reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.02-1 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1)
											42 CFR §§
												494.1-
				  494.110, as amended; and
(2)
											42 CFR §§
												494.130-
				  494.180, as amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.03 - Categories of Dialysis

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  categories of dialysis listed in §§B-F of this regulation are
				  recognized on the basis of differing facility requirements.
B. Acute Dialysis. Acute dialysis is not
				  reimbursable under the Kidney Disease Program and nothing in this subtitle is
				  meant to refer to acute dialysis.
C. Chronic Dialysis.
(1) Chronic dialysis may be provided in the
				  dialysis facilities defined and described in this subtitle.
(2) Chronic dialysis may be preceded by
				  adequate studies to confirm that the renal failure is irreversible.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.04 - Classifications of Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Renal Transplant Center.
(1) A renal
				  transplant center shall be a physically discrete unit or division within a
				  hospital approved by the Joint Commission on Accreditation of Healthcare
				  Organizations having the staff and facilities capable of evaluating potential
				  candidates for renal transplantation.
(2) Transplantation Service. The
				  transplantation division may be administratively and physically separate from
				  the dialysis division, but shall work in close cooperation with an associated
				  dialysis program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.05 - Patient Selection Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  General Considerations.
(1) Selection of
				  patients for dialysis and renal transplantation shall be on medical grounds
				  alone.
(2) Selection may not be
				  based on age, race, sex, social background, national origin, religion, or
				  financial resources.
(3) The Kidney
				  Disease Program is financially responsible only for residents of the State who
				  are certified as eligible for participation in the Kidney Disease
				  Program.
(4) Maryland residents
				  treated in dialysis facilities or transplant centers outside the State are not
				  eligible for reimbursement unless the treatment has been preauthorized by the
				  Commission.
(5) The Commission may
				  authorize a treatment for documented reasons of continuity of care, or
				  geographical proximity of the patient's residence to the dialysis facility or
				  transplant center, or both.
(6)
				  Patient selection is the responsibility of the dialysis or transplant centers,
				  or both, but shall conform to the medical guidelines established in §B of
				  this regulation.
(7) Except as
				  provided in §C of this regulation, if a patient is accepted by a facility
				  for dialysis, transplantation, or both, the patient is the responsibility of
				  that facility and the facility's staff until that responsibility is terminated
				  by mutual agreement between the facility and patient.
(8) The Commission shall review each
				  facility's policy regarding discharge of patients from the facility's
				  program.
(9) Any separation that is
				  not mutually accepted shall be documented in writing by the facility and
				  reviewed by the Commission to determine whether there has been a violation of
				  laws or regulations of the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.06 - Reimbursement Principles

Current through Register Vol. 51, No. 14, July 12, 2024
A certified facility and recipient shall comply with COMAR
					 10.20.01 and with the requirements of this chapter to be eligible for
					 reimbursement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.07 - Procedures for Certification of Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Providers or consumers of medical care
				  contemplating development of a transplant center or a dialysis facility shall
				  notify the Commission within 30 days of applying for licensure or certification
				  with the Office of Health Care Quality of the Department.
B. The Department or the Commission, or both,
				  shall:
(1) Review the facility application;
				  and
(2) Survey for compliance with
				  this subtitle.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.08 - Affiliation Guidelines

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  assure quality and continuity of patient care, formal affiliation agreements
				  shall be negotiated as required in the standards and guidelines of the
				  Commission. The affiliation agreement shall be constructed so no entity
				  benefits financially.
B.
