Back to Maryland

SB0806 • 2026

Health Occupations - Criminal History Records Checks

Health Occupations - Criminal History Records Checks

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Chair, Joint Audit and Evaluation Committee and Senators Beidle , Gile , Hayes , Hershey , Jackson , Kramer , Lam , Mautz , Ready , and A. Washington
Last action
2026-05-12
Official status
Approved by the Governor - Chapter 371
Effective date
2026-06-01

Plain English Breakdown

The candidate explanation includes details about current license holders and dispute resolution processes which are not supported by the provided official bill text.

Health Occupations - Criminal History Checks

This law changes how certain health occupation boards check criminal history records when issuing licenses and certificates.

What This Bill Does

  • Requires applicants for certain health licenses to submit to a criminal history record check starting July 1, 2027.
  • Specifies that the applicant must apply to the Central Repository for both state and national criminal history checks.
  • Sets out how fingerprints should be taken and submitted as part of the application process.
  • Establishes rules about confidentiality and use of information obtained from these checks.

Who It Names or Affects

  • Applicants for licenses issued by health occupation boards such as Acupuncture, Dental Examiners, Nursing, Pharmacy, etc.

Terms To Know

Central Repository
The Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
Confidentiality
Information obtained from criminal history checks can only be used for licensing purposes and cannot be shared with others.

Limits and Unknowns

  • The law does not specify the exact details of how disputes over criminal records will be handled.
  • It is unclear what happens if an applicant fails to submit a criminal history record check as required by the new rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

673623/1

None

Favorable with Amendments { 673623/1 Adopted

Plain English: AMENDMENT TO SENATE BILL 806 (First Reading File Bill) On page 1, in the sponsor line, after “Committee” insert “and Senators Beidle, Gile, Hayes, Hershey, Jackson, Kramer, Lam, Mautz, Ready, and A.

  • AMENDMENT TO SENATE BILL 806 (First Reading File Bill) On page 1, in the sponsor line, after “Committee” insert “and Senators Beidle, Gile, Hayes, Hershey, Jackson, Kramer, Lam, Mautz, Ready, and A.
  • Washington”.
  • SB0806/673623/1 BY: Finance Committee

Bill History

  1. 2026-05-12 Post Passage

    Approved by the Governor - Chapter 371

  2. 2026-04-08 House

    Favorable Report by Health

  3. 2026-03-23 House

    Hearing 4/01 at 1:00 p.m. (Health)

  4. 2026-03-22 House

    Third Reading Passed (134-0)

  5. 2026-03-21 House

    Favorable Adopted Second Reading Passed

  6. 2026-03-21 Senate

    Returned Passed

  7. 2026-03-16 Senate

    Favorable with Amendments Report by Finance

  8. 2026-03-07 House

    Referred Health Judiciary

  9. 2026-03-03 Senate

    Third Reading Passed (45-0)

  10. 2026-03-01 Senate

    Favorable with Amendments { 673623/1 Adopted

  11. 2026-03-01 Senate

    Second Reading Passed with Amendments

  12. 2026-02-12 Senate

    Hearing 3/03 at 1:00 p.m.

  13. 2026-02-06 Senate

    First Reading Finance

  14. Maryland General Assembly

    Text - First - Health Occupations - Criminal History Records Checks

  15. Maryland General Assembly

    Vote - Senate - Committee - Finance

  16. Maryland General Assembly

    Text - Third - Health Occupations - Criminal History Records Checks

  17. Maryland General Assembly

    Vote - House - Committee - Health

  18. Maryland General Assembly

    Vote - House - Committee - Judiciary

  19. Maryland General Assembly

    Text - Chapter - Health Occupations - Criminal History Records Checks

Official Summary Text

Establishing and altering requirements related to criminal history records checks for certain licenses and certificates issued by certain health occupations boards, including the State Board of Acupuncture, the State Board of Dental Examiners, the State Board of Morticians and Funeral Directors, the State Board of Nursing, the State Board of Examiners in Optometry, the State Board of Pharmacy, the State Board of Physical Therapy Examiners, and the State Board of Examiners of Psychologists.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0806*

SENATE BILL 806
J2 6lr1345
CF HB 1420
By: Chair, Joint Audit and Evaluation Committee and Senators Beidle, Gile,
Hayes, Hershey, Jackson, Kramer, Lam, Mautz, Ready, and A. Washington
Introduced and read first time: February 6, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 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 Board 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 he alth 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) and (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
2 SENATE BILL 806

Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2

BY repealing and reenacting, with amendments, 3
Article – Health Occupations 4
Section 1A –302(b)(4) and (5), 1A –306(c), 1A –307(c), 4 –302, 4 –304(a), 4 –311, 5
4–315(a)(37) and (38) and (c)(19) and (20), 4–505(e) and (f), 5–302(d), 5–303(a), 6
5–309(a) and (b), 5–311, 7–301.1(c), 8–303, 8–6A–05(c), 8–6A–08(b) and (l)(1), 7
11–308(d) and (e), 11 –310, 12 –302(d) through (g), 12 –303(a), 12 –306, 8
12–308(d), 12 –310(b), 12 –6C–05.1(a), 12 –6C–06(b), 12 –6D–03(b) and (c), 9
12–6D–04, 13 –302.1, 13 –311(e), 16 –302.1, 18 –302.1, 20 –303(b), 21 –302, 10
21–307, 21–309(c), and 21–315 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY repealing 14
Article – Health Occupations 15
Section 18–309(h) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Health Occupations 21

1A–302. 22

(a) To qualify for a license, an applicant shall be an individual who meets the 23
requirements of this section. 24

(b) The applicant shall: 25

(4) BEGINNING JULY 1, 2027, SUBMIT TO A CRIMINAL HISTORY 26
RECORDS CHECK IN ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE; 27

[(4)] (5) Demonstrate the ability to communicate in the English 28
language; and 29

[(5)] (6) Meet any other qualifications that the Board e stablishes in 30
regulations. 31

1A–302.1. 32

SENATE BILL 806 3

(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 TH E 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

4 SENATE BILL 806

(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 HIST ORY RECORD INFORMATI ON FOR THE 4
INDIVIDUAL. 5

1A–306. 6

(c) Before the license expires, the licensee periodically may renew it for an 7
additional term, if the licensee: 8

(1) Otherwise is entitled to be licensed; 9

(2) Pays to the Board a renewal fee set by the Board; and 10

(3) Submits to the Board: 11

(i) A renewal application on the form that the Board requires; [and] 12

(ii) Satisfactory evidence of compliance with any continuing 13
education requirements set under this section for license renewal; AND 14

(III) FOR INDIVIDUALS LICEN SED BEFORE JANUARY 1, 2028, 15
SATISFACTORY EVIDENC E OF A CRIMINAL HIST ORY RECORDS CHECK IN 16
ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE FOR THE LICENSEE ’S FIRST 17
RENEWAL AFTER JANUARY 1, 2028. 18

1A–307. 19

(c) The Board may reinstate the license of a former licensee who has failed to 20
renew the license for any reason if the former licensee: 21

(1) Meets the continuing education requirements of § 1A –306 of this 22
subtitle for each year that the license has lapsed; 23

(2) Applies for reinstatement more than 30 days after the license renewal 24
deadline; 25

(3) Submits to the Board an application for reinstatement on the form 26
required by the Board; [and] 27

(4) Pays to the Board a reinstatement fee and a renewal fee set by the 28
Board; AND 29

SENATE BILL 806 5

(5) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 1
ACCORDANCE WITH § 1A–302.1 OF THIS SUBTITLE. 2

4–302. 3

(a) Except as otherwise provided in this title, to qualify for a license, an applicant 4
shall be an individual who meets the requirements of this section. 5

(b) The applicant shall be of good moral character. 6

(c) To qualify for a license to practice dentistry, the applicant shall be at least 18 7
years old. 8

(D) THE APPLICANT SHALL S UBMIT TO A CRIMINAL HISTORY RECORDS 9
CHECK IN ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 10

[(d)] (E) Unless waived by the Board under §§ 4–303 and 4–303.1 of this subtitle, 11
and except as provided in § 4 –306.1 of this subtitle, to qualify for a license to practice 12
dentistry, the applicant shall hold a degree of Doctor of Den tal Surgery, Doctor of Dental 13
Medicine, or the equivalent, from a college or university that is: 14

