reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 3 - Patient Referrals › Section 1-303 - Disclosure of Beneficial Interest

(a)    Except as provided in subsection (c) of this section and Title 12 of this article, a health care practitioner making a lawful referral shall disclose the existence of the beneficial interest in accordance with provisions of this section.
(b)    Prior to referring a patient to a health care entity in which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest, the health care practitioner shall:
(1)    Except if an oral referral is made by telephone, provide the patient with a written statement that:
(i)    Discloses the existence of the ownership of the beneficial interest or compensation arrangement;
(ii)    States that the patient may choose to obtain the health care service from another health care entity; and
(iii)    Requires the patient to acknowledge in writing receipt of the statement;
(2)    Except if an oral referral is made by telephone, insert in the medical record of the patient a copy of the written acknowledgement;
(3)    Place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patients of the health care practitioner disclosing all of the health care entities:
(i)    In which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest; and
(ii)    To which the practitioner refers patients; and
(4)    Documents in the medical record of the patient that:
(i)    A valid medical need exists for the referral; and
(ii)    The practitioner has disclosed the existence of the beneficial interest to the patient.
(c)    The provisions of this section do not apply to:
(1)    A health care practitioner when treating a member of a health maintenance organization as defined in § 19-701 of the Health - General Article and the health care practitioner does not have a beneficial interest in the health care entity; or
(2)    A health care practitioner who refers a patient:
(i)    To another health care practitioner in the same group practice as the referring health care practitioner;
(ii)    For in-office ancillary services; or
(iii)    For health care services provided through or by a health care entity owned or controlled by a hospital.
(d)    A health care practitioner who fails to comply with any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 3 - Patient Referrals › Section 1-304 - Disclosure to Third Party Payors

(a)    A health care practitioner shall disclose the name of a referring health care practitioner on each request for payment or bill submitted to a third party payor, including nonprofit health plans and fiscal intermediaries and carriers, that may be responsible for payment, in whole or in part, of the charges for a health care service, if the health care practitioner knows or has reason to believe:
(1)    There has been a referral by a health care practitioner; and
(2)    The referring health care practitioner has a beneficial interest in or compensation arrangement with the health care entity that is prohibited under § 1-302 of this subtitle.
(b)    A health care practitioner who knows or should have known of the practitioner's failure to comply with the provisions of this section shall be subject to disciplinary action by the appropriate licensing board.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 3 - Patient Referrals › Section 1-305 - Collections for Services Provided Pursuant to Prohibited Referral

(a)    If a referring health care practitioner, a health care entity, or other person furnishing health care services collects any amount of money that was billed in violation of § 1-302(b) of this subtitle and the referring health care practitioner, health care entity, or other person knew or should have known of the violation, the referring health care practitioner, health care entity, or other person is jointly and severally liable to the payor for any amounts collected.
(b)    If a claim, bill, or other demand or request for payment for health care services is denied under § 19-712.4 of the Health - General Article or § 15-110 of the Insurance Article, the referring health care practitioner, health care entity, or other person furnishing the health care services may not submit a claim, bill, or other demand or request for payment to the person who received the health care services.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 3 - Patient Referrals › Section 1-307 - Disciplinary Actions; Investigations

(a)    A health care practitioner who fails to comply with the provisions of this  subtitle shall be subject to disciplinary action by the appropriate regulatory board.
(b)    The appropriate regulatory board may investigate a  claim under this subtitle in accordance with the investigative  authority granted under this article.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 4 - Medical Review Committees › Section 1-402 - Law Governing Recoveries Against Medical Review Bodies and Professional Peer Review Activities

(a)    In accordance with the Health Care Quality Improvement Act of 1986, the State elects not to be governed by the provisions of the Act that provide limitations on damages for suits brought under State law against medical review bodies and to physicians participating in professional peer review activities.
(b)    For suits brought under State law, the State shall be governed by this subtitle.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 5 - Health Care Worker Whistleblower Protection Act › Section 1-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means any board established under this article.
(c)    (1)    “Employee” means any individual licensed or certified by a board under this article who performs services for and under the control and direction of an employer for wages or other remuneration.
(2)    “Employee” does not include a State employee.
(d)    “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of an employee, or who has managerial authority to take corrective action regarding the violation of a law, rule, or regulation of which the employee complains.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 5 - Health Care Worker Whistleblower Protection Act › Section 1-502 - Prohibited Acts

