ROBERT L. EHRLICH, JR., Governor                             Ch. 252

(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.] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, IF AN ALLEGATION IS BASED ON § 14-404(40) OF THIS SUBTITLE,
THE BOARD:

1.       MAY DETERMINE THAT AN AGREEMENT FOR CORRECTIVE
ACTION IS WARRANTED; AND

2.       SHALL NOTIFY THE LICENSEE OF THE IDENTIFIED
DEFICIENCIES AND ENTER INTO AN AGREEMENT FOR CORRECTIVE ACTION WITH
THE LICENSEE AS PROVIDED IN THIS PARAGRAPH.

(II) THE BOARD MAY NOT ENTER INTO AN AGREEMENT FOR
CORRECTIVE ACTION WITH A LICENSEE IF PATIENT SAFETY IS AN ISSUE.

[(ii)](III) 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.

(IV) AN AGREEMENT FOR CORRECTIVE ACTION UNDER THIS
PARAGRAPH MAY NOT BE MADE PUBLIC OR CONSIDERED A DISCIPLINARY ACTION
UNDER THIS TITLE.

[(iii)] (V) The Board shall provide a summary of the corrective
action agreements in the executive director's report of Board activities.

(d) [(1)] The Faculty, all committees of the Faculty, except the physician
rehabilitation committee, THE ENTITY OR ENTITIES WITH WHICH THE BOARD
CONTRACTS UNDER SUBSECTION (E) OF THIS SECTION, ALL COMMITTEES OF THE
ENTITY OR ENTITIES, EXCEPT FOR THE PHYSICIAN REHABILITATION COMMITTEE,
and all county medical societies shall refer to the Board all complaints that set forth
allegations of grounds for disciplinary action under § 14-404 of this subtitle.

[(2) If the Faculty determines that 3 or more malpractice claims have
been filed against an individual licensed physician under § 3-2A-04(a) of the Courts
and Judicial Proceedings Article within a 5-year period, the Faculty shall submit the
name of the individual licensed physician to the Board and, subject to the approval of
the Board, shall refer the claims to the Faculty's appropriate committee for
investigation and report to the Board as if the Board had referred the claims to the
committee of the Faculty.

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