reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-04 - Reasonable Fees -- Collected Fees to Comptroller -- Fees Used to Cover Duties of Board

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to genetic counselors.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to genetic counselors.
(b)    (1)    The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.
(2)    The Comptroller shall distribute all fees to the Board.
(c)    The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by this subtitle.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-06 - Members of Committee -- Qualifications -- Terms -- Chair -- Quorum

(a)    The Committee consists of members appointed by the Board as follows:
(1)    Three shall be individuals who practice genetic counseling and who:
(i)    On or before December 31, 2023, are certified genetic counselors; and
(ii)    On or after January 1, 2024, are licensed genetic counselors;
(2)    Three shall be practicing licensed physicians; and
(3)    One shall be a consumer member.
(b)    Each genetic counselor member of the Committee must be:
(1)    In good standing with the Board; and
(2)    A resident of the State who has at least 1 year of active genetic counseling experience within the 5–year period immediately preceding the date of the appointment.
(c)    The licensed physician members of the Committee must:
(1)    Be in good standing with the Board; and
(2)    Have experience working with genetic counselors.
(d)    The consumer member of the Committee:
(1)    Must be a member of the general public;
(2)    May not be or ever have been:
(i)    A genetic counselor;
(ii)    Any health care professional; or
(iii)    In training to be a genetic counselor or other health professional; and
(3)    May not:
(i)    Participate or ever have participated in a commercial or professional field related to genetic counseling;
(ii)    Have a household member who participates in a commercial or professional field related to genetic counseling; or
(iii)    Have had within 2 years before appointment a financial interest in a person regulated by the Board.
(e)    (1)    The term of a member is 3 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Committee on  January 1, 2022.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member may not serve more than two consecutive full terms.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(f)    From among its members, the Committee shall elect a chair every 2 years.
(g)    A quorum of the Committee consists of five members.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-07 - Powers of Committee -- Board Interaction With Committee

(a)    In addition to the powers set forth elsewhere in this subtitle, the Committee shall:
(1)    Develop and recommend to the Board regulations to carry out this subtitle;
(2)    Develop and recommend to the Board a code of ethics for the practice of genetic counseling;
(3)    Develop and recommend to the Board continuing education requirements for license renewal;
(4)    Develop and recommend to the Board criteria for individuals who are licensed to practice genetic counseling in another state or territory of the United States to become licensed in this State;
(5)    Evaluate the credentials of applicants as necessary and recommend licensure of applicants who fulfill the requirements for a license to practice genetic counseling;
(6)    On request, develop and recommend to the Board standards of care for the practice of genetic counseling;
(7)    Provide the Board with recommendations concerning the practice of genetic counseling;
(8)    Keep a record of its proceedings; and
(9)    Submit an annual report to the Board.
(b)    The Board shall:
(1)    Consider all recommendations of the Committee; and
(2)    Provide to the Committee an annual report on the disciplinary matters involving licensees.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-08 - License Required -- Inapplicable to Certain Individuals

(a)    Except as otherwise provided in this subtitle, on or after January 1, 2024, an individual shall be licensed by the Board before the individual may practice genetic counseling in the State.
(b)    This section does not apply to:
(1)    An individual who is employed by the United States government to practice genetic counseling while practicing within the scope of that employment;
(2)    An individual who resides in and holds an active license in another state if the individual is engaged in consultation with a physician or genetic counselor licensed in the State about a particular patient and the individual:
(i)    Does not order or coordinate genetic laboratory tests or other diagnostic studies; and
(ii)    Does not provide consultation in the State for more than a total of 10 patients within a calendar year; or
(3)    A student enrolled in a genetic counseling training program that is accredited by a national accrediting organization recognized by the Board in regulations while the student is practicing genetic counseling in the program and doing the assigned duties at any office of a licensed physician or genetic counselor, hospital, clinic, or similar facility.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-09 - Qualifications of License Applicant -- Criminal History Records Check -- Additional Requirements by Board