(1) Authorized by any state or any province of Canada to grant the degree; 15
and 16

(2) Recognized by the Board as requiring adequate preprofessional 17
collegiate training and as maintaining an acceptable course of dental instruction. 18

[(e)] (F) To qualify for a license to practice dental hygiene, the applicant shall 19
be a graduate of a school for dental hygienists that: 20

(1) Requires at least 2 years of education in an institution of higher 21
education; 22

(2) Is accredited by the American Dental Association Commission on 23
Dental Accreditation; and 24

(3) Is approved by the Board. 25

[(f)] (G) (1) Unless the examination requirement is waived under § 4–306 or 26
§ 4–310 of this subtitle, and except as provided in § 4–303.1 of this subtitle, to qualify for a 27
general license to practice dentistry or a general license to practice dental hygiene, the 28
applicant shall pass an examination given by the Board under this subtitle. 29

(2) An examination is not required for a teacher’s license to practice 30
dentistry, a limited license to practice dentistry, or a teacher’s license to practice dental 31
hygiene. 32
6 SENATE BILL 806

[(g)] (H) In addition to the requirements of subsections (a), (b), (c ), [and] (d), 1
AND (E) of this section, to qualify for a teacher’s license to practice dentistry, the applicant 2
shall: 3

(1) Be licensed to practice dentistry in any other state; 4

(2) Have been active in the dental profession for at least 5 years; 5

(3) Be a full –time or part –time faculty member at a college or university 6
where the applicant teaches a subject required by the dental school of that college or 7
university; and 8

(4) If the applicant is engaged in a teaching area that is designated as a 9
specialty by the National Commission on Recognition of Dental Specialties and Certifying 10
Boards, meet the requirements established by the National Commission on Recognition of 11
Dental Specialties and Certifying Boards for that specialty. 12

[(h)] (I) In addition to the requirements of subsections (a), (b), [and (e)] (D), 13
AND (F) of this section, to qualify for a teacher’s license to practice dental hygiene, the 14
applicant shall: 15

(1) Be licensed to practice dental hygiene in any other state; 16

(2) Have been act ive as a dental hygienist for at least 5 years before 17
applying for the teacher’s license to practice dental hygiene; and 18

(3) Be a full –time or part –time faculty member at a dental school where 19
the applicant teaches a subject required by that school. 20

[(i)] (J) In addition to the requirements of subsections (a), (b), (c), [and] (d), 21
AND (E) of this section, to qualify for a retired volunteer dentist’s license to practice 22
dentistry, the applicant shall: 23

(1) Have had a general license to practice dentistry issued under this title 24
within the last 2 years; 25

(2) Complete the continuing education requirements that the Board 26
establishes for a general license; and 27

(3) Provide dental services as required under § 4–308(c) of this subtitle. 28

[(j)] (K) In addition to the requirements of subsections (a), (b), [and (e)] (D), 29
AND (F) of this section, to qualify for a retired dental hygienist’s license to practice dental 30
hygiene, the applicant shall: 31

SENATE BILL 806 7

(1) Have had a general license to practice dental hygiene un der this title 1
within the last 2 years; 2

(2) Complete the continuing education requirements that the Board 3
establishes for a general license; and 4

(3) Provide dental hygiene services as required under § 4 –308(g) of this 5
subtitle. 6

[(k)] (L) In addition to the requirements of subsections (a), (b), (c), [and] (d), 7
AND (E) of this section, to qualify for a volunteer dentist’s license to practice dentistry, the 8
applicant shall: 9

(1) Satisfy the requirements of § 4–306(b)(1) and (d)(2) of this subtitle; 10

(2) Hold an active license to practice dentistry in another state or in the 11
District of Columbia; 12

(3) Complete the continuing education requirements that the Board 13
establishes for a general license; 14

(4) Provide dental services exclusively in the manner described in § 15
4–308(c) of this subtitle; and 16

(5) Immediately upon ceasing to provide services exclusively in the manner 17
described in § 4–308(c) of this subtitle, surrender the volunteer license to the Board. 18

[(l)] (M) In addition to the requirements of subsections (a), (b), (c), (D), and [(e)] 19
(F) of this section, to qualify for a volunteer dental hygienist’s license to practice dental 20
hygiene, an applicant shall: 21

(1) Satisfy the requirements of § 4–306(b)(2) and (e)(2) of this subtitle; 22

(2) Hold an active license to practice dental hygiene in another state or in 23
the District of Columbia; 24

(3) Complete the continuing education requirements that the Board 25
establishes for a general license; 26

(4) Provide dental hygiene services exclusively in the manner described in 27
§ 4–308(g) of this subtitle; and 28

(5) Immediately upon ceasing to provide services exclusively in the manner 29
described in § 4–308(g) of this subtitle, surrender the volunteer license to the Board. 30

8 SENATE BILL 806

[(m)] (N) To qualify for a limited license to practice dentistry, the applicant shall 1
meet the requirements set forth in subsections (a), (b), (c), [and] (d), AND (E) of this section. 2

4–302.2. 3

(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 4
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 5
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 6

(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 7
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 8

(C) AS PART OF THE APPLIC ATION F OR A CRIMINAL HISTOR Y RECORDS 9
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 10
REPOSITORY: 11

(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 12
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 13
OF THE FEDERAL BUREAU OF INVESTIGATION; 14

(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 15
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 16
AND 17

(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 18
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 19

(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 20
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 21
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 22
INFORMATION. 23

(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 24
THIS SECTION: 25

(1) IS CONFIDENTIAL; 26

(2) MAY NOT BE REDISSEMINATED; AND 27

(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 28
BY THIS TITLE. 29

SENATE BILL 806 9

(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 1
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 2
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 3
THE CRIMINAL PROCEDURE ARTICLE. 4

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 5
CENTRAL REPOSITORY AFTER THE DATE OF TH E INITIAL CRIMINAL H ISTORY 6
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 7
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 8
INDIVIDUAL. 9

(H) ON RECEIPT OF THE CRIMINAL HISTORY RECORD INFORMATION OF AN 10
APPLICANT FOR LICENS URE OR CERTIFICATION FORWARDED TO THE BOARD IN 11
ACCORDANCE WITH THIS SECTION, IN DETERMINING WHETH ER TO GRANT A 12
LICENSE OR CERTIFICATE, THE BOARD SHALL CONSIDER: 13

(1) THE AGE AT WHICH THE CRIME WAS COMMITTED; 14

(2) THE CIRCUMSTANCES SURROUNDING THE CRIME; 15

(3) THE LENGTH OF TIME THAT HAS PASSED SINCE THE CRIME; 16

(4) SUBSEQUENT WORK HISTORY; 17

(5) EMPLOYMENT AND CHARACTER REFERENCES; AND 18

(6) OTHER EVIDENCE THAT D EMONSTRATES WHETHER THE 19
APPLICANT POSES A THREAT TO THE PUBLIC HEALTH OR SAFETY. 20

4–304. 21

(a) To apply for a license, an applicant shall: 22

(1) Submit an application to the Board on the form that the Board requires; 23
[and] 24

(2) SUBMIT TO A CRIMINAL HISTORY RECORDS CHEC K IN 25
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE; AND 26

(3) Pay to the Board an application fee set by the Board. 27

4–307. 28

10 SENATE BILL 806

(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

4–310. 4

(D) THE BOARD MAY NOT ISSUE A LICE NSE IF THE CRIMINAL HISTORY 5
RECORD INFORMATION R EQUIRED UNDER § 4–302.2 OF THIS SUBTITLE HAS NOT 6
BEEN RECEIVED. 7

4–311. 8

(A) The Board shall reinstate a general license to practice dentistry, a teacher’s 9
license to practice dentistry, a general license to practice dental hygiene, or a teacher’s 10
license to practice dental hygiene that is expired only if the licensee: 11

(1) Meets the renewal and reinstatement requirements set by rule and 12
regulation of the Board; and 13

(2) Pays to the Board a reinstatement fee set by the Board. 14

(B) (1) BEGINNING OCTOBER 1, 2027, THE BOARD SHALL REQUIRE A 15
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 4–302.2 OF THIS 16
SUBTITLE FOR: 17

