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    Maryland Register

    Issue Date:  June 22, 2018

    Volume 45 • Issue 13 • Pages 677—678


    Title 10 

    Subtitle 27 BOARD OF NURSING

    Notice of Proposed Action


    The Secretary of Health proposes to amend:

    (1) Regulations .02.03, and .08 under COMAR 10.27.21 Registered Nurse — Forensic Nurse Examiner; and

    (2) Regulations .02 and .07 under COMAR 10.27.26 Sanctioning Guidelines.

    This action was considered at a public meeting of the Board of Nursing held on November 15, 2017, notice of which was given by publication on the Board’s website from January 3, 2017, through November 15, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

    Statement of Purpose

    The purpose of this action is to amend the regulations for Registered Nurse Forensic Examiners and Sanctioning Guidelines to conform to the changes made to the Nurse Practice Act during the 2017 legislative session (Chs. 515 and 516, Acts of 2017) to include all licensees and certificate holders regulated by the Board of Nursing and add language to include registered nurses and licensed practical nurses who have a multistate licensure privilege to practice nursing in this State under the Nurse Licensure Compact. This proposal also changes the name of the Rehabilitation Program to the Safe Practice Program.


    Comparison to Federal Standards

    There is no corresponding federal standard to this proposed action.

    Estimate of Economic Impact

    The proposed action has no economic impact.

    Economic Impact on Small Businesses

    The proposed action has minimal or no economic impact on small businesses.

    Impact on Individuals with Disabilities

    The proposed action has no impact on individuals with disabilities.

    Opportunity for Public Comment

    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 23, 2018. A public hearing has not been scheduled.


    10.27.21 Registered Nurse — Forensic Nurse Examiner

    Authority: Health Occupations Article, §§8-205 and 8-312, Annotated Code of Maryland

    .02 Definitions.

    A. (text unchanged)

    B. Terms Defined.

    (1)―(9) (text unchanged)

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

    [(10)(11)[(15)(16) (text unchanged)

    (17) “Registered nurse” 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.

    [(16)(18) (text unchanged)

    [(17)(19) “RN-FNE Educator” means an individual who:

    (a) Has a current:


    (ii) Multistate [licensinglicensure privilege to practice registered nursing under the Nurse Licensure Compact; or

    (iii) (text unchanged)

    (b)―(c) (text unchanged)

    [(18)(20)[(26)(28) (text unchanged)

    .03 Authorization to Practice.

    A. (text unchanged)

    B. An applicant applying for certification to practice as an RN-FNE-A, RN-FNE-P or RN-FNE-AP shall:

    (1) Either:

    (a) Hold a current license to practice as a registered nurse in Maryland; or

    (b) Have a multistate licensure privilege to practice registered nursing;

    (2)―(5) (text unchanged)

    C.―E. (text unchanged)

    .08 Reinstatement of Certification.

    A. If the applicant does not meet the requirements in Regulation .07 of this chapter, the applicant may apply for re-instatement if the applicant:

    (1) Either:

    (a) Has a current, active RN license; or

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

    (2)―(4) (text unchanged)

    B.―C. (text unchanged)


    10.27.26 Sanctioning Guidelines

    Authority: Health Occupations Article, §§1-606, 8-205(a)(1), 8-316, 8-6A-10, and 8-6B-18, Annotated Code of Maryland

    .02 Definitions.

    A. (text unchanged)

    B. Terms Defined.

    (1) (text unchanged)

    (2) “Certificate holder” means an individual who has been issued a certificate by the Board to practice as a certified nursing assistant, or a certified medication technician.

    (3)―(4) (text unchanged)

    (5) “Licensee” means an individual who [has]:

    (a) Has been issued a license by the Board to practice as [a]:

    (i) A registered nurse[,];

    (ii) A licensed practical nurse[, or as an];

    (iii) An advanced practice registered nurse;

    (iv) An electrologist[,];


    (v) A

    licensed direct-entry midwife; or

    (b) Has a multistate licensure privilege to practice licensed practical nursing or registered nursing under the Nurse Licensure Compact.

    (6) “Multistate licensure privilege” has the meaning set forth in COMAR

    [(6)] (7)—[(7)] (8) (text unchanged)

    .07 Sanctioning Guidelines.

    Subject to the provisions of this chapter, the Board may impose sanctions for violations of the Maryland Nurse Practice Act and its regulations according to the guidelines set forth in the following categories:

    A.―L. (text unchanged)





    M. Expulsion from [RehabilitationSafe Practice Program.




    Sanction Range

    Monetary Penalty Range






    Is expelled from the [RehabilitationSafe Practice Program established under Health Occupations Article, §8-208, Annotated Code of Maryland, for failure to comply with the conditions of the program.

    (text unchanged)

    Secretary of Health