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§ 14-413. Reporting requirements; hospitals, courts

West's Annotated Code of MarylandHealth OccupationsEffective: May 8, 2020

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 14. Physicians (Refs & Annos)
Subtitle 4. Disciplinary Actions (Refs & Annos)
Effective: May 8, 2020
MD Code, Health Occupations, § 14-413
§ 14-413. Reporting requirements; hospitals, courts
In general
(a)(1) Each hospital and related institution shall submit to the Board a report within 10 days after:
(i) The hospital or related institution denied the application of a physician for staff privileges or limited, reduced, otherwise changed, or terminated the staff privileges of a physician, or the physician resigned whether or not under formal accusation, if the denial, limitation, reduction, change, termination, or resignation is for reasons that might be grounds for disciplinary action under § 14-404 of this subtitle;
(ii) The hospital or related institution took any disciplinary action against a salaried, licensed physician without staff privileges, including termination of employment, suspension, or probation, for reasons that might be grounds for disciplinary action under § 14-404 of this subtitle;
(iii) A licensed physician voluntarily resigned from the staff, employ, or training program of the hospital or related institution for reasons that might be grounds for disciplinary action under § 14-404 of this subtitle; or
(iv) The hospital or related institution placed any other restrictions or conditions on any of the licensed physicians as listed in items (i) through (iii) of this paragraph for any reasons that might be grounds for disciplinary action under § 14-404 of this subtitle.
(2) The hospital or related institution shall state in the report the reasons for its action or the nature of the formal accusation pending when the physician resigned.
(3) The Board may extend the reporting time under this subsection for good cause shown.
(4) The minutes or notes taken in the course of determining the denial, limitation, reduction, or termination of the staff privileges of any physician in a hospital or related institution are not subject to review or discovery by any person.
(5) The Board, in consultation with all interested parties, may adopt regulations to define:
(i) Changes in employment or privileges that require reporting under this section; and
(ii) Actions by licensees that are grounds for discipline and that require reporting under this section.
Subpoenas
(b) The Board may enforce this section by subpoena.
Immunity from liability
(c) Any person shall have the immunity from liability described under § 5-715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.
Reports not discoverable
(d) A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
Fines and penalties
(e)(1) A disciplinary panel may impose a civil penalty of up to $5,000 for failure to report under this section.
(2) The Board shall remit any penalty collected under this subsection into the General Fund of the State.

Credits

Added as Health Occupations § 14-512 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1984, c. 340, § 1, eff. July 1, 1984; Acts 1984, c. 430, § 2, eff. July 1, 1984; Acts 1986, c. 641, § 1, eff. July 1, 1986; Acts 1986, c. 642, § 3, eff. July 1, 1986; Acts 1988, c. 109, § 1, eff. July 1, 1988. Renumbered as Health Occupations § 14-413 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1990, c. 546, § 3, eff. Oct. 1, 1990; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2014, c. 45, § 5; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.
Formerly Art. 43, § 130A.
MD Code, Health Occupations, § 14-413, MD HEALTH OCCUP § 14-413
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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