reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-302.1 - Information to Be Submitted to Central Repository; Confidentiality

(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)    One complete set of legible fingerprints taken in a manner 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 10–229 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)    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.
(e)    Information obtained from the Central Repository under this section:
(1)    Is confidential;
(2)    May not be redisseminated; and
(3)    Shall be used only for the licensing purpose authorized by this title.
(f)    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 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-303 - Waiver of Education and Experience Requirements

(a)    (1)    The Board shall waive the education and experience requirements of § 10-302(d) of this subtitle for an applicant for an occupational therapist license:
(i)    Who applied for a license before July 1, 1979;
(ii)    Whose principal residence is in this State;
(iii)    Who presents to the Board satisfactory evidence that the applicant practiced occupational therapy in this State for at least 2 years before July 1, 1979; and
(iv)    Who has a baccalaureate degree in a health science from an accredited college or university.
(2)    Except for an applicant who was licensed as an occupational therapy assistant under subsection (b) of this section, the Board shall waive the education requirements of § 10-302(d) of this subtitle for an applicant for an occupational therapist license who has:
(i)    Practiced limited occupational therapy for at least 4 years either as a licensed occupational therapy assistant or as an occupational therapy assistant certified by the American Occupational Therapy Association; and
(ii)    Had at least 6 months full-time supervised field work experience.
(b)    The Board shall waive the requirements of § 10-302(e) of this subtitle for an applicant for an occupational therapy assistant license:
(1)    Who applied for a license before July 1, 1979;
(2)    Whose principal residence is in this State;
(3)    Who presents to the Board satisfactory evidence that the applicant has practiced limited occupational therapy in this State for at least 2 years before July 1, 1979; and
(4)    Who has a high school diploma or has completed successfully a high school equivalency examination or program.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-304 - Applications for Licenses

(a)    To apply for a license, an applicant shall:
(1)    Submit an application to the Board in the form required by the Board;
(2)    Pay to the Board the application fee set by the Board; and
(3)    Submit to a State and national criminal history records check in accordance with § 10–302.1 of this subtitle.
(b)    If an applicant is required under this title to take an examination, the applicant shall submit the application and fee at least 30 days before the date of the examination that the applicant is required to take.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-305 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    The Board shall give examinations at least twice a year, at the times and places that the Board determines, to applicants for:
(1)    An occupational therapist license; and
(2)    An occupational therapy assistant license.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    (1)    The Board shall determine the subjects, scope, form, and standards for acceptable performance for examinations given under this subtitle.
(2)    The subjects examined shall include:
(i)    The basic and clinical sciences that relate to occupational therapy;
(ii)    The theory and practice of occupational therapy;
(iii)    The professional skills used in the practice of occupational therapy or limited occupational therapy; and
(iv)    Judgment in using occupational therapy techniques and methods.
(e)    In accordance with the rules and regulations of the Board, an applicant may obtain the applicant’s score and review the applicant’s examination papers.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-306 - Waiver of Examination Requirement

(a)    Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for an applicant who is licensed in any other state to practice:
(1)    Occupational therapy; or
(2)    Limited occupational therapy or its equivalent.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Pays the application fee set by the Board under § 10-304 of this subtitle; and
(2)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this title; and
(ii)    Became licensed in the other state after meeting requirements in that or any other state that are at least equivalent to the requirements of this State.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-307 - Waiver -- Nationally Certified Applicants

(a)    Subject to the provisions of this subsection, the Board shall waive the appropriate examination requirement of this title for an applicant who:
(1)    Pays the application fee set by the Board under § 10-304 of this subtitle; and
(2)    (i)    If applying for an occupational therapist license, was certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.) at any time before July 1, 1979; or
(ii)    If applying for an occupational therapy assistant license, was certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.) at any time before July 1, 1979.
(b)    The Board may grant a waiver of the appropriate examination requirement of this subtitle to an applicant for an occupational therapist license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.), or to an applicant for an occupational therapy assistant license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.), only if the applicant:
(1)    Pays the application fee set by the Board under § 10-304 of this subtitle; and
(2)    Provides adequate evidence that the applicant became certified after meeting requirements that are at least equivalent to the licensing requirements of this State.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-308 - Issuance of License

