Title 8. Nurses — Subtitle 3
Statutes in effect as of October 1, 2026.
(a)
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice registered nursing in this State.
(b)
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice licensed practical nursing in this State.
(c)
Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be certified as an advanced practice registered nurse before the individual may practice advanced practice registered nursing in this State.
(d)
Subsections (a), (b), and (c) of this section do not apply to:
(1)
A student enrolled in an approved education program while practicing registered nursing or licensed practical nursing in that program;
(2)
A student enrolled in a graduate level accredited program for advanced practice registered nursing while practicing advanced practice registered nursing in that program;
(3)
An individual employed by the federal government to practice registered nursing or licensed practical nursing while practicing within the scope of that employment, if the individual is authorized by any state to practice registered nursing or licensed practical nursing;
(4)
An individual permitted to practice registered nursing or licensed practical nursing under rules and regulations adopted by the Board, if the individual:
(i)
Otherwise has qualified to practice registered nursing or licensed practical nursing in any other state or country and is in this State temporarily; or
(ii)
(1)
Has an application for a license pending before the Board; and
(2)
(A)
Has not taken the examination required under this title;
(B)
Has taken an examination under this title, but the results of the examination are not yet known;
(C)
Has taken and passed an examination under this title, but is waiting for the completion of the criminal history records check; or
(D)
Has taken and failed an examination required under this title but has not failed the examination more than one time within the 120–day period immediately following the submission of the application to the Board;
(5)
An individual permitted to practice advanced practice registered nursing under rules and regulations adopted by the Board;
(6)
An individual who provides gratuitous care for friends, domestic partners, or family members; or
(7)
An individual who responds to a disaster situation in this State to practice registered nursing or licensed practical nursing, if:
(i)
The individual has an active unencumbered license to practice registered nursing or licensed practical nursing in another state and the individual is assigned by:
(1)
The American Red Cross; or
(2)
A member of the Maryland Emergency Management Assistance Compact under § 14–803 of the Public Safety Article;
(ii)
The Governor has declared a State of Emergency by Executive Order or proclamation in accordance with § 3–401 of the State Government Article; and
(iii)
The individual reports to the designated staging area in accordance with § 14–803(2)(b)(5)(iv) of the Public Safety Article.
(e)
A registered nurse or licensed practical nurse in a party state to the Nurse Multistate Licensure Compact shall hold a license in only one party state at a time, that is issued by the home state in accordance with Subtitle 7A of this title.
(f)
A registered nurse who has been granted multistate licensing privileges by a party state to the Nurse Multistate Licensure Compact set forth in Subtitle 7A of this title may practice registered nursing in the State.
(g)
A licensed practical nurse who has been granted multistate licensing privileges by a party state to the Nurse Multistate Licensure Compact set forth in Subtitle 7A of this title may practice practical nursing in the State.
(a)
Except as otherwise provided in this title, to qualify for a license, an applicant shall be an individual who submits to a criminal history records check in accordance with § 8–303 of this subtitle and meets the requirements of this section.
(b)
An applicant for a license to practice registered nursing shall complete satisfactorily and meet all requirements for a diploma or degree from:
(1)
An entry–level registered nursing education program approved by the Board; or
(2)
An entry–level registered nursing education program in any other state or country that the Board finds substantially equivalent to the education program in this State at the time of the applicant’s graduation.
(c)
An applicant for a license to practice licensed practical nursing shall:
(1)
Meet all requirements for a high school diploma or its equivalent; and
(2)
Complete satisfactorily and meet all requirements for a diploma from:
(i)
A licensed practical nursing education program or its equivalent approved by the Board; or
(ii)
An education program in licensed practical nursing in any other state or country that the Board finds substantially equivalent to the education program in this State at the time of the applicant’s graduation.
(d)
Except as otherwise provided in this title, the applicant shall pass an examination developed by the National Council of State Boards of Nursing and administered at a testing site approved by the National Council.
(e)
(1)
Except as otherwise provided in this subsection, the Board shall require as part of its examination or licensing procedures that an applicant for a license to practice registered nursing or licensed practical nursing demonstrate a written and oral competency in the English language.