(a)    To qualify for a license to practice genetic counseling, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant must be of good moral character.
(c)    The applicant must be at least 18 years old.
(d)    The applicant must be a graduate of an appropriate education program approved by the Board.
(e)    Except as provided in subsection (f) of this section, the applicant shall submit to the Board satisfactory evidence of certification by a national certifying organization approved by the Board.
(f)    If an applicant does not meet the requirement under subsection (e) of this section, the applicant may qualify for licensure if the applicant:
(1)    Has worked as a genetic counselor for:
(i)    At least 10 years before January 1, 2024; and
(ii)    At least 5 consecutive years immediately preceding the date on which the applicant submits the application for licensure;
(2)    Has graduated from an education program approved by the Board;
(3)    Submits to the Board three letters of recommendation from licensed physicians who have been licensed for at least 5 years or certified genetic counselors eligible for licensure and who:
(i)    Have worked with the applicant in an employment or professional setting for 3 years before the applicant submits the application for licensure; and
(ii)    Can attest to the applicant’s competency in providing genetic counseling services; and
(4)    Applies for initial licensure on or before December 31, 2024.
(g)    The applicant shall complete a criminal history records check in accordance with § 14–308.1 of this title.
(h)    The applicant shall meet any additional education, training, or examination requirements established by the Board.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-10 - Requirements of License Applicants

To apply for a license, an applicant shall:
(1)    Complete a criminal history records check in accordance with § 14–308.1 of this title;
(2)    Submit an application to the Board on a form that the Board requires; and
(3)    Pay to the Board an application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-11 - License Issued to Qualified Applicants -- Considerations Concerning Criminal History Record

(a)    Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle.
(b)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-12 - Authorization of Genetic Counselor License -- Reference to Other Health Care Practitioners

(a)    A genetic counselor license authorizes a licensee to practice genetic counseling in the State while the license is effective.
(b)    If, while practicing genetic counseling, a licensed genetic counselor determines that a patient requires a diagnosis or treatment, the genetic counselor shall refer the patient to a licensed physician or another appropriate health care practitioner.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-15 - Notification Requirement of Change of Name or Address -- Administrative Penalty

(a)    A licensee shall notify the Board in writing of a change of name or address within 60 days after the change.
(b)    A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-16 - Surrender or Lapse of License During Investigation or While Charges Pending

Unless a disciplinary panel agrees to accept the surrender of a license, a licensee may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-17 - Cease and Desist Order by Disciplinary Panel

A disciplinary panel may issue a cease and desist order for:
(1)    Practicing genetic counseling without a license or with an unauthorized person; or
(2)    Supervising or aiding an unauthorized person in the practice of genetic counseling.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-19 - Judicial Appeal -- Board Order Not Stayed -- Appeal by Board

(a)    (1)    Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.
(2)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
(b)    An order of the Board or a disciplinary panel may not be stayed pending review.
(c)    The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-21 - Filings Posted on Board Website -- Public Individual Licensee Profiles -- Disclaimers -- Correction of Inaccuracies / Timing of Board Posting

(a)    Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s website.
(b)    The Board shall create and maintain a public individual profile on each licensee that includes the following information:
(1)    A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5G–18 of this subtitle based on the charges or has rescinded the charges;
(2)    A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;
(3)    A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period;
(4)    A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5G–18(c) of this subtitle; and
(5)    The public address of the licensee.
(c)    In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.
(d)    The Board:
(1)    On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and
(2)    Shall maintain a website that serves as a single point of entry where all licensee profile information is available to the public on the Internet.
(e)    The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
(f)    The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-22 - Reinstatement of Revoked Licenses

(a)    Subject to subsection (b) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license.
(b)    A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee:
(1)    Meets the requirements for reinstatement as established under this title; and
(2)    Completes a criminal history records check in accordance with § 14–308.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-24 - Representations to Public