Subject to § 1-503 of this subtitle, an employer may not take or refuse to take any personnel action as reprisal against an employee because the employee:
(1)    Discloses or threatens to disclose to a supervisor or board an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation;
(2)    Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by the employer; or
(3)    Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 5 - Health Care Worker Whistleblower Protection Act › Section 1-503 - Requirements for Protection

The protection provided against a violation of § 1-502 of this subtitle shall only apply if:
(1)    The employee has a reasonable, good faith belief that the employer has, or still is, engaged in an activity, policy, or practice that is in violation of a law, rule, or regulation;
(2)    The employer’s activity, policy, or practice that is the subject of the employee’s disclosure poses a substantial and specific danger to the public health or safety; and
(3)    Before reporting to the board:
(i)    The employee has reported the activity, policy, or practice to a supervisor or administrator of the employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice; or
(ii)    If the employer has a corporate compliance plan specifying who to notify of an alleged violation of a rule, law, or regulation, the employee has followed the plan.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 5 - Health Care Worker Whistleblower Protection Act › Section 1-504 - Civil Action and Venue; Limitation of Action

(a)    Any employee who is subject to a personnel action in violation of § 1-502 of this subtitle may institute a civil action in the county where:
(1)    The alleged violation occurred;
(2)    The employee resides; or
(3)    The employer maintains its principal offices in the State.
(b)    The action shall be brought within 1 year after the alleged violation of § 1-502 of this subtitle occurred, or within 1 year after the employee first became aware of the alleged violation of § 1-502 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 5 - Health Care Worker Whistleblower Protection Act › Section 1-505 - Remedies; Attorney's Fees and Expenses

In any action brought under this subtitle, a court may:
(1)    Issue an injunction to restrain continued violation of this subtitle;
(2)    Reinstate the employee to the same, or an equivalent position held before the violation of § 1-502 of this subtitle;
(3)    Remove any adverse personnel record entries based on or related to the violation of § 1-502 of this subtitle;
(4)    Reinstate full fringe benefits and seniority rights;
(5)    Require compensation for lost wages, benefits, and other remuneration; and
(6)    Assess reasonable attorney’s fees and other litigation expenses against:
(i)    The employer, if the employee prevails; or
(ii)    The employee, if the court determines that the action was brought by the employee in bad faith and without basis in law or fact.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-602 - Disciplinary Subcommittee

(a)    After consultation with the Secretary and to the extent permitted by existing administrative and fiscal resources, each health occupations board shall establish a disciplinary subcommittee.
(b)    To the extent deemed practicable by each board, a disciplinary subcommittee shall:
(1)    Be responsible for the investigation of complaints;
(2)    Determine whether the health occupations board should bring charges against a licensee or certificate holder; and
(3)    Participate in preadjudication case resolution conferences resulting from the charges.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-603 - Charges

(a)    Except as provided in subsection (b) of this section, a health occupations board may not bring charges against a licensee or certificate holder based solely on events contained in a complaint the board receives more than 6 years after:
(1)    The day the complainant actually discovered the facts that form the basis of the complaint; or
(2)    The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint.
(b)    This section does not apply to a complaint based on:
(1)    Criminal convictions or sexual misconduct or other similar boundary violations;
(2)    Reciprocal discipline matters;
(3)    Ongoing substance abuse;
(4)    Fraudulent concealment of material information; or
(5)    Acts that occur while a patient is a minor.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-604 - Peer Review

(a)    If a statute authorizes a health occupations board to use a system of peer review in standard of care cases and the peer reviewer or peer reviewers determine that there has been a violation of a standard of care, the board shall provide the licensee or certificate holder under investigation:
(1)    An opportunity to review the final peer review report; and
(2)    At least 10 business days after the report was sent to the licensee or certificate holder to provide the board with a written response.
(b)    If a health occupations board receives a written response to a final peer review report, the board shall consider both the report and response before taking any action.
(c)    (1)    Except as provided in paragraph (2) of this subsection, health occupations boards and disciplinary panels may not reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke the license of a licensee or the certificate of a certificate holder solely on the basis of the licensee’s or certificate holder’s use of a diagnostic evaluation or treatment of a patient that is integrative, complementary, alternative, or nonconventional, including in the treatment of Lyme disease or tick–borne illnesses.
(2)    This subsection may not be construed to release a licensee or certificate holder from the duty to exercise a professional standard of care when evaluating and treating a patient’s medical condition.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-605 - Program for a Single Standard of Care Violation

