Section 14-401 - Investigations.
§ 14-401. Investigations.
(a) Preliminary Board investigation.- The Board shall perform any necessary preliminary investigation before the Board refers to an investigatory body an allegation of grounds for disciplinary or other action brought to its attention.
(b) Offer of interview with person present.- If an allegation of grounds for disciplinary or other action is made by a patient or a family member of a patient based on § 14-404(a)(22) of this subtitle and a full investigation results from that allegation, the full investigation shall include an offer of an interview with the patient or a family member of the patient who was present on or about the time that the incident that gave rise to the allegation occurred.
(c) Referral or other action to be taken by Board.-
(1) Except as otherwise provided in this subsection, after performing any necessary preliminary investigation of an allegation of grounds for disciplinary or other action, the Board may:
(i) Refer the allegation for further investigation to the entity that has contracted with the Board under subsection (e) of this section;
(ii) Take any appropriate and immediate action as necessary; or
(iii) Come to an agreement for corrective action with a licensee pursuant to paragraph (4) of this subsection.
(2) After performing any necessary preliminary investigation of an allegation of grounds for disciplinary or other action, the Board shall refer any allegation based on § 14-404(a)(22) of this subtitle to the entity or entities that have contracted with the Board under subsection (e) of this section for further investigation and physician peer review within the involved medical specialty or specialties.
(3) If, after performing any necessary preliminary investigation, the Board determines that an allegation involving fees for professional or ancillary services does not constitute grounds for disciplinary or other action, the Board shall offer the complainant and the licensee an opportunity to mediate the dispute.
(4) (i) Except as provided in subparagraph (ii) of this paragraph, if an allegation is based on § 14-404(a)(40) of this subtitle, the Board:
1. May determine that an agreement for corrective action is warranted; and
2. Shall notify the licensee of the identified deficiencies and enter into an agreement for corrective action with the licensee as provided in this paragraph.
(ii) The Board may not enter into an agreement for corrective action with a licensee if patient safety is an issue.
(iii) The Board shall subsequently evaluate the licensee and shall:
1. Terminate the corrective action if the Board is satisfied that the licensee is in compliance with the agreement for corrective action and has corrected the deficiencies; or
2. Pursue disciplinary action under § 14-404 of this subtitle if the deficiencies persist or the licensee has failed to comply with the agreement for corrective action.
(iv) An agreement for corrective action under this paragraph may not be made public or considered a disciplinary action under this title.
(v) The Board shall provide a summary of the corrective action agreements in the executive director's report of Board activities.
(d) County medical societies to initiate investigation.- County medical societies shall refer to the Board all complaints that set forth allegations of grounds for disciplinary action under § 14-404 of this subtitle.
(e) Physician peer review.-
(1) (i) In accordance with subsection (f) of this section, the Board shall enter into a written contract with an entity or individual for confidential physician peer review of allegations based on § 14-404(a)(22) of this subtitle.
(ii) The Board shall obtain two peer review reports for each allegation it refers for peer review.
(2) A peer reviewer shall:
(i) Be Board certified;
(ii) Have special qualifications to judge the matter at hand;
(iii) Have received a specified amount of medical experience and training;
(iv) Have no formal actions against the peer reviewer's own license;
(v) Receive training in peer review;
(vi) Have a standard format for peer review reports; and
(vii) To the extent practicable, be licensed and engaged in the practice of medicine in the State.
(3) The Board may consult with the appropriate specialty health care provider societies in the State to obtain a list of physicians qualified to provide peer review services.
(4) For purposes of peer review, the Board may use sole source procurement under § 13-107 of the State Finance and Procurement Article.
(5) The hearing of charges may not be stayed or challenged because of the selection of peer reviewers under this subsection before the filing of charges.
(f) Physician peer review - Completion.-
(1) The entity or individual peer reviewer with which the Board contracts under subsection (e) of this section shall have 90 days for completion of peer review.
(2) The entity or individual peer reviewer may apply to the Board for an extension of up to 30 days to the time limit imposed under paragraph (1) of this subsection.
(3) If an extension is not granted, and 90 days have elapsed, the Board may contract with any other entity or individual who meets the requirements of subsection (e)(2) of this section for the services of peer review.
(4) If an extension has been granted, and 120 days have elapsed, the Board may contract with any other entity or individual who meets the requirements of subsection (e)(2) of this section for the services of peer review.
(g) Rehabilitation services.-
(1) Except as provided in paragraph (2) of this subsection, on or before January 1, 2008, the Board shall issue a request for proposals and enter into a written contract with a nonprofit entity to provide rehabilitation services for physicians or other allied health professionals directed by the Board to receive rehabilitation services.
(2) If the Board does not receive a responsive proposal under paragraph (1) of this subsection or is not able to contract with a nonprofit entity, the Board shall provide directly rehabilitation services for physicians.
(h) Investigatory and mediation powers.-
(1) To facilitate the investigation and prosecution of disciplinary matters and the mediation of fee disputes coming before it, the Board may contract with an entity or entities for the purchase of investigatory, mediation, and related services.
(2) Services that may be contracted for under this subsection include the services of:
(i) Investigators;
(ii) Attorneys;
(iii) Accountants;
(iv) Expert witnesses;
(v) Consultants; and
(vi) Mediators.
(i) Subpoenas; oaths.- The Board may issue subpoenas and administer oaths in connection with any investigation under this section and any hearing or proceeding before it.
(j) Those not licensed under this title.- Those individuals not licensed under this title but covered under § 14-413(a)(1)(ii)3 and 4 of this subtitle are subject to the hearing provisions of § 14-405 of this subtitle.
(k) Time for disposition of complaint.-
(1) It is the intent of this section that the disposition of every complaint against a licensee that sets forth allegations of grounds for disciplinary action filed with the Board shall be completed as expeditiously as possible and, in any event, within 18 months after the complaint was received by the Board.
(2) If the Board is unable to complete the disposition of a complaint within 1 year, the Board shall include in the record of that complaint a detailed explanation of the reason for the delay.
[An. Code 1957, art. 43, § 130; 1981, ch. 8, § 2; 1982, ch. 333; 1984, ch. 340; 1986, ch. 642, § 3; 1988, ch. 109, § 1; 1990, ch. 6, § 11; 1991, ch. 55, § 1; 1992, ch. 271, § 1; 1995, ch. 466, §§ 1, 2; 1996, ch. 419; 2003, ch. 252; 2004, ch. 25; 2007, ch. 539.]