(I) LICENSE RENEWAL APPLI CANTS AS DETERMINED BY 18
REGULATIONS ADOPTED BY THE BOARD; AND 19

(II) EACH FORMER LICENSEE WHO FILES FOR REINSTATEMENT 20
AFTER FAILING TO RENEW A LICENSE. 21

(2) THE BOARD MAY NOT RENEW O R REINSTATE A LICENS E IF THE 22
CRIMINAL HISTORY REC ORD INFORMATION REQU IRED UNDER § 4–302.2 OF THIS 23
SUBTITLE HAS NOT BEEN RECEIVED. 24

4–315. 25

(a) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 26
deny a general license to practice dentistry, a limited license to practice dentistry, or a 27
teacher’s license to practice dentistry to any appli cant, reprimand any licensed dentist, 28
place any licensed dentist on probation, or suspend or revoke the license of any licensed 29
dentist, if the applicant or licensee: 30

(37) Accepts or tenders rebates or splits fees in violation of § 4–103(c) of this 31
title; [or] 32
SENATE BILL 806 11

(38) Allows a dental assistant to assist in the practice of dentistry: 1

(i) In an unauthorized manner in violation of this title or 2
regulations adopted by the Board; 3

(ii) Without specifically instructing the certified dental assistant to 4
perform an intraoral procedure that the certified dental assistant is authorized to perform; 5
or 6

(iii) Failing to provide direct supervision of a dental assistant; OR 7

(39) FAILS TO SUBMIT TO A CRIMINAL HISTORY REC ORDS CHECK IN 8
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 9

(c) Subject to the hearing provisions of § 4 –318 of this subtitle, the Board may 10
deny a general license to practice dental hygiene, a teacher’s license to practice dental 11
hygiene, or a temporary license to practice dental hygiene to any applicant, reprimand any 12
licensed dental hygienist, place any licensed dental hygienist on probation, or suspend or 13
revoke the license of any licensed dental hygienist, if the applicant or licensee: 14

(19) Fails to comply with any Board order; [or] 15

(20) Willfully and without legal justification, fails to cooperate with a lawful 16
investigation conducted by the Board; OR 17

(21) FAILS TO SUBMIT TO A CRIMINAL HISTORY REC ORDS CHECK IN 18
ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 19

4–505. 20

(E) AN APPLICANT FOR A CERTIFICATE TO PRACTICE AS A DENTAL 21
RADIATION TECHNOLOGI ST SHALL SUBMIT TO A CRIMINAL HISTORY REC ORDS 22
CHECK IN ACCORDANCE WITH § 4–302.2 OF THIS SUBTITLE. 23

[(e)] (F) At least 1 month before a certificate expires, the Board shall send to 24
each certificate holder, by electronic means or first–class mail to the last known electronic 25
or physical address of the certificate holder, a renewal notice that states: 26

(1) The date on which the current certificate expires; 27

(2) The date by which the renewal a pplication must be received by the 28
Board for the renewal to be issued and mailed before the certificate expires; and 29

(3) The amount of the renewal fee. 30

12 SENATE BILL 806

[(f)] (G) An individual may be simultaneously certified as a dental radiation 1
technologist under this section and as an expanded function dental assistant. 2

(H) (1) BEGINNING OCTOBER 1, 2027, THE BOARD SHALL REQUIRE A 3
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 4–302.2 OF THIS 4
SUBTITLE FOR: 5

(I) CERTIFICATE RENEWAL A PPLICANTS AS DETERMI NED B Y 6
REGULATIONS ADOPTED BY THE BOARD; AND 7

(II) EACH FORMER CERTIFICA TE HOLDER WHO FILES FOR 8
REINSTATEMENT AFTER FAILING TO RENEW A CERTIFICATE. 9

(2) THE BOARD MAY NOT RENEW O R REINSTATE A CERTIF ICATE IF 10
THE CRIMINAL HISTORY RECORD INFORMATION R EQUIRED UNDER § 4–302.2 OF 11
THIS SUBTITLE HAS NOT BEEN RECEIVED. 12

5–302. 13

(d) The applicant for licensure as a dietitian–nutritionist shall: 14

(1) (i) 1. Have satisfactorily completed academic requirements for 15
the field of dietetics as approved by the Board; and 16

2. Have received at a minimum a baccalaureate degree from 17
a college or university accredited by an educational accrediting association as required by 18
the Commission on Dietetic Registration; or 19

(ii) Have received a master’s or doctoral degree from a college or 20
university accredited by an educational accrediting association recognized by the Council 21
on Higher Education and Accreditation in nutritional sciences (with emphasis in human 22
nutrition), food and nutrition, dietetics, human nutrition, commun ity nutrition, public 23
health nutrition, or equivalent training approved by the Board; 24

(2) Have satisfactorily completed a program of supervised clinical 25
experience approved by the Board; [and] 26

(3) (i) Submit to the Board proof of certification by the Board for 27
Certification of Nutrition Specialists; or 28

(ii) Submit to the Board proof of registration as a dietitian with the 29
Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; AND 30

(4) BEGINNING JULY 1, 2027, SUBMIT TO A C RIMINAL HISTORY 31
RECORDS CHECK IN ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 32
SENATE BILL 806 13

5–302.1. 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 UN DER § 10–221(B)(7) OF THE CRIMINAL 13
PROCEDURE ARTICLE FOR AC CESS 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 CONTENTS OF THE CRIMINAL HISTORY REC ORD 29
14 SENATE BILL 806

INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 1
THE CRIMINAL PROCEDURE ARTICLE. 2

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 3
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 4
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 5
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 6
INDIVIDUAL. 7

5–303. 8

(a) An applicant for a license shall: 9

(1) Submit an application to the Board on the form that the Board requires; 10

(2) Pay the application fee set by the Board; [and] 11

(3) Provide proof of passing an examination approved by the Board; AND 12

(4) BEGINNING JULY 1, 2027, SUBMIT TO A CRIMINAL HISTORY 13
RECORDS CHECK IN ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 14

5–308. 15

(F) AN INDIVIDUAL LICENSE D BEFORE JULY 1, 2027, SHALL PROVIDE 16
SATISFACTORY EVIDENCE OF A CRIMINAL HISTORY R ECORDS CHECK IN 17
ACCORDANCE WITH § 5–302.1 OF THIS TITLE FOR THE LICENSEE’S FIRST RENEWAL 18
AFTER JANUARY 1, 2028. 19

5–309. 20

(a) (1) The Board shall place a licensee on inactive status if the licensee: 21

(i) Submits to the Board an application for inactive status on the 22
form required by the Board; and 23

(ii) Pays to the Board the inactive status fee set by the Board. 24

(2) The Board shall reactivate th e license of an individual placed on 25
inactive status if the individual: 26

(i) Satisfies the continuing education requirements established by 27
the Board; [and] 28

(ii) Pays to the Board a reactivation fee set by the Board; AND 29
SENATE BILL 806 15

(III) SUBMITS TO A CRIMI NAL HISTORY RECORDS CHECK IN 1
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 2

(b) The Board, in accordance with its regulations, shall reinstate the license of an 3
individual who failed to renew a license for any reason if the individual: 4

(1) Otherwise is entitled to be licensed; 5

(2) Satisfies the continuing education requirements established by the 6
Board; 7

(3) Pays to the Board a reinstatement fee set by the Board; [and] 8

(4) Applies to the Board for reinstatement of a license within 5 years after 9
the expiration of the license; AND 10

(5) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 11
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 12

5–311. 13

Subject to the hearing provisions of § 5 –312 of this subtitle, the Board, on the 14
affirmative vote of a majority of its members then serving, may deny a license to any 15
applicant, reprimand any licensee, or suspend or revoke a license if the applicant or 16
licensee: 17

(1) Fraudulently or deceptively obtains or attempts to obtain a license for 18
the applicant or licensee or for another; 19

(2) Fraudulently or deceptively uses a license; 20

(3) Violates any provision of this title or any regulations adopted under this 21
title; 22