				  Affiliation agreements shall include, but not necessarily be limited to, the:
(1) Means by which patients may be
				  transferred between the affiliated institutions for the purpose of providing
				  dialysis, transplantation services, or other medical care;
(2) Conditions under which dialysis
				  facilities, hospitals, and transplant centers agree to provide medical backup
				  facility to assure optimal patient care;
(3) Mechanisms for assuring quality of care
				  including provisions for consultative help and review of patient
				  progress;
(4) Provisions of or
				  referral to a certified home dialysis training program with specific mechanisms
				  for ensuring adequate supervision and assistance for patients on home dialysis;
				  and
(5) Specific provisions by
				  hospitals to end-stage renal disease patients for dialysis services as well as
				  adequate:
(a) Laboratory services;
(b) Social services; and
(c) Dietetic services;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.09 - Residency Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
To be eligible for the Kidney Disease Program, an
					 individual shall be one of the following:
A. A citizen of the United States residing in
				  Maryland;
B. An alien lawfully
				  admitted for permanent residence or otherwise permanently residing in the
				  United States under color of law, including an alien who is lawfully present in
				  the United States pursuant to 8 U.S.C. §
											1101 et seq. and
				  who is residing in Maryland; or
C.
				  An alien lawfully admitted under authority of the Indo-China Migration and
				  Refugee Assistance Act of 1975 and who is residing in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.10 - Certification and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Certification.
(1) The Commission, through
				  the Department, shall certify a facility or center to perform dialysis upon
				  determination that the facility or center meets the standards adopted by the
				  Commission, including:
(a)
												42 CFR §§
													494.1-
				  494.110, as amended; and
(b)
												42 CFR §§
													494.130-
				  494.180, as amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.01 - General Regulations › Section 10.30.01.11 - Miscellaneous Items

Current through Register Vol. 51, No. 14, July 12, 2024
A. A serious
				  occurrence which threatens the safety and health of the patients shall be
				  reported immediately by a facility to the Commission, local health department,
				  and the Office of Health Care Quality of the Department.
B. In the event of a natural disaster or
				  other imminent threat to the safety or health of a group of dialysis patients,
				  the Secretary may immediately authorize, with timely notification of all
				  involved professional personnel and patients, the:
(1) Relocation of an existing dialysis
				  facility or center; and
(2)
				  Transfer of dialysis patients in accordance with medical needs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.02 - Transplant Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Location and Program Affiliation.
(1) Centers
				  seeking certification as transplant centers, under Health-General Article,
				  Title 13, Subtitle 3, Annotated Code of Maryland, shall be located in hospitals
				  that are accredited by the Joint Commission on Accreditation of Healthcare
				  Organizations and participate in a patient registry program with a certified
				  organ procurement organization.
(2)
				  An agreement shall exist with an established functioning tissue typing
				  laboratory providing 24-hour-a-day service.
(3) The hospital shall provide an active
				  nephrology service to provide for continuity of care.
(4) The transplantation program shall conform
				  to generally accepted medical standards for tissue typing and for
				  transplantation.
(5) For the
				  purpose of protecting patient safety and welfare, a transplant center may not
				  discontinue or phase out patient services until:
(a) The transplant center has notified the
				  Commission of the transplant center's intention;
(b) Patients being treated by that transplant
				  center have been transferred to another transplant center;
(c) Patients' continuing care has been
				  assured to the satisfaction of the patient and the Commission;
(d) The transplant center submits to the
				  Commission evidence that the transfer of patients to another transplant center
				  has been satisfactorily accomplished; and
(e) Patients being treated in a transplant
				  center that is withdrawing from the Kidney Disease Program are provided
				  continued access to the same reimbursement principles of the Kidney Disease
				  Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.03 - Freestanding Dialysis Facilities - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Location and Program Affiliation.
(1) Freestanding dialysis facilities seeking
				  a certification as a freestanding dialysis facility, under the terms of
				  Health-General Article, Title 13, Subtitle 3, Annotated Code of Maryland, shall
				  have, for the diagnosis and treatment of irreversible renal failure and its
				  complications, arrangements with:
(a) A
				  laboratory that meets the needs of end-stage renal disease patients;
(b) A hospital that can provide acute care
				  services to meet the needs of end-stage renal disease patients;
(c) A backup dialysis facility; and
(d) Transplant services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.04 - Freestanding Dialysis Facilities - Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nephrologist or Physician.
(1) The director of a freestanding dialysis
				  facility shall be a nephrologist or a physician with at least 1 year of
				  experience in chronic hemodialysis.
