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*hb1420*
HOUSE BILL 1420
J2 6lr1691
CF SB 806
By: Joint Audit and Evaluation Committee
Introduced and read first time: February 13, 2026
Assigned to: Health and Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Health Occupations – Criminal History Records Checks 2
FOR the purpose of establishing and altering requirements related to criminal history 3
records checks for certain licenses and certificates issued by the State Board of 4
Acupuncture, the State Board of Dental Examiners, the State Board of Dietetic 5
Practice, the State Board of Morticians and Funeral Directors, the State Boa rd of 6
Nursing, the State Board of Examiners in Optometry, the State Board of Pharmacy, 7
the State Board of Physical Therapy Examiners, the State Board of Podiatric Medical 8
Examiners, the State Board of Examiners of Psychologists, the State Board of 9
Environmental Health Specialists, and the State Board for Certification of 10
Residential Child Care Program Professionals; and generally relating to health 11
occupations and criminal history records checks. 12
BY repealing and reenacting, without amendments, 13
Article – Health Occupations 14
Section 1A–302(a) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Health Occupations 19
Section 1A –302(b)(4), 1A –302.1, 4 –302.2, 4 –307(d), 4 –310(d), 4 –315(a)(39) and 20
(c)(21), 4 –505(e) a nd (h), 5 –302.1, 5 –308(f), 8 –302.2, 11 –308(d), 12 –302(d), 21
12–302.1, 12–308(d), 12–6B–02.1, 13–311(e), 21–302.1, and 21–310(d) and (e) 22
Annotated Code of Maryland 23
2 HOUSE BILL 1420
(2021 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Health Occupations 3
Section 1A –302(b)(4) and (5), 1A –306(c), 1A –307(c), 4 –302, 4 –304(a), 4 –311, 4
4–315(a)(37) and (38) and (c)(19) and (20), 4–505(e) and (f), 5–302(d), 5–303(a), 5
5–309(a) and (b), 5–311, 7–301.1(c), 8–303, 8–6A–05(c), 8–6A–08(b) and (l)(1), 6
11–308(d) and (e), 11 –310, 12 –302(d) through (g), 12 –303(a), 12 –306, 7
12–308(d), 12 –310(b), 12 –6C–05.1(a), 12 –6C–06(b), 12 –6D–03(b) and (c), 8
12–6D–04, 13 –302.1, 13 –311(e), 16 –302.1, 18 –302.1, 20 –303(b), 21 –302, 9
21–307, 21–309(c), and 21–315 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
BY repealing 13
Article – Health Occupations 14
Section 18–309(h) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health Occupations 20
1A–302. 21
(a) To qualify for a license, an applicant shall be an individual who meets the 22
requirements of this section. 23
(b) The applicant shall: 24
(4) BEGINNING JULY 1, 2027, SUBMIT TO A CRIMINAL HISTORY 25
RECORDS CHECK IN ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE; 26
[(4)] (5) Demonstrate the ability to communicate in the English 27
language; and 28
[(5)] (6) Meet any other qualifications that the Board establishes in 29
regulations. 30
1A–302.1. 31
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 32
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 33
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 34
HOUSE BILL 1420 3
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 1
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 2
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 3
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 4
REPOSITORY: 5
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 6
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 7
OF THE FEDERAL BUREAU OF INVESTIGATION; 8
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 9
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 10
AND 11
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 12
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 13
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 14
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 15
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 16
INFORMATION. 17
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 18
THIS SECTION: 19
(1) IS CONFIDENTIAL; 20
(2) MAY NOT BE REDISSEMINATED; AND 21
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 22
BY THIS TITLE. 23
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 24
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 25
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 26
THE CRIMINAL PROCEDURE ARTICLE. 27
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 28
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 29
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 30
4 HOUSE BILL 1420
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 1
INDIVIDUAL. 2
1A–306. 3
(c) Before the license expires, the licensee periodically may renew it for an 4
additional term, if the licensee: 5
(1) Otherwise is entitled to be licensed; 6
(2) Pays to the Board a renewal fee set by the Board; and 7
(3) Submits to the Board: 8
(i) A renewal application on the form that the Board requires; [and] 9
(ii) Satisfactory evidence of compliance with any continuing 10
education requirements set under this section for license renewal; AND 11
(III) FOR INDIVIDUALS LICEN SED BEFORE JANUARY 1, 2028, 12
SATISFACTORY EVIDENC E OF A CRIMINAL HIST ORY RECORDS CHECK IN 13
ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE FOR THE LICENSEE ’S FIRST 14
RENEWAL AFTER JANUARY 1, 2028. 15
1A–307. 16
(c) The Board may reinstate the license of a former licensee who has failed to 17
renew the license for any reason if the former licensee: 18
(1) Meets the continuing education requirements of § 1A –306 of this 19
subtitle for each year that the license has lapsed; 20
(2) Applies for reinstatement more than 30 days after the license renewal 21
deadline; 22
(3) Submits to the Board an application for reinstatement on the form 23
required by the Board; [and] 24
(4) Pays to the Board a reinstatement fee and a renewal fee set by the 25
Board; AND 26
(5) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 27
ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE. 28
4–302. 29
HOUSE BILL 1420 5
(a) Except as otherwise provided in this title, to qualify for a license, an applicant 1
shall be an individual who meets the requirements of this section. 2
(b) The applicant shall be of good moral character. 3
(c) To qualify for a license to practice dentistry, the applicant shall be at least 18 4
years old. 5
(D) THE APPLICANT SHALL S UBMIT TO A CRIMINAL HISTORY REC ORDS 6
CHECK IN ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 7
[(d)] (E) Unless waived by the Board under §§ 4–303 and 4–303.1 of this subtitle, 8
and except as provided in § 4 –306.1 of this subtitle, to qualify for a license to practice 9
dentistry, the applicant shall hold a degree of Doctor of Dental Surgery, Doctor of Dental 10
Medicine, or the equivalent, from a college or university that is: 11
(1) Authorized by any state or any province of Canada to grant the degree; 12
and 13
(2) Recognized by the Board as requiring adequate preprofessional 14
collegiate training and as maintaining an acceptable course of dental instruction. 15
[(e)] (F) To qualify for a license to practice dental hygiene, the applicant shall 16
be a graduate of a school for dental hygienists that: 17
(1) Requires at least 2 years of education in an institution of higher 18
education; 19
(2) Is accredited by the American Dental Association Commission on 20
Dental Accreditation; and 21
(3) Is approved by the Board. 22
[(f)] (G) (1) Unless the examination requirement is waived under § 4–306 or 23
§ 4–310 of this subtitle, and except as provided in § 4–303.1 of this subtitle, to qualify for a 24
general license to practice dentistry or a general license to practice dental hygiene, the 25
applicant shall pass an examination given by the Board under this subtitle. 26
(2) An examination is not required for a teacher’s license to practice 27
dentistry, a limited license to practice dentistry, or a teacher’s license to practice dental 28
hygiene. 29
[(g)] (H) In a ddition to the requirements of subsections (a), (b), (c), [and] (d), 30
AND (E) of this section, to qualify for a teacher’s license to practice dentistry, the applicant 31
shall: 32
6 HOUSE BILL 1420
(1) Be licensed to practice dentistry in any other state; 1
(2) Have been active in the dental profession for at least 5 years; 2
(3) Be a full –time or part –time faculty member at a college or university 3
where the applicant teaches a subject required by the dental school of that college or 4
university; and 5
(4) If the applicant is engaged in a teaching area that is designated as a 6
specialty by the National Commission on Recognition of Dental Specialties and Certifying 7
Boards, meet the requirements established by the National Commission on Recognition of 8
