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10.32.12.00.htm 10.32.12.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 32 BOARD OF PHYSICIANS Chapter 12 Delegation of Acts by a Licensed Physician to an Assistant Not Otherwise Authorized under the Health Occupations Article or the Education Article Authority: Health General Article, §19-114 and 19-118; Health Occupations Article, §14-306; Annotated Code of Maryland
10.32.12.01.htm 10.32.12.01. 01 Scope.. A. This chapter governs the delegation of acts by a physician to an assistant not otherwise authorized under the Health Occupations Article or the Education Article, Annotated Code of Maryland.B. This chapter may not be construed:. 1) As establishing the licensure, certification, or registration of assistants;. 2) To apply to certified, registered, or licensed professionals, or health occupation students acting pursuant to Health Occupations Article, Annotate
10.32.12.02.htm 10.32.12.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Assistant" means an individual to whom only routine technical acts are delegated by a physician and who is:a) Trained as defined in §B(9) of this regulation and not certified, registered, or licensed by the Board or any other State health occupation board; orb) Certified, registered, or licensed by the Board or any other State health occupation board and is
10.32.12.03.htm 10.32.12.03. 03 Standards for the Delegating Physician.. A. A physician who delegates shall:. 1) Evaluate the risk to the patient and the outcome of the delegated acts;. 2) Delegate only those technical acts that are customary to the practice of the supervising physician;3) Delegate only those technical acts for which the assistant has been trained;. 4) Be responsible for the acts of the assistant; and. 5) Supervise the assistant.. B. The responsibility for the delegated act cannot
10.32.12.04.htm 10.32.12.04. 04 Scope of Delegation.. A. A physician may not delegate to an assistant technical acts which are exclusively limited to any individual required to be licensed, certified, registered, or otherwise recognized pursuant to any provision of the Health Occupations Article and the Education Article, Annotated Code of Maryland.B. A physician may delegate technical acts consistent with national standards in the medical community and the approved policies and procedures of the
10.32.12.05.htm 10.32.12.05. 05 Prohibited Conduct.. A. An assistant acting beyond the scope of this chapter may be:. 1) Considered to be engaged in the unlicensed practice of medicine; and. 2) Subject to all applicable penalties and fines in accordance with Health Occupations Article, §14-602 and 14-607, Annotated Code of Maryland, and COMAR 10.32.02.B. A delegating physician, through either act or omission, facilitation, or otherwise enabling or forcing an assistant to practice beyond the scope of
10.32.12.9999.htm 10.32.12.9999. Administrative History Effective date: June 12, 2000 (27:11 Md. R. 1078). Regulation .02B amended effective September 2, 2002 (29:17 Md. R. 1380) March 14, 2016 (43:5 Md. R. 386)Regulation .04 amended effective September 2, 2002 (29:17 Md. R. 1380). Regulation .04D amended effective March 14, 2016 (43:5 Md. R. 386).
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