(a)    Unless authorized to practice genetic counseling under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice genetic counseling in this State.
(b)    Unless authorized to practice genetic counseling under this subtitle, a person may not use the titles “genetic counselor”, “licensed genetic counselor”, “certified genetic counselor”, “gene counselor”, “genetic consultant”, “genetic associate”, or any words, letters, or symbols with the intent to imply that the person practices genetic counseling or is a certified genetic counselor or licensed genetic counselor.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-26 - Employment or Supervision Limited to Licensed Individuals -- Penalties

(a)    Except as otherwise provided in this subtitle, a licensed genetic counselor or a licensed physician may not employ or supervise an individual practicing genetic counseling without a license.
(b)    Except as otherwise provided in this subtitle, a hospital, related institution, alternative health system, or employer may not employ an individual practicing genetic counseling without a license.
(c)    A disciplinary panel may impose a civil penalty of up to $1,000 for a violation of this section.
(d)    The Board shall remit any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-27 - Misdemeanors -- Civil Fines -- Deposit of Collected Penalties

(a)    A person who violates any provision of §§ 14–5G–23 through 14–5G–26 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(b)    A person who violates any provision of §§ 14–5G–23 through 14–5G–26 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.
(c)    The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-29 - Termination of Subtitle

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act and subject to the termination of this title under § 14–702 of this title, this subtitle and all regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2031.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 6 - Prohibited Acts; Penalties › Section 14-602 - Misrepresentation as Practitioner of Medicine

(a)    Unless authorized to practice medicine under this title, a person may not represent to the public, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice medicine in this State.
(b)    Except as otherwise provided in this article, a person may not use the words or terms “Dr.”, “doctor”, “physician”, “D.O.”, or “M.D.” with the intent to represent that the person practices medicine, unless the person is:
(1)    Licensed to practice medicine under this title;
(2)    A physician licensed by and residing in another jurisdiction, while engaging in consultation with a physician licensed in this State;
(3)    A physician employed by the federal government while performing duties incident to that employment;
(4)    A physician who resides in and is licensed to practice medicine by any state adjoining this State and whose practice extends into this State; or
(5)    An individual in a postgraduate medical program that is accredited by an accrediting organization recognized by the Board in regulations while the individual is practicing medicine in the program.
(c)    An unlicensed individual who acts under § 14-302 or § 14-306 of this title may use the word “physician” together with another word to describe the occupation of the individual as in phrases such as “physician’s assistant” or “physician’s aide”.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 6 - Prohibited Acts; Penalties › Section 14-605 - Notice of Participation in Medicare Program

(a)    This section does not apply to a physician or group of physicians who:
(1)    Have exclusive contracts with a health maintenance organization;
(2)    Treat only the patients of the health maintenance organization; and
(3)    Agree to accept full assignment for covered services rendered.
(b)    If a physician is engaged in the private practice of medicine in this State, the physician shall display a notice written in English that is plainly visible to patients in the office of the physician concerning whether the physician:
(1)    Is a participating physician under the Medicare program and, therefore, accepts assignment for all Medicare claims;
(2)    Accepts Medicare assignment on a case-by-case basis; or
(3)    Does not accept Medicare assignment in any case.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 6 - Prohibited Acts; Penalties › Section 14-606 - Penalties

(a)    (1)    Except as provided in paragraph (4) of this subsection, a person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both.
(2)    A person who violates any provision of § 14–503 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(3)    A person who is required to give notice under § 14–505 (“Reporting burn treatment”) of this title, and who fails to give the required notice, is liable for a civil penalty of not more than $100.
(4)    Except as provided in paragraph (5) of this subsection, a person who violates § 14–601 or § 14–602 of this subtitle is:
(i)    Guilty of a felony and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both; and
(ii)    Subject to a civil fine of not more than $50,000 to be levied by a disciplinary panel.
(5)    The provisions of paragraph (4) of this subsection do not apply to a former licensee who has failed to renew a license under § 14–316 of this title if:
(i)    Less than 60 days have elapsed since the expiration of the license; and
(ii)    The former licensee has applied for license reinstatement, including payment of the reinstatement fee.
(b)    The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 6 - Prohibited Acts; Penalties › Section 14-607 - Dispensing Lenses Without Validated Unexpired Prescription