Dental Specialties and Certifying Boards for that specialty. 9
[(h)] (I) In addition to the requirements of subsections (a), (b), [and (e)] (D), 10
AND (F) of this section, to qualify for a teacher’s license to practice dental hygiene, the 11
applicant shall: 12
(1) Be licensed to practice dental hygiene in any other state; 13
(2) Have been active as a dental hygienist for at least 5 years before 14
applying for the teacher’s license to practice dental hygiene; and 15
(3) Be a full –time or part –time faculty member at a dental school where 16
the applicant teaches a subject required by that school. 17
[(i)] (J) In addition to the requirements of subsections (a), (b), (c), [and] (d), 18
AND (E) of this section, to qualify for a retired volunteer dentist’s license to practice 19
dentistry, the applicant shall: 20
(1) Have had a general license to practice dentistry issued under this title 21
within the last 2 years; 22
(2) Complete the continuing education requirements that the Board 23
establishes for a general license; and 24
(3) Provide dental services as required under § 4–308(c) of this subtitle. 25
[(j)] (K) In addition to the requirements of subsections (a), (b), [and (e)] (D), 26
AND (F) of this section, to qualify for a retired dental hygienist’s license to practice dental 27
hygiene, the applicant shall: 28
(1) Have had a general license to practice dental hygiene under this title 29
within the last 2 years; 30
(2) Complete the continuing education requirements that the Board 31
establishes for a general license; and 32
HOUSE BILL 1420 7
(3) Provide dental hygiene services as requi red under § 4 –308(g) of this 1
subtitle. 2
[(k)] (L) In addition to the requirements of subsections (a), (b), (c), [and] (d), 3
AND (E) of this section, to qualify for a volunteer dentist’s license to practice dentistry, the 4
applicant shall: 5
(1) Satisfy the requirements of § 4–306(b)(1) and (d)(2) of this subtitle; 6
(2) Hold an active license to practice dentistry in another state or in the 7
District of Columbia; 8
(3) Complete the continuing education requirements that the Board 9
establishes for a general license; 10
(4) Provide dental services exclusively in the manner described in § 11
4–308(c) of this subtitle; and 12
(5) Immediately upon ceasing to provide services exclusively in the manner 13
described in § 4–308(c) of this subtitle, surrender the volunteer license to the Board. 14
[(l)] (M) In addition to the requirements of subsections (a), (b), (c), (D), and [(e)] 15
(F) of this section, to qualify for a volunteer dental hygienist’s license to practice dental 16
hygiene, an applicant shall: 17
(1) Satisfy the requirements of § 4–306(b)(2) and (e)(2) of this subtitle; 18
(2) Hold an active license to practice dental hygiene in another state or in 19
the District of Columbia; 20
(3) Complete the continuing education requirements that the Board 21
establishes for a general license; 22
(4) Provide dental hygiene services exclusively in the manner described in 23
§ 4–308(g) of this subtitle; and 24
(5) Immediately upon ceasing to provide services exclusively in the manner 25
described in § 4–308(g) of this subtitle, surrender the volunteer license to the Board. 26
[(m)] (N) To qualify for a limited license to practice dentistry, the applicant shall 27
meet the requirements set forth in subsections (a), (b), (c), [and] (d), AND (E) of this section. 28
4–302.2. 29
8 HOUSE BILL 1420
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 1
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 2
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 3
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 4
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 5
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 6
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 7
REPOSITORY: 8
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 9
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 10
OF THE FEDERAL BUREAU OF INVESTIGATION; 11
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 12
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 13
AND 14
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 15
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 16
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 17
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 18
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY RECORD 19
INFORMATION. 20
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 21
THIS SECTION: 22
(1) IS CONFIDENTIAL; 23
(2) MAY NOT BE REDISSEMINATED; AND 24
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 25
BY THIS TITLE. 26
(F) THE SUBJECT OF A CRIMINAL HISTORY REC ORDS CHECK UNDER THI S 27
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 28
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 29
THE CRIMINAL PROCEDURE ARTICLE. 30
HOUSE BILL 1420 9
(G) IF CRIMINAL HISTORY R ECORD INFORMATION I S REPORTED TO THE 1
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 2
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 3
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 4
INDIVIDUAL. 5
(H) ON RECEIPT OF THE CRIMINAL HISTORY RECORD INFORMATION OF AN 6
APPLICANT FOR LICENS URE OR CERTIFICATION FORWARDED TO THE BOARD IN 7
ACCORDANCE WITH THIS SECTION, IN DETERMINING WHETH ER TO GRANT A 8
LICENSE OR CERTIFICATE, THE BOARD SHALL CONSIDER: 9
(1) THE AGE AT WHICH THE CRIME WAS COMMITTED; 10
(2) THE CIRCUMSTANCES SURROUNDING THE CRIME; 11
(3) THE LENGTH OF TIME THAT HAS PASSED SINCE THE CRIME; 12
(4) SUBSEQUENT WORK HISTORY; 13
(5) EMPLOYMENT AND CHARACTER REFERENCES; AND 14
(6) OTHER EVIDENCE THAT D EMONSTRATES WHETHER THE 15
APPLICANT POSES A THREAT TO THE PUBLIC HEALTH OR SAFETY. 16
4–304. 17
(a) To apply for a license, an applicant shall: 18
(1) Submit an application to the Board on the form that the Board requires; 19
[and] 20
(2) SUBMIT TO A CRIMINAL HISTORY RECORDS CHEC K IN 21
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE; AND 22
(3) Pay to the Board an application fee set by the Board. 23
4–307. 24
(D) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMI NAL HISTORY 25
RECORD INFORMATION R EQUIRED UNDER § 4–302.2 OF THIS SUBTITLE HAS NOT 26
BEEN RECEIVED. 27
4–310. 28
10 HOUSE BILL 1420
(D) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMI NAL HISTORY 1
RECORD INFORMATION R EQUIRED UNDER § 4–302.2 OF THIS SUBTITLE HAS NOT 2
BEEN RECEIVED. 3
4–311. 4
(A) The Board shall reinstate a general license to practice dentistry, a teache r’s 5
license to practice dentistry, a general license to practice dental hygiene, or a teacher’s 6
license to practice dental hygiene that is expired only if the licensee: 7
(1) Meets the renewal and reinstatement requirements set by rule and 8
regulation of the Board; and 9
(2) Pays to the Board a reinstatement fee set by the Board. 10
(B) (1) BEGINNING OCTOBER 1, 2027, THE BOARD SHALL REQUIRE A 11
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 4–302.2 OF THIS 12
SUBTITLE FOR: 13
(I) LICENSE RENEWAL APPLI CANTS AS DETERMINED BY 14
REGULATIONS ADOPTED BY THE BOARD; AND 15
(II) EACH FORMER LICENSEE WHO FILES FOR REINSTATEMENT 16
AFTER FAILING TO RENEW A LICENSE. 17
(2) THE BOARD MAY NOT RENEW O R REINSTATE A LICENS E IF THE 18
CRIMINAL HISTORY REC ORD INFORMATION REQU IRED UNDER § 4–302.2 OF THIS 19
SUBTITLE HAS NOT BEEN RECEIVED. 20
4–315. 21
(a) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 22
deny a general license to practice dentistry, a limited license to practice dentistry, or a 23
teacher’s license t o practice dentistry to any applicant, reprimand any licensed dentist, 24
place any licensed dentist on probation, or suspend or revoke the license of any licensed 25
dentist, if the applicant or licensee: 26
(37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 27
title; [or] 28
(38) Allows a dental assistant to assist in the practice of dentistry: 29
(i) In an unauthorized manner in violation of this title or 30
regulations adopted by the Board; 31
HOUSE BILL 1420 11
(ii) Without specifically instructing t he certified dental assistant to 1
perform an intraoral procedure that the certified dental assistant is authorized to perform; 2
or 3
(iii) Failing to provide direct supervision of a dental assistant; OR 4
(39) FAILS TO SUBMIT TO A CRIMINAL HISTORY REC ORDS CHECK IN 5
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 6
(c) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 7
deny a general license to practice dental hygiene, a teacher’s license to practice dental 8
hygiene, or a temporary license to practice dental hygiene to any applicant, reprimand any 9
licensed dental hygienist, place any licensed dental hygienist on probation, or suspend or 10
