reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.01 - General Licensure Regulations › Section 10.32.01.13 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physician may
				  place advertisements.
B. An
				  advertisement may not contain:
(1) Statements
				  containing misrepresentation of facts;
(2) Statements that cannot be verified by the
				  Board for truthfulness;
(3)
				  Statements likely to mislead or deceive because in context the statements make
				  only a partial disclosure of relevant facts;
(4) Statements intended to, or likely to,
				  create false or unjustified expectations of favorable results;
(5) Statements specifying a fee for
				  professional service which does not include the cost of all related procedures,
				  services, and products which to a substantial likelihood will be necessary for
				  the completion of the advertised service as it would be understood by an
				  ordinarily prudent person;
(6)
				  Statements advertising discounted or free services, examinations, or treatments
				  when there will be an additional charge for any additional services,
				  examinations, or treatments which are performed as a result of and within 72
				  hours of the initial office visit in response to the advertisement unless the
				  professional services rendered are a result of a bona fide emergency;
(7) Statements conveying the impression that
				  the physician could improperly influence any public body, official,
				  corporation, or any person on behalf of a patient;
(8) Statements containing representations or
				  implications that in reasonable probability can be expected to cause an
				  ordinary prudent person to misunderstand or be deceived; or
(9) Statements containing representations
				  that the physician is willing to perform any procedure which is illegal under
				  the laws or regulations of Maryland or the United States.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.01 - General Licensure Regulations › Section 10.32.01.14 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physician may
				  not engage in solicitation, including in-person, telephone, or direct mail
				  solicitation which:
(1) Amounts to fraud,
				  undue influence, intimidation, or overreaching;
(2) Contains statements which would be
				  improper under Regulation .13B of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.01 - General Licensure Regulations › Section 10.32.01.15 - Replacement Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall issue a replacement license or registration card if the original
				  license is lost, destroyed, stolen, or damaged, or if there has been a change
				  of the licensee's name.
B. The
				  Board shall require that the following accompany requests for replacement
				  licenses:
(1) The proper fee;
(2) Any required application forms which are
				  to include the reason for the replacement license request;
(3) A passport quality photograph of the
				  licensee, taken within 60 days of the application, affixed to the affidavit
				  form supplied by the Board; and
(4)
				  Return of the original license if the license is damaged or a replacement is
				  sought for reasons of a name change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.01 - General Licensure Regulations › Section 10.32.01.16 - Qualifications for Medical Licensing Examination

Current through Register Vol. 51, No. 14, July 12, 2024
To qualify for admission to Step 3 of the USMLE in the
					 State, an individual shall:
A. For all
				  medical graduates:
(1) Have obtained the
				  doctor of medicine degree, or its equivalent, or the doctor of osteopathy
				  degree before sitting for the examination;
(2) Have obtained passing scores on USMLE
				  Step 1 and USMLE Step 2 with not more than three fails on each step;
				  and
(3) Not later than the final
				  deadline set by the Board's designee:
(a)
				  Submit to the Board's designee a complete application that meets all the
				  requirements for admission to Step 3 of USMLE as set by the Board, its
				  designee, and USMLE; and
(b) Meet
				  any other requirements that may be set by the Board and USMLE;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.01 - General Licensure Regulations › Section 10.32.01.17 - Initial Licensure by Reciprocity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements. An applicant for initial
				  licensure by reciprocity shall:
(1) Have an
				  active, unrestricted license to practice medicine in another jurisdiction that:
(a) At the time the applicant was licensed,
				  had licensure requirements substantially equivalent to the Board's current
				  licensure requirements as set forth in Regulation .03 of this chapter;
				  and
(b) Offers a similar reciprocal
				  licensure process to physicians licensed by the Board;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern procedures for disciplinary and
					 licensing matters before the Board of Physicians.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.03 - Prehearing Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  regulation applies to:
(1) Proceedings under
				  Health Occupations Article, §
											1-307,
				  14-405, 14-5
				  A-17(b), 14-5B-14(b), 14-5C-17(b), 14-5D-15, 14-5E-16(b), 14-5F-18(b) or
				  15-315, Annotated Code of Maryland; and
(2) To the extent specifically provided in
				  this regulation, cease and desist orders.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.04 - Adjudication of Allegations in a Charging Document

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) This regulation applies to cases under
				  Health Occupations Article, §§
											1-307,
				  14-405, 14-5
				  A-17(b), 14-5B-14(b), 14-5C-17(b), 14-5D-15, 14-5E-16(b), 14-5F-18(b) and
				  15-315 Annotated Code of Maryland.
