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| 2017 SESSION OF THE |
| Volume 23, Number 4 | February 8, 2017 |
Here are some of the hot issues as the 2017 Legislative Session develops:
Governor Delivers State of the State
BILLS INTRODUCED
Behavioral Health HB580/SB476 Behavioral Health Community Providers - Keep the Door Open Act Requiring, except under specified circumstances, the Department of Health and Mental Hygiene to adjust the rate of reimbursement for community providers each fiscal year by the rate adjustment included in the State budget for that fiscal year; requiring, on or before December 1, 2019, and on or before December 1 annually thereafter, the Department to submit a report to the Governor and General Assembly on the impact of the reimbursement rate adjustment on community providers and other specified outcomes; etc. Hearing Date: Effective Date: June 1, 2017 HB612 Criminal Law - Distribution of Heroin or Fentanyl Resulting in Death Prohibiting a person from distributing heroin or fentanyl, the use of which is a contributing cause of the death of another; establishing penalties for a violation of the Act of up to 30 years in prison; providing that it is not a defense that the defendant did not directly distribute the heroin or fentanyl to the decedent; establishing a specified immunity; etc. Hearing Date: Tue 2/28 1:00 PM Effective Date: October 1, 2017 HB661 Public Health - Suspected Overdoses - Reporting Requirement Requiring specified individuals who treat or are in charge of a hospital that treats an individual for a suspected overdose that was caused or shows evidence of having been caused by a Schedule I controlled dangerous substance to notify the county sheriff, or the county police in a specified county, or the Department of State Police of the suspected overdose within 48 hours after the individual is treated; requiring that a report of a suspected overdose include specified information; and establishing a specified penalty. Hearing Date: Effective Date: October 1, 2017 SB594 Baltimore City and Baltimore County - Police Behavioral Health Units - Training Requirements Requiring a specified training program for officers of police behavioral health units in the Baltimore City Police Department and the Baltimore County Police Department to consist of a minimum of 60 hours of instruction. Hearing Date: Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] SB690 State Budget Authorizing the General Assembly to increase or add Executive Department items in the budget bill, subject to a specified limitation; providing for the veto by the Governor of only those items relating to the Executive Department that have been increased or added by the General Assembly; providing for the reversion to original appropriations of specified vetoed items in the budget bill; authorizing the General Assembly to override budget bill item vetoes; etc. Hearing Date: Effective Date: [GO TO TOP] [GO TO BILL LIST] HB541/SB474 Cigarette Restitution Fund - Establishment of Behavioral Health Treatment Account and Funding for Substance Use Treatment Services Requiring the Cigarette Restitution Fund to include a separate account to be used for substance use treatment, with priority given to residential treatment services, recovery support housing, and specified crisis response services, and for rate adjustments for specified agencies or programs; requiring specified distributions from the account to be used to supplement and not supplant specified other funds; prohibiting more than $10,000,000 from being appropriated from the account in any fiscal year; etc. Hearing Date: Effective Date: July 1, 2017 HB703/SB113 Public Health - Tobacco Control Funding Requiring $21,000,000 in funding for fiscal year 2018 and each fiscal year thereafter for activities aimed at reducing tobacco use in Maryland. Hearing Date: Tue 2/21 1:00 PM Effective Date: July 1, 2017 HB747 Public Health - Cigarette Restitution Fund Programs - Modifications Altering specified information measured by the Baseline Tobacco Study; requiring a local health officer to identify a specified coalition and to identify specified programs, evaluate the effectiveness of specified programs, and develop a specified plan with the assistance of a specified coalition before applying for specified grants; requiring a specified plan to include a list of members of a specified coalition; requiring a local health officer, in consultation with a specified coalition, to update a specified plan; etc. Hearing Date: Effective Date: July 1, 2017 SB474/HB541 Cigarette Restitution Fund - Establishment of Behavioral Health Treatment Account and Funding for Substance Use Treatment Services Requiring the Cigarette Restitution Fund to include a separate account to be used for substance use treatment, with priority given to residential treatment services, recovery support housing, and specified crisis response services, and for rate adjustments for specified agencies or programs; requiring specified distributions from the account to be used to supplement and not supplant specified other funds; prohibiting more than $10,000,000 from being appropriated from the account in any fiscal year; etc. Hearing Date: Wed 3/1 1:00 PM Effective Date: July 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB810 Apprenticeships - Apprenticeship and Training Council - Revisions Requiring the Division of Workforce Development and Adult Learning to adopt regulations to carry out specified provisions of law; providing that the Division is the designated State Apprenticeship Agency under specified provisions of federal law; altering the duties of the Apprenticeship and Training Council; prohibiting specified persons