(4) Refuses, withholds from, denies, or discriminates against an individual 23
with regard to the prov ision of professional service for which the licensee is licensed and 24
qualified to render because the individual is HIV positive; 25

(5) Commits fraud or deceit in the practice of dietetics; 26

(6) Is convicted of or pleads nolo contendere to a felony or to a crime 27
involving moral turpitude, whether or not any appeal or other proceeding is pending to 28
have the conviction or plea set aside; 29

(7) Obtains or attempts to obtain a fee through fraud or misrepresentation; 30
16 SENATE BILL 806

(8) Employs any [person] INDIVIDUAL to practice dietetics whose license 1
or certificate to practice a health occupation under this article has been suspended; 2

(9) Uses or promotes or causes the use of any misleading, deceiving, or 3
untruthful advertising matter, or promotional literature, testimonial, guarantee, warranty, 4
label, brand, insignia, or other representation; 5

(10) Commits any act of unprofessional conduct, as defined by the rules and 6
regulations of the Board, or violates the code of ethics adopted by the Board; 7

(11) Provides professional services while: 8

(i) Under the influence of alcohol; or 9

(ii) Using any narcotic or controlled dangerous substance, as defined 10
in § 5 –101 of the Criminal Law Article, or other drug that is in excess of therapeutic 11
amounts or without valid medical indication; 12

(12) Is disciplined by a licensing or disciplinary authority of any other state 13
or country or convicted or disciplined by a court of any other state or country for an act that 14
would be grounds for disciplinary action under this section; 15

(13) Practices dietetics with an unauthorized [person] INDIVIDUAL or 16
supervises or aids an unauthorized [person] INDIVIDUAL in the practice of dietetics; 17

(14) Fails to file or record any report or record as required by law in the 18
practice of dietetics, impedes or obstructs the filing or recording of the report or record, or 19
induces another to fail to file or record the report or record; 20

(15) Submits a false statement to collect a fee; 21

(16) Is professionally, physically, or mentally incompetent; 22

(17) Promotes the sale of devices, appliances, or goods to a patient so as to 23
exploit the patient for financial gain; [or] 24

(18) Fails to cooperate with a lawful investigation conducted by the Board ; 25
OR 26

(19) FAILS TO SUBMIT TO A CRIMINAL HISTORY RECORDS CHEC K IN 27
ACCORDANCE WITH § 5–302.1 OF THIS SUBTITLE. 28

7–301.1. 29

SENATE BILL 806 17

(c) (1) In this subsection, “Central Repository” means the Criminal Justice 1
Information System Central Repository of the Department of Public Safety and 2
Correctional Services. 3

(2) As part of an application to the Central Repository for a State and 4
national criminal history records check, an applicant shall submit to the Central 5
Repository: 6

(i) A complete set of legible fingerprints taken [on forms ] IN A 7
FORMAT approved by the Director of the Central Repository and the Director of the Federal 8
Bureau of Investigation; 9

(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 10
Procedure Article for access to [State] MARYLAND criminal history records; and 11

(iii) The MANDATORY processing fee required by the Federal Bureau 12
of Investigation for a national criminal history records check. 13

(3) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 14
Procedure Article, the Central Repository shall forward to the Board and the applicant the 15
criminal history record information of the applicant. 16

(4) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 17
UNDER THIS SUBSECTION: 18

(I) IS CONFIDENTIAL; 19

(II) MAY NOT BE REDISSEMINATED; AND 20

(III) MAY BE USED ONLY FOR THE LICENSING PU RPOSE 21
AUTHORIZED BY THIS TITLE. 22

[(4)] (5) If an applicant has made three or more unsuccessful attempts at 23
securing legible fingerprints, the Board may accept an alternate method of a criminal 24
history records check as allowed by the Director of the Central Repository and the Director 25
of the Federal Bureau of Investigation. 26

[(5)] (6) The subject of a criminal history records check under this section 27
may contest the contents of the printed statement issued by the Central Repository a s 28
provided in § 10–223 of the Criminal Procedure Article. 29

(7) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO 30
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 31
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 32
18 SENATE BILL 806

THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 1
INDIVIDUAL. 2

8–302.2. 3

THE BOARD SHALL REQUIRE A CRIMINAL HISTORY REC ORDS CHECK IN 4
ACCORDANCE WITH § 8–303 OF THIS SUBTITLE FOR: 5

(1) APPLICANTS FOR CERTIF ICATION AS A FORENSI C NURSE 6
EXAMINER; 7

(2) APPLICANTS FOR C ERTIFICATION AS A WO RKERS’ 8
COMPENSATION CASE MANAGER; 9

(3) SELECTED ANNUAL RENEW AL APPLICANTS FOR CE RTIFICATION 10
AS A FORENSIC NURSE EXAMINER OR WORKERS’ COMPENSATION CASE MANAGER, AS 11
REQUIRED BY REGULATIONS ADOPTED BY THE BOARD; AND 12

(4) APPLICANTS FOR REINST ATEMENT AS A CERTIFI ED FORENSIC 13
NURSE EXAMINER OR WO RKERS’ COMPENSATION CASE MA NAGER, IF THE 14
APPLICANT FILES FOR REINSTATEMENT AFTER FAILING TO RENEW THE 15
CERTIFICATION FOR A PERIOD OF 1 YEAR OR MORE. 16

8–303. 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) [Two complete sets] A COMPLETE SET of legible fingerprints taken [on 22
forms] IN A FORMAT approved by the Director of the Central Repository and the Director 23
of the Federal 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 [10–228] 10–229 of the Criminal 29
Procedure Article, the Central Repository shall forward to the Board and to the applicant 30
the criminal history record information of the applicant. 31

SENATE BILL 806 19

(d) (1) If criminal history record information is reported to the Central 1
Repository after the date of the initial criminal history records check, the Central 2
Repository shall provide to the Board a revised printed statement of the individual’s State 3
criminal history record. 4

(2) The Board shall notify each applicant that: 5

(i) The applicant’s fingerprints will be retained by the Central 6
Repository; and 7

(ii) All new and additional criminal information will be reported to 8
the Board. 9

(3) The Board may enter into an agreement with the Central Repository 10
and the Federal Bureau of Investigation to carry out this subsection. 11

(e) If an applicant has made two or more unsuccessful attempts at securing 12
legible fingerprints, the Board may accept an alternate method of criminal history records 13
check as permitted by the Director of the Central Repository and the Director of the Federal 14
Bureau of Investigation. 15

(f) Information obtained from the Central Repository under this section [shall 16
be]: 17

(1) [Confidential and may] IS CONFIDENTIAL; 18

(2) MAY not be redisseminated; and 19

[(2)] (3) [Used] MAY BE USED only for the licensing purpose authorized 20
by this title. 21

(g) The subject of a criminal history records check under this section may contest 22
the contents of the printed statement issued by the Central Repository as provided in § 23
10–223 of the Criminal Procedure Article. 24

8–6A–05. 25

(c) (1) An applicant for a certificate shall: 26

(i) Submit [an application to the Board on the form that the Board 27
requires] TO A CRIMINAL HISTORY RECORDS CHECK IN A CCORDANCE WITH § 8–303 28
OF THIS TITLE; 29

(II) SUBMIT TO THE BOARD: 30

20 SENATE BILL 806

1. AN APPLICATION TO THE BOARD ON THE FORM THAT 1
THE BOARD REQUIRES; AND 2

2. WRITTEN VERIFICATION THAT THE REQUIREMENT IN 3
ITEM (I) OF THIS PARAGRAPH IS BEING OR HAS BEEN MET; 4

[(ii)] (III) Provide evidence, as required by the Board, of successful 5
completion of: 6

1. An approved nursing as sistant training program or 7
approved acute care nursing assistant training program; 8

2. An approved dialysis technician training program; 9

3. An approved course in medication administration; or 10

4. A portion of an approved nursing education pro gram that 11
the Board determines meets the requirements of an approved nursing assistant training 12
program or medication administration course; 13

[(iii)] (IV) Pay to the Board an application fee set by the Board; 14

[(iv)] (V) Be of good moral character; 15

[(v)] (VI) Be at least 16 years old to apply for certification as a 16
nursing assistant; 17

[(vi)] (VII) Be at least 18 years old to apply for certification as a 18
dialysis technician; and 19

