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Martin O'Malley, Governor
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H.B. 282
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(iii) Come to an agreement for corrective action with a licensee
pursuant to paragraph (4) of this subsection.
(2) After performing any necessary preliminary investigation of an
allegation of grounds for disciplinary or other action, the Board shall refer any
allegation based on § 14-404(a)(22) of this subtitle to the entity or entities that have
contracted with the Board under subsection (e) of this section for further investigation
and physician peer review within the involved medical specialty or specialties.
(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) Except as provided in subparagraph (ii) of this paragraph, if
an allegation is based on § 14-404(a)(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.
(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.
(v) The Board shall provide a summary of the corrective action
agreements in the executive director's report of Board activities.
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- 4649 -
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