reglab/housing_qa huggingface dataset:
MD. Health Occupations Code Ann. §  1-221.1 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 1-221.1 - Performance of Pelvic, Prostate, or Rectal Examination by Health Care Practitioner

    (a)    In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession.    (b)    A health care practitioner, or a student or trainee in an educational or training program to become a health care practitioner, may not perform a pelvic, prostate, or rectal examination on a patient who is under anesthesia or unconscious unless:        (1)    The health care practitioner, student, or trainee obtained informed consent from the patient for the examination;        (2)    The performance of the examination is within the standard of care for the patient;        (3)    The patient is unconscious and the examination is required for diagnostic or treatment purposes; or        (4)    An emergency exists, it is impractical to obtain the patient’s consent, and the examination is required for diagnostic or treatment purposes.    (c)    A health occupations board, in accordance with the hearing procedures that govern the discipline of the health care practitioner under the board’s jurisdiction, may reprimand, place on probation, or suspend or revoke a license or certificate of a health care practitioner under the board’s jurisdiction who fails to comply with the requirements of this section.
MD. Health Occupations Code Ann. §  1-222 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 1-222 - Prohibition Against Concurrent Service on Boards and Advisory Committees

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Advisory committee” means a committee established by statute or regulation that functions as a subunit of a health occupations board.        (3)    “Health occupations board” means a board authorized to issue a license, certificate, or registration under this article.    (b)    An individual may not serve concurrently as a member of a health occupations board or an advisory committee and as an elected officer of a professional association organized under the laws of the State that represents and advocates for the interests of the individuals regulated by that health occupations board.
MD. Health Occupations Code Ann. §  1-223 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 1-223 - Limits on Prescribing Opioids

    (a)    In this section, “controlled dangerous substance” has the meaning stated in § 5–101 of the Criminal Law Article.    (b)    On treatment for pain, a health care provider, based on the clinical judgment of the health care provider, shall prescribe:        (1)    The lowest effective dose of an opioid; and        (2)    A quantity that is no greater than the quantity needed for the expected duration of pain severe enough to require an opioid that is a controlled dangerous substance unless the opioid is prescribed to treat:            (i)    A substance–related disorder;            (ii)    Pain associated with a cancer diagnosis;            (iii)    Pain experienced while the patient is receiving end–of–life, hospice, or palliative care services; or            (iv)    Chronic pain.    (c)    The dosage, quantity, and duration of an opioid prescribed under subsection (b) of this section shall be based on an evidence–based clinical guideline for prescribing controlled dangerous substances that is appropriate for:        (1)    The health care service delivery setting for the patient;        (2)    The type of health care services required by the patient; and        (3)    The age and health status of the patient.    (d)    (1)    When a patient is prescribed an opioid under subsection (b) of this section, the patient shall be advised of the benefits and risks associated with the opioid.        (2)    When a patient is co–prescribed a benzodiazepine with an opioid that is prescribed under subsection (b) of this section, the patient shall be advised of the benefits and risks associated with the benzodiazepine and the co–prescription of the benzodiazepine.    (e)    A violation of subsection (b) or (d) of this section is grounds for disciplinary action by the health occupations board that regulates the health care provider who commits the violation.
MD. Health Occupations Code Ann. §  1-224 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 1-224 - Tip Line

    // EFFECTIVE UNTIL JULY 31, 2022 PER CHAPTER 211 OF 2018 //    (a)    On or before December 1, 2018, the Department shall identify a method for establishing a tip line through which a person may report an individual licensed under this article who the reporting person suspects is prescribing medication or overprescribing medication in violation of any provision of this article.    (b)    The Department shall be responsible for ensuring that reports to the tip line are forwarded to the appropriate licensing board.
MD. Health Occupations Code Ann. §  1-303 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 3 - Patient Referrals|Section 1-303 - Disclosure of Beneficial Interest

    (a)    Except as provided in subsection (c) of this section and Title 12 of this article, a health care practitioner making a lawful referral shall disclose the existence of the beneficial interest in accordance with provisions of this section.    (b)    Prior to referring a patient to a health care entity in which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest, the health care practitioner shall:        (1)    Except if an oral referral is made by telephone, provide the patient with a written statement that:            (i)    Discloses the existence of the ownership of the beneficial interest or compensation arrangement;            (ii)    States that the patient may choose to obtain the health care service from another health care entity; and            (iii)    Requires the patient to acknowledge in writing receipt of the statement;        (2)    Except if an oral referral is made by telephone, insert in the medical record of the patient a copy of the written acknowledgement;        (3)    Place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patients of the health care practitioner disclosing all of the health care entities:            (i)    In which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest; and            (ii)    To which the practitioner refers patients; and        (4)    Documents in the medical record of the patient that:            (i)    A valid medical need exists for the referral; and            (ii)    The practitioner has disclosed the existence of the beneficial interest to the patient.    (c)    The provisions of this section do not apply to:        (1)    A health care practitioner when treating a member of a health maintenance organization as defined in § 19-701 of the Health - General Article and the health care practitioner does not have a beneficial interest in the health care entity; or        (2)    A health care practitioner who refers a patient:            (i)    To another health care practitioner in the same group practice as the referring health care practitioner;            (ii)    For in-office ancillary services; or            (iii)    For health care services provided through or by a health care entity owned or controlled by a hospital.    (d)    A health care practitioner who fails to comply with any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
MD. Health Occupations Code Ann. §  1-304 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 3 - Patient Referrals|Section 1-304 - Disclosure to Third Party Payors

