A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration. The verification shall be made: Before an individual authorized to administer oaths; or By a signed statement of verification that: Is in the document or attached to and made part of the document; and States that the statement is made under the penalties for perjury. If the procedures provided in subsection (b)(2) of this section are used, the statement of verification subjects the individual making the statement to the penalties for perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority: A certificate of compliance with the Maryland Workers’ Compensation Act; or The number of a workers’ compensation insurance policy or binder.

Except as provided in subsection (c) of this section, the power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that a board or commission established under this article makes under authority specifically delegated by law to the board or commission. In this subsection, “infrastructure operations” means the administrative activities of a board or commission established under this article, including tools and resources for the use and support of deliberative actions. “Infrastructure operations” does not include: Policy or regulatory decisions of the board or commission; or Licensing, investigation, or disciplinary activities. Except as provided in paragraph (3) of this subsection, the power of the Secretary to transfer staff or functions of units in the Department does not apply to any staff of a board or commission, established under this article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, or to any other authority specifically delegated by law to a board or commission. The Secretary has authority over the infrastructure operations of the State Board of Nursing established under Title 8 of this article. Notwithstanding §§ 8–205(b)(5) and 8–205.1 of the State Government Article and except as provided in subsection (d) of this section, the Secretary and the Office of Administrative Hearings, in consultation with stakeholders and other interested parties, shall adopt regulations for the supervision of each board or commission that is composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission, including the review by the Office of Administrative Hearings described under this subsection, in order to: Prevent unreasonable anticompetitive actions by the board or commission; and Determine whether the actions of the board or commission further a clearly articulated State policy to displace competition in the regulated market. In accordance with regulations adopted under this subsection, the Office of Administrative Hearings: Shall review a decision or action of a board or commission that is referred to the Office in order to determine whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market; May not approve a decision or action of a board or commission that does not further a clearly articulated State policy to displace competition in the regulated market; and In conjunction with the Office of the Attorney General, shall establish a process: By which the Office of Administrative Hearings reviews decisions or actions of a board or commission; That is independent of the process by which the Office of Administrative Hearings hears adjudicated, contested cases; and That includes: The types of decisions or actions of a board or commission that may be referred to the Office of Administrative Hearings for review; Qualifications and specialized training requirements for administrative law judges conducting reviews as required under this subsection; Checks for identification and management of potential conflicts when the Office of Administrative Hearings conducts a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and Appropriate standards and guidelines for conducting reviews as required under this subsection. A board or commission may not implement a decision or a final action of the board or commission until after the Office of Administrative Hearings has conducted the review required under this subsection. The process specified under paragraph (2)(iii) of this subsection shall require the Office of Administrative Hearings to: Review the merits of the decision or action of a board or commission; Assess whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and Issue expeditiously a written decision approving, disapproving, or modifying the decision or action or remanding the decision or action back to the board or commission for further review. The decision or action implemented by a board or commission shall comply with the written decision of the Office of Administrative Hearings. The Office of Administrative Hearings may not authorize an administrative law judge to review the decision or action if the judge is appointed by, under the oversight of, or a member of a board or commission whose action is the subject of review. Each board or commission shall be responsible for the costs associated with the review by the Office of Administrative Hearings of decisions or actions of the respective board or commission. Subsection (c) of this section does not apply to: A decision or determination of a board or commission concerning ministerial acts; The internal operations of a board or commission; Investigations; Charges; and As it relates to an individual regulated by a board or commission: Consent orders; and Letters of surrender.

