reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-403 - Conditions for Surrender of License, Certification, or Registration

(a)    Unless a disciplinary panel agrees to accept the surrender of a license, certification, or registration of an individual the Board regulates, the individual may not surrender the license, certification, or registration nor may the license, certification, or registration lapse by operation of law while the individual is under investigation or while charges are pending.
(b)    A disciplinary panel may set conditions on its agreement to accept surrender of a license, certification, or registration.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-405 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), or § 14–5F–18 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.
(b)    (1)    The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(2)    Factual findings shall be supported by a preponderance of the evidence.
(c)    The individual may be represented at the hearing by counsel.
(d)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.
(e)    After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board’s or disciplinary panel’s disposition.
(f)    The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.
(g)    The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-406 - Findings and Order of Disciplinary Panel -- in General

(a)    Following the filing of charges, if a majority of the quorum of a disciplinary panel finds that there are grounds for action under § 14–404 of this subtitle, the disciplinary panel shall pass an order in accordance with the Administrative Procedure Act.
(b)    After the charges are filed, if a disciplinary panel finds, on an affirmative vote of a majority of its quorum, that there are no grounds for action under § 14–404 of this subtitle, the disciplinary panel:
(1)    Immediately shall dismiss the charges and exonerate the licensee;
(2)    (i)    Except as provided in item (ii) of this item, shall expunge all records of the charges 3 years after the charges are dismissed; or
(ii)    If the physician executes a document releasing the Board from any liability related to the charges, shall immediately expunge all records of the charges; and
(3)    May not take any further action on the charges.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-407 - Order of Suspension or Revocation

(a)    An order of suspension or revocation is effective, in accordance with its terms and conditions, as soon as a disciplinary panel files it under this title.
(b)    The Board shall keep a copy of the order of suspension or revocation as a permanent record.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-408 - Review

(a)    Any person aggrieved by a final decision of the Board or a disciplinary panel in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal as provided in the Administrative Procedure Act.
(b)    An order of the Board or a disciplinary panel may not be stayed pending review.
(c)    The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-409 - Reinstatement of Suspended or Revoked License

(a)    (1)    Except as provided in subsection (b) of this section, a disciplinary panel may reinstate the license of an individual whose license has been surrendered or revoked under this title only in accordance with:
(i)    The terms and conditions of the order of revocation or letter of surrender;
(ii)    An order of reinstatement issued by the disciplinary panel; or
(iii)    A final judgment in any proceeding for review.
(2)    If a license is surrendered or revoked for a period of more than 1 year, the Board may reinstate the license after 1 year if the licensee:
(i)    Meets the requirements for reinstatement as established by the Board; and
(ii)    Completes a criminal history records check in accordance with § 14–308.1 of this title.
(b)    An individual whose license has been surrendered or revoked under this title and who seeks reinstatement shall meet the continuing medical education requirements established for the renewal of licenses as if the individual were licensed during the period of surrender or revocation.
(c)    If an order of revocation is based on § 14–404(b) of this subtitle, and the conviction or plea subsequently is overturned at any stage of an appeal or other postconviction proceeding, the revocation ends when the conviction or plea is overturned.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-410 - Discoverability or Admissibility in Evidence of Documents From Investigations and Hearings

(a)    Except by the express stipulation and consent of all parties to a proceeding before the Board, a disciplinary panel, or any of its other investigatory bodies, in a civil or criminal action:
(1)    The proceedings, records, or files of the Board, a disciplinary panel, or any of its other investigatory bodies are not discoverable and are not admissible in evidence; and
(2)    Any order passed by the Board or disciplinary panel is not admissible in evidence.
(b)    This section does not apply to a civil action brought by a party to a proceeding before the Board or a disciplinary panel who claims to be aggrieved by the decision of the Board or the disciplinary panel.
(c)    If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of that record or exhibit in a proceeding before the Board, a disciplinary panel, or any of its other investigatory bodies does not prevent its production in any other proceeding.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-412 - Immunity From Civil Liability of Participants in Board Proceedings

