# Health Occupations (GHO)

## Title 14. Physicians

### Subtitle 4. Disciplinary Actions

#### Section 14-401

(a) There are two disciplinary panels responsible for resolving allegations of violations of this title and Title 15 of this article.

(b)

  (1) The chair of the Board shall assign each member of the Board to one of the disciplinary panels established under subsection (a) of this section.

  (2) Each disciplinary panel shall consist of 11 Board members.

  (3) Of the 11 members on a disciplinary panel:

    (i) 6 shall be practicing licensed physicians;

    (ii) 1 shall be a practicing licensed physician with a full-time faculty appointment;

    (iii) 1 shall be a representative of the Department or a licensed physician assistant; and

    (iv) 3 shall be members of the public.

  (4) The chair of the Board may serve as an ex-officio member of the disciplinary panel to which the chair was not assigned as a member under paragraph (1) of this subsection.

  (5) The chair of the Board shall select a member of each disciplinary panel to be the chair of the disciplinary panel.

  (6) A quorum of a disciplinary panel consists of 7 members.

#### Section 14-401.1

(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.

  (2)

    (i) After the completion of any necessary preliminary investigation under paragraph (1) of this subsection, a complaint shall be assigned to a disciplinary panel.

    (ii) Subject to the provisions of this section, a disciplinary panel:

      (1) Shall determine the final disposition of a complaint against a physician or an allied health professional; and

      (2) Has the independent authority to make a determination regarding the final disposition of a complaint.

    (iii) The Board may not vote to approve or disapprove any action taken by a disciplinary panel, including the final disposition of a complaint.

  (3) A disciplinary panel that is assigned a complaint under paragraph (2)(i) of this subsection may:

    (i) Conduct any additional investigation into a complaint that is deemed necessary to determine whether a violation of this title or Title 15 of this article has occurred; and

    (ii) Enter into a consent order with a physician or an allied health professional after conducting a meeting between the disciplinary panel and the physician or allied health professional to discuss any proposed disposition of the complaint.

  (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 Sec. 14-405 of this subtitle, Sec. 14-5A-17, Sec. 14-5B-14, Sec. 14-5C-17, Sec. 14-5D-15, Sec. 14-5E-16, Sec. 14-5F-21, or Sec. 14-5G-18 of this title, or Sec. 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 Office of Administrative Hearings.

    (ii) If the disciplinary panel rescinds its referral of the complaint to the Office of Administrative Hearings, the complaint will return to the original disciplinary panel that was assigned the complaint under paragraph (2)(i) of this subsection.

    (iii) After an evidentiary hearing at the Office of Administrative Hearings, the chair of the original disciplinary panel that was assigned the complaint under paragraph (2)(i) of this subsection shall refer the complaint to the other disciplinary panel for further action.

    (iv) After an evidentiary hearing at the Office of Administrative Hearings, the original disciplinary panel that was assigned the complaint under paragraph (2)(i) of this subsection, or any of its members, may not:

      (1) Continue to handle the complaint;

      (2) Participate in any disciplinary proceedings regarding the complaint; or

      (3) Determine the final disposition of the complaint.

(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 Sec. 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:

    (i) Refer an allegation for further investigation to the entity that has contracted with the Board under subsection (e) of this section; or

    (ii) Take any appropriate and immediate action as necessary.

  (2)

    (i) If, after being assigned a complaint and completing the preliminary investigation, the disciplinary panel finds that the licensee may have violated Sec. 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.

    (ii) A disciplinary panel shall obtain two peer review reports from the entity or individual with whom the Board contracted under subsection (e) of this section for each allegation the disciplinary panel refers for peer review.

  (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 Sec. 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 Sec. 14-404(a)(22) of this subtitle.

  (2) A peer reviewer shall:

    (i) Be board certified;

    (ii) Have special qualifications to judge the matter at hand;

    (iii) Have received a specified amount of medical experience and training;

    (iv) Have no formal actions against the peer reviewer's own license;

    (v) Receive training in peer review;

    (vi) Have a standard format for peer review reports; and

    (vii) To the extent practicable, be licensed and engaged in the practice of medicine in the State.

  (3) The Board may consult with the appropriate specialty health care provider societies in the State to obtain a list of physicians qualified to provide peer review services.

  (4) For purposes of peer review, the Board may use sole source procurement under Sec. 13-107 of the State Finance and Procurement Article.

