There is a State Board of Nursing in the Department.
The Board consists of 14 members.
Of the 14 Board members:
9 shall be registered nurses;
1 shall be a licensed nurse who is either a licensed practical nurse, a registered nurse, or an advanced practice registered nurse;
2 shall be licensed practical nurses; and
2 shall be consumers.
Of the 9 registered nurse members:
2 shall be advanced practice registered nurses;
1 shall be a baccalaureate nursing educator with, at least, a master’s degree in nursing or education;
1 shall be an associate degree nursing educator with, at least, a master’s degree in nursing or education;
1 shall be a practical nursing educator with, at least, a master’s degree in nursing or education;
1 shall be a nurse administrator with, at least, a master’s degree in nursing administration, business administration, business management, education, or public health;
1 shall be a nurse clinician with at least a master’s degree in nursing or public health;
1 shall be a currently practicing nurse, who has practiced acute care for at least 5 years, with a bachelor of science degree in nursing; and
1 shall be a currently practicing nurse who has practiced as a delegating nurse in a supervised group living setting, as defined in COMAR 10.27.11.02(21), for at least 5 years.
Of the 2 licensed practical nurse members, at least 1 shall practice in a long–term care nursing facility.
The Governor shall appoint:
The advanced practice registered nurse members, with the advice of the Secretary, from a list of qualified individuals jointly developed in accordance with the requirements of subsection (a)(3)(i) of this section and submitted to the Secretary and the Governor by the:
Maryland Association of Nurse Anesthetists, Inc.;
Nurse Practitioners Association of Maryland, Inc.;
Maryland Academy of Advanced Practice Clinicians;
Maryland Chapter, American College of Nurse–Midwives; and
Psychiatric Advance Practice Nurses of Maryland; and
The other registered nurse members, with the advice of the Secretary, from:
A list of qualified individuals submitted to the Secretary and the Governor by:
The Maryland Nurses Association, Inc.; or
Any other professional nursing organization that represents at least 25 licensed registered nurses; or
A valid petition submitted to the Secretary and the Governor by a registered nurse with an active license under this title.
The Governor shall appoint the licensed practical nurse members, with the advice of the Secretary, from:
A list of qualified individuals submitted to the Secretary and the Governor by:
The Maryland Licensed Practical Nurse Association, Inc.; or
Any other professional nursing organization representing at least 25 licensed practical nurses; or
A valid petition submitted to the Secretary and the Governor by a licensed practical nurse with an active license under this title.
A list submitted to the Secretary and the Governor under this subsection shall be 5 times the number of vacancies.
A petition submitted to the Secretary and the Governor under this subsection shall:
For a registered nurse member vacancy, have at least 25 signatures of support from registered nurses with active licenses in the State;
For an advanced practice registered nurse member vacancy, have at least 25 signatures of support from advanced practice registered nurses with active licenses in the State; and
For a licensed practical nurse member vacancy, have at least 25 signatures of support from licensed practical nurses with active licenses in the State.
The Board shall provide notice of a vacancy on the Board to:
All registered nurses, advanced practice registered nurses, and licensed practical nurses with an active license in the State; and
All appropriate professional nursing organizations.
The Governor may request an additional list of 5 nominees for each vacancy from the appropriate professional nursing organizations.
The Governor shall make the appointment for each vacancy from the lists or petitions submitted under this subsection.
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
To the extent practicable, the members appointed to the Board shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.
Each member of the Board shall be:
A citizen of the United States; and
A resident of this State.
A registered nurse member of the Board shall:
Have graduated from an approved school of nursing or its equivalent; and
Have at least 5 years of experience in nursing administration, education, or practice, which includes at least the 3 years immediately before the appointment.
A member of the Board who is an advanced practice registered nurse shall:
Hold a current license to practice registered nursing in this State;
Hold a current certification in an advanced practice registered nursing specialty in this State; and
Have at least 5 years of experience in an advanced practice registered nursing education program or practice, including at least the 3 years immediately before the appointment.
