<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 10.07.03.09" title_num="10" subtitle_num="07" chapter_num="03" heading="Referral and Reporting Health Care Practitioners.">
  <paragraph num="A.">
    <text>An agency may not knowingly provide or refer a heath care practitioner to render temporary services who is not authorized under Health Occupations Article, Annotated Code of Maryland, to practice their profession in Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An agency and client facility shall ensure that the scope of practice of the referred health care practitioner is consistent with Health Occupations Article, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If an agency is aware of an action or inaction by a health care practitioner who is provided or referred by the agency that may be grounds for action under Health Occupations Article, Annotated Code of Maryland, the agency shall report the action or condition to the appropriate Board and the Office immediately when the action or condition is known by the agency.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An individual shall have immunity from liability described in the Courts and Judicial Proceedings Article, §5-709, Annotated Code of Maryland, for making a report as required under §C of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Personnel Qualifications and Duties.</text>
    <paragraph num="(1)">
      <text>The agency shall maintain the following from client facilities:</text>
      <paragraph num="(a)">
        <text>Job descriptions for referred individuals; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A documented procedure for the agency and client facility to determine that an individual's qualifications are consistent with the assignments to which the individual is being referred.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The agency shall maintain documentation indicating that individuals providing services in any health care facility within the State have been educated by the agency or the facility about:</text>
      <paragraph num="(a)">
        <text>The facility's policies and procedures related to the individuals' scope of practice and responsibilities in the referred assignment; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The individuals' obligations under Maryland law to report abuse and neglect.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An agency shall attest on a form developed by the Department that the agency is in compliance with the federal:</text>
      <paragraph num="(a)">
        <text>Civil Rights Act of 1964;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Rehabilitation Act of 1973;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Americans with Disabilities Act of 1990; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Drug Free Workplace Act of 1988, if applicable.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>