(2) This regulation does not apply to cases
				  under Health Occupations Article, §
											14-404(b),
				  14-5 A-17(c), 14-5B-14(c), 14-5C-17(c), 14-5D-14(b), 14-5E-16(c), or
				  14-5F-18(c) or 15-314(b), Annotated Code of Maryland, or to cease and desist
				  orders issued under Health Occupations Article, §
											14-206(e),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.05 - Disciplinary Panel Exceptions Process and Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) This regulation applies to cases under
				  Health Occupations Article, §§
											1-307,
				  14-405, 14-5
				  A-17(b), 14-5B-14(b), 14-5C-17(b), 14-5D-15, 14-5E-16(b), 14-5F-18(b) and
				  15-315 Annotated Code of Maryland.
(2) This regulation does not apply to cases
				  under Health Occupations Article, §
											14-404(b),
				  14-5 A-17(c), 14-5B-14(c), 14-5C-14(c), 14-5D-14(b), 14-5E-16(f), or
				  14-5F-18(c) or 15-314(b), Annotated Code of Maryland, or to cease and desist
				  orders issued under Health Occupations Article, §
											14-206(e),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.06 - Post Disciplinary Reinstatement of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Postdisciplinary reinstatement after an
				  order of suspension is subject to the following conditions:
(1) If an order suspends a license for a
				  certain period of time, the respondent may petition the disciplinary panel that
				  issued the order to suspend for postdisciplinary reinstatement only pursuant to
				  that order;
(2) The disciplinary
				  panel may not entertain early termination of the suspension;
(3) If termination of a suspension is made
				  contingent on the happening of an event, the respondent shall establish the
				  occurrence of the event to the satisfaction of the disciplinary panel;
				  and
(4) If a health care
				  practitioner whose license is suspended fails to renew the suspended license
				  when that license expires, the health care practitioner may petition the
				  disciplinary panel for termination of suspension only after applying for and
				  meeting the requirements for reinstatement set out in COMAR 10.32.01.10.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.07 - Proceedings under Health Occupations Article, Sections 14 - 404(b), 14 - 5A - 17(c), 14 - 5B - 14(c), 14 - 5C - 17(c), 14 - 5D - 14(b), 14 - 5E - 16(c), 14 - 5F - 18(c) and 15 - 314(b), Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "health care provider"
				  means an individual who is a:
(1) Licensed
				  physician;
(2) Licensed respiratory
				  care practitioner;
(3) Licensed
				  radiographer;
(4) Licensed nuclear
				  medical technologist;
(5) Licensed
				  radiation therapist;
(6) Licensed
				  radiologist assistant;
(7) Licensed
				  polysomnographic technologist;
(8)
				  Licensed athletic trainer;
(9)
				  Licensed perfusionist;
(10)
				  Licensed naturopathic doctor; or
(11) Licensed physician assistant.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.08 - Summary Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. State
				  Government Article, §
										10-226(c),
				  Annotated Code of Maryland, governs consideration of summary suspension of a
				  license.
B. Notice of Intent to
				  Summarily Suspend.
(1) Based on information
				  gathered during an investigation, the disciplinary panel may determine that
				  there is a substantial likelihood of a risk of serious harm to the public
				  health, safety, or welfare by the health provider, and vote an intent to
				  summarily suspend the license of the respondent.
