reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-301 - License Required; Exceptions; Multistate Privileges

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice registered nursing in this State.
(b)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice licensed practical nursing in this State.
(c)    This section does not apply to:
(1)    A student enrolled in an approved education program while practicing registered nursing or licensed practical nursing in that program;
(2)    An individual employed by the federal government to practice registered nursing or licensed practical nursing while practicing within the scope of that employment, if the individual is authorized by any state to practice registered nursing or licensed practical nursing;
(3)    An individual permitted to practice registered nursing or licensed practical nursing under rules and regulations adopted by the Board, if the individual:
(i)    Otherwise has qualified to practice registered nursing or licensed practical nursing in any other state or country and is in this State temporarily; or
(ii)    Has an application for a license pending before the Board:
1.    But has not taken the examination required under this title;
2.    Has taken an examination under this title, but the results of the examination are not yet known; or
3.    Has taken and passed an examination under this title, but is waiting for the completion of the criminal history records check;
(4)    An individual who provides gratuitous care for friends, domestic partners, or family members; or
(5)    An individual who responds to a disaster situation in this State to practice registered nursing or licensed practical nursing, if:
(i)    The individual has an active unencumbered license to practice registered nursing or licensed practical nursing in another state and the individual is assigned by:
1.    The American Red Cross; or
2.    A member of the Maryland Emergency Management Assistance Compact under § 14–803 of the Public Safety Article;
(ii)    The Governor has declared a State of Emergency by Executive Order or proclamation in accordance with § 3–401 of the State Government Article; and
(iii)    The individual reports to the designated staging area in accordance with § 14–803(2)(b)(5)(iv) of the Public Safety Article.
(d)    A registered nurse or licensed practical nurse in a party state to the Nurse Multistate Licensure Compact shall hold a license in only one party state at a time, that is issued by the home state in accordance with Subtitle 7A of this title.
(e)    A registered nurse who has been granted multistate licensing privileges by a party state to the Nurse Multistate Licensure Compact set forth in Subtitle 7A of this title may practice registered nursing in the State.
(f)    A licensed practical nurse who has been granted multistate licensing privileges by a party state to the Nurse Multistate Licensure Compact set forth in Subtitle 7A of this title may practice practical nursing in the State.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-303 - Application to Central Repository for Criminal History Record Information

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)    Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(d)    (1)    If criminal history record information is reported to the Central Repository�after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.
(2)    The Board shall notify each applicant that:
(i)    The applicant’s fingerprints will be retained by the Central Repository; and
(ii)    All new and additional criminal information will be reported to the Board.
(3)    The Board may enter into an agreement with the Central Repository and the Federal Bureau of Investigation to carry out this subsection.
(e)    If an applicant has made two or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.
(f)    Information obtained from the Central Repository under this section shall be:
(1)    Confidential and may not be redisseminated; and
(2)    Used only for the licensing purpose authorized by this title.
(g)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-304 - Applications for Licenses

To apply for a license to practice registered nursing or licensed practical nursing, an applicant shall:
(1)    Submit to a criminal history records check in accordance with § 8–303 of this subtitle;
(2)    Submit to the Board:
(i)    An application on the form that the Board requires, including a current address;
(ii)    Written, verified evidence that the requirement of item (1) of this section is being met or has been met;
(iii)    Written, verified evidence of completion of the appropriate education requirements of § 8–302 of this subtitle; and
(iv)    Written, verified evidence satisfactory to the Board that the applicant’s primary state of residence is Maryland or a state that is not a party state to the Nurse Licensure Compact set forth in Subtitle 7A of this title; and
(3)    Pay to the Board the application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-305 - Examinations -- Registered Nurse or Licensed Practical Nurse