(a)    Knowingly selling or dispensing replacement contact lenses without a valid and unexpired replacement contact lens prescription shall be considered a violation of this title.
(b)    The Board shall investigate any alleged violation of this section or § 14-507 of this title and may enforce any provision of this title by injunction or other appropriate proceedings.
(c)    An action under this section is in addition to and not instead of criminal prosecution under § 14-606 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 1 - Definitions; General Provisions › Section 15-102 - Prohibited Practice; Right to Practice Authorized Health Occupation Not Limited by Title

(a)    A physician assistant may not practice within the scope of practice of any of the following health occupations authorized under this article:
(1)    Nursing;
(2)    Optometry;
(3)    Physical therapy; or
(4)    Psychology.
(b)    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.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 2 - Physician Assistant Advisory Committee; Board; Commission › Section 15-202 - Composition

(a)    (1)    The Committee shall consist of 7 members appointed by the Board.
(2)    Of the 7 Committee members:
(i)    3 shall be licensed physicians;
(ii)    3 shall be licensed physician assistants; and
(iii)    1 shall be a consumer.
(3)    Of the licensed physician members:
(i)    At least 1 shall specialize in general surgery or a surgical subspecialty; and
(ii)    At least 1 shall specialize in internal medicine, family practice, or a similar primary care specialty.
(4)    The Board shall appoint the physician assistant members from a list of names submitted by:
(i)    The Maryland Academy of Physician Assistants; and
(ii)    The State institutions of higher education with approved physician assistant programs.
(5)    The consumer member:
(i)    Shall be a member of the general public;
(ii)    May not be a physician, former physician, physician assistant, or a person in training to become a physician or physician assistant;
(iii)    May not have a household member who is a physician or physician assistant, or a person in training to become a physician assistant; and
(iv)    May not have had within 2 years before appointment a substantial financial interest in a process regulated by the Board.
(6)    Each member of the Committee shall be a resident of the State.
(b)    Of the three physician members of the Committee, two shall be previously or currently serving as supervising physicians of a physician assistant under a Board–approved delegation agreement.
(c)    (1)    The physician assistant members shall be licensed as a physician assistant under this title.
(2)    The physician assistant members shall be currently practicing as a physician assistant or employed as a faculty member of an accredited physician assistant program.
(3)    Of the 3 physician assistant members of the Committee:
(i)    At least 1 shall be currently practicing in a hospital; and
(ii)    At least 1 shall be currently practicing in a nonhospital setting.
(d)    A Committee chair and a secretary shall be selected every 2 years by a majority vote of the membership of the Committee.
(e)    The chair, or the chair’s designee, shall serve in an advisory capacity to the Board as a representative of the Committee.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 2 - Physician Assistant Advisory Committee; Board; Commission › Section 15-203 - Regulations; Removal of Members

The Board shall adopt regulations governing:
(1)    The term of office for Committee members;
(2)    The procedure for filling vacancies on the Committee;
(3)    The removal of Committee members; and
(4)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 2 - Physician Assistant Advisory Committee; Board; Commission › Section 15-205 - Additional Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Committee, on its initiative or on the Board’s request, may:
(1)    Recommend to the Board regulations for carrying out the provisions of this title;
(2)    Recommend to the Board approval, modification, or disapproval of an application for licensure or a delegation agreement;
(3)    Report to the Board any conduct of a supervising physician or a physician assistant that may be cause for disciplinary action under this title or under § 14–404 of this article; and
(4)    Report to the Board any alleged unauthorized practice of a physician assistant.
(b)    The Committee shall submit an annual report to the Board.
(c)    (1)    In addition to the duties set forth elsewhere in this title, the Board shall adopt regulations to carry out the provisions of this title.
(2)    The Board shall:
(i)    Consider all recommendations of the Committee; and
(ii)    Provide to the Committee an annual report on the disciplinary matters involving licensees.
(3)    The Board may:
(i)    Investigate any alleged unauthorized practice of a physician assistant;
(ii)    Investigate any conduct that may be cause for disciplinary action under this title; and
(iii)    On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of a physician assistant, other than an office of a physician assistant in a hospital, related institution, freestanding medical facility, or freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions.
(4)    If the entry is necessary to carry out a duty under this subtitle, including an investigation or determination of compliance as provided under paragraph (3) of this subsection and an audit to determine compliance with the Board’s requirements with respect to physician assistant practice, the Executive Director of the Board or other duly authorized agent or investigator may enter at any reasonable hour a place of business of a licensed physician or a licensed physician assistant or public premises.
(5)    (i)    A person may not deny or interfere with an entry under this subsection.
(ii)    A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 2 - Physician Assistant Advisory Committee; Board; Commission › Section 15-206 - Fees and Disposition of Funds