  (5) The hearing of charges may not be stayed or challenged because of the selection of peer reviewers under this subsection before the filing of charges.

(f)

  (1) The entity or individual peer reviewer with which the Board contracts under subsection (e) of this section shall have 60 days for completion of peer review.

  (2) The entity or individual peer reviewer may apply to the Board for an extension of up to 20 days to the time limit imposed under paragraph (1) of this subsection.

  (3) If an extension is not granted, and 60 days have elapsed, the Board may contract with any other entity or individual who meets the requirements of subsection (e)(2) of this section for the services of peer review.

  (4) If an extension has been granted, and 80 days have elapsed, the Board may contract with any other entity or individual who meets the requirements of subsection (e)(2) of this section for the services 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.

  (2) Services that may be contracted for under this subsection include the services of:

    (i) Investigators;

    (ii) Attorneys;

    (iii) Accountants;

    (iv) Expert witnesses;

    (v) Consultants; and

    (vi) Mediators.

(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.

  (2) If a disciplinary panel is unable to complete the disposition of a complaint within 1 year, the Board shall include in the record of that complaint a detailed explanation of the reason for the delay.

(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.

#### Section 14-402

(a) In reviewing an application for licensure or in investigating an allegation brought against a licensed physician or any allied health professional regulated by the Board under this title or Title 15 of this article, the Rehabilitation Program may request the Board to direct, or the Board or a disciplinary panel on its own initiative may direct, the licensed physician or any allied health professional regulated by the Board under this title or Title 15 of this article to submit to an appropriate examination.

(b) In return for the privilege given by the State issuing a license, certification, or registration, the licensed, certified, or registered individual is deemed to have:

  (1) Consented to submit to an examination under this section, if requested by the Board in writing; and

  (2) Waived any claim of privilege as to the testimony or examination reports.

(c) The unreasonable failure or refusal of the applicant or licensee to submit to an examination is prima facie evidence of the applicant's or licensee's inability to practice medicine or the respective discipline competently, unless the Board or disciplinary panel finds that the failure or refusal was beyond the control of the applicant or licensee.

(d) The Board shall pay the costs of any examination made under this section for:

  (1) A licensee; or

  (2) An applicant who was not previously licensed by the Board.

(e) An applicant for reinstatement shall pay the cost of any examination directed by the Board under this section.

(f) The Rehabilitation Program is subject to audit by the Legislative Auditor as provided in Sec. 2-1220 of the State Government Article.

#### Section 14-403

(a) Unless a disciplinary panel agrees to accept the surrender of a license, certification, or registration of an individual the Board regulates, the individual may not surrender the license, certification, or registration nor may the license, certification, or registration lapse by operation of law for purposes of investigation or discipline while the individual is under investigation or while charges are pending.

(b) A disciplinary panel may set conditions on its agreement to accept surrender of a license, certification, or registration.

#### Section 14-404

(a) Subject to the hearing provisions of Sec. 14-405 of this subtitle, a disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the licensee:

  (1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

  (2) Fraudulently or deceptively uses a license;

  (3) Is guilty of:

    (i) Immoral conduct in the practice of medicine; or

    (ii) Unprofessional conduct in the practice of medicine;

  (4) Is:

    (i) Professionally incompetent;

    (ii) Physically incompetent; or

    (iii) Mentally incompetent;

  (5) Solicits or advertises in violation of Sec. 14-503 of this title;

  (6) Abandons a patient;

  (7) Habitually is intoxicated;

  (8) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in Sec. 5-101 of the Criminal Law Article;

  (9) Provides professional services:

    (i) While under the influence of alcohol; or

    (ii) While using any narcotic or controlled dangerous substance, as defined in Sec. 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

  (10) Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

  (11) Willfully makes or files a false report or record in the practice of medicine;

  (12) Willfully fails to file or record any medical report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

  (13) On proper request, and in accordance with the provisions of Title 4, Subtitle 3 of the Health - General Article, fails to provide details of a patient's medical record to the patient, another physician, or hospital;

  (14) Solicits professional patronage through an agent or other person or profits from the acts of a person who is represented as an agent of the physician;

  (15) Pays or agrees to pay any sum to any person for bringing or referring a patient or accepts or agrees to accept any sum from any person for bringing or referring a patient;

  (16) Agrees with a clinical or bioanalytical laboratory to make payments to the laboratory for a test or test series for a patient, unless the licensed physician discloses on the bill to the patient or third-party payor:

    (i) The name of the laboratory;

