PROPOSAL
Maryland Register
Issue Date: October 27, 2017
Volume 44• Issue 22 • Pages 1047—1049
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 32 BOARD OF PHYSICIANS
10.32.13 Physician Licensure by Conceded Eminence
Authority: Health Occupations Article, §§14-205 and 14-307—14-319, Annotated Code of Maryland
Notice of Proposed Action
[17-214-P]
The Secretary of Health proposes to amend Regulations .02—.04, .06, and .08 under COMAR 10.32.13 Physician Licensure by Conceded Eminence. This action was considered at a public hearing held on April 26, 2017, notice of which was provided by posting on the Board’s website, http://www.mbp.state.us.forms/mar17FULLagenda.pdf, from April 12, 2017—April 26, 2017, pursuant to General Provisions Article, §3-302(c) Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Add a new definition;
(2) Revise the qualifications for a special license by conceded eminence by requiring the supervising institution to provide a detailed explanation of the applicant’s credentials and requiring that the applicant possess an active unrestricted license to practice medicine and has published original results of clinical research in a recognized medical journal;
(3) Revise the Limited Practice regulation to clarify the applicant’s practice is limited to their area of expertise;
(4) Revise the initial term to a period of 1 year and provide for two renewals and the opportunity to request additional renewals that documents the basis for that request;
(5) Require continuing medical education requirements for second renewals; and
(6) Establish a process for a new appointment at a different institution.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 27, 2017. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) “First author” means the first named author of a publication such as a research article or the author who served as the principal investigator for a research project.
[(6)] (7) (text unchanged)
(8) “Last author” means the last named author of a publication such as a research article or the senior author who served as the principal investigator for a research project.
[(7)] (9)—[(13)] (15) (text unchanged)
.03 Qualifications for Special License by Conceded Eminence.
A. (text unchanged)
B. Recommendations. On a form supplied by the Board, the dean of a school of medicine in the State or the director of the National Institutes of Health shall recommend the applicant to the Board, by:
(1) Attesting to the fact that the applicant is to receive an appointment at the institution represented by the dean or director; [and]
(2) Presenting the Board with detailed evidence of the physician’s qualifications and competence including:
(a)—(b) (text unchanged)
(c) The degree of supervision[, if any,] under which the physician will function; and
(3) Presenting the Board with a detailed statement describing the applicant’s conceded eminence and authority in the profession.
C. Evidence of Teaching, Research, and Achievement. An applicant shall demonstrate eminence and authority in the profession by meeting [at least three of] the following qualifications [which are necessary, but not by themselves sufficient, for licensure under this chapter]:
[(1) Within 10 years before the application, have published original results of clinical research in a medical journal listed in the Index Medicus or in an equivalent scholarly publication, and have submitted these articles to the Board in English or in a foreign language with verifiable, certified translations in English; or]
[(2)] (1) (text unchanged)
[(3) Within 10 years before the application, have developed a treatment modality, surgical technique, or other verified original contribution to the field of medicine, which is attested to by the dean of a school of medicine in the State or by the director of the National Institutes of Health; ]
[(4)] (2) Have actively practiced medicine cumulatively for [15 years, which may include up to 5 years sabbatical during which the applicant was involved in research] 10 years after completion of postgraduate training, including clinical research; [and]
[(5)] (3) Be a member in good standing of a board of the American Board of Medical Specialties
or other equivalent specialty board[.];
(4) Possess a current, active, unrestricted license to practice medicine in another state or country, or be otherwise recognized under the laws of the other country or jurisdiction as a medical doctor in that jurisdiction; and
(5) Within 10 years before the application:
(a) Have:
(i) Published original results of clinical research, as first author or last author, in a medical journal listed in the Index Medicus or in an equivalent scholarly publication acceptable to the Board; and
(ii) Submitted these articles to the Board in English or in a foreign language with verifiable, certified translations in English; or
(b) Have developed a treatment modality, surgical technique, or other verified original contribution to the field of medicine, which is attested to by the dean of a school of medicine in the State or by the director of the National Institutes of Health.