revoke the license of any licensed dental hygienist, if the applicant or licensee: 11
(19) Fails to comply with any Board order; [or] 12
(20) Willfully and without legal justification, fails to cooperate with a lawful 13
investigation conducted by the Board; OR 14
(21) FAILS TO SUBMIT TO A CRIMINAL HISTORY REC ORDS CHECK IN 15
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 16
4–505. 17
(E) AN APPLICANT FOR A CE RTIFICATE TO PRACTIC E AS A DENTAL 18
RADIATION TECHNOLOGI ST SHALL SUBMIT TO A CRIMINAL HISTORY REC ORDS 19
CHECK IN ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 20
[(e)] (F) At least 1 month before a certificate expires, the Board shall send to 21
each certificate holder, by electronic means or first–class mail to the last known electronic 22
or physical address of the certificate holder, a renewal notice that states: 23
(1) The date on which the current certificate expires; 24
(2) The date by which the renewal application must be received by the 25
Board for the renewal to be issued and mailed before the certificate expires; and 26
(3) The amount of the renewal fee. 27
[(f)] (G) An individual may be simultaneously certified as a de ntal radiation 28
technologist under this section and as an expanded function dental assistant. 29
12 HOUSE BILL 1420
(H) (1) BEGINNING OCTOBER 1, 2027, THE BOARD SHALL REQUIRE A 1
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 4–302.2 OF THIS 2
SUBTITLE FOR: 3
(I) CERTIFICATE RENEWAL APPLICANTS AS DETERMINED BY 4
REGULATIONS ADOPTED BY THE BOARD; AND 5
(II) EACH FORMER CERTIFICA TE HOLDER WHO FILES FOR 6
REINSTATEMENT AFTER FAILING TO RENEW A CERTIFICATE. 7
(2) THE BOARD MAY NOT RENEW O R REINSTATE A CERTIF ICATE IF 8
THE CRIMINAL HISTORY RECORD INFOR MATION REQUIRED UNDE R § 4–302.2 OF 9
THIS SUBTITLE HAS NOT BEEN RECEIVED. 10
5–302. 11
(d) The applicant for licensure as a dietitian–nutritionist shall: 12
(1) (i) 1. Have satisfactorily completed academic requirements for 13
the field of dietetics as approved by the Board; and 14
2. Have received at a minimum a baccalaureate degree from 15
a college or university accredited by an educational accrediting association as required by 16
the Commission on Dietetic Registration; or 17
(ii) Have rec eived a master’s or doctoral degree from a college or 18
university accredited by an educational accrediting association recognized by the Council 19
on Higher Education and Accreditation in nutritional sciences (with emphasis in human 20
nutrition), food and nutri tion, dietetics, human nutrition, community nutrition, public 21
health nutrition, or equivalent training approved by the Board; 22
(2) Have satisfactorily completed a program of supervised clinical 23
experience approved by the Board; [and] 24
(3) (i) Submit to the Board proof of certification by the Board for 25
Certification of Nutrition Specialists; or 26
(ii) Submit to the Board proof of registration as a dietitian with the 27
Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; AND 28
(4) BEGINNING JULY 1, 2027, SUBMIT TO A CRIMINAL HISTORY 29
RECORDS CHECK IN ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 30
5–302.1. 31
HOUSE BILL 1420 13
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 1
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 2
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 3
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 4
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 5
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 6
CHECK, AN APPLICANT SHALL C OMPLETE A ND SUBMIT TO THE CENTRAL 7
REPOSITORY: 8
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 9
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 10
OF THE FEDERAL BUREAU OF INVESTIGATION; 11
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 12
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 13
AND 14
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 15
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 16
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 17
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 18
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 19
INFORMATION. 20
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 21
THIS SECTION: 22
(1) IS CONFIDENTIAL; 23
(2) MAY NOT BE REDISSEMINATED; AND 24
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 25
BY THIS TITLE. 26
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 27
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 28
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 29
THE CRIMINAL PROCEDURE ARTICLE. 30
14 HOUSE BILL 1420
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 1
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 2
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 3
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 4
INDIVIDUAL. 5
5–303. 6
(a) An applicant for a license shall: 7
(1) Submit an application to the Board on the form that the Board requires; 8
(2) Pay the application fee set by the Board; [and] 9
(3) Provide proof of passing an examination approved by the Board; AND 10
(4) BEGINNING JULY 1, 2027, SUBMIT TO A CRIMINAL HISTORY 11
RECORDS CHECK IN ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 12
5–308. 13
(F) AN INDIVIDUAL LICENSE D BEFORE JULY 1, 2027, SHALL PROVIDE 14
SATISFACTORY EVIDENCE OF A CRIMINAL HISTORY R ECORDS CHECK IN 15
ACCORDANCE WITH § 5–302.1 OF THIS TITLE FOR THE LICENSEE’S FIRST RENEWAL 16
AFTER JANUARY 1, 2028. 17
5–309. 18
(a) (1) The Board shall place a licensee on inactive status if the licensee: 19
(i) Submits to the Board an application for inactive status on the 20
form required by the Board; and 21
(ii) Pays to the Board the inactive status fee set by the Board. 22
(2) The Board shall reactivate the license of an individual placed on 23
inactive status if the individual: 24
(i) Satisfies the continuing education requirements established by 25
the Board; [and] 26
(ii) Pays to the Board a reactivation fee set by the Board; AND 27
(III) SUBMITS TO A CRIMINAL HIS TORY RECORDS CHECK I N 28
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 29
HOUSE BILL 1420 15
(b) The Board, in accordance with its regulations, shall reinstate the license of an 1
individual who failed to renew a license for any reason if the individual: 2
(1) Otherwise is entitled to be licensed; 3
(2) Satisfies the continuing education requirements established by the 4
Board; 5
(3) Pays to the Board a reinstatement fee set by the Board; [and] 6
(4) Applies to the Board for reinstatement of a license within 5 years after 7
the expiration of the license; AND 8
(5) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 9
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 10
5–311. 11
Subject to the hearing provisions of § 5 –312 of this subtitle, the Board, on the 12
affirmative vote of a majority of its members then serving, may deny a license to any 13
applicant, reprimand any licensee, or suspend or revoke a license if the applicant or 14
licensee: 15
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 16
the applicant or licensee or for another; 17
(2) Fraudulently or deceptively uses a license; 18
(3) Violates any provision of this title or any regulations adopted under this 19
title; 20
(4) Refuses, withholds from, denies, or discriminates against an individual 21
with regard to the provision of professional service for which the licensee is licensed and 22
qualified to render because the individual is HIV positive; 23
(5) Commits fraud or deceit in the practice of dietetics; 24
(6) Is convicted of or pleads nolo contendere to a felony or to a crime 25
involving moral turpitude, whether or not any appeal or other proceeding is pending to 26
have the conviction or plea set aside; 27
(7) Obtains or attempts to obtain a fee through fraud or misrepresentation; 28
(8) Employs any [person] INDIVIDUAL to practice dietetics whose license 29
or certificate to practice a health occupation under this article has been suspended; 30
16 HOUSE BILL 1420
(9) Uses or promotes or causes the use of any misleading, deceiving, or 1
untruthful advertising matter, or promotional literature, testimonial, guarantee, warranty, 2
label, brand, insignia, or other representation; 3
(10) Commits any act of unprofessional conduct, as defined by the rules and 4
regulations of the Board, or violates the code of ethics adopted by the Board; 5
(11) Provides professional services while: 6
(i) Under the influence of alcohol; or 7
(ii) Using any narcotic or controlled dangerous substance, as defined 8
in § 5 –101 of the Criminal Law Article, or other drug that is in excess of therapeutic 9
amounts or without valid medical indication; 10