    (ii) The amount paid to the laboratory for the test or test series; and

    (iii) The amount of procurement or processing charge of the licensed physician, if any, for each specimen taken;

  (17) Makes a willful misrepresentation in treatment;

  (18) Practices medicine with an unauthorized person or aids an unauthorized person in the practice of medicine;

  (19) Establishes a pattern of excessive or medically unnecessary procedures or treatment;

  (20) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;

  (21) Is disciplined by a licensing or disciplinary authority or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;

  (22) Fails to meet appropriate standards as determined by appropriate peer review for the delivery of quality medical and surgical care performed in an outpatient surgical facility, office, hospital, or any other location in this State;

  (23) Willfully submits false statements to collect fees for which services are not provided;

  (24) Was subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under this section and the licensee:

    (i) Surrendered the license issued by the state or country to the state or country; or

    (ii) Allowed the license issued by the state or country to expire or lapse;

  (25) Willfully fails to report suspected child abuse in violation of Sec. 5-704 of the Family Law Article;

  (26) Fails to educate a patient being treated for breast cancer of alternative methods of treatment as required by Sec. 20-113 of the Health - General Article;

  (27) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes;

  (28) Fails to comply with the provisions of Sec. 12-102 of this article;

  (29) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

  (30) Except as to an association that has remained in continuous existence since July 1, 1963:

    (i) Associates with a pharmacist as a partner or co-owner of a pharmacy for the purpose of operating a pharmacy;

    (ii) Employs a pharmacist for the purpose of operating a pharmacy; or

    (iii) Contracts with a pharmacist for the purpose of operating a pharmacy;

  (31) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention's guidelines on universal precautions;

  (32) Fails to display the notice required under Sec. 14-415 of this subtitle;

  (33) Fails to cooperate with a lawful investigation conducted by the Board or a disciplinary panel;

  (34) Is convicted of insurance fraud as defined in Sec. 27-801 of the Insurance Article;

  (35) Is in breach of a service obligation resulting from the applicant's or licensee's receipt of State or federal funding for the licensee's medical education;

  (36) Willfully makes a false representation when seeking or making application for licensure or any other application related to the practice of medicine;

  (37) Intimidates or influences, or attempts to intimidate or influence, for the purpose of causing any person to withhold or change testimony in hearings or proceedings before the Board or a disciplinary panel or those otherwise delegated to the Office of Administrative Hearings;

  (38) Willfully hinders, prevents, or otherwise delays any person from making information available to the Board or a disciplinary panel in furtherance of any investigation of the Board or a disciplinary panel;

  (39) Intentionally misrepresents credentials for the purpose of testifying or rendering an expert opinion in hearings or proceedings before the Board or a disciplinary panel or those otherwise delegated to the Office of Administrative Hearings;

  (40) Fails to keep adequate medical records as determined by appropriate peer review;

  (41) Performs a cosmetic surgical procedure in an office or a facility that is not:

    (i) Accredited by:

      (1) The American Association for Accreditation of Ambulatory Surgical Facilities;

      (2) The Accreditation Association for Ambulatory Health Care; or

      (3) The Joint Commission on the Accreditation of Healthcare Organizations; or

    (ii) Certified to participate in the Medicare program, as enacted by Title XVIII of the Social Security Act;

  (42) Fails to complete a criminal history records check under Sec. 14-308.1 of this title;

  (43) Except for the licensure process described under Subtitle 3A of this title, violates any provision of this title, any rule or regulation adopted by the Board, or any State or federal law pertaining to the practice of medicine;

  (44) Fails to meet the qualifications for licensure under Subtitle 3 of this title;

  (45) Fails to comply with Sec. 1-223 of this article;

  (46) Fails to comply with the requirements of the Prescription Drug Monitoring Program under Title 21, Subtitle 2A of the Health - General Article; or

  (47) Willfully makes a misrepresentation to a disciplinary panel.

(b)

  (1) On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

  (2) After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

(c)

  (1) Except as provided in paragraph (2) of this subsection, a disciplinary panel may not reprimand, place on probation, or suspend or revoke a license of a licensee for providing a patient with a written statement, medical records, or testimony that, in the licensee's professional opinion, the patient is likely to receive therapeutic or palliative relief from cannabis.

  (2) Nothing in this subsection shall be deemed to release a licensee from the duty to exercise a professional standard of care when evaluating a patient's medical condition.

(d)

  (1) If, after a hearing under Sec. 14-405 of this subtitle, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board's regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

  (2) The Board shall pay any fines collected under this section into the General Fund of the State.

(e) In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.

#### Section 14-405

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under Sec. 14-404(a) of this subtitle or Sec. 14-205(b)(3), Sec. 14-5A-17(a), Sec. 14-5B-14(a), Sec. 14-5C-17(a), Sec. 14-5D-14(a), Sec. 14-5E-16(a), Sec. 14-5F-18, or Sec. 14-5G-18(a) of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

(b)

  (1) The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

  (2) Factual findings shall be supported by a preponderance of the evidence.

(c) The individual may be represented at the hearing by counsel.

(d) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.

(e) After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board's or disciplinary panel's disposition.

(f) The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.

(g) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.

#### Section 14-406

(a) Following the filing of charges, if a majority of the quorum of a disciplinary panel finds that there are grounds for action under Sec. 14-404 of this subtitle, the disciplinary panel shall pass an order in accordance with the Administrative Procedure Act.

(b) After the charges are filed, if a disciplinary panel finds, on an affirmative vote of a majority of its quorum, that there are no grounds for action under Sec. 14-404 of this subtitle, the disciplinary panel:

  (1) Immediately shall dismiss the charges and exonerate the licensee;

  (2)

    (i) Except as provided in item (ii) of this item, shall expunge all records of the charges 3 years after the charges are dismissed; or

    (ii) If the physician executes a document releasing the Board from any liability related to the charges, shall immediately expunge all records of the charges; and

  (3) May not take any further action on the charges.

#### Section 14-407

(a) An order of suspension or revocation is effective, in accordance with its terms and conditions, as soon as a disciplinary panel files it under this title.

(b) The Board shall keep a copy of the order of suspension or revocation as a permanent record.

#### Section 14-408

(a) Any person aggrieved by a final decision of the Board or a disciplinary panel in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal as provided in the Administrative Procedure Act.

(b) An order of the Board or a disciplinary panel may not be stayed pending review.

(c) The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.

#### Section 14-409

(a)

  (1) Except as provided in subsection (b) of this section, a disciplinary panel may reinstate the license of an individual whose license has been surrendered or revoked under this title only in accordance with:

    (i) The terms and conditions of the order of revocation or letter of surrender;

    (ii) An order of reinstatement issued by the disciplinary panel; or

    (iii) A final judgment in any proceeding for review.

  (2) If a license is surrendered or revoked for a period of more than 1 year, a disciplinary panel may reinstate the license after 1 year if the licensee:

    (i) Meets the requirements for reinstatement as established by the Board; and

    (ii) Completes a criminal history records check in accordance with Sec. 14-308.1 of this title.

(b) An individual whose license has been surrendered or revoked under this title and who seeks reinstatement shall meet the continuing medical education requirements established for the renewal of licenses as if the individual were licensed during the period of surrender or revocation.

(c) If an order of revocation is based on Sec. 14-404(b) of this subtitle, and the conviction or plea subsequently is overturned at any stage of an appeal or other postconviction proceeding, the revocation ends when the conviction or plea is overturned.

#### Section 14-410

(a) Except by the express stipulation and consent of all parties to a proceeding before the Board, a disciplinary panel, or any of its other investigatory bodies, in a civil or criminal action:

  (1) The proceedings, records, or files of the Board, a disciplinary panel, or any of its other investigatory bodies are not discoverable and are not admissible in evidence; and

  (2) Any order passed by the Board or disciplinary panel is not admissible in evidence.

(b) This section does not apply to a civil action brought by a party to a proceeding before the Board or a disciplinary panel who claims to be aggrieved by the decision of the Board or the disciplinary panel.

(c) If any medical or hospital record or any other exhibit is subpoenaed and otherwise is admissible in evidence, the use of that record or exhibit in a proceeding before the Board, a disciplinary panel, or any of its other investigatory bodies does not prevent its production in any other proceeding.

#### Section 14-411

(a) In this section, "record" means the proceedings, records, or files of the Board or a disciplinary panel.

(b) Except as otherwise expressly provided in this section and Sec. 14-411.1 of this subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not disclose any information contained in a record.

(c) This section may not be construed to prevent or limit the disclosure of:

  (1) General licensure, certification, or registration information maintained by the Board, if the request for release complies with the criteria of Sec. 4-333 of the General Provisions Article;

  (2) Profile information collected and disseminated under Sec. 14-411.1 of this subtitle; or

  (3) Personal and other identifying information of a licensee, as required by the National Practitioner Data Bank for participation in the proactive disclosure service.

