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Ch. 324
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2005 LAWS OF MARYLAND
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FOR the purpose of authorizing the Secretary of Health and Mental Hygiene to order
certain laboratories to retest patients and provide public notification to
physicians, patients, and the general public in the event of testing errors notify
certain physicians or other individuals of certain test results and take certain
measures to reduce or eliminate certain threats under certain circumstances;
establishing a civil penalty for noncompliance; and generally relating to the
regulation of medical laboratories.
BY repealing and reenacting, with amendments,
Article - Health - General
Section 17-210
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
17-210.
(a) The Secretary may deny a license to any applicant or suspend, revoke, or
limit a license or the authority to offer or perform any class of service, complexity of
testing, or tests that the license sets forth, if the medical laboratory or its director or
other personnel fail to meet the standards and requirements under this subtitle and
in regulations adopted pursuant to this subtitle.
(b) (1) If the Secretary finds that a laboratory issued a license under this
subtitle no longer meets the standards and requirements under this subtitle and in
regulations adopted pursuant to this subtitle, the Secretary may impose a directed
plan of correction or limit the testing authorized by the license instead of suspending
or revoking a license.
(2) (I) IF THE SECRETARY FINDS THAT A MEDICAL LABORATORY
PROVIDED ERRONEOUS, INVALID, OR UNRELIABLE TEST RESULTS TO PHYSICIANS,
PATIENTS, OR OTHER PERSONS, THE SECRETARY MAY ORDER THE MEDICAL
LABORATORY TO RETEST PATIENTS OR TO NOTIFY PHYSICIANS, PATIENTS, ALL
LOCAL HEALTH DEPARTMENTS, OR THE GENERAL PUBLIC OF THE NEED TO BE
RETESTED INSTEAD OF OR IN ADDITION TO TAKING THE OTHER ACTIONS
AUTHORIZED UNDER THIS SECTION.
(2) (I) IF THE SECRETARY FINDS THAT A MEDICAL LABORATORY
PROVIDED ERRONEOUS OR QUESTIONABLE TEST RESULTS THAT POSE A THREAT TO
THE HEALTH AND SAFETY OF PATIENTS, THE SECRETARY MAY ORDER THE
LABORATORY TO:
1. NOTIFY THE PHYSICIANS OR OTHER INDIVIDUALS WHO
ORDERED THE TESTS OF THE ERRONEOUS OR QUESTIONABLE TEST RESULTS: AND
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