(a)    As an alternative to a formal hearing, each health occupations board may establish a program for licensees or certificate holders who commit a single standard of care violation.
(b)    A program established under this section shall provide training, mentoring, or other forms of remediation as determined by the health occupations board.
(c)    A health occupations board may refer a licensee to the program.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-606 - Sanctioning Guidelines

(a)    Each health occupations board shall adopt specific sanctioning guidelines, including:
(1)    A range of sanctions that is based on historical data or a normative process for each type of violation; and
(2)    A list of mitigating and aggravating circumstances that may be used to decide if a sanction falls within or outside the established range of sanctions.
(b)    Sanctioning guidelines adopted under this section shall:
(1)    Conform to a general framework or incorporate a common set of elements; and
(2)    Be used as a guide for sanctioning licensees and certificate holders in formal and informal proceedings.
(c)    (1)    To the extent a health occupations board departs from the sanctioning guidelines adopted under this section, the board shall state its reasons.
(2)    A departure from the guidelines alone is not grounds for any hearing or appeal of any board action.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 6 - General Clarification of the Disciplinary Process › Section 1-609 - Guidelines for Separate Roles of Assistant Attorneys General and Prosecutor

(a)    Each health occupations board shall collaborate with the Office of the Attorney General to make guidelines available to the public concerning the separate roles for assistant attorneys general as counsel and prosecutor for the board.
(b)    Noncompliance with the guidelines made available under this section may not be used as grounds for any hearing or appeal of any board action.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 7 - Service Members, Veterans, and Military Spouses -- Licensing › Section 1-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Health occupations board” means a board authorized to issue a license, certificate, or registration under this article.
(c)    (1)    “Military spouse” means the spouse of a service member or veteran.
(2)    “Military spouse” includes a surviving spouse of:
(i)    A veteran; or
(ii)    A service member who died within 1 year before the date on which the application for a license, certificate, or registration is submitted.
(d)    “Service member” means an individual who is an active duty member of:
(1)    The armed forces of the United States;
(2)    A reserve component of the armed forces of the United States; or
(3)    The National Guard of any state.
(e)    (1)    “Veteran” means a former service member who was discharged from active duty under circumstances other than dishonorable within 1 year before the date on which the application for a license, certificate, or registration is submitted.
(2)    “Veteran” does not include an individual who has completed active duty and has been discharged for more than 1 year before the application for a license, certificate, or registration is submitted.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 7 - Service Members, Veterans, and Military Spouses -- Licensing › Section 1-702 - Credit for Experience, Training, and Education for Service Members

(a)    In calculating an individual’s years of practice in a health occupation, each health occupations board shall give credit to the individual for all relevant experience as a service member.
(b)    Each health occupations board shall credit any training and education provided by the military and completed by a service member toward any training or education requirements for licensure, certification, or registration if the training or education is determined by the health occupations board to be:
(1)    Substantially equivalent to the training or education required by the health occupations board; and
(2)    Not otherwise contrary to any other licensing requirement.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 7 - Service Members, Veterans, and Military Spouses -- Licensing › Section 1-703 - Service Members -- Renewal of License or Certificate After Expiration of Renewal Period; Completion of Continuing Education or Competency Requirements or Criminal History Records Check

A health occupations board may allow a licensee or certificate holder who is a member of an armed force deployed outside the United States or its territories to:
(1)    Renew the license or certificate after the expiration of the renewal period without payment of a penalty or reinstatement fee if the late renewal is a direct result of the deployment; and
(2)    Complete any continuing education or continuing competency requirements or criminal history records check required for renewal within a reasonable time after renewing the license or certificate.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 7 - Service Members, Veterans, and Military Spouses -- Licensing › Section 1-704 - Duties of Health Occupations Board

