Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.02 - 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) (text unchanged)
(2) "Acts" means Health Occupations Article,
				  Title 14, including subtitles 5A, 5B, 5C, 5E, and 5F, and Title 15, Annotated
				  Code of Maryland.
(3)
				  "Administrative suspension" means an action imposed by a reporting entity
				  restricting a health care provider's privileges or hours or scope of employment
				  for failure of the health care provider to comply with the bylaws, rules,
				  policies, or procedures of the reporting entity.
(4) "Allied health provider" means an
				  individual who is licensed by the Board under Health Occupations Article, Title
				  14, Subtitles 5A, 5B, 5C, or 5E, or Title 15, Annotated Code of
				  Maryland.
(5) "Alternative health
				  system" has the same meaning as alternative health care system as defined in
				  Health Occupations Article, §
											1-401(a),
				  Annotated Code of Maryland.
(6)
				  "Board" means the State Board of Physicians.
(7) "Change" means any
				  of the following actions by a reporting entity:
(a) Terminating or failing to renew a health
				  care provider's staff privileges or employment or contract with the reporting
				  entity ;
(b) Taking disciplinary
				  action against a health care provider who continues to be employed, enjoy
				  privileges, or contract with the reporting entity, including but not limited
				  to:
(i) Suspension;
(ii) Placement on probation; or
(iii) Restriction or limitation of privileges
				  or duties;
(c) Accepting
				  an involuntary resignation as defined in this regulation;
(d) Accepting or acquiescing to an
				  involuntary leave of absence as defined in this regulation;
(e) Accepting or acquiescing to an
				  involuntary alteration in practice as defined in this regulation;
(f) Requesting that a health care staffing
				  entity cease furnishing the services of a particular health care
				  provider;
(g) In the case of a
				  physician, denying:
(i) By a hospital or
				  related institution, an application for staff privileges; or
(ii) By an alternative health care system, an
				  application for employment; or
(h) Terminating the delegation agreement of a
				  physician assistant.
(8)
				  "Failure to report" means the failure of a reporting entity to file a report
				  with the Board as mandated by this chapter.
(9) "Focused professional practice evaluation
				  (FPPE)" means any process used by a reporting entity to assess the competence
				  or proficiency of a health care provider in a certain clinical skill, activity,
				  or procedure.
(10) "Focused review"
				  has the same meaning as "focused professional practice evaluation" as defined
				  in this regulation.
(11) "Good
				  standing" means the health care provider is not suspended, on probation, or
				  subject to any pending disciplinary proceedings, an involuntary alteration in
				  practice, or an involuntary leave of absence, as these terms are defined in
				  this regulation.
(12) "Health care
				  facility" has the meaning stated in Health-General Article, §19-114,
				  Annotated Code of Maryland.
(13) "Health care
				  provider" means a physician or an allied health provider.
(14)
				  "Health care staffing entity" means a business entity that contracts to
				  provide, directly or indirectly, the personal health care services of one or
				  more health care providers to a reporting entity.
(15) "Hospital" has
				  the meaning stated in Health-General Article, §19-301, Annotated Code of
				  Maryland.
(16) "Involuntary
				  alteration in practice" means a modification in the privileges, employment, or
				  contractual duties of a health care provider, whether self-initiated by the
				  health care provider, mutually agreed upon, or requested or suggested by the
				  reporting entity:
(a) After the health care
				  provider has been notified of pending discharge or termination of privileges or
				  a contract, or pending proceedings possibly leading to discharge or termination
				  of privileges or a contract;
(b)
				  While the health care provider is under investigation or subject to an inquiry,
				  a practice review, a focused review, or an FPPE;
(c) After the health care provider has been
				  notified that an investigation or inquiry may begin; or
(d) After the health care provider has been
				  asked to respond to a complaint made to the reporting entity.
(17) "Involuntary leave of
				  absence" means a hiatus, however designated, during which a health care
				  provider does not exercise staff privileges or fulfill the duties of employment
				  or a contract, whether the hiatus was self-initiated, mutually agreed upon, or
				  requested or imposed by the reporting entity, where the health care provider
				  commenced the hiatus:
(a) After being
				  notified of pending discharge or termination of privileges or a contract, or
				  pending proceedings possibly leading to discharge or termination of privileges
				  or a contract;
(b) While under
				  investigation or subject to an inquiry, a practice review, a focused review, or
				  an FPPE;
(c) After being notified
				  that an investigation or inquiry may begin; or
(d) After being asked to respond to a
				  complaint made to the reporting entity.
(18) "Involuntary resignation" means a health
				  care provider's relinquishment of privileges, employment, or a contract with a
				  reporting entity, whether the relinquishment was self-initiated, mutually
				  agreed upon, or had been requested by the reporting entity, and however
				  designated by the health care provider or the reporting entity, if the health
				  care provider resigned:
(a) After being
				  notified that discharge or termination of privileges, employment, or a
				  contract, or that proceedings possibly leading to discharge or termination of
				  privileges, employment, or a contract, would occur if the health care provider
				  would not resign;
(b) While under
				  investigation or subject to an inquiry, a practice review, a focused review, or
				  an FPPE;
(c) After being notified
				  that an investigation or inquiry may begin; or
(d) After being asked to respond to a
				  complaint made to the reporting entity.
(19) "Licensed physician" means an
				  individual, including doctor of osteopathy, who is licensed by the Board to
				  practice medicine.
(20) "Mandated
				  report" means any report required under the Acts or this chapter.
(21) "Naturopathic doctor" means an
				  individual who is licensed by the Board under Health Occupations Article, Title
				  14, Subtitle 5F, Annotated Code of Maryland.
(22) "Privileges" means authorization granted
				  by a reporting entity to a health care provider to provide specific care,
				  treatment, diagnostic services, or other services to patients.
(23) "Related institution" has the meaning
				  stated in Health-General Article, §19-301, Annotated Code of
				  Maryland.
(24) "Reporting entity"
				  means:
(a) A hospital, a related institution,
				  or an alternative health system, as these terms are defined in this regulation;
				  and
(b) An employer of an allied
				  health provider that is not a hospital, a related institution, or an
				  alternative health system.
(25) "Voluntary alteration in practice" means
				  a modification in the privileges, employment, or contractual duties made with
				  respect to a health care provider in good standing that is not an involuntary
				  alteration in practice as defined in this regulation.
(26) "Voluntary leave of absence" means a
				  hiatus from providing health care services taken by a health care provider in
				  good standing that is not an involuntary leave of absence as defined in this
				  regulation.
(27) "Voluntary
				  resignation" means the relinquishment of privileges, employment, or a contract
				  with a reporting entity taken by a health care provider in good standing that
				  is not an involuntary resignation as defined in this
				  regulation.