Sec. 10.32.03.13. Reports by Employer and Primary Supervising Physician

A. Except as provided in §B of this regulation, a hospital, related institution, alternative health care system, employer, and primary supervising physician shall file with the Board a report that the hospital, related institution, alternative health system, employer, or primary supervising physician limited, reduced, otherwise changed, or terminated any licensee for any reason that might be grounds for disciplinary action under Regulation .11 of this chapter or Health Occupations Article, Titles 14 and 15, Annotated Code of Maryland.

B. Exception. A hospital, related institution, alternative health system, or employer that has reason to know that a licensee has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or suspension or revocation of the licensure because the licensee is alcohol impaired or drug impaired is not required to report the licensee to the Board if:

(1) The hospital, related institution, alternative health system, or employer knows that the licensee is:

(a) In an alcohol or drug treatment program that is accredited by the Joint Commission or is certified by the Maryland Department of Health; or

(b) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;

(2) The hospital, related institution, alternative health system, or employer is able to verify that the licensee remains in the treatment program until discharge; and

(3) The action or condition of the licensee or holder of a temporary license has not caused injury to any person while the licensee or holder of a temporary license is practicing.

C. Notice by Licensee.

(1) If the licensee enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission or that is certified by the Maryland Department of Health, the licensee shall notify the hospital, related institution, alternative health system, employer, or primary supervising physician of the licensee's or holder's decision to enter the treatment program.

(2) If the licensee fails to provide the notice required under §C(1) of this regulation, and the hospital, related institution, alternative health system, employer, or primary supervising physicians learns that the licensee has entered a treatment program, the hospital, related institution, alternative health system, employer, or primary supervising physician shall report to the Board that the licensee has entered a treatment program and has failed to provide the required notice.

(3) If the licensee is found to be noncompliant with the treatment program's policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, employer, or primary supervising physician of the licensee's noncompliance.