(d) The Board shall disclose any information contained in a record to:

  (1) A committee of a hospital, health maintenance organization, or related institution if:

    (i) The committee of a medical hospital staff concerned with licensee discipline or other committee of a hospital, health maintenance organization, or related institution requests the information in writing;

    (ii) A disciplinary panel has issued an order as to a licensee on whom the information is requested; and

    (iii) The Board determines that the information requested is necessary for an investigation or action of the committee as to a medical privilege of a licensee; or

  (2) The Secretary, the Office of Health Care Quality in the Department, the Maryland Health Care Commission, or the Health Services Cost Review Commission for the purpose of investigating quality or utilization of care in any entity regulated by the Office of Health Care Quality or the Health Services Cost Review Commission.

(e) Subsection (d)(2) of this section may not be construed to alter the authority of the Secretary under Sec. 1-203(a) of this article or Sec. 2-106(c) of the Health - General Article.

(f)

  (1) The Board shall notify all hospitals, health maintenance organizations, or other health care facilities where a licensee has privileges, has a provider contract with a health maintenance organization, or is employed of a complaint or report filed against that licensee, if:

    (i) The Board determines, in its discretion, that the hospital, health maintenance organization, or health care facility should be informed about the report or complaint;

    (ii) The nature of the complaint suggests a reasonable possibility of an imminent threat to patient safety; or

    (iii) The complaint or report was as a result of a claim filed in the Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is filed in accordance with Sec. 3-2A-04(b)(1) of the Courts Article.

  (2) The Board shall disclose any information pertaining to a licensee's competency to practice under the license contained in record to a committee of a hospital, health maintenance organization, or other health care facility if:

    (i) The committee is concerned with licensee discipline and requests the information in writing; and

    (ii) The Board has received a complaint or report pursuant to paragraph (1)(i) and (ii) of this subsection on the licensee on whom the information is requested.

  (3) The Board shall, after formal action is taken pursuant to Sec. 14-406 of this subtitle, notify those hospitals, health maintenance organizations, or health care facilities where the licensee has privileges, has a provider contract with a health maintenance organization, or is employed of its formal action within 10 days after the action is taken and shall provide the hospital, health maintenance organization, or health care facility with periodic reports as to enforcement or monitoring of a formal disciplinary order against a licensee within 10 days after receipt of those reports.

(g) On the request of a person who has made a complaint to the Board regarding a licensee, the Board shall provide the person with information on the status of the complaint.

(h) Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board's website.

(i) The Board may disclose any information contained in a record to a licensing or disciplinary authority of another state if:

  (1) The licensing or disciplinary authority of another state that regulates licensees in that state requests the information in writing; and

  (2) The disclosure of any information is limited to the pendency of an allegation of a ground for disciplinary or other action by a disciplinary panel until:

    (i) The disciplinary panel has passed an order under Sec. 14-406 of this subtitle; or

    (ii) A licensee on whom the information is requested authorizes a disclosure as to the facts of an allegation or the results of an investigation before the Board.

(j) The Board may disclose any information contained in a record to a person if:

  (1) A licensee on whom any information is requested authorizes the person to receive the disclosure;

  (2) The person requests the information in writing; and

  (3) The authorization for the disclosure is in writing.

(k) The Board may disclose any information contained in a record to the State Medical Assistance Compliance Administration, the Secretary of the U.S. Department of Health and Human Services or the Secretary's designee, or any health occupational regulatory board if:

  (1)

    (i) The State Medical Assistance Compliance Administration or any health occupational regulatory board requests the information in writing; or

    (ii) The Secretary of the U.S. Department of Health and Human Services or the Secretary's designee is entitled to receive the information or have access to the information under 42 U.S.C. Sec. 1396r-2;

  (2)

    (i) A disciplinary panel has issued an order under Sec. 14-406 of this subtitle; or

    (ii) An allegation is pending before the Board or a disciplinary panel; and

  (3) The Board determines that the requested information is necessary for the proper conduct of the business of that administration or board.

(l) If the Board or a disciplinary panel determines that the information contained in a record concerns possible criminal activity, the Board or the disciplinary panel shall disclose the information to a law enforcement or prosecutorial official.

(m) The Board may permit inspection of records for which inspection otherwise is not authorized by a person who is engaged in a research project if:

  (1) The researcher submits to the executive director and the Board approves a written request that:

    (i) Describes the purpose of the research project;

    (ii) Describes the intent, if any, to publish the findings;

    (iii) Describes the nature of the requested personal records;

    (iv) Describes the safeguards that the researcher would take to protect the identity of the persons in interest; and

    (v) States that persons in interest will not be contacted unless the executive director approves and monitors the contact;

  (2) The executive director is satisfied that the proposed safeguards will prevent the disclosure of the identity of persons in interest; and

  (3) The researcher makes an agreement with the executive director that:

    (i) Defines the scope of the research project;

    (ii) Sets out the safeguards for protecting the identity of the persons in interest; and

    (iii) States that a breach of any condition of the agreement is a breach of contract.

(n) On the request of a person who has testified in a Board or Office of Administrative Hearings proceeding, the Board shall provide to the person who testified a copy of the portion of the transcript of that person's testimony.

(o)

  (1) The Board may publish a summary of any allegations of grounds for disciplinary or other action.

  (2) A summary may not identify:

    (i) Any person who makes an allegation to the Board or any of its investigatory bodies;

    (ii) A licensee about whom an allegation is made; or

    (iii) A witness in an investigation or a proceeding before the Board or any of its investigatory bodies.

(p) The Board shall disclose information in a record upon the request of the Governor, Secretary, or Legislative Auditor, in accordance with Sec. 2-1223(a) of the State Government Article. However, the Governor, Secretary, or Auditor, or any of their employees may not disclose personally identifiable information from any of these records which are otherwise confidential by law.

(q) This section does not apply to:

  (1) Any disclosure of a record by the Board to a disciplinary panel or any of its other investigatory bodies; or

  (2) A licensee, certificate holder, or registration holder who has been charged under this title or a party to a proceeding before the Board or a disciplinary panel who claims to be aggrieved by the decision of the Board or the disciplinary panel.

(r) If any information contained in any medical or hospital document or any other exhibit is otherwise open for disclosure under law, the use of that document or exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory bodies does not prevent its disclosure in any other proceeding.

#### Section 14-411.1

(a) In this section, "health maintenance organization" has the meaning stated in Sec. 19-701 of the Health - General Article.

(b) The Board shall create and maintain a public individual profile on each licensee that includes the following information:

  (1) A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under Sec. 14-404 of this subtitle based on the charges or has rescinded the charges;

  (2) A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10-year period that includes a copy of the public order;

  (3) A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10-year period;

  (4) A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude reported to the Board under Sec. 14-416 of this subtitle; and

  (5) As reported to the Board by the licensee, education and practice information about the licensee including:

    (i) The name of any medical school that the licensee attended and the date on which the licensee graduated from the school;

    (ii) A description of any internship and residency training;

    (iii) A description of any specialty board certification by a recognized board of the American Board of Medical Specialties or the American Osteopathic Association;

    (iv) The name of any hospital where the licensee has medical privileges;

    (v) The location of the licensee's primary practice setting;

    (vi) Whether the licensee participates in the Maryland Medical Assistance Program;

    (vii) Whether the licensee maintains medical professional liability insurance; and

    (viii) The number of medical malpractice final court judgments and arbitration awards against the licensee within the most recent 10-year period.

(c) In addition to the requirements of subsection (b) of this section, the Board shall:

  (1) Following the filing of charges or notice of initial denial of a license application, disclose the filing to the public on the Board's website;

  (2) Provide appropriate and accessible Internet links from the Board's website:

    (i) To the extent available, to the appropriate portion of the website of each health maintenance organization licensed in this State which will allow the public to ascertain the names of the physicians affiliated with the health maintenance organization; and

    (ii) To the appropriate portion of the website of the American Medical Association;

  (3) Include a statement on each licensee's profile of information to be taken into consideration by a consumer when viewing a licensee's profile, including factors to consider when evaluating a licensee's malpractice data, and a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel; and

  (4) Provide on the Board's website:

    (i) Notification that a person may contact the Board by telephone, electronic mail, or written request to find out whether the number of medical malpractice settlements involving a particular licensee totals three or more with a settlement amount of $1,000,000 or greater within the most recent 5-year period as reported to the Board; and

    (ii) A telephone number, electronic mail address, and physical address through which a person may contact the Board to request the information required to be provided under item (i) of this item.

(d) The Board:

  (1) On receipt of a written request for a licensee's profile from any  person, shall forward a written copy of the profile to the person;

  (2) Shall maintain a website that serves as a single point of entry where all licensee profile information is available to the public on the Internet; and

  (3) On receipt of a verbal, electronic, or written  request in accordance with subsection (c)(3) of this section, shall  provide the information within 2 business days of the request.

(e) The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee's profile.

(f) The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee's profile within 10 days after the charges are filed or the action becomes final.

(g) This section does not limit the Board's authority to disclose information as required under Sec. 14-411 of this subtitle.

#### Section 14-412

(a) If a person is a member of the Board or a legally authorized agent of the Board and is investigating, prosecuting, participating in a hearing, or otherwise acting on an allegation of a ground for Board action made to the Board, the person shall have the immunity from liability described under Sec. 5-715(b) of the Courts and Judicial Proceedings Article.

(b) A person who makes an allegation of a ground for Board action to the Board shall have the immunity from liability described under Sec. 5-715(c) of the Courts and Judicial Proceedings Article.

#### Section 14-413

(a)

  (1) Except as provided in subsections (b) and (d) of this section, each employer of a licensed physician shall submit to the Board a report if:

    (i) The employer:

      (1) Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed physician's clinical privileges, employment, or other ability to practice or treat patients;

      (2) Involuntarily terminated or restricted the licensed physician's employment or staff membership; or

      (3) Asked the licensed physician to voluntarily resign because of the licensed physician's conduct or while the licensed physician is being investigated; and

    (ii) The action described under item (i) of this paragraph was taken:

      (1) For reasons that might be grounds for disciplinary action under Sec. 14-404 of this subtitle;

      (2) Because the licensed physician may have engaged in an act that may constitute unprofessional conduct;

      (3) Because the licensed physician may be unable to practice medicine with reasonable skill and safety because of a physical or mental condition or professional incompetence; or

      (4) Because the licensed physician may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.

  (2) Each report submitted under paragraph (1) of this subsection shall include:

    (i) The action taken by the employer;

    (ii) A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer's action; and

    (iii) The steps taken by the employer to investigate the conduct of the licensed physician.

  (3)

    (i) The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.

    (ii) If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.

(b) If an employer knows that the conduct of a licensed physician requires that the employer submit a report under subsection (a)(1) of this section because the licensed physician is impaired by alcohol or another substance, the employer is not required to report the licensed physician to the Board if:

  (1) The employer knows that the licensed physician is:

    (i) In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or

    (ii) Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;

  (2) The employer is able to verify that the licensed physician remains in the treatment program until successful discharge; and

  (3) The action or condition of the licensed physician has not caused injury to any person while the physician is practicing as a licensed physician.

(c) If the employer knows that the licensed physician is noncompliant with the substance use disorder treatment program, the employer of the licensed physician shall report the licensed physician's noncompliance to the Board.

(d)

  (1) The Board may extend the reporting time under this section for good cause shown.

  (2) A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.

(e) The Board may enforce this section by subpoena.

(f) Any person shall have the immunity from liability described under Sec. 5-715(d) of the Courts and Judicial Proceedings Article for giving any of the information required by this section.

(g) An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.

(h) A report made under this section is privileged, not subject to inspection under the Public Information Act, and 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.

(i)

  (1) A disciplinary panel may impose a civil penalty of up to $10,000 for knowingly failing to report under this section.

  (2) A disciplinary panel may impose a civil penalty of up to $10,000 per incident for a report made by an employer in bad faith.

  (3) The Board shall remit any penalty collected under this subsection into the General Fund of the State.

#### Section 14-414

(a) Except as otherwise provided in this subtitle, an employer may not employ an individual to practice medicine without a license.

(b) A disciplinary panel may impose a civil penalty in an amount not exceeding $10,000 for a violation of this section.

(c) The Board shall remit any penalty collected under this section into the Board of Physicians Fund.

#### Section 14-415

If a physician is engaged in the private practice of medicine in this State, the physician shall display the notice developed under Sec. 1-207 of this article conspicuously in each office where the physician is engaged in practice.

#### Section 14-416

(a) Each court shall report to the Board each conviction of or entry of a plea of guilty or nolo contendere by a physician for any crime involving moral turpitude.

(b) The court shall submit the report within 10 days after the conviction or entry of the plea.

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Md. Code Ann., Health Occ. (as displayed at mgaleg.maryland.gov, October 16, 2026)