reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.16 - Petition for Declaratory Ruling › Section 10.32.16.04 - Effect, Revision, and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Effect. A declaratory ruling shall be binding on the Board and the petitioner
				  on the statement of facts covered in the declaratory ruling.
B. Application for Revision.
(1) The petitioner shall file an application
				  for revision within 10 days after the issuance of the declaratory
				  ruling.
(2) The Board shall
				  determine whether to reopen the declaratory ruling.
(3) The Board may summarily deny an
				  application for revision.
(4) An
				  application for revision does not stay the effect of the declaratory ruling. If
				  the Board determines to grant the application and reopen the declaratory
				  ruling, the declaratory ruling is stayed until the Board:
(a) Issues a revised declaratory
				  ruling;
(b) Withdraws the
				  declaratory ruling; or
(c)
				  Withdraws its determination to reopen.
(5) A timely filed application for revision
				  extends the time for judicial appeal of the declaratory ruling until the Board:
(a) Denies the application;
(b) Issues a revised declaratory
				  ruling;
(c) Withdraws the
				  declaratory ruling; or
(d)
				  Withdraws its determination to reopen.
(6) If the Board determines to reopen the
				  declaratory ruling, the Board shall give the applicant notice of the
				  determination and of any subsequent changes to the declaratory ruling. The
				  determination to reopen a declaratory ruling does not confer any procedural
				  rights on the applicant.
(7) The
				  Board shall deny applications for revision which contain additional or revised
				  facts. The Board may treat the application as a request for a new declaratory
				  ruling.
(8) After determining to
				  reopen a declaratory ruling, the Board may take any action which it is
				  authorized to take with respect to original applications for declaratory
				  rulings.
(9) The Board's
				  determination as to whether to reopen the declaratory ruling shall be made
				  within 60 days of the application for revision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.17 - Sexual Misconduct › Section 10.32.17.02 - 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) "Health care practitioner" means an
				  individual licensed under Health Occupations Article, Titles 14 and 15,
				  Annotated Code of Maryland.
(2) Key
				  Third Party.
(a) "Key third party" means an
				  individual who participates in the health and welfare of the patient concurrent
				  with the physician-patient relationship.
(b) "Key third party" includes, but is not
				  limited to the following individuals:
(i)
				  Spouse;
(ii) Partner;
(iii) Family member;
(iv) Guardian;
(v) Surrogate; or
(vi) Proxy designated by durable power of
				  attorney.
(3)
				  Sexual Contact.
(a) "Sexual contact" means
				  the knowing touching directly or through clothing, where the circumstances
				  surrounding the touching would be construed by a reasonable person to be
				  motivated by the health care practitioner's own prurient interest or for sexual
				  arousal or gratification.
(b)
				  "Sexual contact" includes, but is not limited to:
(i) Sexual intercourse, genital to genital
				  contact;
(ii) Oral to genital
				  contact;
(iii) Oral to anal contact
				  or genital to anal contact;
(iv)
				  Kissing in a romantic or sexual manner; or
(v) Nonclinical touching of breasts,
				  genitals, or any other sexualized body part.
(4) "Sexual harassment" means an unwelcome
				  sexual advance, request for sexual favor, or other verbal or physical conduct
				  of a sexual nature.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.17 - Sexual Misconduct › Section 10.32.17.03 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. Health
				  care practitioners may not engage in sexual misconduct.
B. Health Occupations Article, §§
										14-404(a)(3),
				  14-5A-17 '(a)(3),
				  14-5B-14(a)(3), 14-5C-17 (a)(3), 14-5D-14(a)(3), 14-5E-16(a)(3),
				  14-5F-18(a)(19), and 15-314(a)(3), Annotated Code of Maryland, includes, but is
				  not limited to, sexual misconduct.