(a)    The Board shall set reasonable fees for:
(1)    The issuance and renewal of licenses; and
(2)    The other services rendered by the Board in connection with physician assistants, including the cost of providing a rehabilitation program for physician assistants under § 14–401.1(g) of this article.
(b)    The Board shall pay all fees collected under this title to the Comptroller of the State.
(c)    (1)    In fiscal year 2017 and fiscal year 2018, if the Governor does not include in the State budget at least $550,000 for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Maryland Higher Education Commission, the Comptroller shall distribute:
(i)    $550,000 of the fees received from the Board to the office of Student Financial Assistance to be used to make grants under the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article to physicians and physician assistants engaged in primary care or to medical residents specializing in primary care who agree to practice for at least 2 years as primary care physicians in a geographic area of the State that has been designated by the Secretary as being medically underserved; and
(ii)    The balance of the fees to the Board of Physicians Fund.
(2)    In fiscal year 2019 and each fiscal year thereafter, if the Governor does not include in the State budget at least $400,000 for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Maryland Higher Education Commission, the Comptroller shall distribute:
(i)    $400,000 of the fees received from the Board to the office of Student Financial Assistance to be used to make grants under the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article to physicians and physician assistants engaged in primary care or to medical residents specializing in primary care who agree to practice for at least 2 years as primary care physicians in a geographic area of the State that has been designated by the Secretary as being medically underserved; and
(ii)    The balance of the fees to the Board of Physicians Fund.
(3)    If the Governor includes in the State budget at least the amount specified in paragraph (1) or (2) of this subsection for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Maryland Higher Education Commission, the Comptroller shall distribute the fees to the Board of Physicians Fund.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-302.1 - Practice While Delegation Agreement Pending

(a)    If a delegation agreement does not include advanced duties or the advanced duties have been approved under § 15–302(c)(1) of this subtitle, a physician assistant may assume the duties under a delegation agreement on the date that the Board acknowledges receipt of the completed delegation agreement.
(b)    In this section, “pending” means that a delegation agreement that includes delegation of advanced duties in a setting that does not meet the requirements under § 15–302(c)(1) of this subtitle has been executed and submitted to the Board for its approval, but:
(1)    The Committee has not made a recommendation to the Board; or
(2)    The Board has not made a final decision regarding the delegation agreement.
(c)    Subject to subsection (d) of this section, if a delegation agreement is pending, on receipt of a temporary practice letter from the staff of the Board, a physician assistant may perform the advanced duty if:
(1)    The primary supervising physician has been previously approved to supervise one or more physician assistants in the performance of the advanced duty; and
(2)    The physician assistant has been previously approved by the Board to perform the advanced duty.
(d)    If the Committee recommends a denial of the pending delegation agreement or the Board denies the pending delegation agreement, on notice to the primary supervising physician and the physician assistant, the physician assistant may no longer perform the advanced duty that has not received the approval of the Board.
(e)    The Board may disapprove any delegation agreement if it believes that:
(1)    The agreement does not meet the requirements of this subtitle; or
(2)    The physician assistant is unable to perform safely the delegated duties.
(f)    If the Board disapproves a delegation agreement or the delegation of any function under an agreement, the Board shall provide the primary supervising physician and the physician assistant with written notice of the disapproval.
(g)    A physician assistant who receives notice that the Board has disapproved a delegation agreement or an advanced function under the delegation agreement shall immediately cease to practice under the agreement or to perform the disapproved function.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-302.3 - List of Physician Assistants With Delegated Authority to Write Medication Orders or to Exercise Prescriptive Authority