(2)
Acceptable proof of proficiency in the communication of the English language under this section includes:
(i)
After at least 3 years of enrollment, graduation from a recognized English–speaking undergraduate school;
(ii)
Graduation from a recognized English–speaking professional school;
(iii)
Completion of at least 5 years of practicing nursing in another state or English–speaking territory of the United States;
(iv)
Passing an English proficiency exam approved by the U.S. Department of Health and Human Services; or
(v)
Holding a valid, unencumbered multistate license under the Nurse Licensure Compact.
(3)
If any disciplinary charge or action that involves a problem with communicating in the English language is brought against a licensee under this title, the Board shall require the licensee to take and pass a Board approved standardized test of English language competency.
(4)
The Board may not require that an applicant for a license to practice registered nursing or licensed practical nursing who is or was previously licensed in any other state to practice registered nursing or licensed practical nursing to demonstrate competency in the English language as part of its examination or licensing procedures if the other state has an English language competency component as part of its examination or licensing procedures.
(5)
(i)
The Board may issue a temporary license to any applicant for a license to practice registered nursing or licensed practical nursing who was previously licensed in any other state to practice registered nursing or licensed practical nursing and who, except for the competency in the English language component, is otherwise qualified for a license.
(ii)
A temporary license issued under this subsection is valid only until the date when the next test to demonstrate competency in the English language is given.
(f)
An applicant for a license under this section shall be of good moral character.
(a)
Except as otherwise provided in this title, to qualify for advanced practice certification, an applicant shall:
(1)
Be of good moral character;
(2)
Submit to a criminal history records check in accordance with § 8–303 of this subtitle; and
(3)
Meet the requirements of this section.
(b)
An applicant for certification as an advanced practice registered nurse shall:
(1)
(i)
Be a registered nurse; or
(ii)
Have a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact;
(2)
Complete an education program approved by the Board;
(3)
Submit to the Board:
(i)
A completed application for certification as an advanced practice registered nurse for each area in which certification is sought;
(ii)
Documentation of:
(1)
An active license in good standing as a registered nurse in the State; or
(2)
A multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact;
(iii)
Documentation that the applicant has graduated from a graduate level accredited program for advanced practice registered nursing; and
(iv)
Documentation of certification as an advanced practice registered nurse by a national certifying body recognized by the Board;
(4)
Meet the English language competency requirements under § 8–302(e) of this subtitle; and
(5)
Meet any other requirements set by the Board.
(c)
An individual certified as a clinical nurse specialist who was certified by a national certifying body recognized by the Board before October 1, 2012, shall be deemed to meet the requirements for certification under subsection (b) of this section while the individual remains certified and in good standing.
(d)
(1)
An applicant for initial certification as a registered nurse practitioner who has not been certified by the Board or any other board of nursing shall identify on the application for certification a mentor who will consult and collaborate with the applicant for 18 months beginning on the date the application for certification is received by the Board.
(2)
A certified registered nurse practitioner shall practice in accordance with the standards of practice of the American Association of Nurse Practitioners or any other national certifying body recognized by the Board.
(e)
An advanced practice registered nurse who qualifies for certification by the Board by having a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact shall ensure, at all times, that the Board has current documentation of certification as an advanced practice registered nurse by a national certifying body as required under subsection (b)(3)(iv) of this section for the area of specialty for which the advanced practice registered nurse is certified by the Board.
(f)
(1)
(i)
Except as provided in subparagraph (ii) of this paragraph, an advanced practice registered nurse’s certification expires on the same date as the advanced practice registered nurse’s license to practice registered nursing.
(ii)
The term of certification for an advanced practice registered nurse who qualifies for certification by the Board by having a multistate licensure privilege to practice registered nursing under the Nurse Licensure Compact:
(1)
Is 2 years; and
(2)
Expires on the 28th day of the birth month of the advanced practice registered nurse in an odd–numbered year for a birth date ending in an odd–numbered year or in an even–numbered year for a birth date ending in an even–numbered year.
(2)
Before an advanced practice registered nurse’s certification expires, the advanced practice registered nurse may renew the certification for an additional 2–year term if the advanced practice registered nurse is otherwise entitled to be licensed.
(3)
The Board may not renew the certification of an advanced practice registered nurse if the Board does not have documentation of the licensee’s current certification as an advanced practice registered nurse by a national certifying body recognized by the Board as required under subsection (b)(3)(iv) of this section for the area of specialty for which the advanced practice registered nurse is certified by the Board.