(2) If the disciplinary panel votes an intent
				  to summarily suspend, the Board shall refer the matter to the administrative
				  prosecutor for prosecutorial action.
(3) Based upon a review of the case, the
				  prosecutor may refer the matter back to the disciplinary panel for further
				  consideration.
(4) Notice to the
				  respondent includes a:
(a) Proposed order for
				  summary suspension; and
(b) Show
				  cause notice letter providing an opportunity to the respondent to show cause
				  why the order should not be issued.
(5) The proposed order for summary suspension
				  includes but is not limited to:
(a) The
				  statutory authority upon which the order is based;
(b) Notification that the respondent may
				  request a full hearing to appeal the summary suspension, if executed by the
				  disciplinary panel; and
(c)
				  Statements of investigatory information which serve as a basis for the
				  order.
(6) Service.
(a) The disciplinary panel shall serve the
				  respondent:
(i) At least 5 calendar days
				  before a predeprivation hearing; and
(ii) By regular mail or hand delivery at the
				  address the respondent maintains for purposes of licensure notice.
(b) The disciplinary panel may
				  choose to serve the respondent personally.
(7) A show cause notice may not be required
				  in extraordinary circumstances. The disciplinary panel, after consultation with
				  the Board's counsel, may suspend a license without prior notice and opportunity
				  to be heard, if:
(a) The disciplinary panel
				  determines that the health, welfare, and safety of the public or the physician
				  imperatively requires immediate suspension;
(b) Notice and opportunity to be heard before
				  the action is not feasible; and
(c)
				  The respondent is provided with a postdeprivation opportunity to be heard
				  within 15 days by the disciplinary panel, that voted to summarily suspend the
				  license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.11 - Disciplinary Actions and Licensure Denials Assigned to the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				  applies to proceedings under Health Occupations Article, §
										14-205(b)(1)(iii),
				  14-206(e),
				  14-307,
				  14-405,
				  14-606(a)(4)(ii),
				  14-5 A-17(a), 14-5A-09, 14-5A-23(b), 14-5B-09, 14-5B-14(a), 14-5B-19(b),
				  14-5C-09, 14-5C-17(a), 14-5C-23(b), 14-5D-08, 14-5D-14(a), 14-5D-18(b),
				  14-5E-09, 14-5E-16(a), 14-5E-23(b), 14-5F-11, 14-5F-18(a), 14-5F-29(b), 15-313,
				  or 15-403, Annotated Code of Maryland.
B. The final decision in the proceedings in
				  this regulation is made by the full Board.
C. Denial of Application for Initial License.
(1) When an individual files an application
				  for a license with the Board, the applicant shall be investigated to determine
				  whether the Board will:
(a) Issue a license;
				  or
(b) Deny the
				  application.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A respondent
				  whose license has been sanctioned by a final order of the disciplinary panel
				  after a contested case proceeding under Health Occupations Article, §
										14-404, 14-5
				  A-17.1, 14-5B-14.1, 14-5C-17(b), 14-5D-15, 14-5E-17, 14-5F-23, or 15-315(b),
				  Annotated Code of Maryland, may seek judicial review of the disciplinary
				  panel's decision as provided under Health Occupations Article, §
										14-408(a),
				  Annotated Code of Maryland.
B. An
				  individual whose application for administrative reinstatement has been denied
				  by a final disciplinary panel order after a contested case proceeding under
				  Health Occupations Article, §
										14-205(a)(1)(iii),
				  14-5 A-17.1, 14-5B-14.1, 14-5C-17(b), 14-5D-15, 14-5E-17, 14-5F-23, or
				  15-315(b), Annotated Code of Maryland, may appeal the decision as provided
				  under Health Occupations Article, §
										14-408(a),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.13 - Recusal in Board or Disciplinary Panel Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A Board or disciplinary panel member may
				  not participate in an investigation or a proceeding in which the impartiality
				  of the Board or disciplinary panel member might reasonably be questioned,
				  including but not limited to proceedings and investigations in which the Board
				  or disciplinary panel member has or appears to have:
(1) A personal bias or prejudice concerning a
				  party; or
(2) Personal knowledge of
				  disputed evidentiary facts concerning a proceeding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.14 - Proposed Orders; Show Cause Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nothing in this chapter prohibits the
				  issuance of a charging document with a proposed order which will go into effect
				  if the respondent fails to request a hearing.
