Md. Code Ann., Health Occ. § 1-604
Peer review in standard of care cases
Effective Jul 1, 2020Added by Acts 2010, c. 533, § 1, eff. Oct. 1, 2010; Acts 2010, c. 534, § 1, eff. July 1, 2010. Amended by Acts 2020, c. 139, § 1, eff. July 1, 2020; Acts 2020, c. 140, § 1, eff. July 1, 2020; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.State of Maryland
(a) If a statute authorizes a health occupations board to use a system of peer review in standard of care cases and the peer reviewer or peer reviewers determine that there has been a violation of a standard of care, the board shall provide the licensee or certificate holder under investigation:
- (1) An opportunity to review the final peer review report; and
- (2) At least 10 business days after the report was sent to the licensee or certificate holder to provide the board with a written response.
- (b) If a health occupations board receives a written response to a final peer review report, the board shall consider both the report and response before taking any action.
(c)
- (1) Except as provided in paragraph (2) of this subsection, health occupations boards and disciplinary panels may not reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke the license of a licensee or the certificate of a certificate holder solely on the basis of the licensee's or certificate holder's use of a diagnostic evaluation or treatment of a patient that is integrative, complementary, alternative, or nonconventional, including in the treatment of Lyme disease or tick-borne illnesses.
- (2) This subsection may not be construed to release a licensee or certificate holder from the duty to exercise a professional standard of care when evaluating and treating a patient's medical condition.
Added by Acts 2010, c. 533, § 1, eff. Oct. 1, 2010; Acts 2010, c. 534, § 1, eff. July 1, 2010. Amended by Acts 2020, c. 139, § 1, eff. July 1, 2020; Acts 2020, c. 140, § 1, eff. July 1, 2020; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.