Legislative Hotline
2006 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 3����������������������������������������������������������������������������������������������� February 1, 2006
Here are some of the hot issues as the 2006
Legislative Session develops:
STATE OF THE
STATE ADDRESS
STEM CELL HEARINGS
DR. CORNWELL
HONORED WITH THE SPEAKER’S MEDALLION
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
�State
of the State Address
The Governor delivered his last state
of the state address, before seeking re-election, to a joint session of the
legislature on Thursday, January 27th.� The speech focused on accomplishments in
education, business development and the environment, emphasizing that the state
is strong and prosperous.
The Governor also outlined his
legislative agenda calling on the legislature to pass proposals to increase
higher education funding, provide funding for stem cell research, and to
tighten control on paroled sex offenders.�
He also called for the exemption of veterans' pensions from the income
tax and the legalization of slot machines.
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On
January 25th, House and Senate Committees held hearings on companion
stem cell bills.� Both bills would
provide $25 million a year for five years to support stem cell research, and establish
a Maryland Scientific Peer Review Committee and a Stem Cell Research Commission
to administer the fund.� The
The
primary technical and scientific testimony in support of the bills was provided
by Johns Hopkins stem cell researchers Dr. Curt Civin
and Dr. John Gearhart, who urged legislators to support vital research that has
limited access to Federal funding.� They
stressed that the National Institutes of Health spend about $300 million a year
on adult stem cell research, but only $22 million a year on embryonic stem cell
research; this money can only be applied to a restricted set of cell lines. The
two bills provide that state support would not be restricted to the federal
stem cell lines.
Other
witnesses at the hearings included representatives of the biotech community and
patient advocacy organizations.� Opposing
the bills were members of conservative religious groups.
The
two bills will be debated in the House and Senate during the next two weeks,
and will likely come to a vote quickly.�
The Senate bill was voted favorably by the Education Health and
Environmental Affairs Committee on Friday, January 27th.� The Senate bill must still be voted on by the
Budget & Taxation Committee as well.�
Debate on the issue has been heated, and the fate of the bills remains
too close to call.� Last year, a similar
measure passed in the House but failed to come to a vote in the Senate after
threat of a filibuster.�
Governor Ehrlich visited The Johns Hopkins Hospital
on January 27th to highlight his fiscal year 2007 health, science
and technology budget.� The
Governor’s announcement did not differ from that which he made two weeks
ago at the
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Dr.
Cornwell Honored with the Speaker’s Medallion
On February 1st, Dr. Eddie Cornwell, Chief
of Adult Trauma for the
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BILLS INTRODUCED
Economic Development
hb0044� Eminent Domain - Condemnation Proceedings and
Limitation on Condemnation Authority
House Bill 44 proposes an amendment to the Maryland
Constitution that would prohibit the condemnation of private property for
economic development purposes if the property is intended to be transferred to
a private person.� The bill requires that
the issue of a condemnor's right to condemn in a condemnation proceeding be
tried by a jury unless the parties elect otherwise.� Being a constitutional amendment, the bill
will be put before the voters in Maryland for adoption or rejection.
Effective
Date:� Next general election to be held
in 6 November, 2006.
For more
information, please contact:� Bret
Schreiber
Environmental Health
hb0052� Public Health - Phthalates and Bisphenol-A -
Prohibitions - Toys, Child Care Articles, and Cosmetics
On or after January 1,
2008, a person may not manufacture, sell, or distribute in commerce any toy or
child care article:
(i)
Intended for use by a child under the age of 3 years and containing
bisphenol-a; (ii) Containing diethylhexyl phthalate (DEHP), dibutyl phthalate
(DBP), or butyl benzyl phthalate (BBP) in concentrations exceeding 0.1%; or
(iii) Intended for use by a child under the age of 3 years if the toy or child
care article can be placed in the mouth of the child and contains diisononyl
phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl� phthalate (DNOP) in concentrations exceeding
0.1%.