(a)    If a person is a member of the Board or a legally authorized agent of the Board and is investigating, prosecuting, participating in a hearing, or otherwise acting on an allegation of a ground for Board action made to the Board, the person shall have the immunity from liability described under § 5–715(b) of the Courts and Judicial Proceedings Article.
(b)    A person who makes an allegation of a ground for Board action to the Board shall have the immunity from liability described under § 5–715(c) of the Courts and Judicial Proceedings Article.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-413 - Reports to Be Made to Board

(a)    (1)    Each hospital and related institution shall submit to the Board a report within 10 days after:
(i)    The hospital or related institution denied the application of a physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff privileges of a physician, or the physician resigned whether or not under formal accusation, if the denial, limitation, reduction, change, termination, or resignation is for reasons that might be grounds for disciplinary action under § 14–404 of this subtitle;
(ii)    The hospital or related institution took any disciplinary action against a salaried, licensed physician without staff privileges, including termination of employment, suspension, or probation, for reasons that might be grounds for disciplinary action under § 14–404 of this subtitle;
(iii)    A licensed physician voluntarily resigned from the staff, employ, or training program of the hospital or related institution for reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; or
(iv)    The hospital or related institution placed any other restrictions or conditions on any of the licensed physicians as listed in items (i) through (iii) of this paragraph for any reasons that might be grounds for disciplinary action under § 14–404 of this subtitle.
(2)    The hospital or related institution shall state in the report the reasons for its action or the nature of the formal accusation pending when the physician resigned.
(3)    The Board may extend the reporting time under this subsection for good cause shown.
(4)    The minutes or notes taken in the course of determining the denial, limitation, reduction, or termination of the staff privileges of any physician in a hospital or related institution are not subject to review or discovery by any person.
(5)    The Board, in consultation with all interested parties, may adopt regulations to define:
(i)    Changes in employment or privileges that require reporting under this section; and
(ii)    Actions by licensees that are grounds for discipline and that require reporting under this section.
(b)    The Board may enforce this section by subpoena.
(c)    Any person shall have the immunity from liability described under § 5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.
(d)    A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
(e)    (1)    A disciplinary panel may impose a civil penalty of up to $5,000 for failure to report under this section.
(2)    The Board shall remit any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-414 - Reports From Alternative Health Systems

(a)    (1)    Each alternative health system as defined in § 1–401 of this article shall submit to the Board a report within 10 days after:
(i)    The alternative health system denied the formal application of a physician to contract with the alternative health system or limited, reduced, otherwise changed, or terminated the contract of a physician, or the physician resigned whether or not under formal accusation, if the denial, limitation, reduction, change, termination, or resignation is for reasons that might be grounds for disciplinary action under § 14–404 of this subtitle; or
(ii)    The alternative health system placed any other restrictions or conditions on any licensed physician for any reasons that might be grounds for disciplinary action under § 14–404 of this subtitle.
(2)    The alternative health system shall state in the report the reasons for its action or the nature of the formal accusation pending when the physician resigned.
(3)    The Board may extend the reporting time under this subsection for good cause shown.
(4)    The minutes or notes taken in the course of determining the denial, limitation, reduction, or termination of the employment contract of any physician in an alternative health system are not subject to review or discovery by any person.
(5)    The Board, in consultation with all interested parties, may adopt regulations to define:
(i)    Changes in employment or privileges that require reporting under this section; and
(ii)    Actions by licensees that are grounds for discipline and require reporting under this section.
(b)    The Board may enforce this section by subpoena.
(c)    Any person shall have the immunity from liability described under § 5–715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.
(d)    A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
(e)    (1)    A disciplinary panel may impose a civil penalty of up to $5,000 for failure to report under this section.
(2)    The Board shall remit any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-415 - Display of Notice Explaining Centers for Disease Control's Guidelines on Universal Precautions

If a physician is engaged in the private practice of medicine in this State, the physician shall display the notice developed under § 1-207 of this article conspicuously in each office where the physician is engaged in practice.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 4 - Disciplinary Actions › Section 14-416 - Courts to Report to Board

