Maryland Health Occupations Section 14-5B-15

      (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 radiation oncology/therapy technologist, certified medical radiation technologist, or certified nuclear medicine technologist for any reasons that might be grounds for disciplinary action under § 14-5B-13 of this subtitle.

      (b)      A hospital, related institution, alternative health system, or employer that has reason to know that a certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist has committed an action or has a condition that might be grounds for reprimand or probation of the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist or suspension or revocation of the certification because the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist is alcohol impaired or drug impaired is not required to report the technologist to the Board if:

            (1)      The hospital, related institution, alternative health system, or employer knows that the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist is:

                  (i)      In an alcohol or drug treatment program that is accredited by the Joint Commission on the Accreditation of Health Care Organizations 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;

            (2)      (i)      The hospital, related institution, alternative health system, or employer is able to verify that the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist remains in the treatment program until discharge; and

                  (ii)      The action or condition of the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist has not caused injury to any person while the technologist is practicing as a certified radiation oncology/therapy technologist, medical technologist, or nuclear medical technologist.

      (c)      (1)      If the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Health Care Organizations or that is certified by the Department, the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist shall notify the hospital, related institution, alternative health system, or employer of the certified radiation oncology/therapy technologist's, medical radiation technologist's, or nuclear medical technologist's decision to enter the treatment program.

            (2)      If the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist 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 certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist has entered a treatment program and has failed to provide the required notice.

            (3)      If the certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist 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 certified radiation oncology/therapy technologist's, medical radiation technologist's, or nuclear medical technologist'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 certified radiation oncology/therapy technologist, medical radiation technologist, or nuclear medical technologist shall report the certified radiation oncology/therapy technologist's, medical radiation technologist's, or nuclear medical technologist'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 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 under this title.