HARRY HUGHES, Governor

4041

FOR the purpose of requiring the Department of Health and Mental
Hygiene to adopt certain regulations governing the transfer
of patients between hospitals; specifying certain minimum
requirements to be included in those regulations; providing
that the consent of certain persons is not required before
transfer; requiring hospitals to adopt certain policies;
providing civil penalties to be imposed in a certain manner
for failure to comply with certain regulations; providing
for the scope of this Act; requiring the Department to adopt
certain regulations concerning penalties; providing for
certain maximum penalties requiring hospitals to adopt
certain policies; providing for civil penalties to be
imposed in a certain manner for failure to comply with
certain regulations; and generally relating to patient
transfers between hospitals.

BY adding to

Article - Health - General
Section 19-308.2
Annotated Code of Maryland
(1982 Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-308.2.

(A) (1) SUBSECTION (B)(1) OF THIS SECTION IS NOT INTENDED TO
PREEMPT THE REQUIREMENTS OF § 10-625 OF THIS ARTICLE.

(2) (A) THE DEPARTMENT SHALL ADOPT REGULATIONS

GUIDELINES, AFTER CONSULTATION WITH THE MARYLAND HOSPITAL

ASSOCIATION, REGULATIONS GOVERNING THE TRANSFER OF PATIENTS
BETWEEN HOSPITALS TO ENSURE THAT TRANSFERS OF PATIENTS BETWEEN
HOSPITALS ARE ACCOMPLISHED IN A MEDICALLY APPROPRIATE MANNER AND
IN ACCORDANCE WITH THE HEALTH CARE POLICIES OF THE STATE, THAT,
AT A MINIMUM, REQUIRE:

(I) (1) NOTIFICATION TO THE RECEIVING HOSPITAL
BEFORE THE TRANSFER AND CONFIRMATION BY THAT HOSPITAL THAT THE
PATIENT MEETS THAT HOSPITAL'S ADMISSIONS CRITERIA RELATING TO
APPROPRIATE BED, PHYSICIAN, AND OTHER SERVICES NECESSARY TO TREAT
THE PATIENT;

(II) (2) THE USE OF MEDICALLY APPROPRIATE
LIFE-SUPPORT MEASURES THAT A REASONABLE AND PRUDENT PHYSICIAN IN
THE SAME OR SIMILAR LOCALITY EXERCISING ORDINARY CARE WOULD USE
TO STABILIZE THE PATIENT BEFORE TRANSFER AND TO SUSTAIN THE
PATIENT DURING THE TRANSFER;

(III) (3) THE PROVISION OF APPROPRIATE
PERSONNEL AND EQUIPMENT THAT A REASONABLE AND PRUDENT PHYSICIAN