Sec. 10.12.03.05. Investigation by the Secretary

A. The Secretary may investigate complaints concerning the conformance of a cosmetic surgical facility to the requirements of this chapter and for compliance with the standards for the operation of a cosmetic surgical center issued by its accreditation organization.

B. A facility shall be open during normal business hours, or any other times that the facility is serving patients, for inspection by the Department and by any other agency designated by the Secretary to investigate complaints.

C. The Department shall refer complaints concerning a health care practitioner’s performance or a health care practitioner’s conformance to the standards of medical practice to the appropriate health occupations board that licenses, certifies, or otherwise regulates the health care practitioner under the Health Occupations Article, Annotated Code of Maryland.

D. Noncompliance.

(1) If the Secretary determines that a licensee fails to meet any provision of this chapter or fails to comply with the standards for the operation of a cosmetic surgical center issued by its accreditation organization, the Secretary shall:

(a) Advise the licensee of the exact nature of the violation; and

(b) Require that the facility specify what corrective action it is taking and monitor the facility to ensure that it takes corrective action.

(2) This section does not preclude the Secretary from imposing any of the sanctions set forth in this chapter.

(3) The Secretary may not require that a licensee correct a violation of a standard that is a higher standard than that required of an ambulatory surgical facility under Health-General Article, Title 19, Subtitle 3B, Annotated Code of Maryland, and its implementing regulations.

E. Records and Reports. The facility shall make its records and reports available to the Department or its designee for inspection during the investigation of a complaint. On the written request of the Department, the facility shall immediately provide photocopies or electronic images of records and reports, including clinical records of patients.