(a)    Each court shall report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a physician for any crime involving moral turpitude.
(b)    The court shall submit the report within 10 days after the conviction or entry of the plea.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-502 - Immunity From Civil Liability of Certain Persons Providing Information About Physicians

(a)    In this section, “the Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13-503 of the Education Article.
(b)    This section applies to:
(1)    MedChi;
(2)    A component medical society of MedChi;
(3)    A committee of MedChi or of a component medical society of MedChi;
(4)    A committee appointed by or established in the Maryland Institute for Emergency Medical Services Systems;
(5)    A hospital, related institution, or other health care facility staff committee;
(6)    A hospital, related institution, or other health care facility credentials committee or its equivalent;
(7)    The chief executive officer of a hospital, related institution, or other health care facility;
(8)    The dean of any medical school in this State;
(9)    A member of the Board;
(10)    A casualty insurer writing medical professional liability insurance in this State;
(11)    A utilization committee of:
(i)    A nonprofit health service plan; or
(ii)    A health insurer doing business in this State;
(12)    The chief executive officer of an alternative health system;
(13)    The medical director of an alternative health system;
(14)    A medical review committee appointed by or established in an alternative health system; and
(15)    A physician.
(c)    A person described in subsection (b) of this section shall have the immunity from liability described under § 5-638 of the Courts and Judicial Proceedings Article for giving information to any hospital, hospital medical staff, related institution, or other health care facility, alternative health system, professional society, medical school, or professional licensing board.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-503 - Advertising

(a)    A physician may not represent to the public that the physician is board certified unless:
(1)    The physician is board certified; and
(2)    The physician discloses the full name of the board from which the physician is certified and the name of the specialty or subspecialty in which the physician is certified.
(b)    A physician may advertise only as permitted by the rules and regulations of the Board and subject to subsection (a) of this section.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-504 - Acupuncture

(a)    This section does not apply to a dentist performing acupuncture in connection with the practice of dentistry if the dentist is licensed or otherwise authorized to practice dentistry under Title 4 of this article.
(b)    Unless licensed under Title 1A of this article, a physician shall be registered by the Board before the physician may perform acupuncture in this State.
(c)    The Board shall register to perform acupuncture any physician who meets the following requirements:
(1)    (i)    Successful completion of at least 200 hours of training in a program of study in acupuncture, including any examinations required under the program, approved for category 1 continuing medical education credit by an institution accredited or recognized by the Accreditation Council on Continuing Medical Education; or
(ii)    Successful completion of a course of study approved by the Board which includes at least 200 hours of instruction in:
1.    General and basic aspects of acupuncture;
2.    Specific uses and techniques of acupuncture; and
3.    Indications and contraindications of acupuncture administration;
(2)    Ability to communicate in the English language;
(3)    Payment of application and registration fees; and
(4)    Other reasonable conditions determined by the Board.
(d)    A physician who is registered under this section may perform acupuncture on or off the premises of the physician’s office.
(e)    A physician who performs acupuncture may advertise only as permitted by the rules and regulations of the Board.
(f)    The Board may adopt rules and regulations to carry out the provisions of this section.
(g)    Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of its quorum, may reprimand or place a physician who performs acupuncture on probation or suspend or revoke the registration of a physician for:
(1)    Any conduct prohibited under the provisions of this section or prohibited under any regulation adopted pursuant to the provisions of this section;
(2)    Except in an emergency life–threatening situation where it is not feasible or practicable, failing to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; or
(3)    Failing to display the notice required under subsection (h) of this section.
(h)    If a physician who performs acupuncture is engaged in the private practice of acupuncture in this State, the physician who performs acupuncture shall display the notice developed under § 1-207 of this article conspicuously in each office where the physician is engaged in practice.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-505 - Notice of Burn Treatments by Physicians