    (a)    A health care practitioner shall disclose the name of a referring health care practitioner on each request for payment or bill submitted to a third party payor, including nonprofit health plans and fiscal intermediaries and carriers, that may be responsible for payment, in whole or in part, of the charges for a health care service, if the health care practitioner knows or has reason to believe:        (1)    There has been a referral by a health care practitioner; and        (2)    The referring health care practitioner has a beneficial interest in or compensation arrangement with the health care entity that is prohibited under § 1-302 of this subtitle.    (b)    A health care practitioner who knows or should have known of the practitioner's failure to comply with the provisions of this section shall be subject to disciplinary action by the appropriate licensing board.
MD. Health Occupations Code Ann. §  1-305 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 3 - Patient Referrals|Section 1-305 - Collections for Services Provided Pursuant to Prohibited Referral

    (a)    If a referring health care practitioner, a health care entity, or other person furnishing health care services collects any amount of money that was billed in violation of § 1-302(b) of this subtitle and the referring health care practitioner, health care entity, or other person knew or should have known of the violation, the referring health care practitioner, health care entity, or other person is jointly and severally liable to the payor for any amounts collected.    (b)    If a claim, bill, or other demand or request for payment for health care services is denied under § 19-712.4 of the Health - General Article or § 15-110 of the Insurance Article, the referring health care practitioner, health care entity, or other person furnishing the health care services may not submit a claim, bill, or other demand or request for payment to the person who received the health care services.
MD. Health Occupations Code Ann. §  1-307 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 3 - Patient Referrals|Section 1-307 - Disciplinary Actions; Investigations

    (a)    A health care practitioner who fails to comply with the provisions of this  subtitle shall be subject to disciplinary action by the appropriate regulatory board.    (b)    The appropriate regulatory board may investigate a  claim under this subtitle in accordance with the investigative  authority granted under this article.
MD. Health Occupations Code Ann. §  1-402 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 4 - Medical Review Committees|Section 1-402 - Law Governing Recoveries Against Medical Review Bodies and Professional Peer Review Activities

    (a)    In accordance with the Health Care Quality Improvement Act of 1986, the State elects not to be governed by the provisions of the Act that provide limitations on damages for suits brought under State law against medical review bodies and to physicians participating in professional peer review activities.    (b)    For suits brought under State law, the State shall be governed by this subtitle.
MD. Health Occupations Code Ann. §  1-501 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-501 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Board” means any board established under this article.    (c)    (1)    “Employee” means any individual licensed or certified by a board under this article who performs services for and under the control and direction of an employer for wages or other remuneration.        (2)    “Employee” does not include a State employee.    (d)    “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of an employee, or who has managerial authority to take corrective action regarding the violation of a law, rule, or regulation of which the employee complains.
MD. Health Occupations Code Ann. §  1-502 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-502 - Prohibited Acts

    Subject to § 1-503 of this subtitle, an employer may not take or refuse to take any personnel action as reprisal against an employee because the employee:         (1)    Discloses or threatens to disclose to a supervisor or board an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation;        (2)    Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by the employer; or        (3)    Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.
MD. Health Occupations Code Ann. §  1-503 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-503 - Requirements for Protection

    The protection provided against a violation of § 1-502 of this subtitle shall only apply if:         (1)    The employee has a reasonable, good faith belief that the employer has, or still is, engaged in an activity, policy, or practice that is in violation of a law, rule, or regulation;        (2)    The employer’s activity, policy, or practice that is the subject of the employee’s disclosure poses a substantial and specific danger to the public health or safety; and        (3)    Before reporting to the board:            (i)    The employee has reported the activity, policy, or practice to a supervisor or administrator of the employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice; or            (ii)    If the employer has a corporate compliance plan specifying who to notify of an alleged violation of a rule, law, or regulation, the employee has followed the plan.
MD. Health Occupations Code Ann. §  1-504 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-504 - Civil Action and Venue; Limitation of Action

    (a)    Any employee who is subject to a personnel action in violation of § 1-502 of this subtitle may institute a civil action in the county where:        (1)    The alleged violation occurred;        (2)    The employee resides; or        (3)    The employer maintains its principal offices in the State.    (b)    The action shall be brought within 1 year after the alleged violation of § 1-502 of this subtitle occurred, or within 1 year after the employee first became aware of the alleged violation of § 1-502 of this subtitle.
MD. Health Occupations Code Ann. §  1-505 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-505 - Remedies; Attorney's Fees and Expenses