(a)    Subject to subsection (d) of this section, the Board shall license an applicant who meets the requirements of this title for that license.
(b)    (1)    The Board shall maintain an electronic roster of each individual licensed by the Board.
(2)    The roster shall be available for the purpose of electronically verifying licensure through the Board’s website or a mobile application issued by the Board.
(3)    Individuals without access to the Board’s website or the mobile application may contact the Board to verify a license.
(c)    Licensees shall present evidence of licensure to:
(1)    An employer as part of the employment process; and
(2)    A client at the request of the client or the client’s designated decision maker.
(d)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 10–302.1 of this subtitle, in determining whether to grant 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)    Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not license an applicant if the criminal history record information required under § 10–302.1 of this subtitle has not been received.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-310 - Scope of Occupational Therapy Assistant License

(a)    Subject to subsection (b) of this section, an occupational therapy assistant license authorizes the licensee to practice limited occupational therapy while the license is effective.
(b)    A licensed occupational therapy assistant may practice limited occupational therapy only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this State.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-312 - Reinstatement Upon Failure to Renew

The Board may reinstate the license of an occupational therapist or an occupational therapy assistant who has failed to renew the license for any reason, and who applies for reinstatement more than 30 days after the license renewal deadline, if the occupational therapist or occupational therapy assistant:
(1)    Meets the renewal requirements of § 10-311 of this subtitle;
(2)    Pays to the Board the reinstatement fee set by the Board;
(3)    Provides documentation of successfully completing the continuing education requirements established by the Board; and
(4)    Completes any other requirements established by regulation.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-313 - Temporary Licenses

(a)    The Board may issue a temporary license to an applicant who, except for passing an examination otherwise required under this subtitle, has met the appropriate education and experience requirements of this subtitle for an occupational therapist license or an occupational therapy assistant license under § 10-302 of this subtitle.
(b)    (1)    A temporary license issued to an occupational therapist authorizes the holder to practice occupational therapy only under the on-site supervision of an occupational therapist who is authorized to practice in this State.
(2)    A temporary license issued to an occupational therapy assistant authorizes the holder to practice limited occupational therapy only under the on-site supervision of an occupational therapist or an occupational therapy assistant who is authorized to practice in this State.
(c)    A temporary license is valid until:
(1)    Notification of expiration by the Board for the licensee’s failure to successfully complete the exam;
(2)    Notification of suspension for the licensee’s failure to submit exam results to the Board; or
(3)    Notification of permanent licensure.
(d)    The Board may not issue more than two temporary licenses to an individual.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-314 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a licensed occupational therapist, licensed occupational therapy assistant, or holder of a limited or temporary license may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
(b)    The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-315 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

Subject to the hearing provisions of § 10–316 of this subtitle, the Board may deny a license or temporary license to any applicant, reprimand any licensee or holder of a temporary license, place any licensee or holder of a temporary license on probation, or suspend or revoke a license or temporary license if the applicant, licensee, or holder:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license or temporary license for the applicant, licensee, or holder or for another;
(2)    Fraudulently or deceptively uses a license or temporary license;
(3)    Commits any act of gross negligence, incompetence, or misconduct in the practice of occupational therapy or limited occupational therapy;
(4)    Knowingly violates any provision of this title;
(5)    Violates any rule or regulation of the Board, including any code of ethics adopted by the Board;
(6)    Is convicted of or pleads 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;
(7)    Aids or abets an unauthorized individual in the practice of occupational therapy or limited occupational therapy;
(8)    Provides professional services while:
(i)    Under the influence of alcohol; or
(ii)    Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(9)    Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(10)    Willfully makes or files a false report or record in the practice of occupational therapy or limited occupational therapy;
(11)    Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(12)    Submits a false statement to collect a fee;
(13)    Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; or
(14)    Fails to submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-316 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 10-315 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    (1)    The Board chairman may delegate the authority to conduct a hearing to a committee consisting of two or more Board members.
(2)    The committee shall:
(i)    Hold an evidentiary hearing; and
(ii)    Prepare a recommended decision for consideration by a quorum of the Board.
(3)    The committee shall give notice to the individual of the opportunity to file exceptions and present argument to the Board regarding the recommended decision.
(c)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(d)    The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 30 days before the hearing.
(e)    The individual may be represented at the hearing by counsel.
(f)    Over the signature of an officer or the administrator 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.
(g)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(h)    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.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-317 - Review