(a)    Except as otherwise provided in subsections (b) and (c) of this section, an applicant who otherwise qualifies for a license as a registered nurse or as a licensed practical nurse is entitled to be examined for that license as provided in this section.
(b)    An applicant whose primary state of residence is a party state to the Nurse Licensure Compact set forth in Subtitle 7A of this title, other than Maryland, is not entitled to be examined for a license as a registered nurse or licensed practical nurse in the State.
(c)    Subject to the hearing provisions of § 8–317 of this subtitle, the Board may deny the right to be examined for a license as a registered nurse or as a licensed practical nurse to any applicant who is found to have violated any provision of § 8–316 of this subtitle.
(d)    (1)    In this subsection, “preceptorship program” means:
(i)    An organized system of clinical experience that pairs a nursing student enrolled in a nursing education program that is recognized by the Board with a registered nurse who meets the qualifications as a preceptor for the purpose of attaining specified learning objectives; or
(ii)    An individualized and supervised clinical experience offered by an institution employing nurses that complies with the requirements for temporary licensure for the purpose of facilitating an inactive licensee to return to active practice in accordance with the requirements of paragraph (2) of this subsection.
(2)    An applicant whose nursing education program was completed 5 or more years prior to passing the licensure examination and who has not practiced for at least 1,000 hours in the previous 5 years may only be issued an inactive license until submission to the Board of satisfactory evidence that the applicant has successfully completed:
(i)    A nursing review course approved by the Board; or
(ii)    A preceptorship program approved by the Board.
(e)    (1)    Except as provided in paragraph (2) of this subsection, an applicant who fails an examination may retake the examination if the applicant pays the reexamination fee set by the Board for each reexamination.
(2)    The Board, by rule or regulation, may limit the number of times that an applicant may be reexamined after two failures and may limit the interval of time between reexaminations.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-307 - Examinations -- Waiver

(a)    Subject to the provisions of this section, the Board may issue a license by endorsement and waive any appropriate examination requirement of this title for an applicant who has an active unencumbered license to practice registered nursing or licensed practical nursing in any other state or country.
(b)    The Board may issue a license by endorsement under this section only if the applicant:
(1)    Submits to the Board an application on the form that the Board requires;
(2)    Submits to a criminal history records check in accordance with § 8–303 of this subtitle;
(3)    Pays the application fee set by the Board under § 8–304 of this subtitle; and
(4)    Provides adequate evidence that:
(i)    At the time the applicant graduated from a nursing education program approved in the other state or country, the applicant met the educational qualifications then required by the laws of this State;
(ii)    At the time the applicant became licensed or registered in the other state or country, the applicant passed in that or any other state or country an examination that was similar to the examination that then was given in this State; and
(iii)    The applicant meets the qualifications otherwise required by this title.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-308 - Issuance and Contents of Licenses; Criminal History Record Information

(a)    Subject to subsection (c) of this section, the Board shall license any applicant who meets the requirements for a license as:
(1)    A registered nurse under this title; or
(2)    A licensed practical nurse under this title.
(b)    (1)    The Board shall:
(i)    Issue each new licensee a license number and registration certificate that indicates that the initial license was issued by the Board; and
(ii)    Electronically record each license in the Board’s database and on the Board’s Web site.
(2)    Each license shall include:
(i)    Any expiration date;
(ii)    The type of license; and
(iii)    Any certification.
(c)    (1)    On receipt of the criminal history record information of an applicant for licensure or certification forwarded to the Board in accordance with § 8–303 of this subtitle, in determining whether to grant a license or a certificate, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, the Board may not issue a license or a certificate if the criminal history record information required under § 8–303 of this subtitle has not been received.
(ii)    The Board may grant a 90–day extension of a temporary license pending receipt of criminal history record information.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-309 - License -- Inactive Status

(a)    If an individual has been licensed by the Board to practice registered nursing or licensed practical nursing in this State in accordance with the requirements of this subtitle, the individual may be subsequently licensed as a registered nurse or as a licensed practical nurse on inactive status.
(b)    The Board shall place a licensee on inactive status and record the inactive status in the Board’s database and on the Board’s Web site if the licensee:
(1)    (i)    Has not satisfactorily completed 1,000 hours of active nursing practice within the 5–year period immediately preceding the date of anticipated renewal;
(ii)    Chooses inactive status; or
(iii)    Submits documentation of a medical condition that the Board determines will prevent the licensee from practicing as a registered nurse or licensed practical nurse;
(2)    (i)    Completes the biennial application for inactive status; and
(ii)    If applicable, provides documentation of a continuing medical condition; and
(3)    Pays the applicable fees as required by the Board.
(c)    A licensee on inactive status may not practice nursing in this State, but:
(1)    A registered nurse on inactive status may use the title “Registered Nurse”, or the abbreviation “RN”; and
(2)    A practical nurse on inactive status may use the title “Licensed Practical Nurse”, or the abbreviation “LPN”.
(d)    (1)    A licensee on inactive status may apply for reactivation of the license to practice nursing if the licensee:
(i)    Meets the renewal requirements of § 8–312 of this subtitle; and
(ii)    If applicable, submits documentation satisfactory to the Board that the medical condition for which the inactive status was granted no longer exists.
(2)    If a licensee meets the requirements of paragraph (1) of this subsection, the Board shall:
(i)    Record the status of the licensee as active in the Board’s database and on the Board’s Web site; and
(ii)    Reactivate the licensee’s license to practice nursing in this State.
(e)    (1)    If a licensee is granted inactive status because of a medical condition, the Board may not charge a fee to place the licensee on or remove the licensee from inactive status.
(2)    If a licensee is granted inactive status because of a medical condition, the inactive status:
(i)    May not be considered a disciplinary action under § 8–316 of this subtitle; and
(ii)    May not be reported to any certifying entity, employer, or insurance company as a disciplinary action.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-311 - Scope of Licensed Practical Nurse License

