10.07.03.02

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Abuse.

(a) "Abuse" means:

(i) The nontherapeutic infliction upon a resident of physical pain or injury; or

(ii) A persistent course of conduct intended to produce, or resulting in, mental or emotional distress to a resident, for example, verbal intimidation of a resident.

(b) "Abuse" does not mean the performance of an accepted medical procedure ordered by a physician or administered by another health care professional practicing within the scope of the physician's or health care professional's license.

(2) “Agency” means a health care staff agency.

(3) Allied Health Care Field.

(a) “Allied health care field” means a healthcare profession subject to licensure under Health Occupations Article, Annotated Code of Maryland.

(b) “Allied health care field” does not include the healthcare profession of physician assistant.

(4) “Board” means a health occupation licensing board authorized to license, certify, and discipline a health care practitioner in accordance with the Health Occupations Article.

(5) “Client facility” means a health care facility that contracts with a health care staff agency for the referral of health care practitioners.

(6) “Deficiency” means any failure of the health care staff agency to meet the requirements of Health-General Article, Title 19, Subtitle 20, Annotated Code of Maryland, or any rule or regulation that the Secretary adopts under that subtitle.

(7) "Department" means the Maryland Department of Health.

(8) "Health care facility" means a hospital or related institution as defined in Health-General Article, §19-301, Annotated Code of Maryland.

(9) Health Care Practitioner.

(a) Except as provided in §B(9)(b) of this regulation, “health care practitioner” means any individual licensed or certified under Health Occupations Article, Annotated Code of Maryland, who practices in an allied health care field.

(b) “Health care practitioner” does not include:

(i) An acupuncturist;

(ii) A dentist;

(iii) A nurse anesthetist;

(iv) A nurse midwife;

(v) A nurse practitioner;

(vi) A pharmacist;

(vii) A physician; or

(viii) A podiatrist.

(10) “Initially providing or referring” means the first time a health care staff agency provides or refers a particular health care practitioner to a health care facility.

(11) "Licensee" means the person, association, partnership, corporation, limited-liability company, or other entity to which a license is issued.

(12) "Neglect" means failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.

(13) Health Care Staff Agency.

(a) “Health care staff agency” means any person, firm, corporation, partnership, or other business entity engaged in the business of referring health care practitioners as employees or independent contractors to render temporary health care services at a health care facility in the State.

(b) “Health care staff agency” does not include:

(i) A health care staff agency operated by a health care facility or its affiliates solely for the purpose of procuring, furnishing, or referring temporary or permanent health care practitioners for employment at that health care facility or its affiliates;

(ii) A home health agency regulated under Health-General Article, Title 19, Subtitle 4, Annotated Code of Maryland; or

(iii) Any health care practitioner procuring, furnishing, or referring their own services to a health care facility without the direct or indirect assistance of a health care staff agency.

(14) "Office" means the Office of Health Care Quality in the Department.

(15) “Responsible party” means the individual at a health care staff agency who controls the day-to-day operation of the health care staff agency.

(16) "Secretary" means the Secretary of Health.