[(vii)] (VIII) Be at least 18 years old to apply for certification as a 20
medication technician. 21

[(2) Subject to paragraph (1) of this subsection, an applicant for certification 22
as a certified nursing assistant or dialysis technician shall submit to the Board: 23

(i) A criminal history records check in acc ordance with § 8 –303 of 24
this title and § 8–6A–08(k) of this subtitle; and 25

(ii) On the form required by the Board, written, verified evidence 26
that the requirement of item (i) of this paragraph is being met or has been met.] 27

[(3)] (2) (i) An applicant for certification as a certified nursing 28
assistant shall submit to the Board satisfactory evidence of passing a nursing assistant 29
competency evaluation. 30

SENATE BILL 806 21

(ii) An applicant who has completed an approved acute care nursing 1
assistant training program shal l be deemed to have fulfilled the classroom and clinical 2
standards to sit for the nursing assistant competency evaluation. 3

[(4)] (3) An applicant for a certificate may not: 4

(i) Have committed any act or omission that would be grounds for 5
discipline or denial of certification under this subtitle; and 6

(ii) Have a record of abuse, negligence, misappropriation of a 7
resident’s property, or any disciplinary action taken or pending in any other state or 8
territory of the United States against the certifi cation of the nursing assistant or 9
medication technician in the state or territory. 10

[(5)] (4) Beginning October 1, 2025, a certified nursing assistant –II may 11
be certified as a certified nursing assistant–I by: 12

(i) Submitting an application to the Board on the form that the 13
Board requires; and 14

(ii) Providing satisfactory evidence of: 15

1. Successful completion of an approved nursing assistant 16
training program; and 17

2. Passing a nursing assistant competency evaluation. 18

8–6A–08. 19

(b) (1) At least 3 months before a certificate expires, the Board shall send a 20
renewal notice to the certificate holder by: 21

(i) First–class mail to the last known mailing address of the 22
certificate holder; or 23

(ii) Electronic means to the last known electro nic address of the 24
certificate holder. 25

(2) A renewal notice shall state: 26

(i) The date on which the current certificate expires; 27

(ii) The date by which the renewal application must be received by 28
the Board for the renewal to be issued and mailed before the certificate expires; and 29

(iii) The amount of the renewal fee. 30

22 SENATE BILL 806

(3) If a [nursing assistant or dialysis technician ] CERTIFICATE HOLDER 1
is required to have a criminal history records check before a certificate may be renewed, 2
the Board shall send the [nursing assistant or dialysis technician] CERTIFICATE HOLDER 3
the documents necessary for initiating the criminal history records check in conjunction 4
with the renewal notice required under paragraph (1) of this subsection. 5

(l) (1) (i) The Boar d shall require criminal history records checks in 6
accordance with § 8–303 of this title on: 7

1. Selected applicants for certification as a certified nursing 8
assistant, MEDICATION TECHNICIAN, or dialysis technician who renew their certificates 9
every 2 years as determined by regulations adopted by the Board; and 10

2. Each former certified nursing assistant , MEDICATION 11
TECHNICIAN, or dialysis technician who files for reinstatement under subsection (h) of this 12
section after failing to renew the certificate for a period of 1 year or more. 13

(ii) An additional criminal history records check shall be performed 14
every 12 years thereafter. 15

11–308. 16

(D) (1) BEGINNING AUGUST 1, 2026, THE BOARD SHALL REQUIRE A 17
CRIMINAL HISTORY REC ORDS CHECK IN ACCORD ANCE WITH § 11–302.1 OF THIS 18
SUBTITLE FOR: 19

(I) LICENSE RENEWAL APPLI CANTS AS DETERMINED BY 20
REGULATIONS ADOPTED BY THE BOARD; AND 21

(II) EACH FORMER LICENSEE WHO FILES FOR REINSTATEMENT 22
AFTER FAILING TO RENEW A LICENSE. 23

(2) THE BOARD MAY NOT RENEW O R REINSTATE A LICENSE IF THE 24
CRIMINAL HISTORY RECORD INFORMATION REQUIRED UNDER § 11–302.1 OF THIS 25
SUBTITLE HAS NOT BEEN RECEIVED. 26

[(d)] (E) The Board shall renew the license of and issue a renewal certificate to 27
each licensee who meets the requirements of this section. 28

[(e)] (F) If an optometrist does not renew a license before its expiration date, the 29
Board shall send to the optometrist a notice stating that the license will expire 30 days 30
after the notice is sent unless the optometrist applies for renewal within the grace period. 31

11–310. 32

SENATE BILL 806 23

(a) (1) The Board shall place a licensee on inactive status, if the licensee 1
submits to the Board: 2

(i) An application for inactive status on the form required by the 3
Board; and 4

(ii) The inactive status fee set by the Board. 5

(2) The Board shall issue a license to an individual who is on inactive status 6
if the individual: 7

(i) Meets any continuing education requirements set by the Board; 8
[and] 9

(ii) Pays to the Board the reinstatement fee set by the Board; AND 10

(III) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 11
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE. 12

(b) The Board may reinstate the license of an optometrist whose license has been 13
expired for less than 5 years and who has not been put on inactive status, if the optometrist: 14

(1) Has met the continuing education requirements set by the Board; 15

(2) Meets the renewal requirements of § 11–308 of this subtitle; [and] 16

(3) Pays to the Board the reinstatement fee set by the Board; AND 17

(4) SUBMITS TO A CRIMINAL HISTOR Y RECORDS CHECK IN 18
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE. 19

(c) The Board may not reinstate the license of an optometrist whose license has 20
been expired for 5 years or more and who has not been put on inactive status, unless the 21
optometrist: 22

(1) Passes [an] ALL PARTS OF ANY examination [administered] 23
REQUIRED by the Board; [and] 24

(2) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 25
ACCORDANCE WITH § 11–302.1 OF THIS SUBTITLE; AND 26

[(2)] (3) Otherwise meets the requirements of subsection (b) of this 27
section. 28

24 SENATE BILL 806

(D) THE BOARD MAY REACTIVATE A LICENSEE ON INACTIVE STATUS ONLY 1
IF THE LICENSEE ATTE STS THAT THE LICENSE E HAS SUBMITTED TO A CRIMINAL 2
HISTORY RECORDS CHECK UNDER § 11–302.1 OF THIS SUBTITLE. 3

12–302. 4

(D) THE APPLICANT SHALL SUBMIT TO A CR IMINAL HISTORY RECOR DS 5
CHECK IN ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 6

[(d)] (E) The applicant shall: 7

(1) Be a graduate of a school or college of pharmacy that is approved by the 8
Board or accredited by the American Council on Pharmaceutical Education; and 9

(2) Have completed the professional experience program that the Board 10
requires. 11

[(e)] (F) Except as otherwise provided in this title, the applicant shall pass an 12
examination given by the Board under this subtitle. 13

[(f)] (G) (1) In this subsection, “foreign school or college of pharmacy” means 14
a school or college of pharmacy that is not located in any state in the United States. 15

(2) The Board may waive the requirements of subsection [(d)(1)] (E)(1) of 16
this section for an applicant who is a graduate of a foreign school or college of pharmacy, 17
provided that the applicant passes an examination approved by the Board in addition to 18
the examinations otherwise given by the Board under this subtitle. 19

[(g)] (H) (1) Except as otherwise provided in this subsection, the Board shall 20
require, as part of its examination or licensing procedures, an applicant for a license to 21
practice pharmacy to demonstrate an oral competency in the English language by passing 22
a Board approved standardized test of oral competency. 23

(2) The Board shall adopt regulations that establish a procedure for testing 24
an individual who because of the individual’s speech or hearing impairment is unable to 25
complete satisfactorily a Board approved standardized test of oral competency. 26

(3) If any disciplinary charge or action that relates to a problem with the 27
oral communication of the English language is brought against a licensee under this title, 28
the Board shall require the licensee to pass a Board approved s tandardized test of oral 29
competency. 30

(4) The Board may not require an applicant for a license to practice 31
pharmacy, who is or was previously licensed in another state to practice pharmacy, to 32
demonstrate an oral competency in the English language, if th e other state’s examination 33
SENATE BILL 806 25

and licensing procedures at the time the applicant was licensed in the other state included 1
an oral competency component. 2