B. Nothing in this chapter prohibits a
				  disciplinary panel from conducting a show cause hearing to determine if there
				  has been:
(1) A violation of
				  probation;
(2) A violation of a
				  condition under which any portion of a disciplinary order was stayed;
				  or
(3) Any other violation of a
				  Board or disciplinary panel order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.15 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for
				  formal charging documents, notices of intent to deny, or as otherwise provided
				  by law, the proceedings of the Board and the disciplinary panels are
				  confidential, and the confidentiality of the proceedings cannot be waived by
				  the parties.
B. The recommended
				  decision by an administrative law judge is confidential, and the respondent
				  cannot waive the confidentiality of the contested case proceedings or of the
				  patients whose care is reflected in the record of the proceedings.
C. To the extent possible, even after a final
				  order is entered by the Board or a disciplinary panel, the parties shall
				  refrain from revealing legal documents or oral statements or information that
				  would reveal the identity of any patients referenced in the order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.16 - Ethics

Current through Register Vol. 51, No. 14, July 12, 2024
The Board and the disciplinary panels may consider the
					 Principles of Ethics of the American Medical Association, but these principles
					 are not binding on the Board or the disciplinary panels.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.02 - Hearings Before the Board of Physicians › Section 10.32.02.17 - Opioid Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
The Board and the disciplinary panels may consider the
					 "Guideline for Prescribing Opioids for Chronic Pain " published by the Centers
					 for Disease Control and Prevention, but this guideline is not binding on the
					 Board or the disciplinary panels.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of physician assistants and the delegation of medical acts
				  by a physician to a physician assistant.
B. This chapter does not prohibit:
(1) A student from performing any of the
				  procedures described in these regulations as part of an accredited school's
				  clinical curriculum;
(2) An
				  individual from practicing a health occupation that the individual is
				  authorized to practice under Health Occupations Article, Annotated Code of
				  Maryland; or
(3) A physician
				  assistant employed by the federal government from performing duties incident to
				  that employment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.03 - Physician Assistant Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Composition. The Physician Assistant
				  Advisory Committee shall be composed as required under Health Occupations
				  Article, §
										15-202, Annotated
				  Code of Maryland.
B. Tenure.
(1) The term of a member is 3
				  years.
(2) The initial terms of the
				  members are staggered.
(3) At the
				  end of a term, a member continues to serve until a successor is
				  appointed.
(4) An individual may be
				  reappointed for a second term but an individual may not serve more than two
				  consecutive terms.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.04 - Qualifications for Licensure as a Physician Assistant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application. Applicants shall:
(1) Complete an application on a form
				  approved by the Board;
(2) Pay an
				  application fee as defined in Regulation .16 of this chapter;
(3) Be at least 18 years old;
(4) Be of good moral character; and
(5) Demonstrate oral and written competency
				  in English by one or more of the following:
(a) Graduation from a recognized
				  English-speaking high school or undergraduate school after at least 3 years of
				  enrollment;
(b) Graduation from a
				  recognized English-speaking professional school; or
(c) Receiving a grade of:
(i) At least 26 on the Speaking Section of
				  the Internet-based Test of English as a Foreign Language; and
(ii) At least 79 on the Internet-based Test
				  of English as a Foreign Language.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.05 - Delegation Agreements - Contents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before a physician may delegate medical
				  acts and before a physician assistant may perform medical acts, the physician
				  assistant and primary supervising physician shall file with the Board:
(1) A delegation agreement on the
				  Board-approved form; and
(2) The
				  required fee as specified in Regulation .16 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.06 - Delegation Agreements - Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review by the Board.