C. Sexual misconduct includes, but is not
				  limited to:
(1) Engaging in sexual harassment
				  of a patient, key third party, employee, student, or coworker regardless of
				  whether the sexual harassment occurs inside or outside of a professional
				  setting;
(2) Failing to provide
				  privacy for disrobing;
(3)
				  Performing a pelvic or rectal examination without the use of gloves;
(4) Discussing the health care practitioner's
				  sexual problems, sexual likes or dislikes, or fantasies;
(5) Using the health care
				  practitioner-patient relationship to initiate or solicit a dating, romantic, or
				  sexual relationship;
(6) Engaging
				  in a dating, romantic, or sexual relationship which violates §D of this
				  regulation or the code of ethics of the American Medical Association, American
				  Osteopathic Association, American Psychiatric Association, or other
				  professional code of ethics;
(7)
				  Participating in any form of sexual contact with a patient or key third
				  party;
(8) Having nonconsensual
				  sexual contact with a coworker or employee;
(9) Causing a patient or key third party to
				  touch the health care practitioner's breasts, genitals, or any sexualized body
				  part;
(10) Encouraging a patient or
				  key third party to masturbate in the presence of the health care practitioner
				  or masturbation by the health care practitioner while a patient or key third
				  party is present;
(11) Offering to
				  provide practice-related services in exchange for sexual favors; and
(12) Exposing the health care practitioner's
				  breasts, genitals, or any sexualized body part.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.18 - Compelling Purpose Disclosure › Section 10.32.18.01 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A custodian of the Board may find that a compelling public
					 purpose warrants disclosure of information in a certification, licensing, or
					 investigative file, regardless of whether there has been a request for the
					 information, if the information concerns:
A. Possible criminal activity, and is
				  disclosed to a federal, state, or local law enforcement or prosecutorial
				  official or authority;
B. A
				  possible violation of law, and is disclosed to a federal, state, or local
				  authority that has jurisdiction over the individual whose conduct may be a
				  violation or over a facility in which the individual is practicing or has
				  practiced and the information disclosed is limited to that information relevant
				  to the possible violation by that individual; or
C. Conduct by an individual which the Board
				  reasonably believes may pose a risk to the public health, safety, or welfare,
				  and is disclosed to a law enforcement authority, administrative official, or
				  agency that regulates the individual or regulates a facility in which the
				  individual has practiced, or to a hospital or other health care facility where
				  the individual has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.18 - Compelling Purpose Disclosure › Section 10.32.18.02 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prevent or limit the ability of the
					 Board to disclose general licensing information as provided in State Government
					 Article, §
										10-617(h),
					 Annotated Code of Maryland, or any information which the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.19 - Disclosure of Records to State Health Agencies › Section 10.32.19.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not alter the authority of the Secretary
					 under of the Health Occupations Article, §
										1-203(a),
					 Annotated Code of Maryland or Health-General Article, §2-106(c), Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.19 - Disclosure of Records to State Health Agencies › Section 10.32.19.02 - 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) "Board" means the Maryland Board of
				  Physicians.
(2) "Department" means
				  the Department of Health and Mental Hygiene.
(3) "Record" means the proceedings, records,
				  or files of the Board.
(4)
				  "Secretary" means the Secretary of the Department of Health and Mental
				  Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.19 - Disclosure of Records to State Health Agencies › Section 10.32.19.03 - Disclosure of Information to the Department and Agencies Within the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall disclose information contained in a record to the Secretary upon
				  receipt of a written request from the Secretary stating that the requested
				  information is appropriate and needed for:
(1)
				  An investigation of quality or utilization of care in an entity regulated by
				  the Office of Health Care Quality;
(2) An investigation of quality or
				  utilization of care in an entity regulated by the Health Services Cost Review
				  Commission; or
(3) An investigation
				  regarding the introduction or spread of an infectious or contagious disease or
				  other disease that endangers the public health in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.19 - Disclosure of Records to State Health Agencies › Section 10.32.19.04 - Requirements Regarding the Transfer of a Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall disclose the information
				  required under this chapter as soon as reasonably possible, but no later than
				  30 days after a request made under this chapter.
B. The information disclosed by the Board
				  under this chapter shall be sent on paper by first-class mail or by another
				  delivery method agreed to by the Board and the Secretary or agency requesting
				  the information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.19 - Disclosure of Records to State Health Agencies › Section 10.32.19.05 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
Information disclosed by the Board under this chapter shall
					 remain confidential and may not be redisclosed by the Secretary, the Office of
					 Health Care Quality, the Health Services Cost Review Commission, or the
					 Maryland Health Care Commission unless otherwise permitted by
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of perfusion.