(12) Is disciplined by a licensing or disciplinary authority of any other state 11
or country or convicted or disciplined by a court of any other state or country for an act that 12
would be grounds for disciplinary action under this section; 13
(13) Practices dietetics with an unauthorized [person] INDIVIDUAL or 14
supervises or aids an unauthorized [person] INDIVIDUAL in the practice of dietetics; 15
(14) Fails to file or record any report or record as required by law in the 16
practice of dietetics, impedes or obstructs the filing or recording of the report or record, or 17
induces another to fail to file or record the report or record; 18
(15) Submits a false statement to collect a fee; 19
(16) Is professionally, physically, or mentally incompetent; 20
(17) Promotes the sale of devices, appliances, or goods to a patient so as to 21
exploit the patient for financial gain; [or] 22
(18) Fails to cooperate with a lawful investigation conducted by the Board ; 23
OR 24
(19) FAILS TO SUBMIT TO A CRIMINAL HISTORY REC ORDS CHECK IN 25
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 26
7–301.1. 27
(c) (1) In this subsection, “Central Repository” means the Criminal Justice 28
Information System Central Repository of the Department of Public Safety and 29
Correctional Services. 30
HOUSE BILL 1420 17
(2) As part of an application to the Central Repository for a State and 1
national criminal history records check, an applicant shall submit to the Central 2
Repository: 3
(i) A complete set of legible fingerprints taken [on forms ] IN A 4
FORMAT approved by the Director of the Central Repository and the Director of the Federal 5
Bureau of Investigation; 6
(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 7
Procedure Article for access to [State] MARYLAND criminal history records; and 8
(iii) The MANDATORY processing fee required by the Federal Bureau 9
of Investigation for a national criminal history records check. 10
(3) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 11
Procedure Article, the Central Repository shall forward to the Board and the applicant the 12
criminal history record information of the applicant. 13
(4) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 14
UNDER THIS SUBSECTION: 15
(I) IS CONFIDENTIAL; 16
(II) MAY NOT BE REDISSEMINATED; AND 17
(III) MAY BE USED ONLY FOR THE LICENSING PURPOS E 18
AUTHORIZED BY THIS TITLE. 19
[(4)] (5) If an applicant has made three or more unsuccessful attempts at 20
securing legible fingerprints, the Board may accep t an alternate method of a criminal 21
history records check as allowed by the Director of the Central Repository and the Director 22
of the Federal Bureau of Investigation. 23
[(5)] (6) The subject of a criminal history records check under this section 24
may cont est the contents of the printed statement issued by the Central Repository as 25
provided in § 10–223 of the Criminal Procedure Article. 26
(7) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO 27
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 28
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 29
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 30
INDIVIDUAL. 31
8–302.2. 32
18 HOUSE BILL 1420
THE BOARD SHALL REQUIRE A CRIMINAL HISTORY REC ORDS CHECK IN 1
ACCORDANCE WITH § 8–303 OF THIS SUBTITLE FOR: 2
(1) APPLICANTS FOR CERTIF ICATION AS A FORENSI C NURSE 3
EXAMINER; 4
(2) APPLICANTS FOR C ERTIFICATION AS A WO RKERS’ 5
COMPENSATION CASE MANAGER; 6
(3) SELECTED ANNUAL RENEW AL APPLICANTS FOR CE RTIFICATION 7
AS A FORENSIC NURSE EXAMINER OR WORKERS’ COMPENSATION CASE MANAGER, AS 8
REQUIRED BY REGULATIONS ADOPTED BY THE BOARD; AND 9
(4) APPLICANTS FOR REINST ATEMENT AS A CERTIFI ED FORENSIC 10
NURSE EXAMINER OR WO RKERS’ COMPENSATION CASE MA NAGER, IF THE 11
APPLICANT FILES FOR REINSTATEMENT AFTER FAILING TO RENEW THE 12
CERTIFICATION FOR A PERIOD OF 1 YEAR OR MORE. 13
8–303. 14
(a) In this section, “Central Repository” means the Criminal Justice Information 15
System Central Repository of the Department of Public Safety and Correctional Services. 16
(b) As part of an application to the Central Repository for a State and national 17
criminal history records check, an applicant shall submit to the Central Repository: 18
(1) [Two complete sets] A COMPLETE SET of legible fingerprints taken [on 19
forms] IN A FORMAT approved by the Director of the Central Repository and the Director 20
of the Federal Bureau of Investigation; 21
(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 22
Article for access to [State] MARYLAND criminal history records; and 23
(3) The MANDATORY processing fee required by the Federal Bureau of 24
Investigation for a national criminal history records check. 25
(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 26
Procedure Article, the Central Repository shall forward to th e Board and to the applicant 27
the criminal history record information of the applicant. 28
(d) (1) If criminal history record information is reported to the Central 29
Repository after the date of the initial criminal history records check, the Central 30
Repository shall provide to the Board a revised printed statement of the individual’s State 31
criminal history record. 32
HOUSE BILL 1420 19
(2) The Board shall notify each applicant that: 1
(i) The applicant’s fingerprints will be retained by the Central 2
Repository; and 3
(ii) All new and additional criminal information will be reported to 4
the Board. 5
(3) The Board may enter into an agreement with the Central Repository 6
and the Federal Bureau of Investigation to carry out this subsection. 7
(e) If an applicant has made t wo or more unsuccessful attempts at securing 8
legible fingerprints, the Board may accept an alternate method of criminal history records 9
check as permitted by the Director of the Central Repository and the Director of the Federal 10
Bureau of Investigation. 11
(f) Information obtained from the Central Repository under this section [shall 12
be]: 13
(1) [Confidential and may] IS CONFIDENTIAL; 14
(2) MAY not be redisseminated; and 15
[(2)] (3) [Used] MAY BE USED only for the licensing purpose authorized 16
by this title. 17
(g) The subject of a criminal history records check under this section may contest 18
the contents of the printed statement issued by the Central Repository as provided in § 19
10–223 of the Criminal Procedure Article. 20
8–6A–05. 21
(c) (1) An applicant for a certificate shall: 22
(i) Submit [an application to the Board on the form that the Board 23
requires] TO A CRIMINAL HISTORY RECORDS CHECK IN A CCORDANCE WITH § 8–303 24
OF THIS TITLE; 25
(II) SUBMIT TO THE BOARD: 26
1. AN APPLICATION TO THE BOARD ON THE FORM THAT 27
THE BOARD REQUIRES; AND 28
2. WRITTEN VERIFICATION THAT THE REQUIREMENT IN 29
ITEM (I) OF THIS PARAGRAPH IS BEING OR HAS BEEN MET; 30
20 HOUSE BILL 1420
[(ii)] (III) Provide evidence, as required by the Board, of successful 1
completion of: 2
1. An approved nursing a ssistant training program or 3
approved acute care nursing assistant training program; 4
2. An approved dialysis technician training program; 5
3. An approved course in medication administration; or 6
4. A portion of an approved nursing education pr ogram that 7
the Board determines meets the requirements of an approved nursing assistant training 8
program or medication administration course; 9
[(iii)] (IV) Pay to the Board an application fee set by the Board; 10
[(iv)] (V) Be of good moral character; 11
[(v)] (VI) Be at least 16 years old to apply for certification as a 12
nursing assistant; 13
[(vi)] (VII) Be at least 18 years old to apply for certification as a 14
dialysis technician; and 15
[(vii)] (VIII) Be at least 18 years old to apply for certification as a 16
medication technician. 17
[(2) Subject to paragraph (1) of this subsection, an applicant for certification 18
as a certified nursing assistant or dialysis technician shall submit to the Board: 19
(i) A criminal history records check in accordance with § 8 –303 of 20
this title and § 8–6A–08(k) of this subtitle; and 21
(ii) On the form required by the Board, written, verified evidence 22
that the requirement of item (i) of this paragraph is being met or has been met.] 23
[(3)] (2) (i) An applic ant for certification as a certified nursing 24
assistant shall submit to the Board satisfactory evidence of passing a nursing assistant 25
competency evaluation. 26
(ii) An applicant who has completed an approved acute care nursing 27
assistant training program s hall be deemed to have fulfilled the classroom and clinical 28
standards to sit for the nursing assistant competency evaluation. 29
[(4)] (3) An applicant for a certificate may not: 30
