10.32.22.02

.02 Definitions.

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

B. Terms Defined.

(1) “Abandon” means a health care provider’s withdrawal from the care and treatment of a patient during the course of treatment without giving reasonable notice to the patient or providing a competent replacement.

(2) “Academic probation” means a program of heightened monitoring of an individual in a postgraduate training program imposed because of academic or performance deficiencies.

(3) “Acts” means Health Occupations Article, Title 14, including subtitles 5A, 5B, 5C, 5E, and 5F, and Title 15, Annotated Code of Maryland.

(4) “Administrative suspension” means an action imposed by a reporting entity restricting a health care provider’s privileges or hours or scope of employment for failure of the health care provider to comply with the bylaws, rules, policies, or procedures of the reporting entity.

(5) “Allied health provider” means an individual who is licensed by the Board under Health Occupations Article, Title 14, Subtitles 5A, 5B, 5C, or 5E, or Title 15, Annotated Code of Maryland.

(6) “Alternative health system” has the same meaning as alternative health care system as defined in Health Occupations Article, §1-401(a), Annotated Code of Maryland.

(7) “Board” means the State Board of Physicians.

(8) “Change” means any of the following actions by a reporting entity:

(a) Terminating or failing to renew a health care provider’s staff privileges or employment or contract with the reporting entity, or terminating or refusing or failing to renew or to extend the term of the academic contract of an individual in a postgraduate training program;

(b) Taking disciplinary action against a health care provider who continues to be employed, enjoy privileges, or contract with the reporting entity, including but not limited to:

(i) Suspension;

(ii) Placement on probation; or

(iii) Restriction or limitation of privileges or duties;

(c) Accepting an involuntary resignation as defined in this regulation;

(d) Accepting or acquiescing to an involuntary leave of absence as defined in this regulation;

(e) Accepting or acquiescing to an involuntary alteration in practice as defined in this regulation;

(f) Requesting that a health care staffing entity cease furnishing the services of a particular health care provider;

(g) In the case of a physician, denying:

(i) By a hospital or related institution, an application for staff privileges; or

(ii) By an alternative health care system, an application for employment; or

(h) Terminating the delegation agreement of a physician assistant.

(9) “Failure to report” means the failure of a reporting entity to file a report with the Board as mandated by this chapter.

(10) “Focused professional practice evaluation (FPPE)” means any process used by a reporting entity to assess the competence or proficiency of a health care provider in a certain clinical skill, activity, or procedure.

(11) “Focused review” has the same meaning as “focused professional practice evaluation” as defined in this regulation.

(12) “Good standing” means the health care provider is not suspended, on probation, or subject to any pending disciplinary proceedings, an involuntary alteration in practice, or an involuntary leave of absence, as these terms are defined in this regulation.

(13) “Health care facility” has the meaning stated in Health-General Article, §19-114, Annotated Code of Maryland.

(14) “Health care provider” means a physician, an allied health provider, or an individual in a postgraduate training program.

(15) “Health care staffing entity” means a business entity that contracts to provide, directly or indirectly, the personal health care services of one or more health care providers to a reporting entity.

(16) Hospital.

(a) “Hospital” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.

(b) “Hospital” includes, with respect to an institution that meets the requirements of Health-General Article, §19-301, Annotated Code of Maryland, any entity which:

(i) Operates or administers a postgraduate training program; or

(ii) Has the authority to hire or discipline or to grant, deny, limit, or modify the contract or privileges of an individual in a postgraduate training program.

(17) “Individual in a postgraduate training program” means an intern, an assistant resident, a resident, or a clinical fellow in a postgraduate training program as defined in this regulation.

(18) “Involuntary alteration in practice” means a modification in the privileges, employment, or contractual duties of a health care provider, whether self-initiated by the health care provider, mutually agreed upon, or requested or suggested by the reporting entity:

(a) After the health care provider has been notified of pending discharge or termination of privileges or a contract, or pending proceedings possibly leading to discharge or termination of privileges or a contract;

(b) While the health care provider is under investigation or subject to an inquiry, a practice review, a focused review, or an FPPE;

(c) After the health care provider has been notified that an investigation or inquiry may begin; or

(d) After the health care provider has been asked to respond to a complaint made to the reporting entity.

(19) “Involuntary leave of absence” means a hiatus, however designated, during which a health care provider does not exercise staff privileges or fulfill the duties of employment or a contract, whether the hiatus was self-initiated, mutually agreed upon, or requested or imposed by the reporting entity, where the health care provider commenced the hiatus:

(a) After being notified of pending discharge or termination of privileges or a contract, or pending proceedings possibly leading to discharge or termination of privileges or a contract;

(b) While under investigation or subject to an inquiry, a practice review, a focused review, or an FPPE;

(c) After being notified that an investigation or inquiry may begin; or

(d) After being asked to respond to a complaint made to the reporting entity.

(20) “Involuntary resignation” means a health care provider’s relinquishment of privileges, employment, or a contract with a reporting entity, whether the relinquishment was self-initiated, mutually agreed upon, or had been requested by the reporting entity, and however designated by the health care provider or the reporting entity, if the health care provider resigned:

(a) After being notified that discharge or termination of privileges, employment, or a contract, or that proceedings possibly leading to discharge or termination of privileges, employment, or a contract, would occur if the health care provider would not resign;

(b) While under investigation or subject to an inquiry, a practice review, a focused review, or an FPPE;

(c) After being notified that an investigation or inquiry may begin; or

(d) After being asked to respond to a complaint made to the reporting entity.

(21) “Licensed physician” means an individual, including doctor of osteopathy, who is licensed by the Board to practice medicine.

(22) “Mandated report” means any report required under the Acts or this chapter.

(23) “Naturopathic doctor” means an individual who is licensed by the Board under Health Occupations Article, Title14, Subtitle 5F, Annotated Code of Maryland.

(24) “Privileges” means authorization granted by a reporting entity to a health care provider to provide specific care, treatment, diagnostic services, or other services to patients.

(25) “Postgraduate training program” means a program of academic training that meets the requirements of COMAR 10.32.01 and 10.32.07.

(26) “Related institution” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.

(27) “Reporting entity” means:

(a) A hospital, a related institution, or an alternative health system, as these terms are defined in this regulation; and

(b) An employer of an allied health provider that is not a hospital, a related institution, or an alternative health system.

(28) “Voluntary alteration in practice” means a modification in the privileges, employment, or contractual duties made with respect to a health care provider in good standing that is not an involuntary alteration in practice as defined in this regulation.

(29) “Voluntary leave of absence” means a hiatus from providing health care services taken by a health care provider in good standing that is not an involuntary leave of absence as defined in this regulation.

(30) “Voluntary resignation” means the relinquishment of privileges, employment, or a contract with a reporting entity taken by a health care provider in good standing that is not an involuntary resignation as defined in this regulation.