(1) The Board may review a delegation
				  agreement filed under Regulation .05 of this chapter.
(2) The Board may disapprove a delegation
				  agreement or delegation of an advanced duty based upon:
(a) Licensure or compliance issues with the
				  primary supervising physician or the physician assistant;
(b) Failure of the delegation agreement to
				  meet the requirements of:
(i) Health
				  Occupations Article, Title 15, Subtitle 3, Annotated Code of Maryland;
				  or
(ii) Regulation .05 of this
				  chapter; or
(c) Belief
				  that the physician assistant cannot safely perform the delegated
				  duty.
(3) If the Board
				  disapproves the delegation under §A(2) or C(1) of this regulation, the
				  primary supervising physician and physician assistant may appeal the decision
				  using the procedure described in Regulation .12 of this chapter.
(4) Upon notification by the Board that a
				  delegation agreement or an advanced duty has been denied, the physician
				  assistant shall immediately cease to practice under the agreement or perform
				  the advanced duty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.07 - Supervising Physicians

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  primary supervising physician shall:
(1) File
				  a delegation agreement with the Board, as required under Regulations .05 and
				  .06 of this chapter;
(2) Accept
				  responsibility for any medical acts performed by the physician
				  assistant;
(3) Provide continuous
				  supervision of the physician assistant by means of one or more of the
				  following:
(a) On-site supervision;
(b) Written instructions;
(c) Electronic communication; or
(d) Assignment of one or more alternate
				  supervising physicians by one of the following means:
(i) In any practice setting, by ensuring the
				  documentation of alternate supervising physicians with signed confirmation that
				  each alternate understands and accepts the role as an alternate supervising
				  physician; and
(ii) By
				  ensuring that the alternate supervising physician documentation is readily
				  available, accessible, and provided to the Board upon request;
(4) Delegate only
				  medical acts that:
(a) Are within the scope
				  of practice of the primary supervising physician or an alternate supervising
				  physician; and
(b) Are suitable to
				  be performed by the physician assistant, taking into account the physician
				  assistant's:
(i) Education;
(ii) Training; and
(iii) Level of competence;
(5) Obtain approval for
				  the delegation of any advanced duties as specified in Regulation .06C, D, or E
				  of this chapter;
(6) Except in
				  hospitals, detention centers, correctional facilities, and public health
				  facilities, supervise no more than four physician assistants at one time;
				  and
(7) Report the termination of a
				  delegation agreement for any reason to the Board within 5 days, providing the
				  following information:
(a) Name and license
				  number of primary supervising physician and physician assistant; and
(b) Reason for termination, including a
				  description of conduct or incident that resulted in the termination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.08 - Prescriptive Authority and Dispensing Starter Dosage or Drug Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order for a
				  primary supervising physician to delegate prescriptive authority, the primary
				  supervising physician shall ensure that the delegation agreement includes:
(1) A statement describing whether the
				  physician intends to delegate any of the following:
(a) Prescribing of:
(i) Controlled dangerous
				  substances;
(ii) Prescription
				  drugs; or
(iii) Medical
				  devices;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.09 - Renewal, Reinstatement, Change in Name or Address, and Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Renewal.
(1) The Board may not renew a
				  license until the Comptroller of Maryland has verified that the individual has
				  paid all undisputed taxes and unemployment insurance contributions, or arranged
				  for repayment, as required by COMAR 10.31.02.