The Board shall require a criminal history records check in accordance with § 8–303 of this subtitle for:
(1)
Applicants for certification as a forensic nurse examiner;
(2)
Applicants for certification as a workers’ compensation case manager;
(3)
Selected annual renewal applicants for certification as a forensic nurse examiner or workers’ compensation case manager, as required by regulations adopted by the Board; and
(4)
Applicants for reinstatement as a certified forensic nurse examiner or workers’ compensation case manager, if the applicant files for reinstatement after failing to renew the certification for a period of 1 year or more.
(a)
In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)
As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)
A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)
The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
(3)
The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(d)
(1)
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.
(2)
The Board shall notify each applicant that:
(i)
The applicant’s fingerprints will be retained by the Central Repository; and
(ii)
All new and additional criminal information will be reported to the Board.
(3)
The Board may enter into an agreement with the Central Repository and the Federal Bureau of Investigation to carry out this subsection.
(e)
If an applicant has made two or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.
(f)
Information obtained from the Central Repository under this section:
(1)
Is confidential;
(2)
May not be redisseminated; and
(3)
May be used only for the licensing purpose authorized by this title.
(g)
The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
To apply for a license to practice registered nursing or licensed practical nursing, an applicant shall:
(1)
Submit to a criminal history records check in accordance with § 8–303 of this subtitle;
(2)
Submit to the Board:
(i)
An application on the form that the Board requires, including a current address;
(ii)
Written, verified evidence that the requirement of item (1) of this section is being met or has been met;
(iii)
Written, verified evidence of completion of the appropriate education requirements of § 8–302 of this subtitle; and
(iv)
Written, verified evidence satisfactory to the Board that the applicant’s primary state of residence is Maryland or a state that is not a party state to the Nurse Licensure Compact set forth in Subtitle 7A of this title; and
(3)
Pay to the Board the application fee set by the Board.
(a)
Except as otherwise provided in subsections (b) and (c) of this section, an applicant who otherwise qualifies for a license as a registered nurse or as a licensed practical nurse is entitled to be examined for that license as provided in this section.
(b)
An applicant whose primary state of residence is a party state to the Nurse Licensure Compact set forth in Subtitle 7A of this title, other than Maryland, is not entitled to be examined for a license as a registered nurse or licensed practical nurse in the State.
(c)
Subject to the hearing provisions of § 8–317 of this subtitle, the Board may deny the right to be examined for a license as a registered nurse or as a licensed practical nurse to any applicant who is found to have violated any provision of § 8–316 of this subtitle.
(d)
(1)
In this subsection, “preceptorship program” means:
(i)
An organized system of clinical experience that pairs a nursing student enrolled in a nursing education program that is recognized by the Board with a registered nurse who meets the qualifications as a preceptor for the purpose of attaining specified learning objectives; or
(ii)
An individualized and supervised clinical experience offered by an institution employing nurses that complies with the requirements for temporary licensure for the purpose of facilitating an inactive licensee to return to active practice in accordance with the requirements of paragraph (2) of this subsection.
(2)
An applicant whose nursing education program was completed 5 or more years prior to passing the licensure examination and who has not practiced for at least 1,000 hours in the previous 5 years may only be issued an inactive license until submission to the Board of satisfactory evidence that the applicant has successfully completed:
(i)
A nursing review course approved by the Board; or
(ii)
A preceptorship program approved by the Board.
(e)
(1)
Except as provided in paragraph (2) of this subsection, an applicant who fails an examination may retake the examination if the applicant pays the reexamination fee set by the Board for each reexamination.
(2)
The Board, by rule or regulation, may limit the number of times that an applicant may be reexamined after two failures and may limit the interval of time between reexaminations.
An applicant qualifies for certification as an advanced practice registered nurse only if the applicant passes a Board–approved national examination for advanced practice registered nurses.
(a)
Subject to the provisions of this section, the Board may issue a license by endorsement and waive any appropriate examination requirement of this title for an applicant who has an active unencumbered license to practice registered nursing or licensed practical nursing in any other state or country.
