316

LAWS OF MARYLAND

Ch.8

has been designated a licensed "nurse" midwife to indicate
that only registered nurses are or may be licensed to
practice midwifery.

There are two mechanisms by which the Board may
recognize an individual as a "nurse midwife". The first
mechanism is by licensing as provided in present Art. 43, §§
82 through 93. The second mechanism is for the Board,
through rules and regulations adopted under § 7-205 of this
title, to delineate additional acts that are recognized
jointly by the medical and nursing professions. However,
this second mechanism has not yet been implemented.

Conceivably, the same registered nurse with the same
qualifications could have a different scope of action by
choosing Board recognition under the additional acts of
registered nursing rather than licensing under present Art.
43, §§82 through 93.

Present Art. 43, § 89, which relates to the duty of a
licensed nurse midwife to file birth and death certificates,
is deleted as partially obsolete and, in any event,
unnecessary in light of independent provisions of law. See
Art. 43, §§14 through 28A of the Code.

SUBTITLE 7. PROHIBITED ACTS; PENALTIES.

7-701. PRACTICING WITHOUT LICENSE.

(A)  PRACTICING REGISTERED NURSING.

EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
REGISTERED NURSING IN THIS STATE UNLESS LICENSED BY THE
BOARD TO PRACTICE REGISTERED NURSING.

(B)  PRACTICING LICENSED PRACTICAL NURSING.

EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
LICENSED PRACTICAL NURSING IN THIS STATE UNLESS LICENSED BY
THE BOARD TO PRACTICE LICENSED PRACTICAL NURSING.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first clause
of the second sentence of Art. 43, § 290 and from
Art. 43, §§ 297(c) and 301(a)(3).

The references to "attempt to practice"
registered nursing and licensed practical nursing
are added to conform to similar provisions
governing other health occupations in present
Art. 43. See, e.g., Art. 43, § 489(a), as to
podiatrists.

As to the exceptions in this section, see §§
7-102 and 7-301 of this title.