(a)    (1)    Each health occupations board shall develop a procedure by which an individual who applies for a license, certificate, or registration can notify the board that the individual is a service member, veteran, or military spouse.
(2)    A health occupations board may satisfy the requirement of paragraph (1) of this subsection by including a check–off box on a license, certificate, or registration application form.
(b)    For each applicant who is a service member, veteran, or military spouse, a health occupations board shall assign to the applicant an advisor to assist the individual with the application process.
(c)    (1)    Each health occupations board shall expedite the process for the licensure, certification, or registration of a service member, veteran, or military spouse.
(2)    If a service member, veteran, or military spouse meets the requirements for licensure, certification, or registration, a health occupations board shall issue the license, certificate, or registration within 15 business days after receiving a completed application.
(d)    If a health occupations board determines that a service member, veteran, or military spouse does not meet the education, training, or experience requirements for licensure, certification, or registration, a representative of the board shall assist the service member, veteran, or military spouse in identifying:
(1)    Programs that offer relevant education or training; or
(2)    Ways of obtaining needed experience.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 7 - Service Members, Veterans, and Military Spouses -- Licensing › Section 1-705 - Publication of Process on Website

Each health occupations board shall publish prominently on its Web site information on:
(1)    The expedited licensing process available to service members, veterans, and military spouses under § 1–704 of this subtitle; and
(2)    Any assistance and services related to licensure, certification, or registration provided by the board to service members, veterans, and military spouses.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 8 - Continuing Education in Health Care Disparities, Cultural and Linguistic Competency, and Health Literacy › Section 1-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Applicant” means an individual who applies for licensure to practice as a health care professional.
(c)    “Board” means:
(1)    The State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists;
(2)    The State Board of Dental Examiners;
(3)    The State Board of Nursing;
(4)    The State Board of Examiners in Optometry;
(5)    The State Board of Pharmacy;
(6)    The State Board of Physicians;
(7)    The State Board of Podiatric Medical Examiners;
(8)    The State Board of Professional Counselors and Therapists;
(9)    The State Board of Examiners of Psychologists; and
(10)    The State Board of Social Work Examiners.
(d)    “Health care professional” means:
(1)    An individual licensed by the State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists;
(2)    A dentist licensed by the State Board of Dental Examiners;
(3)    A registered nurse or licensed practical nurse licensed by the State Board of Nursing;
(4)    An optometrist licensed by the State Board of Examiners in Optometry;
(5)    A pharmacist licensed by the State Board of Pharmacy;
(6)    A physician licensed by the State Board of Physicians;
(7)    A podiatrist licensed by the State Board of Podiatric Medical Examiners;
(8)    An individual licensed by the State Board of Professional Counselors and Therapists;
(9)    A psychologist licensed by the State Board of Examiners of Psychologists; and
(10)    An associate social worker, a graduate social worker, a certified social worker, or a certified social worker–clinical licensed by the State Board of Social Work Examiners.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 8 - Continuing Education in Health Care Disparities, Cultural and Linguistic Competency, and Health Literacy › Section 1-802 - Duties of Boards to List Courses

(a)    (1)    The Office of Minority Health and Health Disparities shall provide to each board a list of recommended courses in cultural and linguistic competency, health disparities, and health literacy.
(2)    The Department, in consultation with the Department of Veterans Affairs, shall provide to each board a list of recommended courses in military culture.
(b)    Each board shall:
(1)    Post the list of recommended courses provided to the board under subsection (a) of this section prominently on the board’s Web site;
(2)    Provide information about the recommended courses to health care professionals at the time of renewal of licensure; and
(3)    Advertise the availability of the recommended courses in newsletters and any other media published by the board.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 9 - Teletherapy › Section 1-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Health care practitioner” means an individual who:
(1)    Provides  behavioral health services to a patient in the State; and
(2)    Is licensed in the State by:
(i)    The State Board of Nursing;
(ii)    The State Board of Physicians;
(iii)    The State Board of Professional Counselors and Therapists;
(iv)    The State Board of Examiners of Psychologists; or
(v)    The State Board of Social Work Examiners.
(c)    “Teletherapy” means telehealth, as defined in § 15–139 of the Insurance Article, used to deliver behavioral health services.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 9 - Teletherapy › Section 1-902 - General Consideration