    In any action brought under this subtitle, a court may:         (1)    Issue an injunction to restrain continued violation of this subtitle;        (2)    Reinstate the employee to the same, or an equivalent position held before the violation of § 1-502 of this subtitle;        (3)    Remove any adverse personnel record entries based on or related to the violation of § 1-502 of this subtitle;        (4)    Reinstate full fringe benefits and seniority rights;        (5)    Require compensation for lost wages, benefits, and other remuneration; and        (6)    Assess reasonable attorney’s fees and other litigation expenses against:            (i)    The employer, if the employee prevails; or            (ii)    The employee, if the court determines that the action was brought by the employee in bad faith and without basis in law or fact.
MD. Health Occupations Code Ann. §  1-506 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 5 - Health Care Worker Whistleblower Protection Act|Section 1-506 - Defense

    In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the employee’s exercise of any rights protected under this subtitle.
MD. Health Occupations Code Ann. §  1-601 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-601 - "Health Occupations Board" Defined

    In this subtitle, “health occupations board” means a board authorized to issue a license or certificate under this article.
MD. Health Occupations Code Ann. §  1-602 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-602 - Disciplinary Subcommittee

    (a)    After consultation with the Secretary and to the extent permitted by existing administrative and fiscal resources, each health occupations board shall establish a disciplinary subcommittee.    (b)    To the extent deemed practicable by each board, a disciplinary subcommittee shall:        (1)    Be responsible for the investigation of complaints;        (2)    Determine whether the health occupations board should bring charges against a licensee or certificate holder; and        (3)    Participate in preadjudication case resolution conferences resulting from the charges.
MD. Health Occupations Code Ann. §  1-603 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-603 - Charges

    (a)    Except as provided in subsection (b) of this section, a health occupations board may not bring charges against a licensee or certificate holder based solely on events contained in a complaint the board receives more than 6 years after:        (1)    The day the complainant actually discovered the facts that form the basis of the complaint; or        (2)    The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint.    (b)    This section does not apply to a complaint based on:        (1)    Criminal convictions or sexual misconduct or other similar boundary violations;        (2)    Reciprocal discipline matters;        (3)    Ongoing substance abuse;        (4)    Fraudulent concealment of material information; or        (5)    Acts that occur while a patient is a minor.
MD. Health Occupations Code Ann. §  1-604 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-604 - Peer Review

    (a)    If a statute authorizes a health occupations board to use a system of peer review in standard of care cases and the peer reviewer or peer reviewers determine that there has been a violation of a standard of care, the board shall provide the licensee or certificate holder under investigation:        (1)    An opportunity to review the final peer review report; and        (2)    At least 10 business days after the report was sent to the licensee or certificate holder to provide the board with a written response.    (b)    If a health occupations board receives a written response to a final peer review report, the board shall consider both the report and response before taking any action.    (c)    (1)    Except as provided in paragraph (2) of this subsection, health occupations boards and disciplinary panels may not reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke the license of a licensee or the certificate of a certificate holder solely on the basis of the licensee’s or certificate holder’s use of a diagnostic evaluation or treatment of a patient that is integrative, complementary, alternative, or nonconventional, including in the treatment of Lyme disease or tick–borne illnesses.        (2)    This subsection may not be construed to release a licensee or certificate holder from the duty to exercise a professional standard of care when evaluating and treating a patient’s medical condition.
MD. Health Occupations Code Ann. §  1-605 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-605 - Program for a Single Standard of Care Violation

    (a)    As an alternative to a formal hearing, each health occupations board may establish a program for licensees or certificate holders who commit a single standard of care violation.    (b)    A program established under this section shall provide training, mentoring, or other forms of remediation as determined by the health occupations board.    (c)    A health occupations board may refer a licensee to the program.
MD. Health Occupations Code Ann. §  1-606 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-606 - Sanctioning Guidelines

    (a)    Each health occupations board shall adopt specific sanctioning guidelines, including:        (1)    A range of sanctions that is based on historical data or a normative process for each type of violation; and        (2)    A list of mitigating and aggravating circumstances that may be used to decide if a sanction falls within or outside the established range of sanctions.    (b)    Sanctioning guidelines adopted under this section shall:        (1)    Conform to a general framework or incorporate a common set of elements; and        (2)    Be used as a guide for sanctioning licensees and certificate holders in formal and informal proceedings.    (c)    (1)    To the extent a health occupations board departs from the sanctioning guidelines adopted under this section, the board shall state its reasons.        (2)    A departure from the guidelines alone is not grounds for any hearing or appeal of any board action.
MD. Health Occupations Code Ann. §  1-607 (2021)
2021 Maryland Statutes|Health Occupations|Title 1 - Definitions; General Provisions|Subtitle 6 - General Clarification of the Disciplinary Process|Section 1-607 - Posting of Final, Public Order

    Each health occupations board shall post on the board’s Web site each final, public order for a disciplinary sanction issued to a licensee or certificate holder.