(a)    Except as provided in this section for an action under § 10–315 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 § 10–315 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-317.1 - Injunctions

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of occupational therapy or limited occupational therapy; or
(2)    Conduct that is grounds for disciplinary action under § 10-315 of this subtitle.
(b)    An action under this section may be brought by:
(1)    The Board;
(2)    The Attorney General, in the name of the State; or
(3)    A State’s Attorney in the name of the State.
(c)    An action under this section may be brought in the county where:
(1)    The defendant resides; or
(2)    The defendant engaged in the act sought to be enjoined.
(d)    Proof that damage or possible damage will be incurred if an injunction is not granted is not required for an action under this section.
(e)    An action under this section does not preclude a criminal prosecution for the unauthorized practice of occupational therapy under § 10-401 of this title or disciplinary action under § 10-315 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-319 - Impaired Occupational Therapist Professionals Committees

(a)    In this section, “impaired occupational therapist professionals committee” means a committee that:
(1)    Is defined in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (d) of this section.
(b)    For purposes of this section, an impaired occupational therapist professionals committee is a committee of the Board or a committee of the Maryland Occupational Therapy Association that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to occupational therapists.
(c)    An impaired occupational therapist professionals committee of the Board or recognized by the Board may function:
(1)    Solely for the Board; or
(2)    Jointly with an impaired professionals committee representing another board or boards.
(d)    For purposes of this section, an impaired occupational therapist professionals committee evaluates and provides assistance to any occupational therapist or occupational therapy assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the impaired occupational therapist professionals committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the impaired occupational therapist professionals committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the impaired occupational therapist professionals committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(f)    A person who acts in good faith and within the scope of jurisdiction of an impaired occupational therapist professionals committee is not civilly liable for any action as a member of the impaired occupational therapist professionals committee or for giving information to, participating in, or contributing to the function of the impaired occupational therapist professionals committee.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 10-401 - Practicing Without License

(a)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice occupational therapy in this State unless licensed to practice occupational therapy by the Board.
(b)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice limited occupational therapy in this State unless licensed to practice limited occupational therapy by the Board.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 10-402 - Misrepresentation -- Occupational Therapist

(a)    Unless authorized to practice occupational therapy under this title, 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 occupational therapy in this State.
(b)    Unless authorized to practice occupational therapy under this title, a person may not use the credentialing abbreviation “O.T.” or any other words, letters, or symbols with the intent to represent that the person practices occupational therapy.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 10-403 - Misrepresentation -- Limited Occupational Therapist

(a)    Unless authorized to practice limited occupational therapy under this title, 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 limited occupational therapy in this State.
(b)    Unless authorized to practice limited occupational therapy under this title, a person may not use the credentialing abbreviation “O.T.A.” or any other words, letters, or symbols with the intent to represent that the person practices limited occupational therapy.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 4 - Prohibited Acts; Penalties › Section 10-404 - Providing Occupational Therapy

A person may not provide, attempt to provide, offer to provide, or represent that the person provides occupational therapy unless the occupational therapy is provided by an individual who is authorized to practice occupational therapy or limited occupational therapy under this title.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 1 - Definitions; General Provisions › Section 11-102 - Scope of Title

(a)    This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
(b)    This title does not affect the right of:
(1)    An optician to provide glasses on the prescription of a licensed optometrist or a physician who is authorized to practice medicine under Title 14 of this article; or
(2)    A dealer to sell eyeglasses or lenses if the dealer does not practice or claim to practice optometry.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-202 - Membership

