Audit Uncovers Oversight Failures at Maryland Department of Health

A new state audit has uncovered serious lapses within Maryland’s Department of Health, raising concerns about inadequate oversight and delayed investigations particularly within the Board of Nursing.

According to the audit, the Board of Nursing failed to investigate 259 out of 287 individuals who held active nursing licenses in Maryland as of February 2024, despite concerns they may have used fraudulent credentials.

Alarmingly, at least 131 of these individuals were actively employed in Maryland medical facilities as of December 2023, including six at a state-run institution.

The Board of Nursing claims that of the 259 flagged cases, 205 have since been reviewed and found to have obtained their credentials legally.

“Maryland has no cause to take disciplinary action against 205 of the individuals,” the Board stated, explaining that either their credentials were legitimate, or the Board lacked jurisdiction over their licensure status due to multi-state licensing arrangements.

Of the remaining 54 cases:

12 were closed after the applicant withdrew their application

3 ended with voluntary license surrenders

3 resulted in revocation of practice privileges

7 cases have been referred for prosecution

3 were dismissed with no further action

The remaining 26 cases are under active investigation, with resolutions expected by July 31.

The audit also highlighted systemic delays across the Boards of Nursing and Professional Counselors. As of February 2024, nearly 73% of open complaints, 3,594 out of 4,916, had not been resolved on time. Of these, more than 3,000 had been pending for over two years.

The Board of Nursing acknowledged the backlog but noted improvements, stating that the number of open cases has dropped to 1,303, though 796 have been open for more than 540 days.

The Board attributes delays to heavy caseloads and case complexity. It suggested capping investigators’ workloads at 25 cases each to speed up resolution and mentioned plans to fill vacant investigative positions by December 31.

The issue of fraudulent licenses came into focus following Operation Nightingale, an FBI investigation into a Florida-based diploma mill, which was exposed in January 2023. In October 2023, the Maryland Board of Nursing released a list of individuals connected to the scheme.

The audit also criticized the Office of Health Care Quality (OHCQ) for failing to meet legally mandated inspection schedules. State law requires annual inspections of assisted living and long-term-care facilities, but in FY2023, only 42 of 255 long-term-care facilities were inspected.

This isn’t a new issue similar failures have been documented in audits dating back to 2004.

In response, OHCQ cited staffing shortages. Currently, only seven full-time nurse surveyors and one administrator are tasked with inspections across the entire state. However, eight more nurse surveyors are in training. OHCQ expects to meet annual inspection targets for assisted living facilities by November 2025 and for long-term care facilities by October 30, 2026.

Auditors also raised concerns about the inconsistent use of criminal background checks among Maryland’s Health Professional Boards and Commissions (HPBCs). While some boards require them, 10 do not.

Auditors cross-referenced conviction records from 2019 to 2024 with current professional licenses and identified 16 dental and 14 pharmacy professionals with criminal convictions, including drug offenses, assault, and theft. In at least two cases, licensed dental professionals convicted of assault should have had their licenses suspended for at least a year.

The Board of Pharmacy acknowledged that it only has legal authority to run background checks on pharmacy technicians, not all licensees.

Similarly, the State Board of Dental Examiners said it uses a character and fitness questionnaire during applications and relies on reports from the National Practitioner Data Bank to flag any red flags for investigation.

Check out the full audit report below:

Hundreds of Nurses May Have Used Fake Credentials And Maryland May Have Let It Slide  was originally published on r1wolbbaltimore.staging.go.ione.nyc