(a)    Subject to the provisions of this section, a license to practice licensed practical nursing authorizes the licensed practical nurse to practice licensed practical nursing while the license is effective.
(b)    (1)    The licensed practical nurse is a recognized member of the health professional team and performs an integral part of nursing.
(2)    Except as provided in the rules and regulations of the Board adopted under § 8-205 of this title, a licensed practical nurse may practice licensed practical nursing only in a team relationship with at least one licensed health professional who is not a licensed practical nurse.
(c)    A licensed practical nurse may administer treatment or medication only if the treatment or medication is prescribed by an individual who is authorized by law to prescribe medication or treatment.
(d)    A licensed practical nurse may teach or supervise commensurate with the education and demonstrated competencies of the licensed practical nurse.
(e)    A licensed practical nurse may practice practical nursing using only the name in which the license has been issued.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-314 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a licensed registered nurse, licensed practical nurse, or holder of a temporary license may not surrender the license.
(b)    The Board may require terms and conditions on an agreement with the licensee to accept surrender of the license.
(c)    An agreement to accept the surrender of a license is a final order of the Board and is a public record.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-315 - Temporary Licenses

(a)    The Board may issue a temporary license to any applicant who:
(1)    Submits to a criminal history records check in accordance with § 8–303 of this subtitle;
(2)    (i)    Is licensed by any other state; or
(ii)    Has taken and passed an examination under this title, but is waiting for the completion of the criminal history records check;
(3)    Submits to the Board:
(i)    An application on the form required by the Board;
(ii)    Written, verified evidence that the requirement of item (1) of this subsection is being met; and
(iii)    Any other document required by the Board; and
(4)    Pays the fee required by the Board.
(b)    (1)    A temporary license issued to an individual who is authorized to practice registered nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice registered nursing in this State while the temporary license is effective.
(2)    A temporary license issued to an individual who is authorized to practice licensed practical nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice licensed practical nursing in this State while the temporary license is effective.
(c)    (1)    A temporary license may not be renewed.
(2)    Unless the Board suspends or revokes a temporary license, each temporary license expires 90 days after the date of issue.
(3)    A temporary license may be extended up to an additional 90 days if the applicant is awaiting the completion of criminal history record information.
(4)    A temporary license may be extended every 90 days, provided that the total length of renewal does not exceed 12 months from the date the original temporary license was issued, if the applicant does not meet the practice requirement as provided for in regulation.
(d)    The Board shall revoke a temporary license if the criminal history record information forwarded to the Board in accordance with § 8–303 of this subtitle reveals that the applicant or licensee has been convicted or pled guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-317 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8–312 or § 8–316 of this subtitle or § 8–404, § 8–6C–20, or § 8–6D–10 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing.
(d)    The person may be represented at the hearing by counsel.
(e)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(f)    (1)    Over the signature of the president, the executive director, or the deputy director as authorized by the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(2)    If a person, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.
(g)    (1)    After the Board conducts an investigation under this title, the Board may issue an advisory letter to the licensee or holder of a multistate licensing privilege.
(2)    The Board may disclose an advisory letter issued under this subsection to the public.
(3)    The issuance of an advisory letter under this subsection may not:
(i)    Be considered a disciplinary action under § 8–316 of this subtitle; and
(ii)    Be reported to any licensing entity, employer, or insurance company as a disciplinary action.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-318 - Review