(a)    (1)    The Board consists of 7 members.
(2)    Of the 7 members:
(i)    Five shall be licensed optometrists; and
(ii)    Two shall be consumer members.
(3)    The Governor shall appoint the optometrist members, with the advice of the Secretary, from a list submitted to the Secretary by the Maryland Optometric Association.
(4)    The number of names on the list shall be three times the number of vacancies.
(5)    For each optometrist vacancy, the Maryland Optometric Association shall:
(i)    Notify all licensed optometrists in the State of the vacancy to solicit nominations to fill the vacancy; and
(ii)    Conduct a balloting process where every licensed optometrist is eligible to vote to select the names of the licensed optometrists that will be submitted to the Governor.
(6)    The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
(b)    For at least 5 years before appointment, each optometrist member of the Board shall have:
(1)    Resided in this State; and
(2)    Practiced optometry actively and continuously in this State.
(c)    The consumer members of the Board:
(1)    Shall be a member of the general public;
(2)    May not be or ever have been an optometrist or in training to become an optometrist;
(3)    May not have a household member who is an optometrist or in training to become an optometrist;
(4)    May not participate or ever have participated in a commercial or professional field related to optometry;
(5)    May not have a household member who participates in a commercial or professional field related to optometry; and
(6)    May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
(d)    While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
(e)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f)    (1)    The term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1982.
(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.
(5)    To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
(6)    A member may not serve more than 2 consecutive full terms.
(g)    (1)    The Governor may remove a member for incompetence or misconduct.
(2)    Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-203 - Officers

(a)    From among its members, the Board every 2 years shall elect a president, a secretary, and a treasurer.
(b)    The Board shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the members then serving on the Board is a quorum.
(b)    The Board shall meet:
(1)    At least twice a year, at the times and places that it determines; and
(2)    When requested by the Secretary.
(c)    In accordance with the budget of the Board, each member of the Board is entitled to:
(1)    Compensation, at a rate determined by the Board, for each day on which the member is engaged in the duties of the member’s office; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    The Board may employ a staff in accordance with the budget of the Board.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board has the following powers:
(1)    Each member of the Board may administer oaths and take affidavits for any matter under the jurisdiction of the Board; and
(2)    The Board may adopt rules and regulations to carry out the provisions of this title.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Keep a current list showing all:
(i)    Licensed optometrists;
(ii)    Optometrists who are on inactive status;
(iii)    Diagnostically certified optometrists;
(iv)    Therapeutically certified optometrists; and
(v)    Optometrists against whom action has been taken under § 11–313 of this title;
(2)    Keep a full record of its proceedings;
(3)    Adopt an official seal; and
(4)    Investigate an alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-206 - Power to Require Physical or Mental Examination of Licensee

(a)    In connection with any investigation of charges under § 11-313 of this title, the Board may request the licensee to submit to an appropriate physical or mental examination by a licensed physician designated by the Board.
(b)    In return for the privilege given to a licensee to practice optometry in this State, the licensee is deemed to have:
(1)    Consented to submit to an examination under this section, if requested by the Board in writing; and
(2)    Waived any claim or privilege as to the testimony or examination reports of the examining physician.
(c)    At any disciplinary hearing before the Board, the failure or refusal of the licensee to submit to an examination under this section is prima facie evidence of the licensee’s inability to practice optometry competently, unless the Board finds that the failure or refusal is beyond the control of the licensee.
(d)    The Board shall pay the costs of any examination made under this section.
(e)    Notwithstanding any provisions of this section, a licensee may present evidence to the Board of mental or physical health that conflicts or is different from that presented as a result of an examination under this section.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-207 - State Board of Examiners in Optometry Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Examiners in Optometry Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and certificates and its other services.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Examiners in Optometry Fund.
(d)    (1)    The Fund 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 article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 2 - State Board of Examiners in Optometry › Section 11-208 - Minimum Optometric Examination

(a)    A licensed optometrist shall perform a minimum optometric examination which shall include:
(1)    Reviewing a patient’s history, past prescriptions and specifications when available;
(2)    Visual analysis;
(3)    Ophthalmoscopy of internal eye;
(4)    Tonometry without anesthetic when indicated or for a patient over 40 years of age;
(5)    Muscle balance examination;
(6)    Writing of lens formula and other prescription data when needed as well as specific instructions for future care; and
(7)    Subsequent progress evaluation when indicated.
(b)    A licensed optometrist shall maintain thorough records of all testing procedures, results, and case dispositions in accordance with § 4-403 of the Health - General Article.
(c)    A licensed optometrist shall have on hand all instrumentation and equipment, in good working condition, required to carry out the procedures for the minimum examination under this section.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-301 - License Required; Exception