(2) An individual who has been licensed by
				  the Board as a physician assistant may renew the license every 2 years on the
				  date specified by the Board by:
(a) Completing an
				  application on a form approved by the Board;
(b) Paying the
				  required renewal fee as defined in Regulation .16 of this chapter;
(c)
				  Attesting to completion of continuing education activities as specified in
				  §D of this regulation; and
(d) Meeting any
				  additional requirements set by the Board for renewal of a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.10 - Identification as Physician Assistant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physician assistant shall:
(1) Wear an identification tag or badge which
				  identifies that individual as a physician assistant;
(2) Identify himself or herself to all
				  patients as a physician assistant; and
(3) Maintain a copy of the physician
				  assistant's license and currently approved delegation agreement at the primary
				  place of business of the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.12 - Modification or Disapproval of Delegation Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the Board disapproves a delegation
				  agreement, or a request to perform an advanced duty, the Board shall:
(1) Give written notice to the
				  applicant;
(2) Set forth the
				  specific reasons for the denial; and
(3) Give the applicant an opportunity to
				  request a hearing before the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.13 - Reports by Employer and Primary Supervising Physician

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				  regulation, a hospital, related institution, alternative health care system,
				  employer, and primary supervising physician shall file with the Board a report
				  that the hospital, related institution, alternative health system, employer, or
				  primary supervising physician limited, reduced, otherwise changed, or
				  terminated any licensee for any reason that might be grounds for disciplinary
				  action under Regulation .11 of this chapter or Health Occupations Article,
				  Titles 14 and 15, Annotated Code of Maryland.
B. Exception. A hospital, related
				  institution, alternative health system, or employer that has reason to know
				  that a licensee has committed an action or has a condition that might be
				  grounds for reprimand or probation of the licensee or suspension or revocation
				  of the licensure because the licensee is alcohol impaired or drug impaired is
				  not required to report the licensee to the Board if:
(1) The hospital, related institution,
				  alternative health system, or employer knows that the licensee is:
(a) In an alcohol or drug treatment program
				  that is accredited by the Joint Commission or is certified by the Department of
				  Health and Mental Hygiene; or
(b)
				  Under the care of a health care practitioner who is competent and capable of
				  dealing with alcoholism and drug abuse;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.14 - Examination and Audit of Physician Assistant Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Examination.
(1) The Board may direct a physician
				  assistant who is an applicant or licensee to submit to an appropriate
				  examination to determine the physician assistant's physical, mental, or
				  professional ability to perform delegated medical acts.
(2) A physician assistant is deemed to have
				  consented to an examination and waived any claim to privilege as to the
				  examination report.
(3) The
				  unreasonable failure or refusal of an applicant or licensee to submit to an
				  examination is:
(a) Prima facie evidence that
				  the physician assistant cannot perform delegated medical acts; and
(b) Cause for denial of an application or
				  suspension of a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.15 - Practice During a Disaster

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A physician assistant licensed in this State or in any other state is
				  authorized to perform acts, tasks, or functions as a physician assistant under
				  the supervision of a physician licensed to practice medicine in Maryland during
				  a disaster within a county in which a state of disaster has been declared by
				  the Governor, or counties contiguous to a county in which a state of disaster
				  has been declared, in accordance with Public Safety Article, §
										14-107, Annotated Code
				  of Maryland.
B. The physician
				  assistant shall notify the Board in writing of the names, practice locations,
				  and telephone numbers for the physician assistant and each primary supervising
				  physician within 30 days of the first performance of medical acts, tasks, or
				  functions as a physician assistant during the disaster.
C. A team of physician or physicians and
				  physician assistants or physician assistants practicing under this regulation
				  may not be required to maintain on-site documentation describing supervisory
				  arrangements as otherwise required in Regulation .06 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant › Section 10.32.03.16 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are applicable to physician
					 assistants:
A. Initial application
				  fees:
(1) Initial license ... $200;
				  and
(2) Physician assistant
				  rehabilitation program ... $25; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter concerns the registration of psychiatrist's
					 assistants before October 1, 1993, and re-registration and discipline of
					 psychiatrist's assistants currently registered by the Board of
					 Physicians.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Applicant" means the registered
				  psychiatrist's assistant and supervisory psychiatrist who applied to the Board
				  on or before October 1, 1993, for approval of duties and supervision.
(2) "Board" means the Board of
				  Physicians.
