298

LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
299(a) and (d).

While present Art. 43, § 299 applies only to
registered nurses and licensed practical nurses,
the Commission to Revise the Annotated Code has
extended these provisions to cover licensed nurse
midwives. Licensed nurse midwives are included
in light of the use in present Art. 43, § 299 of
the broad term "nursing" and because, as a
prerequisite, a licensed nurse midwife must be a
registered nurse. This revision is called to the
attention of the General Assembly.

In subsection (a) of this section, the specific
references to "registered nursing", "licensed
practical nursing", and "midwifery" are
substituted for the broader, more vague term
"nursing" for clarity.

In the introductory language of subsection (a) of
this section, the present statement that the
Board may "refuse to renew any license" for the
specified reasons is deleted as needless and
misleading. Under Art. 41, § 250A(b) of the
Administrative Procedure Act, if a licensee makes
timely application for renewal, the license does
not expire until the Board has acted on the
application and the time for appeal has run.
Under both Art. 41, § 250A(c) and § 7-313 of this
subtitle ordinarily the Board must give the
licensee an opportunity for a hearing before
taking disciplinary action under this section.
If the Board finds grounds for disciplinary
action it may suspend or revoke the license, and
there is no need for a power to refuse renewal.

Subsection (a)(2) of this section is new language
added to conform to similar provisions governing
other health occupations in present Art. 43. It
states a fundamental ground for disciplining a
licensee. For an example of this provision in
the present law, see present Art. 43, §
130(h)(1), as to physicians.

In subsection (a)(3) of this section, the
reference to a "registration" to practice
registered nursing or licensed practical nursing
in any other state or country is added to conform
to similar references in § 7-306 of this
subtitle.

Also in subsection (a)(3) of this section, the
reference to "any other state or country" is
substituted for "another jurisdiction" for
clarity and in light of the definition of "state"
in § 1-101 of this article.