make any report that 17
would be in violation of any federal or State law, rule, or regulation concerning the 18
confidentiality of [alcohol– and drug–abuse] SUBSTANCE USE DISORD ER patient records. 19
(F) THE BOARD MAY ENFORCE THIS SECT ION BY SUBPOENA . 20
(G) ANY PERSON SHALL HAVE THE IMMUNITY FROM LI ABILITY DESCRIBED 21
UNDER § 5–715(D) OF THE COURTS ARTICLE FOR GIVING AN Y OF THE INFORMATION 22
REQUIRED BY THIS SEC TION. 23
[(g)] (H) [The hospital, related institution, alternative health care system, or] 24
AN employer REQUIRED TO MAKE A R EPORT TO THE BOARD UNDER THIS SECT ION 25
shall submit the report within 10 days [of any] AFTER THE action [described in this 26
section] REQUIRING THE REPORT . 27
[(h)] (I) A report under this section is PRIVILEGED, NOT SUBJECT TO 28
INSPECTION UNDER THE PUBLIC INFORMATION ACT, AND not subject to subpoena or 29
discovery in any civil action other than a proceeding arising out of a hearing and decision 30
of the Board or a disciplinary panel under this title. 31
(i) (J) (1) A disciplinary panel may impose a civil penalty of up to [$1,000] $5,000 32
for failure KNOWINGLY FAILING to report under this section. 33
(2) A DISCIPLINARY PANEL M AY IMPOSE A CIVIL PE NALTY OF UP TO 34
$5,000 PER INCIDENT FOR A R EPORT MADE BY AN EMPLOYER IN BAD FAIT H. 35 102 SENATE BILL 423
(3) The Board shall pay any fees collected under this subsection into the 1
General Fund of the State. 2
[(j)] (K) An employer shall make the report required under this section to the 3
Board within 5 days after the date of termination of employment. 4
[(k)] (L) The Board shall adopt regulations to implement the provisions of this 5
section. 6
15–201. 7
(a) There is a Physician Assistant Advisory Committee within the Board. 8
15–202. 9
(a) (1) The Committee shall consist of [7] SEVEN members appointed by the 10
Board. 11
(2) Of the [7] SEVEN Committee members: 12
(i) [3] THREE shall be licensed physicians; 13
(ii) [3] THREE shall be licensed physician assistants; and 14
(iii) [1] ONE shall be a consumer. 15
(3) Of the licensed physician members: 16
(i) At least [1] ONE shall specialize in general surgery or a surgical 17
subspecialty; and 18
(ii) At least [1] ONE shall specialize in internal medicine, family 19
practice, or a similar primary care specialty. 20
(4) The Board shall appoint the physician assistant members from a list of 21
names submitted by: 22
(i) The Maryland Academy of Physician Assistants; and 23
(ii) The State institutions of higher education with approved 24
physician assistant programs. 25
(5) EACH MEMBER OF THE COMMITTEE LICENSED BY THE BOARD 26
MUST BE IN GOOD STAN DING WITH THE BOARD. 27
SENATE BILL 423 103
[(5)] (6) The consumer member: 1
(i) [Shall] MUST be a member of the general public; 2
(ii) May not be [a physician, former physician, physician assistant, 3
or a person in training to become a physician or physician assistant] OR HAVE EVER BEEN : 4
1. A PHYSICIAN ASSISTANT ; 5
2. ANY OTHER HEALTH CARE PROFESSIONAL ; OR 6
3. IN TRAINING TO BE A P HYSICIAN ASSISTANT O R 7
OTHER HEALTH PROFESS IONAL; AND 8
(iii) May not [have a household member who is a physician or 9
physician assistant, or a person in training to become a physician assistant; and 10
(iv) May not have had within 2 years before appointment a 11
substantial financial interest in a process regulated by the Board]: 12
1. PARTICIPATE OR EVER HAVE PARTICIPATED IN A 13
COMMERCIAL OR PROFES SIONAL FIELD RELATED TO PHYSICIAN ASSISTA NT 14
PRACTICE; 15
2. HAVE A HOUSEHOLD MEMB ER WHO PARTICIPATES IN 16
A COMMERCIAL OR PROF ESSIONAL FIELD RELAT ED TO PHYSICIAN ASSI STANT 17
PRACTICE; 18
3. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 19
FINANCIAL INTEREST I N A PERSON REGULATED BY THE BOARD; OR 20
4. HAVE HAD WITHIN 2 YEARS BEFORE APPOINT MENT A 21
FINANCIAL INTEREST I N THE PROVISION OF G OODS OR SERVICES TO PHYSICIAN 22
ASSISTANTS OR TO THE FIELD OF PHYSICI AN ASSISTANT PRACTIC E. 23
[(6)] (7) Each member of the Committee [shall] MUST be a resident of the 24
State. 25
(b) Of the three physician members of the Committee, two shall be previously or 26
currently serving as a patient care team physician under a collaboration agreement with a 27
physician assistant. 28
(c) [(1) The physician assistant members shall be licensed as a physician 29
assistant under this title. 30
104 SENATE BILL 423
(2) The physician assistant members shall be currently practicing as a 1
physician assistant or employed as a faculty member of an accredited physician assistant 2
program. 3
(3)] Of the [3] THREE physician assistant members of the Committee: 4
[(i)] (1) At least [1 shall] ONE MUST be currently practicing in a 5
hospital; and 6
[(ii)] (2) At least [1 shall] ONE MUST be currently practicing in a 7