(a)    (1)    A licensed physician or registered nurse who is primarily responsible for the treatment of an individual for a burn injury described in paragraph (2) of this subsection shall as soon as practicable notify the county fire chief or administrator, or designee, or, if neither office exists, the State Fire Marshal or designee. If treatment occurs at a hospital, the treating physician or designee shall be responsible for giving the notice required by this section.
(2)    The provisions of paragraph (1) of this subsection apply to a burn injury:
(i)    Causing 2nd or 3rd degree burns to 5 percent or more of the patient’s body;
(ii)    To the upper respiratory tract or laryngeal edema caused by inhaling super-heated air;
(iii)    Which causes death; or
(iv)    Which is likely to cause death.
(3)    The provisions of paragraph (1) of this subsection do not apply to a sunburn.
(b)    Notice under this section shall include:
(1)    The name and address of the patient, if known;
(2)    A description of the burn injury;
(3)    The reported cause of the burn injury, if given;
(4)    The patient’s prognosis; and
(5)    Any other fact concerning the burn injury which might assist in detecting arson.
(c)    If an investigation is conducted after notification is given under subsection (a) of this section, the investigating agency shall report its findings on an incident reporting system report and send it to the State Fire Marshal’s office for retention.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-506 - Confidential Records of Faculty and Others

(a)    In this section, “the Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13–503 of the Education Article.
(b)    The following records and other information are confidential records:
(1)    Any record and other information obtained by MedChi, a component society of MedChi, the Maryland Institute for Emergency Medical Services Systems, a hospital staff committee, or a national medical society or group organized for research, if that record or information identifies any person; and
(2)    Any record of a proceeding or transaction before the entity or individual that contracts with the Board or one of its committees that relates to any investigation or report under § 14–401.1 of this title as to an allegation of grounds for disciplinary or other action.
(c)    Access to and use of any confidential record described in subsection (b) of this section is regulated by §§ 5–601 and 10–205(b) of the Courts Article.
(d)    This section does not restrict the publication of any statistics or other information that does not disclose the identity of any person.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-508 - Patient Notification of Lack or Lapse of Medical Professional Liability Insurance Coverage

(a)    Each licensee practicing medicine in the State shall notify a patient in writing if:
(1)    The licensee does not maintain medical professional liability insurance coverage; or
(2)    The licensee’s medical professional liability insurance coverage has lapsed for any period of time and the licensee’s coverage has not been renewed.
(b)    The written notification provided to the patient under subsection (a) of this section must be:
(1)    Provided:
(i)    At the first visit by the patient during any period in which the licensee does not maintain medical professional liability insurance, unless the visit is for the purpose of receiving incidental medical care that will be rendered free of charge; and
(ii)    As part of each informed consent obtained before any procedure or operation discussed or offered for the patient’s consideration is performed;
(2)    Signed by the patient at the time of the patient’s visit or the informed consent is signed; and
(3)    Retained by the licensee as part of the licensee’s patient records.
(c)    Each licensee practicing medicine in the State who does not maintain medical professional liability insurance coverage shall post this information in a conspicuous location in the licensee’s place of practice.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5 - Miscellaneous Provisions › Section 14-509 - Dispensing Topical Medication Without Dispensing Permit

(a)    In this section, “ACCME” means the Accrediting Council for Continuing Medical Education.
(b)    A physician may dispense a topical medication that is approved by the federal Food and Drug Administration for the treatment of hypotrichosis without obtaining a dispensing permit or completing the continuing education required under § 12–102(c)(2)(ii) of this article if the physician:
(1)    Otherwise complies with the requirements of § 12–102(c)(2)(ii) of this article; and
(2)    Has received a special class of written permit from the Board.
(c)    The Board may issue a special class of written permit to a physician under subsection (b) of this section if the physician:
(1)    Completes 1 hour of continuing medical education per year on the dispensing of topical medications developed by an ACCME–accredited Maryland nonprofit or governmental entity; and
(2)    Pays to the Board a $100 permit fee.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-02 - Scope of Subtitle