HOUSE BILL 1420 21
(i) Have committed any act or omission that would be grounds for 1
discipline or denial of certification under this subtitle; and 2
(ii) Have a record of abuse, negligence, misappropriation of a 3
resident’s property, or any disciplinary action taken or pending in any other state or 4
territory of the United States against the cert ification of the nursing assistant or 5
medication technician in the state or territory. 6
[(5)] (4) Beginning October 1, 2025, a certified nursing assistant –II may 7
be certified as a certified nursing assistant–I by: 8
(i) Submitting an application to the Board on the form that the 9
Board requires; and 10
(ii) Providing satisfactory evidence of: 11
1. Successful completion of an approved nursing assistant 12
training program; and 13
2. Passing a nursing assistant competency evaluation. 14
8–6A–08. 15
(b) (1) At least 3 months before a certificate expires, the Board shall send a 16
renewal notice to the certificate holder by: 17
(i) First–class mail to the last known mailing address of the 18
certificate holder; or 19
(ii) Electronic means to the last known electr onic address of the 20
certificate holder. 21
(2) A renewal notice shall state: 22
(i) The date on which the current certificate expires; 23
(ii) The date by which the renewal application must be received by 24
the Board for the renewal to be issued and mailed before the certificate expires; and 25
(iii) The amount of the renewal fee. 26
(3) If a [nursing assistant or dialysis technician ] CERTIFICATE HOLDER 27
is required to have a criminal history records check before a certificate may be renewed, 28
the Board shall send the [nursing assistant or dialysis technician] CERTIFICATE HOLDER 29
the documents necessary for initiating the criminal history records check in conjunction 30
with the renewal notice required under paragraph (1) of this subsection. 31
22 HOUSE BILL 1420
(l) (1) (i) The Boa rd shall require criminal history records checks in 1
accordance with § 8–303 of this title on: 2
1. Selected applicants for certification as a certified nursing 3
assistant, MEDICATION TECHNICIAN, or dialysis technician who renew their certificates 4
every 2 years as determined by regulations adopted by the Board; and 5
2. Each former certified nursing assistant , MEDICATION 6
TECHNICIAN, or dialysis technician who files for reinstatement under subsection (h) of this 7
section after failing to renew the certificate for a period of 1 year or more. 8
(ii) An additional criminal history records check shall be performed 9
every 12 years thereafter. 10
11–308. 11
(D) (1) BEGINNING AUGUST 1, 2026, THE BOARD SHALL REQUIRE A 12
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 11–302.1 OF THIS 13
SUBTITLE FOR: 14
(I) LICENSE RENEWAL APPLI CANTS AS DETERMINED BY 15
REGULATIONS ADOPTED BY THE BOARD; AND 16
(II) EACH FORMER LICENSEE WHO FILES FOR REINSTATEMENT 17
AFTER FAILING TO RENEW A LICENSE. 18
(2) THE BOARD MAY NOT RENEW O R REINSTATE A LICENSE IF THE 19
CRIMINAL HISTORY RECORD INFORMATION REQUIRED UNDER § 11–302.1 OF THIS 20
SUBTITLE HAS NOT BEEN RECEIVED. 21
[(d)] (E) The Board shall renew the license of and issue a renewal certificate to 22
each licensee who meets the requirements of this section. 23
[(e)] (F) If an optometrist does not renew a license before its expiration date, the 24
Board shall send to the optometrist a notice stating that the license will expire 30 days 25
after the notice is sent unless the optometrist applies for renewal within the grace period. 26
11–310. 27
(a) (1) The Board shall place a licensee on inactive status, if the licensee 28
submits to the Board: 29
(i) An application for inactive status on the form required by the 30
Board; and 31
HOUSE BILL 1420 23
(ii) The inactive status fee set by the Board. 1
(2) The Board shall issue a license to an individual who is on inactive status 2
if the individual: 3
(i) Meets any continuing education requirements set by the Board; 4
[and] 5
(ii) Pays to the Board the reinstatement fee set by the Board; AND 6
(III) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 7
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE. 8
(b) The Board may reinstate the license of an optometrist whose license has been 9
expired for less than 5 years and who has not been put on inactive status, if the optometrist: 10
(1) Has met the continuing education requirements set by the Board; 11
(2) Meets the renewal requirements of § 11–308 of this subtitle; [and] 12
(3) Pays to the Board the reinstatement fee set by the Board; AND 13
(4) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 14
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE. 15
(c) The Board may not reinstate the license of an optometrist whose license has 16
been expired for 5 years or more and who has not been put on inactive status, un less the 17
optometrist: 18
(1) Passes [an] ALL PARTS OF ANY examination [administered] 19
REQUIRED by the Board; [and] 20
(2) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 21
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE; AND 22
[(2)] (3) Otherwise meets the requir ements of subsection (b) of this 23
section. 24
(D) THE BOARD MAY REACTIVATE A LICENSEE ON INACTIVE STATUS ONLY 25
IF THE LICENSEE ATTE STS THAT THE LICENSE E HAS SUBMITTED TO A CRIMINAL 26
HISTORY RECORDS CHECK UNDER § 11–302.1 OF THIS SUBTITLE. 27
12–302. 28
24 HOUSE BILL 1420
(D) THE APPLICANT SHALL SUBM IT TO A CRIMINAL HIS TORY RECORDS 1
CHECK IN ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 2
[(d)] (E) The applicant shall: 3
(1) Be a graduate of a school or college of pharmacy that is approved by the 4
Board or accredited by the American Council on Pharmaceutical Education; and 5
(2) Have completed the professional experience program that the Board 6
requires. 7
[(e)] (F) Except as otherwise provided in this title, the applicant shall pass an 8
examination given by the Board under this subtitle. 9
[(f)] (G) (1) In this subsection, “foreign school or college of pharmacy” means 10
a school or college of pharmacy that is not located in any state in the United States. 11
(2) The Board may waive the requirements of subsection [(d)(1)] (E)(1) of 12
this section for an applicant who is a graduate of a foreign school or college of pharmacy, 13
provided that the applicant passes an examination approved by the Board in addition to 14
the examinations otherwise given by the Board under this subtitle. 15
[(g)] (H) (1) Except as otherwise provided in this subsection, the Board shall 16
require, as part of its examination or licensing procedures, an applicant for a license to 17
practice pharmacy to demonstrate an oral competency in the English language by passing 18
a Board approved standardized test of oral competency. 19
(2) The Board shall adopt regulations that establish a procedure for testing 20
an individual who because of the individual’s speech or hearing impairment is unable to 21
complete satisfactorily a Board approved standardized test of oral competency. 22
(3) If any disciplinary charge or action that relates to a problem with the 23
oral communication of the English language is brought against a licensee under this title, 24
the Board shall require the licensee to pass a Board approved standardized test of oral 25
competency. 26
(4) The Board may not require an applicant for a license to practice 27
pharmacy, who is or was previously licensed in another state to practice pharmacy, to 28
demonstrate an oral competency in the English langu age, if the other state’s examination 29
and licensing procedures at the time the applicant was licensed in the other state included 30
an oral competency component. 31
(5) Graduation from a recognized English –speaking professional school 32
accredited by the Accre ditation Council for Pharmacy Education is acceptable as proof of 33
proficiency in the oral communication of the English language under this subsection. 34
HOUSE BILL 1420 25
12–302.1. 1
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 2
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 3
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 4
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 5
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 6
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 7
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 8
REPOSITORY: 9
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 10
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 11
OF THE FEDERAL BUREAU OF INVESTIGATION; 12
(2) THE FEE AUTHORIZED UNDER § 10–221(B)(7) OF THE CRIMINAL 13
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 14
AND 15
