H.B. 1142                                                VETOES

(2)     (i) After performing any necessary preliminary investigation of an
allegation of grounds for disciplinary or other action, the Board shall refer any allegation
involving standards of medical care, as determined by the Board, and any allegation based
on § 14-404(a)(19) to the Faculty for further investigation and physician peer review
within the involved medical specialty or specialties.

(ii) The Faculty may refer the allegation for investigation and report to
the appropriate:

1.       County medical society; or

2.       Committee of the Faculty.

(3)     If, after performing any necessary preliminary investigation, the Board
determines that an allegation involving fees for professional or ancillary services does not
constitute grounds for disciplinary or other action, the Board shall offer the complainant
and the licensee an opportunity to mediate the dispute.

(4)      (I) IF THE BOARD DETERMINES THAT AN AGREEMENT FOR
CORRECTIVE ACTION IS WARRANTED AND PATIENT SAFETY IS NOT AN ISSUE, THE
BOARD SHALL NOTIFY THE LICENSEE OF THE IDENTIFIED DEFICIENCIES AND
ENTER INTO AN AGREEMENT FOR CORRECTIVE ACTION, WHICH MAY NOT BE MADE
PUBLIC AND WHICH SHALL NOT BE CONSIDERED A DISCIPLINARY ACTION FOR
PURPOSES OF THIS SUBTITLE.

(II)     THE BOARD SHALL SUBSEQUENTLY EVALUATE THE LICENSEE
AND SHALL:

1.       TERMINATE THE CORRECTIVE ACTION IF THE BOARD IS
SATISFIED THAT THE LICENSEE IS IN COMPLIANCE WITH THE AGREEMENT FOR
CORRECTIVE ACTION AND HAS CORRECTED THE DEFICIENCIES; OR

2.       PURSUE DISCIPLINARY ACTION UNDER § 14-404 OF THIS
SUBTITLE IF THE DEFICIENCIES PERSIST OR THE LICENSEE HAS FAILED TO COMPLY
WITH THE AGREEMENT FOR CORRECTIVE ACTION.

(III)   THE BOARD SHALL PROVIDE A SUMMARY OF THE
CORRECTIVE ACTION AGREEMENTS IN THE EXECUTIVE DIRECTOR'S REPORT OF
BOARD ACTIVITIES.

14-404.

(a) Subject to the hearing provisions of § 14-405 of this subtitle, the Board, on the
affirmative vote of a majority of its full authorized membership, may reprimand any licensee,
place any licensee on probation, or suspend or revoke a license if the licensee:

(33)  Fails to cooperate with a lawful investigation conducted by the Board; [or]

(34)  Is in breach of a service obligation resulting from the applicant's or licensee's
receipt of State or federal funding for the licensee's medical education[.]; OR

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