D. Supervision. The Board [may] shall require an applicant to submit [the]:
(1) The name of a licensed physician who will supervise the medical services provided by the applicant for the first 6 months [after the license is granted,] of practice; and [a]
(2) A detailed description of the medical services, duties, and responsibilities that the applicant will perform.
.04 Limited Practice.
An applicant for licensure is restricted so that the applicant shall:
A. Practice medicine only in the limited field approved by the Board that is consistent with the applicant’s area of conceded eminence experience;
[A.] B. For the first 6 months of practice, practice medicine only [within]:
(1) Within the [institutions] institution and [programs] program specified within the application[,]; and
(2) Under the supervision of a licensed physician;
[B.] C. Following the first 6 months of practice, practice medicine only [at]:
(1) At an institution similar to that named in the original application; and [after]
(2) After approval by the Board; and
[C.] D. (text unchanged)
.06 Term and Renewal of License by Conceded Eminence and Authority in the Profession.
A. Term and Tenure.
(1) The initial license is active for a period [of 6 months] 1 year, and, after that,[for 2 years or for another term established by the Board] may be renewed twice for a term established by the Board. After two renewals, a licensee seeking any additional renewals shall provide documentation to the Board 3 months before the expiration of the licensee’s license indicating the continued significance of the licensee’s work at the sponsoring institution that requires the license to be renewed for another term.
(2) (text unchanged)
B. Initial Renewal. [A license issued under this regulation may be renewed every 2 years on a date set by the Board and as specified in COMAR 10.32.01] As part of the initial renewal process:
(1) The supervising physician shall submit an attestation, approved by the Board, that the licensee was supervised for a period of at least 6 consecutive months; and
(2) The licensee shall complete a renewal application form, after Board approval of the attestation.
C. Second Renewal.
(1) A license issued under this chapter may be renewed in a second renewal:
(a) On a date set by the Board; and
(b) As specified in COMAR 10.32.01.
(2) A licensee for second renewal shall:
(a) Complete a renewal application form;
(b) Meet the requirements set out in COMAR 10.32.01.10, including completing at least 50 hours of continuing medical education units; and
(c) Pay a renewal fee set by the Board in COMAR 10.32.01.12.
(3) A licensee shall inform the Board of the institution where the licensee plans on practicing for the renewal term.
D. Subsequent Renewal.
(1) A license issued under this chapter may be renewed in subsequent renewals:
(a) On a date set by the Board; and
(b) As specified in COMAR 10.32.01.12.
(2) A license for subsequent renewal shall:
(a) Complete a renewal application form;
(b) Meet the requirements set out in COMAR 10.32.01.10, including completing at least 50 hours of continuing medical education units;
(c) Provide documentation to the Board 3 months before the expiration of the licensee’s license indicating the continued significance of the licensee’s work at the sponsoring institution that requires the license to be renewed for another term; and
(d) Pay a renewal fee set by the Board in COMAR 10.32.01.12.
(3) A licensee shall inform the Board of the institution where the licensee plans on practicing for the renewal term.
.08 Termination and New Appointment.
A. On termination of the licensee’s approved appointment, the conceded eminence license terminates and becomes null and void.
B. A licensee has a duty to inform the Board of the termination of an appointment within 30 days of the termination.
[A.] C. [Duty to Inform of Termination.] Failure of the licensee to inform the Board of the termination of an appointment within 30 days constitutes unprofessional conduct under Health Occupations Article, §14-404(a)(3), Annotated Code of Maryland.
[B. New Appointment. An individual licensed under this chapter may not begin a new appointment without the approval of the Board.]
D. New Appointment.
(1) If a licensee wishes to receive a conceded eminience license with another institution, the licensee shall apply for a new appointment with another institution.
(2) The Board may approve the new appointment at the Board’s discretion.
(3) Board approval shall be obtained before the individual may begin the appointment.
DENNIS SCHRADER
Secretary of Health