In this section the following words have the meanings indicated. “Health occupation” means nurses, cytotechnologists, hospital pharmacists, occupational therapists, physical therapists, radiation technologists, and respiratory therapists who are licensed or certified under this article or by the Department. “Hospital or related institution” means a hospital or related institution, as defined in § 19–301 of the Health – General Article. “Area of shortage” means those health occupations for which the average statewide employment vacancy rate at hospitals or related institutions exceeds 7 percent. Each year, the Secretary shall: Survey hospitals and related institutions for areas of shortage; and Project for each of the subsequent 5 years: Average statewide employment vacancy rates expected in areas of shortage; and The number of students expected to graduate from programs leading to licensure or certification in those areas of shortage based on information provided by appropriate State education officials. Each board or commission established under this article shall provide the Secretary with any information the Secretary may require to conduct the activities under subsection (b) of this section. Each year, the Secretary shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the Governor, and the Maryland Higher Education Commission on the number and types of areas of shortage and the projected statewide employment vacancy rates in hospitals and related institutions.

Each health occupation board may consider regional and national averages of health occupations licensing fees when the board evaluates the amount that constitutes a reasonable fee for the issuance and renewal of licenses and its other services.

The Department, in consultation with the Medical and Chirurgical Faculty of Maryland, the Maryland Hospital Association, the Maryland Association of Health Maintenance Organizations, the Health Facilities Association of Maryland, the Maryland Association of Nonprofit Homes for the Aging, the Maryland State Dental Association, the Maryland Nurses Association, the Maryland Funeral Directors Association, the Maryland Podiatrists Association, the affected boards, the Association for Practitioners for Infection Control, and a consumer of health care services, shall develop a notice written in layman’s language that explains the Centers for Disease Control and Prevention’s guidelines on universal precautions.

In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession. The Department shall: Identify, in consultation with stakeholders who wish to participate, up–to–date, evidence–based, written information relating to attention–deficit/hyperactivity disorder that: Has been reviewed by medical experts, mental health care practitioners, and national and local organizations specializing in the provision of services for the treatment of attention–deficit/hyperactivity disorder; Is designed for use by health care practitioners and the families of children and adolescents who are diagnosed with attention–deficit/hyperactivity disorder; Is culturally and linguistically appropriate for potential recipients of the information; and Includes: Treatment options for attention–deficit/hyperactivity disorder, including medication usage, behavioral health services, and nonpharmacological intervention strategies; and Contact information for national and local education programs and support services; and Post the information identified by the Department under item (1) of this subsection in printable form on the Department’s Web site that may be accessed by health care practitioners engaged in treating children and adolescents for attention–deficit/hyperactivity disorder.

In this section the following words have the meanings indicated. Except as otherwise provided in this paragraph, “health care practitioner” means a physician or any other person licensed or certified under this article and reimbursed by a third party payor. Subject to the provisions of subparagraph (iii) of this paragraph, “health care practitioner” does not include a physician or other person licensed or certified under this article who is compensated by a health maintenance organization on a salaried or capitated basis. The exclusion provided under subparagraph (ii) of this paragraph applies only when the physician or other licensed or certified person is rendering care to a member or subscriber of the health maintenance organization on a salaried or capitated system basis. “Third party payor” means any person that administers or provides reimbursement for health care benefits on an expense incurred basis including: A health maintenance organization issued a certificate of authority in accordance with Title 19, Subtitle 7 of the Health – General Article; A health insurer or nonprofit health service plan authorized to offer health insurance policies or contracts in this State in accordance with the Insurance Article; or A third party administrator registered under the Insurance Article. “Uniform claims form” means the claim or billing form for reimbursement of services rendered by a health care practitioner adopted by the Insurance Commissioner under § 15–1003 of the Insurance Article. When submitting a claim or bill for reimbursement to a third party payor, a health care practitioner shall use the uniform claims form. The uniform claims form submitted under this section: Shall be properly completed; and May be submitted by electronic transfer. The Secretary may impose a penalty not to exceed $100 on any health care practitioner that violates the provisions of this section.

Each board shall assess each applicant for a license or a renewal of a license a fee established in accordance with the provisions of § 19-111 of the Health - General Article. Each board shall transfer the fees assessed under this subsection to the Maryland Health Care Commission Fund on a quarterly basis.