(2) Each freestanding dialysis facility shall
				  have at least one additional nephrologist or physician trained in dialysis
				  techniques to provide adequate continuous coverage.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.05 - Nocturnal Hemodialysis Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nephrologist or Physician.
(1) The director of a freestanding dialysis
				  facility shall be a nephrologist or a physician with at least 1 year of
				  experience in chronic hemodialysis.
(2) A freestanding dialysis facility shall
				  have at least one additional nephrologist or physician trained in dialysis
				  techniques to provide adequate continuous coverage.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.06 - Home Dialysis Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Location and Program Affiliation.
(1) Home
				  hemodialysis or peritoneal dialysis programs, or both, may be situated in
				  either a dialysis facility or hospital, as long as the appropriate standards
				  are satisfied.
(2) To assure
				  quality and continuity of patient care, the home dialysis program shall
				  negotiate a formal affiliation agreement compliant with COMAR 10.30.01.08.
(3) The home dialysis program
				  shall be affiliated with a certified transplantation center.
(4) Home dialysis programs shall provide
				  sufficient backup dialysis stations through specific affiliation agreements
				  with certified dialysis facilities.
(5) Home dialysis training performed by
				  dialysis centers or facilities shall also meet the standards established in
				  this regulation.
(6) Home dialysis
				  programs shall make arrangements for appropriate medical records, patient care
				  policies, dietetic services, social services, sanitation standards, and fire
				  and safety standards.
(7) Patients
				  dialyzing at home shall keep records of dialysis treatments and supplies
				  used.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.02 - Physical and Medical Standards › Section 10.30.02.07 - Self-Care Dialysis Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Location and Program Affiliation.
(1)
				  Self-care dialysis facilities may be situated in free-standing dialysis
				  facilities as long as appropriate standards are satisfied.
(2) To assure quality and continuity of
				  patient care, including backup dialysis, the self-care dialysis facility or a
				  hospital shall negotiate a formal affiliation agreement compliant with COMAR
				  10.30.01.08.
(3) Self-care
				  dialysis facilities shall make arrangements for appropriate medical records,
				  patient care policies, sanitation standards, and fire and life safety standards
				  as defined in federal regulations for Medicare Programs and those of the
				  Commission.
(4) Self-care dialysis
				  facilities shall keep records of dialysis frequency and other factors relating
				  to cost determination.
(5) For the
				  purpose of protecting patient safety and welfare, a self-care dialysis facility
				  may not withdraw or phase out services until:
(a) The self-care dialysis facility has
				  notified the Commission as soon as possible of the self-care dialysis
				  facility's intention to discontinue services;
(b) Patients being treated by that self-care
				  dialysis facility have been transferred to another facility or the patients'
				  continuing care assured to the satisfaction of the patients and the
				  Commission;
(c) The self-care
				  dialysis facility submits to the Commission evidence that transfer of patients
				  to another facility has been satisfactorily accomplished; and
(d) Patients previously certified and being
				  treated in a self-care dialysis facility that is being withdrawn from the
				  Kidney Disease Program continue to have access to the same reimbursement
				  principles of the Kidney Disease Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.03 - Transmissible Diseases › Section 10.30.03.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
Control of Communicable Diseases Manual which can be found
					 in depository libraries under COMAR
					 10.06.01.01F -1
					 is incorporated by reference.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.03 - Transmissible Diseases › Section 10.30.03.02 - Patient Selection - Unrestricted Access to Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. An end stage renal disease patient with
				  any transmissible disease, may not be denied dialysis or transplantation by a
				  certified Maryland dialysis or transplantation facility solely because of the
				  potential for transmission of the transmissible disease, to other patients or
				  treatment personnel.
B. If tours of
				  the dialysis facility take place, the facility shall inform visitors of the
				  risk of transmissible disease exposure and encourage thorough hand washing at
				  the end of the tour.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.03 - Transmissible Diseases › Section 10.30.03.03 - Preventive Measures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  facility shall follow the infection control procedures established in the
				  Control of Communicable Diseases Manual designed by the Centers for Disease
				  Control (CDC) to control the spread of transmissible diseases.
