# COMAR Title 10 — Maryland Department of Health

## Subtitle 27 — Board of Nursing

### Chapter 13 — Safe Practice Committee

**Authority:** Health Occupations Article, §§8-205 and 8-208, Annotated Code of Maryland

**Administrative History:** Effective date: July 20, 1992 (19:14 Md. R. 1283)

**Administrative History:** Chapter revised effective March 5, 2001 (28:4 Md. R. 418)

**Administrative History:** Chapter revised effective July 2, 2018 (45:13 Md. R. 667)

**Administrative History:** Regulation .01B amended effective August 4, 2025 (52:15 Md. R. 812)

**Administrative History:** Regulation .02E amended effective August 4, 2025 (52:15 Md. R. 812)

**Administrative History:** Regulation .03B amended effective August 4, 2025 (52:15 Md. R. 812)

#### Regulation .01 Definitions.

*COMAR 10.27.13.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Applicant” means an individual who has submitted an application to the Board to be licensed as a registered nurse, licensed practical nurse, electrologist, licensed certified midwife or direct-entry midwife or to be certified as an advanced practice registered nurse, a certified nursing assistant, a certified dialysis technician, or medication technician in this State.

  (2) “Board” means the Maryland Board of Nursing.

  (3) “Committee” means the Safe Practice Committee.

  (4) “Certificate holder” means a certified nursing assistant, a certified dialysis technician, or medication technician.

  (5) “Certified dialysis technician” means an individual certified as a dialysis technician by the Board in accordance with COMAR 10.39.06.

  (6) “Certified nursing assistant” means an individual certified as a nursing assistant by the Board.

  (7) “Licensee” means a licensed certified midwife, direct-entry midwife, electrologist, licensed practical nurse, registered nurse, or advanced practice registered nurse.

  (8) “Licensed practical nurse” means an individual who is licensed by the Board to practice licensed practical nursing or has a multistate licensure privilege to practice licensed practical nursing.

  (9) “Medication technician” means an individual certified as a medication technician by the Board.

  (10) “Multistate licensure privilege” has the meaning set forth in COMAR 10.27.01.01B.

  (11) “Nurse” means registered nurse, advanced practice registered nurse, or licensed practical nurse.

  (12) “Participant” means a registered nurse, an advanced practice registered nurse, a licensed practical nurse, a certified nursing assistant, a certified dialysis technician, a medication technician, an electrologist, a licensed direct-entry midwife, a licensed certified midwife or an applicant enrolled in the Safe Practice Program.

  (13) “Program” means the Safe Practice Program.

  (14) “Registered nurse (RN)” means an individual who:

    (a) Is licensed by the Board to practice registered nursing; or

    (b) Has a multistate licensure privilege to practice registered nursing.

  (15) “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.

#### Regulation .02 Safe Practice Committee.

*COMAR 10.27.13.02*

A. Committee Appointments.

  (1) Annually, before the September meeting, the Board shall determine the number of rehabilitation committees required in the State.

  (2) The Board shall make appointments to the committee in October in accordance with Health Occupations Article, §8-208(c)(1), Annotated Code of Maryland.

  (3) Appointments are for a 4-year term, except in the first year of any committee when the terms are staggered.

  (4) Committee members may be reappointed for one additional 4-year term.

B. Committee Meetings.

  (1) The committee shall determine where meetings are held and the frequency of meetings.

  (2) Confidential minutes shall be kept of the committee meetings and maintained in a confidential file at the Board's office.

C. The Board shall review and approve all procedures established by the committee.

D. The committee shall function in accordance with Health Occupations Article, §8-208(j) — (q), Annotated Code of Maryland.

E. Powers and Duties of the Committee.

  (1) The committee may:

    (a) Evaluate each individual who requests to participate in the program or is referred to the program;

    (b) Receive and review information about program participants; and

    (c) Consider in each case if the participant can practice safely or an applicant qualifies for licensure or certification to practice.

  (2) The committee shall:

    (a) Prepare a written plan or agreement for each participant that establishes the requirements for supervision and monitoring; and

    (b) Inform each licensee, certificate holder, or applicant who requests participation in the program about:

      (i) The procedures to be followed;

      (ii) The rights and responsibilities of a participant in the program; and

      (iii) The possible consequences for a participant’s noncompliance with the program.

  (3) At the request of the Board, the committee may evaluate a nurse, certified nursing assistant, certified dialysis technician, medication technician, electrologist, direct-entry midwife, or licensed certified midwife with a substance use disorder or mental illness for readiness to return to practice.

F. Annual Committee Report. The committee shall submit to the Board each year, and as requested, a report that provides:

  (1) The number of cases accepted, denied, or terminated with compliance or noncompliance;

  (2) The number of cases referred to the program that were not eligible;

  (3) The number of individuals referred to the program who declined admission to the program; and

  (4) A cost analysis of the program.

#### Regulation .03 Criteria for Participation in the Program.

*COMAR 10.27.13.03*

A. Admission to the program is voluntary.

B. Registered nurses, licensed practical nurses, direct-entry midwives, electrologists, medication technicians, advanced practice registered nurses, certified nursing assistants, certified dialysis technicians, licensed certified midwives or applicants for licensure or certification with a substance use disorder or mental illness, may be referred to the program through self-report, formal complaint, or the Board of Nursing.

C. A licensee, certificate holder, or applicant requesting to participate in the program may not have:

  (1) Caused injury to an individual while the licensee or certificate holder was practicing as a licensee or certificate holder; or

  (2) Been arrested, convicted, or both, for diversion of controlled substances for sale or distribution.

D. The committee and each program participant shall enter into a written agreement which lists the individual requirements for the participant’s participation in the program and the conditions which shall be met by the participant.

E. If a licensee, certificate holder, or applicant fails to enter into a written agreement provided by the committee, the committee shall deny admission to the program and refer the licensee, certificate holder, or applicant to the Board for consideration of disciplinary action or denial of licensure or certification.

#### Regulation .04 Noncompliance with a Written Plan or Agreement.

*COMAR 10.27.13.04*

A. The committee may expel a participant from the program for failure to comply with any of the conditions of the plan or agreement.

B. The committee shall:

  (1) Report to the Board the name and license number of any participant who is expelled from the program; and

  (2) Transfer to the Board the records of any participant expelled from the program.

C. A participant who is expelled from the program may be subject to discipline.

#### Regulation .05 Board and Committee Records.

*COMAR 10.27.13.05*

A. All Board and committee records concerning a participant are confidential and are not subject to discovery or subpoena in any civil or criminal action or disclosure under General Provisions Article, Title 4, Annotated Code of Maryland.

B. Records shall be maintained in a confidential file in the Board’s office.

C. After the committee has determined that a participant no longer requires monitoring and may practice safely, all records relating to the participant’s participation in the program shall be purged and destroyed 2 years after the participant is discharged from the program.

#### Regulation .06 Participants Leaving the State.

*COMAR 10.27.13.06*

A. A participant who moves from this State to another state where a safe practice or other rehabilitation program is in place shall be transferred to that program.

B. A nurse participant who moves to a state where there is no rehabilitation program shall have the nurse’s program records transferred to the Board of Nursing in that state.

C. All non-nurse participants leaving the State shall be referred to the agency responsible for regulating their license or certificate in that state and shall have the participant’s records transferred to the responsible agency in that state.

#### Regulation .07 Informational Booklet.

*COMAR 10.27.13.07*

The committee shall publish an informational booklet for the public that describes the program.