(5) Graduation from a recognized English –speaking professional school 3
accredited by the Accreditation C ouncil for Pharmacy Education is acceptable as proof of 4
proficiency in the oral communication of the English language under this subsection. 5

12–302.1. 6

(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 7
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 8
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 9

(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 10
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 11

(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 12
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 13
REPOSITORY: 14

(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 15
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 16
OF THE FEDERAL BUREAU OF INVESTIGATION; 17

(2) THE FEE AUTHORIZED UNDER § 10–221(B)(7) OF THE CRIMINAL 18
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 19
AND 20

(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 21
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 22

(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 23
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 24
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 25
INFORMATION. 26

(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 27
THIS SECTION: 28

(1) IS CONFIDENTIAL; 29

(2) MAY NOT BE REDISSEMINATED; AND 30

26 SENATE BILL 806

(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 1
BY THIS TITLE. 2

(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 3
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HIST ORY RECORD 4
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 5
THE CRIMINAL PROCEDURE ARTICLE. 6

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 7
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 8
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 9
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 10
INDIVIDUAL. 11

12–303. 12

(a) To apply for a license, an applicant shall: 13

(1) Submit an application to the Board on the form that the Board requires; 14
[and] 15

(2) Pay the application fees set by the Board; AND 16

(3) SUBMIT TO A CRIMINAL HISTORY RECORDS CHEC K IN 17
ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 18

12–306. 19

(A) The Board shall issue a license to any applicant who meets the requirements 20
of this title. 21

(B) (1) ON RECEIPT OF THE CRI MINAL HISTORY RECORD INFORMATION 22
OF AN APPLICANT FOR LICENSURE FORWARDED TO THE BOARD IN ACCORDANCE 23
WITH § 12–302.1 OF THIS SUBTITLE , IN DETERMIN ING WHETHER TO GRANT A 24
LICENSE, THE BOARD SHALL CONSIDER: 25

(I) THE AGE AT WHICH THE CRIME WAS COMMITTED; 26

(II) THE CIRCUMSTANCES SURROUNDING THE CRIME; 27

(III) THE LENGTH OF TIME THAT HAS PASSED SINCE THE CRIME; 28

(IV) SUBSEQUENT WORK HISTORY; 29

SENATE BILL 806 27

(V) EMPLOYMENT AND CHARACTER REFERENCES; AND 1

(VI) OTHER EVIDENCE THAT D EMONSTRATES WHETHER THE 2
APPLICANT POSES A THREAT TO THE PUBLIC HEALTH OR SAFETY. 3

(2) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMINAL HISTORY 4
RECORD INFORMATION REQUIRED UNDER § 12–302.1 OF THIS SUBTITLE HAS NOT 5
BEEN RECEIVED. 6

12–308. 7

(D) BEGINNING JULY 1, 2027, THE BOARD SHALL REQUIRE ALL LICENSEES 8
WHO WERE INITIALLY L ICENSED WITHOUT A CR IMINAL HISTORY RECORDS CHECK 9
TO SUBMIT TO A CRIMI NAL HISTORY RECORDS CHECK IN ACCORDANC E WITH § 10
12–302.1 OF THIS SUBTITLE ON RENEWAL AS SET FORTH IN REGULATIONS ADOPTED 11
BY THE BOARD. 12

[(d)] (E) The Board shall renew the license of and issue a renewal certificate to 13
each licensee who meets the requirements of this section. 14

12–310. 15

(b) The Board shall reinstate the license of a pharmacist whose license has been 16
expired for 2 years or more if the pharmacist: 17

(1) Meets the reinstatement requirements established by the Board in its 18
rules or regulations; [and] 19

(2) Satisfies the requirements of subsection (a) of this section; AND 20

(3) SUBMITS TO A CRIMINAL HISTORY RECORDS CHEC K IN 21
ACCORDANCE WITH § 12–302.1 OF THIS SUBTITLE. 22

12–6B–02.1. 23

(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 24
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 25
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 26

(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 27
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 28

28 SENATE BILL 806

(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 1
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 2
REPOSITORY: 3

(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 4
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 5
OF THE FEDERAL BUREAU OF INVESTIGATION; 6

(2) THE FEE AUTHORIZED UNDER § 10–221(B)(7) OF THE CRIMINAL 7
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 8
AND 9

(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 10
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 11

(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 12
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 13
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 14
INFORMATION. 15

(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 16
THIS SECTION: 17

(1) IS CONFIDENTIAL; 18

(2) MAY NOT BE REDISSEMINATED; AND 19

(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 20
BY THIS TITLE. 21

(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 22
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HIST ORY RECORD 23
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 24
THE CRIMINAL PROCEDURE ARTICLE. 25

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 26
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 27
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 28
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 29
INDIVIDUAL. 30

12–6C–05.1. 31

SENATE BILL 806 29

(a) (1) In this subsection, “Central Repository” means the Criminal Justice 1
Information System Central Repository of the Department of Public Safety and 2
Correctional Services. 3

(2) This subsection applies to applicants located in the State. 4

(3) As part of an application to the Central Repository for a State and 5
national criminal history records check, the designated representative and the immediate 6
supervisor of the designated representative of an applicant shall submit to the Central 7
Repository: 8

(i) [Two complete sets ] A COMPLETE SET of legible fingerprints 9
taken [on forms ] IN A FORMAT approved by the [director] DIRECTOR of the Central 10
Repository and the Director of the Federal Bureau of Investigation; 11

(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 12
Procedure Article for access to [State] MARYLAND criminal history records; and 13

(iii) The MANDATORY processing fee required by the Federal Bureau 14
of Investigation for a national criminal history records check. 15

(4) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 16
Procedure Article, the Cen tral Repository shall forward the criminal history records 17
information of the designated representative and the immediate supervisor of the 18
designated representative of an applicant to the Board and the applicant. 19

(5) [The Board shall ensure that inform ation] INFORMATION obtained 20
from the Central Repository under this subsection: 21

(i) Is [kept] confidential; 22

(ii) [Is] MAY not BE redisseminated; and 23

(iii) [Is] MAY BE used only for the permitting purpose authorized by 24
this subtitle. 25

(6) The subject of a criminal history records check under this subsection 26
may contest the contents of the [printed statement ] CRIMINAL HISTORY REC ORDS 27
INFORMATION issued by the Central Repository as provided in § 10 –223 of the Criminal 28
Procedure Article. 29

(7) IF CRIMINAL HISTORY REC ORD INFORMATION IS R EPORTED TO 30
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 31
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 32
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 33
INDIVIDUAL. 34
30 SENATE BILL 806

12–6C–06. 1

(b) (1) Except as provided in paragraph (2) of this subsection, at least 1 month 2
before a wholesale distributor permit expires, the Board shall send to the wholesale 3
distributor permit holder a renewal notice by electronic means t o the last known e –mail 4
address of the permit holder. 5

(2) If requested by a wholesale distributor permit holder, the Board shall 6
send to the permit holder a renewal notice by first–class mail to the last known address of 7
the permit holder. 8

(3) If a renewal notice sent by electronic means under paragraph (1) of this 9
subsection is returned to the Board as undeliverable, the Board shall send to the wholesale 10
distributor permit holder a renewal notice by first–class mail to the last known address of 11
the permit holder. 12

(4) A renewal notice sent under this subsection shall state: 13

(i) The date on which the current wholesale distributor permit 14
expires; 15

(ii) The date by which the renewal application must be received by 16
the Board for the renewal to be issued and mailed before the current wholesale distributor 17
permit expires; and 18

(iii) The amount of the renewal fee. 19

(5) Before a wholesale distributor permit expires, a wholesale distributor 20
permit holder periodically may renew it for an additional 2–year term, if the wholesale 21
distributor permit holder: 22

(i) Otherwise is entitled to a wholesale distributor permit; 23

(ii) Pays to the Board a renewal fee set by the Board; and 24

(iii) Submits to the Board a renewal application on the form that the 25
Board requires. 26

(6) (i) The renewal application form shall set forth the information that 27
the wholesale distributor provided under § 12–6C–05 of this subtitle. 28

