(a)(1) The term of a license issued by the Board may not exceed 3 years.
(2) A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section.
Renewal notice
(b) At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:
(1) The date on which the current license expires;
(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3) The amount of the renewal fee.
Requirements, generally
(c) Except as otherwise provided in this subtitle, before a license expires, the licensee periodically may renew it for an additional term, if the licensee:
(1) Is of good moral character;
(2) Pays to the Board a renewal fee set by the Board;
(3) Submits to the Board:
(i) A renewal application on the form that the Board requires; and
(ii) Satisfactory evidence of compliance with any continuing education or competency requirements and other requirements set under this section for license renewal; and
(4) Meets any additional renewal requirements established by the Board.
Continuing education, competency requirements
(d)(1) In addition to any other qualifications and requirements established by the Board, the Board may establish continuing education or competency requirements as a condition to the renewal of licenses under this section.
(2) A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14-5A-17 of this subtitle, for a first offense, for the failure of a licensee to obtain the continuing education credits required by the Board.
Duty of Board to renew
(e)(1) The Board shall renew the license of each licensee who meets the requirements of this section.
(2) A license may not be renewed for a term longer than 2 years.
Grace period
(f) The Board shall reinstate the license of a respiratory care practitioner who has failed to renew the license for any reason if the respiratory care practitioner:
(1) Meets the renewal requirements of this section;
(2) Submits to the Board:
(i) A reinstatement application on the form that the Board requires; and
(ii) Satisfactory evidence of compliance with any continuing education or competency requirements; and
(3) Meets any additional requirements established by the Board for reinstatement.
Criminal history records check
(g)(1) Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14-308.1 of this title for:
(i) Renewal applicants as determined by regulations adopted by the Board; and
(ii) Each former licensee who files for reinstatement under subsection (f) of this section.
(2) On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14-308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:
(i) The age at which the crime was committed;
(ii) The nature of the crime;
(iii) The circumstances surrounding the crime;
(iv) The length of time that has passed since the crime;
(v) Subsequent work history;
(vi) Employment and character references; and
(vii) Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
(3) The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14-308.1 of this title.
Credits
Added by Acts 1996, c. 516, § 2, eff. July 1, 1996. Amended by Acts 2008, c. 328, § 1, eff. Oct. 1, 2008; Acts 2015, c. 34, § 1, eff. July 1, 2015; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.
MD Code, Health Occupations, § 14-5A-13, MD HEALTH OCCUP § 14-5A-13
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
