Md. Code Ann., Health Occ. § 14-5C-18
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2026
As of January 1, 2019
(a) Except as provided in subsections (b) and (d) of this section, hospitals, related institutions, alternative health systems as defined in § 1–401 of this article, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed polysomnographic technologist for any reason that might be grounds for disciplinary action under § 14–5C–17 of this subtitle.
(a) (1) Except as provided in subsections (b) and (d) of this section, each employer of a licensed polysomnographic technologist shall submit to the Board a report if:
(i) The employer:
1. Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed polysomnographic technologist’s clinical privileges, employment, or other ability to practice or treat patients;
2. Involuntarily terminated or restricted the licensed polysomnographic technologist’s employment or staff membership; or
3. Asked the licensed polysomnographic technologist to voluntarily resign because of the licensed polysomnographic technologist’s conduct or while the licensed polysomnographic technologist is being investigated; and
(ii) The action described under item (i) of this paragraph was taken:
1. For reasons that might be grounds for disciplinary action under § 14–5C–17 of this subtitle;
2. Because the licensed polysomnographic technologist may have engaged in an act that may constitute unprofessional conduct;
3. Because the licensed polysomnographic technologist may be unable to practice polysomnography with reasonable skill and safety because of a physical or mental condition or professional incompetence; or
4. Because the licensed polysomnographic technologist may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.
(2) Each report submitted under paragraph (1) of this subsection shall include:
(i) The action taken by the employer;
(ii) A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and
(iii) The steps taken by the employer to investigate the conduct of the licensed polysomnographic technologist.
(3) (i) The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.
(ii) If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.
(b) A hospital, related institution, alternative health system, or employer that has reason to know that a licensed polysomnographic technologist has committed an action or has a condition that might be grounds for reprimand or probation of the licensed polysomnographic technologist or suspension or revocation of the license because the licensed polysomnographic technologist is alcohol impaired or drug impaired is not required to report the technologist to the Board if: (1) The hospital, related institution, alternative health system, or employer knows that the licensed polysomnographic technologist is: (i) In an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or is certified by the Department; or (ii) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse; and (2) (i) The hospital, related institution, alternative health system, or employer is able to verify that the licensed polysomnographic technologist remains in the treatment program until discharge; and (ii) The action or condition of the licensed polysomnographic technologist has not caused injury to any person while the technologist is practicing as a licensed polysomnographic technologist.
(b) If an employer knows that the conduct of a licensed polysomnographic technologist requires that the employer submit a report under subsection (a)(1) of this section because the licensed polysomnographic technologist is impaired by alcohol or another substance, the employer is not required to report the technologist to the Board if: (1) The employer knows that the licensed polysomnographic technologist is: (i) In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or (ii) Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders; and (2) (i) The employer is able to verify that the licensed polysomnographic technologist remains in the treatment program until successful discharge; and (ii) The action or condition of the licensed polysomnographic technologist has not caused injury to any person while the licensed polysomnographic technologist is practicing as a licensed polysomnographic technologist.
(c) (1) If the licensed polysomnographic technologist enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department, the licensed polysomnographic technologist shall notify the hospital, related institution, alternative health system, or employer of the licensed polysomnographic technologist’s decision to enter the treatment program.
(2) If the licensed polysomnographic technologist fails to provide the notice required under paragraph (1) of this subsection, and the hospital, related institution, alternative health system, or employer learns that the licensed polysomnographic technologist has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed polysomnographic technologist has entered a treatment program and has failed to provide the required notice.
(c) If the employer knows that the licensed polysomnographic technologist is noncompliant with the substance use disorder treatment program, the employer of the licensed polysomnographic technologist shall report the licensed polysomnographic technologist’s noncompliance to the Board.
(4) On receipt of the notification required under paragraph (3) of this subsection, the hospital, related institution, alternative health system, or employer of the licensed polysomnographic technologist shall report the licensed polysomnographic technologist’s noncompliance to the Board.
(d) (1) The Board may extend the reporting under this section for good cause shown.
(2) A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.
(e) The hospital, related institution, alternative health system, or employer shall submit the report within 10 days of any action described in this section.
(e) The Board may enforce this section by subpoena.
(f) Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section.
(g) An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.
(h) A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
(i) (1) A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.
(2) A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.
(3) The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.