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 10.32.03.11 - Prohibited Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  may deny a license, reprimand a physician assistant, place a physician
				  assistant on probation, or suspend or revoke a license if the physician
				  assistant:
(1) Fraudulently or deceptively
				  obtains or attempts to obtain a license for the applicant or the licensee or
				  for another;
(2) Fraudulently or
				  deceptively uses a license;
(3) Is
				  guilty of:
(a) Immoral conduct in the
				  practice of medicine; or
(b)
				  Unprofessional conduct in the practice of medicine;
(4) Is professionally, physically, or
				  mentally incompetent;
(5) Solicits
				  or advertises in violation of Health Occupations Article, §
											14-503, Annotated
				  Code of Maryland;
(6) Abandons a
				  patient;
(7) Is habitually
				  intoxicated;
(8) Is addicted to, or
				  habitually abuses, any narcotic or controlled dangerous substance as defined in
				  Criminal Law Article, §
											5-101, Annotated Code of
				  Maryland;
(9) Provides professional
				  services:
(a) While under the influence of
				  alcohol; or
(b) While using any
				  narcotic or controlled dangerous substance, as defined in Criminal Law Article,
				  §
												5-101, Annotated Code of
				  Maryland, or other drug that is in excess of therapeutic amounts or without
				  valid medical indication;
(10) Promotes the sale of drugs, devices,
				  appliances, or goods to a patient so as to exploit the patient for financial
				  gain;
(11) Willfully makes or files
				  a false report or record in the practice of medicine;
(12) Willfully fails to file or record any
				  medical report as required under law, willfully impedes or obstructs the filing
				  or recording of the report, or induces another to fail to file or record the
				  report;
(13) On proper request, and
				  in accordance with the provisions of Health-General Article, Title 4, Subtitle
				  3, Annotated Code of Maryland, fails to provide details of a patient's medical
				  record to the patient, another physician, or hospital;
(14) Solicits professional patronage through
				  an agent or other person or profits from the acts of a person who is
				  represented as an agent of the physician assistant;
(15) Pays or agrees to pay any sum to any
				  person for bringing or referring a patient or accepts or agrees to accept any
				  sum from any person for bringing or referring a patient;
(16) Agrees with a clinical or bioanalytical
				  laboratory to make payments to the laboratory for a test or test series for a
				  patient, unless the licensed physician assistant discloses on the bill to the
				  patient or third-party payor:
(a) The name of
				  the laboratory;
(b) The amount paid
				  to the laboratory for the test or test series; and
(c) The amount of procurement or processing
				  charge of the licensed physician, if any, for each specimen taken;
(17) Makes a willful
				  misrepresentation in treatment;
(18) Practices medicine with an unauthorized
				  person or aids an unauthorized person in the practice of medicine;
(19) Grossly over-utilizes health care
				  services;
(20) Offers, undertakes,
				  or agrees to cure or treat disease by a secret method, treatment, or
				  medicine;
(21) Is disciplined by a
				  licensing or disciplinary authority or convicted or disciplined by a court of
				  any state or country or disciplined by any branch of the United States
				  uniformed services or the Veterans' Administration for an act that would be
				  grounds for disciplinary action under Health Occupations Article, §
											15-314, Annotated
				  Code of Maryland;
(22) Fails to
				  meet appropriate standards as determined by appropriate peer review for the
				  delivery of quality medical and surgical care performed in an outpatient
				  surgical facility, office, hospital, or any other location in this
				  State;
(23) Willfully submits false
				  statements to collect fees for which services are not provided;
(24) Was subject to investigation or
				  disciplinary action by a licensing or disciplinary authority or by a court of
				  any state or country for an act that would be grounds for disciplinary action
				  under this regulation and the licensee:
(a)
				  Surrendered the license issued by the state or country to the state or country;
				  or
(b) Allowed the license issued
				  by the state or country to expire or lapse;
(25) Knowingly fails to report suspected
				  child abuse in violation of Family Law Article, §
											5-704, Annotated Code of
				  Maryland;
(26) Fails to educate a
				  patient being treated for breast cancer of alternative methods of treatment as
				  required by Health-General Article, §20-113, Annotated Code of
				  Maryland;
(27) Sells, prescribes,
				  gives away, or administers drugs for illegal or illegitimate medical
				  purposes;
(28) Fails to comply with
				  the provisions of Health Occupations Article, §
											12-102, Annotated
				  Code of Maryland;
(29) Refuses,
				  withholds from, denies, or discriminates against an individual with regard to
				  the provision of professional services for which the licensee is licensed and
				  qualified to render because the individual is HIV positive;
(30) Except as to an association that has
				  remained in continuous existence since July 1, 1963:
(a) Associates with a pharmacist as a partner
				  or co-owner of a pharmacy for the purpose of operating a pharmacy;
(b) Employs a pharmacist for the purpose of
				  operating a pharmacy; or
(c)
				  Contracts with a pharmacist for the purpose of operating a pharmacy;
(31) Except in an emergency
				  life-threatening situation where it is not feasible or practicable, fails to
				  comply with the Centers for Disease Control and Prevention's guidelines on
				  universal precautions;
(32) Fails
				  to display the notice required under Health Occupations Article, §
											14-415, Annotated
				  Code of Maryland;
(33) Fails to
				  cooperate with a lawful investigation conducted by the Board;
(34) Is convicted of insurance fraud as
				  defined in Insurance Article, §
											27-801, Annotated Code of
				  Maryland;
(35) Is in breach of a
				  service obligation resulting from the applicant's or licensee's receipt of
				  State or federal funding for the licensee's medical education;
(36) Willfully makes a false representation
				  when seeking or making application for licensure or any other application
				  related to the practice of medicine;
(37) By corrupt means, threats, or force,
				  intimidates or influences, or attempts to intimidate or influence, for the
				  purpose of causing any person to withhold or change testimony in hearings or
				  proceedings before the Board or those otherwise delegated to the Office of
				  Administrative Hearings; or
(38) By
				  corrupt means, threats, or force, hinders, prevents, or otherwise delays any
				  person from making information available to the Board in furtherance of any
				  investigation of the Board.