PROPOSAL
Maryland Register
Issue Date: May 26, 2017
Volume 44• Issue 11 • Pages 531—533
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 32 BOARD OF PHYSICIANS
10.32.21 Licensure, Regulation, and Discipline of Naturopathic Doctors
Authority: Health Occupations Article, §§14-5F-1—14-5F-32, Annotated Code of Maryland
Notice of Proposed Action
[17-139-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulations .02, .04, .06, and .11, repeal existing Regulation .10, and adopt new Regulations .10 and .21 under COMAR 10.32.21 Licensure, Regulation, and Discipline of Naturopathic Doctors. This action was considered at a public hearing held on January 25, 2017, notice of which was provided by posting on the Board’s website, http://www.mbp.state.us.forms/mar17FULLagenda.pdf, from January 11, 2017— January 25, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Establish criminal history record checks and detail those requirements pursuant to Chapter 34, Acts of 2015;
(2) Clarify the minimum number of continuing education credits prior to expiration of the naturopathic doctor license and prior to reinstatement; and
(3) Establish a pathway by reciprocity for applicants who hold a license in another state.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The cost the criminal history records check would be paid by the applicant to the Central Repository of the Criminal Justice Information System (CJIS) within the Department of Public Safety and Correctional Services. The Board cannot estimate the number of applicants per year, so the impact to the profession and CJIS is unknown.
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Revenue (R+/R-) |
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II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
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A. On issuing agency: |
NONE |
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B. On other State agencies: |
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Criminal Justice Information System (CJIS) |
(R+) |
Indeterminable |
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C. On local governments: |
NONE |
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Benefit(+)
Cost (-) |
Magnitude |
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D. On regulated industries or trade groups: |
(-) |
Indeterminable |
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E. On other industries or trade groups: |
NONE |
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F. Direct and indirect effects on public: |
NONE |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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B. and D. The cost of the criminal history records check (approximately $30) would be paid by the applicant applying for licensure to the Central Repository of the Criminal Justice Information System (CJIS) within the Department of Public Safety and Correctional Services. CJIS will realize an increase in revenue, but given that the Board cannot estimate how many applicants will apply per year the amount of the revenue is unknown. |
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, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through June 26, 2017. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(4) (text unchanged)
(5) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
[(5)] (6)—[(9)] (10) (text unchanged)
(11) “Criminal history records check” means the performance of both a State criminal history check by the Central Repository, and a national criminal history check by the Federal Bureau of Investigation.
(12) “Criminal history records information” means information provided by the criminal history records check regarding an applicant’s criminal arrests, charges, and convictions, and the disposition of pending criminal charges.
[(10)] (13)—[(28)] (31) (text unchanged)
.04 Qualifications for Initial Licensure.
A.—B. (text unchanged)
C. Additional Requirements. An applicant shall submit to a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland, by submitting to the Central Repository:
(1) Two complete sets of legible fingerprints taken on forms approved by the Central Repository and the Federal Bureau of Investigation; and
(2) All fees required by the Central Repository and the Federal Bureau of Investigation.
[C.] D. (text unchanged)
.06 Documentation for Initial Licensure.
A. (text unchanged)
B. A completed application shall include:
(1)—(18) (text unchanged)
(19) Certificates and verifications from the certifying or verifying authority sent directly from: the national licensing authority, the naturopathic educational institution, and other state’s licensing boards to the Board for applicants; [and]
(20) The certified translation of any of the documents required under this chapter, at the applicant’s expense, for any documents required by this chapter that are in a language other than English; and
(21) The criminal history records information received from the Central Repository in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland, and Regulation .04C(1) of this chapter.
C. Application Processing.
(1) The Board has designated a 4-month period for acting on applications as follows:
[(1)] (a)—[(3)] (c) (text unchanged)
[(4)] (d) If the applicant fails to correct the deficiency within the required period, the application will be closed and the applicant shall be required to:
[(a)] (i)—[(b)] (ii) (text unchanged)
(2) The Board may not issue a license until the Board has:
(a) Received and reviewed the criminal history records information; and
(b) Approved the application.
D. (text unchanged)
.10 Renewals and Reinstatement.
