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§ 14-306. License exemptions; delegation of duties

West's Annotated Code of MarylandHealth OccupationsEffective: May 8, 2020 to September 30, 2024

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 14. Physicians (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: May 8, 2020 to September 30, 2024
MD Code, Health Occupations, § 14-306
§ 14-306. License exemptions; delegation of duties
Currentness
<Section effective until October 1, 2024. See, also, section 14-306 effective October 1, 2024. >
In general
(a) To the extent permitted by the rules, regulations, and orders of the Board, an individual to whom duties are delegated by a licensed physician may perform those duties without a license as provided in this section.
Authorized individuals
(b) The individuals to whom duties may be delegated under this section include any individual authorized to practice any other health occupation regulated under this article or § 13-516 of the Education Article.
Rules and regulations
(c) The Board shall adopt rules and regulations to delineate the scope of this section. Before it adopts any rule or regulation under this section, the Board shall invite and consider proposals from any individual or health group that could be affected by the rule or regulation.
Other health occupations
(d)(1) If a duty that is to be delegated under this section is a part of the practice of a health occupation that is regulated under this article by another board, any rule or regulation concerning that duty shall be adopted jointly by the Board of Physicians and the board that regulates the other health occupation.
(2) If the two boards cannot agree on a proposed rule or regulation, the proposal shall be submitted to the Secretary for a final decision.
X-ray duties
(e) Except as otherwise provided in this section, an individual may perform X-ray duties without a license only if the duties:
(1) Do not include:
(i) Computerized or noncomputerized tomography;
(ii) Fluoroscopy;
(iii) Invasive radiology;
(iv) Mammography;
(v) Nuclear medicine;
(vi) Radiation therapy; or
(vii) Xerography;
(2) Are limited to X-ray procedures of the:
(i) Chest, anterior-posterior and lateral;
(ii) Spine, anterior-posterior and lateral; or
(iii) Extremities, anterior-posterior and lateral, not including the head; and
(3) Are performed:
(i) By an individual who is not employed primarily to perform X-ray duties;
(ii) In the medical office of the physician who delegates the duties; and
(iii) 1. By an individual who, before October 1, 2002, has:
A. Taken a course consisting of at least 30 hours of training in performing X-ray procedures approved by the Maryland Radiological Society in consultation with the Maryland Society of Radiologic Technologists; and
B. Successfully passed an examination based on that course that has been approved by the Maryland Radiological Society in consultation with the Maryland Society of Radiologic Technologists; or
2. By a licensed physician assistant who has completed a course that includes anterior-posterior and lateral radiographic studies of extremities on at least 20 separate patients under the direct supervision of the delegating physician or radiologist using a mini C-arm or similar low-level radiation machine to perform nonfluoroscopic X-ray procedures, if the duties:
A. Include only the X-ray procedures described in paragraph (2)(iii) of this subsection; and
B. Are performed pursuant to a Board-approved delegation agreement that includes a request to perform advanced duties under § 15-302(c)(2) of this article.
Registered cardiovascular invasive specialist
(f)(1) In accordance with regulations adopted by the Board, a licensed physician may delegate duties to a registered cardiovascular invasive specialist assisting in the physician's performance of fluoroscopy if:
(i) The delegated duties are limited to a cardiac catheterization procedure performed in a hospital cardiac catheterization laboratory;
(ii) The physician is physically present and personally directs each act performed by the registered cardiovascular invasive specialist;
(iii) The registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board; and
(iv) The hospital in which the cardiac catheterization laboratory is located has verified and documented that the registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board.
(2) The hospital in which the cardiac catheterization laboratory is located and the physician delegating duties to a registered cardiovascular invasive specialist under this subsection are responsible for ensuring that all requirements of this subsection are met for each procedure.
(3) A disciplinary panel may impose a civil penalty of up to $5,000 for each instance of a hospital's failure to comply with the requirements of this subsection.

Credits

Added as Health Occupations § 14-304 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1988, c. 109, § 1, eff. July 1, 1988. Renumbered as Health Occupations § 14-306 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 648, § 1, eff. Oct. 1, 1992; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1997, c. 201, § 3, eff. Dec. 31, 1998; Acts 2002, c. 373, § 2, eff. July 1, 2002; Acts 2003, c. 252, § 10, eff. July 1, 2003; Acts 2013, c. 359, § 1, eff. Oct. 1, 2013; Acts 2019, c. 445, § 2, eff. Oct. 1, 2019; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.
Formerly Art. 43, § 122.
MD Code, Health Occupations, § 14-306, MD HEALTH OCCUP § 14-306
Current with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document