(b)
The Board may issue a license by endorsement under this section only if the applicant:
(1)
Submits to the Board an application on the form that the Board requires;
(2)
Submits to a criminal history records check in accordance with § 8–303 of this subtitle;
(3)
Pays the application fee set by the Board under § 8–304 of this subtitle; and
(4)
(i)
(1)
Holds a valid, unencumbered multistate license under the Nurse Licensure Compact; or
(2)
Except as provided in subsection (c) of this section, provides adequate evidence that:
(A)
At the time the applicant graduated from a nursing education program approved in the other state or country, the program was substantially equivalent to the education program approved in this State;
(B)
At the time the applicant became licensed or registered in the other state or country, the applicant passed in that or any other state or country an examination that was similar to the examination that then was given in this State; and
(ii)
Meets the qualifications otherwise required by this title.
(c)
(1)
An applicant for licensure as a registered nurse by endorsement who cannot provide the evidence required under subsection (b)(4)(i) of this section may qualify for licensure as a registered nurse by endorsement if the applicant meets the requirements of paragraph (2) of this subsection.
(2)
An applicant may qualify for licensure as a registered nurse by endorsement if the applicant has:
(i)
Completed satisfactorily and met all requirements for an associate or a baccalaureate degree in registered nursing from a college or university that, at the time of the applicant’s graduation, is:
(1)
Accredited by a national or regional nursing accreditation agency that is recognized by the Secretary of the U.S. Department of Education or the Council for Higher Education Accreditation; and
(2)
Approved by the board of nursing or other applicable state regulator in the state in which the program is located; and
(ii)
Completed a minimum number of direct patient care practice hours as required by regulations adopted by the Board.
(a)
Subject to subsection (c) of this section, the Board shall license any applicant who meets the requirements for a license as:
(1)
A registered nurse under this title; or
(2)
A licensed practical nurse under this title.
(b)
(1)
The Board shall:
(i)
Issue each new licensee a license number and registration certificate that indicates that the initial license was issued by the Board; and
(ii)
Electronically record each license in the Board’s database and on the Board’s Web site.
(2)
Each license shall include:
(i)
Any expiration date;
(ii)
The type of license; and
(iii)
Any certification.
(c)
(1)
On receipt of the criminal history record information of an applicant for licensure or certification forwarded to the Board in accordance with § 8–303 of this subtitle, in determining whether to grant a license or a certificate, the Board shall consider:
(i)
The age at which the crime was committed;
(ii)
The circumstances surrounding the crime;
(iii)
The length of time that has passed since the crime;
(iv)
Subsequent work history;
(v)
Employment and character references; and
(vi)
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, the Board may not issue a license or a certificate if the criminal history record information required under § 8–303 of this subtitle has not been received.
(ii)
The Board may grant a 90–day extension of a temporary license pending receipt of criminal history record information.
(a)
If an individual has been licensed by the Board to practice registered nursing or licensed practical nursing in this State in accordance with the requirements of this subtitle, the individual may be subsequently licensed as a registered nurse or as a licensed practical nurse on inactive status.
(b)
The Board shall place a licensee on inactive status and record the inactive status in the Board’s database and on the Board’s Web site if the licensee:
(1)
(i)
Has not satisfactorily completed 1,000 hours of active nursing practice within the 5–year period immediately preceding the date of anticipated renewal;
(ii)
Chooses inactive status; or
(iii)
Submits documentation of a medical condition that the Board determines will prevent the licensee from practicing as a registered nurse or licensed practical nurse;
(2)
(i)
Completes the biennial application for inactive status; and
(ii)
If applicable, provides documentation of a continuing medical condition; and
(3)
Pays the applicable fees as required by the Board.
(c)
A licensee on inactive status may not practice nursing in this State, but:
(1)
A registered nurse on inactive status may use the title “Registered Nurse”, or the abbreviation “RN”; and
(2)
A practical nurse on inactive status may use the title “Licensed Practical Nurse”, or the abbreviation “LPN”.
(d)
(1)
A licensee on inactive status may apply for reactivation of the license to practice nursing if the licensee:
(i)
Meets the renewal requirements of § 8–312 of this subtitle; and
(ii)
If applicable, submits documentation satisfactory to the Board that the medical condition for which the inactive status was granted no longer exists.
(2)
If a licensee meets the requirements of paragraph (1) of this subsection, the Board shall:
(i)
Record the status of the licensee as active in the Board’s database and on the Board’s Web site; and
(ii)
Reactivate the licensee’s license to practice nursing in this State.
(e)
(1)
If a licensee is granted inactive status because of a medical condition, the Board may not charge a fee to place the licensee on or remove the licensee from inactive status.
