PROPOSAL
Maryland Register
Issue Date: October 13, 2017
Volume 44 • Issue 21 • Pages 1008—1009
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 32 BOARD OF PHYSICIANS
10.32.22 Mandated Reporting to the Board
Authority: Health Occupations Article, §§14-205(a)(2), 14-413, 14-414,
14-5A-18, 14-5B-15, 14-5C-18, 14-5E-18, 14-5F-19, and 15-103, Annotated Code of Maryland
Notice of Proposed Action
[17-213-P]
The Secretary of Health proposes to amend Regulations .02, .03, and .05 under COMAR 10.32.22 Mandated Reporting to the Board. This action was considered at a public meeting on April 26, 2017, notice of which was given by publication on the Board’s Website at https://www.mbp.state.md.us/forms/Apr17Fullagenda.pdf from April 12, 2017 through 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) Remove references to and provisions regarding postgraduate training programs or individuals in such programs;
(2) Remove provisions regarding certain reports due to be filed with the Board twice a year;
(3) Update the name of the Department of Health and Mental Hygiene to Maryland Department of Health; and
(4) Make other minor editorial corrections.
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 dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 13, 2017. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
[(2) “Academic probation” means a program of heightened monitoring of an individual in a postgraduate training program imposed because of academic or performance deficiencies.]
[(3)] (2)—[(7)] (6) (text unchanged)
[(8)] (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[, or terminating or refusing or failing to renew or to extend the term of the academic contract of an individual in a postgraduate training program];
(b)—(h) (text unchanged)
[(9)] (8)—[(13)] (12) (text unchanged)
[(14)] (13) “Health care provider” means a physician[,] or an allied health provider[, or an individual in a postgraduate training program].
[(15)] (14) (text unchanged)
[(16) Hospital.]
[(a)] (15) “Hospital” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.
[(b) “Hospital” includes, with respect to an institution that meets the requirements of Health-General Article, §19-301, Annotated Code of Maryland, any entity which:
(i) Operates or administers a postgraduate training program; or
(ii) Has the authority to hire or discipline or to grant, deny, limit, or modify the contract or privileges of an individual in a postgraduate training program.]
[(17) “Individual in a postgraduate training program” means an intern, an assistant resident, a resident, or a clinical fellow in a postgraduate training program as defined in this regulation.]
[(18)] (16)—[(24)] (22) (text unchanged)
[(25) “Postgraduate training program” means a program of academic training that meets the requirements of COMAR 10.32.01 and 10.32.07.]
[(26)] (23)—[(30)] (27) (text unchanged)
.03 Mandated Reports.
A. Subject to the limitations set out in §§B, C and [E] D of this regulation, the reporting entity shall report to the Board in writing any change made with respect to a health care provider:
(1)—(3) (text unchanged)
B. (text unchanged)
C. Specific Changes Not Reportable. The following changes do not require reporting by a reporting entity:
(1) (text unchanged)
(2) Voluntary resignations that:
(a)—(b) (text unchanged)
(c) May be caused by, for example:
(i) (text unchanged)
(ii) The health care provider’s desire to relocate from Maryland; or
(iii) The health care provider’s desire to retire; [or]
[(iv) A decision by an individual in a postgraduate training program to leave the program to pursue another specialty before the expiration of the term of the training program originally contemplated;]
(3)—(7) (text unchanged)
[(8) With respect to an individual in a postgraduate training program:
(a) The expiration of the postgraduate training program contract at the end of its term as originally contemplated and while the individual is in good standing with the program; or
(b) Academic probation, unless imposed for any of the reasons set out in §B(3), (4), (8), or (9) of this regulation.]
[(9)] (8) With respect to allied health providers and subject to the requirements of [§E(1)] §D(1) and (2) of this regulation, entrance into an alcohol or a drug treatment program:
(a) — (c) (text unchanged)
(d) Provided by a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse[.]; or
[(10)] (9) With respect to physicians and subject to the requirements of [§E(3)] §D(3) and (4) of this regulation, entrance into an alcohol or a drug treatment program:
(a) — (c) (text unchanged)
[D. With respect to physicians, each reporting entity shall file a report with the Board that contains the name of each licensed physician who, during the 6 months preceding the report, was employed by, had privileges with, or applied for privileges with that entity.]
[E.] D. Exceptions to [§C(9) and (10)] §C(8) and (9) of This Regulation.
(1) Section [C(9)] C(8) of this regulation applies only where:
(a)—(c) (text unchanged)
(2) Section [C(9)] C(8) of this regulation does not apply to:
(a)—(b) (text unchanged)
(c) Any change made by the reporting entity based on events set out in Regulation .03B which occurred subsequent to the provider’s entrance into the alcohol or drug treatment program[;].
(3) Section [C(10)] C(9) of this regulation applies only where:
(a)—(c) (text unchanged)
(4) Section [C(10)] C(9) of this regulation does not apply to:
(a)—(c) (text unchanged)
.05 Time Frames for the Submission of Reports.
A. Physicians [or Individuals in a Postgraduate Training Program].
(1) A reporting entity shall file reports required under this chapter with the Board[:] within 10 days of any change made with regard to a physician.
[(a) Within 10 days of any change made with regard to a physician or an individual in a postgraduate training program; and
(b) Twice a year:
(i) In a cumulative report of all changes made with regard to physicians and individuals in postgraduate training programs; and
(ii) Separately, in the report required under Regulation .03D of this chapter.]
(2) (text unchanged)
[(3) The required reports prescribed in §A(1)(b) of this regulation shall be filed as follows:
(a) By February 1 of each year for the 6-month reporting period of July 1 through December 31 of each year; and
(b) By August 1 of each year for the 6-month reporting period of January 1 through June 30 of each year.]
B.—C. (text unchanged)
DENNIS SCHRADER
Secretary of Health