B. Except as provided in §C or D of this
				  regulation, on or after October 1, 2013, an individual shall be licensed by the
				  Board before the individual may practice perfusion.
C. This chapter does not prohibit any student
				  who is currently enrolled in an accredited educational program to qualify for a
				  license as a perfusionist from performing any of the procedures described in
				  this chapter as part of that program's clinical curriculum on
				  perfusion.
D. This chapter does not
				  prohibit an individual from practicing a health occupation that the individual
				  is authorized to practice under Health Occupations Article, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.03 - Perfusion Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Board shall appoint members of the Committee as follows:
(1) Three individuals who:
(a) On or before September 30, 2013, practice
				  perfusion and who:
(i) Are certified by a
				  national certifying board; and
(ii)
				  Have a minimum of 2 years of perfusion experience; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.04 - Code of Ethics

Current through Register Vol. 51, No. 14, July 12, 2024
A. The ethical
				  responsibilities of a licensed perfusionist include, but are not limited to,
				  compliance with the principles set forth in §B of this
				  regulation.
B. A licensed
				  perfusionist:
(1) Shall:
(a) Practice medically acceptable methods of
				  treatment and may not endeavor to practice beyond the competence and the
				  authority vested in the perfusionist by the physician;
(b) Report:
(i) Known illegal, unethical, or incompetent
				  conduct; or
(ii) In good faith,
				  suspected illegal, unethical, or incompetent conduct;
(c) Respect the patient's rights and
				  dignity;
(d) Maintain patient
				  confidentiality and protect privileged information;
(e) Place the patient's best interest ahead
				  of all else;
(f) Guard against
				  conflicts of interest including avoiding those involving financial or personal
				  gain;
(g) Uphold the dignity and
				  honor of the profession and abide by its ethical principles; and
(h) Be familiar with existing state and
				  federal laws governing the practice of perfusion and comply with those laws;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.05 - Standards of Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  evaluating the standards of care for the practice of a licensed perfusionist,
				  the Board may consider, but is not limited to, the guidelines published by the
				  American Society of Extracorporeal Technology (AmSECT).
B. If a particular practice issue has not yet
				  been addressed in the AmSECT guidelines, the Board may consult with a licensed
				  perfusionist-advanced.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.06 - Application for Initial Licensure as a Perfusionist

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for either a license as a
				  perfusionist-basic or perfusionist-advanced shall:
(1) Complete an application on a form
				  supplied by the Board;
(2) Pay the
				  required application fee set by the Board in Regulation .13 of this
				  chapter;
(3) Be 18 years old or
				  older;
(4) Be of good moral
				  character;
(5) Demonstrate spoken
				  and written competency in English by any of the following:
(a) Documentation of graduation from a
				  recognized English-speaking high school or undergraduate school after at least
				  3 years of enrollment;
(b)
				  Documentation of graduation from a recognized English-speaking professional
				  school; or
(c) Documentation of
				  receiving a grade of at least:
(i) 26 on the
				  "Speaking Section" of the Internet-based Test of English as a Foreign Language;
				  and
(ii) 79 on the total score of
				  the Internet-based Test of English as a Foreign Language;
(6) If applicable, provide
				  documentation of licensure, certification, or registration from all states and
				  jurisdictions where the applicant has ever held a license, certificate, or
				  registration in any health profession; and
(7) Have no history of public disciplinary
				  action taken, or pending, against any license currently or previously held or
				  expired.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.07 - Scope of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed perfusionist may practice only under the supervision of a licensed
				  physician.
B. The scope of practice
				  of a licensed perfusionist is performance of the functions necessary for the
				  support, treatment, measurement, or supplementation of the cardiovascular,
				  circulatory, or respiratory systems, or other organs to ensure the safe
				  management of physiologic functions by monitoring and analyzing the parameters
				  of the systems.