(a)    On a quarterly basis, the Board shall provide to the Board of Pharmacy a list of physician assistants whose delegation agreements include the delegation of prescriptive authority.
(b)    The list required under subsection (a) of this section shall specify whether each physician assistant has been delegated the authority to prescribe controlled dangerous substances, prescription drugs, or medical devices.
(c)    If a primary supervising physician who has delegated authority to exercise prescriptive authority to a physician assistant subsequently restricts or removes the delegation, the primary supervising physician shall notify the Board of the restriction or removal within 5 business days.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-303 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall:
(1)    Complete a criminal history records check in accordance with § 14–308.1 of this article;
(2)    Be of good moral character;
(3)    Demonstrate oral and written competency in the English language as required by the Board;
(4)    Be at least 18 years old; and
(5)    (i)    Be a graduate of a physician assistant training program approved by the Board; or
(ii)    Have passed the physician assistant national certifying examination administered by the National Commission on Certification of Physician Assistants prior to 1986, maintained all continuing education and recertification requirements, and been in continuous practice since passage of the examination.
(b)    Except as otherwise provided in this title, the applicant shall pass a national certifying examination approved by the Board.
(c)    An applicant who graduates from a physician assistant training program after October 1, 2003 shall have a bachelor’s degree or its equivalent.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-304 - Application Requirements

An applicant for a license shall:
(1)    Complete a criminal history records check in accordance with § 14–308.1 of this article;
(2)    Submit an application to the Board on the form that the Board requires; and
(3)    Pay to the Board the application fee set by the Board.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-305 - Issuance of License

(a)    Subject to subsection (b) of this section, the Board shall issue a license to an applicant who meets the requirements of this title.
(b)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this article, in determining whether to issue a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 14–308.1 of this article has not been received.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-307 - Renewal; Continuing Education Requirements; Expiration; Criminal History Record Check

(a)    (1)    Unless a license is renewed for an additional term as provided in this section, the license expires on the date set by the Board.
(2)    The term of a license issued by the Board may not exceed 3 years.
(b)    At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:
(1)    Is otherwise entitled to be issued a license;
(2)    Pays to the Board the renewal fee, set by the Board;
(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 for license renewal set by the Board under this section; and
(4)    Meets any additional requirements set by the Board for renewal of a license.
(d)    In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition for the renewal of licenses under this section.
(e)    The Board shall renew the license of each licensee who meets the requirements of this section.
(f)    For the failure of a licensee to obtain continuing medical education credits as required by the Board, a disciplinary panel may impose a civil penalty not to exceed $100 for each medical education credit not obtained by the licensee.
(g)    (1)    Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this article for:
(i)    Renewal applicants as determined by regulations adopted by the Board; and
(ii)    Each former licensee who files for reinstatement under this title.
(2)    On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this article, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
(3)    The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this article.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-308 - Reinstating License After Failure to Renew

(a)    Subject to subsection (b) of this section, the Board, in accordance with its regulations, shall reinstate the license of a physician assistant who has failed to renew the license for any reason if the physician assistant:
(1)    Meets the renewal requirements of § 15–307 of this subtitle;
(2)    Pays to the Board the reinstatement fee set by the Board;
(3)    Submits to the Board satisfactory evidence of compliance with the qualifications and requirements established under this subtitle for license reinstatements; and
(4)    Meets any additional requirements set by the Board for reinstatement.
(b)    A disciplinary panel may not reinstate a surrendered or revoked license that has been surrendered or revoked for a period of more than 1 year unless the licensee:
(1)    Meets the requirements for reinstatement as established under this title; and
(2)    Completes a criminal history records check in accordance with § 14–308.1 of this article.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-309 - Display of License; Notice of Change of Address

