Md. Code Regs. 10.32.21.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.21.06 - Documentation for Initial Licensure

A. The applicant shall submit an application on a form supplied by the Board.

B. A completed application shall include:

(1) Verification of naturopathic medical education;

(2) Documentation of successful completion of the examination requirements as described in Regulation .04A(4) of this chapter, including submission of all of the applicant's scores sent directly to the Board from the examination authority or authorities;

(3) A statement from the applicant listing all disciplinary or adverse actions taken against the applicant by a:

(a) Hospital, related institution, alternative health system, or employer;

(b) Medical board;

(c) Licensing authority;

(d) Court; or

(e) Adjudicatory body;

(4) All application and licensing fees payable to the Board at the time the application is submitted to the Board;

(5) The applicant's Social Security number, which the Board shall use only for evaluation and identification of applicants and licensees, but may not disclose in any other context;

(6) Verification of licensure from all states where the applicant has ever held a license;

(7) Verification of voluntary licensure nonrenewal or voluntary surrender of license while the applicant was in good standing and not under disciplinary charges or investigation at the time the license was surrendered from states where the applicant no longer holds a license;

(8) A passport quality photograph;

(9) Information in the National Practitioner Data Bank including, but not limited to, the following:

(a) Medical malpractice judgments against the applicant;

(b) Settlements made by the applicant in naturopathic medical malpractice actions; and

(c) Actions taken against the applicant or the applicant's license by state disciplinary or licensing authorities;

(10) Documentation of competency in English by any of the following:

(a) Documentation of graduation from a recognized English-speaking high school or undergraduate school after at least 3 years of enrollment;

(b) Documentation of graduation from a recognized English-speaking professional school;

(c) Documentation of a passing score on the naturopathic licensing examination administered by the North American Board of Naturopathic Examiners; or

(d) Documentation of receiving:

(i) A score of at least 26 on the "Speaking Section" of the Internet-Based Test of English as a Foreign Language; or

(ii) A score of Advanced or higher on the Oral Proficiency Interview;

(11) A chronological list of:

(a) All activities, beginning with the date of completion of naturopathic medical school through the date of application, listed by month and year, that account for all periods of time, and include each job held, regardless of whether the job was:

(i) Medically related or not; and

(ii) Compensated or not;

(b) Any other activity engaged in, including all periods of unemployment;

(c) Any actions, by a state licensing or disciplinary board, or a comparable body in the armed services, denying an application for licensure, reinstatement, or renewal;

(d) Any actions taken against the naturopathic doctor's license, by a state licensing or disciplinary board, or a comparable body in the armed services, including but not limited to limitations of practice, required education, admonishment, reprimand, suspension, or revocation for an act that would be grounds for disciplinary action under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland;

(e) Any investigation or charge brought against the naturopathic doctor by a licensing or disciplinary body or comparable body in the armed services;

(f) Any medical or health professional license for which the naturopathic doctor has applied if the application was withdrawn for reasons that would be grounds for disciplinary action under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland; and

(g) Any investigation or charge brought against the naturopathic doctor by a hospital, related institution, or alternative health care system that would be grounds for action under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland;

(12) A plea of guilty or nolo contendere, a conviction, or receipt of probation before judgment for a criminal act including:

(a) A plea of guilty or nolo contendere, a conviction, or receipt of probation before judgment for an alcohol or controlled dangerous substance offense, including but not limited to driving while under the influence of alcohol or controlled dangerous substances; and

(b) An arrest which would provide a basis for investigation or charge which would be grounds for disciplinary action under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland;

(13) A physical or mental condition that currently impairs the naturopathic doctor's ability to practice medicine;

(14) The filing or settling of a medical malpractice action in which the naturopathic doctor is, or has been, named as a defendant within the past 5 years;

(15) The following additional information:

(a) Copies of the complaints, pleadings, and judgments in all malpractice claims if the applicant has had 3 or more claims in the 5 years before the filing of the application for licensure;

(b) Copies of all arrests, disciplinary actions, judgments, and final orders which occurred or were issued within the 7 years before submitting the application for licensure for driving while intoxicated, driving while under the influence of a chemical substance or medication, or any license probation, suspension, or revocation; and

(c) All naturopathic medical licensure, certification, and recertification examination results and the dates when these examinations were taken;

(16) If required by the Board and at the applicant's expense, a physical or mental examination, or both, by a physician or evaluation program for treatment of impaired naturopathic doctors, or both, chosen by the Board to determine the applicant's ability to practice naturopathic medicine;

(17) On forms supplied by the Board, a release granting the Board access to relevant information from appropriate individuals, other institutions, and government agencies including, but not limited to:

(a) The National Practitioner Data Bank;

(b) Hospitals; and

(c) Other licensing bodies;

(18) On forms supplied by the Board, a release of any information which is not statutorily protected;

(19) Certificates and verifications from the certifying or verifying authority sent directly from: the national licensing authority, the naturopathic educational institution, and other state's licensing boards to the Board for applicants;

(20) The certified translation of any of the documents required under this chapter, at the applicant's expense, for any documents required by this chapter that are in a language other than English; and

(21) The criminal history records information received from the Central Repository in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland, and Regulation . 04C(1) of this chapter.

C. Application Processing.

(1) The Board has designated a 4-month period for acting on applications as follows:

(a) Within 60 days after receipt of an application, the Board shall determine whether an application is complete;

(b) If the Board determines that the application is not complete, the Board shall send a notice of deficiency to the applicant;

(c) On receipt of the notice, the applicant shall correct the deficiency within 60 days or any other period specified in the notice; and

(d) If the applicant fails to correct the deficiency within the required period, the application will be closed and the applicant shall be required to:

(i) Submit a new application; and

(ii) Pay the required fees specified in Regulation .20 of this chapter.

(2) The Board may not issue a license until the Board has:

(a) Received and reviewed the criminal history records information; and

(b) Approved the application.

D. Withdrawal of Application.

(1) An applicant may not withdraw an application for initial licensure, renewal of a license, or reinstatement of a license without permission of the Board, if:

(a) The applicant is currently charged in another jurisdiction with conduct which would be grounds for discipline under the Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland, if the applicant were licensed in this State;

(b) The applicant is under investigation in another jurisdiction for an allegation concerning conduct that would be grounds for discipline under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland, if the applicant were licensed in this State; or

(c) The Board is investigating the applicant or application or has issued a notice of intent to deny licensure.

(2) In determining whether to allow the withdrawal of a licensure application, the Board may consider such factors as the following:

(a) Issues of competence or conduct which caused the matter to be investigated;

(b) Duty to protect the public in other jurisdictions from duplicative expenditures on investigation of licensure applications; and

(c) Truthfulness of the applicant during the application process.

Md. Code Regs. 10.32.21.06

Regulation .06 adopted effective 43:18 Md. R. 1017, eff. 9/12/2016; amended effective 44:17 Md. R. 835, eff. 8/28/2017