from taking specified actions regarding apprenticeship programs for specified occupations unless the program is first approved by the Division, rather than the Council; etc. Hearing Date: Effective Date: July 1, 2017 SB522 Income Tax Credit - Eligible Employers - Eligible Internships Allowing specified eligible employers a credit against the State income tax for employing specified interns, which may not exceed $1,000 for each eligible intern or 10% of the wages paid to each eligible intern, subject to specified limitations; requiring an eligible employer to enter into a specified agreement with an eligible higher education institution; requiring a specified eligible employer to submit a specified application at a specified time; etc. Hearing Date: Effective Date: July 1, 2017 SB641 Income Tax Credit - Endow Maryland - Credit Amounts Increasing from $250,000 to $1,000,000 the aggregate amount of State income tax credits the Department of Housing and Community Development is authorized to issue in a taxable year for donations to specified qualified permanent endowment funds at specified community foundations; and applying the Act to taxable years 2018 and beyond. Hearing Date: Effective Date: July 1, 2017 [GO TO TOP] [GO TO BILL LIST] SB405/HB340 Criminal Law - Extortion - Unauthorized Software Prohibiting the creation of or unauthorized introduction into a computer, computer system, or computer network of unauthorized software designed to restrict access or use by an authorized user for the purpose of extorting money, property, or anything of value from another; establishing that a violation is a felony with up to 10 years imprisonment and up to a $10,000 fine; providing that a person who has suffered a specified injury because of a specified violation may bring a civil action in a specified court; etc. Hearing Date: Wed 2/15 1:00 PM Effective Date: October 1, 2017 SB427/HB522 Food Service Facilities - Automated External Defibrillator Program (The Joe Sheya Act) Requiring the owner and operator of a food service facility with an annual gross income of $400,000 or more and a seating capacity of 50 or more persons to develop and, beginning October 1, 2018, to implement an automated external defibrillator program that meets specified requirements; and requiring the Department of Health and Mental Hygiene and the Maryland Institute for Emergency Medical Services Systems jointly to adopt specified regulations. Hearing Date: Thu 2/16 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] SB400 Department of Health and Mental Hygiene - Biosafety Level 3 Laboratories Requiring the Department of Health and Mental Hygiene to develop and make available a standardized form for a BSL-3 laboratory for specified purposes; requiring the laboratories to report specified information to the Department on or before September 30, 2018, and on or before September 30 each subsequent year; requiring the Department to report, on or before December 31, 2018, and on or before December 31 each subsequent year, the number and location of the laboratories, in total and by local jurisdiction, to specified State officials; etc. Hearing Date: Thu 2/16 1:00 PM Effective Date: October 1, 2017 SB852/HB203 Public Safety - Maryland Accessibility Code - Applicability Clarifying that the Maryland Accessibility Code does not apply to a change of use that is not a specified change of occupancy. Hearing Date: Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB581/SB633 Maryland Medical Practice Act - Individuals Exempt From Licensure - Repeal of Criminal History Records Check Requirement Repealing the requirement that, in order to practice medicine without a license while performing specified duties, a medical student or an individual in a postgraduate medical training program approved by the State Board of Physicians must submit to a criminal history records check in accordance with a specified provision of law; etc. Hearing Date: Wed 2/8 1:00 PM Effective Date: October 1, 2017 HB683/SB436 Income Tax - Credit for Nurse Practitioner or Licensed Physician in Preceptorship Program - Alterations Altering the application of a specified fee assessed by the Board of Nursing for the renewal of a nurse practitioner who holds an advanced practice certification; altering the number of hours, so that the required minimum of three rotations must consist of at least 120 hours or the requisite number of hours for a completed unit of community-based training, that a specified nurse practitioner or licensed physician must work in a specified preceptorship program in order to qualify for a specified credit against the State income tax; etc. Hearing Date: Wed 2/22 1:00 PM Effective Date: Upon Enactment HB807/SB611 Health Occupations - Requirements for the Practice of Optometry - Miscellaneous Revisions Requiring that, in addition to being licensed, an individual be certified under specified provisions of law and the Act before practicing optometry in the State within the scope of the certification; requiring specified optometrists to be certified under specified provisions of law before performing specified functions; altering the coursework requirements for specified certifications; establishing a new level of certification for licensed optometrists; etc. Hearing Date: Tue 2/21 1:00 PM Effective Date: July 1, 2017 SB385/HB482 Maryland Nurse Practice Act - Revisions Altering the membership of the State Board of Nursing; requiring that specified petitions for membership on the Board have at least a specified number of signatures of support from nurses with a specified license; altering the requirements for the election of Board officers; requiring the Board to hold a special election within