(a) Except as provided in subsections (b) and (d) of this section, hospitals, related institutions, alternative health systems as defined in § 1–401 of this article, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed perfusionist for any reason that might be grounds for disciplinary action under § 14–5E–16 of this subtitle.
(b) A hospital, related institution, alternative health system, or employer that has reason to know that a licensed perfusionist has committed an act or has a condition that might be grounds for reprimand or probation of the licensed perfusionist or suspension or revocation of the license because the licensed perfusionist is alcohol–impaired or drug–impaired is not required to report the licensed perfusionist to the Board if:
(1) The hospital, related institution, alternative health system, or employer knows that the licensed perfusionist is:
(i) In an alcohol or drug treatment program that is accredited by the Joint Commission or its successor, or is certified by the Department; or
(ii) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse; and
(2) (i) The hospital, related institution, alternative health system, or employer is able to verify that the licensed perfusionist remains in the treatment program until discharge; and
(ii) The action or condition of the licensed perfusionist has not caused injury to any person while the perfusionist is practicing as a licensed perfusionist.
(c) (1) If the licensed perfusionist enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department, the licensed perfusionist shall notify the hospital, related institution, alternative health system, or employer of the licensed perfusionist’s decision to enter the treatment program.
(2) If the licensed perfusionist fails to provide the notice required under paragraph (1) of this subsection, and the hospital, related institution, alternative health system, or employer learns that the licensed perfusionist has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed perfusionist has entered a treatment program and has failed to provide the required notice.
(3) If the licensed perfusionist is found to be noncompliant with the treatment program’s policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, or employer of the licensed perfusionist’s noncompliance.
(4) On receipt of the notification required under paragraph (3) of this subsection, the hospital, related institution, alternative health system, or employer of the licensed perfusionist shall report the licensed perfusionist’s noncompliance to the Board.
(d) 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 alcohol– and drug abuse–related patient records.
(e) The hospital, related institution, alternative health system, or employer shall submit the report within 10 days of any action described in this section.
(f) A report made under this section is 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.
(g) (1) A disciplinary panel may impose a civil penalty of up to $1,000 for failure to report under this section.
(2) The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Structure Maryland Statutes
Section 14-5E-01 - Definitions
Section 14-5E-02 - No Limitation on Right to Practice Health Occupation
Section 14-5E-03 - Regulations
Section 14-5E-05 - Perfusion Advisory Committee
Section 14-5E-06 - Perfusion Advisory Committee -- Composition; Consumer Member; Term; Chair
Section 14-5E-07 - Powers and Duties of Committee and Board
Section 14-5E-08 - License Required
Section 14-5E-09 - Qualification for License
Section 14-5E-10 - Term of License Before Taking Exam; Extension; Regulations
Section 14-5E-11 - Application for License
Section 14-5E-12 - Authority Granted by License
Section 14-5E-13 - Expiration and Renewal of License
Section 14-5E-14 - Notification of Change in Name or Address; Keeping and Availability of License
Section 14-5E-15 - Surrender of License
Section 14-5E-16 - License -- Denial, Suspension, Revocation; Reprimand or Probation of Licensee
Section 14-5E-17 - Judicial Appeals
Section 14-5E-18.1 - Individual Licensee Profiles -- Internet Posting
Section 14-5E-19 - Reinstatement
Section 14-5E-20 - Unlicensed Practice Prohibited
Section 14-5E-21 - Unauthorized Practice -- Representation to Public
Section 14-5E-22 - Attempt or Offer to Provide Unauthorized Services Prohibited