(ii) Within 30 days after receiving the form, the wholesale 29
distributor shall identify and state under oath to the Board all changes or corrections to the 30
information that was provided under § 12–6C–05 of this subtitle. 31

SENATE BILL 806 31

(7) The Board shall renew the wholesale distributor permit of a wholesale 1
distributor permit holder who meets the requirements of this subtitle and any regulations 2
adopted under this subtitle. 3

(8) IF A WHOLESALE DISTRIBUTOR IS LOCATED OUTSIDE THE STATE, 4
THE DESIGNATED REPRE SENTATIVE AND IMMEDI ATE SUPERVISOR OF TH E 5
DESIGNATED REPRESENT ATIVE OF THE PERMIT HOLDER SHALL SU BMIT TO A 6
CRIMINAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 12–6C–05.1 OF THIS 7
SUBTITLE BEFORE THE PERMIT MAY BE RENEWED. 8

[(8)] (9) The Board may deny, suspend, or revoke the permit of a 9
wholesale distributor if the Board determines that the wholesale distributor no longer 10
qualifies for a permit. 11

12–6D–03. 12

(b) An applicant shall submit a request for a State AND NATIONAL criminal 13
history records check in accordance with § 12–6D–04 of this subtitle. 14

(c) The Board may not approve an application until the State AND NATIONAL 15
criminal history records check is completed. 16

12–6D–04. 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, the applicant shall submit to the Central Repository: 21

(1) [Two complete sets] A COMPLETE SET of legible fingerprints taken [on 22
forms] IN A FORMAT approved by the [director] DIRECTOR of the Central Repository AND 23
THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION; [and] 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 27
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 28

(c) In accordance with §§ 10 –201 through [10–228] 10–229 of th e Criminal 29
Procedure Article, the Central Repository shall forward [the criminal history records 30
information of the applicant ] to the Board and the [applicant] INDIVIDUAL THE 31
INDIVIDUAL’S CRIMINAL HISTORY RECORD INFORMATION. 32

32 SENATE BILL 806

(d) [The Board shall ensure that information] INFORMATION obtained from the 1
Central Repository under this [subsection] SECTION: 2

(1) Is [kept] confidential; 3

(2) [Is] MAY not BE redisseminated; and 4

(3) [Is] MAY BE used only for the registration purpose authorized by this 5
subtitle. 6

(e) The subject of a criminal history records check under this subsection may 7
contest the contents of the printed statement issued by the Central Repository as provided 8
in § 10–223 of the Criminal Procedure Article. 9

(F) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 10
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 11
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 12
THE INDIVIDUAL REVIS ED CR IMINAL HISTORY RECOR D INFORMATION FOR TH E 13
INDIVIDUAL. 14

13–302.1. 15

(a) In this section, “Central Repository” means the Criminal Justice Information 16
System Central Repository of the Department of Public Safety and Correctional Services. 17

(b) As part of an application to the Central Repository for a State and national 18
criminal history records check, an applicant shall submit to the Central Repository: 19

(1) [Two] A complete [sets] SET of legible fingerprints taken [on forms] IN 20
A FORMAT approved by the Dire ctor of the Central Repository and the Director of the 21
Federal Bureau of Investigation; 22

(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 23
Article for access to [State] MARYLAND criminal history records; and 24

(3) The MANDATORY processing fee required by the Federal Bureau of 25
Investigation for a national criminal history records check. 26

(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 27
Procedure Article, the Central Repository shall forward to the Board and to the applicant 28
the criminal history record information of the applicant. 29

(d) If an applicant has made three or more unsuccessful attempts at securing 30
legible fingerprints, the Board may accept an alternate method of a criminal history records 31
check as permitted by the Director of the Central Repository and the Director of the Federal 32
Bureau of Investigation. 33
SENATE BILL 806 33

(e) Information obtained from the Central Repository under this section: 1

(1) Is confidential [and may]; 2

(2) MAY not be redisseminated; and 3

[(2)] (3) May be used only for the licensing purpose authorized by this 4
title. 5

(f) The subject of a criminal history records check under this section may contest 6
the contents of the printed statement issued by the Central Repository as provided in § 7
10–223 of the Criminal Procedure Article. 8

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 9
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 10
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 11
THE INDIVIDUAL RE VISED CRIMINAL HISTO RY RECORD INFORMATIO N FOR THE 12
INDIVIDUAL. 13

13–311. 14

(E) BEGINNING JULY 1, 2027, THE BOARD SHALL REQUIRE ALL LICENSEES 15
WHO WERE INITIALLY L ICENSED WITHOUT A CR IMINAL HISTORY RECORDS CHECK 16
TO SUBMIT TO A CRIMI NAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 17
13–302.1 OF THIS SUBTITLE ON RENEWAL AS SET FORTH IN REGULATIONS ADOPTED 18
BY THE BOARD. 19

[(e)] (F) The Board shall renew the license of each licensee who meets the 20
requirements of this section. 21

16–302.1. 22

(a) In this section, “Central Repository” means the Criminal Justice Information 23
System Central Repository of the Department of Public Safety and Correctional Services. 24

(b) As part of an application to the Central Repository for a State and national 25
criminal history records check, an applicant shall submit to the Central Repository: 26

(1) [One] A complete set of legible fingerprints taken in a [manner] 27
FORMAT approved by the Director of the Central Repository and the Director of the Federal 28
Bureau of Investigation; 29

(2) The fee au thorized under § 10 –221(b)(7) of the Criminal Procedure 30
Article for access to [State] MARYLAND criminal history records; and 31
34 SENATE BILL 806

(3) The MANDATORY processing fee required by the Federal Bureau of 1
Investigation for a national criminal history records check. 2

(c) In accordance with §§ 10 –201 through 10 –229 of the Criminal Procedure 3
Article, the Central Repository shall forward to the Board and the applicant the criminal 4
history record information of the applicant. 5

(d) Information obtained from the Central Repository under this section: 6

(1) Is confidential; 7

(2) May not be redisseminated; and 8

(3) [Shall] MAY be used only for the licensing purpose authorized by this 9
title. 10

(e) The subject of a criminal history records check under this section may contest 11
the contents of the printed statement issued by the Central Repository as provided in § 12
10–223 of the Criminal Procedure Article. 13

(F) IF CRIMINAL HISTORY R ECORD INFORMATION I S REPORTED TO THE 14
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 15
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 16
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 17
INDIVIDUAL. 18

18–302.1. 19

(a) In this section, “Central Repository” means the Criminal Justice Information 20
System Central Repository of the Department of Public Safety and Correctional Services. 21

(b) As part of an application to the Central Repository for a State and national 22
criminal history records check, an applicant shall submit to the Central Repository: 23

(1) [Two] A complete [sets] SET of legible fingerprints taken [on forms] IN 24
A FORMAT approved by the Director of the Central Repository and the Director of the 25
Federal Bureau of Investigation; 26

(2) The fee authorized under § 10 –221(b)(7) of the Criminal Procedure 27
Article for access to [State] MARYLAND criminal history records; and 28

(3) The MANDATORY processing fee required by the Federal Bureau of 29
Investigation for a national criminal history records check. 30

SENATE BILL 806 35

(c) In accordance with §§ 10 –201 through [10–228] 10–229 of the Criminal 1
Procedure Article, the Central Repository shall forward to the Board and the applicant the 2
criminal history record information of the applicant. 3

(d) If an applicant has made three or more unsuccessful attempts at securing 4
legible fingerprints, the Board may accept an alternate method of a criminal history records 5
check as allowed by the Director of the Central Repository and the Director of the Federal 6
Bureau of Investigation. 7

(e) Information obtained from the Central Repository under this section: 8

(1) [Shall be] IS confidential; 9

(2) May not be redisseminated; and 10

(3) [Shall] MAY be used only for the licensing purpose authorized by this 11
title. 12

(f) The subject of a criminal history records check under this section may contest 13
the contents of the printed statement issued by the Central Repository as provided in § 14
10–223 of the Criminal Procedure Article. 15

(G) IF CRIMINAL HISTORY R ECORD INFORMAT ION IS REPORTED TO T HE 16
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 17
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 18
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 19
INDIVIDUAL. 20