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice optometry in this State.
(b)    This section does not apply to a student while participating in a residency training program under the direct supervision of a licensed optometrist.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall be at least 18 years old.
(d)    (1)    The applicant shall submit to the Board satisfactory evidence of scholastic and professional education that is at least equal to the current standards set by the Board. However, an applicant who is licensed to practice optometry in any other state shall submit satisfactory evidence of scholastic and professional education that is at least equal to the standards set by the Board at the time of the applicant’s completion of scholastic and professional education.
(2)    On written request, the Board shall provide information as to the current scholastic and professional education standards that the Board sets. In the case of an out-of-state applicant the Board shall provide information on the educational and professional standards in effect at the time of an applicant’s completion of scholastic and professional education.
(e)    Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Board under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-304 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    Periodically, but not more often than once every 6 months, the Board shall give examinations to applicants at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    (1)    Except as otherwise provided in this subsection, the Board shall determine the subjects, scope, form, and passing score for examinations administered under this subtitle.
(2)    The subjects examined shall include:
(i)    The anatomy, physiology, and pathology of the human eye; and
(ii)    The use of all instruments used for examination of the human eye.
(3)    The examination may include any subject that relates to optics and optometry:
(i)    Contained in any textbook; or
(ii)    Taught at any accredited educational institution that teaches optics, optometry, and other related subjects.
(e)    (1)    An applicant who fails the examination may take the next regularly scheduled examination.
(2)    The applicant shall pay to the Board a reexamination fee set by the Board for each reexamination.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-305 - Waiver of Examination Requirement

(a)    Subject to the provisions of this section, the Board may waive the examination requirements of this title for an individual who is licensed to practice optometry in any other state.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Pays the application fee required by the Board under § 11-303 of this subtitle;
(2)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this title, including, for 3 years before applying, the continuing education requirements of the other state in which the applicant has been practicing optometry, or, if the other state does not have any continuing education requirement, the applicant shall meet the equivalent of 3 years of the continuing education requirements of this subtitle in courses approved by the Board;
(ii)    Meets the terms and conditions that the Board establishes in subsections (c) and (d) of this section;
(iii)    At the time the applicant was licensed in the other state, was qualified to take the examination that then was required by the laws of this State; and
(iv)    Qualified for a license in the other state by passing an examination given by the board of optometry in that state;
(3)    Presents a copy of the license, certified by the issuing board; and
(4)    Has not failed an examination given by the Board within the previous 5 years.
(c)    (1)    The Board may waive the examination requirements of this subtitle for an applicant who:
(i)    If so required by the Board under subsection (d) of this section, passes an examination administered by the Board; and
(ii)    For 3 years immediately before applying, has practiced optometry actively.
(2)    The Board may waive the requirement of practicing optometry actively for an applicant who for 3 years:
(i)    Was teaching optometry;
(ii)    Was a military optometrist;
(iii)    Was a supervisor or administrative optometrist; or
(iv)    Was a researcher in optometry.
(d)    (1)    Within 1 year of receipt of an application, the Board may require that the applicant pass an examination.
(2)    The Board shall determine the scope, form, and passing score for examinations under this section.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-307.1 - Limited License

(a)    An applicant for a limited license shall submit to the Board:
(1)    An application on the form the Board requires; and
(2)    A written confirmation of participation from the institution in which the applicant intends to participate in a postgraduate teaching, research, or training program.
(b)    The Board may waive the examination requirements of this subtitle and issue a limited license to practice optometry to an individual who:
(1)    Is qualified for a postgraduate teaching, research, or training position;
(2)    Is applying to participate in a postgraduate teaching, research, or training program approved by the Board under this subsection;
(3)    Is eligible to sit for the Maryland licensure examination;
(4)    Is licensed, at the time of application, to practice optometry in another state; and
(5)    Pays the fee set by the Board.
(c)    A limited license authorizes the licensee for 1 year to practice optometry only:
(1)    At the institution that has been approved by the Board and is designated on the individual’s license;
(2)    At other institutions that are affiliated with the designated institution; and
(3)    On the patients of the designated institution or its affiliates.
(d)    The Board may renew a limited license once for an additional 1-year term if the holder:
(1)    Otherwise meets the requirements of this section;
(2)    Submits a renewal application to the Board on the form that the Board requires; and
(3)    Pays to the Board the limited license renewal fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-308 - Term and Renewal of Licenses

