§ 14-401.1. Board investigations; procedure
West's Annotated Code of MarylandHealth OccupationsEffective: May 8, 2020
Effective: May 8, 2020
MD Code, Health Occupations, § 14-401.1
§ 14-401.1. Board investigations; procedure
(a)(1) The Board shall perform any necessary preliminary investigation regarding an allegation of grounds for disciplinary or other action brought to the Board's attention before the allegation is assigned to a disciplinary panel.
(4) A disciplinary panel that is assigned a complaint against an allied health professional under paragraph (2)(i) of this subsection shall consult with the chair of the appropriate allied health advisory committee, or the chair's designee, before taking disciplinary action against the allied health professional.
(5)(i) If a complaint proceeds to a hearing under § 14-405 of this subtitle, § 14-5A-17, § 14-5B-14, § 14-5C-17, § 14-5D-15, § 14-5E-16, or § 14-5F-21 of this title, or § 15-315 of this article, the chair of the disciplinary panel that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other disciplinary panel.
(b) If an allegation of grounds for disciplinary or other action is made by a patient or a family member of a patient based on § 14-404(a)(22) of this subtitle and a full investigation results from that allegation, the full investigation shall include an offer of an interview with the patient or a family member of the patient who was present on or about the time that the incident that gave rise to the allegation occurred.
(c)(1) Except as otherwise provided in this subsection, after being assigned a complaint under subsection (a) of this section, the disciplinary panel may:
(2)(i) If, after being assigned a complaint and completing the preliminary investigation, the disciplinary panel finds that the licensee may have violated § 14-404(a)(22) of this subtitle, the disciplinary panel shall refer the allegation to the entity or entities that have contracted with the Board under subsection (e) of this section for further investigation and physician peer review within the involved medical specialty or specialties.
(3) If, after being assigned a complaint, the disciplinary panel determines that an allegation involving fees for professional or ancillary services does not constitute grounds for disciplinary or other action, the disciplinary panel shall offer the complainant and the licensee an opportunity to mediate the dispute.
(d) County medical societies shall refer to the Board all complaints that set forth allegations of grounds for disciplinary action under § 14-404 of this subtitle.
(e)(1) In accordance with subsection (f) of this section, the Board shall enter into a written contract with an entity or individual for confidential physician peer review of allegations based on § 14-404(a)(22) of this subtitle.
(f)(1) The entity or individual peer reviewer with which the Board contracts under subsection (e) of this section shall have 90 days for completion of peer review.
(g) The Board shall issue a request for proposals and enter into a written contract with a nonprofit entity to provide rehabilitation services for physicians or other allied health professionals directed by the Board to receive rehabilitation services.
(h)(1) To facilitate the investigation and prosecution of disciplinary matters and the mediation of fee disputes coming before it, the Board may contract with an entity or entities for the purchase of investigatory, mediation, and related services.
(i) The Board or a disciplinary panel may issue subpoenas and administer oaths in connection with any investigation under this section and any hearing or proceeding before it.
(j)(1) It is the intent of this section that the disposition of every complaint against a licensee that sets forth allegations of grounds for disciplinary action filed with the Board shall be completed as expeditiously as possible and, in any event, within 18 months after the complaint was received by the Board.
(k) A disciplinary panel, in conducting a meeting with a physician or allied health professional to discuss the proposed disposition of a complaint, shall provide an opportunity to appear before the disciplinary panel to both the licensee who has been charged and the individual who has filed the complaint against the licensee giving rise to the charge.
Added as Health Occupations § 14-501 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1982, c. 333, § 1, eff. July 1, 1982; Acts 1984, c. 340, § 1, eff. July 1, 1984; Acts 1986, c. 642, § 3, eff. July 1, 1986; Acts 1988, c. 109, § 1, eff. July 1, 1988. Renumbered as Health Occupations § 14-401 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1991, c. 55, § 1, eff. April 9, 1991; Acts 1992, c. 271, § 1, eff. Oct. 1, 1992; Acts 1995, c. 466, §§ 1, 2, eff. Oct. 1, 1995; Acts 1996, c. 419, § 1, eff. Oct. 1, 1996; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2007, c. 539, § 1, eff. June 1, 2007. Renumbered as Health Occupations § 14-401.1 and amended by Acts 2013, c. 401, § 1, eff. May 2, 2013. Amended by Acts 2013, c. 582, § 2, eff. May 16, 2013; Acts 2013, c. 583, § 2, eff. May 16, 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.
MD Code, Health Occupations, § 14-401.1, MD HEALTH OCCUP § 14-401.1
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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