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§ 8-205. Additional powers and duties of Board

West's Annotated Code of MarylandHealth OccupationsEffective: April 24, 2023

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 8. Nurses (Refs & Annos)
Subtitle 2. State Board of Nursing (Refs & Annos)
Effective: April 24, 2023
MD Code, Health Occupations, § 8-205
§ 8-205. Additional powers and duties of Board
Currentness
In general
(a) In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
(1) To adopt rules and regulations to carry out the provisions of this title;
(2) To set standards for the practice of registered nursing, advanced practice registered nursing, licensed practical nursing, certified nursing assistants, certified dialysis technicians, certified medication technicians, electrology, direct-entry midwifery, and certified midwifery;
(3) To adopt rules and regulations for the performance of delegated medical functions that are recognized jointly by the State Board of Physicians and the State Board of Nursing, under § 14-306(d) of this article;
(4) To adopt rules and regulations for the performance of additional nursing acts that:
(i) May be performed under any condition authorized by the Board, including emergencies; and
(ii) Require education and clinical experience;
(5) To adopt rules and regulations for registered nurses to perform independent nursing functions that:
(i) Require formal education and clinical experience; and
(ii) May be performed under any condition authorized by the Board, including emergencies;
(6) To adopt rules and regulations for licensed practical nurses to perform additional acts in the practice of registered nursing that:
(i) Require formal education and clinical experience;
(ii) May be performed under any condition authorized by the Board, including emergencies; and
(iii) Are recognized by the Nursing Board as proper for licensed practical nurses to perform;
(7) To keep a record of its proceedings;
(8) To submit to the Governor, the Secretary, and, in accordance with § 2-1257 of the State Government Article, the General Assembly, an annual report that includes:
(i) The following data calculated on a fiscal year basis:
1. The number of initial and renewal licenses and certificates issued;
2. The number of positive and negative criminal history records checks results received;
3. The number of individuals denied initial or renewal licensure or certification due to positive criminal history records checks results;
4. The number of individuals denied licensure or certification due to reasons other than a positive criminal history records check;
5. The number of new complaints received;
6. The number of complaints carried over from year to year;
7. The most common grounds for complaints;
8. The number and types of disciplinary actions taken by the Board; and
9. Any additional aggregate data, identified by the Board in consultation with stakeholders, determined to be necessary to facilitate workforce and health planning purposes that does not reference any individual's name or other personal identifier; and
(ii) By analyzing information gathered from renewal applications submitted under § 8-312 of this title, an evaluation of the State's nursing workforce by certification level, region, and type of workplace, including hospitals and home health workers;
(9) To enforce the employment record requirements of this title;
(10) To keep separate lists, which lists are open to reasonable public inspection, of all:
(i) Registered nurses licensed under this title;
(ii) Licensed practical nurses licensed under this title;
(iii) Nurse midwives certified under this title;
(iv) Nurse practitioners certified under this title;
(v) Nurse anesthetists certified under this title;
(vi) Clinical nurse specialists certified under this title;
(vii) Certified medication technicians certified under this title;
(viii) Electrologists licensed under this title;
(ix) Direct-entry midwives licensed under this title;
(x) Certified midwives licensed under this title; and
(xi) Other licensees with a nursing specialty that is certified under this title;
(11) To collect any funds of the Board;
(12) To report any alleged violation of this title to the State's Attorney of the county where the alleged violation occurred;
(13) In accordance with the State budget, to incur any necessary expense for prosecution of an alleged violation of this title;
(14) On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of a nurse in independent practice, other than an office of a nurse in independent practice in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention's guidelines on universal precautions;
(15) To maintain a nurse aide registry that complies with federal law;
(16) To appoint standing and ad hoc committees from among Board members as necessary; and
(17) To delegate to the executive director of the Board the authority to discharge Board duties deemed appropriate and necessary by the Board and to hold the executive director accountable to the Board.
Deletion of names from list
(b) With regard to any list kept by the Board under subsection (a)(10) of this section, upon written request from an individual licensee the Board shall delete that individual's name from any licensee list purchased from the Board.
Rules and regulations
(c)(1) The Board is the only unit of the Department that is responsible for adopting rules and regulations to determine:
(i) Individuals to whom any act of the practice of registered nursing and licensed practical nursing may be delegated; and
(ii) The acts that may be delegated safely.
(2) The Department shall retain its authority to require training for nonlicensed patient care personnel under § 19-308.1 of the Health--General Article.

Credits

Added as Health Occupations § 7-205 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1981, c. 9, § 2, eff. July 1, 1981; Acts 1981, c. 437, § 1, eff. July 1, 1981; Acts 1981, c. 614, § 1, eff. July 1, 1981; Acts 1982, c. 432, § 1; Acts 1986, c. 479, § 1, eff. July 1, 1986; Acts 1987, c. 109, § 1, eff. April 14, 1987; Acts 1988, c. 109, § 7, eff. July 1, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989. Renumbered as Health Occupations § 8-205 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 22, § 1, eff. April 7, 1992; Acts 1992, c. 154, § 1, eff. July 1, 1992; Acts 2001, c. 360, § 1, eff. July 1, 2001; Acts 2003, c. 252, § 10, eff. July 1, 2003; Acts 2005, c. 206, § 1, eff. April 26, 2005; Acts 2006, c. 481, § 1, eff. Oct. 1, 2006; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2012, c. 621, § 1, eff. June 1, 2012; Acts 2017, c. 515, § 1, eff. Oct. 1, 2017; Acts 2017, c. 516, § 1, eff. Oct. 1, 2017; Acts 2019, c. 8, § 5; Acts 2021, c. 462, § 1, eff. Oct. 1, 2021; Acts 2021, c. 463, § 1, eff. Oct. 1, 2021; Acts 2022, c. 675, § 1, eff. June 1, 2022; Acts 2022, c. 681, § 1, eff. July 1, 2022; Acts 2023, c. 222, § 1, eff. April 24, 2023; Acts 2023, c. 223, § 1, eff. April 24, 2023.
Formerly Art. 43, §§ 90, 291, 294.
MD Code, Health Occupations, § 8-205, MD HEALTH OCCUP § 8-205
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document