Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as provided in §B of this
regulation, a hospital, related institution, alternative health care system,
employer, and primary supervising physician shall file with the Board a report
that the hospital, related institution, alternative health system, employer, or
primary supervising physician limited, reduced, otherwise changed, or
terminated any licensee for any reason that might be grounds for disciplinary
action under Regulation .11 of this chapter or Health Occupations Article,
Titles 14 and 15, Annotated Code of Maryland.
B. Exception. A hospital, related
institution, alternative health system, or employer that has reason to know
that a licensee has committed an action or has a condition that might be
grounds for reprimand or probation of the licensee or suspension or revocation
of the licensure because the licensee is alcohol impaired or drug impaired is
not required to report the licensee to the Board if:
(1) The hospital, related institution,
alternative health system, or employer knows that the licensee is:
(a) In an alcohol or drug treatment program
that is accredited by the Joint Commission or is certified by the Department of
Health and Mental Hygiene; or
(b)
Under the care of a health care practitioner who is competent and capable of
dealing with alcoholism and drug abuse;
(2) The hospital, related institution,
alternative health system, or employer is able to verify that the licensee
remains in the treatment program until discharge; and
(3) The action or condition of the licensee
or holder of a temporary license has not caused injury to any person while the
licensee or holder of a temporary license is practicing.
C. Notice by Licensee.
(1) If the licensee enters, or is considering
entering, an alcohol or drug treatment program that is accredited by the Joint
Commission or that is certified by the Department of Health and Mental Hygiene,
the licensee shall notify the hospital, related institution, alternative health
system, employer, or primary supervising physician of the licensee's or
holder's decision to enter the treatment program.
(2) If the licensee fails to provide the
notice required under §C(1) of this regulation, and the hospital, related
institution, alternative health system, employer, or primary supervising
physicians learns that the licensee has entered a treatment program, the
hospital, related institution, alternative health system, employer, or primary
supervising physician shall report to the Board that the licensee has entered a
treatment program and has failed to provide the required notice.
(3) If the licensee is found to be
noncompliant with the treatment program's policies and procedures while in the
treatment program, the treatment program shall notify the hospital, related
institution, alternative health system, employer, or primary supervising
physician of the licensee's noncompliance.
