In this title the following words have the meanings indicated. “Ambulatory surgical facility” means a facility: Accredited by: The American Association for Accreditation of Ambulatory Surgical Facilities; The Accreditation Association for Ambulatory Health Care; or The Joint Commission on Accreditation of Healthcare Organizations; or Certified to participate in the Medicare program, as enacted by Title XVIII of the Social Security Act. “Board” means the State Board of Physicians, established under § 14–201 of this article. “Collaboration” means the communication and decision–making process among health care providers who are members of a patient care team related to the treatment of a patient that includes the degree of cooperation necessary to provide treatment and care to the patient and includes: Communication of data and information about the treatment and care of a patient, including the exchange of clinical observations and assessments; and Development of an appropriate plan of care, including: Decisions regarding the health care provided; Accessing and assessment of appropriate additional resources or expertise; and Arrangement of appropriate referrals, testing, or studies. “Collaboration” does not require the constant, physical presence of a collaborating physician on–site in the practice setting, if the collaborating physician is accessible by electronic means. “Collaboration agreement” means a document that: Outlines the collaboration between a physician assistant and: An individual physician; or A group of physicians; and Is developed by a physician assistant and the physician or group of physicians. “Committee” means the Physician Assistant Advisory Committee. “Controlled dangerous substances” has the meaning stated in § 5–101 of the Criminal Law Article. “Correctional facility” includes a State or local correctional facility. “Disciplinary panel” means a disciplinary panel of the Board established under § 14–401 of this article. “Dispense” or “dispensing” has the meaning stated in § 12–101 of this article. “Drug sample” means a unit of a prescription drug that is intended to promote the sale of the drug and is not intended for sale. “Hospital” means: A hospital as defined under § 19–301 of the Health – General Article; A comprehensive care facility that: Meets the requirements of a hospital–based skilled nursing facility under federal law; and Offers acute care in the same building; and An emergency room that is physically connected to a hospital or a freestanding medical facility that is licensed under Title 19, Subtitle 3A of the Health – General Article. “License” means a license issued by the Board to a physician assistant under this title. “National certifying examination” means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants or its successor. “Patient care team” means a multidisciplinary team of health care providers actively functioning as a unit with the leadership of one or more patient care team physicians for the purpose of providing and delivering health care to a patient or group of patients. “Patient care team physician” means a licensed physician who regularly practices in the State and who provides leadership in the care of patients as part of a patient care team. “Physician assistant” means an individual who is licensed under this title to practice as a physician assistant. “Practice as a physician assistant” means the performance of medical acts that are: Authorized under a license issued by the Board; and Authorized under the physician assistant’s collaboration agreement. “Prescriptive authority” means the authority of a physician assistant to: Prescribe and administer controlled dangerous substances, prescription drugs, medical devices, and the oral, written, or electronic ordering of medications; and Dispense as provided under § 15–302.2(b), (c), and (d) of this title. “Public health facility” means a site where clinical public health services are rendered under the auspices of the Department, a local health department in a county, or the Baltimore City Health Department. “Starter dosage” means an amount of a drug sufficient to begin therapy: Of short duration of 72 hours or less; or Prior to obtaining a larger quantity of the drug to complete therapy.

A physician assistant may not practice within the scope of practice of any of the following health occupations authorized under this article: Nursing; Optometry; Physical therapy; or Psychology. This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

Subject to paragraph (2) of this subsection, an employer of a physician assistant shall report to the Board, on the form prescribed by the Board, any termination of employment of the physician assistant if the cause of termination is related to a quality of care issue. Subject to subsection (c) of this section, a physician or group of physicians that develops a collaboration agreement with a physician assistant or an employer of a physician assistant shall notify the Board within 10 days of the termination of employment of the physician assistant for reasons that would be grounds for discipline under this title. A physician or group of physicians that develops a collaboration agreement with a physician assistant or the physician assistant shall immediately document the termination of the relationship in the collaboration agreement on file at the physician assistant’s primary place of business. Except as otherwise provided under subsections (c) and (e) of this section, each employer of a licensed physician assistant shall submit to the Board a report if: The employer: Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed physician assistant’s clinical privileges, employment, or other ability to practice or treat patients; Involuntarily terminated or restricted the licensed physician assistant’s employment or staff membership; or Asked the licensed physician assistant to voluntarily resign because of the licensed physician assistant’s conduct or while the licensed physician assistant is being investigated; and The action described under item (i) of this paragraph was taken: For reasons that might be grounds for disciplinary action under § 15–314 of this title; Because the licensed physician assistant may have engaged in an act that may constitute unprofessional conduct; Because the licensed physician assistant may be unable to practice as a physician assistant with reasonable skill and safety because of a physical or mental condition or professional incompetence; or Because the licensed physician assistant 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. Each report submitted under paragraph (1) of this subsection shall include: The action taken by the employer; 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 The steps taken by the employer to investigate the conduct of the licensed physician assistant. 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. If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information. If an employer knows that the conduct of a licensed physician assistant requires that the employer submit a report under subsection (b)(1) of this section because the physician assistant is impaired by alcohol or another substance, the employer is not required to report the licensed physician assistant to the Board if: The employer knows that the licensed physician assistant is: In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders; The employer is able to verify that the physician assistant remains in the treatment program until successful discharge; and The action or condition of the physician assistant has not caused injury to any person while the physician assistant is practicing as a licensed physician assistant. If the employer knows that the licensed physician assistant is noncompliant with the substance use disorder treatment program, the employer of the licensed physician assistant shall report the licensed physician assistant’s noncompliance to the Board. The Board may extend the reporting under this section for good cause shown. 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. The Board may enforce this section by subpoena. Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section. 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. A report 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. A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section. A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith. The Board shall pay any fees collected under this subsection into the General Fund of the State. An employer shall make the report required under this section to the Board within 5 days after the date of termination of employment. The Board shall adopt regulations to implement the provisions of this section.