�����������
A person
shall use the least toxic alternative when replacing bisphenol-a and phthalates
and may not replace bisphenol-a or phthalates with carcinogens rated by the
United States Environmental Protection Agency as A, B, or C carcinogens or
reproductive toxicants that cause birth defects, reproductive harm, or
developmental harm as identified by the United States Environmental Protection
Agency.
�����������
On or after
January 1, 2008, a person may not manufacture, sell, or distribute in commerce
any cosmetic containing dibutyl phthalate (DBP) or diethylhexyl phthalate
(DEHP).� A person that violates any
provision of this section is guilty of a misdemeanor and upon conviction is
subject to a fine not exceeding $10,000 for each violation.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
SJ0001� Air Pollution - Mercury Emissions Limits
This joint resolution
declares that the State of Maryland acknowledges the dangers and negative
health effects of mercury air pollution, which is caused primarily by emissions
from grandfathered, coal-fired power plants in the State. The joint resolution
also states that the General Assembly supports the environmental organizations
and the 15 states that have joined a specified lawsuit against the U.S.
Environmental Protection Agency (EPA) despite the fact that the State is not a
party to the lawsuit.
.
For more
information, please contact:� Heather
Barthel
General Health Care
HB0121� State Board of Physicians - Sunset Extension and
Program Evaluation
This bill extends the
termination date of the State Board of Physicians (MBP) from July 1, 2007 to July
1, 2013. The bill also clarifies that the next program evaluation undertaken by
the Board shall be a full review without the necessity of a preliminary
evaluation.� In addition to extending the
MBP’s termination date and modifying the evaluation process, this bill
makes a variety of changes to board operations and funding.
Distribution of Fees
This bill
requires MBP to pay all collected fees, including physician assistant fees, to
the Comptroller of the State. If the Governor does not include at least
$750,000 in the budget for the operation of the Health Manpower Shortage
Incentive Program (Health Manpower Program) and the Janet L. Hoffman Loan
Assistance Repayment Program (Hoffman Program), then the Comptroller must
distribute: (1) 14% of the fees to the Office of Student Financial Assistance
(OSFA) to be distributed evenly between two specified loan and grant programs
for health profession students; and (2) the remainder of the fees to the MBP
Fund. If the Governor includes at least $750,000 in the budget for these
programs, the Comptroller must distribute all fees to the MBP Fund.
The bill
abolishes the Physician Rehabilitation Committee, repeals the requirement that
MBP contract with a nonprofit entity for physician rehabilitation services, and
provides for a physician rehabilitation program that can be run by the Board or
an outside entity with whom the Board contracts. The bill also eliminates the
exclusion from the MBP’s current fee distribution structure of the $50
fee charged to licensees used to fund physician rehabilitation and peer review
activities.
Disciplinary Actions and Procedures
The bill
authorizes the Board to refer any cases for a formal hearing to a subcommittee
consisting of three or more board members rather than solely to the Office of
Administrative Hearings (OAH).
It requires
disciplinary proceedings following formal charging by MBP to be open to the
public, providing that the licensee or the complainant may, for good cause
shown, request the proceeding to be closed. The bill also requires MBP to adopt
regulations that specify when a proceeding may be closed for good cause shown.
HB 121
authorizes the MBP to impose a civil penalty of up to $1,000 against a hospital,
related institution, alternative health system or employer for:
- failure to file with the Board
a report that the care provider limited, reduced, otherwise changed, or
terminated any licensed respiratory care practitioner for any reasons that
might be grounds for disciplinary action; and
- failure to report a
disciplinary action against a certified radiation oncology/therapy
technologist, certified medical radiation technologist, or certified
nuclear medicine technologist.
The bill
maintains exceptions to these filing and reporting requirements for: (1)
respiratory care practitioners and technologists who are in an alcohol or drug
treatment program; and (2) actions or conditions of the practitioner or
technologist that did not cause injury to any person during the practice of the
practitioner or technologist. All penalties collected under these provisions
must be remitted to the general fund.