C. The scope of
				  practice of a licensed perfusionist includes the following special procedures,
				  performed on the order of and under the supervision of a licensed physician:
(1) Cardiopulmonary bypass for adult,
				  pediatric, and neonatal patients;
(2) Extracorporeal circulatory support for
				  renal, neurological, hepatic, and vascular surgery;
(3) Extracorporeal resuscitation;
(4) Extracorporeal circulation for long-term
				  support of failing respiratory or cardiac function;
(5) Extracorporeal membrane
				  oxygenation;
(6) Extracorporeal
				  carbon dioxide removal;
(7)
				  Myocardial protection;
(8)
				  Perfusion-assisted direct coronary artery bypass;
(9) Hemofiltration and
				  hemodialysis;
(10) Anticoagulation
				  and hemostasis monitoring, analysis, and intervention;
(11) Thermal regulation;
(12) Blood gas and blood chemistry
				  monitoring, analysis, and intervention;
(13) Physiological monitoring, analysis, and
				  intervention;
(14) Administration
				  of blood components and pharmaceuticals;
(15) Administration of anesthetic agents
				  through a heart lung machine at the direction of an anesthesiologist;
(16) Ventricular assist device and mechanical
				  circulatory support management;
(17) Intra-aortic balloon
				  counterpulsation;
(18) Temporary
				  pacemaker management;
(19) Periodic
				  flow augmentation therapy;
(20)
				  Autotransfusion;
(21) Platelet gel
				  production, autologous hemocyte tissue matrix production;
(22) Nondifferentiated progenitor cell
				  harvest bone marrow aspirate concentration;
(23) Acute normovolemic
				  hemodilution;
(24) Isolated limb or
				  organ delivery of chemotherapeutics, progenitor cells, gene therapy vectors,
				  and other items;
(25) Organ
				  procurement and preservation;
(26)
				  Thermogenic lavage;
(27)
				  Electrophysiological analysis;
(28)
				  Therapeutic hyperthermia;
(29)
				  Intravascular membrane oxygenation; and
(30) Renal perfusion.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.08 - Identification; Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				  perfusionist shall wear an identification tag or a badge which identifies that
				  individual as a licensed perfusionist.
B. Posting of License.
(1) A licensed perfusionist shall :
(a) Keep a copy of the licensee's license in
				  their employment file; and
(b) Make
				  the license available for inspection upon request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.09 - Terms of Perfusionist-Basic License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Term and Expiration.
(1) A perfusionist-basic license shall expire
				  2 years after it is issued.
(2)
				  Except as provided in §§D and E of this regulation, a
				  perfusionist-basic license may not be renewed or extended beyond the 2-year
				  expiration date.
(3) An individual
				  who previously held a perfusionist-basic license may not be granted a new
				  perfusionist-basic license.
(4)
				  Upon expiration of the perfusionist-basic license, an individual who does not
				  meet the requirements for a perfusionist-advanced license is ineligible for
				  licensure and may not practice perfusion in this State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.10 - Renewal and Reinstatement of Licensure as a Perfusionist-Advanced

Current through Register Vol. 51, No. 14, July 12, 2024
A. Renewal Notice.
				  At least 1 month before the license expires, the Board shall send a renewal
				  notice to the licensed perfusionist-advanced that states:
(1) The date on which the current license
				  expires;
(2) The date by which the
				  renewal application shall be received by the Board for the renewal to be issued
				  and mailed before the license expires; and
(3) The amount of the renewal fee set by the
				  Board in Regulation .13 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.11 - Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application.
(1) The continuing education
				  requirements apply to all renewal applications.
(2) The Board may not renew or reinstate the
				  license of a perfusionist-advanced unless the perfusionist-advanced has met the
				  requirements for continuing education described in §B of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.12 - Clinical Activity

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application.
(1) The clinical activity
				  requirements apply to all renewal applications.
(2) The Board may not renew or reinstate the
				  license of a perfusionist-advanced unless the perfusionist-advanced has met the
				  requirements for clinical activity described in §B of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following non-refundable fees are applicable to
					 perfusionists:
A. Perfusionist initial
				  license application fee:
(1) Before October 1,
				  2015 - $300; and
(2) After October
				  1, 2015 - To be determined and promulgated in regulations by the Board in
				  accordance with Health Occupations Article, §
											14-205(a)(16),
				  Annotated Code of Maryland (Supp. 2013);
(1) License renewal fee - To be determined
				  and promulgated in regulations by the Board in accordance with Health
				  Occupations Article, §
											14-205(a)(16),
				  Annotated Code of Maryland (Supp. 2013);
(2) Maryland Health Care Commission (MHCC)
				  fee - As determined by MHCC under COMAR 10.25.03;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.15 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  otherwise provided in Health Occupations Article, § 14-5 E-01(g),
				  Annotated Code of Maryland, an individual may not practice, attempt to
				  practice, or offer to practice perfusion in this State unless licensed to
				  practice perfusion by the Board.