(a)    Except as provided in this section for an action under § 8–316 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 8–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    A Board decision may not be stayed while judicial review is pending.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-319 - Reinstatement of Suspended or Revoked Licenses

(a)    If a license was suspended or revoked for a period of more than 1 year, or if a period of more than 1 year has passed since a license was surrendered, the Board may reinstate the license if the licensee:
(1)    Applies to the Board for reinstatement;
(2)    Meets the requirements for renewal under § 8–312 of this subtitle;
(3)    Meets any other requirements for reinstatement as established by the Board; and
(4)    Submits to a criminal history records check in accordance with § 8–303 of this subtitle.
(b)    If a licensee meets the requirements of subsection (a) of this section, the Board may:
(1)    Reinstate the license;
(2)    Reinstate the license subject to terms and conditions that the Board considers necessary, including a period of probation; or
(3)    Deny reinstatement of the license.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-320 - Confidentiality of Board Records

(a)    Except by the express stipulation and consent of all parties to a proceeding before the Board or any of its investigatory bodies, in a civil action, the proceedings, records, and files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence.
(b)    This section does not apply to a civil action brought by a party to a proceeding before the Board who claims to be aggrieved by the decision of the Board.
(c)    If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of the record or exhibit in a proceeding before the Board or any of its investigatory bodies does not prevent its production in any other proceeding.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-321 - Disclosure to Health Occupations Regulatory Boards Permitted

(a)    The Board may disclose any information contained in the proceedings, records, and files of the Board to any health occupation regulatory board of the State or another state if the health occupation regulatory board requests the information in writing.
(b)    A health occupation regulatory board that receives information from the Board under subsection (a) of this section may not redisclose the information without the consent of the Board.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 3 - Licensing › Section 8-322 - Authority of Board

(a)    The authority of the Board established under this subtitle:
(1)    Vests with the Board at the time an individual applies for licensure or to practice under the multistate licensing privilege;
(2)    Continues during periods of licensure; and
(3)    Includes authority over an individual holding an expired license, a lapsed license, or a temporary license that has expired under § 8–315(c) of this subtitle.
(b)    The authority of the Board shall be continuous over an individual applicant, licensee, or holder of a multistate licensing privilege and may not be divested by withdrawal of an application, when a license expires or lapses, or when a temporary license expires.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 4 - Approved Nursing Education Programs › Section 8-401 - Miscellaneous Powers and Duties of Board

(a)    The Board may approve any registered nursing or licensed practical nursing education program at an institution in this State.
(b)    The Board shall:
(1)    Keep a list of institutions in this State that currently have an approved registered nursing or licensed practical nursing education program;
(2)    Set standards for approval of education programs for registered nurses and licensed practical nurses at institutions in this State;
(3)    Determine the Maryland passing rate for the national nurse licensure examination each year;
(4)    Evaluate the need for an education program for registered nurses or licensed practical nurses in the geographic area in which the program is proposed to be located; and
(5)    Survey approved nursing education programs as it considers necessary.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 4 - Approved Nursing Education Programs › Section 8-402 - Initial Approval Required; Requirements

Before an institution conducts a registered nursing or licensed practical nursing education program in this State, the institution shall obtain approval from:
(1)    The Board by submitting evidence that it is prepared to:
(i)    Carry out a program in registered nursing education or licensed practical nursing education; and
(ii)    Meet the standards established by the Board under this title; and
(2)    The appropriate State education board.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 4 - Approved Nursing Education Programs › Section 8-403 - General Survey

(a)    The Board shall have its representatives survey:
(1)    Each registered nursing and licensed practical nursing program when the program is first established in this State; and
(2)    From time to time, each existing registered nursing and licensed practical nursing program in this State.
(b)    The representatives who make the survey shall submit a written report to the Board.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 4 - Approved Nursing Education Programs › Section 8-404 - Removal From Approved List