(2)
If a licensee is granted inactive status because of a medical condition, the inactive status:
(i)
May not be considered a disciplinary action under § 8–316 of this subtitle; and
(ii)
May not be reported to any certifying entity, employer, or insurance company as a disciplinary action.
(a)
A license to practice registered nursing authorizes the licensee to practice registered nursing while the license is effective.
(b)
A licensee may practice registered nursing using only the name in which the license has been issued.
(a)
Subject to the provisions of this section, a license to practice licensed practical nursing authorizes the licensed practical nurse to practice licensed practical nursing while the license is effective.
(b)
(1)
The licensed practical nurse is a recognized member of the health professional team and performs an integral part of nursing.
(2)
Except as provided in the rules and regulations of the Board adopted under § 8-205 of this title, a licensed practical nurse may practice licensed practical nursing only in a team relationship with at least one licensed health professional who is not a licensed practical nurse.
(c)
A licensed practical nurse may administer treatment or medication only if the treatment or medication is prescribed by an individual who is authorized by law to prescribe medication or treatment.
(d)
A licensed practical nurse may teach or supervise commensurate with the education and demonstrated competencies of the licensed practical nurse.
(e)
A licensed practical nurse may practice practical nursing using only the name in which the license has been issued.
(a)
A license expires on the 28th day of the birth month of the licensee and may not be renewed for a term longer than 2 years.
(b)
(1)
At least 3 months before a license expires, the Board shall send to the licensee a renewal notice by:
(i)
First–class mail to the last known mailing address of the licensee; or
(ii)
Electronic means to the last known electronic address of the licensee.
(2)
If a licensee is required to have a criminal history records check before a license may be renewed, the Board shall send the licensee the documents necessary for initiating the criminal history records check in conjunction with the renewal notice required under paragraph (1) of this subsection.
(c)
Before a license expires, the licensee periodically may renew it for an additional term, if the licensee:
(1)
Otherwise is entitled to be licensed;
(2)
Pays to the Board:
(i)
A renewal fee set by the Board; or
(ii)
A renewal fee that is set by the Board if the licensee certifies to the Board that the licensee provides professional services only as a volunteer; and
(3)
Submits to the Board by paper application or electronic means:
(i)
A renewal application on the form that the Board requires that includes workforce data information necessary for the report required under § 8–205(a) of this title; and
(ii)
Satisfactory evidence of completion of:
(1)
1,000 hours of active nursing practice within the 5–year period immediately preceding the date of renewal;
(2)
A course of instruction, commonly known as a refresher course, approved by the Board;
(3)
A preceptorship program provided by an employer and approved by the Board; or
(4)
A minimum number of continuing education units as required by regulations adopted by the Board.
(d)
The Board may grant a 30–day extension, beyond a license’s expiration date, to a licensee so that the licensee may renew the license before it expires.
(e)
(1)
Each licensee shall notify the Board in writing of any change in the name or address of the licensee within 60 days after the change occurred.
(2)
If a licensee fails to notify the Board within the time required under this subsection, subject to the hearing provisions of § 8–317 of this subtitle, the Board may impose an administrative penalty of $100.
(f)
(1)
Subject to subsection (g) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.
(2)
A volunteer’s license issued under subsection (c)(2)(ii) of this section shall be clearly designated as a volunteer’s license.
(g)
(1)
(i)
A criminal history records check is required in accordance with § 8–303 of this subtitle on:
(1)
Selected annual renewal applicants as determined by regulations adopted by the Board; and
(2)
Each licensee who files for reinstatement under § 8–313 of this subtitle after failing to renew the license for a period of 1 year or more.
(ii)
An additional criminal history records check shall be performed every 12 years thereafter.
(2)
On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 8–303 of this subtitle, in determining whether to initiate a disciplinary action against a licensee based on the information received, the Board shall consider:
(i)
The age at which the crime was committed;
(ii)
The circumstances surrounding the crime;
(iii)
The length of time that has passed since the crime;
(iv)
Subsequent work history;
(v)
Employment and character references; and
(vi)
Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
(3)
The Board may not renew a license without written documentation that the applicant has submitted to a criminal history records check required under § 8–303 of this subtitle.
The Board shall reinstate the license of a licensee who has failed to renew the license for any reason if the licensee meets the renewal requirements of § 8–312 of this subtitle.