18–309. 21

[(h) (1) (i) Beginning March 2019, the Board shall begin a process requiring 22
criminal history records checks in accordance with § 18–302.1 of this subtitle on: 23

1. Selected annual renewal applicants as determined by 24
regulations adopted by the Board; and 25

2. Each former licensee or registrant who files for 26
reinstatement under § 18 –310 of this subtitle after failing to renew the license or 27
registration for a period of 1 year or more. 28

(ii) An additional criminal history records check shall be performed: 29

1. 6 years after a renewal applicant submitted to a criminal 30
history records check under § 18–302(e) of this subtitle; and 31

36 SENATE BILL 806

2. Every 6 years after a renewal applicant was required to 1
submit to a criminal history records check under subparagraph (i)1 of this paragraph. 2

(2) On receipt of the criminal history record information of a licensee 3
forwarded to the Board in accordance with § 18 –302.1 of this subtitle, in determining 4
whether to renew a license or registration, the Board shall consider: 5

(i) The age at which the crime was committed; 6

(ii) The circumstances surrounding the crime; 7

(iii) The length of time that has passed since the crime; 8

(iv) Subsequent work history; 9

(v) Employment and character references; and 10

(vi) Other evidence that demonstrates whether the licensee poses a 11
threat to the public health or safety. 12

(3) The Board may not renew a license or registration if the criminal 13
history record information required under § 18–302.1 of this subtitle has not been received.] 14

20–303. 15

(b) (1) As part of the application for a criminal history records check, the 16
applicant shall submit to the Central Repository: 17

(i) A COMPLETE SET OF legible [set of ] fingerprints taken in a 18
format approved by the Director of the Central Repository and the Director of the Federal 19
Bureau of Investigation; 20

(ii) The fee authorized under § 10 –221(b)(7) of the Criminal 21
Procedure Article for access to [State] MARYLAND criminal history records; and 22

(iii) The MANDATORY processing fee required by the Federal Bureau 23
of Investigation for a national criminal history records check. 24

(2) In accordance with §§ 10–201 through [10–228] 10–229 of the Criminal 25
Procedure Article, the Central Repository shall forward to the applicant and the Board the 26
applicant’s criminal history records information. 27

(3) Information obtained from the Central Repository under this 28
subsection: 29

(i) Is confidential [and may]; 30
SENATE BILL 806 37

(II) MAY not be redisseminated; and 1

[(ii)] (III) May be used only for the certification purpose authorized 2
by this subtitle. 3

(4) The subject of a criminal history records check under this subsection 4
may contest the contents of the printed statement issued b y the Central Repository as 5
provided in § 10–223 of the Criminal Procedure Article. 6

(5) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO 7
THE CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 8
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 9
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 10
INDIVIDUAL. 11

21–302. 12

To obtain a license, an applicant shall demonstrate to the satisfaction of the Board 13
that the applicant: 14

(1) Is at least 18 years old; 15

(2) Is of good moral character; 16

(3) Has satisfied the education and experience requirements to qualify for 17
examination under § 21–304 of this subtitle; [and] 18

(4) Except as otherwise provided in this title, has successfully passed an 19
examination as required by the Board; AND 20

(5) BEGINNING JULY 1, 2027, HAS SUBMITTED TO A CRIMI NAL 21
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE. 22

21–302.1. 23

(A) IN THIS SECTION , “CENTRAL REPOSITORY” MEANS THE CRIMINAL 24
JUSTICE INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF 25
PUBLIC SAFETY AND CORRECTIONAL SERVICES. 26

(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 27
STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECK. 28

38 SENATE BILL 806

(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 1
CHECK, AN APPLICANT SHALL C OMPLETE AND SUBMIT T O THE CENTRAL 2
REPOSITORY: 3

(1) A COMPLETE SET OF LEGIBLE FINGERPRINTS TAKEN IN A FORMAT 4
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 5
OF THE FEDERAL BUREAU OF INVESTIGATION; 6

(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 7
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS; 8
AND 9

(3) THE MANDATORY PROCESSING FEE REQUIRED BY THE FEDERAL 10
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. 11

(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 12
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 13
BOARD AND THE INDIVID UAL THE INDIVIDUAL ’S CRIMINAL HISTORY R ECORD 14
INFORMATION. 15

(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 16
THIS SECTION: 17

(1) IS CONFIDENTIAL; 18

(2) MAY NOT BE REDISSEMINATED; AND 19

(3) MAY BE USED ONLY FOR THE LICENSING PURPOSE AUTHORIZED 20
BY THIS TITLE. 21

(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 22
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HIST ORY RECORD 23
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10–223 OF 24
THE CRIMINAL PROCEDURE ARTICLE. 25

(G) IF CRIMINAL HISTORY R ECORD INFORMATION IS REPORTED TO THE 26
CENTRAL REPOSITORY AFTER THE DATE OF THE INITIAL CRIMINAL HISTORY 27
RECORDS CHECK, THE CENTRAL REPOSITORY SHALL PROVIDE TO THE BOARD AND 28
THE INDIVIDUAL REVIS ED CRIMINAL HISTORY RECORD INFORMATION F OR THE 29
INDIVIDUAL. 30

21–307. 31

SENATE BILL 806 39

(a) The Board shall license and issue the appropriate licensure to any applicant 1
who meets the requirements of this title. 2

(b) The Board shall include on each license that it issues: 3

(1) The designation “licensed environmental health specialist”; 4

(2) The name of the license holder; 5

(3) The date of issue and serial number of the license; 6

(4) The Board seal; and 7

(5) The signature of the Board’s representative. 8

(c) The Board shall issue a new license to replace a lost, destroyed, or mutilated 9
license if the license holder pays a fee that is set by the Board. 10

(D) THE BOARD MAY NOT ISSUE A LICENSE IF THE CRIMI NAL HISTORY 11
RECORD INFORMATION REQUIRED UNDER § 21–302 OF THIS TITLE HAS NOT BEEN 12
RECEIVED. 13

21–309. 14

(c) Before the license expires, the licensee may renew it for an additional 2 –year 15
term, if the licensee: 16

(1) Otherwise is entitled to be licensed; 17

(2) Pays to the Board the renewal fee set by the Board; 18

(3) Submits to the Board a renewal application on the form that the Board 19
requires; [and] 20

(4) Submits to the Board proof that during the previous 2–year period, the 21
licensee has acquired 20 hours of approved training in environmental health or other 22
equivalent education as approved by the Board; AND 23

(5) IF LICENSED BEFORE JULY 1, 2027, SUBMITS SATISFACTORY 24
EVIDENCE OF SUBMITTI NG TO A CRI MINAL HISTORY RECORD S CHECK IN 25
ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE FOR THE LICENSEE ’S FIRST 26
RENEWAL AFTER JULY 1, 2027. 27

21–310. 28

40 SENATE BILL 806

(D) BEGINNING JULY 1, 2027, A LICENSED ENVIRONMENT AL HEALTH 1
SPECIALIST APPLYING FOR THE REACTIVATION OF AN INACTIVE O R NONRENEWED 2
LICENSE SHALL SUBMIT SATISFACTORY EVIDENCE OF SUBMITTING TO A CRIMINAL 3
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 21–302.1 OF THIS SUBTITLE. 4

(E) THE BOARD MAY NOT REACTIV ATE A LICENSE IF THE CRIMINAL 5
HISTORY RECORD INFORMATION HAS NOT BEEN RECEIVED. 6

21–315. 7

(A) The Board, on the affirmative vote of a majority of its full appointed 8
membership, may reinstate the license of an individual whose license has been revoked. 9

(B) BEGINNING JULY 1, 2027, AN INDIVIDUAL APPLYI NG FOR 10
REINSTATEMENT OF A REVOKED LICENSE SHALL SUBMIT SATISFACTORY EVIDENCE 11
OF SUBMITTING TO A CRIMINAL HISTORY RECORDS CHECK IN ACCORDANCE WITH § 12
21–302.1 OF THIS SUBTITLE. 13

(C) THE BOARD MAY NOT REINSTATE A LICENSE IF THE CRIMINAL HISTORY 14
RECORD INFORMATION HAS NOT BEEN RECEIVED. 15

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 16
1, 2026. 17

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.