B. General.
(1) The cardinal measure for preventing the
				  spread of transmissible diseases is an understanding on the part of dialysis
				  and transplantation personnel that each end-stage renal disease patient is
				  potentially a transmitter of transmissible diseases.
(2) Hand Washing.
(a) Dialysis personnel shall practice
				  thorough hand washing, per the Control of Communicable Diseases Manual, between
				  successive contacts with dialysis patients.
(b) Dialysis facilities and transplant
				  centers shall contain adequate hand washing facilities within the patient care
				  area.
(3) Dialysis
				  facilities and transplant centers shall conduct an in-service training session
				  for transmissible disease including hepatitis and the control of hepatitis for
				  newly employed dialysis personnel before the dialysis personnel may participate
				  in patient care, and at least annually for all dialysis personnel.
(4) Dialysis facilities and transplant
				  centers shall establish and enforce written procedures to implement the control
				  of transmissible disease including viral hepatitis as set forth in the Control
				  of Communicable Diseases Manual.
(5) Hepatitis B vaccine is recognized to be
				  effective in producing immunity and is recommended for all staff and patients
				  who are susceptible to hepatitis B virus infection.
(6) Dialysis facilities and transplant
				  centers shall document testing to demonstrate active immunity by appropriate
				  antibody titers.
(7) Hepatitis
				  testing shall be conducted on patients and staff according to the Control of
				  Communicable Diseases Manual.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.03 - Transmissible Diseases › Section 10.30.03.04 - Detection Measures

Current through Register Vol. 51, No. 14, July 12, 2024
Dialysis facilities and transplant centers shall develop
					 quality assessment and performance improvement (QAPI) measures for the
					 surveillance of infection control practices.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.04 - Dialyzer Reuse and Water Standards › Section 10.30.04.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1)
											42 CFR §
												494.40, as amended; and
(2)
											42 CFR §
												494.50, as amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.04 - Dialyzer Reuse and Water Standards › Section 10.30.04.02 - Dialyzer Reuse Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Patient Information.
(1) The freestanding
				  dialysis facility shall:
(a) Provide
				  information to the patient or, if appropriate, the patient's health care
				  decision maker concerning the center's reuse of dialysis supplies, including
				  hemodialyzers and tubing and their suitability for reuse; and
(b) Obtain the patient's or, if appropriate,
				  the patient's health care decision maker's informed consent regarding the reuse
				  of dialysis supplies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.04 - Dialyzer Reuse and Water Standards › Section 10.30.04.03 - Water Standards - Water Treatment System - Dialysis Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The dialysis
				  facility shall record in a log system malfunctions or temporary failures to
				  meet standards. Extended failure of 1 day or longer is unsuitable and out of
				  compliance with these regulations.
B. The dialysis facility shall report system
				  malfunctions at once to:
(1) The Office of
				  Health Care Quality of the Department;
(2) The supplier as to the unprotected state
				  of the dialysis facility; and
(3)
				  The Commission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.05 - Fee Schedule › Section 10.30.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs dialysis facilities and transplant
					 centers, except those exempted by statute, that are certified by the Commission
					 for eligibility for reimbursement by the Kidney Disease Program for performance
					 of dialysis or transplantation on certified patients with end-stage renal
					 disease.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.05 - Fee Schedule › Section 10.30.05.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following certification fees are established by the
					 Commission and may be prorated for initial certification of a partial
					 year:
A. Facilities with 0-39 patients
				  ... $693;
B. Facilities with 40-49
				  patients ... $1,274;
C. Facilities
				  with 50 or more patients ... $1,500;
D. Late fee ... 10 percent of fee;
				  and
E. Facility roster fee (fee may
				  be waived for patients) ... $55.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.05 - Fee Schedule › Section 10.30.05.03 - Terms

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility shall
				  pay to the Commission the certification fees set forth in Regulation .02 of
				  this chapter within 30 days of the date that they are billed.