(3) "Facility" means a:
(a) Hospital;
(b) Nursing home;
(c) Health maintenance
				  organization;
(d) Community health
				  center;
(e) Public health
				  clinic;
(f) Similar institution;
				  or
(g) Medical office of more than
				  one psychiatrist.
(4)
				  "Psychiatrist" means an individual licensed to practice medicine in Maryland
				  who has completed the psychiatric residency requirements in a program approved
				  by the American Board of Psychiatry and Neurology or who has received, or is
				  eligible for, certification by the American Board of Psychiatry and
				  Neurology.
(5) "Psychiatrist's
				  assistant" means an individual who applied for registration on or before
				  October 1, 1993, and was registered by the Board to perform medical duties
				  which would normally be performed by a psychiatrist.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.03 - Permitted Assignment of Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A psychiatrist may assign duties which constitute the
					 practice of medicine to a psychiatrist's assistant in accordance with these
					 regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.04 - Standards for Psychiatrist Supervision of Psychiatrist's Assistants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The psychiatrist
				  shall personally examine, diagnose, and establish a treatment plan for each
				  patient before assigning a patient to a psychiatrist's assistant.
B. Adequate supervision of a psychiatrist's
				  assistant in the performance of medical acts under these regulations requires
				  the personal presence of the psychiatrist or the psychiatrist's participation
				  through telephone contact, chart review, or other means as approved by the
				  Board, or all of the above.
C.
				  Adequate supervision does not necessarily require on-site supervision in all
				  cases.
D. When in the performance
				  of his medical duties, a psychiatrist's assistant finds a significant, new
				  undiagnosed condition or a significant change in an existing diagnosed illness,
				  the psychiatrist's assistant shall immediately apprise the supervising
				  psychiatrist of the condition or change. The supervising psychiatrist shall
				  then direct appropriate treatment and shall be available to promptly attend the
				  patient.
E. A psychiatrist may not
				  employ more than two full-time psychiatrist's assistants in a non institutional
				  practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.05 - Registration and Re-registration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  After October 1, 1993, the Board may not accept or approve any application for
				  registration.
B. An individual who
				  has been registered by the Board as a psychiatrist's assistant pursuant to this
				  chapter shall renew the registration every 2 years on the date specified by the
				  Board by re-registration and payment of the appropriate fees. A registrant
				  shall meet all the requirements of this chapter at re-registration.
C. A psychiatrist's assistant shall notify
				  the Board in writing of a change in the psychiatrist's assistant name or
				  address within 60 days after the change.
D. Notice of the required re-registration
				  shall be given by the Board to the psychiatrist's assistant at the address as
				  shown on the records of the Board.
E. The psychiatrist's assistant shall
				  complete this re-registration by the date specified by the Board.
F. If a psychiatrist's assistant does not
				  receive notice of re-registration it shall be the responsibility of the
				  psychiatrist's assistant to contact the Board in order to complete this
				  re-registration before the expiration of the current registration.
G. A psychiatrist's assistant whose
				  registration has expired for failure to renew is unregistered . A registration
				  which has expired shall be considered permanently expired.
H. For purposes of the re-registration,
				  appropriate standards for continuing medical education for psychiatrist's
				  assistants may be promulgated by the Board.
I. When the registration expires, the
				  approval of duties and supervision becomes invalid.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.06 - Approval of Duties and Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a physician or facility and a
				  psychiatrist's assistant have agreed to the psychiatrist's assistant's
				  employment, the two parties shall provide the Board with a written application
				  for approval of duties and supervision before the psychiatrist's assistant
				  begins his duties.
B. A
				  psychiatrist's assistant may not begin employment until a notice of approval of
				  duties and supervision is issued by the Board to the physician or facility and
				  the psychiatrist's assistant.
C.
				  Application for Approval of Duties and Supervision.
(1) The application shall be made on a form
				  supplied by the Board and shall include:
(a) A
				  complete list and description of the duties to be assigned to the
				  psychiatrist's assistant.