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 16
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 17
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 18
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 19
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 20
INFORMATION. 21
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 22
THIS SECTION: 23
(1) IS CONFIDENTIAL; 24
(2) MAY NOT BE REDISSEMINATED; AND 25
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 26
BY THIS TITLE. 27
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 28
SECTION MAY CONTEST THE CONT ENTS OF THE CRIMINAL HISTORY RECORD 29
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 30
THE CRIMINAL PROCEDURE ARTICLE. 31
26 HOUSE BILL 1420
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 1
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 2
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 3
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 4
INDIVIDUAL. 5
12–303. 6
(a) To apply for a license, an applicant shall: 7
(1) Submit an application to the Board on the form that the Board requires; 8
[and] 9
(2) Pay the application fees set by the Board; AND 10
(3) SUBMIT TO A CRIMINAL HISTORY RECORDS CHEC K IN 11
ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 12
12–306. 13
(A) The Board shall issue a license to any applicant who meets the requirements 14
of this title. 15
(B) (1) ON RECEIPT OF THE CRI MINAL HISTORY RECORD INFORMATION 16
OF AN APPLICANT FOR LICENSURE FORWARDED TO THE BOARD IN ACCORDANCE 17
WITH § 12–302.1 OF THIS SUBTITLE , IN DETERMINING WHETH ER TO GRANT A 18
LICENSE, THE BOARD SHALL CONSIDER: 19
(I) THE AGE AT WHICH THE CRIME WAS COMMITTED; 20
(II) THE CIRCUMSTANCES SURROUNDING THE CRIME; 21
(III) THE LENGTH OF TIME THAT HAS PASSED SINCE THE CRIME; 22
(IV) SUBSEQUENT WORK HISTORY; 23
(V) EMPLOYMENT AND CHARACTER REFERENCES; AND 24
(VI) OTHER EVIDENCE THAT D EMONSTRATES WHETHER THE 25
APPLICANT POSES A THREAT TO THE PUBLIC HEALTH OR SAFETY. 26
HOUSE BILL 1420 27
(2) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMINAL HISTORY 1
RECORD INFORMATION REQUIRED UNDER § 12–302.1 OF THIS SUBTITLE HAS NOT 2
BEEN RECEIVED. 3
12–308. 4
(D) BEGINNING JULY 1, 2027, THE BOARD SHALL REQUIRE ALL LICENSEES 5
WHO WERE INITIALLY L ICENSED WITHOUT A CR IMINAL HISTORY RECORDS CHECK 6
TO SUBMIT TO A CRIMI NAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 7
12–302.1 OF THIS SUBTITLE ON RENEWAL AS SET FORTH IN REGULATIONS ADOPTED 8
BY THE BOARD. 9
[(d)] (E) The Board shall renew the license of and issue a renewal certificate to 10
each licensee who meets the requirements of this section. 11
12–310. 12
(b) The Board shall reinstate the license of a pharmacist whose license has been 13
expired for 2 years or more if the pharmacist: 14
(1) Meets the reinstatement requirements established by the Board in its 15
rules or regulations; [and] 16
(2) Satisfies the requirements of subsection (a) of this section; AND 17
(3) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 18
ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 19
12–6B–02.1. 20
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 21
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 22
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 23
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 24
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 25
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 26
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT TO THE CENTRAL 27
REPOSITORY: 28
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 29
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 30
OF THE FEDERAL BUREAU OF INVESTIGATION; 31
28 HOUSE BILL 1420
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 1
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 2
AND 3
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 4
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 5
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 6
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 7
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 8
INFORMATION. 9
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 10
THIS SECTION: 11
(1) IS CONFIDENTIAL; 12
(2) MAY NOT BE REDISSEMINATED; AND 13
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 14
BY THIS TITLE. 15
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 16
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HIST ORY RECORD 17
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 18
THE CRIMINAL PROCEDURE ARTICLE. 19
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 20
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 21
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 22
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 23
INDIVIDUAL. 24
12–6C–05.1. 25
(a) (1) In this subsection, “Central Repository” means the Criminal Justice 26
Information System Central Repository of the Department of Public Safety and 27
Correctional Services. 28
(2) This subsection applies to applicants located in the State. 29
(3) As part of an application to the Central Repository for a State and 30
national criminal history records check, the designated representative and the immediate 31
HOUSE BILL 1420 29
supervisor of the designated representative of an applicant shall submit to the Central 1
Repository: 2
(i) [Two complete sets ] A COMPLETE SET of legible fingerprints 3
taken [on forms ] IN A FORMAT approved by the [director] DIRECTOR of the Central 4
Repository and the Director of the Federal Bureau of Investigation; 5
(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 6
Procedure Article for access to [State] MARYLAND criminal history records; and 7
(iii) The MANDATORY processing fee required by the Federal Bureau 8
of Investigation for a national criminal history records check. 9
(4) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 10
Procedure Article, the Central Repository shall forward the criminal history records 11
information of the designated representative and the immediate supervisor of the 12
designated representative of an applicant to the Board and the applicant. 13
(5) [The Board shall ensure that information ] INFORMATION obtained 14
from the Central Repository under this subsection: 15
(i) Is [kept] confidential; 16
(ii) [Is] MAY not BE redisseminated; and 17
(iii) [Is] MAY BE used only for the permitting purpose authorized by 18
this subtitle. 19
(6) The subject of a criminal history records check under this subsection 20
may contest the contents of the [printed statement ] CRIMINAL HISTORY REC ORDS 21
INFORMATION issued by the Central Repository as provided in § 10 –223 of the Criminal 22
Procedure Article. 23
(7) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO 24
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 25
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 26
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 27
INDIVIDUAL. 28
12–6C–06. 29
(b) (1) Except as provided in paragraph (2) of this subsection, at least 1 month 30
before a wholesale distributor permit expires, the Board shall send to the wholesale 31
distributor permit holder a renewal notice by electronic means to the last known e –mail 32
address of the permit holder. 33
30 HOUSE BILL 1420
(2) If requested by a wholesale distributor permit holder, the Board shall 1
send to the permit holder a renewal notice by first–class mail to the last known address of 2
the permit holder. 3
(3) If a renewal notice sent by electronic means under paragraph (1) of this 4
subsection is returned to the Board as undeliverable, the Board shall send to the wholesale 5
distributor permit holder a renewal notice by first–class mail to the last known address of 6
the permit holder. 7
(4) A renewal notice sent under this subsection shall state: 8
(i) The date on which the current wholesale distributor permit 9
expires; 10
(ii) The date by which the renewal application must be received by 11
the Board for the renewal to be issued and mailed before the current wholesale distributor 12
permit expires; and 13
(iii) The amount of the renewal fee. 14
(5) Before a wholesale distributor permit expires, a wholesale distributor 15
permit holder periodically may renew it for an additional 2 –year term, if the wholesale 16
distributor permit holder: 17
(i) Otherwise is entitled to a wholesale distributor permit; 18
(ii) Pays to the Board a renewal fee set by the Board; and 19
(iii) Submits to the Board a renewal application on the form that the 20
Board requires. 21
(6) (i) The renewal application form shall set forth the information that 22
the wholesale distributor provided under § 12–6C–05 of this subtitle. 23