(a)
Unless the Board agrees to accept the surrender of a license, a licensed registered nurse, licensed practical nurse, or holder of a temporary license may not surrender the license.
(b)
The Board may require terms and conditions on an agreement with the licensee to accept surrender of the license.
(c)
An agreement to accept the surrender of a license is a final order of the Board and is a public record.
(a)
The Board may issue a temporary license to any applicant who:
(1)
Submits to a criminal history records check in accordance with § 8–303 of this subtitle;
(2)
(i)
Is licensed by any other state; or
(ii)
Has taken and passed an examination under this title, but is waiting for the completion of the criminal history records check;
(3)
Submits to the Board:
(i)
An application on the form required by the Board;
(ii)
Written, verified evidence that the requirement of item (1) of this subsection is being met; and
(iii)
Any other document required by the Board; and
(4)
Pays the fee required by the Board.
(b)
(1)
A temporary license issued to an individual who is authorized to practice registered nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice registered nursing in this State while the temporary license is effective.
(2)
A temporary license issued to an individual who is authorized to practice licensed practical nursing in another state or who has taken and passed an examination under this title authorizes the holder to practice licensed practical nursing in this State while the temporary license is effective.
(c)
(1)
A temporary license may not be renewed.
(2)
Unless the Board suspends or revokes a temporary license, each temporary license expires 90 days after the date of issue.
(3)
A temporary license may be extended up to an additional 90 days if the applicant is awaiting the completion of criminal history record information.
(4)
A temporary license may be extended every 90 days, provided that the total length of renewal does not exceed 12 months from the date the original temporary license was issued, if the applicant does not meet the practice requirement as provided for in regulation.
(d)
The Board shall revoke a temporary license if the criminal history record information forwarded to the Board in accordance with § 8–303 of this subtitle reveals that the applicant or licensee has been convicted or pled guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
(a)
Subject to the hearing provisions of § 8–317 of this subtitle, the Board may deny a license or grant a license, including a license subject to a reprimand, probation, or suspension, to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke the license of a licensee if the applicant or licensee:
(1)
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or for another;
(2)
Fraudulently or deceptively uses a license;
(3)
Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(4)
Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(5)
Willfully and knowingly:
(i)
Files a false report or record of an individual under the licensee’s care;
(ii)
Gives any false or misleading information about a material matter in an employment application;
(iii)
Fails to file or record any health record that is required by law;
(iv)
Obstructs the filing or recording of any health record as required by law; or
(v)
Induces another individual to fail to file or record any health record as required by law;
(6)
Knowingly does any act that has been determined by the Board, in its rules and regulations, to exceed the scope of practice authorized to the individual under this title;
(7)
Provides professional services while:
(i)
Under the influence of alcohol; or
(ii)
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(8)
Does an act that is inconsistent with generally accepted professional standards in the practice of registered nursing or licensed practical nursing;
(9)
Is grossly negligent in the practice of registered nursing or licensed practical nursing;
(10)
Has violated any provision of this title;
(11)
Submits a false statement to collect a fee;
(12)
Is physically or mentally incompetent;
(13)
Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;
(14)
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
(15)
Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions;
(16)
Is in independent practice and fails to display the notice required under § 8–506 of this title;
(17)
Is in breach of a service obligation resulting from the applicant’s or licensee’s receipt of State or federal funding for the applicant’s or licensee’s nursing education;
(18)
Has a substance use disorder;
(19)
Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article;
(20)
Fails to cooperate with a lawful investigation conducted by the Board;
(21)
Is expelled from the safe practice program established pursuant to § 8–208 of this title for failure to comply with the conditions of the program;
(22)
Delegates nursing acts or responsibilities to an individual that the applicant or licensee knows or has reason to know lacks the ability or knowledge to perform;
(23)
Delegates to an unlicensed individual nursing acts or responsibilities the applicant or licensee knows or has reason to know are to be performed only by a registered nurse or licensed practical nurse;
(24)
Fails to properly supervise individuals to whom nursing acts or responsibilities have been delegated;
(25)
Engages in conduct that violates the professional code of ethics;
(26)
Is professionally incompetent;
(27)
Practices registered nursing or licensed practical nursing without a license before obtaining or renewing a license, including any period when practicing registered nursing or licensed practical nursing on an expired license or a lapsed license;
(28)
When holding an expired license or a lapsed license or after a temporary license has expired in accordance with § 8–315(c) of this subtitle, commits any act that would be grounds for disciplinary action under this section;
(29)
Practices registered nursing or licensed practical nursing on a nonrenewed license for a period of 16 months or longer;
(30)
Violates regulations adopted by the Board or an order from the Board;
(31)
Performs an act that is beyond the licensee’s knowledge and skills;
(32)
Fails to submit to a criminal history records check in accordance with § 8–303 of this subtitle;
(33)
When acting in a supervisory position, directs another nurse to perform an act that is beyond the nurse’s knowledge and skills;
(34)
When acting in a supervisory position, directs another nurse to delegate a nursing task to an individual when that nurse reasonably believes:
(i)
The individual lacks the knowledge and skills to perform the task; or
(ii)
The patient’s condition does not allow delegation of the nursing task;
(35)
Has misappropriated the property of a patient or a facility; or
(36)
Fails to comply with § 1–223 of this article.