(a)    Except as provided in subsection (b) of this section, the Board may remove an institution from its list of institutions that offer approved nursing education programs in this State if the institution violates the standards set under this title or by the Board.
(b)    (1)    At least 30 days before the Board may issue a formal notice of violation to an institution, the Board shall notify the chief administrator of the institution and the chief administrator of the nursing education program of the institution that the Board is considering issuing a formal notice of violation.
(2)    During the 30-day period provided in paragraph (1) of this subsection, the Board shall provide the chief administrator of the institution and the chief administrator of the nursing education program an opportunity to meet with representatives of the Board.
(c)    Any action taken under this section shall be in accordance with the hearing and administrative and judicial review provisions of §§ 8-316 and 8-317 of this title.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-502 - Specific Task Advisory Committees

(a)    The Board shall appoint or recognize specific task advisory committees.
(b)    Each advisory committee consists of at least three members appointed by the Board.
(c)    Each committee member shall have expertise in the specific problem or area of nursing practice that is under investigation.
(d)    Each member of a committee is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(e)    Each advisory committee shall:
(1)    Help the Board to forecast directions in nursing practice;
(2)    Help the Board evaluate the impact of identified issues on nursing practice; and
(3)    Make recommendations to the Board when appropriate.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-503 - Peer Advisory Committee

(a)    The Board may appoint peer advisory committees to provide the Board with expert advice related to the practice of nursing by advance practice nurses.
(b)    A member of a peer advisory committee is entitled to receive:
(1)    Compensation, as determined by the Board; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-504 - Employer to Report About Licensees

(a)    (1)    In this section, “employer” means:
(i)    A public employer;
(ii)    A private employer; or
(iii)    An employment agency.
(2)    “Employer” does not include a private employer who employs a licensee for personal or family use.
(b)    On the request of the Board, an employer shall report the name and license number of each licensee employed or placed to practice registered nursing, licensed practical nursing, or certified midwifery.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-505 - Report of Certain Actions or Conditions

(a)    Except as provided in subsection (b) of this section, the following applies:
(1)    If a nursing administrator, a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a certified nursing assistant knows of an action or condition that might be grounds for action under § 8–316 or Subtitle 6A of this title, the nursing administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant shall report the action or condition to the Board; and
(2)    An individual shall have the immunity from liability described under § 5–709 of the Courts and Judicial Proceedings Article for making a report as required by this subsection.
(b)    If a nurse administrator, a registered nurse, an advanced practice registered nurse, a licensed practical nurse, or a certified nursing assistant has reason to know that a licensee or certificate holder has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or certificate holder or suspension or revocation of the license under § 8–316 or § 8–6A–10 of this title because the licensee or certificate holder has a substance use disorder, the nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant is not required to report the licensee or certificate holder to the Board if:
(1)    The nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant knows that the licensee or certificate holder is in an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations, is certified by the Department, or is under the care of a health care practitioner who is competent and capable of dealing with substance use disorder;
(2)    The nurse administrator, registered nurse, advanced practice registered nurse, licensed practical nurse, or certified nursing assistant is able to verify that the licensee or certificate holder remains in the treatment program until discharge; and
(3)    The action or condition of the licensee or certificate holder has not caused injury to any individual while the licensee is practicing registered nursing or licensed practical nursing or the certificate holder is working as an advanced practice registered nurse or a nursing assistant.
(c)    An individual is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of patient substance use disorder records.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-508 - Preparation and Dispensing of Drugs by Nurse Practitioners

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Nurse practitioner” means a registered nurse who is:
(i)    Certified as a nurse practitioner; and
(ii)    Authorized to prescribe drugs under regulations adopted by the Board.
(3)    “Starter dosage” means an amount of drug sufficient to begin therapy:
(i)    Of short duration of 72 hours or less; or
(ii)    Prior to obtaining a larger quantity of the drug to complete therapy.
(4)    “Personally prepare and dispense” means that a nurse practitioner:
(i)    Is physically present on the premises where the prescription is filled; and
(ii)    Performs a final check of the prescription before it is provided to the patient.
(b)    A nurse practitioner may personally prepare and dispense a starter dosage of any drug the nurse practitioner is authorized to prescribe to a patient of the nurse practitioner if:
(1)    The starter dosage complies with the labeling requirements of § 12–505 of this article;
(2)    No charge is made for the starter dosage; and
(3)    The nurse practitioner enters an appropriate record in the patient’s medical record.
(c)    In accordance with the provisions of subsection (d) of this section, a nurse practitioner may personally prepare and dispense any drug that a nurse practitioner may prescribe to the extent permitted by law in the course of treating a patient at:
(1)    A medical facility or clinic that specializes in the treatment of medical cases reimbursable through workers’ compensation insurance;
(2)    A medical facility or clinic that is operated on a nonprofit basis;
(3)    A health center that operates on a campus of an institution of higher education;
(4)    A public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds; or
(5)    A nonprofit hospital or a nonprofit hospital outpatient facility as authorized under the policies established by the hospital.
(d)    A nurse practitioner who personally prepares and dispenses a drug in the course of treating a patient as authorized under subsection (c) of this section shall:
(1)    Comply with the labeling requirements of § 12–505 of this article;
(2)    Record the dispensing of the prescription drug on the patient’s chart;
(3)    Allow the Office of Controlled Substances Administration to enter and inspect the nurse practitioner’s office at all reasonable hours; and
(4)    Except for starter dosages or samples dispensed without charge, provide the patient with a written prescription, maintain prescription files, and maintain a separate file for Schedule II prescriptions for a period of at least 5 years.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-509 - Law Enforcement Agency to Notify Board of Complaints

