2013 Maryland Code
HEALTH OCCUPATIONS
§ 14-101 - Definitions

§14-101.

(a) In this title the following words have the meanings indicated.

(b) “Board” means the State Board of Physicians.

(c) “Civil action” includes a health care malpractice claim under Title 3, Subtitle 2A of the Courts Article.

(d) (1) “Cosmetic surgical procedure” means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual.

(2) “Cosmetic surgical procedure” does not include:

(i) A procedure done under local anesthesia or mild sedation; or

(ii) Liposuction that removes less than 1,000 cubic centimeters of aspirate.

(e) “Faculty” means the Medical and Chirurgical Faculty of the State of Maryland.

(f) “Hospital” has the meaning stated in § 19-301 of the Health - General Article.

(g) “License” means, unless the context requires otherwise, a license issued by the Board to practice medicine.

(h) “Licensed physician” means, unless the context requires otherwise, a physician, including a doctor of osteopathy, who is licensed by the Board to practice medicine.

(i) “Licensee” means an individual to whom a license is issued, including an individual practicing medicine within or as a professional corporation or professional association.

(j) “Mild sedation” means a drug-induced state during which:

(1) A patient is able to respond to verbal commands;

(2) A patient’s ventilatory and cardiovascular functions are not affected; and

(3) A patient’s cognitive function and coordination may be impaired.

(k) “Perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body.

(l) “Physician” means an individual who practices medicine.

(m) “Physician Rehabilitation Program” means the program of the Board or the nonprofit entity with which the Board contracts under § 14-401(g) of this title that evaluates and provides assistance to impaired physicians and other health professionals regulated by the Board who are directed by the Board to receive treatment and rehabilitation for alcoholism, chemical dependency, or other physical, emotional, or mental conditions.

(n) (1) “Practice medicine” means to engage, with or without compensation, in medical:

(i) Diagnosis;

(ii) Healing;

(iii) Treatment; or

(iv) Surgery.

(2) “Practice medicine” includes doing, undertaking, professing to do, and attempting any of the following:

(i) Diagnosing, healing, treating, preventing, prescribing for, or removing any physical, mental, or emotional ailment or supposed ailment of an individual:

1. By physical, mental, emotional, or other process that is exercised or invoked by the practitioner, the patient, or both; or

2. By appliance, test, drug, operation, or treatment;

(ii) Ending of a human pregnancy; and

(iii) Performing acupuncture as provided under § 14-504 of this title.

(3) “Practice medicine” does not include:

(i) Selling any nonprescription drug or medicine;

(ii) Practicing as an optician; or

(iii) Performing a massage or other manipulation by hand, but by no other means.

(o) “Related institution” has the meaning stated in § 19-301 of the Health - General Article.

§ 14-101 - 1. Approval of certifying board.

The Board may approve a public or private board including a multidisciplinary board as a certifying board only if the certifying board requires that, in order to be certified, a physician:

(1) Complete a postgraduate training program that:

(i) Provides complete training in the specialty or subspecialty being certified; and

(ii) Is accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and

(2) Be certified by the American Board of Medical Specialties or the American Osteopathic Association in the same training field.