Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 32 - BOARD OF PHYSICIANS
Chapter 10.32.03 - Delegation of Duties by a Licensed Physician - Physician Assistant
Section 10.32.03.11 - Prohibited Conduct
Universal Citation: MD Code Reg 10.32.03.11
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Board may deny a license, reprimand a physician assistant, place a physician assistant on probation, or suspend or revoke a license if the physician assistant:
(1) Fraudulently or deceptively
obtains or attempts to obtain a license for the applicant or the licensee or
for another;
(2) Fraudulently or
deceptively uses a license;
(3) Is
guilty of:
(a) Immoral conduct in the
practice of medicine; or
(b)
Unprofessional conduct in the practice of medicine;
(4) Is professionally, physically, or
mentally incompetent;
(5) Solicits
or advertises in violation of Health Occupations Article, §14-503, Annotated
Code of Maryland;
(6) Abandons a
patient;
(7) Is habitually
intoxicated;
(8) Is addicted to, or
habitually abuses, any narcotic or controlled dangerous substance as defined in
Criminal Law Article, §5-101, Annotated Code of
Maryland;
(9) Provides professional
services:
(a) While under the influence of
alcohol; or
(b) While using any
narcotic or controlled dangerous substance, as defined in Criminal Law Article,
§5-101, Annotated Code of
Maryland, or other drug that is in excess of therapeutic amounts or without
valid medical indication;
(10) Promotes the sale of drugs, devices,
appliances, or goods to a patient so as to exploit the patient for financial
gain;
(11) Willfully makes or files
a false report or record in the practice of medicine;
(12) Willfully fails to file or record any
medical report as required under law, willfully impedes or obstructs the filing
or recording of the report, or induces another to fail to file or record the
report;
(13) On proper request, and
in accordance with the provisions of Health-General Article, Title 4, Subtitle
3, Annotated Code of Maryland, fails to provide details of a patient's medical
record to the patient, another physician, or hospital;
(14) Solicits professional patronage through
an agent or other person or profits from the acts of a person who is
represented as an agent of the physician assistant;
(15) Pays or agrees to pay any sum to any
person for bringing or referring a patient or accepts or agrees to accept any
sum from any person for bringing or referring a patient;
(16) Agrees with a clinical or bioanalytical
laboratory to make payments to the laboratory for a test or test series for a
patient, unless the licensed physician assistant discloses on the bill to the
patient or third-party payor:
(a) The name of
the laboratory;
(b) The amount paid
to the laboratory for the test or test series; and
(c) The amount of procurement or processing
charge of the licensed physician, if any, for each specimen taken;
(17) Makes a willful
misrepresentation in treatment;
(18) Practices medicine with an unauthorized
person or aids an unauthorized person in the practice of medicine;
(19) Grossly over-utilizes health care
services;
(20) Offers, undertakes,
or agrees to cure or treat disease by a secret method, treatment, or
medicine;
(21) Is disciplined by a
licensing or disciplinary authority or convicted or disciplined by a court of
any state or country or disciplined by any branch of the United States
uniformed services or the Veterans' Administration for an act that would be
grounds for disciplinary action under Health Occupations Article, §15-314, Annotated
Code of Maryland;
(22) Fails to
meet appropriate standards as determined by appropriate peer review for the
delivery of quality medical and surgical care performed in an outpatient
surgical facility, office, hospital, or any other location in this
State;
(23) Willfully submits false
statements to collect fees for which services are not provided;
(24) Was subject to investigation or
disciplinary action by a licensing or disciplinary authority or by a court of
any state or country for an act that would be grounds for disciplinary action
under this regulation and the licensee:
(a)
Surrendered the license issued by the state or country to the state or country;
or
(b) Allowed the license issued
by the state or country to expire or lapse;
(25) Knowingly fails to report suspected
child abuse in violation of Family Law Article, §5-704, Annotated Code of
Maryland;
(26) Fails to educate a
patient being treated for breast cancer of alternative methods of treatment as
required by Health-General Article, §20-113, Annotated Code of
Maryland;
(27) Sells, prescribes,
gives away, or administers drugs for illegal or illegitimate medical
purposes;
(28) Fails to comply with
the provisions of Health Occupations Article, §12-102, Annotated
Code of Maryland;
(29) Refuses,
withholds from, denies, or discriminates against an individual with regard to
the provision of professional services for which the licensee is licensed and
qualified to render because the individual is HIV positive;
(30) Except as to an association that has
remained in continuous existence since July 1, 1963:
(a) Associates with a pharmacist as a partner
or co-owner of a pharmacy for the purpose of operating a pharmacy;
(b) Employs a pharmacist for the purpose of
operating a pharmacy; or
(c)
Contracts with a pharmacist for the purpose of operating a pharmacy;
(31) Except in an emergency
life-threatening situation where it is not feasible or practicable, fails to
comply with the Centers for Disease Control and Prevention's guidelines on
universal precautions;
(32) Fails
to display the notice required under Health Occupations Article, §14-415, Annotated
Code of Maryland;
(33) Fails to
cooperate with a lawful investigation conducted by the Board;
(34) Is convicted of insurance fraud as
defined in Insurance Article, §27-801, Annotated Code of
Maryland;
(35) Is in breach of a
service obligation resulting from the applicant's or licensee's receipt of
State or federal funding for the licensee's medical education;
(36) Willfully makes a false representation
when seeking or making application for licensure or any other application
related to the practice of medicine;
(37) By corrupt means, threats, or force,
intimidates or influences, or attempts to intimidate or influence, for the
purpose of causing any person to withhold or change testimony in hearings or
proceedings before the Board or those otherwise delegated to the Office of
Administrative Hearings; or
(38) By
corrupt means, threats, or force, hinders, prevents, or otherwise delays any
person from making information available to the Board in furtherance of any
investigation of the Board.
C. Unprofessional conduct in the practice of medicine, Health Occupations Article, §14-404(a)(3), Annotated Code of Maryland, includes the failure of a physician to comply with the statute and regulations governing the physician's duty to supervise the physician assistant.
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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