A health care practitioner may use teletherapy if:
(1)    The health care practitioner complies with  any regulations adopted under this subtitle; and
(2)    The health care practitioner:
(i)    Establishes a patient–practitioner relationship with the patient for whom teletherapy is being used;
(ii)    Provides for the privacy of communications made through teletherapy; and
(iii)    Addresses, to the extent practicable, the need to maintain the safety and well–being of patients for whom teletherapy is being used.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Asynchronous telehealth interaction” means an exchange of information between a patient and a health care practitioner that does not occur in real time, including the secure collection and transmission of a patient’s medical information, clinical data, clinical images, laboratory results, and self–reported medical history.
(c)    “Health care practitioner” means an individual who is licensed, certified, or otherwise authorized by law to provide health care services under this article.
(d)    “Synchronous telehealth interaction” means an exchange of information between a patient and a health care practitioner that occurs in real time.
(e)    (1)    “Telehealth” means a mode of delivering health care services through the use of telecommunications technologies by a health care practitioner to a patient at a different physical location than the health care practitioner.
(2)    “Telehealth” includes synchronous and asynchronous interactions.
(3)    “Telehealth” does not include the provision of health care services solely through audio–only calls, e–mail messages, or facsimile transmissions.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1002 - Prerequisites for Establishment of Synchronous or Asynchronous Telehealth Interaction

A health care practitioner may establish a practitioner–patient relationship through either a synchronous telehealth interaction or an asynchronous telehealth interaction, if the health care practitioner:
(1)    Verifies the identity of the patient receiving health care services through telehealth;
(2)    Discloses to the patient the health care practitioner’s name, contact information, and the type of health occupation license held by the health care practitioner; and
(3)    Obtains oral or written consent from the patient or from the patient’s parent or guardian if State law requires the consent of a parent or guardian.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1003 - Standards of Practice Applicable -- Clinical Evaluation -- Conditions Precedent to Prescribing Opiates or Controlled Substances

(a)    A health care practitioner providing telehealth services shall:
(1)    Be held to the same standards of practice that are applicable to in–person health care settings; and
(2)    If clinically appropriate for the patient, provide or refer a patient to in–person health care services or another type of telehealth service.
(b)    (1)    A health care practitioner shall perform a clinical evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth.
(2)    A health care practitioner may use a synchronous telehealth interaction or an asynchronous telehealth interaction to perform the clinical evaluation required under paragraph (1) of this subsection.
(c)    (1)    A health care practitioner may not prescribe an opiate described in the list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment of pain through telehealth, unless:
(i)    The individual receiving the prescription is a patient in a health care facility, as defined in § 19–114 of the Health – General Article; or
(ii)    The Governor has declared a state of emergency due to a catastrophic health emergency.
(2)    Subject to paragraph (1) of this subsection, a health care practitioner who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, is subject to any applicable regulation, limitation, and prohibition in federal and State law relating to the prescription of controlled dangerous substances.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1004 - Documentation of Services Provided -- Confidentiality

(a)    A health care practitioner shall document in a patient’s medical record the health care services provided through telehealth to the patient according to the same documentation standards used for in–person health care services.
(b)    All laws regarding the confidentiality of health information and a patient’s right to the patient’s health information apply to telehealth interactions in the same manner as the laws apply to in–person health care interactions.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1005 - Authorized Telehealth Practitioners

A health care practitioner providing health care services through telehealth must be licensed, certified, or otherwise authorized by law to provide health care services in the State if the health care services are being provided to a patient located in the State.
2023 Maryland Statutes › Health Occupations › Title 1 - Definitions; General Provisions › Subtitle 10 - Telehealth › Section 1-1006 - Regulations Authorized -- Standard of Care