It also
prohibits licensed physicians, hospitals, related institutions, alternative
health systems, or employers from employing uncertified radiation
oncology/therapy technologists, medical radiation technologists, or nuclear
medicine technologists. The bill authorizes the Board to impose a civil penalty
of up to $1,000 for violations of this provision. Such penalties would be paid
into the general fund.
Reporting
The Board,
the Administrative Office of the Courts, and the Chief Judge of the District
Court must develop a procedure to facilitate the reporting of information
regarding conviction of or entry of a plea of guilty or nolo contendere by a
physician for any crime involving moral turpitude by the Court to the Board and
alternative health systems.
Reviews and
Reports to the Legislature
The
Department of Health and Mental Hygiene (DHMH) and the Office of the Attorney
General must review the process for the investigation of self-referral cases by
health occupations boards; findings and recommendations regarding a revised
process must be reported to the Governor and specified legislative committees
by July 1, 2006.
The Board
and DHMH also must report to the Governor and specified legislative committees
by July 1, 2006, on a jointly developed strategy to reduce investigative
caseloads and complaint backlogs at MBP.�
The Board must reduce investigative caseloads and complaint backlogs by
July 1, 2007.
The
Department of Legislative Services (DLS) must to report to the Governor and
specified legislative committees by November 1, 2007, on the MBP’s
complaint resolution process.
DHMH and the
Department of Budget and Management (DBM) must, by September 1, 2006: (1)
review job classifications for investigators at the MBP and other health
occupations boards; (2) determine if job classifications for investigative
positions are appropriate to the skill levels required by investigators; (3)
recommend revised job classifications if it is determined to be appropriate;
and (4) report to the Governor and specified legislative committees on the
findings, recommendations, and any changes necessary to implement the
recommended changes.
Administrative Changes
The bill
repeals the requirement that the Board elect a secretary-treasurer and requires
the MBP to make regulatory changes to reflect Board procedures and to implement
recommendations made in the Report on the Maryland Board of Physicians’
Investigative Processes and Optimal Caseload (2004). HB 121 also amends the
statute regarding confidentiality of records to account for the fact that the
Board is no longer required to use the Medical and Chirurgical Faculty of the
State of Maryland (MedChi) for peer review services and can contract with
another nonprofit entity to provide these services.
The bill
cross references the definition of “performing acupuncture” under �
14-504 of the Health Occupations Article into the definition of “practice
medicine.”
Effective
Date:� June 1, 2006
For more
information, please contact:� Heather
Barthel
Health Care Facilities
HB0204� Assisted Living Program Facilities - Emergency
Electrical Power Generator
The bill directs DHMH to require that assisted living programs
providing services for 50 or more individuals must have an emergency electrical
power generator on the premises.� In
addition, the bill specifies the requirements of such an emergency power system
and the locations within the facility that must be lighted through this system.
Effective
Date:� October 1, 2006
For more
information, please contact:� Sheila
Higdon
Health Care Practitioners
HB0290� Criminal Law - Sexual Offenses by Health Care
Practitioners
HB 290 amends current criminal law regarding sexual
offenses by stipulating that a health care practitioner may not engage in sexual
contact with a patient or client without the consent of the other person and
under the pretense of diagnostic or therapeutic intent or benefit.