B. The Commission shall bill a facility
				  within 30 days of the facility's certification or verification of the
				  facility's certification by the Commission.
C. Billing shall be done on an annual
				  basis.
D. The term of the
				  certification is 1 year and is renewed on an annual basis.
E. Initial certification is only for the term
				  of the current certification year.
F. A late fee of 10 percent of the assessed
				  certification fee shall be charged in addition to the certification fee if
				  payment is received more than 30 days after the due date.
G. A facility that fails to pay the
				  certification fee, plus the late fee, more than 60 days after the due date
				  shall be decertified.
H. The
				  facility may not charge the patient for those fees which the Kidney Disease
				  Program would have paid, had the facility complied with this
				  subtitle.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.05 - Fee Schedule › Section 10.30.05.04 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A facility or center may not receive funds from the Kidney
					 Disease Program for certified services rendered, unless the facility is
					 certified by the Commission and has paid in full the fee assessed it by the
					 Commission in the time limit set forth by the Commission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 30 - COMMISSION ON KIDNEY DISEASE › Chapter 10.30.05 - Fee Schedule › Section 10.30.05.05 - Fund Administration

Current through Register Vol. 51, No. 14, July 12, 2024
The Chairman of the Commission or the Chairman's designee
					 shall administer the Kidney Disease Fund as established under Health-General
					 Article, §13-310.1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.01 - Code of Conduct for Board Members and Investigators › Section 10.31.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes a code of conduct for members of health occupation boards within
				  the Department of Health and Mental Hygiene and for investigators employed by
				  the health occupation boards.
B.
				  This chapter does not apply to the Board of Nursing. The Board of Nursing's
				  Code of Conduct regulations are set forth in COMAR 10.27.23.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.01 - Code of Conduct for Board Members and Investigators › Section 10.31.01.02 - 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 a health occupation board
				  regulated under the Health Occupations Article or the Health-General Article,
				  Annotated Code of Maryland, with the exception of the Board of
				  Nursing.
(2) "Board member" means
				  an individual appointed by the Governor to serve on a Board.
(3) "Charging document" means the notice from
				  the board pursuant to State Government Article, §
											10-208, Annotated
				  Code of Maryland, which informs a licensee of an alleged violation or
				  violations of a board's statute by the licensee.
(4) "Complaint" means a communication to a
				  board of a possible violation of the disciplinary provisions of a Maryland
				  licensing statute by a licensee.
(5) "Conflict of interest" means a situation
				  in which a personal interest of a board member or a board investigator presents
				  a potential conflict with the public interest in connection with an anticipated
				  public action or decision.
(6) "Ex
				  parte communication" means a direct or indirect communication between a board
				  member and another party regarding the merits of an issue in a pending
				  contested disciplinary case if the communication is made outside the presence
				  of the opposing party in the case.
(7) "Investigator" means an individual who
				  investigates complaints received by a health occupation board.
(8) Liaison.
(a) "Liaison" means a board member designated
				  by the board to provide practitioner expertise to the investigator or
				  prosecutor, or both, pertaining to a specific complaint.
(b) "Liaison" does not mean a board member
				  who participates only in a preliminary review of a complaint.
(9) "Recusal" means
				  nonparticipation of a board member in a specific matter before the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.01 - Code of Conduct for Board Members and Investigators › Section 10.31.01.03 - Recusal of Board Members

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Standards for Recusal.
(1) A Board member
				  shall recuse himself or herself from board proceedings which involve situations
				  in which the board member:
(a) Has a conflict
				  of interest; or
(b) Cannot
				  participate fairly and impartially.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.01 - Code of Conduct for Board Members and Investigators › Section 10.31.01.04 - Investigator

Current through Register Vol. 51, No. 14, July 12, 2024
A. An investigator
				  may not conduct or participate in an investigation of a complaint in which the
				  investigator has a conflict of interest.