(a)    A health occupations board may adopt regulations to implement this subtitle.
(b)    Regulations adopted by a health occupations board under subsection (a) of this section:
(1)    May not establish a separate standard of care for telehealth; and
(2)    Shall allow for the establishment of a practitioner–patient relationship through a synchronous telehealth interaction or an asynchronous telehealth interaction provided by a health care practitioner who is complying with the health care practitioner’s standard of care.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 1 - Definitions; General Provisions › Section 1A-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Acupuncture” means a form of health care based on East Asian medical theories of energetic physiology that describe the interrelationship of the body organs and functions.
(c)    “Auricular detoxification” means an acupuncture technique involving the needling of the external auricle of the human ear for the purpose of assisting a person who is undergoing detoxification to remove addictive substances from the body and restoring health.
(d)    “Board” means the State Acupuncture Board.
(e)    “License” means, unless the context requires otherwise, a license issued by the Board to practice acupuncture.
(f)    (1)    “Practice acupuncture” means the use of East Asian medical therapies for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health.
(2)    “Practice acupuncture” includes:
(i)    Stimulation of the body by the insertion of needles;
(ii)    The application of moxibustion; and
(iii)    Manual, mechanical, thermal, electrical, or other East Asian medical therapies only when performed in accordance with the principles of East Asian medical theories and practices.
(g)    “Supervision” means:
(1)    A formalized professional relationship between a licensed acupuncturist and an individual performing auricular detoxification that provides evaluation and direction of the individual to adequately ensure the safety and welfare of clients during the course of treatment; and
(2)    As defined by the Board in regulations:
(i)    Periodic direct supervision where the licensed acupuncturist is present or on–site during treatment; and
(ii)    General supervision where the licensed acupuncturist is neither present nor on–site during treatment.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 1 - Definitions; General Provisions › Section 1A-102 - Scope of Title

(a)    This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
(b)    This title does not limit the right of a physician authorized under Title 14 of this article to perform acupuncture as it is defined in that title.
(c)    This title does not limit a dentist licensed under Title 4 of this article who is authorized to perform acupuncture in connection with the practice of dentistry.
(d)    This title does not limit a veterinarian licensed under the Agriculture Article who performs acupuncture on animals in connection with the practice of veterinary medicine.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 2 - State Acupuncture Board › Section 1A-202 - Board Membership

(a)    (1)    The Board consists of seven members appointed by the Governor.
(2)    Of the seven members:
(i)    Five shall be licensed acupuncturists appointed from a list submitted as provided in subsection (c) of this section; and
(ii)    Two shall be consumer members.
(b)    Each acupuncturist member shall:
(1)    Be a resident of the State; and
(2)    For at least 5 years immediately before appointment have been engaged in the practice of acupuncture in the State.
(c)    For each vacancy of an acupuncture member, the Board shall compile a list of names to be submitted to the Governor in the following manner:
(1)    The Board shall notify all licensed acupuncturists in the State of the vacancy to solicit nominations to fill the vacancy;
(2)    Each professional association of acupuncturists in the State shall nominate at least one person for every two vacancies that exist; and
(3)    Each educational institution that provides acupuncture training in the State shall nominate at least one person for every two vacancies that exist.
(d)    The consumer members:
(1)    Shall be members of the general public;
(2)    May not be or ever have been an acupuncturist or in training to become an acupuncturist;
(3)    May not have a household member who is an acupuncturist or in training to become an acupuncturist;
(4)    May not participate or ever have participated in a commercial or professional field related to acupuncture;
(5)    May not have a household member who participates in a commercial or professional field related to acupuncture; and
(6)    May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
(e)    While a member of the Board, the consumer member may not have a substantial financial interest in a person regulated by the Board.
(f)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(g)    (1)    The term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1994.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member may not serve more than two consecutive full terms.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(h)    The Governor may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 2 - State Acupuncture Board › Section 1A-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall meet at least once every 3 months, at the times and places that it determines.
(c)    Each member of the Board is entitled to:
(1)    Compensation in accordance with the budget of the Board; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 2 - State Acupuncture Board › Section 1A-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may adopt:
(1)    Regulations to carry out the provisions of this title; and
(2)    A code of ethics for licensees.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall keep:
(1)    Records and minutes necessary for the orderly conduct of business; and
(2)    A list of each currently licensed acupuncturist.
(c)    In addition to the duties set forth elsewhere in this title, the Board shall investigate any alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 2 - State Acupuncture Board › Section 1A-206 - Acupuncture Board Fund; Fees; Expenses; Disposition of Funds; Audits; Administration

(a)    There is an Acupuncture Board Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the Acupuncture Board Fund.
(d)    (1)    The Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.
(2)    (i)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(ii)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.
(e)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
(f)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for a lawful purpose authorized under this article.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 3 - Licensing › Section 1A-301 - License Required; Exemptions