This subtitle does not limit:
(1)    The right of an individual to practice a health occupation that the individual is authorized to practice under this article; or
(2)    The right of a licensed home medical equipment provider to provide home medical equipment services as defined under Title 19, Subtitle 4A of the Health – General Article.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-04 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance of and renewal of licenses and the other services it provides to respiratory care practitioners.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to respiratory care practitioners, including the cost of providing a rehabilitation program for respiratory care practitioners under § 14–401.1(g) of this title.
(b)    (1)    The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller of the State.
(2)    The Comptroller shall distribute all fees to the Board established under § 14-201 of this title.
(c)    The fees shall be used 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 subtitle.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-06 - Respiratory Care Professional Standards Committee -- Membership

(a)    The Committee consists of seven members appointed by the Board as follows:
(1)    Three respiratory care practitioners;
(2)    Three physicians:
(i)    One of whom is a specialist in thoracic surgery;
(ii)    One of whom is a specialist in pulmonary medicine; and
(iii)    One of whom is a specialist in anesthesiology; and
(3)    One consumer member.
(b)    The consumer member of the Committee:
(1)    Shall be a member of the general public;
(2)    May not be or ever have been:
(i)    A respiratory care practitioner;
(ii)    Any health care professional; or
(iii)    In training to be a respiratory care practitioner or other health professional; and
(3)    May not:
(i)    Participate or ever have participated in a commercial or professional field related to respiratory care;
(ii)    Have a household member who participates in a commercial or professional field related to respiratory care;
(iii)    Have had within 2 years before appointment a financial interest in a person regulated by the Board; or
(iv)    Have had within 2 years before appointment a financial interest in the provision of goods or services to respiratory care practitioners or to the field of respiratory care.
(c)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    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.
(d)    (1)    From among its members, the Committee shall elect a chair once every 2 years.
(2)    The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-07 - Respiratory Care Professional Standards Committee -- Powers and Duties; Duties of Board

(a)    In addition to the powers set forth elsewhere in this subtitle, the Committee shall:
(1)    Develop and recommend to the Board regulations to carry out the provisions of this subtitle;
(2)    Develop and recommend to the Board a code of ethics for the practice of respiratory care for adoption by the Board;
(3)    If requested, develop and recommend to the Board standards of care for the practice of respiratory care;
(4)    Develop and recommend to the Board the requirements for licensure as a respiratory care practitioner;
(5)    Evaluate the credentials of applicants as necessary and recommend licensure of applicants who fulfill the requirements for a license to practice respiratory care;
(6)    Develop and recommend to the Board continuing education requirements for license renewal;
(7)    Provide the Board with recommendations concerning the practice of respiratory care;
(8)    Develop and recommend to the Board criteria related to the practice of respiratory care in the home setting;
(9)    Keep a record of its proceedings; and
(10)    Submit an annual report to the Board.
(b)    The Board shall:
(1)    Consider all recommendations of the Committee; and
(2)    Provide to the Committee an annual report on the disciplinary matters involving licensees.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-08 - Licenses -- in General

(a)    Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may practice respiratory care in this State.
(b)    This section does not apply to:
(1)    An individual employed by the federal government as a respiratory care practitioner while the individual is practicing within the scope of that employment;
(2)    A respiratory care practitioner student enrolled in an education program which is accredited by an approved accrediting organization while practicing respiratory care in the program; or
(3)    An individual practicing respiratory care who is licensed by and residing in another jurisdiction if:
(i)    The individual is participating in the transportation of a patient from that individual’s jurisdiction of licensure into the State;
(ii)    The individual practices respiratory care only during the transportation of the patient;
(iii)    The individual does not practice respiratory care on another individual who is not the patient being transported into the State; and
(iv)    The individual does not practice respiratory care in the State for more than a total of 14 days within a calendar year.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-09 - Qualifications for Licenses

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall be at least 18 years old.
(d)    The applicant shall:
(1)    Meet any educational, training, or examination requirements established by the Board including:
(i)    Graduation from an appropriate educational program as determined by the Board; and
(ii)    Certification by a national certifying board approved by the Board; and
(2)    Demonstrate oral and written competency in English as required by the Board.
(e)    The applicant shall complete a criminal history records check in accordance with § 14–308.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-10 - Applications for Licenses