(a)    In this section, “law enforcement agency” includes:
(1)    A State, county, or municipal police department or agency;
(2)    A sheriff’s office;
(3)    A State’s Attorney’s office; and
(4)    The Office of the Attorney General.
(b)    A law enforcement agency that receives a complaint of death or bodily harm allegedly caused by a nurse who holds a license or certificate under this title shall notify the Board of the complaint.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 5 - Miscellaneous Provisions › Section 8-510 - Demonstration Studies to Evaluate Regulation Changes

(a)    The Board may conduct a demonstration study to evaluate a proposed change to regulations regarding nursing practices or the activities of nursing assistants, dialysis technicians, or medication technicians in a practice setting.
(b)    A demonstration study enables the Board, in a controlled practice setting, to determine:
(1)    The safety of the proposed practice or activity; and
(2)    The appropriate education or training requirements for a proposed practice or activity.
(c)    (1)    The Board shall:
(i)    Approve the demonstration study design; and
(ii)    Select the testing facilities.
(2)    The Board may waive selected nursing practice requirements during a demonstration study.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6 - Special Nurse Midwife Provisions › Section 8-601 - "Practice Nurse Midwifery" Defined

In this subtitle:
(1)    “Practice nurse midwifery” means the management and care of essentially normal newborns and of essentially normal women antepartally, intrapartally and postpartally.
(2)    “Practice nurse midwifery” includes:
(i)    Family planning and well woman reproductive care;
(ii)    The prescribing of substances commonly used in the practice of nurse midwifery;
(iii)    The prescribing of controlled substances on Schedules II, III, IV, and V commonly used in the practice of nurse midwifery; and
(iv)    The dispensing of the substances prescribed in accordance with the provisions of subparagraphs (ii) and (iii) of this paragraph in the course of treating a patient at:
1.    A medical facility or clinic that is operated on a nonprofit basis;
2.    A health center that operates on a campus of an institution of higher education; or
3.    A public health facility, a medical facility under contract with a State or local health department, or a facility funded with public funds.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6 - Special Nurse Midwife Provisions › Section 8-603 - Individuals Licensed on June 30, 1981

An individual who on June 30, 1981 is licensed as a nurse midwife by this State is governed by this title and any other provisions that concern additional acts in the practice of registered nursing that relate to the practice of nurse midwifery.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-03 - Certification Prerequisite to Representation; Registration of Certified Medication Technicians

(a)    An individual shall be certified as a nursing assistant by the Board before the individual may:
(1)    Use the title “certified nursing assistant”;
(2)    Use the initials “C.N.A.” after the name of the individual; or
(3)    Represent to the public that the individual is certified as a nursing assistant.
(b)    An individual shall be certified as a medication technician by the Board before the individual may:
(1)    Use the title “certified medication technician”;
(2)    Use the initials “C.M.T.” after the name of the individual; or
(3)    Represent to the public that the individual is certified as a medication technician.
(c)    An individual shall be certified as a dialysis technician by the Board before the individual may:
(1)    Use the title “certified dialysis technician”;
(2)    Use the initials “C.D.T.” after the name of the individual; or
(3)    Represent to the public that the individual is a certified dialysis technician.
(d)    An individual may not practice, attempt to practice, or offer to practice as a certified dialysis technician or a certified medication technician without certification from the Board.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-04 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of certificates and other services it provides to certified nursing assistants, certified dialysis technicians, and certified medication technicians.
(2)    The fees charged shall be set to produce funds to approximate the cost of maintaining the certification program and the other services provided to certified nursing assistants, certified dialysis technicians, and certified medication technicians.
(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 the fees to the State Board of Nursing Fund established under § 8–206 of this title.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-06 - Certification by Endorsement

