2023 Maryland Statutes › Health Occupations › Title 14 - Physicians › Subtitle 5G - Genetic Counselors › Section 14-5G-20 - Report by Employer of Actions Against Licensed Counselor -- Alcohol-Impaired or Drug-Impaired Licensee -- Treatment Programs -- Confidentiality -- Reports Submitted -- Penalties

(a)    Except as provided in subsections (b) and (d) of this section, hospitals, related institutions, alternative health systems as defined in § 1–401 of this article, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed genetic counselor for any reason that might be grounds for disciplinary action under  § 14–5G–18 of this subtitle.
(b)    A hospital, related institution, alternative health system, or employer that has reason to know that a licensed genetic counselor has committed an act or has a condition that might be grounds for reprimand or probation of the licensed genetic counselor or suspension or revocation of the license because the licensed genetic counselor is alcohol–impaired or drug–impaired is not required to report the licensed genetic counselor to the Board if:
(1)    The hospital, related institution, alternative health system, or employer knows that the licensed genetic counselor is:
(i)    In an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department; or
(ii)    Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse; and
(2)    (i)    The hospital, related institution, alternative health system, or employer is able to verify that the licensed genetic counselor remains in the treatment program until discharge; and
(ii)    The action or condition of the licensed genetic counselor has not caused injury to any person while the genetic counselor is practicing genetic counseling.
(c)    (1)    If the licensed genetic counselor enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department, the licensed genetic counselor shall notify the hospital, related institution, alternative health system, or employer of the licensed genetic counselor’s decision to enter the treatment program.
(2)    If the licensed genetic counselor fails to provide the notice required under paragraph (1) of this subsection, and the hospital, related institution, alternative health system, or employer learns that the licensed genetic counselor has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed genetic counselor has entered a treatment program and has failed to provide the required notice.
(3)    If the licensed genetic counselor is found to be noncompliant with the treatment program’s policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, or employer of the licensed genetic counselor’s noncompliance.
(4)    On receipt of the notification required under paragraph (3) of this subsection, the hospital, related institution, alternative health system, or employer of the licensed genetic counselor shall report the licensed genetic counselor’s noncompliance to the Board.
(d)    A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of alcohol– and drug abuse–related patient records.
(e)    The hospital, related institution, alternative health system, or employer shall submit the report within 10 days after any action described in this section.
(f)    A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
(g)    (1)    A disciplinary panel may impose a civil penalty of up to $1,000 for failure to report under this section.
(2)    The Board shall remit any penalty collected under this subsection into the General Fund of the State.