A licensed practical nurse member of the Board shall have at least 5 years of experience in the practice of licensed practical nursing, which includes at least the 3 years immediately before the appointment.
Each consumer member of the Board:
Shall be a member of the general public;
May not be or ever have been a registered nurse or licensed practical nurse or in training to become a registered nurse or licensed practical nurse;
May not have a household member who is a registered nurse or licensed practical nurse or in training to become a registered nurse or licensed practical nurse;
May not participate or ever have participated in a commercial or professional field related to registered nursing or licensed practical nursing;
May not have a household member who participates in a commercial or professional field related to registered nursing or licensed practical nursing; or
May not have had within 2 years before appointment a substantial financial interest in a person who is regulated by the Board.
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
The term of a member is 4 years, except that the initial term of 1 of the consumer members is 2 years.
The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 1981.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun may serve an additional 2 consecutive full terms.
A member may not serve more than 2 consecutive full terms.
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
The Governor may remove a member for incompetence, misconduct, neglect of a duty required by law, unprofessional conduct, or dishonorable conduct.
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.
Subject to paragraph (2) of this subsection, from among its members, the Board shall elect a president and a secretary once every 2 years in June or as required by subsection (c) of this section.
The president of the Board shall be a registered nurse.
The president shall serve a 2–year term unless:
The term of the member serving as the president expires before the end of the member’s term as president; or
The president resigns.
The Board shall determine:
The manner of election of officers; and
The duties of each officer.
If a vacancy occurs under subsection (a)(3)(ii) of this section, the Board shall hold a special election to elect a president to complete the term of the vacating president within 30 days of the date of the vacancy.
A majority of the appointed members serving on the Board is a quorum.
In addition to the other meeting requirements of this title, the Board shall meet:
At the request of the Secretary; or
If necessary to transact its business.
In accordance with the State budget, each member of the Board is entitled to:
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
Reimbursement for expenses under the Standard State Travel Regulations.
The Secretary may employ a staff for the Board in accordance with the State budget.
The Secretary may designate one of the staff who is a registered nurse as an executive director.
The Secretary may set the compensation of an employee of the Board in a position that:
Is unique to the Board;
Requires specific skills or experience to perform the duties of the position; and
Does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
The Secretary of Budget and Management, in consultation with the Secretary, shall determine the positions for which the Secretary may set compensation under paragraph (2) of this subsection.
In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
To adopt rules and regulations to carry out the provisions of this title;
To set standards for the practice of registered nursing, advanced practice registered nursing, licensed practical nursing, certified nursing assistants, certified dialysis technicians, certified medication technicians, electrology, direct–entry midwifery, and certified midwifery;
To adopt rules and regulations for the performance of delegated medical functions that are recognized jointly by the State Board of Physicians and the State Board of Nursing, under § 14–306(d) of this article;
To adopt rules and regulations for the performance of additional nursing acts that:
May be performed under any condition authorized by the Board, including emergencies; and
Require education and clinical experience;
To adopt rules and regulations for registered nurses to perform independent nursing functions that:
Require formal education and clinical experience; and
May be performed under any condition authorized by the Board, including emergencies;
To adopt rules and regulations for licensed practical nurses to perform additional acts in the practice of registered nursing that:
Require formal education and clinical experience;
May be performed under any condition authorized by the Board, including emergencies; and
Are recognized by the Nursing Board as proper for licensed practical nurses to perform;
To keep a record of its proceedings;
To submit to the Governor, the Secretary, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, an annual report that includes:
The following data calculated on a fiscal year basis:
The number of initial and renewal licenses and certificates issued;
The number of positive and negative criminal history records checks results received;
The number of individuals denied initial or renewal licensure or certification due to positive criminal history records checks results;
The number of individuals denied licensure or certification due to reasons other than a positive criminal history records check;
The number of new complaints received;
The number of complaints carried over from year to year;
The most common grounds for complaints;
The number and types of disciplinary actions taken by the Board; and