By August 31 of each year, each health occupations board authorized to issue a license or certificate under this article shall provide to the Department of Assessments and Taxation a list of persons issued licenses or certificates under this article during the previous fiscal year, to assist the Department of Assessments and Taxation in identifying new businesses within the State. The list provided under this section shall: Be provided free of charge; and Include, for each person on the list: The name and mailing address of the person; and The federal tax identification number of the person, if known; or If the person does not have a federal tax identification number, the Social Security number of the person, if known.

A person who is licensed, certified, or otherwise authorized to practice a health occupation under this article may not practice the health occupation on an animal unless the person: Is a licensed pharmacist practicing pharmacy under Title 12 of this article; Is a licensed acupuncturist practicing in accordance with § 2-301(g)(11) of the Agriculture Article; or Provides care to an animal in accordance with § 2-304(e) of the Agriculture Article.

Each health occupations board authorized to issue a license or certificate under this article shall adopt regulations that: Prohibit sexual misconduct; and Provide for the discipline of a licensee or certificate holder found to be guilty of sexual misconduct. For the purposes of the regulations adopted in accordance with subsection (a) of this section, “sexual misconduct” shall be construed to include, at a minimum, behavior where a health care provider: Has engaged in sexual behavior with a client or patient in the context of a professional evaluation, treatment, procedure, or other service to the client or patient, regardless of the setting in which professional service is provided; Has engaged in sexual behavior with a client or patient under the pretense of diagnostic or therapeutic intent or benefit; or Has engaged in any sexual behavior that would be considered unethical or unprofessional according to the code of ethics, professional standards of conduct, or regulations of the appropriate health occupations board under this article. Subject to the provisions of the law governing contested cases, if an applicant, licensee, or certificate holder violates a regulation adopted under subsection (a) of this section a board may: Deny a license or certificate to the applicant; Reprimand the licensee or certificate holder; Place the licensee or certificate holder on probation; or Suspend or revoke the license or certificate. This section does not negate any other disciplinary action under a health occupations board’s statutory or regulatory provisions. Each year, each health occupations board shall submit a statistical report to the Secretary, indicating: The number of complaints of sexual misconduct received; The number of licensees, certificate holders, and complainants involved in the complaints of sexual misconduct listed separately by category; The number of complaints of sexual misconduct still under investigation; The number of complaints of sexual misconduct that were closed with no disciplinary action; The number of complaints of sexual misconduct that resulted in informal or nonpublic action; The number of complaints of sexual misconduct that were referred to the Office of the Attorney General for prosecutorial action; The number of complaints of sexual misconduct that resulted in each of the following: License revocation; Suspension; Probation; Reprimand; and Denial of licensure; The number of complaints of sexual misconduct that were forwarded to law enforcement for possible criminal prosecution; and For any other actions taken regarding complaints of sexual misconduct, a detailed breakdown of the types of actions taken. The report shall cover the period beginning October 1 and ending the following September 30 and shall be submitted by the board not later than the November 15 following the reporting period. The Secretary shall compile the information received from the health occupations boards and submit an annual report to the General Assembly, in accordance with § 2–1257 of the State Government Article, not later than December 31 of each year.

In this section the following words have the meanings indicated. “Conversion therapy” means a practice or treatment by a mental health or child care practitioner that seeks to change an individual’s sexual orientation or gender identity. “Conversion therapy” includes any effort to change the behavioral expression of an individual’s sexual orientation, change gender expression, or eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not include a practice by a mental health or child care practitioner that: Provides acceptance, support, and understanding, or the facilitation of coping, social support, and identity exploration and development, including sexual orientation–neutral interventions to prevent or address unlawful conduct or unsafe sexual practices; and Does not seek to change sexual orientation or gender identity. “Mental health or child care practitioner” means: A practitioner licensed or certified under Title 14, Title 17, Title 18, Title 19, or Title 20 of this article; or Any other practitioner licensed or certified under this article who is authorized to provide counseling by the practitioner’s licensing or certifying board. A mental health or child care practitioner may not engage in conversion therapy with an individual who is a minor. A mental health or child care practitioner who engaged in conversion therapy with an individual who is a minor shall be considered to have engaged in unprofessional conduct and shall be subject to discipline by the mental health or child care practitioner’s licensing or certifying board. No State funds may be used for the purpose of: Conducting, or referring an individual to receive, conversion therapy; Providing health coverage for conversion therapy; or Providing a grant to or contracting with any entity that conducts or refers an individual to receive conversion therapy. The Department shall adopt regulations necessary to implement this section.

