Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.03 - Health Care Staff Agencies
Section 10.07.03.02 - Definitions
Universal Citation: MD Code Reg 10.07.03.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Abuse.
(a) "Abuse" means:
(i) The nontherapeutic infliction upon a
resident of physical pain or injury; or
(ii) A persistent course of conduct intended
to produce, or resulting in, mental or emotional distress to a resident, for
example, verbal intimidation of a resident.
(b) "Abuse" does not mean the performance of
an accepted medical procedure ordered by a physician or administered by another
health care professional practicing within the scope of the physician's or
health care professional's license.
(2) "Agency" means a health care staff
agency.
(3) Allied Health Care
Field.
(a) "Allied health care field" means a
healthcare profession subject to licensure under Health Occupations Article,
Annotated Code of Maryland.
(b)
"Allied health care field" does not include the healthcare profession of
physician assistant.
(4)
"Board" means a health occupation licensing board authorized to license,
certify, and discipline a health care practitioner in accordance with the
Health Occupations Article.
(5)
"Client facility" means a health care facility that contracts with a health
care staff agency for the referral of health care practitioners.
(6) "Deficiency" means any failure of the
health care staff agency to meet the requirements of Health-General Article,
Title 19, Subtitle 20, Annotated Code of Maryland, or any rule or regulation
that the Secretary adopts under that subtitle.
(7) "Department" means the Department of
Health and Mental Hygiene.
(8)
"Health care facility" means a hospital or related institution as defined in
Health-General Article, §19-301, Annotated Code of Maryland.
(9) Health Care Practitioner.
(a) Except as provided in §B(9)(b) of
this regulation, "health care practitioner" means any individual licensed or
certified under Health Occupations Article, Annotated Code of Maryland, who
practices in an allied health care field.
(b) "Health care practitioner" does not
include:
(i) An acupuncturist;
(ii) A dentist;
(iii) A nurse anesthetist;
(iv) A nurse midwife;
(v) A nurse practitioner;
(vi) A pharmacist;
(vii) A physician; or
(viii) A podiatrist.
(10) "Initially providing or
referring" means the first time a health care staff agency provides or refers a
particular health care practitioner to a health care facility.
(11) "Licensee" means the person,
association, partnership, corporation, limited-liability company, or other
entity to which a license is issued.
(12) "Neglect" means failure to provide goods
and services necessary to avoid physical harm, mental anguish, or mental
illness.
(13) Health Care Staff
Agency.
(a) "Health care staff agency" means
any person, firm, corporation, partnership, or other business entity engaged in
the business of referring health care practitioners as employees or independent
contractors to render temporary health care services at a health care facility
in the State.
(b) "Health care
staff agency" does not include:
(i) A health
care staff agency operated by a health care facility or its affiliates solely
for the purpose of procuring, furnishing, or referring temporary or permanent
health care practitioners for employment at that health care facility or its
affiliates;
(ii) A home health
agency regulated under Health-General Article, Title 19, Subtitle 4, Annotated
Code of Maryland; or
(iii) Any
health care practitioner procuring, furnishing, or referring their own services
to a health care facility without the direct or indirect assistance of a health
care staff agency.
(14) "Office" means the Office of Health Care
Quality in the Department.
(15)
"Responsible party" means the individual at a health care staff agency who
controls the day-to-day operation of the health care staff agency.
(16) "Secretary" means the Secretary of
Health and Mental Hygiene.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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