B. In the investigation of a complaint
				  against a member of a board, the board may consider using an investigator other
				  than the one who is regularly assigned to conduct investigations for the
				  board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.01 - Code of Conduct for Board Members and Investigators › Section 10.31.01.05 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. A board member
				  or investigator may not discuss disciplinary or other confidential matters with
				  an individual other than:
(1) A board
				  member;
(2) Board staff;
(3) The Attorney General's Office;
(4) A witness; or
(5) Another individual authorized by law to
				  be involved in the case.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.02 - Tax Compliance Regulations › Section 10.31.02.01 - 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 a health occupation board
				  regulated under the Health Occupations Article, Annotated Code of Maryland,
				  with the exception of the Board of Nursing.
(2) "Delinquent" means the failure by a
				  certificate holder, licensee, registration holder, or permit holder, to pay all
				  undisputed taxes and unemployment insurance contributions, as determined by the
				  Office of the Comptroller or the Secretary of Labor, Licensing, and Regulation,
				  that are payable to the Office of the Comptroller or the Secretary of Labor,
				  Licensing, and Regulation, in a manner satisfactory to the unit of the State
				  responsible for collection of the payment.
(3) "Renewal license" means any license,
				  permit, certification, or registration granted by the Board for the period
				  immediately following a period for which the person previously possessed the
				  same or a substantially similar license, permit, certification, or
				  registration.
(4) "Verification"
				  means a written or electronic notification created by the unit of the State
				  responsible for collection of taxes or unemployment insurance contributions
				  attesting that the renewal applicant is no longer delinquent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 31 - HEALTH OCCUPATION BOARDS › Chapter 10.31.02 - Tax Compliance Regulations › Section 10.31.02.02 - Outstanding Taxes or Unemployment Insurance Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a renewal applicant has been identified
				  as delinquent by the Office of the Comptroller or the Department of Labor,
				  Licensing, and Regulation, the Board shall issue a written notice to the
				  renewal applicant stating that:
(1) The
				  renewal applicant has been identified by the Office of the Comptroller or the
				  Department of Labor, Licensing, and Regulation as delinquent in the payment of
				  taxes or unemployment insurance contributions as applicable; and
(2) The renewal license will be denied if a
				  verification is not submitted to the Board within 30 days after the notice is
				  issued or before the expiration date of the current certificate, license,
				  registration, or permit, whichever is later.
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 10.32.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern how an individual becomes licensed
					 in Maryland to practice medicine.
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 10.32.01.03 - Licensure - Qualifications for Initial Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Moral
				  Character. The applicant shall be of good moral character.
B. Age. The applicant shall be 18 years old
				  or older.
C. Fee. An applicant for
				  initial licensure shall pay the initial application fee and any additional
				  charges set by the Board.
D.
				  Education and Training. The applicant shall meet at least one of the following
				  requirements:
(1) Have a doctor of medicine
				  degree from a school of medicine accredited by LCME at the time of the
				  applicant's graduation and have successfully completed 1 year of postgraduate
				  training at an accredited training program;
(2) Have a doctor of osteopathy degree from a
				  school of osteopathy in the United States, its territories or possessions,
				  Puerto Rico, or Canada that has standards for graduation equivalent to those
				  established by the American Osteopathic Association (AOA) and have successfully
				  completed 1 year of postgraduate training at an accredited training
				  program;
(3) Have a doctor of
				  medicine degree from any other medical school, have successfully completed the
				  requirements for and obtained ECFMG certification, and have successfully
				  completed 2 years of post-graduate training at an accredited training program;
				  or
(4) Have a document stating that
				  the applicant has successfully completed a fifth pathway program as defined in
				  Health Occupations Article, §
											14-308(a)(2),
				  Annotated Code of Maryland, have successfully completed all of the formal
				  graduation requirements of a foreign medical school except for the postgraduate
				  or social service components as required by the foreign country or its medical
				  school, and have successfully completed 2 years of postgraduate training at an
				  accredited training program.
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 10.32.01.04 - Licensure - Documentation for Initial Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant shall submit an application
				  on a form supplied by the Board.