A license or permit is considered renewed for purposes of this section if the license or permit is issued by a unit of State government to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license. Before any license or permit may be renewed under this article, the issuing authority shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection. .

To the extent practicable, the members appointed to each health occupations board authorized to issue a license or certificate under this article shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.

Each health occupations board authorized to issue a license or certificate under this article shall notify all licensees or certificate holders of board vacancies. Except as otherwise provided in this article, a health occupations board may give notice of a board vacancy by electronic mail or a notice on the board’s Web site.

The health occupations boards authorized to issue a license or certificate under this article shall develop collaboratively a training process and materials for new board members that include training in cultural competency.

The Secretary shall confirm the appointment of each administrator or executive director to each health occupations board authorized to issue a license or certificate under this article.

Each health occupations board authorized to issue a license or certificate under this article shall collect racial and ethnic information about the applicant as part of the board’s licensing, certifying, or renewal process.

In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized to practice a health occupation under this article. Subject to the hearing provisions that govern the discipline of a health care practitioner by each respective health occupations board, a health occupations board may reprimand, place on probation, or suspend or revoke a license or certificate of any health care practitioner under the board’s jurisdiction who fails to comply with § 14–3A–03(c) of the Public Safety Article.

Each health occupation board may develop a secure electronic system for the distribution of a renewed license, permit, certification, or registration required to be issued under this title. The system shall: Be accessible to the public for the purpose of verification of a current license, permit, certification, or registration; and Provide the licensee, permit holder, certificate holder, or registrant the option of printing a verification of the status of their license, permit, certification, or registration. Except as otherwise provided by law, a board that develops and implements a system authorized under subsection (a) of this section shall: Discontinue to send by first–class mail: A renewal notice for a license, permit, certification, or registration; and A renewed license, permit, certification, or registration; Send by electronic means: A renewal notice for a license, permit, certification, or registration; and A renewed license, permit, certification, or registration; and Continue to send by first–class mail an initial license, permit, certification, or registration. If a board chooses to send renewal notices or renewed licenses, permits, certifications, or registrations exclusively by electronic mail under subsection (c) of this section, the board shall, on request of the licensee, permit holder, certificate holder, or registrant, send by first–class mail: The renewal notice; The renewal application; or The renewed license, permit, certification, or registration.

In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession. This section applies only to a health care practitioner who practices in: A freestanding ambulatory care facility; A physician’s office; or An urgent care facility. Except as provided in subsection (d) of this section, when providing health care to a patient, a health care practitioner shall wear a badge or other form of identification displaying in readily visible type: The health care practitioner’s first name, nickname, last name, or full name that is commonly used in the office or facility; and The type of license of the health care practitioner. A badge or other form of identification is not required to be worn if: The patient is being seen in the office of a health care practitioner who is a solo practitioner; and The name and license of the health care practitioner can be readily determined by the patient from a posted license or sign in the office; or The patient is being seen in: An operating room or other setting where surgical or other invasive procedures are performed; or Any other setting where maintaining a sterile environment is medically necessary. Each health occupations board may adopt regulations to implement this section. The regulations, when necessary for the patient or health care practitioner’s safety or for therapeutic concerns may provide exemptions from wearing a badge or other form of identification. A violation may be reported to the health occupations board that licensed or certified the health care practitioner. In response to a reported violation, a health occupations board may send an advisory letter or a letter of education to the health care practitioner. An advisory letter or letter of education sent by a health occupations board under this section is confidential and may not be publicly reported as a disciplinary action.