Every applicant for certification by endorsement shall:
(1)    Pay the required application fee;
(2)    Submit the information required by the Board in the manner and form specified by the Board; and
(3)    Submit written evidence that the applicant:
(i)    Is certified to practice as a nursing assistant or dialysis technician by another state or territory of the United States with requirements that are essentially similar to the requirements for certification established in this subtitle and that the certification is in good standing;
(ii)    Has not committed any act or omission that would be grounds for discipline or denial of certification under this subtitle;
(iii)    Has successfully completed nursing assistant training or dialysis technician training that meets the standards for an approved nursing assistant training program or dialysis technician training program established under this subtitle and the standards adopted by the Board; and
(iv)    Has no record of abuse, negligence, or misappropriation of a resident’s property or any disciplinary action taken or pending in any other state or territory of the United States against the certification of the nursing assistant or dialysis technician in the state or territory.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-09 - Failure to Renew Certificate in Timely Manner; Penalty

(a)    The Board may impose a civil fine not exceeding $50 on a certified nursing assistant, a certified dialysis technician, or a certified medication technician who fails to renew a certificate within 30 days after its expiration date and practices as a certified nursing assistant, certified dialysis technician, or certified medication technician during the period of expiration.
(b)    The Board shall pay any penalty collected under this section to the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-10.1 - Hearing

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8–6A–10 of this subtitle, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, to the last known address of the individual at least 30 days before the hearing.
(d)    The individual may be represented at the hearing by counsel.
(e)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
(f)    (1)    Over the signature of the president, the executive director, or the deputy director as authorized by the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.
(2)    If an individual, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.
(g)    (1)    After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the certificate holder.
(2)    The Board may disclose an advisory letter issued under this subsection to the public.
(3)    The issuance of an advisory letter under this subsection:
(i)    May not be considered a disciplinary action under § 8–6A–10 of this subtitle; and
(ii)    May not be reported to any certifying entity, employer, or insurance company as a disciplinary action.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-11 - Review

(a)    Any person aggrieved by a final decision of the Board under § 8–6A–10 of this subtitle may only take a direct judicial appeal as allowed by the Administrative Procedure Act.
(b)    A Board decision may not be stayed while judicial review is pending.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-12 - Surrender of Certificate

(a)    Unless the Board agrees to accept the surrender of a certificate, a certified nursing assistant, certified dialysis technician, or certified medication technician may not surrender the certificate.
(b)    The Board may require terms and conditions on an agreement with the certified nursing assistant, certified dialysis technician, or certified medication technician to accept surrender of the certificate.
(c)    An agreement to accept the surrender of a certificate is a final order of the Board and is a public record.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6A - Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians › Section 8-6A-14 - Nursing Assistant Training Program

(a)    The Board, in conjunction with the Maryland Higher Education Commission, shall approve each nursing assistant training program prior to its implementation and provide periodic survey of all programs in the State.
(b)    The Board in conjunction with the Department, Maryland Higher Education Commission, and the affected industry shall develop regulations for nursing assistant training programs.
(c)    The curriculum content for an approved nursing assistant training program shall include:
(1)    Content consistent with State licensing requirements in the Health - General Article and all federal requirements;
(2)    All basic skills required of a nursing assistant regardless of the setting of the practice; and
(3)    Any skills required for certification in a specific category.
(d)    Any additional clinical practice skills specific to a setting of practice shall be taught in that setting as a part of the employment training process in that setting.
(e)    The Board may make survey visits from time to time, without prior notice, to all certified nursing assistant training programs.
(f)    The provisions of this section may not be interpreted to impose additional requirements for geriatric nursing assistants beyond those required under federal law.
(g)    The Board shall approve the use of a nursing assistant training site by a nursing assistant training program within 45 days after the nursing assistant training program applies for approval if the nursing assistant training program had previously been approved to use the training site by the Board.