Maryland Health Occupations Section 14-401

      (a)      The Board shall perform any necessary preliminary investigation before the Board refers to an investigatory body an allegation of grounds for disciplinary or other action brought to its attention.

      (b)      If an allegation of grounds for disciplinary or other action is made by a patient or a family member of a patient based on § 14-404(a)(22) of this subtitle and a full investigation results from that allegation, the full investigation shall include an offer of an interview with the patient or a family member of the patient who was present on or about the time that the incident that gave rise to the allegation occurred.

      (c)      (1)      Except as otherwise provided in this subsection, after performing any necessary preliminary investigation of an allegation of grounds for disciplinary or other action, the Board may:

                  (i)      Refer the allegation for further investigation to the entity that has contracted with the Board under subsection (e) of this section;

                  (ii)      Take any appropriate and immediate action as necessary; or

                  (iii)      Come to an agreement for corrective action with a licensee pursuant to paragraph (4) of this subsection.

            (2)      After performing any necessary preliminary investigation of an allegation of grounds for disciplinary or other action, the Board shall refer any allegation based on § 14-404(a)(22) of this subtitle to the entity or entities that have contracted with the Board under subsection (e) of this section for further investigation and physician peer review within the involved medical specialty or specialties.

            (3)      If, after performing any necessary preliminary investigation, the Board determines that an allegation involving fees for professional or ancillary services does not constitute grounds for disciplinary or other action, the Board shall offer the complainant and the licensee an opportunity to mediate the dispute.

            (4)      (i)      Except as provided in subparagraph (ii) of this paragraph, if an allegation is based on § 14-404(a)(40) of this subtitle, the Board:

                        1.      May determine that an agreement for corrective action is warranted; and

                        2.      Shall notify the licensee of the identified deficiencies and enter into an agreement for corrective action with the licensee as provided in this paragraph.

                  (ii)      The Board may not enter into an agreement for corrective action with a licensee if patient safety is an issue.

                  (iii)      The Board shall subsequently evaluate the licensee and shall:

                        1.      Terminate the corrective action if the Board is satisfied that the licensee is in compliance with the agreement for corrective action and has corrected the deficiencies; or

                        2.      Pursue disciplinary action under § 14-404 of this subtitle if the deficiencies persist or the licensee has failed to comply with the agreement for corrective action.

                  (iv)      An agreement for corrective action under this paragraph may not be made public or considered a disciplinary action under this title.

                  (v)      The Board shall provide a summary of the corrective action agreements in the executive director's report of Board activities.

      (d)      The entity or entities with which the Board contracts under subsection (e) of this section, all committees of the entity or entities, except for the Physician Rehabilitation Committee, and all county medical societies shall refer to the Board all complaints that set forth allegations of grounds for disciplinary action under § 14-404 of this subtitle.

      (e)      (1)      Except as provided in subsection (f) of this section, the Board shall enter into a written contract with a nonprofit entity or entities for further investigation, physician rehabilitation, and physician peer review of allegations based on § 14-404(a)(22) of this subtitle.

            (2)      The nonprofit entity or entities shall employ reviewers that:

                  (i)      Are Board certified;

                  (ii)      Have special qualifications to judge the matter at hand;

                  (iii)      Have received a specified amount of medical experience and training;

                  (iv)      Have no formal actions against their own licenses;

                  (v)      Receive training in peer review; and

                  (vi)      Have a standard format for peer review reports.

            (3)      The nonprofit entity or entities shall make a reasonable effort to employ physicians that are licensed in the State.

      (f)      (1)      (i)      The nonprofit entity or entities with which the Board contracts under subsection (e) of this section shall have 90 days for completion of peer review.

                  (ii)      The nonprofit entity or entities may apply to the Board for an extension of up to 30 days to the time limit imposed under subparagraph (i) of this paragraph.

                  (iii)      If an extension is not granted, and 90 days have elapsed, the Board may contract with any other entity for the services of peer review.

                  (iv)      If an extension has been granted, and 120 days have elapsed, the Board may contract with any other entity for the services of peer review.

            (2)      If a physician has been noncompliant with a Physician Rehabilitation Committee for 60 days, the Physician Rehabilitation Committee shall report this noncompliance to the Board.

      (g)      (1)      To facilitate the investigation and prosecution of disciplinary matters and the mediation of fee disputes coming before it, the Board may:

                  (i)      Contract with the Faculty, its committees, and the component medical societies for the purchase of investigatory, mediation, and related services; and

                  (ii)      Contract with others for the purchase of investigatory, mediation, and related services and make these services available to the Faculty, its committees, and the component medical societies.

            (2)      Services that may be contracted for under this subsection include the services of:

                  (i)      Investigators;

                  (ii)      Attorneys;

                  (iii)      Accountants;

                  (iv)      Expert witnesses;

                  (v)      Consultants; and

                  (vi)      Mediators.

      (h)      The Board may issue subpoenas and administer oaths in connection with any investigation under this section and any hearing or proceeding before it.

      (i)      Those individuals not licensed under this title but covered under § 14-413(a)(1)(ii)3 and 4 of this subtitle are subject to the hearing provisions of § 14-405 of this subtitle.

      (j)      (1)      It is the intent of this section that the disposition of every complaint against a licensee that sets forth allegations of grounds for disciplinary action filed with the Board shall be completed as expeditiously as possible and, in any event, within 18 months after the complaint was received by the Board.

            (2)      If the Board is unable to complete the disposition of a complaint within 1 year, the Board shall include in the record of that complaint a detailed explanation of the reason for the delay.