(ii) Within 30 days after receiving the form, the wholesale 24
distributor shall identify and state under oath to the Board all changes or corrections to the 25
information that was provided under § 12–6C–05 of this subtitle. 26
(7) The Board shall renew the wholesale distributor permit of a wholesale 27
distributor permit holder who meets the requirements of this subtitle and any regulations 28
adopted under this subtitle. 29
(8) IF A WHOLESALE DISTRIBUTOR IS LOCATED OUTSIDE THE STATE, 30
THE DESI GNATED REPRESENTATIV E AND IMMEDIATE SUPE RVISOR OF THE 31
DESIGNATED REPRESENT ATIVE OF THE PERMIT HOLDER SHALL SUBMIT TO A 32
CRIMINAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 12–6C–05.1 OF THIS 33
SUBTITLE BEFORE THE PERMIT MAY BE RENEWED. 34
HOUSE BILL 1420 31
[(8)] (9) The Board may deny, suspend, or revoke the permit of a 1
wholesale distributor if the Board determines that the wholesale distributor no longer 2
qualifies for a permit. 3
12–6D–03. 4
(b) An applicant shall submit a request for a State AND NATIONAL criminal 5
history records check in accordance with § 12–6D–04 of this subtitle. 6
(c) The Board may not approve an application until the State AND NATIONAL 7
criminal history records check is completed. 8
12–6D–04. 9
(a) In this section, “Central Repository” means the Criminal Justice Information 10
System Central Repository of the Department of Public Safety and Correctional Services. 11
(b) As part of an application to the Central Repository for a State AND NATIONAL 12
criminal history records check, the applicant shall submit to the Central Repository: 13
(1) [Two complete sets] A COMPLETE SET of legible fingerprints taken [on 14
forms] IN A FORMAT approved by the [director] DIRECTOR of the Central Repository AND 15
THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION; [and] 16
(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 17
Article for access to [State] MARYLAND criminal history records; AND 18
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 19
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 20
(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 21
Procedure Article, the Central Repository shall forward [the criminal history records 22
information of the applicant ] to the Board and the [applicant] INDIVIDUAL THE 23
INDIVIDUAL’S CRIMINAL HISTORY RECORD INFORMATION. 24
(d) [The Board shall ensure that information] INFORMATION obtained from the 25
Central Repository under this [subsection] SECTION: 26
(1) Is [kept] confidential; 27
(2) [Is] MAY not BE redisseminated; and 28
(3) [Is] MAY BE used only for the registration purpose authorized by this 29
subtitle. 30
32 HOUSE BILL 1420
(e) The subject of a criminal history records check under this subsection may 1
contest the contents of the printed statement issued by the Central Repository as provided 2
in § 10–223 of the Criminal Procedure Article. 3
(F) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 4
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 5
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 6
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 7
INDIVIDUAL. 8
13–302.1. 9
(a) In this section, “Central Repository” means the Criminal Justice Information 10
System Central Repository of the Department of Public Safety and Correctional Services. 11
(b) As part of an application to the Central Repository for a State and national 12
criminal history records check, an applicant shall submit to the Central Repository: 13
(1) [Two] A complete [sets] SET of legible fingerprints taken [on forms] IN 14
A FORMAT approved by the Director of the Central Repository and the Director of the 15
Federal Bureau of Investigation; 16
(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 17
Article for access to [State] MARYLAND criminal history records; and 18
(3) The MANDATORY processing fee required by the Federal Bureau of 19
Investigation for a national criminal history records check. 20
(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 21
Procedure Article, the Central Repository sha ll forward to the Board and to the applicant 22
the criminal history record information of the applicant. 23
(d) If an applicant has made three or more unsuccessful attempts at securing 24
legible fingerprints, the Board may accept an alternate method of a criminal history records 25
check as permitted by the Director of the Central Repository and the Director of the Federal 26
Bureau of Investigation. 27
(e) Information obtained from the Central Repository under this section: 28
(1) Is confidential [and may]; 29
(2) MAY not be redisseminated; and 30
[(2)] (3) May be used only for the licensing purpose authorized by this 31
title. 32
HOUSE BILL 1420 33
(f) The subject of a criminal history records check under this section may contest 1
the contents of the printed statement issued by the Central Repository as provided in § 2
10–223 of the Criminal Procedure Article. 3
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 4
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 5
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 6
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 7
INDIVIDUAL. 8
13–311. 9
(E) BEGINNING JULY 1, 2027, THE BOARD SHALL REQUIRE ALL LICENSEES 10
WHO WERE INITIALLY L ICENSED WITHOUT A CR IMINAL HISTORY RECORDS CHECK 11
TO SUBMIT TO A CRIMI NAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 12
13–302.1 OF THIS SUBTITLE ON RENEWAL AS SET FORTH IN REGULATIONS ADOPTED 13
BY THE BOARD. 14
[(e)] (F) The Board shall renew the license of each licensee who meets the 15
requirements of this section. 16
16–302.1. 17
(a) In this section, “Central Repository” means the Criminal Justice Information 18
System Central Repository of the Department of Public Safety and Correctional Services. 19
(b) As part of an application to the Central Repository for a State and national 20
criminal history records check, an applicant shall submit to the Central Repository: 21
(1) [One] A complete set of legible fingerprints taken in a [manner] 22
FORMAT approved by the Director of the Central Repository and the Director of the Federal 23
Bureau of Investigation; 24
(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 25
Article for access to [State] MARYLAND criminal history records; and 26
(3) The MANDATORY processing fee required by the Federal Bureau of 27
Investigation for a national criminal history records check. 28
(c) In accordance with §§ 10 –201 through 10 –229 of the Criminal Procedure 29
Article, the Central Repository shall forward to the Board and the applicant the criminal 30
history record information of the applicant. 31
(d) Information obtained from the Central Repository under this section: 32
34 HOUSE BILL 1420
(1) Is confidential; 1
(2) May not be redisseminated; and 2
(3) [Shall] MAY be used only for the licensing purpose authorized by this 3
title. 4
(e) The subject of a criminal history records check under this section may contest 5
the contents of the printed statement issued by the Central Repository as provided in § 6
10–223 of the Criminal Procedure Article. 7
(F) IF CRIMINAL HISTORY R ECORD INFORMATION I S REPORTED TO THE 8
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 9
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 10
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 11
INDIVIDUAL. 12
18–302.1. 13
(a) In this section, “Central Repository” means the Criminal Justice Information 14
System Central Repository of the Department of Public Safety and Correctional Services. 15
(b) As part of an application to the Central Repository for a State and national 16
criminal history records check, an applicant shall submit to the Central Repository: 17
(1) [Two] A complete [sets] SET of legible fingerprints taken [on forms] IN 18
A FORMAT approved by the Director of the Central Repository and the Director of the 19
Federal Bureau of Investigation; 20
(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 21
Article for access to [State] MARYLAND criminal history records; and 22
(3) The MANDATORY processing fee required by the Federal Bureau of 23
Investigation for a national criminal history records check. 24
(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 25
Procedure Article, the Central Repository shall forward to the Board and the applicant the 26
criminal history record information of the applicant. 27
(d) If an applicant has made three or more unsuccessful attempts at securing 28
legible fingerprints, the Board may accept an alternate method of a criminal history records 29
check as allowed by the Director of the Central Repository and the Director of the Federal 30
