10.07.03.09

.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.