Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 12 - ADULT HEALTH
Chapter 10.12.01 - Surgical Abortion Facilities
Section 10.12.01.04 - Inspections by the Department
Universal Citation: MD Code Reg 10.12.01.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Open for Inspection. A licensed facility or an entity proposing to operate such a facility shall be open during normal business hours, or any other times that the facility is serving patients, for inspection by the Department and by any other agency designated by the Department to:
(1) Verify compliance with this chapter;
and
(2) Investigate a complaint
concerning patient care and safety as described in §B of this
chapter.
B. Complaints.
(1) In response to a complaint, the
Department may:
(a) Require the facility to
perform and submit its own investigation; or
(b) In its discretion, conduct an on-site
investigation of a complaint.
(2) In order to determine whether an on-site
investigation as described in §B(1)(b) of this regulation is appropriate,
the factors the Department shall consider include, but are not limited to:
(a) Whether the complainant has first-hand
knowledge of the alleged incident;
(b) The facility's regulatory history,
including the number of verified prior complaints;
(c) Whether the Department has recently
inspected the facility, and whether the incident would have been observed
during the prior review; and
(d)
The nature of the complaint, including degree of potential serious harm to
patients.
(3) If the
complaint concerns the performance of a physician, health professional, or
standards of practice, the Department shall refer the complaint to the board
that licenses, certifies, or otherwise authorizes the physician or health
professional to provide services under Health Occupations Article, Annotated
Code of Maryland.
(4) The
Department shall:
(a) Comply with the
requirements for medical review committees as described in Health Occupations
Article, §1-401, Annotated
Code of Maryland; and
(b) Keep
patient information confidential in accordance with State and federal
laws.
C. Noncompliance. If the Department determines that a facility fails to meet any provision of this chapter, the Department shall:
(1) Advise the facility of the exact nature
of the violation; and
(2) Require
that the facility specify what corrective action it is taking and monitor the
facility to ensure that it takes corrective action.
D. Records and Reports. The facility shall make its records and reports available to the Department on site at the facility during an inspection.
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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