Effective
Date:� October 1, 2006
For more
information, please contact:� Sheila
Higdon
Higher Education
hb0043� Higher Education - Tuition Charges - Maryland High
School Students
House Bill 43 exempts an undocumented immigrant from
paying nonresident tuition at a Maryland public institution of higher education
if the individual:� (1) attended a
secondary school in the State for at least three years; (2) graduated from a
high school in the State or received the equivalent of a high school diploma in
the State; (3) applied to attend the institution within five years of high
school graduation; and (4) registered as an entering student for the fall 2004
semester or later.� To qualify, an
individual must provide documentation showing that the individual or the
individual’s parent or guardian paid Maryland income tax during the year
prior to the individual’s graduation.�
In addition, the individual must provide an affidavit stating that the
individual will file an application to become a permanent resident within 30
days after becoming eligible to do so.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
Mental Health
HB0203� Joint Committee on Access to Mental Health Services -
Membership
The bill adds one member each from the House Judicial
Proceedings Committee and the Senate Judiciary Committee to the Joint Committee
on Access to Mental Health Services.
Effective
Date:� June 1, 2006
For more
information, please contact:� Sheila
Higdon
Miscellaneous
HB0056� Electric Universal Service Program - Funding
This bill increases the total amount of funds
collected for the Electric Universal Service Program each year from $34 million
to $37 million, with the $3 million increase being collected from the
industrial and commercial classes.� There
is no increase to residential customers.�
In uncodified language the bill directs the Public Service Commission to
take all necessary actions to implement the alteration of funding so that the
full amount of the increased assistance is available during fiscal year
2006.�� It also provides that the bill is
an emergency measure and if passed by three-fifths of all the members elected
to each of the two Houses of the General Assembly, it will take effect from the
date it is enacted.
Effective
Date:� Emergency Bill
For more
information, please contact:� Heather
Barthel
Public Health
hb0031� Vehicle Laws - Motor Scooters and Mopeds - Helmets and
Eye-Protective Equipment for Minors
This bill provides that an individual may not operate
or ride on a motor scooter or moped unless he or she is wearing protective
headgear that conforms to standards established by the Motor Vehicle
Administrator. In addition, an individual may not operate a motor scooter or
moped unless he or she is wearing a type of eye-protective device that has been
approved by the Administrator.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
Research/Human Subject
HB0192� Health - Clinical Trials Data Bank
The bill requires that all clinical trials testing the
effectiveness of drugs, including biological drug products to� treat serious or life-threatening diseases
and conditions conducted under the U.S. FDA's investigational new drug regulation
must be submitted to the Clinical Trials Data Bank of the U.S. Department of
Health and Human Services.� The bill
provides that the Attorney General may seek appropriate injunctive or other
relief to prevent the conduct of that clinical trial.� It also requires the AG to annually report to
the General Assembly on the number of types of violations that occurred during
the previous year.
Effective
Date:� October 1, 2006
For more information,
please contact:� Sheila Higdon
Workers Comp
hb0022� Workers' Compensation - Occupational Disease -
Baltimore County Deputy Sheriffs
The bill adds a Deputy Sheriff of Baltimore County to
those law enforcement officers who are eligible for workers’ compensation
for heart disease or hypertension resulting in disability or death under
certain circumstances.� Existing statute
stipulates that an officer must have suffered heart disease or hypertension
that results in disability or death in the line of duty.
Effective
Date:� October 1, 2006
For more
information, please contact: �Heather
Barthel
hb0037� Workers' Compensation - Covered Employment - Exemption
The bill provides that undocumented immigrants are not
eligible for workers’ compensation benefits.� An “undocumented immigrant” is an
individual who does not meet the requirements for lawful employment in the
United States under the Immigration Reform and Control Act of 1986.� HB 37 also states that an individual other
than an undocumented immigrant is a covered employee while in the service of an
employer under an express or implied contract of apprenticeship or hire.� Minors employed illegally are included, as
long as they are not undocumented immigrants.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
additional information. Your input assists us greatly in evaluating and
formulating the position of Johns Hopkins on all legislation.
Legislative Session Office
410-269-0057
fax
Heather Barthel������������������� [email protected]
Mickey Geisler��������������������� [email protected]
Sheila Higdon��������������������� [email protected]
Tom Lewis ��������������������������� [email protected]
Bret Schreiber��������������������� [email protected]
Cathy Ximenez������������������� [email protected]
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Johns
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