nonhospital setting. 8
(D) (1) THE TERM OF A MEMBER IS 3 YEARS. 9
(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 10
REGULATION . 11
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 12
A SUCCESSOR IS APPOI NTED AND QUALIFIES. 13
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 14
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 15
QUALIFIES. 16
(5) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 17
TERMS. 18
[(d)] (E) [A] FROM AMONG ITS MEMBERS, THE Committee SHALL ELECT A 19
chair [and a secretary shall be selected] every 2 years [by a majority vote of the membership 20
of the Committee]. 21
[(e)] (F) The chair, or the chair’s designee, shall serve in an advisory capacity to 22
the Board as a representative of the Committee. 23
(G) A QUORUM OF THE COMMITTEE CONSISTS OF FOUR MEMBERS . 24
15–205. 25
[(a)] In addition to the powers set forth elsewhere in this title, the Committee[, on 26
its initiative or on the Board’s request, may] SHALL: 27
(1) SHALL: 28
(1) (I) Recommend to the Board [regulations]: 29
SENATE BILL 423 105
(I) 1. REGULATIONS for carrying out [the provisions of] this 1
title; AND 2
(II) 2. ANY STATUTORY CHANGES THAT AFFECT THE 3
PROFESSION; AND 4
(2) (II) Recommend to the Board approval, modification, or disapproval 5
of an application for licensure OR THE PERFORMANCE O F ADVANCED DUTIES UN DER A 6
COLLABORATION AGREEM ENT; 7
(3) (III) Report to the Board any conduct of a physician or group of 8
physicians who develops a collaboration agreement with a physician assistant or a 9
physician assistant that may be cause for disciplinary action under this title or under § 10
14–404 of this article; [and] 11
(4) (IV) [Report to the Board any alleged unauthorized practice of a 12
physician assistant] KEEP A RECORD OF ITS MEETINGS; AND 13
(5) ON REQUEST OF THE BOARD OR A DISCIPLINA RY PANEL: 14
(2) MAY: 15
(I) PROVIDE RECOMMENDATIO NS REGARDING THE PRA CTICE 16
OF PHYSICIAN ASSISTA NTS; AND 17
(II) ADVISE THE BOARD ON ANY OTHER MA TTERS RELATED TO 18
PHYSICIAN ASSISTANTS . 19
[(b) The Committee shall submit an annual report to the Board. 20
(c) (1) In addition to the duties set forth elsewhere in this title, the Board shall 21
adopt regulations to carry out the provisions of this title. 22
(2) The Board shall: 23
(i) Consider all recommendations of the Committee; and 24
(ii) Provide to the Committee an annual report on the disciplinary 25
matters involving licensees. 26
(3) The Board may: 27
(i) Investigate any alleged unauthorized practice of a physician 28
assistant; 29
106 SENATE BILL 423
(ii) Investigate any conduct that may be cause for disciplinary action 1
under this title; and 2
(iii) On receipt of a written and signed complaint, including a referral 3
from the Commissioner of Labor and Industry, conduct an unannounced inspection of the 4
office of a physician assistant, other than an office of a physician assistant in a hospital, 5
related institution, freestanding medical facility, or freestanding birthing center, to 6
determine compliance at that office with the Centers for Disease Control and Prevention’s 7
guidelines on universal precautions. 8
(4) If the entry is necessary to carry out a duty under this subtitle, 9
including an investigation or determination of compliance as provided under paragraph (3) 10
of this subsection and an audit to determine compliance with the Board’s requirements 11
with respect to physician assistant practice, the Executive Director of the Board or other 12
duly authorized agent or investigator may enter at any reasonable hour a place of business 13
of a licensed physician or a licensed physician assistant or public premises. 14
(5) (i) A person may not deny or interfere with an entry under this 15
subsection. 16
(ii) A person who violates any provision of this subsection is guilty of 17
a misdemeanor and on conviction is subject to a fine not exceeding $100.] 18
15–206. 19
(c) [(1) In fiscal year 2017 and fiscal year 2018, if the Governor does not include 20
in the State budget at least $550,000 for the operation of the Maryland Loan Assistance 21
Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of 22
the Health – General Article, as administered by the Department, the Comptroller shall 23
distribute: 24
(i) $550,000 of the fees received from the Board to the Department 25
to be used to make grants under the Maryland Loan Assistance Repayment Program for 26
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 27
Article to physicians and physician assistants engaged in primary care or to medical 28
residents specializing in primary care who agree to practice for at least 2 years as primary 29
care physicians in a geographic area of the State that has been designated by the Secretary 30