Any additional aggregate data, identified by the Board in consultation with stakeholders, determined to be necessary to facilitate workforce and health planning purposes that does not reference any individual’s name or other personal identifier; and
By analyzing information gathered from renewal applications submitted under § 8–312 of this title, an evaluation of the State’s nursing workforce by certification level, region, and type of workplace, including hospitals and home health workers;
To enforce the employment record requirements of this title;
To keep separate lists, which lists are open to reasonable public inspection, of all:
Registered nurses licensed under this title;
Licensed practical nurses licensed under this title;
Nurse midwives certified under this title;
Nurse practitioners certified under this title;
Nurse anesthetists certified under this title;
Clinical nurse specialists certified under this title;
Certified medication technicians certified under this title;
Electrologists licensed under this title;
Direct–entry midwives licensed under this title;
Certified midwives licensed under this title; and
Other licensees with a nursing specialty that is certified under this title;
To collect any funds of the Board;
To report any alleged violation of this title to the State’s Attorney of the county where the alleged violation occurred;
In accordance with the State budget, to incur any necessary expense for prosecution of an alleged violation of this title;
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 nurse in independent practice, other than an office of a nurse in independent practice in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
To maintain a nurse aide registry that complies with federal law;
To appoint standing and ad hoc committees from among Board members as necessary; and
To delegate to the executive director of the Board the authority to discharge Board duties deemed appropriate and necessary by the Board and to hold the executive director accountable to the Board.
With regard to any list kept by the Board under subsection (a)(10) of this section, upon written request from an individual licensee the Board shall delete that individual’s name from any licensee list purchased from the Board.
The Board is the only unit of the Department that is responsible for adopting rules and regulations to determine:
Individuals to whom any act of the practice of registered nursing and licensed practical nursing may be delegated; and
The acts that may be delegated safely.
The Department shall retain its authority to require training for nonlicensed patient care personnel under § 19–308.1 of the Health – General Article.
If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of nursing or certified midwifery, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board.
In return for the privilege to practice nursing or certified midwifery in the State, the applicant or licensee is deemed to have:
Consented to submit to an examination under this section, if requested by the Board in writing; and
Waived any claim of privilege as to the testimony or examination reports of the examining health care professional.
The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice nursing or certified midwifery competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.
The Board shall pay the cost of any examination made under this section.
There is a Board of Nursing Fund.
The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.
In addition to the fee set by the Board under this title for the renewal of a nurse practitioner who holds an advanced practice registered nurse certification, the Board shall assess a separate $15 fee for the renewal of the nurse practitioner, regardless of the number of certifications held by the nurse practitioner.
The Board shall pay the fee collected under subparagraph (i) of this paragraph to the Nurse Practitioner Preceptorship Tax Credit Fund established under § 10–739 of the Tax – General Article.
The Board shall publish in its rules and regulations the fees that it sets.
The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.
The Comptroller shall distribute the fees received from the Board to the Board of Nursing Fund.
The Board of Nursing Fund shall be used exclusively 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 title.
The Board of Nursing Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.
Any unspent portions of the Board of Nursing Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Nursing Fund to be used for the purposes specified in this title.
No other State money may be used to support the Board of Nursing Fund.
The Chairman of the Board or the designee of the Chairman shall administer the Board of Nursing Fund.
Money in the Board of Nursing Fund may be expended only for any lawful purpose authorized by the provisions of this title.
The Legislative Auditor shall audit the accounts and transactions of the Board of Nursing Fund as provided in § 2–1220 of the State Government Article.
A person shall have the immunity from liability described under § 5-708 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
In this section the following words have the meanings indicated.
“Applicant” means an individual who has submitted an application to the Board to be licensed as a registered nurse, licensed practical nurse, electrologist, licensed direct–entry midwife, or licensed certified midwife or to be certified as an advanced practice registered nurse, a nursing assistant, a dialysis technician, or a medication technician in this State.
“Participant” means a registered nurse, an advanced practice registered nurse, a licensed practical nurse, a nursing assistant, a medication technician, an electrologist, a licensed direct–entry midwife, a licensed certified midwife, a certified dialysis technician, or an applicant enrolled in the safe practice program.
“Program” means the safe practice program.