Bureau of Investigation. 31
(e) Information obtained from the Central Repository under this section: 32
HOUSE BILL 1420 35
(1) [Shall be] IS confidential; 1
(2) May not be redisseminated; and 2
(3) [Shall] MAY be used only for the licensing purpose authorized by this 3
title. 4
(f) The subject of a criminal history records check under this section may contest 5
the contents of the printed statement issued by the Central Repository as provided in § 6
10–223 of the Criminal Procedure Article. 7
(G) IF CRIMINAL HISTORY R ECORD INFORMAT ION IS REPORTED TO T HE 8
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 9
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 10
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 11
INDIVIDUAL. 12
18–309. 13
[(h) (1) (i) Beginning March 2019, the Board shall begin a process requiring 14
criminal history records checks in accordance with § 18–302.1 of this subtitle on: 15
1. Selected annual renewal applicants as determined by 16
regulations adopted by the Board; and 17
2. Each former licensee or registrant who files for 18
reinstatement under § 18 –310 of this subtitle after failing to renew the license or 19
registration for a period of 1 year or more. 20
(ii) An additional criminal history records check shall be performed: 21
1. 6 years after a renewal applicant submitted to a criminal 22
history records check under § 18–302(e) of this subtitle; and 23
2. Every 6 years after a renewal applicant was required to 24
submit to a criminal history records check under subparagraph (i)1 of this paragraph. 25
(2) On receipt of the criminal history record information of a licensee 26
forwarded to the Board in accordance with § 18 –302.1 of this subtitle, in determining 27
whether to renew a license or registration, the Board shall consider: 28
(i) The age at which the crime was committed; 29
(ii) The circumstances surrounding the crime; 30
(iii) The length of time that has passed since the crime; 31
36 HOUSE BILL 1420
(iv) Subsequent work history; 1
(v) Employment and character references; and 2
(vi) Other evidence that demonstrates whether the licensee poses a 3
threat to the public health or safety. 4
(3) The Board may not renew a license or registration if the criminal 5
history record information required under § 18–302.1 of this subtitle has not been received.] 6
20–303. 7
(b) (1) As part of the application for a criminal history records check, the 8
applicant shall submit to the Central Repository: 9
(i) A COMPLETE SET OF legible [set of ] fingerprints taken in a 10
format approved by the Director of the Centra l Repository and the Director of the Federal 11
Bureau of Investigation; 12
(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 13
Procedure Article for access to [State] MARYLAND criminal history records; and 14
(iii) The MANDATORY processing fee required by the Federal Bureau 15
of Investigation for a national criminal history records check. 16
(2) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 17
Procedure Article, the Central Repository shall forward to the applicant and the Board the 18
applicant’s criminal history records information. 19
(3) Information obtained from the Central Repository under this 20
subsection: 21
(i) Is confidential [and may]; 22
(II) MAY not be redisseminated; and 23
[(ii)] (III) May be used only for the certification purpose authorized 24
by this subtitle. 25
(4) The subject of a criminal history records check under this subsection 26
may contest the contents of the printed statement issued by the Central Repository as 27
provided in § 10–223 of the Criminal Procedure Article. 28
(5) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO 29
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 30
HOUSE BILL 1420 37
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 1
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION FOR THE 2
INDIVIDUAL. 3
21–302. 4
To obtain a license, an applicant shall demonstrate to the satisfaction of the Board 5
that the applicant: 6
(1) Is at least 18 years old; 7
(2) Is of good moral character; 8
(3) Has satisfied the education and experience requirements to qualify for 9
examination under § 21–304 of this subtitle; [and] 10
(4) Except as otherwise provided in this title, has successfully passed an 11
examination as required by the Board; AND 12
(5) BEGINNING JULY 1, 2027, HAS SUBMITTED TO A CRIMINAL 13
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE. 14
21–302.1. 15
(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 16
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 17
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 18
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 19
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 20
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 21
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 22
REPOSITORY: 23
(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 24
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 25
OF THE FEDERAL BUREAU OF INVESTIGATION; 26
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 27
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 28
AND 29
38 HOUSE BILL 1420
(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 1
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 2
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 3
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 4
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 5
INFORMATION. 6
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 7
THIS SECTION: 8
(1) IS CONFIDENTIAL; 9
(2) MAY NOT BE REDISSEMINATED; AND 10
(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 11
BY THIS TITLE. 12
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 13
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 14
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 15
THE CRIMINAL PROCEDURE ARTICLE. 16
(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 17
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 18
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 19
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 20
INDIVIDUAL. 21
21–307. 22
(a) The Board shall license and issue the appropriate licensure to any applicant 23
who meets the requirements of this title. 24
(b) The Board shall include on each license that it issues: 25
(1) The designation “licensed environmental health specialist”; 26
(2) The name of the license holder; 27
(3) The date of issue and serial number of the license; 28
(4) The Board seal; and 29
(5) The signature of the Board’s representative. 30
HOUSE BILL 1420 39
(c) The Board shall issue a new license to replace a lost, destroyed, or mutilated 1
license if the license holder pays a fee that is set by the Board. 2
(D) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMI NAL HISTORY 3
RECORD INFORMATION REQUIRED UNDER § 21–302 OF THIS TITLE HAS NOT BEEN 4
RECEIVED. 5
21–309. 6
(c) Before the license expires, the licensee may renew it for an additional 2 –year 7
term, if the licensee: 8
(1) Otherwise is entitled to be licensed; 9
(2) Pays to the Board the renewal fee set by the Board; 10
(3) Submits to the Board a renewal application on the form that the Board 11
requires; [and] 12
(4) Submits to the Board proof that during the previous 2–year period, the 13
licensee has acquired 20 hours of approv ed training in environmental health or other 14
equivalent education as approved by the Board; AND 15
(5) IF LICENSED BEFORE JULY 1, 2027, SUBMITS SATISFACTORY 16
EVIDENCE OF SUBMITTI NG TO A CRIMINAL HIS TORY RECORDS CHECK I N 17
ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE FOR THE LIC ENSEE’S FIRST 18
RENEWAL AFTER JULY 1, 2027. 19
21–310. 20
(D) BEGINNING JULY 1, 2027, A LICENSED ENVIRONMENT AL HEALTH 21
SPECIALIST APPLYING FOR THE REACTIVATION OF AN INACTIVE OR NO NRENEWED 22
LICENSE SHALL SUBMIT SATISFACTORY EVIDENCE OF SUBMITTING TO A CRIMINAL 23
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE. 24
(E) THE BOARD MAY NOT REACTIV ATE A LICENSE IF THE CRIMINAL 25
HISTORY RECORD INFORMATION HAS NOT BEEN RECEIVED. 26
21–315. 27
(A) The Board, on the affirmative vote of a majority of its full appointed 28
membership, may reinstate the license of an individual whose license has been revoked. 29
40 HOUSE BILL 1420
(B) BEGINNING JULY 1, 2027, AN INDIVIDUAL APPLYI NG FOR 1
REINSTATEMENT OF A REVOKED LICENSE SHALL SUBMIT SATISFACTORY EVIDENCE 2
OF SUBMITTING TO A CRIMINAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 3
21–302.1 OF THIS SUBTITLE. 4
(C) THE BOARD MAY NOT REINSTATE A LICENSE IF THE CRIMINAL HISTORY 5
RECORD INFORMATION HAS NOT BEEN RECEIVED. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.