B.
				  An individual who violates any provision of this chapter is subject to a civil
				  fine of not more than $5,000 to be levied by the Board.
C. The Board shall pay any penalty collected
				  under this regulation into the Board of Physicians Fund.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.16 - Investigations, Hearings, and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints alleging prohibited conduct
				  shall be referred to the Board to be investigated according to the Board's
				  procedures.
B. A hearing on charges
				  issued under Regulation .14 of this chapter or Health Occupations Article,
				  § 14-5 E-16(a), Annotated Code of Maryland, shall be held in accordance
				  with the hearing provisions of Health Occupations Article, §
										14-405, Annotated
				  Code of Maryland.
C. Proceedings
				  for crimes of moral turpitude under Health Occupations Article, § 14-5
				  E-16 (c), Annotated Code of Maryland, or Regulation .14B of this chapter, shall
				  be held in accordance with COMAR 10.32.02.08.
D. Appeals from a final Board decision shall
				  be taken in accordance with Health Occupations Article, § 14-5 E-17,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.17 - Required Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as provided in §B, C, or F of this regulation, hospitals, related
				  institutions, alternative health systems as defined in Health Occupations
				  Article, §
										1-401, Annotated
				  Code of Maryland, 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 perfusionist for any
				  reason that might be grounds for disciplinary action under Health Occupations
				  Article, § 14-5 E-16, Annotated Code of Maryland, or any regulation in
				  this chapter.
B. If the action
				  taken by a hospital, related institution, alternative health system, or
				  employer under §A of this regulation relates to alcohol or drug
				  impairment, the hospital, related institution, alternative health system or
				  employer is not required to report the perfusionist to the Board if:
(1) The hospital, related institution,
				  alternative health system, or employer knows that the licensed perfusionist is:
(a) In an alcohol or drug treatment program
				  that is:
(i) Accredited by The Joint
				  Commission or its successor; or
(ii) Certified by the Department of Health
				  and Mental Hygiene; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.20 - Licensure of Perfusionists › Section 10.32.20.18 - Fines, Penalties, and Sanctioning

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Application of Sanctioning
				  Guidelines.
(1) Sections A and B of this
				  regulation and Regulation .19 of this chapter do not apply to offenses for
				  which a mandatory sanction is set by statute or regulation.
(2) Except as provided in §B of this
				  regulation, for violations of Health Occupations Article § 14-5 E-16
				  Annotated Code of Maryland, listed in the sanctioning guidelines, the Board
				  shall impose a sanction not less severe than the minimum listed in the
				  sanctioning guidelines nor more severe than the maximum listed in the
				  sanctioning guidelines for each offense.
(3) Ranking of Sanctions.
(a) For the purposes of this regulation, the
				  severity of sanctions is ranked as follows, from the least severe to the most
				  severe:
(i) Reprimand;
(ii) Probation;
(iii) Suspension; and
(iv) Revocation.
(b) A stayed suspension in which the stay is
				  conditioned on the completion of certain requirements is ranked as
				  probation.
(c) A stayed suspension
				  not meeting the criteria for §A(3)(b) of this regulation is ranked as a
				  reprimand.
(d) A fine listed in the
				  sanctioning guidelines may be imposed in addition to, but not as a substitute
				  for a sanction. If a fine is listed, then at least the minimum fine will be
				  imposed in addition to the sanction.
(e) The imposition of a fine does not affect
				  the making of the sanction.
(4) The Board may impose more than one
				  sanction, provided that the most severe sanction neither exceeds the maximum
				  nor is less than the minimum sanction permitted in the chart.
(5) Any sanction may be accompanied by
				  conditions reasonably related to the offense or to the rehabilitation of the
				  offender. The inclusion of conditions does not change the ranking of the
				  sanction.