as being medically underserved; and 31
(ii) The balance of the fees to the Board of Physicians Fund. 32
(2) In fiscal year 2019 and each fiscal year thereafter, if the Governor does 33
not include in the State budget at least $400,000 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
Education Commission, the Comptroller shall distribute: 37
SENATE BILL 423 107
(i) $400,000 of the fees received from the Board to the Department 1
to be used to make grants under the Maryland Loan Assistance Repayment Program for 2
Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General 3
Article to physicians and physician assistants engaged in primary care or to medical 4
residents specializing in primary care who agree to practice for at least 2 years as primary 5
care physicians in a geographic area of the State that has been designated by the Secretary 6
as being medically underserved; and 7
(ii) The balance of the fees to the Board of Physicians Fund.] 8
(1) IN EACH FISCAL YEAR , IF THE DEPARTMENT DOES NOT 9
IMPLEMENT A PERMANEN T FUNDING STRUCTURE UNDER § 24–1702(B)(1) OF THE 10
HEALTH – GENERAL ARTICLE AND THE GOVERNOR DOES NOT INC LUDE IN THE 11
STATE BUDGET AT LEAST $400,000 FOR THE OPERATION OF THE MARYLAND LOAN 12
ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 13
UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE, AS 14
ADMINISTERED BY THE DEPARTMENT , THE COMPTROLLER SHALL DIS TRIBUTE: 15
(I) $400,000 OF THE FEES RECEIVED FROM THE BOARD TO THE 16
DEPARTMENT TO BE USED TO MAKE GRANTS UNDER THE MARYLAND LOAN 17
ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS 18
UNDER TITLE 24, SUBTITLE 17 OF THE HEALTH – GENERAL ARTICLE TO 19
PHYSICIANS AND PHYSI CIAN ASSISTANTS ENGA GED IN PRIMARY CARE OR TO 20
MEDICAL RESIDENTS SP ECIALIZING IN PRIMAR Y CARE WHO AGREE TO PRACTICE 21
FOR AT LEAST 2 YEARS AS PRIMARY CAR E PHYSICIANS IN A GE OGRAPHIC AREA OF 22
THE STATE THAT HAS BEEN D ESIGNATED BY THE SECRETARY AS BEING ME DICALLY 23
UNDERSERVED ; AND 24
(II) THE BALANCE OF THE FE ES TO THE BOARD OF PHYSICIANS 25
FUND. 26
[(3)] (2) If the Governor includes in the State budget at least the amount 27
specified in paragraph (1) [or (2)] of this subsection 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 [Maryland Higher 30
Education Commission] DEPARTMENT , the Comptroller shall distribute the fees to the 31
Board of Physicians Fund. 32
15–301. 33
(f) Except as otherwise provided in this title, the following individuals may 34
practice as a physician assistant without a license: 35
108 SENATE BILL 423
(2) A physician assistant employed in the service of the federal government 1
while [performing duties incident to that] PRACTICING WITHIN TH E SCOPE OF THE 2
employment. 3
15–302. 4
(a) A physician assistant may practice as a physician assistant only after 5
providing notice to the Board, in a manner approved by the Board, of[: 6
(1) The] THE executed collaboration agreement[; and 7
(2) Each patient care team physician listed on the collaboration 8
agreement]. 9
(j) A patient care team physician may be added or removed from a collaboration 10
agreement by [providing notification to the Board] IMMEDIATELY DOCUMENT ING THE 11
ADDITION OR REMOVAL IN THE COLLABORATION AGREEMENT ON FILE AT THE 12
PHYSICIAN ASSISTANT ’S PRIMARY PLACE OF B USINESS. 13
15–302.1. 14
(g) (1) On review of the Committee’s recommendations regarding the request 15
of a patient care team physician to delegate advanced duties as described in a collaboration 16
agreement, the Board may m odify the performance of advanced duties under a 17
collaboration agreement if the physician assistant does not meet the applicable education, 18
training, and experience requirements to perform the specified advanced duties. 19
(2) If the Board makes a modification under paragraph (1) of this 20
subsection, the Board: 21
(i) Shall notify [each] THE DELEGATING patient care team 22
physician listed in the collaboration agreement and the physician assistant in writing of 23
the particular elements of the advanced duty approval request that were the cause for the 24
modification; and 25
(ii) May not restrict the submission of an amendment to the 26
advanced duty. 27
15–302.2. 28
(a) A patient care team physician may not delegate prescribing, dispensing, and 29
administering of controlled dangerous substances, prescription drugs, or medical devices 30
unless the [primary supervising] PATIENT CARE TEAM physician and physician assistant 31
include in the collaboration agreement: 32
SENATE BILL 423 109
(1) The authority of the physician assistant to prescribe and, if applicable, 1
dispense controlled dangerous substances, prescription drugs, or medical devices; 2
(2) An attestation that all prescribing and, if applicable, dispensing 3