(b) A
				  detailed description of the supervisory relationship between the psychiatrist
				  and the psychiatrist's assistant or the psychiatrists in a facility and the
				  psychiatrist's assistant. The description of the supervisory relationship shall
				  include a schedule of patient reviews.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.07 - Termination of Employment

Current through Register Vol. 51, No. 14, July 12, 2024
Notice shall be given to the Board by the psychiatrist or
					 the facility and the psychiatrist's assistant within 10 days of termination of
					 employment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.08 - Responsibility of the Psychiatrist

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A record of patient reviews with the psychiatrist's assistant shall be kept on
				  file and shall include a summary of the psychiatrist's observations and
				  recommendations.
B. A psychiatrist
				  may not assign the ultimate responsibility for diagnosis or therapy to a
				  psychiatrist's assistant.
C.
				  Notwithstanding any provision contained in these regulations, a psychiatrist
				  may not assign to a psychiatrist's assistant the duty of independently
				  prescribing or dispensing drugs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.09 - Psychiatrist's Responsibility to Patient not to be Limited by Assignment

Current through Register Vol. 51, No. 14, July 12, 2024
When the Board approves a psychiatrist's assistant's duties
					 and supervisory relationship with a psychiatrist, that approval does not
					 relieve the psychiatrist from the primary responsibility for the care and
					 treatment of the patient. Medical services rendered to a patient by a
					 psychiatrist's assistant shall be, with respect to the obligation of the
					 psychiatrist, the same as if those services had been rendered directly by the
					 psychiatrist.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.10 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall establish fees for application,
					 registration, re-registration, late registration, and reinstatement of
					 psychiatrist's assistants.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.11 - Identification of the Psychiatrist's Assistant

Current through Register Vol. 51, No. 14, July 12, 2024
A. The psychiatrist's assistant shall wear a
				  tag or badge with lettering clearly visible to the patient, bearing his name
				  and the title "Registered Psychiatrist's Assistant". The use of any other
				  degree designation either on the badge or in any other phase of practice as a
				  psychiatrist's assistant is prohibited.
B. A patient calling or walking in for an
				  appointment shall be clearly notified at that time whether he will be seeing
				  the psychiatrist or the psychiatrist's assistant.
C. A psychiatrist's assistant may not
				  represent himself as a psychiatrist's assistant in any employment unless an
				  application for approval of duties and supervision has been approved by the
				  Board.
D. The Board shall maintain
				  a registry of psychiatrist's assistants.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.12 - Hearings Following Denial of Application or Re-Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				  disapproves an application for approval of duties and supervision, it shall
				  give notice to the applicant and set forth the specific reasons for the denial.
				  The applicant shall have the right to appear before the Board and be
				  heard.
B. If the applicant desires
				  to be heard, he shall make a written request for a hearing within 10 days of
				  the receipt of the notice of disapproval of his application. The hearing shall
				  be held within 60 days after the written request has been filed.
C. At the hearing the applicant may be
				  represented by counsel and may present witnesses and other evidence on his
				  behalf.
D. The Board shall affirm,
				  reverse, or modify its previous disapproval and give the applicant written
				  notice of the action which it has taken within 30 days after the hearing,
				  unless the applicant agrees to a longer period.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.04 - Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant › Section 10.32.04.13 - Prohibited Conduct, Hearings, and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the commission of a prohibited act,
				  subject to the hearing provisions of Health Occupations Article, §
										14-405, Annotated
				  Code of Maryland, on the affirmative vote of a majority of its full, authorized
				  membership, the Board may:
(1) Reprimand any
				  psychiatrist's assistant;
(2) Place
				  any psychiatrist's assistant on probation; or
(3) Suspend or revoke the registration of a
				  psychiatrist's assistant.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.05 - Telehealth › Section 10.32.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs the practice of medicine using
					 telehealth as an adjunct to, or replacement for, in-person patient
					 visits.