(6) If a licensee has
				  violated more than one ground for discipline as set out in the sanctioning
				  guidelines:
(a) The sanction with the highest
				  severity ranking should be used to determine which ground will be used in
				  developing a sanction; and
(b) The
				  Board may impose concurrent sanctions based on other grounds
				  violated.
(7)
				  Notwithstanding the sanctioning guidelines set forth in Regulation .19 of this
				  chapter, in order to resolve a pending disciplinary action, the Board and the
				  licensee may agree to a surrender of license or a consent order with terms and
				  sanction agreed to by the Board, the administrative prosecutor, and the
				  licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs how an individual becomes licensed as
					 a naturopathic doctor and how naturopathic doctors are regulated and
					 disciplined.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.02 - 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) "Approved naturopathic medical program"
				  means a naturopathic medical education program:
(a) In the United States that:
(i) Provides the degree of Doctor of
				  Naturopathy or Doctor of Naturopathic Medicine;
(ii) Offers a 4-year graduate level full-time
				  didactic and supervised clinical training;
(iii) Is accredited or has achieved candidacy
				  status for accreditation, by the council on naturopathic medial education or an
				  equivalent federally and Board recognized accrediting body for naturopathic
				  medical education programs; and
(iv) Is part of an institution of higher
				  education that is either accredited, or is a candidate for accreditation, by a
				  regional or national institutional accrediting agency recognized by the United
				  States Secretary of Education;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.03 - Naturopathic Medicine Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Committee shall consist of five
				  members appointed by the Board as follows:
(1) Two members shall be individuals who:
(a) Practice naturopathic medicine;
(b) Are certified by the North American Board
				  of Naturopathic Examiners;
(c) Have
				  a minimum of 2 years' experience in naturopathic medicine; and
(d) By March 1, 2016 or thereafter, are
				  licensed as a naturopathic doctor;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.04 - Qualifications for Initial Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify for a license, an applicant
				  shall meet the following requirements:
(1) Be
				  of good moral character;
(2) Be at
				  least 21 years of age;
(3) Have a
				  doctorate in naturopathic medicine from an approved naturopathic medical
				  program;
(4) Pass a competency
				  based national naturopathic licensing examination part I and part II
				  administered by the North American Board of Naturopathic Examiners or its
				  successor agency that is consistent with federal standards of education and
				  training;
(5) Be physically and
				  mentally capable of safely practicing naturopathic medicine with or without
				  reasonable accommodation; and
(6)
				  If an applicant is licensed, certified, or registered to practice naturopathic
				  medicine or any other health occupation in another state, be in good standing
				  with the applicable state licensing, certification, or registration
				  authority.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.05 - Written Attestation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant shall complete and submit to the Board a Board-approved written
				  attestation that:
(1) States that the
				  applicant has a collaboration and consultation agreement with a physician
				  licensed in this State under Health Occupations Article, Title 14, Annotated
				  Code of Maryland;
(2) Includes the
				  name and license number of the physician with whom the applicant has a
				  collaboration and consultation agreement;
(3) States that the applicant will require
				  patients to sign a consent form in plain language that:
(a) The naturopathic doctor's practice of
				  naturopathic medicine is limited to the scope of practice identified in Health
				  Occupations Article, § 14-5 F-14, Annotated Code of Maryland;
				  and
(b) Describes the differences
				  in scope of practice between naturopathic doctors and physicians;
(4) States that naturopathic
				  doctors shall refer patients to and consult with physicians and other health
				  care providers licensed or certified under the Health Occupations Article as
				  needed; and
(5) In cases where the
				  naturopathic doctor diagnoses a patient with a life threatening condition,
				  states that the naturopathic doctor shall:
(a)
				  Counsel and discuss with the patient the potential benefits offered by other
				  physicians or other healthcare professionals; and
(b) Attempt to make the appropriate
				  referral.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.07 - Exceptions to Licensure Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The following individuals do not need to be licensed in
					 order to practice naturopathy in Maryland:
