Md. Code Regs. 10.07.03.09 - Referral and Reporting Health Care Practitioners
A. An agency may not knowingly provide or
refer a heath care practitioner to render temporary services who is not
authorized under Health Occupations Article, Annotated Code of Maryland, to
practice their profession in Maryland.
B. An agency and client facility shall ensure
that the scope of practice of the referred health care practitioner is
consistent with Health Occupations Article, Annotated Code of
Maryland.
C. If an agency is aware
of an action or inaction by a health care practitioner who is provided or
referred by the agency that may be grounds for action under Health Occupations
Article, Annotated Code of Maryland, the agency shall report the action or
condition to the appropriate Board and the Office immediately when the action
or condition is known by the agency .
D. An individual shall have immunity from
liability described in the Courts and Judicial Proceedings Article, §
5-709,
Annotated Code of Maryland, for making a report as required under §C of
this regulation.
E. Personnel
Qualifications and Duties.
(1) The agency
shall maintain the following from client facilities:
(a) Job descriptions for referred
individuals; and
(b) A documented
procedure for the agency and client facility to determine that an individual's
qualifications are consistent with the assignments to which the individual is
being referred.
(2) The
agency shall maintain documentation indicating that individuals providing
services in any health care facility within the State have been educated by the
agency or the facility about:
(a) The
facility 's policies and procedures related to the individuals' scope of
practice and responsibilities in the referred assignment; and
(b) The individuals' obligations under
Maryland law to report abuse and neglect .
(3) An agency shall attest on a form
developed by the Department that the agency is in compliance with the federal:
(a) Civil Rights Act of 1964;
(b) Rehabilitation Act of 1973;
(c) Americans with Disabilities Act of 1990;
and
(d) Drug Free Workplace Act of
1988, if applicable.
Notes
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