Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 10. Maryland Department of Health |
Part 4. |
Subtitle 32. BOARD OF PHYSICIANS |
Chapter 10.32.12. Delegation of Acts by a Licensed Physician to an Assistant Not Otherwise Authorized under the Health Occupations Article or the Education Article |
Sec. 10.32.12.02. Definitions
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A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Assistant" means an individual to whom only routine technical acts are delegated by a physician and who is:
(a) Trained as defined in §B(9) of this regulation and not certified, registered, or licensed by the Board or any other State health occupation board; or
(b) Certified, registered, or licensed by the Board or any other State health occupation board and is not acting under the authority of that certification, registration, or license granted by a State health occupation board.
(2) "Board" means the Board of Physicians.
(3) "CLIA" means the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. §263a) and the regulations promulgated under them, and 42 CFR Part 493, Subparts B and M.
(4) "Delegating physician" means a physician possessing an active license to practice medicine in this State who directs an assistant to perform technical acts.
(5) "Direct supervision" means oversight exercised by a delegating physician who is:
(a) Personally treating the patient; and
(b) In the presence of the assistant and the patient.
(6) Microdermabrasion means the use of a minimally invasive technique to gently exfoliate the dead, outermost layer of skin and is a method for improving superficial, environmental, aging, and hereditary skin changes by superficial, mechanically powered abrasion, often combined with application of topical crystals such as vitamin C.
(7) "On-site supervision" means oversight exercised by a delegating physician who is present at the site and able to be immediately available in person during the course of the performance of a delegated act.
(8) "Site" means any facility or location including those defined in Health-General Article, §§19-114 and 19-3B-01(b), Annotated Code of Maryland, used for the delivery of health services not covered in this chapter.
(9) "Technical act" means a routine medical or surgical act which does not require medical judgment and is performed with the supervision as specified within this chapter.
(10) "Trained" means possessing the knowledge, skills, and abilities, as determined by the physician, to perform delegated acts.