(a)    A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
(b)    At least 1 month before a license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, a licensee periodically may renew it for an additional 2-year term, if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.
(d)    The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
(e)    If an optometrist does not renew a license before its expiration date, the Board shall send to the optometrist a notice stating that the license will expire 30 days after the notice is sent unless the optometrist applies for renewal within the grace period.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-309 - Continuing Education

(a)    In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of licenses and certificates under this title.
(b)    (1)    The continuing education required by the Board shall be in courses approved by the Board.
(2)    The Board may not require a nontherapeutically certified optometrist to attend more than 50 hours in any licensing period.
(3)    The Board shall require a therapeutically certified optometrist to attend at least 50 hours of continuing education in a licensing period.
(4)    (i)    In each licensing period, a therapeutically certified optometrist shall attend 30 hours of continuing education on the use and management of therapeutic pharmaceutical agents.
(ii)    The 30 hours of continuing education required under subparagraph (i) of this paragraph shall be counted toward the total number of required hours of continuing education in a licensing period.
(c)    At the time a licensee applies for license renewal, the licensee shall submit to the Board, on a form provided by the Board, a certification that the licensee has attended the required courses.
(d)    The Board may refuse to renew the license of a licensee who has failed:
(1)    To attend the required courses; or
(2)    To submit certification of attendance at the required courses.
(e)    The Board may waive the continuing education requirements in cases of illness or other undue hardship on the licensee.
(f)    The Board may use any funds allocated to it for continuing education as State funds to match federal funds for providing continuing education.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-310 - Inactive Status; Reinstatement of Expired Licenses

(a)    (1)    The Board shall place a licensee on inactive status, if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    The Board shall issue a license to an individual who is on inactive status if the individual:
(i)    Meets any continuing education requirements set by the Board; and
(ii)    Pays to the Board the reinstatement fee set by the Board.
(b)    The Board may reinstate the license of an optometrist whose license has been expired for less than 5 years and who has not been put on inactive status, if the optometrist:
(1)    Has met the continuing education requirements set by the Board;
(2)    Meets the renewal requirements of § 11-308 of this subtitle; and
(3)    Pays to the Board the reinstatement fee set by the Board.
(c)    The Board may not reinstate the license of an optometrist whose license has been expired for 5 years or more and who has not been put on inactive status, unless the optometrist:
(1)    Passes an examination administered by the Board; and
(2)    Otherwise meets the requirements of subsection (b) of this section.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-311 - Display of Licenses; Statement to Be Given Patient

(a)    Each licensee shall display the license conspicuously in the office of the licensee.
(b)    A licensee practicing optometry away from the licensee’s office shall give to the patient a statement that contains the licensee’s home address, license number, and signature.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-312 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a licensed optometrist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the optometrist.
(b)    The Board may set conditions on its agreement with the optometrist under investigation or against whom charges are pending to accept surrender of the optometrist’s license.
2023 Maryland Statutes › Health Occupations › Title 11 - Optometrists › Subtitle 3 - Licensing › Section 11-314 - Penalty Instead of Suspension or in Addition to Suspension or Revocation

(a)    If after a hearing under § 11-315 of this subtitle the Board finds that there are grounds under § 11-313 of this subtitle to suspend or revoke a license, the Board may impose a penalty not exceeding $5,000:
(1)    Instead of suspending the license; or
(2)    In addition to suspending or revoking the license.
(b)    The Board shall adopt rules and regulations to set standards for the imposition of penalties under this section.
(c)    The Board shall pay any penalty collected under this section into the General Fund of this State.