A. Renewals.
(1) The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for repayment.
(2) The term of a license renewed by the Board is 2 years from the date of renewal.
(3) A license expires at the end of its term unless the license is renewed as provided by the Board.
(4) At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:
(a) The date on which the current license expires;
(b) The date by which the renewal application shall be received by the Board for the renewal to be issued before the license expires; and
(c) The amount of the renewal fee as specified in Regulation .20 of this chapter.
(5) The Board shall renew the license of a licensee who:
(a) Submits a renewal application on the form that the Board requires;
(b) Pays a renewal fee as specified in Regulation .20 of this chapter;
(c) Is otherwise entitled to be licensed;
(d) Meets the continuing education requirements as set forth in Regulation 11 of this chapter;
(e) Provides evidence of biennial cardiopulmonary resuscitation certification; and
(f) Attests that the licensee submitted to a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland, but only if the licensee was licensed by the Board before October 1, 2016, and only as a requirement for the March 31, 2018, renewal cycle.
(6) The failure to receive a renewal notice does not excuse a licensee from complying with §A(3) of this regulation.
B. Reinstatement after a Revocation or Suspension of a License or After a Lapse in Renewal.
(1) If a license is revoked or suspended, the naturopathic doctor shall surrender the license to the Board on demand. At the end of a suspension period, the Board shall return to the licensee any license surrendered under this regulation.
(2) If the disciplinary panel has revoked or suspended the license of a licensee, the Board may not reinstate the license until the Board is satisfied that the individual:
(a) Has complied with all the terms and conditions in the final order; and
(b) Is capable of safely engaging in the practice of naturopathic medicine.
(3) The Board may not reinstate the license of an individual whose license was revoked by the Board within 6 months after the date of the revocation.
(4) The applicant shall document completion of at least 50 hours of approved continuing education earned during the 2-year period preceding the date of the submission of the application for reinstatement.
(5) The applicant shall submit to a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland, by submitting to the Central Repository:
(a) Two complete sets of legible fingerprints taken on forms approved by the Central Repository and the Federal Bureau of Investigation; and
(b) All fees required by the Central Repository and the Federal Bureau of Investigation.
(6) The Board may reinstate a license only after the Board has received an attestation that the applicant has submitted to a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland.
C. After the expiration date of the license, the naturopathic doctor is no longer licensed to practice naturopathic medicine.
.11 Continuing Education Requirements.
A. Requirements. A licensed naturopathic doctor shall take at least 50 hours of continuing education credits during every 2-year renewal period:
(1) For license renewal, preceding the expiration of the license for a naturopathic doctor; or
(2) For license reinstatement, preceding the date of the submission of the application for reinstatement.
B. (text unchanged)
.21 Initial Licensure by Reciprocity.
A. Requirements. An applicant for initial licensure by reciprocity shall:
(1) Have an active, unrestricted license to practice naturopathic medicine in another jurisdiction that, at the time the applicant was licensed, had licensure requirements that were equivalent to or exceeded those set forth in Regulation .04A;
(2) Be in good standing under the laws of every jurisdiction where the individual is licensed; and
(3) Submit to a State and national criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland.
B. Documentation. An applicant for initial licensure by reciprocity shall submit to the Board:
(1) An application for reciprocity on a form provided by the Board;
(2) The application fee as set by the Board;
(3) Evidence of compliance with §A of this regulation;
(4) A written attestation as provided in Regulation .05 of this chapter;
(5) Any additional documentation set forth in Regulation .06 of this chapter that is needed for the Board to evaluate an application;
(6) Any evidence relating to any disciplinary action taken or any administrative penalties assessed against the applicant by the appropriate state licensing, certification, or registration authority; and
(7) Any consent agreements into which the applicant entered that contain conditions placed on the applicant’s professional conduct and practice, including any voluntary surrender of a license.
C. The Board may not issue a license if the criminal history records information, pursuant to §A of this regulation, has not been received and reviewed.
D. After a license is issued, the licensee is subject to the Board’s jurisdiction and shall comply with all laws and regulations governing the practice of naturopathic medicine in the State.
DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene
