In this section, “the Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13-503 of the Education Article. This section applies to: MedChi; A component medical society of MedChi; A committee of MedChi or of a component medical society of MedChi; A committee appointed by or established in the Maryland Institute for Emergency Medical Services Systems; A hospital, related institution, or other health care facility staff committee; A hospital, related institution, or other health care facility credentials committee or its equivalent; The chief executive officer of a hospital, related institution, or other health care facility; The dean of any medical school in this State; A member of the Board; A casualty insurer writing medical professional liability insurance in this State; A utilization committee of: A nonprofit health service plan; or A health insurer doing business in this State; The chief executive officer of an alternative health system; The medical director of an alternative health system; A medical review committee appointed by or established in an alternative health system; and A physician. A person described in subsection (b) of this section shall have the immunity from liability described under § 5-638 of the Courts and Judicial Proceedings Article for giving information to any hospital, hospital medical staff, related institution, or other health care facility, alternative health system, professional society, medical school, or professional licensing board.

A physician may not represent to the public that the physician is board certified unless: The physician is board certified; and The physician discloses the full name of the board from which the physician is certified and the name of the specialty or subspecialty in which the physician is certified. A physician may advertise only as permitted by the rules and regulations of the Board and subject to subsection (a) of this section.

This section does not apply to a dentist performing acupuncture in connection with the practice of dentistry if the dentist is licensed or otherwise authorized to practice dentistry under Title 4 of this article. Unless licensed under Title 1A of this article, a physician shall be registered by the Board before the physician may perform acupuncture in this State. The Board shall register to perform acupuncture any physician who meets the following requirements: Successful completion of at least 200 hours of training in a program of study in acupuncture, including any examinations required under the program, approved for category 1 continuing medical education credit by an institution accredited or recognized by the Accreditation Council on Continuing Medical Education; or Successful completion of a course of study approved by the Board which includes at least 200 hours of instruction in: General and basic aspects of acupuncture; Specific uses and techniques of acupuncture; and Indications and contraindications of acupuncture administration; Ability to communicate in the English language; Payment of application and registration fees; and Other reasonable conditions determined by the Board. A physician who is registered under this section may perform acupuncture on or off the premises of the physician’s office. A physician who performs acupuncture may advertise only as permitted by the rules and regulations of the Board. The Board may adopt rules and regulations to carry out the provisions of this section. Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of its quorum, may reprimand or place a physician who performs acupuncture on probation or suspend or revoke the registration of a physician for: Any conduct prohibited under the provisions of this section or prohibited under any regulation adopted pursuant to the provisions of this section; Except in an emergency life–threatening situation where it is not feasible or practicable, failing to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; or Failing to display the notice required under subsection (h) of this section. If a physician who performs acupuncture is engaged in the private practice of acupuncture in this State, the physician who performs acupuncture shall display the notice developed under § 1-207 of this article conspicuously in each office where the physician is engaged in practice.

A licensed physician or registered nurse who is primarily responsible for the treatment of an individual for a burn injury described in paragraph (2) of this subsection shall as soon as practicable notify the county fire chief or administrator, or designee, or, if neither office exists, the State Fire Marshal or designee. If treatment occurs at a hospital, the treating physician or designee shall be responsible for giving the notice required by this section. The provisions of paragraph (1) of this subsection apply to a burn injury: Causing 2nd or 3rd degree burns to 5 percent or more of the patient’s body; To the upper respiratory tract or laryngeal edema caused by inhaling super-heated air; Which causes death; or Which is likely to cause death. The provisions of paragraph (1) of this subsection do not apply to a sunburn. Notice under this section shall include: The name and address of the patient, if known; A description of the burn injury; The reported cause of the burn injury, if given; The patient’s prognosis; and Any other fact concerning the burn injury which might assist in detecting arson. If an investigation is conducted after notification is given under subsection (a) of this section, the investigating agency shall report its findings on an incident reporting system report and send it to the State Fire Marshal’s office for retention.

In this section, “the Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13–503 of the Education Article. The following records and other information are confidential records: Any record and other information obtained by MedChi, a component society of MedChi, the Maryland Institute for Emergency Medical Services Systems, a hospital staff committee, or a national medical society or group organized for research, if that record or information identifies any person; and Any record of a proceeding or transaction before the entity or individual that contracts with the Board or one of its committees that relates to any investigation or report under § 14–401.1 of this title as to an allegation of grounds for disciplinary or other action. Access to and use of any confidential record described in subsection (b) of this section is regulated by §§ 5–601 and 10–205(b) of the Courts Article. This section does not restrict the publication of any statistics or other information that does not disclose the identity of any person.