In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession. A health care practitioner, or a student or trainee in an educational or training program to become a health care practitioner, may not perform a pelvic, prostate, or rectal examination on a patient who is under anesthesia or unconscious unless: The health care practitioner, student, or trainee obtained informed consent from the patient for the examination; The performance of the examination is within the standard of care for the patient; The patient is unconscious and the examination is required for diagnostic or treatment purposes; or An emergency exists, it is impractical to obtain the patient’s consent, and the examination is required for diagnostic or treatment purposes. A health occupations board, in accordance with the hearing procedures that govern the discipline of the health care practitioner under the board’s jurisdiction, may reprimand, place on probation, or suspend or revoke a license or certificate of a health care practitioner under the board’s jurisdiction who fails to comply with the requirements of this section.

In this section the following words have the meanings indicated. “Advisory committee” means a committee established by statute or regulation that functions as a subunit of a health occupations board. “Health occupations board” means a board authorized to issue a license, certificate, or registration under this article. An individual may not serve concurrently as a member of a health occupations board or an advisory committee and as an elected officer of a professional association organized under the laws of the State that represents and advocates for the interests of the individuals regulated by that health occupations board.

In this section, “controlled dangerous substance” has the meaning stated in § 5–101 of the Criminal Law Article. On treatment for pain, a health care provider, based on the clinical judgment of the health care provider, shall prescribe: The lowest effective dose of an opioid; and A quantity that is no greater than the quantity needed for the expected duration of pain severe enough to require an opioid that is a controlled dangerous substance unless the opioid is prescribed to treat: A substance–related disorder; Pain associated with a cancer diagnosis; Pain experienced while the patient is receiving end–of–life, hospice, or palliative care services; or Chronic pain. The dosage, quantity, and duration of an opioid prescribed under subsection (b) of this section shall be based on an evidence–based clinical guideline for prescribing controlled dangerous substances that is appropriate for: The health care service delivery setting for the patient; The type of health care services required by the patient; and The age and health status of the patient. When a patient is prescribed an opioid under subsection (b) of this section, the patient shall be advised of the benefits and risks associated with the opioid. When a patient is co–prescribed a benzodiazepine with an opioid that is prescribed under subsection (b) of this section, the patient shall be advised of the benefits and risks associated with the benzodiazepine and the co–prescription of the benzodiazepine. A violation of subsection (b) or (d) of this section is grounds for disciplinary action by the health occupations board that regulates the health care provider who commits the violation.

Subject to subsection (c) of this section, an applicant for the renewal of a license or certificate issued by a health occupations board under this article shall attest in the application that the applicant has completed an implicit bias and structural racism training program approved by the Cultural and Linguistic Health Care Professional Competency Program under § 20–1306 of the Health – General Article. Each health occupations board may adopt regulations that allow an applicant seeking license renewal to receive continuing education credits for completing an implicit bias and structural racism training program. The requirement under subsection (a) of this section that an applicant attest to the completion of an implicit bias and structural racism training program shall apply only to an applicant’s first license or certificate renewal after April 1, 2026.

In this section, “local university” means a public or private institution of higher education in the State with a public health, law, or social work program. “Local university” includes a program within an institution of higher education described in paragraph (1) of this subsection, such as the University of Maryland SAFE Center for Human Trafficking Survivors. Each health occupations board shall: Allow an applicant seeking license or certificate renewal to receive continuing education credits for completing a human trafficking awareness training program described in subsection (c) of this section; Conduct outreach to make individuals regulated by the board aware of human trafficking awareness training options, including by providing information in general board communications and on the board’s website; and Adopt regulations to carry out this section. A training program for which an applicant may receive continuing education credits under this section shall: Be approved by the Department in collaboration with a local university and in consultation with the Maryland Human Trafficking Task Force and organizations that provide direct services to human trafficking survivors; Be at least 1 hour in duration; Be readily accessible and provided to an individual described under subsection (b) of this section free of charge; and Include instruction on: The definitions and forms of sex and labor trafficking under federal and State law; An understanding of the trauma–informed care model; The physical, behavioral, and emotional indicators of human trafficking, particularly those presenting in a health care setting; Appropriate screening protocols and documentation methods; Mandatory reporting requirements under State law and established protocols for reporting suspected cases of human trafficking to the appropriate authorities, including the National Human Trafficking Hotline; and Available federal, State, and local resources and services for survivors of human trafficking.