(b)
If, after a hearing under § 8–317 of this subtitle, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license to practice registered nursing or licensed practical nursing, to reprimand a licensee, or place a licensee on probation, the Board may impose a penalty not exceeding $5,000 instead of or in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
(c)
In addition to any sanction authorized under this section, the Board may require a licensee to comply with specified terms and conditions determined by the Board.
(a)
Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8–312 or § 8–316 of this subtitle or § 8–404, § 8–6C–20, or § 8–6D–10 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b)
The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)
The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing.
(d)
The person may be represented at the hearing by counsel.
(e)
If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(f)
(1)
Over the signature of the president, the executive director, or the deputy director as authorized by the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(2)
If a person, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.
(g)
(1)
After the Board conducts an investigation under this title, the Board may issue an advisory letter to the licensee or holder of a multistate licensing privilege.
(2)
The Board may disclose an advisory letter issued under this subsection to the public.
(3)
The issuance of an advisory letter under this subsection may not:
(i)
Be considered a disciplinary action under § 8–316 of this subtitle; and
(ii)
Be reported to any licensing entity, employer, or insurance company as a disciplinary action.
(a)
Except as provided in this section for an action under § 8–316 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)
Any person aggrieved by a final decision of the Board under § 8–316 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)
A Board decision may not be stayed while judicial review is pending.
(a)
If a license was suspended or revoked for a period of more than 1 year, or if a period of more than 1 year has passed since a license was surrendered, the Board may reinstate the license if the licensee:
(1)
Applies to the Board for reinstatement;
(2)
Meets the requirements for renewal under § 8–312 of this subtitle;
(3)
Meets any other requirements for reinstatement as established by the Board; and
(4)
Submits to a criminal history records check in accordance with § 8–303 of this subtitle.
(b)
If a licensee meets the requirements of subsection (a) of this section, the Board may:
(1)
Reinstate the license;
(2)
Reinstate the license subject to terms and conditions that the Board considers necessary, including a period of probation; or
(3)
Deny reinstatement of the license.
(a)
Except by the express stipulation and consent of all parties to a proceeding before the Board or any of its investigatory bodies, in a civil action, the proceedings, records, and files of the Board or any of its investigatory bodies are not discoverable and are not admissible in evidence.
(b)
This section does not apply to a civil action brought by a party to a proceeding before the Board who claims to be aggrieved by the decision of the Board.
(c)
If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of the record or exhibit in a proceeding before the Board or any of its investigatory bodies does not prevent its production in any other proceeding.
(a)
The Board may disclose any information contained in the proceedings, records, and files of the Board to any health occupation regulatory board of the State or another state if the health occupation regulatory board requests the information in writing.
(b)
A health occupation regulatory board that receives information from the Board under subsection (a) of this section may not redisclose the information without the consent of the Board.
(a)
The authority of the Board established under this subtitle:
(1)
Vests with the Board at the time an individual applies for licensure or to practice under the multistate licensing privilege;
(2)
Continues during periods of licensure; and
(3)
Includes authority over an individual holding an expired license, a lapsed license, or a temporary license that has expired under § 8–315(c) of this subtitle.
(b)
The authority of the Board shall be continuous over an individual applicant, licensee, or holder of a multistate licensing privilege and may not be divested by withdrawal of an application, when a license expires or lapses, or when a temporary license expires.