To apply for a license, an applicant shall:
(1)    Complete a criminal history records check in accordance with § 14–308.1 of this title;
(2)    Submit an application to the Board on the form that the Board requires; and
(3)    Pay to the Board the application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-11 - Issuance of License

(a)    Subject to subsection (b) of this section, the Board shall issue the appropriate license to an applicant who meets the requirements of this subtitle for that license.
(b)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-14 - Change of Name or Address

(a)    A licensee shall notify the Board in writing of a change in name or address within 60 days after the change.
(b)    A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-17.1 - Review

(a)    (1)    Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.
(2)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
(b)    An order of the Board or a disciplinary panel may not be stayed pending review.
(c)    The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-18.1 - Individual Licensee Profiles -- Internet Posting

(a)    Following the filing of charges or notice of initial denial of a license application, the Board shall disclose the filing to the public on the Board’s Web site.
(b)    The Board shall create and maintain a public individual profile on each licensee that includes the following information:
(1)    A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5A–17 of this subtitle based on the charges or has rescinded the charges;
(2)    A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;
(3)    A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows about the disciplinary action;
(4)    A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5A–17(c) of this subtitle; and
(5)    The public address of the licensee.
(c)    In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.
(d)    The Board:
(1)    On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and
(2)    Shall maintain a Web site that serves as a single point of entry where all licensee profile information is available to the public on the Internet.
(e)    The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
(f)    The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-19 - Reinstatement

(a)    Subject to subsection (c) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may reinstate a revoked license.
(b)    A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:
(1)    Meets the requirements for reinstatement as established under this title; and
(2)    Completes a criminal history records check in accordance with § 14–308.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-21 - Misrepresentation

(a)    Unless authorized to practice respiratory care under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice respiratory care in this State.
(b)    Unless authorized to practice respiratory care under this subtitle, a person may not use the abbreviation “R.C.P.” or any other words, letters, or symbols with the intent to represent that the person practices respiratory care.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-22.1 - Employment of Individual Practicing Respiratory Care Without License Prohibited

(a)    Except as otherwise provided in this subtitle, a licensed physician may not employ or supervise an individual practicing respiratory care without a license.
(b)    Except as otherwise provided in this subtitle, a hospital, related institution, alternative health system, or employer may not employ an individual practicing respiratory care without a license.
(c)    A disciplinary panel may impose a civil penalty of up to $1,000 for a violation of this section.
(d)    The Board shall remit any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-23 - Violation; Penalties

(a)    A person who violates any provision of §§ 14–5A–20 through 14–5A–22.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(b)    A person who violates any provision of §§ 14–5A–20 through 14–5A–22.1 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.
(c)    The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5A - Respiratory Care Practitioners › Section 14-5A-25 - Termination of Subtitle

