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<regulation prefix="Regulation" num=".24" citation="COMAR 10.07.01.24" title_num="10" subtitle_num="07" chapter_num="01" heading="Physician Credentialing Process.">
  <paragraph num="A.">
    <text>General. In accordance with this regulation, a hospital shall have in effect a credentialing process.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Scope of Credentialing Process. The credentialing process shall apply to any physician who shall admit or treat patients in the hospital.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Specific Standard — Appointment and Employment Process.</text>
    <paragraph num="(1)">
      <text>In accordance with this section, a hospital shall establish a formal written process for the appointment or employment of a physician by the hospital.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The term of an appointment may not exceed the term established by the standards of the accreditation organization that accredits the hospital.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The formal written appointment or employment process shall provide for a probationary period that shall be successfully completed before the finalization of the appointment or employment of the physician.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>As part of the formal written appointment and employment process, the hospital shall collect, verify, review, and document the following information about the physician:</text>
      <paragraph num="(a)">
        <text>The physician's education;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The clinical expertise of the physician;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The professional experience of the physician including:</text>
        <paragraph num="(i)">
          <text>Any board certification or specialty training of the physician;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The internship of the physician; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The residencies of the physician;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Any license or registration to practice a health occupation ever held by the physician, including:</text>
        <paragraph num="(i)">
          <text>A license to practice medicine; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>DEA registration;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>Whether any license or registration to practice a health occupation ever held by the physician has been:</text>
        <paragraph num="(i)">
          <text>Suspended;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Revoked;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Voluntarily surrendered or not renewed;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Concerning any hospital where the physician was appointed or employed:</text>
        <paragraph num="(i)">
          <text>The name of the hospital;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The term of appointment or employment;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Privileges held and any disciplinary action taken on the privileges, including suspension, revocation, limitation, or voluntary surrender;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>Concerning the physician's professional liability insurance:</text>
        <paragraph num="(i)">
          <text>The physician's present carrier;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The physician's current limits of coverage;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The physician's current types of coverage;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Restrictions on the physician's coverage; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Whether or not the physician has maintained continuous malpractice coverage since first obtaining professional insurance;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(h)">
        <text>Any claim that has been made against the physician in the practice of any health occupation and the status of the claim;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>The physician's medical history including the physician's current mental and physical health status;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>A complaint or report filed with:</text>
        <paragraph num="(i)">
          <text>The Board of Physicians or any other state medical discipline agency;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A state medical society;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A state disciplinary body; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A professional or specialty association.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The formal written process shall provide for the documentation of any action taken by the hospital regarding the appointment or employment of the physician.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Uniform Standard Credentialing Form.</text>
      <paragraph num="(a)">
        <text>A hospital shall use the uniform standard credentialing form approved by the Department for the initial credentialing of a physician seeking appointment or employment.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Use of the uniform standard credentialing form does not preclude a hospital from requiring additional information, attestations, or supplemental documentation as required by that hospital's credentialing process.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A physician seeking hospital privileges shall submit an updated and complete uniform standard credentialing form at the time of application to each hospital.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Specific Standard — Granting of Delineated Clinical Privileges.</text>
    <paragraph num="(1)">
      <text>In accordance with this section, a hospital shall establish a formal written process for the granting of delineated clinical privileges.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The formal written process shall include:</text>
      <paragraph num="(a)">
        <text>Criteria for determining whether a physician shall be granted privileges by the hospital to provide specific services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Criteria for ongoing evaluation of the performance of the services for which privileges have been granted;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Procedures for altering, suspending, or revoking the delineated privileges.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The formal written process shall provide for documentation of any actions taken regarding delineated privileges.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Specific Standard — Reappointment.</text>
    <paragraph num="(1)">
      <text>In accordance with this section, a hospital shall establish a formal written process for the reappointment of a physician who has been appointed to the hospital.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The term of reappointment shall be 2 years or less.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>As part of the formal written appointment process, a hospital shall collect, verify, review, and document the following information about the physician:</text>