In this section the following words have the meanings indicated. “Immediate follow–up care” is that period of contact lens fitting time required to reach a contact lens prescription that is appropriate to the documented clinical needs of the patient. “Replacement contact lens prescription” means a prescription prepared by a licensed physician containing the information specified in this section and written expressly for the purpose of providing lenses which have already been properly fitted. A licensed physician shall ensure that each replacement contact lens prescription that the licensed optometrist prescribes for contact lenses: Contains all the information necessary for the replacement contact lens prescription to be properly dispensed, including but not limited to the: Lens manufacturer; Type of lens; Power of the lens; Base curve; Lens size; Name of the patient; Date the prescription was given to the patient; Name and office location of the licensed physician who writes the replacement contact lens prescription; and Expiration date of the replacement contact lens prescription; and Is reduced to writing and placed in the patient’s permanent file. After a licensed physician releases the patient from immediate follow–up care, the patient may request the replacement contact lens prescription from the licensed physician. If, after examination, the patient’s prescription has not changed since the last examination, a licensed physician shall comply with the provisions of paragraph (2) of this subsection without requiring the patient to purchase contact lenses or to undergo immediate follow–up care. Upon the request of a patient of a licensed physician, and without cost to the patient, the licensed physician shall provide the patient’s replacement contact lens prescription to the patient or the patient’s designee. In responding to a request under paragraph (1)(i) of this subsection, a licensed physician shall transmit the contact lens prescription by mail, telephone, facsimile, e–mail, or any other means of communication that will, under normal circumstances, result in the designee receiving the information within 7 business days after the patient’s request. The replacement contact lens prescription that the licensed physician provides the patient under subparagraph (i) of this paragraph: Shall contain the information necessary for the proper duplication of the current prescription of the patient; Shall contain, subject to the provisions of subsection (d) of this section, an expiration date for the replacement contact lens prescription of not more than 24 months from the time the patient was first examined; and May contain wearing guidelines or specific instructions for use of the contact lenses by the patient, or both. The licensed physician shall enter into the patient’s medical record the valid clinical reasons for a shorter expiration date and shall provide the patient with a written and oral explanation of the clinical reasons for a shorter expiration date. When a patient’s prescription is dispensed by a person other than the licensed physician or a person associated directly or indirectly with the licensed physician, the licensed physician is not liable for any injury to or condition of a patient caused solely by the negligence of the dispenser. A licensed physician who releases a replacement contact lens prescription to a patient may provide the patient with a written statement that wearing improperly fitted contact lenses may cause harm to the patient’s eyes and that the patient should have an eye examination if there are any changes in the patient’s vision, including pain or vision loss. A licensed physician who fills or provides a contact lens prescription shall maintain a record of that prescription in accordance with § 4–403 of the Health – General Article. A person other than a licensed physician who fills a contact lens prescription shall maintain a record of that prescription for 5 years. The Board may impose a civil fine of no more than $1,000 on a licensed physician who fails to provide a replacement contact lens prescription or who knowingly dispenses contact lenses without a valid and unexpired replacement contact lens prescription, or who otherwise fails to comply with this title.

Each licensee practicing medicine in the State shall notify a patient in writing if: The licensee does not maintain medical professional liability insurance coverage; or The licensee’s medical professional liability insurance coverage has lapsed for any period of time and the licensee’s coverage has not been renewed. The written notification provided to the patient under subsection (a) of this section must be: Provided: At the first visit by the patient during any period in which the licensee does not maintain medical professional liability insurance, unless the visit is for the purpose of receiving incidental medical care that will be rendered free of charge; and As part of each informed consent obtained before any procedure or operation discussed or offered for the patient’s consideration is performed; Signed by the patient at the time of the patient’s visit or the informed consent is signed; and Retained by the licensee as part of the licensee’s patient records. Each licensee practicing medicine in the State who does not maintain medical professional liability insurance coverage shall post this information in a conspicuous location in the licensee’s place of practice.

In this section, “ACCME” means the Accrediting Council for Continuing Medical Education. A physician may dispense a topical medication that is approved by the federal Food and Drug Administration for the treatment of hypotrichosis without obtaining a dispensing permit or completing the continuing education required under § 12–102(c)(2)(ii) of this article if the physician: Otherwise complies with the requirements of § 12–102(c)(2)(ii) of this article; and Has received a special class of written permit from the Board. The Board may issue a special class of written permit to a physician under subsection (b) of this section if the physician: Completes 1 hour of continuing medical education per year on the dispensing of topical medications developed by an ACCME–accredited Maryland nonprofit or governmental entity; and Pays to the Board a $100 permit fee.