B.
				  Complete Application.
(1) A complete
				  application for initial licensure shall include, but is not limited to, proof
				  of the following through documentation on forms supplied by the Board:
(a) Verification of medical
				  education;
(b) Written and
				  electronic statements from an authorized official of each of the applicant's
				  accredited training programs which:
(i)
				  Summarize the experience and performance of the applicant during
				  training;
(ii) Detail all actions
				  taken against the applicant by any training program, hospital, medical board,
				  licensing authority, or court for an act that would be grounds for disciplinary
				  action under Health Occupations Article, §
													14-404, Annotated
				  Code of Maryland;
(iii) Document
				  specifically whether or not the applicant successfully completed the years of
				  training;
(iv) Detail any
				  limitations of privileges during the postgraduate training years; and
(v) Detail any physical and mental health
				  problems of the applicant that affected the applicant's ability to practice
				  during the years of postgraduate training;
(c) Documentation of successful completion of
				  the examination requirements as described in Regulation .03G of this chapter
				  including submission of all the applicant's scores sent directly to the Board
				  from the examination authority or authorities.
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 10.32.01.05 - Inactive and Emeritus Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inactive
				  Status.
(1) A licensee in good standing who
				  will not practice medicine in this State may apply for inactive
				  status.
(2) A licensee applying
				  for an inactive license shall pay the inactive license fee and any additional
				  charges set by the Board.
(3) A
				  licensee may apply for inactive status if the licensee has an unrestricted
				  active license to practice medicine in this State or is within 60 days of the
				  expiration of the licensee's unrestricted active license.
(4) Renewal.
(a) An inactive status shall be renewed every
				  2 years.
(b) At the end of 2 years,
				  a licensee with inactive status shall complete the renewal application, and pay
				  the renewal fee, and any charges set by the Board.
(c) If the licensee fails to renew their
				  inactive license for any reason, the license will expire.
(5) A licensee with an inactive license may
				  not:
(1) Practice medicine within
				  Maryland;
(2) Prescribe medication
				  within Maryland; or
(3) Conduct
				  peer reviews of physicians within Maryland.
(6) A licensee on inactive status shall have the duty
				  to inform the Board by email or first-class mail of any of the circumstances
				  listed in Regulation .03H(1) and (2) of this chapter within 30 days of the
				  occurrence of or notification about these circumstances.
(7) The inactive status of a licensee does
				  not deprive the Board of its authority to institute or continue a disciplinary
				  proceeding against a licensee.
(8)
				  To reinstate a license to active status, a licensee on inactive status shall
				  apply for reinstatement on a form supplied by the Board and meet the
				  requirements for reinstatement in Regulation .11 of this chapter, including the
				  continuing medical education requirements. The physician may not practice
				  medicine until the license is reinstated to active status.
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 10.32.01.06 - Qualifications for Limited License for Postgraduate Teaching

Current through Register Vol. 51, No. 14, July 12, 2024
A. Moral Character. The applicant for a
				  limited license for postgraduate teaching shall be of good moral
				  character.
B. Age. The applicant
				  for a limited license for postgraduate teaching shall be 18 years old or
				  older.
C. Education, Training, and
				  Experience.
(1) To meet the education and
				  training requirements, a qualified applicant for a limited license for
				  postgraduate teaching shall have:
(a)
				  Graduated from an LCME-accredited medical school or a foreign medical school
				  that is listed in the World Directory of Medical Schools at the time of the
				  applicant's graduation or, for doctors of osteopathy, meet the requirements of
				  Health Occupations Article, §
												14-307(d)(2),
				  Annotated Code of Maryland;
(b)
				  Satisfactorily completed a postgraduate training program which meets the
				  following requirements:
(i) The postgraduate
				  training shall have been in the specialty in which the applicant will function
				  as a postgraduate teacher,
(ii) The
				  postgraduate training shall have included at least the same number of years of
				  specialty postgraduate training as would be required for certification by that
				  specialty's board in the United States and submit the requirements of both to
				  the Board, and
(iii) The applicant
				  shall submit documents both from the United States and, if the applicant's
				  specialty postgraduate training was obtained outside the United States, from
				  each foreign specialty board to the Board; and
(c) Passed that specialty's certifying
				  examination in either the country where specialty postgraduate training was
				  obtained or where the applicant is practicing.