      <paragraph num="(a)">
        <text>An update of the information regarding appointment under §C of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Concerning the physician's pattern of performance based on an analysis of the following:</text>
        <paragraph num="(i)">
          <text>Claims filed against the physician;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Utilization, quality and risk data;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A review of clinical skills;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Adherence to hospital bylaws, policies, and procedures;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Compliance with continuing medical education requirements;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>An assessment of current mental and physical health status;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Attitudes, cooperation, and the ability to work with others; and</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>The results of the Practitioner Performance Evaluation process as described in Health-General Article, §§19-3B-01—19-3B-09, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Specific Standard — Record Maintenance.</text>
    <paragraph num="(1)">
      <text>In accordance with this section, a hospital shall maintain a separate credentialing file for each physician.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The credentialing file for each physician shall contain documentation relating to the credentialing process required under this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Disaster Privileges.</text>
    <paragraph num="(1)">
      <text>During an emergency or disaster in which the hospital's disaster or emergency management plan has been activated, when the Governor has declared that a state of emergency exists, or when the Secretary has issued an order pursuant to Health-General Article, §18-905, Annotated Code of Maryland, the chief executive officer, medical staff president, or designee may grant temporary disaster privileges to licensed physicians who have not been appointed to the hospital's medical staff.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The hospital shall develop a medical staff plan for the granting of disaster privileges that identifies:</text>
      <paragraph num="(a)">
        <text>The individual responsible for granting disaster privileges;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The responsibilities of that individual;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A system to manage, assign, and supervise the physicians who have been granted disaster privileges; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The process by which credentials and privileges are verified as soon as the situation allows, ensuring that the process complies with §C of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Physicians granted disaster privileges by a hospital shall:</text>
      <paragraph num="(a)">
        <text>Be registered and trained by the Department as part of the Department's Maryland Physician Volunteer Corps and possess the Department issued photo identification; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Comply with the hospital's medical staff plan for granting privileges in a disaster, which shall require at least one of the following:</text>
        <paragraph num="(i)">
          <text>Presentation of a current Maryland license to practice medicine and a valid identification picture (ID) issued by a state, federal, or regulatory agency;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Presentation of a license to practice medicine from another state if a state of emergency has been declared by the Governor and the assistance of the physician has been requested by Maryland pursuant to the Emergency Management Assistance Compact, Public Safety Article, §14-702, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Presentation of a current photo identification card from another Maryland hospital where the physician is a member of the medical staff; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Verification by a current member of the hospital's medical staff who has personal knowledge regarding the practitioner's identity and current Maryland medical licensure.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Disaster privileges shall be discontinued when the hospital's chief executive officer, medical staff president, or designee determines that the emergency condition no longer exists and that the hospital has adequate resources to meet the patient's needs.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The hospital shall maintain records that include:</text>
      <paragraph num="(a)">
        <text>The number of hours worked by each physician;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The type of service provided by each physician;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The location where these services were provided; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Any additional information required by the Department for federal and State reimbursement.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Telemedicine. Notwithstanding any other provision of COMAR 10.07.01.24, in its credentialing and privileging process for a physician who provides medical services to the patients at the hospital only through telemedicine from a distant-site hospital or distant-site telemedicine entity, a hospital may rely on the credentialing and privileging decisions made for the physician by the distant-site hospital or distant-site telemedicine entity as authorized under 42 C.F.R. Part 482, if:</text>
    <paragraph num="(1)">
      <text>The physician who provides medical services through telemedicine holds a license to practice medicine in the State under Health Occupations Article, Title 14, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The credentialing and privileging decisions with respect to the physician who provides medical services through telemedicine are:</text>
      <paragraph num="(a)">
        <text>Approved by the medical staff of the hospital; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recommended by the medical staff of the hospital to the hospital’s governing body.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Request for Documentation by Department. On request from the Department, a hospital shall provide documentation that before:</text>
    <paragraph num="(1)">
      <text>Appointment or employment of a physician or granting delineated privileges, the hospital has complied with the requirements of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Reappointment or renewing of employment or specific privileges, the hospital has complied with the requirements of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Penalties. If a hospital fails to have in effect a credentialing process in accordance with these regulations, the Secretary may impose upon the hospital the following penalties:</text>
    <paragraph num="(1)">
      <text>Delicensure of the hospital; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A fine of $500 for each day that the hospital is in violation of these regulations.</text>
    </paragraph>
  </paragraph>
</regulation>