(a)    Each licensee shall keep a license and delegation agreement for inspection at the primary place of business of the licensee.
(b)    (1)    Each licensee shall give the Board written notice of any change of name or address within 60 days of the date of the change.
(2)    A licensee who fails to comply with this subsection is subject to an administrative penalty of $100.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-310 - Examinations

(a)    In reviewing an application for licensure or in investigating an allegation brought under § 15–314 of this subtitle, the Committee may request the Board to direct, or the Board on its own initiative may direct, the physician assistant to submit to an appropriate examination.
(b)    In return for the privilege given to the physician assistant to perform delegated medical acts in the State, the physician assistant 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 of privilege as to the testimony or examination reports.
(c)    The unreasonable failure or refusal of the licensed physician assistant or applicant to submit to an examination is prima facie evidence of the licensed physician assistant’s inability to perform delegated medical acts and is cause for denial of the application or immediate suspension of the license.
(d)    The Board shall pay the costs of any examination made under this section.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-311 - Denial of License

Subject to the hearing provisions of § 15–315 of this subtitle, a disciplinary panel, on the affirmative vote of a majority of a quorum, may deny a license to any applicant for:
(1)    Any of the reasons that are grounds for disciplinary action under § 15–314 of this subtitle; and
(2)    Failure to complete a criminal history records check in accordance with § 14–308.1 of this article.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-312 - Surrender or Lapse of License of Physician Assistant Under Investigation

(a)    Unless a disciplinary panel agrees to accept the surrender of a license of a physician assistant, the physician assistant may not surrender the license nor may the licensure lapse by operation of law while the physician assistant is under investigation or while charges are pending.
(b)    A disciplinary panel may set conditions on its agreement to accept surrender of a license.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-313 - Hearings; Review

(a)    (1)    Except as otherwise provided under § 10–226 of the State Government Article, before the Board takes any action to reject or modify a delegation agreement or advanced duty, the Board shall give the licensee the opportunity for a hearing before the Board.
(2)    The Board shall give notice and hold the hearing under Title 10, Subtitle 2 of the State Government Article.
(3)    The Board may administer oaths in connection with any proceeding under this section.
(4)    At least 14 days before the hearing, the hearing notice shall be sent to the last known address of the applicant or licensee.
(b)    Any licensee aggrieved under this subtitle by a final decision of the Board rejecting or modifying a delegation agreement or advanced duty may petition for judicial review as allowed by the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-315 - Hearings

(a)    (1)    Except as otherwise provided under § 10–226 of the State Government Article, before a disciplinary panel takes any action under § 15–311 or § 15–314(a) of this subtitle, the disciplinary panel shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.
(2)    The hearing officer shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(3)    A disciplinary panel may administer oaths in connection with any proceeding under this section.
(b)    (1)    Any licensee who is aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may take a direct judicial appeal.
(2)    The appeal shall be as provided for judicial review of the final decision in Title 10, Subtitle 2 of the State Government Article.
(c)    An order of the Board or a disciplinary panel under this subtitle may not be stayed pending review.
(d)    All of the findings and orders of the Board or a disciplinary panel that relate to physician assistants are subject to the provisions of Title 14, Subtitle 4 of this article.
2023 Maryland Statutes › Health Occupations › Title 15 - Physician Assistants › Subtitle 3 - Certification › Section 15-316 - Fines

(a)    If, after a hearing under § 15–315 of this subtitle, a disciplinary panel finds that there are grounds for discipline under § 15–314(a) of this subtitle to suspend or revoke a license of a physician assistant, reprimand a licensed physician assistant, or place the licensed physician assistant on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
(b)    The Board shall pay any fines collected under this section into the General Fund of the State.
(c)    In addition to any sanction authorized under this subtitle, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.