1. A. Except as provided in §B of this regulation, a hospital, related institution, alternative health care system, and employer physician shall file with the Board a report that the hospital, related institution, alternative health system, or employer physician limited, reduced, otherwise changed, or terminated any licensee for any reason that might be grounds for disciplinary action under Regulation .13 of this chapter or Health Occupations Article, Titles 14 and 15, Annotated Code of Maryland.

2. B. Exception. A hospital, related institution, alternative health system, or employer that has reason to know that a licensee has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or suspension or revocation of the licensure because the licensee is alcohol impaired or drug impaired is not required to report the licensee to the Board if:

   1. (1) The hospital, related institution, alternative health system, or employer knows that the licensee is:

      1. (a) In an alcohol or drug treatment program that is accredited by the Joint Commission or is certified by the Maryland Department of Health; or
      2. (b) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;
   2. (2) The hospital, related institution, alternative health system, or employer is able to verify that the licensee remains in the treatment program until discharge; and
   3. (3) The action or condition of the licensee or holder of a temporary license has not caused injury to any person while the licensee or holder of a temporary license is practicing.

3. C. Notice by Licensee.

   1. (1) If the licensee enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission or that is certified by the Maryland Department of Health, the licensee shall notify the hospital, related institution, alternative health system, employer, or patient care team physician of the licensee's or holder's decision to enter the treatment program.
   2. (2) If the licensee fails to provide the notice required under §C(1) of this regulation, and the hospital, related institution, alternative health system, employer, or patient care team physicians learn that the licensee has entered a treatment program, the hospital, related institution, alternative health system, employer, or patient care team physician shall report to the Board that the licensee has entered a treatment program and has failed to provide the required notice.
   3. (3) If the licensee is found to be noncompliant with the treatment program's policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, employer, or patient care team physician of the licensee's noncompliance.

Authority: Health Occupations Article, §§1-213, 1-606, 14-205, 15-101—15-502, Annotated Code of Maryland

Effective date: May 28, 1975 (2:12 Md. R. 870)

Chapter revised effective October 26, 1981 (8:21 Md. R. 1708)

Regulations .02 and .05F amended effective September 27, 1982 (9:19 Md. R. 1895)

Regulations .05B-1 and .09A-1 adopted effective September 27, 1982 (9:19 Md. R. 1895)

Regulations .01—.11 repealed effective March 18, 1991 (18:5 Md. R. 594)

Regulations .01—.12 adopted effective March 18, 1991 (18:5 Md. R. 594)

Regulations .02, .03, .06, .10, and .11 amended; Regulations .07—.09 and .12 repealed; and new Regulations .07—.09, .12, and .15 adopted as an emergency provision effective August 12, 1999 (26:18 Md. R. 1369); amended permanently effective January 24, 2000 (27:1 Md. R. 76)

Regulations .02 and .05—.07 amended and new Regulation .06-1 adopted as an emergency provision effective November 8, 1996 (23:24 Md. R. 1676); emergency status expired October 1, 1997

Regulation .02B amended effective October 2, 1997 (24:17 Md. R. 1214); July 12, 1999 (26:14 Md. R. 1082)

Regulation .04B amended effective July 12, 1999 (26:14 Md. R. 1082)

Regulation .05B amended effective October 2, 1997 (24:17 Md. R. 1214)

Regulation .06C amended effective November 22, 1993 (20:23 Md. R. 1804); October 2, 1997 (24:17 Md. R. 1214)

Regulation .06D adopted effective October 2, 1997 (24:17 Md. R. 1214)

Regulation .07A amended effective September 11, 1995 (22:18 Md. R. 1399)

Regulation .07C adopted effective October 2, 1997 (24:17 Md. R. 1214)

Regulation .11B amended effective April 25, 1994 (21:8 Md. R. 673)

Regulation .13 adopted effective July 12, 1999 (26:14 Md. R. 1082)

Regulation .14 adopted effective July 12, 1999 (26:14 Md. R. 1082)

Chapter revised effective May 1, 2004 (31:7 Md. R. 584)

Regulation .06D adopted as an emergency provision effective October 1, 2006 (33:24 Md. R. 1905); adopted permanently effective January 15, 2007 (34:1 Md. R. 32)

Regulation .08C amended as an emergency provision effective October 1, 2006 (33:24 Md. R. 1905); amended permanently effective January 15, 2007 (34:1 Md. R. 32)

Regulation .09C amended as an emergency provision effective October 1, 2006 (33:24 Md. R. 1905); amended permanently effective January 15, 2007 (34:1 Md. R. 32)

Chapter revised as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); revised permanently effective October 3, 2011 (38:20 Md. R. 1202)

Regulation .05C amended effective January 18, 2016 (43:1 Md. R. 14)

Regulation .05F adopted effective November 7, 2016 (43:22 Md. R. 1221)

Regulation .07 amended effective January 18, 2016 (43:1 Md. R. 14)

Regulation .07A amended effective March 26, 2018 (45:6 Md. R. 320)

Regulation .09 amended effective January 2, 2017 (43:26 Md. R. 1446)

Regulation .09E adopted as an emergency provision effective January 4, 2022 (49:4 Md. R. 299); emergency status expired effective July 3, 2022

Regulation .17 adopted effective July 22, 2013 (40:14 Md. R. 1175)

Regulation .18 adopted effective July 22, 2013 (40:14 Md. R. 1175)

Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)

Annotation: COMAR 10.32.03 cited in Attorney General Opinion No. 86-008 (February 18, 1986)