§ 15-302. Physician delegations to physician assistants; delegation agreements
West's Annotated Code of MarylandHealth OccupationsEffective: April 25, 2024
Effective: April 25, 2024
MD Code, Health Occupations, § 15-302
§ 15-302. Physician delegations to physician assistants; delegation agreements
(a) A physician may delegate medical acts to a physician assistant only after:
(b) The delegation agreement shall contain:
(c)(1) The Board may not require prior approval of a delegation agreement that includes advanced duties, if an advanced duty will be performed in a hospital or ambulatory surgical facility, provided that:
(ii) 1. Before a physician assistant may perform X-ray duties authorized under § 14-306(e) of this article in the medical office of the physician delegating the duties, a primary supervising physician shall obtain the Board's approval of a delegation agreement that includes advanced duties in accordance with subsubparagraph 2 of this subparagraph.
(3) Notwithstanding paragraph (1) of this subsection, a primary supervising physician shall obtain the Board's approval of a delegation agreement before the physician assistant may administer, monitor, or maintain general anesthesia or neuroaxial anesthesia, including spinal and epidural techniques, under the agreement.
(d) For a delegation agreement containing advanced duties that require Board approval, the Committee shall review the delegation agreement and recommend to the Board that the delegation agreement be approved, rejected, or modified to ensure conformance with the requirements of this title.
(e) The Committee may conduct a personal interview of the primary supervising physician and the physician assistant.
(f)(1) On review of the Committee's recommendation regarding a primary supervising physician's request to delegate advanced duties as described in a delegation agreement, the Board:
(2) To the extent practicable, the Board shall approve a delegation agreement or take other action authorized under this subsection within 90 days after receiving a completed delegation agreement including any information from the physician assistant and primary supervising physician necessary to approve or take action.
(g) If the Board determines that a primary or alternate supervising physician or physician assistant is practicing in a manner inconsistent with the requirements of this title or Title 14 of this article, the Board on its own initiative or on the recommendation of the Committee may demand modification of the practice, withdraw the approval of the delegation agreement, or refer the matter to a disciplinary panel for the purpose of taking other disciplinary action under § 14-404 of this article or § 15-314 of this subtitle.
(h) A primary supervising physician may not delegate medical acts under a delegation agreement to more than four physician assistants at any one time, except in a hospital or in the following nonhospital settings:
(i) A person may not coerce another person to enter into a delegation agreement under this subtitle.
(j) A physician may supervise a physician assistant:
(k) Subject to the notice required under § 15-103 of this title, a physician assistant may terminate a delegation agreement filed with the Board under this subtitle at any time.
(l)(1) In the event of the sudden departure, incapacity, or death of the primary supervising physician of a physician assistant, or change in license status that results in the primary supervising physician being unable to legally practice medicine, an alternate supervising physician designated under subsection (b) of this section may supervise the physician assistant for not longer than 15 days following the event.
(2) If there is no designated alternate supervising physician or the designated alternate supervising physician does not agree to supervise the physician assistant, the physician assistant may not practice until the physician assistant receives approval of a new delegation agreement under § 15-302.1 of this subtitle.
(m) A physician assistant whose delegation agreement is terminated may not practice as a physician assistant until the physician assistant receives preliminary approval of a new delegation agreement under § 15-302.1 of this subtitle.
(n) Individual members of the Board are not civilly liable for actions regarding the approval, modification, or disapproval of a delegation agreement described in this section.
Credits
Added by Acts 1999, c. 655, § 1, eff. June 1, 1999. Amended by Acts 2002, c. 374, § 1, eff. Oct. 1, 2002; Acts 2006, c. 540, § 1, eff. Oct. 1, 2006; Acts 2006, c. 540, § 2, eff. Oct. 1, 2006; Acts 2010, c. 273, § 1, eff. Oct. 1, 2010; Acts 2010, c. 274, § 1, eff. Oct. 1, 2010; Acts 2012, c. 241, § 1, eff. Oct. 1, 2012; Acts 2012, c. 242, § 1, eff. Oct. 1, 2012; Acts 2013, c. 359, § 1, eff. Oct. 1, 2013; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020; Acts 2024, c. 382, § 1, eff. April 25, 2024.
MD Code, Health Occupations, § 15-302, MD HEALTH OCCUP § 15-302
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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