A. An individual who is employed by the
				  United States Government to practice naturopathic medicine while practicing
				  within the scope of that employment;
B. A student who is enrolled in an approved
				  naturopathic medical program while the student is participating in a course of
				  study under the supervision of a licensed naturopathic doctor or a licensed
				  professional in the field of study;
C. An individual who is licensed in another
				  state to practice naturopathic medicine in the state for purposes of litigation
				  may examine a patient, offer recommendations, and provide testimony;
				  or
D. A naturopathic doctor
				  licensed by and residing in another jurisdiction, if the naturopathic doctor is
				  engaged in consultation with the naturopathic doctor in the state about a
				  particular patient and does not direct patient care.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.08 - Scope of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A license authorizes a licensee, consistent with
					 naturopathic education, training, and competence demonstrated by passing the
					 Naturopathic Physician Licensing Examination, to:
A. Order and perform physical and laboratory
				  examinations for diagnostic purposes consistent with the education and training
				  of naturopathic doctors, including:
(1)
				  Phlebotomy;
(2) Clinical laboratory
				  tests;
(3) Orifical
				  examinations;
(4)
				  Electrocardiograms with over read by a cardiologist; and
(5) Physiological function tests;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.09 - Prohibited Actions

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who is solely licensed as a naturopathic
					 doctor may not:
A. Prescribe,
				  dispense, or administer any prescription drug;
B. Perform surgical procedures;
C. Unless licensed under the Health
				  Occupations Article, Annotated Code of Maryland, practice or claim to practice
				  as:
(1) A medical doctor or
				  physician;
(2) An
				  osteopath;
(3) A dentist;
(4) A podiatrist;
(5) An optometrist;
(6) A psychologist;
(7) A nurse practitioner;
(8) A physician assistant;
(9) A chiropractor;
(10) A physical therapist;
(11) An acupuncturist; or
(12) Any other health care
				  professional;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.10 - Renewals and Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Renewals.
(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.
(2) The term of a
				  license renewed by the Board is 2 years from the date of renewal.
(3) A license expires at the end of its term
				  unless the license is renewed as provided by the Board.
(4) At least 1 month before the license
				  expires, the Board shall send to the licensee a renewal notice that states:
(a) The date on which the current license
				  expires;
(b) The date by which the
				  renewal application shall be received by the Board for the renewal to be issued
				  before the license expires; and
(c)
				  The amount of the renewal fee as specified in Regulation .20 of this
				  chapter.
(5) The Board
				  shall renew the license of a licensee who:
(a)
				  Submits a renewal application on the form that the Board requires;
(b) Pays a renewal fee as specified in
				  Regulation .20 of this chapter;
(c)
				  Is otherwise entitled to be licensed;
(d) Meets the continuing education
				  requirements as set forth in Regulation 11 of this chapter;
(e) Provides evidence of biennial
				  cardiopulmonary resuscitation certification; and
(f) Attests that the licensee submitted to a
				  criminal history records check in accordance with Health Occupations Article,
				  §
												14-308.1,
				  Annotated Code of Maryland, but only if the licensee was licensed by the Board
				  before October 1, 2016, and only as a requirement for the March 31, 2018,
				  renewal cycle.
(6) The
				  failure to receive a renewal notice does not excuse a licensee from complying
				  with §A(3) of this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.11 - Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements. A licensed naturopathic
				  doctor shall take at least 50 hours of continuing education credits during
				  every 2-year renewal period:
(1) For license
				  renewal, preceding the expiration of the license for a naturopathic doctor;
				  or
(2) For license reinstatement,
				  preceding the date of the submission of the application for
				  reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.14 - Investigations and Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as otherwise provided in State Government Article, Title 10, Subtitle 2,
				  Annotated Code of Maryland, before the Board or a disciplinary panel takes any
				  action under Health Occupations Article, § 14-5 F-18(a), Annotated Code of
				  Maryland, the Board shall give the individual against whom the action is
				  contemplated an opportunity for a hearing before the Board or disciplinary
				  panel in accordance with the hearing requirements of Health Occupations
				  Article, §
										14-405, Annotated
				  Code of Maryland.
B. Crime
				  Involving Moral Turpitude.