a specified time period to fill a specified vacancy of a Board officer under specified circumstances; altering the requirements for a quorum of the Board; authorizing the Board to employ a deputy director; etc. Hearing Date: Wed 2/8 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB667 Health Insurance - Coverage for Lymphedema Diagnosis, Evaluation, and Treatment Requiring insurers, nonprofit health service plans, and health maintenance organizations that provide specified health insurance benefits under specified insurance policies or contracts to provide coverage for the medically necessary diagnosis, evaluation, and treatment of lymphedema, including equipment, supplies, complex decongestive therapy, gradient compression garments, and self-management training and education; etc. Hearing Date: Fri 2/10 1:00 PM Effective Date: October 1, 2017 HB675/SB61 Health Insurance - Coverage for Digital Tomosynthesis Establishing that a specified coverage requirement that applies to specified insurers, nonprofit health service plans, and health maintenance organizations includes coverage for digital tomosynthesis under specified circumstances; prohibiting a copayment or coinsurance requirement that is greater than for other breast cancer screenings; applying the Act to all policies, contracts, and health benefit plans issued, delivered, or renewed in the State on or after January 1, 2018; etc. Hearing Date: Effective Date: Upon Enactment [GO TO TOP] [GO TO BILL LIST] HB658/SB570 Maryland Medical Assistance Program - Telehealth - Requirements Altering specified coverage and reimbursement requirements for health care services delivered through telemedicine under the Maryland Medical Assistance Program; requiring the Department of Health and Mental Hygiene to provide coverage of and reimbursement for specified health care services that are delivered through telehealth; deeming a health care service provided through telehealth to be equivalent to a specified health care service for a specified purpose; etc. Hearing Date: Effective Date: October 1, 2017 SB679 Child Abuse and Neglect - Training Requiring that each health practitioner, police officer, educator, and human service worker in the State receive periodic training on the obligation to report child abuse and neglect and on the identification of abused and neglected children. Hearing Date: Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB694/SB543 Higher Education - Admissions Process - Criminal History (Maryland Fair Access to Education Act of 2017) Prohibiting specified institutions of higher education from inquiring into or considering information about the criminal history of applicants unless the specified institution knows or should know that the crime is ongoing; allowing specified institutions of higher education to inquire into or consider the criminal history of students for purposes of campus residency and deciding whether students may participate in specified activities or aspects of campus life; etc. Hearing Date: Tue 2/14 1:00 PM Effective Date: July 1, 2017 HB715 Institutions of Higher Education - Teacher Preparation Programs - Accreditation and Approval Authorizing the State Department of Education to approve a program of undergraduate or graduate studies offered by an institution of higher education in the State that would certify a recipient to teach, in addition to approval of the program by the Maryland Higher Education Commission and in lieu of national accreditation; requiring the Department and the Commission to jointly agree on specified standards; etc. Hearing Date: Effective Date: June 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB657 Cannabis - Use of State Revenues Stating the intent of the General Assembly that, if the State imposes a tax on medical or nonmedical cannabis, all revenues from the tax will be deposited into the Education Trust Fund. Hearing Date: Tue 2/21 1:00 PM Effective Date: October 1, 2017 SB445 Criminal Law - Smoking Marijuana in a Public Place - Prohibition Prohibiting a person from smoking marijuana in a public place, in or on a public conveyance, or in any specified area otherwise accessible to the public; establishing a penalty of a fine not to exceed $500 for a violation of the Act; providing for the expungement of a conviction under the Act; etc. Hearing Date: Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB604/SB802 Courts and Judicial Proceedings - Venue - Health Care Specifying the venue for the purposes of specified health care proceedings is the county where an alleged negligent act or omission occurred. Hearing Date: Wed 2/15 1:00 PM Effective Date: October 1, 2017 HB957/SB195 Physicians - Licensure - Liability Coverage (Janet's Law) Requiring licensed physicians to maintain specified minimum amounts of professional liability insurance or attest to specified coverage as a condition of licensure and comply with specified regulations; requiring a licensed physician to notify the State Board of Physicians of the cancellation of the insurance or coverage within a specified time period; requiring a physician to provide the Board with specified verification or documentation on a specified application and at any other time on request of the Board; etc. Hearing Date: Effective Date: October 1, 2017 SB682 Civil Actions - Noneconomic Damages Increasing the maximum amount of noneconomic damages that may be recovered in specified wrongful death actions or survival actions arising on or after October 1, 2017; providing that a jury may be informed of specified limitations on noneconomic damages in specified civil actions. Hearing Date: Effective Date: October 1, 2017 SB802/HB604 Courts and Judicial Proceedings - Venue - Health Care Specifying that the venue for the purposes of specified health care proceedings is the county where an alleged negligent act or omission occurred; etc. Hearing Date: Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB428/SB574 Family Law - Child Conceived Without Consent - Termination of Parental Rights (Rape Survivor Family Protection Act) Authorizing a court, under specified circumstances, to terminate the parental rights of an individual convicted of or found to have committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of a child; prohibiting the court from terminating parental rights under specified circumstances; specifying that a termination of parental rights under the Act terminates completely specified rights and responsibilities of a parent; etc. Hearing Date: Thu 2/9 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB582 Pharmacies - Availability of Generically Equivalent Drugs Requiring a pharmacy to stock at least one generically equivalent drug or order the generically equivalent drug for delivery to the pharmacy within a reasonable period of time, under specified circumstances. Hearing Date: Fri 2/10 1:00 PM Effective Date: October 1, 2017 HB631/SB415 Public Health - Essential Generic Drugs - Price Gouging - Prohibition Prohibiting a manufacturer or wholesale distributor from engaging in price gouging in the sale of an essential generic drug; requiring the Maryland Medical Assistance Program to notify the manufacturer of an essential generic drug and the Attorney General of a specified increase in the price of the essential generic drug under specified circumstances; requiring a manufacturer of an essential generic drug to submit a specified statement to the Attorney General within 20 days after receipt of a specified notice; etc. Hearing Date: Effective Date: October 1, 2017 HB666/SB437 Public Health - Expensive Drugs - Manufacturer Reporting and Drug Price Transparency Advisory Committee Requiring, on or before March 31 each year, the manufacturer of an expensive drug sold or offered for sale in the State to file with the Secretary of Health and Mental Hygiene a specified annual report; establishing the Drug Price Transparency Advisory Committee; requiring a manufacturer of an expensive drug to file a notice with the Secretary before increasing a specified price or a specified cost by more than a specified percentage or amount during specified periods of time; etc. Hearing Date: Effective Date: October 1, 2017 SB363/HB613 Pharmacists - Contraceptives - Prescribing and Dispensing Authorizing a pharmacist who meets the requirements of State Board of Pharmacy regulations to prescribe and dispense specified contraceptives; requiring the Board to adopt regulations establishing the conditions under which pharmacists may prescribe and dispense contraceptives; establishing requirements for the regulations; requiring the Maryland Medical Assistance Program and the Maryland Children's Health Program to provide coverage for contraceptive services rendered by a licensed pharmacist to a specified extent; etc. Hearing Date: Wed 2/8 1:00 PM Effective Date: January 1, 2018 SB415/HB631 Public Health - Essential Generic Drugs - Price Gouging - Prohibition Prohibiting a manufacturer or wholesale distributor from engaging in price gouging in the sale of an essential generic drug; requiring the Maryland Medical Assistance Program to notify the manufacturer of an essential generic drug and the Attorney General of a specified increase in the price of the essential generic drug under specified circumstances; requiring a manufacturer of an essential generic drug to submit a specified statement to the Attorney General within 20 days after receipt of a specified notice; etc. Hearing Date: Wed 2/15 1:00 PM Effective Date: October 1, 2017 SB437/HB666 Public Health - Expensive Drugs - Manufacturer Reporting and Drug Price Transparency Advisory Committee Requiring, on or before March 31 each year, the manufacturer of an expensive drug sold or offered for sale in the State to file with the Secretary of Health and Mental Hygiene a specified annual report; establishing the Drug Price Transparency Advisory Committee; requiring a manufacturer of an expensive drug to file a notice with the Secretary before increasing a specified price or a specified cost by more than a specified percentage or amount during specified periods of time; etc. Hearing Date: Wed 2/15 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB528/SB420 Humane Adoption of Companion Animals Used in Research Act of 2017 Requiring specified research facilities using dogs or cats for scientific research purposes to take specified steps to provide for the adoption of a dog or cat that is no longer needed for research purposes; authorizing specified research facilities to enter into specified agreements with animal rescue organizations for specified purposes; and requiring specified research facilities to submit specified information to the Secretary of Agriculture beginning on December 1, 2018, and each year thereafter. Hearing Date: Tue 2/21 1:00 PM Effective Date: October 1, 2017 HB584/SB572 Investigational Drugs, Biological Products, and Devices - Right to Try Act Authorizing a manufacturer of an investigational drug, biological product, or device to make available the investigational drug, biological product, or device to eligible patients; specifying the manner in which a specified drug, product, or device may be provided to eligible patients; prohibiting a health occupations board from taking specified action against a health care provider's license on a specified basis; establishing that the Act does not create a specified cause of action; etc. Hearing Date: Fri 2/10 1:00 PM Effective Date: October 1, 2017 SB420/HB528 Humane Adoption of Companion Animals Used in Research Act of 2017 Requiring specified research facilities using dogs or cats for scientific research purposes to take specified steps to provide for the adoption of a dog or cat that is no longer needed for research purposes; authorizing specified research facilities to enter into specified agreements with animal rescue organizations for specified purposes; and requiring specified research facilities to submit specified information to the Secretary of Agriculture beginning on December 1, 2018, and each year thereafter. Hearing Date: Tue 2/14 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB625/SB80 Criminal Law - Animal Abuse - Penalties and Restitution Prohibiting a person from committing specified abusive acts involving 10 or more animals; establishing penalties of up to $2,500 or up to 3 years imprisonment for violation of the Act; authorizing a court to order a person convicted or found to have committed a delinquent act to pay restitution to specified entities for expenses incurred as a result of the violation; authorizing a court to order a minor convicted or found deliquent under the Act, the minor's parent, or both to pay specified restitution under specified circumstances; etc. Hearing Date: Thu 2/23 1:00 PM Effective Date: October 1, 2017 [GO TO TOP] [GO TO BILL LIST] HB531 Labor and Employment - Labor Organizations - Right to Work Prohibiting an employer from requiring, as a condition of employment or continued employment, an employee or a prospective employee to join or remain a member of a labor organization, pay charges to a labor organization, or pay a specified amount to a third party under specified circumstances; prohibiting an employer from threatening an employee or a prospective employee with specified action; providing that a specified violation of law is a misdemeanor and is subject to specified penalties; applying the Act prospectively; etc. Hearing Date: Tue 2/14 1:00 PM Effective Date: October 1, 2017 HB559/SB51 Workers' Compensation - Permanent Total Disability - Survival of Claim Providing that, under specified circumstances, the right to compensation for permanent total disability due in part to accidental personal injury or resulting from an occupational disease and payable under specified provisions of law survives to specified individuals under specified circumstances; applying the Act prospectively; etc. Hearing Date: Tue 2/28 1:00 PM Effective Date: October 1, 2017 HB665/SB607 Labor and Employment - Exemptions From Overtime Pay - Administrative, Executive, or Professional Capacity Altering the conditions under which an individual who works in a specified administrative, executive, or professional capacity qualifies for an exemption from overtime pay; requiring that individuals be compensated on a salary basis at a specified rate or amount to qualify as an individual who is employed in an administrative, executive, or professional capacity; etc. Hearing Date: Tue 2/21 1:00 PM Effective Date: October 1, 2017 HB974/SB525 Maryland Personal Information Protection Act - Revisions Requiring a specified business, when destroying an employee's or a former employee's records that contain specified personal information of the employee or former employee, to take specified steps to protect against unauthorized access to or use of the information; altering the circumstances under which a specified business that owns, licenses, or maintains computerized data that includes specified personal information must conduct a specified investigation and notify specified persons of a specified breach; etc. Hearing Date: Wed 3/1 1:00 PM Effective Date: October 1, 2017 SB404/HB398 Labor and Employment - Equal Pay - Job Announcement and Salary History Information Disclosures Requiring employers with 15 or more employees to include specified information in a job announcement to recruit an employee or independent contractor to fill a position within the employer's organization; prohibiting specified employers from paying less than the minimum rate of pay included in a specified job announcement to a specified employee; prohibiting specified employers from seeking salary history information for an employee by specified methods; etc. Hearing Date: Thu 2/16 1:00 PM Effective Date: October 1, 2017 SB468/HB506 Labor and Employment - Noncompete and Conflict of Interest Clauses Providing that specified noncompete and conflict of interest provisions that restrict the ability of an employee to enter into employment with a new employer or to become self-employed in the same or similar business or trade are null and void as being against the public policy of the State. Hearing Date: Wed 2/22 1:00 PM Effective Date: October 1, 2017 Legislative Session Office Legislative Hotline is a service of Johns Hopkins Government Affairs. © 2016 The Johns Hopkins Institutions. Baltimore, Maryland.
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Health Care Occupations
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Marijuana
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Medical Liability/Tort Reform
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Miscellaneous
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Workplace Regulation
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STAFF CONTACT INFORMATION
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Chelsea Beaupre [email protected] Mary Clapsaddle [email protected] Mickey Geisler [email protected] Sheila Higdon [email protected] Rianna Matthews-Brown [email protected] Nicki McCann [email protected]
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