“Substance use disorder” means a disorder that occurs when an individual exhibits a pattern of behaviors ranging from the misuse of, dependence on, or addiction to drugs, alcohol, or other chemicals.
There is a Safe Practice Committee in the Board.
The Board may create one or more safe practice committees.
The Committee shall consist of 6 members.
Of the 6 Committee members:
3 shall be licensed registered nurses, who have demonstrated expertise in the field of substance use disorders or psychiatric nursing;
1 shall be a registered nurse, who has demonstrated expertise in the area of pain management;
1 shall be a licensed practical nurse; and
1 shall be a consumer member, who is knowledgeable in the field of substance use disorders.
The Board shall determine the term of a member of the Committee.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A Committee 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.
The Board may remove a Committee member for incompetence or misconduct.
The Committee shall elect a chairperson and a vice–chairperson.
The manner of election of officers shall be as the Committee determines.
A majority of the members then serving on the Committee is a quorum.
The Committee shall determine the times and places of its meetings.
Each member of the Committee is entitled to:
Compensation in accordance with the State budget; and
Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Board may employ a staff to carry out the activities of the Committee in accordance with the State budget.
In addition to the powers set forth elsewhere in this subtitle, the Committee may:
Evaluate those registered nurses, advanced practice registered nurses, licensed practical nurses, nursing assistants, medication technicians, electrologists, licensed direct–entry midwives, licensed certified midwives, certified dialysis technicians, or applicants who request participation in the program according to the guidelines prescribed by the Board and consider the recommendations for admission into the program;
Receive and review information concerning a participant in the program;
Consider in the case of each participant whether the participant may safely continue or resume to practice or qualify for licensure or certification to practice; and
Have meetings as necessary to consider the requests of registered nurses, advanced practice registered nurses, licensed practical nurses, nursing assistants, medication technicians, electrologists, licensed direct–entry midwives, licensed certified midwives, certified dialysis technicians, or applicants to participate in the program, and consider reports regarding participants.
In addition to the duties set forth elsewhere in this subtitle, the Committee shall:
Prepare reports to be submitted to the Board; and
Set forth in writing for each participant in the program a plan or agreement that establishes for that participant the requirements for supervision and monitoring.
The Committee shall inform each licensee, certificate holder, or applicant who requests participation in the program of:
The procedures followed in the program;
The rights and responsibilities of a participant in the program; and
The possible results of noncompliance with the program.
Each licensee, certificate holder, or applicant who requests to participate in the program shall agree to cooperate with the individual plan or agreement designed by the Committee.
Any failure to comply with the conditions of a plan or agreement may result in the participant being expelled from the program.
The Committee shall report to the Board the name and license number of a registered nurse, licensed practical nurse, electrologist, licensed direct–entry midwife, or licensed certified midwife, the name and certificate number of an advanced practice registered nurse, a nursing assistant, a medication technician, or a certified dialysis technician, or the name of an applicant who is expelled from the program for failure to comply with the conditions of a plan or agreement.
The program shall transfer to the Board all records of any participant expelled from the program.
If a participant is expelled from the program, the Board may:
Initiate disciplinary action in accordance with the provisions of §§ 8–316 and 8–317, §§ 8–6A–10 and 8–6A–10.1, §§ 8–6B–18 and 8–6B–19, § 8–6C–20, or § 8–6D–10 of this title; and
Summarily suspend the license or certificate of any licensee or certificate holder in accordance with Title 10, Subtitle 2 of the State Government Article.
After the Committee has determined that a participant no longer requires monitoring and may practice safely, the Committee shall purge and destroy all records relating to the participant’s participation in the program.
All Board and Committee records concerning a participant in the program are confidential and are not subject to discovery or subpoena in any civil or criminal action or disclosure under Title 4 of the General Provisions Article.
The Board shall provide for the representation of any individual making reports to the Committee or the Board under this section in any action for defamation directly resulting from reports or information given to the Committee or the Board regarding a participant’s participation in the program.
The Committee shall submit to the Board a report each year and at the request of the Board.
The reports shall include:
Information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance; and
A cost analysis of the program.