In this subtitle the following words have the meanings indicated. “Drug crime” means: a violation of Title 5 of the Criminal Law Article; a violation of Title 12 of the Criminal Procedure Article; or a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of Title 5 of the Criminal Law Article or Title 12 of the Criminal Procedure Article if committed in the State. “License” means a license, permit, certification, registration, or other legal authorization: issued or granted to an individual by a licensing authority; and required for engaging in employment, an occupation, or a profession. “License” includes a commercial driver’s license issued under Title 16, Subtitle 8 of the Transportation Article. Except as provided in paragraph (2) of this subsection, “license” does not include: a license to drive a motor vehicle issued by the Motor Vehicle Administration under Title 16 of the Transportation Article; or the registration of an agent, issuer agent, or investment advisor representative under the Maryland Securities Act and regulations adopted under that Act. “Licensee” means a holder of a license issued by a licensing authority. “Licensing authority” means an agency of the State that issues a license.

Except as provided in subsection (d) of this section, as a condition on the issuance or renewal of a license, a licensing authority may require an individual applying for a license to disclose whether the individual has been convicted of a drug crime committed on or after January 1, 1991. Subject to § 10–1405 of this subtitle, if an individual applying for a license has been convicted of a drug crime committed on or after January 1, 1991, a licensing authority may: refuse to issue a license to the individual; or issue a license to the individual subject to any terms and conditions that the licensing authority considers appropriate under § 10–1404 of this subtitle. A licensing authority may suspend or revoke a licensee’s license if the licensee fails to disclose information that the licensing authority requires under subsection (a) of this section, unless the licensee shows good cause for the failure to disclose. If a licensing authority, on or before January 1, 1990, required an applicant for an initial license or a license renewal to disclose a criminal record or prior offense related to a controlled dangerous substance, this section may not be construed to prohibit the licensing authority from: continuing to require an applicant to disclose a criminal record or prior offense related to a controlled dangerous substance, regardless of the date of the offense; and taking any action authorized by law, including refusing to issue a license, if the applicant: discloses a criminal record or prior offense related to a controlled dangerous substance; or wrongfully conceals a criminal record or prior offense related to a controlled dangerous substance.

Subject to § 10–1405 of this subtitle, if a licensing authority receives notification under § 5–810 of the Criminal Law Article that a licensee has been convicted of a drug crime committed on or after January 1, 1991, the licensing authority may: reprimand the licensee; place the licensee on probation for a reasonable period of time; or suspend or revoke the license; assess the licensee, in accordance with applicable regulations, all or part of the cost of any disciplinary proceeding and sanction; or impose any other sanction or take any other action authorized by law.

If a licensee is placed on probation under § 10–1402 or § 10–1403 of this subtitle, the licensing authority may: require the licensee to submit to periodic drug testing during the period of probation; require the licensee to participate in appropriate counseling or treatment; and impose any other reasonable term or condition of probation. If a licensee who is on probation violates any condition of probation, the licensing authority may: revoke the probation; suspend or revoke the licensee’s license; or impose additional terms of probation.

Except as provided in paragraph (2) of this subsection, a licensing authority shall comply with Subtitle 2 of this title before taking any action under this subtitle: in regard to an initial license application or an application for a license renewal; or against a licensee. The Maryland Rules shall govern in the case of a lawyer or an applicant for admission to the bar. In deciding whether to deny an application for a license or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider: the relationship between the drug crime and the license, including: the licensee’s ability to perform the tasks authorized by the license; and whether the public will be protected if: in the case of an applicant, the license is issued; or in the case of a licensee, the license is not suspended or revoked; the nature and circumstances of the drug crime; the date of the drug crime, if an individual is applying for a license or license renewal; and any other relevant information. If a licensing authority decides that sanctions against a licensee may be appropriate, before imposing sanctions the licensing authority: shall consider the impact any sanctions may have on third persons; and to protect the rights of innocent third persons, may take any action that is in the interests of justice and that is not inconsistent with this subtitle. If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts.

If an individual who is convicted of a drug crime committed on or after January 1, 1991, holds a commercial driver’s license, the Motor Vehicle Administration may disqualify the individual from driving a commercial motor vehicle or take any other action authorized under this subtitle. If the Motor Vehicle Administration disqualifies an individual from driving a commercial motor vehicle under this subtitle, the Motor Vehicle Administration shall issue a noncommercial driver’s license to the individual if: the individual surrenders the commercial driver’s license; and the individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in the State or any other state. This section may not be construed to limit the authority of the Motor Vehicle Administration to disqualify an individual from driving a commercial motor vehicle or taking any other action required or authorized under the Maryland Vehicle Law.

Each licensing authority may adopt regulations to carry out this subtitle.