activities of the physician assistant will comply with applicable federal and State law and 4
regulations; 5
(3) An attestation that all medical charts or records will contain a notation 6
of any prescriptions written or dispensed by a physician assistant in accordance with this 7
section; 8
(4) An attestation that all prescriptions dispensed under this section will 9
include the physician assistant’s name and the patient care team physician’s name, 10
business address, and business telephone number legibly written or printed; 11
(5) An attestation that all prescriptions written under this section will 12
include the physician assistant’s name, business address, and business telephone number 13
legibly written or printed; 14
(6) An attestation that the physician assistant has: 15
(i) Passed the physician assistant national certification exam 16
administered by the National Commission on the Certification of Physician Assistants 17
within the previous 2 years; or 18
(ii) Successfully completed 8 category 1 hours of pharmacology 19
education within the previous 2 years; and 20
(7) An attestation that the physician assistant has: 21
(i) A bachelor’s degree or its equivalent; or 22
(ii) Successfully completed 2 years of work experience as a physician 23
assistant. 24
[(d) If a patient care team physician who has delegated authority to exercise 25
prescriptive authority to a physician assistant subsequently restricts or removes the 26
delegation, the patient care team physician shall notify the Board of the restriction or 27
removal within 5 business days.] 28
15–303. 29
(a) To qualify for a license, an applicant shall: 30
(5) Except as provided in subsection (b) of this section, have successfully 31
completed an educational program for physician assistants accredited by[: 32
110 SENATE BILL 423
(i) The] THE Accreditation Review Commission on Education for 1
the Physician Assistant[; or 2
(ii) If completed before 2001: 3
1. The Committee on Allied Health Education and 4
Accreditation; or 5
2. The Commission on Accreditation of Allied Health 6
Education Programs] OR ITS PREDECESSOR ; and 7
15–309. 8
(b) (1) [Each] A licensee shall [give] PROVIDE the Board written notice of any 9
change of name or address within [60] 10 30 days [of the date of] AFTER the change. 10
15–314. 11
(a) Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary 12
panel, on the affirmative vote of a majority of the quorum, may reprimand any physician 13
assistant, place any physician assistant on probation, or suspend or revoke a license if the 14
physician assistant: 15
(4) Is [professionally, physically, or mentally]: 16
(I) PROFESSIONALLY INCOMP ETENT; 17
(II) PHYSICALLY INCOMPETEN T; OR 18
(III) MENTALLY incompetent; 19
(19) [Grossly overutilizes] ESTABLISHES A PATTERN OF GROSS 20
OVERUTILIZATION OF health care services EXCESSIVE OR MEDICAL LY UNNECESSARY 21
PROCEDURES OR TREATM ENT; 22
(25) [Knowingly] WILLFULLY fails to report suspected child abuse in 23
violation of § 5–704 of the Family Law Article; 24
(37) [By corrupt means, threats, or force, intimidates] INTIMIDATES or 25
influences, or attempts to intimidate or influence, for the purpose of causing any person to 26
withhold or change testimony in hearings or proceedings before the Board or a disciplinary 27
panel or those otherwise delegated to the Office of Administrative Hearings; 28
(38) [By corrupt means, threats, or force, hinders] HINDERS WILLFULLY 29
HINDERS, prevents, or otherwise delays any person from making information available to 30 SENATE BILL 423 111
the Board or a disciplinary panel in furtherance of any investigation of the Board or a 1
disciplinary panel; 2
(46) Fails to comply with the requirements of the Prescription Drug 3
Monitoring Program under Title 21, Subtitle 2A of the Health – General Article; [or] 4
(47) Fails to comply with any State or federal law pertaining to the practice 5
as a physician assistant; OR 6
(48) WILLFULLY MAKES A MIS REPRESENTATION TO A DISCIPLINARY 7
PANEL. 8
15–402.1. 9
(a) Except as otherwise provided in this subtitle, a licensed physician may not 10
employ an individual practicing as a physician assistant who does not have a license or who 11
has not provided notice to the Board as required under § 15–302(a) of this title. 12
(b) Except as otherwise provided in this subtitle, a hospital, related institution, 13
alternative health care system, or AN employer may not employ an individual practicing as 14
a physician assistant who does not have a license. 15
(c) A disciplinary panel may impose a civil penalty in an amount not exceeding 16
[$1,000] $5,000 for a violation of this section. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2025. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.