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10.12.03.00.htm 10.12.03.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 12 ADULT HEALTH Chapter 03 Cosmetic Surgical Facilities Authority: Health General Article, Title 19, Subtitle 3C, Annotated Code of Maryland
10.12.03.01.htm 10.12.03.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Cosmetic Surgical Facility.. a) “Cosmetic surgical facility” means an office or a facility in which a cosmetic surgical procedure is performed.b) “Cosmetic surgical facility” does not include:. i) An ambulatory surgical facility;. ii) A hospital; or. iii) An office owned or operated by one or more dentists providing services within the scope of practice of dentistry.
10.12.03.02.htm 10.12.03.02. 02 License Required.. A. A person may not establish or operate a cosmetic surgical facility without obtaining a license from the Secretary.B. License Period and Fee.. 1) A license is valid for 3 years from the date of issuance, unless suspended or revoked by the Secretary.2) The applicant shall submit a nonrefundable fee of $3,000 for a 3-year period, with an application for initial licensure, or submit a nonrefundable fee of $3,000 with an application for license rene
10.12.03.03.htm 10.12.03.03. 03 Licensing Procedures.. A. A person desiring to operate a facility shall:. 1) Be in compliance with all applicable federal, State, and local laws and regulations and be accredited as a cosmetic surgical facility by:a) The American Association for Accreditation of Ambulatory Surgical Facilities;. b) The Accreditation Association for Ambulatory Health Care;. c) The Joint Commission; or. d) An accreditation organization approved by the Secretary; or. 2) Be certified to partic
10.12.03.04.htm 10.12.03.04. 04 Service Standards.. A. The licensee is responsible for compliance with all laws and regulations applicable to the operation of a cosmetic surgical facility including a physician’s compliance with Health Occupations Article, §14-404 (a)41) Annotated Code of Maryland.B. Accreditation Standards.. 1) The licensee shall meet the standards for the operation of a cosmetic surgical center issued by the licensee’s accreditation organization.
10.12.03.05.htm 10.12.03.05. 05 Investigation by the Secretary.. A. The Secretary may investigate complaints concerning the conformance of a cosmetic surgical facility to the requirements of this chapter and for compliance with the standards for the operation of a cosmetic surgical center issued by its accreditation organization.B. A facility shall be open during normal business hours, or any other times that the facility is serving patients, for inspection by the Department and by any other agency de
10.12.03.06.htm 10.12.03.06. 06 Medical Records.. A. The facility shall maintain a complete, comprehensive, and accurate medical record for a patient.. B. A patient's medical record shall include at least the following:. 1) Patient identifier;. 2) Significant medical history and results of a physical examination;. 3) Documentation of care or services provided;. 4) Evidence of consent; and. 5) Discharge diagnosis.. C. The facility shall:. 1) Send a copy of the medical record with the pati
10.12.03.07.htm 10.12.03.07. 07 Patients’ Rights.. A. The administrator shall ensure that the facility develops and implements written policies and procedures concerning patients' rights and responsibilities.B. The facility shall make the policies and procedures available to patients, guardians, and other health care decision makers, as defined by Health-General Article, Title 5, Subtitle 6, Annotated Code of Maryland, and the public.C. The policies and procedures shall require that:. 1) The facility informs p
10.12.03.08.htm 10.12.03.08. 08 Physical Environment.. A. The facility shall meet all federal, State, and local laws, ordinances, and regulations for construction.B. The facility shall meet all safety requirements of the National Fire Protection Association, NFPA 101 "Life Safety Code" which is incorporated by reference at COMAR 29.06.01.06.C. The facility shall meet the requirements for the handling, treatment, and disposal of special medical wastes as provided in COMAR 10.06.06.
10.12.03.09.htm 10.12.03.09. 09 Emergency Suspension.. A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.B. The Department shall deliver a written notice to the licensee:. 1) Informing the licensee of the emergency suspension;. 2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and3) Notifying the licensee
10.12.03.10.htm 10.12.03.10. 10 Revocation of License.. A. The Secretary, for good cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.B. The Secretary may revoke a license if the licensee:. 1) Has been convicted of a:. a) Felony that relates to Medicaid or Medicare; or. b) Crime involving moral turpitude;. 2) Does not comply with the requirements of this chapter;. 3) Fails to comply with t
10.12.03.11.htm 10.12.03.11. 11 Penalties.. A. Administrative Penalty. The Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this chapter.B. When considering whether to impose an administrative penalty and the amount of the penalty, the Secretary shall consider the following factors:1) The number, nature, and seriousness of the violations;. 2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;
10.12.03.12.htm 10.12.03.12. 12 Hearings.. A. A request for a hearing shall be filed with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 days after receipt of notice of the Secretary's action. The request shall include a copy of the Secretary's action.B. A hearing requested under this chapter shall be conducted in accordance with:. 1) State Government Article, §10-201 et seq. Annotated Code of Maryland;. 2) COMAR 28.02.01; and.
10.12.03.9999.htm 10.12.03.9999. Administrative History Effective date: July 1, 2015 (41:24 Md. R. 1427).
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