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act and subject to the termination of this title under § 14–702 of this title, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5B - Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance › Section 14-5B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Board of Physicians.
(c)    “Certification” means recognition of an individual who has satisfied certain standards required by a national certifying board.
(d)    “Committee” means the Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee of the Board.
(e)    Repealed.
(f)    “License” means a license issued by the Board to practice as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant.
(g)    “Licensed nuclear medicine technologist” means a nuclear medicine technologist who is licensed by the Board to practice nuclear medicine technology.
(h)    “Licensed radiation therapist” means a radiation therapist who is licensed by the Board to practice radiation therapy.
(i)    “Licensed radiographer” means a radiographer who is licensed by the Board to practice radiography.
(j)    “Licensed radiologist assistant” means an individual who is licensed to practice radiology assistance under the supervision of a licensed physician who:
(1)    Specializes in radiology; and
(2)    Is certified by:
(i)    The American Board of Radiology;
(ii)    The American Osteopathic Board of Radiology;
(iii)    The British Royal College of Radiology; or
(iv)    The Canadian College of Physicians and Surgeons.
(k)    “Licensee” means an individual who is licensed by the Board to practice as a radiation therapist, a radiographer, a nuclear medicine technologist, or radiologist assistant.
(l)    “National certifying board” means:
(1)    The American Registry of Radiologic Technologists;
(2)    The Nuclear Medicine Technology Certifying Board; or
(3)    Another certifying organization approved by the Board.
(m)    “Practice nuclear medicine technology” means to:
(1)    Prepare and administer radiopharmaceuticals to human beings; or
(2)    Conduct in vivo detection and measurement of radioactivity for medical purposes to assist in the diagnosis and treatment of disease or injury.
(n)    “Practice radiation therapy” means to perform tumor localization radiography and apply therapeutic doses of radiation for the treatment of disease or injury.
(o)    “Practice radiography” means to use ionizing radiation to:
(1)    Demonstrate portions of the human body to assist in the diagnosis or localization of disease or injury; or
(2)    Perform tumor localization radiography.
(p)    “Practice radiology assistance” means to practice radiography and to perform:
(1)    Fluoroscopy and selected radiology procedures;
(2)    Patient assessment; and
(3)    Patient management.
(q)    “Supervision” means the responsibility of a licensed physician to exercise on–site or immediately available direction for licensees.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5B - Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance › Section 14-5B-04 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance of and renewal of licenses and other services it provides to licensees.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to licensees, including the cost of providing a rehabilitation program for licensees under § 14–401.1(g) of this title.
(b)    (1)    The Board shall pay all fees collected under the provisions of this subtitle to the State Comptroller.
(2)    The Comptroller shall distribute all fees to the Board established under § 14–201 of this title.
(c)    The fees shall be used 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 subtitle.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5B - Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance › Section 14-5B-05 - Advisory Committee

(a)    There is a Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee within the Board.
(b)    (1)    The Committee consists of nine members appointed by the Board.
(2)    Of the nine members:
(i)    One shall be a licensed physician who specializes in radiology;
(ii)    One shall be a licensed physician who specializes in radiology and who supervises a radiologist assistant;
(iii)    One shall be a licensed physician who specializes in nuclear medicine;
(iv)    One shall be a licensed physician who specializes in radiation oncology;
(v)    One shall be a radiation therapist;
(vi)    One shall be a radiographer;
(vii)    One shall be a radiologist assistant;
(viii)    One shall be a nuclear medicine technologist; and
(ix)    One shall be a consumer member.
(c)    (1)    From among its members, the Committee shall elect a chair once every 2 years.
(2)    The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.
(d)    The consumer member of the Committee:
(1)    Shall be a member of the general public;
(2)    May not be or ever have been a health care professional or in training to be a health care professional; and
(3)    May not:
(i)    Participate or ever have participated in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance;
(ii)    Have a household member who participates in a commercial or professional field related to radiation therapy, radiography, nuclear medicine technology, or radiology assistance; or
(iii)    Have had within 2 years before appointment a financial interest in a person regulated by the Board.
(e)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered as required by regulation.
(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 2 consecutive full terms.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5B - Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance › Section 14-5B-06 - Powers and Duties of Committee and Board

(a)    In addition to the powers set forth elsewhere in this subtitle, the Committee shall:
(1)    Make recommendations to the Board on regulations necessary to carry out the provisions of this subtitle;
(2)    Make recommendations to the Board on a code of ethics for the practice of radiation therapy, the practice of radiography, the practice of nuclear medicine technology, and the practice of radiology assistance for adoption by the Board;
(3)    On request, make recommendations to the Board on standards of care for the practice of radiation therapy, the practice of radiography, the practice of nuclear medicine technology, and the practice of radiology assistance;
(4)    Make recommendations to the Board on the requirements for licensure as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant;
(5)    On request, review applications for licensure as a radiation therapist, radiographer, nuclear medicine technologist, or radiologist assistant and make recommendations to the Board;
(6)    Develop and recommend to the Board continuing education requirements for license renewal;
(7)    Advise the Board on matters related to the practice of radiation therapy, the practice of radiography, the practice of nuclear medicine technology, and the practice of radiology assistance;
(8)    Keep a record of its proceedings; and
(9)    Submit an annual report to the Board.
(b)    The Board shall:
(1)    Consider all recommendations of the Committee; and
(2)    Provide to the Committee an annual report on the disciplinary matters involving licensees.