<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 10.12.05.03" title_num="10" subtitle_num="12" chapter_num="05" heading="Requirements for Physicians.">
  <paragraph num="A.">
    <text>The standardized written summary provided by the Department shall be provided to the woman by the physician as soon as possible but not later than 5 days before a physician performs a breast implantation operation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The physician may provide the standardized written summary less than 5 days before performing breast reconstruction with breast implants only when the following conditions have been met:</text>
    <paragraph num="(1)">
      <text>The woman's breast cancer surgery is scheduled to take place within 5 days of the time she initially consults with a breast cancer surgeon;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The woman decides to have breast implant reconstruction at the same time as the breast cancer surgery;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>At the time of the woman's initial visit with the physician who will perform the breast implant reconstruction, that physician:</text>
      <paragraph num="(a)">
        <text>Gives the woman the Department's standardized written summary;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has the patient sign the statement provided by the Department acknowledging receipt of the summary; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Informs the woman of the relative advantages and disadvantages of having breast implant reconstruction at the same time as cancer treatment;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The woman decides to waive the 5-day minimum waiting period and signs the waiver provided by the Department; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A copy of this signed waiver, along with a copy of the signed acknowledgment of receipt form, is placed in the patient's medical record which is used by the physician.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A physician may not perform breast implantation until a patient has been given the standardized written summary described in Regulation .02A of this chapter.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A physician who provides a patient with the written summary required under these regulations shall have:</text>
    <paragraph num="(1)">
      <text>The patient sign a statement provided by the Department acknowledging receipt of the summary; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A copy of the signed acknowledgment pursuant to §D(1), of this regulation, placed in the patient's medical record which is used by the physician.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>This regulation is supplemental and additional to any other requirements established by other laws upon a physician and may not be regarded as in derogation or substitution of any requirements now existing upon a physician, such as the need to obtain informed consent for treatment.</text>
  </paragraph>
</regulation>