Each health occupations board authorized to issue a license or certificate under this article shall: Include on the form for an application for the license or certificate or a license or certificate renewal an option for the applicant to provide the applicant’s race and ethnicity information; and Encourage an applicant to provide race and ethnicity information on the application.

In this section the following words have the meanings indicated. “Health care practitioner” means an individual who is licensed, certified, or otherwise authorized by law to provide health care services under this article. “Legally protected health care” has the meaning stated in § 2–312 of the State Personnel and Pensions Article. A health occupations board may not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision or support of the provision of legally protected health care if the legally protected health care was provided in accordance with the standard of care as determined by the relevant health occupations board established under this article and in accordance with the laws of this State. A health occupations board may not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner if the health care practitioner is disciplined by a licensure board in another state in whole or in part because of the provision or support of the provision of legally protected health care if the legally protected health care was provided in accordance with the standard of care as determined by the relevant health occupations board established under this article and in accordance with the laws of this State.

A health occupations board may not require as a condition for licensure, certification, or registration that an applicant: Provide proof that the applicant is lawfully present in the United States, as allowed under 8 U.S.C. § 1621; or Have a Social Security number or Individual Taxpayer Identification Number.

This section applies only to a health occupations board that does not otherwise have statutory authority to issue licenses or certifications under this article by reciprocity. Subject to subsection (c) of this section, a health occupations board may adopt regulations to establish reciprocity for individuals who are licensed or certified in another state that offers similar reciprocity to individuals licensed or certified by the health occupations board under this article. Regulations adopted by a health occupations board under subsection (b) of this section shall require that an applicant: Be licensed or certified in another state under requirements that the health occupations board determines are substantially equivalent to its licensing or certification requirements established under this article; Be in good standing under the laws of the other state; Submit an application to the health occupations board on a form that the board requires; Pay to the health occupations board an application fee set by the board; and Satisfy any other requirements established by statute or regulations adopted by the health occupations board.

If a health occupations board requires evidence of English proficiency as a condition for licensure, certification, or registration, the health occupations board may not require an applicant who holds a valid, unrestricted license, certification, or registration from another state that requires evidence of English proficiency for licensure, certification, or registration to provide additional evidence of English proficiency. Each health occupations board that requires evidence of English proficiency as a condition for licensure, certification, or registration shall prominently maintain on its website a statement that an applicant may not be required to provide additional evidence of English proficiency if the applicant holds a valid, unrestricted license, certification, or registration from another state that requires evidence of English proficiency for licensure, certification, or registration.

This section applies only to a licensee or certificate holder who evaluates and manages menopause and menopause–associated symptoms while acting within the scope of the license or certificate. Each health occupations board that requires a licensee or certificate holder to complete continuing education as a condition of the renewal of the license or certificate shall grant at least 2 hours of continuing education credits for every 1 hour of continuing education on menopause and menopause–associated symptoms completed by the licensee or certificate holder. The Department shall identify at least one training program for licensees and certificate holders regarding the evaluation and management of menopause and menopause–associated symptoms that may be used for the purposes of subsection (b) of this section. In identifying a training program under paragraph (1) of this subsection, the Department shall consult with professional associations with expertise in menopause and menopause–associated symptoms, including the Menopause Society. A health occupations board subject to this section may adopt regulations to carry out this section, including regulations establishing the maximum number of continuing education credits that may be granted under this section.