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice acupuncture in this State.
(b)    This section does not apply to:
(1)    An individual employed by the federal government as an acupuncturist while practicing within the scope of that employment;
(2)    A student, trainee, or visiting teacher who is designated as a student, trainee, or visiting teacher while participating in a course of study or training under the supervision of a licensed acupuncturist in a program that is approved by the Board or the State Board of Higher Education; or
(3)    An individual authorized under § 1A-316 of this subtitle to perform auricular detoxification under the direct supervision of an acupuncturist licensed by the Board.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 3 - Licensing › Section 1A-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall:
(1)    Be of good moral character;
(2)    Be at least 18 years old;
(3)    Demonstrate competence in performing acupuncture by meeting the following standards for education or training:
(i)    If the applicant is issued a license on or before May 31, 2026:
1.    Graduation from at least a master’s level program or its equivalent in acupuncture that is:
A.    Approved by the Maryland Higher Education Commission;
B.    Accredited by the Accreditation Commission for Acupuncture and Oriental Medicine; or
C.    Found by the Board to be equivalent to a course approved or accredited under item A or B of this item; or
2.    Achievement of a:
A.    Diplomate in acupuncture from the National Certification Commission for Acupuncture and Oriental Medicine; or
B.    Passing score on an examination that is determined by the Board to be equivalent to the examination given by the National Certification Commission for Acupuncture and Oriental Medicine; or
(ii)    If the applicant is issued a license on or after June 1, 2026:
1.    Graduation from at least a master’s level program or its equivalent in acupuncture that is:
A.    Approved by the Maryland Higher Education Commission;
B.    Accredited by the Accreditation Commission for Acupuncture and Oriental Medicine; or
C.    Found by the Board to be equivalent to a course approved or accredited under item A or B of this item; and
2.    Achievement of a passing score on an examination given by the National Certification Commission for Acupuncture and Oriental Medicine or determined by the Board to be equivalent to the examination given by the National Certification Commission for Acupuncture and Oriental Medicine;
(4)    Demonstrate the ability to communicate in the English language; and
(5)    Meet any other qualifications that the Board establishes in regulations.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 3 - Licensing › Section 1A-306 - Term and Renewal of Licenses; Advertisements

(a)    (1)    The Board shall provide for the term and renewal of licenses under this section.
(2)    The term of a license may not be more than 3 years.
(3)    A license expires at the end of its term, unless the license is renewed for a term as provided by the Board.
(b)    At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, the licensee periodically may renew it for an additional term, if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with any continuing education requirements set under this section for license renewal.
(d)    In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education requirements as a condition to the renewal of licenses under this section.
(e)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
(f)    An acupuncturist has a grace period of 30 days after the acupuncturist’s license expires in which to renew it retroactively, if the acupuncturist:
(1)    Otherwise is entitled to have the license renewed; and
(2)    Pays to the Board the renewal fee and any late fee set by the Board.
(g)    A licensee may advertise only as permitted by regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 3 - Licensing › Section 1A-307 - Inactive Status; Reinstatement of Expired License

(a)    (1)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    The Board may not place a licensee on inactive status for more than 6 years.
(b)    The Board shall reactivate a license to an individual who is on inactive status if the individual complies with the renewal requirements that exist at the time the individual changes from inactive to active status.
(c)    The Board may reinstate the license of a former licensee who has failed to renew the license for any reason if the former licensee:
(1)    Meets the continuing education requirements of § 1A-306 of this subtitle for each year that the license has lapsed;
(2)    Applies for reinstatement more than 30 days after the license renewal deadline;
(3)    Submits to the Board an application for reinstatement on the form required by the Board; and
(4)    Pays to the Board a reinstatement fee and a renewal fee set by the Board.
(d)    The Board may not assess the reinstatement fee required under subsection (c) of this section on an individual who has been on inactive status for more than 6 years if the individual can provide documentation of maintaining an active license in another state.
(e)    An individual who has been previously licensed by the Board shall obtain a license only by means of license renewal or reinstatement as provided in this article and in regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 1A - Acupuncturists › Subtitle 3 - Licensing › Section 1A-308 - Surrender of License by Licensee

(a)    Unless the Board agrees to accept the surrender of a license, a licensee may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
(b)    The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.