(1) On the filing
				  of certified docket entries with the Board by the Office of the Attorney
				  General, a disciplinary panel shall order the suspension of a license if the
				  licensee is convicted or pleads guilty or nolo contendere with respect to a
				  crime involving moral turpitude, whether or not any appeal or other proceeding
				  is pending to have the conviction or plea set aside.
(2) After completion of the appellate
				  process, if the conviction has not been reversed or the plea has not been set
				  aside with respect to a crime involving moral turpitude, a disciplinary panel
				  shall order the revocation of a license on the certification by the office of
				  the attorney general.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.15 - Cost of Bringing an Action Against a Licensee

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after a hearing, a licensee is found
				  to have violated provisions of Health Occupations Article, § 14-5 F-18,
				  Annotated Code of Maryland, the Board shall impose a fee on the licensee that
				  shall approximate the Board's cost of bringing the proceedings against the
				  licensee.
B. The hearing costs may
				  include any or all of the following expense items:
(1) Services rendered by court
				  reporters;
(2) Transcriptions of
				  the hearing record by court reporters;
(3) Expenses related to witnesses appearing
				  for the State;
(4) Obtaining or
				  reproducing documents, exhibits, or other evidentiary items;
(5) Hearing-related per diems and expenses
				  for Board members; or
(6) Any other
				  expenses directly related to the investigation and prosecution of the
				  disciplinary action against the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.16 - Unauthorized Practice of Naturopathic Medicine and Title and Identification as Naturopathic Doctor.

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  otherwise provided in this chapter, an individual may not practice, attempt to
				  practice, or offer to practice naturopathic medicine in this State without a
				  license. An individual who violates this section:
(1) Is guilty of a felony and upon conviction
				  is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5
				  years or both; and
(2) Is subject
				  to a civil fine of no more than $50,000 to be levied by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.17 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed naturopathic doctor, a licensed health care practitioner, a health
				  care facility as defined in Health-General Article, §19-114, Annotated
				  Code of Maryland, located in the State, and a State agency shall file a written
				  report with the Board if the person has information that gives the person
				  reason to believe that a licensed naturopathic doctor is or may be:
(1) Medically or legally
				  incompetent;
(2) Engaged in the
				  unauthorized practice of naturopathic medicine;
(3) Guilty of unprofessional conduct;
				  or
(4) Mentally or physically
				  unable to engage safely in the practice of naturopathic medicine.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.18 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
An advertisement may not contain:
A. A statement containing misrepresentation
				  of facts;
B. Statements that cannot
				  be verified by the Board for truthfulness;
C. Statements likely to mislead or deceive
				  because in context the statements make only a partial disclosure of relevant
				  facts;
D. Statements intended to,
				  or likely to, create false or unjustified expectations of favorable
				  results;
E. Statements containing
				  representations or implications that in reasonable probability can be expected
				  to cause an ordinary prudent person to misunderstand or be deceived;
F. Statements containing representations that
				  a naturopathic doctor is willing to perform any procedure which is illegal
				  under the laws or regulations of this State or the United States;
G. Statements that are untruthful and
				  improbable or contain, misstatements, falsehoods, misrepresentations,
				  distorted, or fabulous statements as to cures;
H. Statements that misrepresents the nature,
				  characteristics, or qualities of natural medicines or services provided by a
				  naturopathic doctor pursuant to Health Occupations Article, § 14-5
				  F-14(a)(3), (4), (5), (6), or (7), Annotated Code of Maryland;
I. Statements that a manifestly incurable
				  condition can be permanently cured;
J. Statements promoting herbal, natural, or
				  dietary supplements as drugs contrary to the laws, rules, and regulations of
				  the Federal Food, Drug, and Cosmetic Act as amended by the Dietary Supplement
				  Health and Education Act of 1994;
K. Advertising that does not comply with
				  state or federal law, including the:
(1)
				  Federal Trade Commission Act, Section 12 of
				  15 U.S.C. §
												52;
(2) Federal Food, Drug and Cosmetic Act,
				  21 U.S.C. §§
												301 -
				  397;
(3) Maryland Food, Drug, and Cosmetic Act,
				  Health-General Article, §21-207, et seq., Annotated Code of Maryland;
				  and
(4) Commercial Law Article,
				  §
											14-2902, Annotated
				  Code of Maryland;