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 10.32.01.07 - Setting of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
All fees, not set by statute, will be set by the Board. A
					 copy of the current fee schedule is set forth in Regulation .12 of this
					 chapter. Fees paid to the Board are nonrefundable.
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 10.32.01.08 - Renewals

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. A licensee shall renew the
				  license every 2 years.
C. At least
				  1 month before the license expires, the Board shall send to the last known
				  address of of record of the licensee, by electronic or first-class mail:
(1) 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
				  and mailed before the license expires,
(c) The amount of the renewal fee and any
				  additional charges set by the Board; and
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 10.32.01.09 - Expired Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee with an expired license may not:
(1)
				  Practice medicine within Maryland;
(2) Prescribe medicine within Maryland; or
(3) Conduct peer review of
				  physicians within Maryland.
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 10.32.01.10 - Continuing Medical Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Definitions.
(1) In this regulation, the
				  following terms have the meanings indicated.
(2) Terms Defined.
(a) "2-yearperiod" means:
(i) For license renewal, the 2 years
				  preceding the expiration of the physician license; or
(ii) For license reinstatement, the 2 years
				  preceding the date of the submission of the application for reinstatement of
				  the physician license.
(b) "Applicant" means:
(i) A licensed physician applying for renewal
				  of the physician license; or
(ii) A
				  physician applying for reinstatement of the physician license.
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 10.32.01.11 - Reinstatement of Expired, Emeritus, or Inactive Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. A physician
				  who has failed to renew a license by the license expiration date and whose
				  license has been placed on inactive status or whose license has been placed on
				  emeritus status shall apply for reinstatement on a form supplied by the Board
				  in order to resume the practice of medicine in this State.
B. A physician applying for reinstatement
				  shall pay a reinstatement fee and any additional charges set by the
				  Board.
C. A physician applying for
				  reinstatement shall submit documentation of completing the required number of
				  CME hours for reinstatement as defined in Regulation .10 of this
				  chapter.
D. A physician applying
				  for reinstatement may be denied reinstatement subject to the hearing provisions
				  of Health Occupations Article, §
										14-405, Annotated
				  Code of Maryland, for any of the grounds listed in Health Occupations Article,
				  §
										14-404, Annotated
				  Code of Maryland.
E. A physician
				  applying for reinstatement shall provide the Board with a detailed description
				  of activities which have occurred since the last renewal application or, in the
				  case of a physician who has never renewed, since the date when a medical
				  licensure application was submitted to the Board. This description may include,
				  but not necessarily be limited to, the information required under Regulations
				  .03 and .04 of this chapter.
F. A
				  physician applying for reinstatement may be required to pass the SPEX or
				  COMVEX-USA examination if the physician:
(1)
				  Last passed a medical licensing examination more than 15 years before this
				  application;
(2) Has never had
				  specialty board certification or last passed a specialty board certification
				  examination given by a member board of the ABMS or the AOA Bureau of
				  Osteopathic Specialists more than 10 years before this application;
(3) Has not had a full, unrestricted medical
				  license in at least one state of the United States or Canada within the 10-year
				  period before this application; or
(4) Has not actively practiced clinical
				  medicine in the United States or Canada for at least 7 of the 10 years before
				  this application.
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 10.32.01.12 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The fees are as follows:
A. Application fees.
(1) Original physician or osteopath licensure
				  application, American and foreign school graduate ... $310;
(2) Conceded eminence application ...
				  $1,090;
(3) Physician license fee
				  per month until expiration of initial license ... $20;
(4) Physician inactive license ... $218;
(5) Postgraduate teaching license ... $300;
(6) Physician emeritus license ...
				  $120;