COMAR 10.32.03.08. Approval, Disapproval, Ineligible, or Modification of Advanced Duties

A. Approvals of Advanced Duties.

(1) Documentation demonstrating a physician assistant’s authority to perform an advanced duty under this section shall be maintained at the facility where the physician assistant is performing the advanced duty.

(2) The Board may audit and review collaboration agreements kept by the physician assistant at the primary place of business of the licensee at any time.

(3) If an advanced duty requires Board approval, the Committee:

(a) Shall review the collaboration agreement;

(b) May conduct a personal interview of the physician assistant and patient care team physicians; or

(c) May recommend to the Board that the collaboration agreement be modified to ensure conformance with the requirements of Health Occupations Article, §§ 15 – 302 and 15 – 302 .1, Annotated Code of Maryland.

B. Modification or Disapproval of Advanced Duties.

(1) The Board may modify or disapprove the performance of advanced duties under a collaboration agreement if the physician assistant does not meet the applicable education, training, and experience requirements to perform the specified advanced duties.

(2) If the Board disapproves or modifies a request to perform an advanced duties, the Board shall:

(a) Notify the delegating patient care team physician listed in the collaboration agreement and the physician assistant in writing of the particular elements of the advanced duty approval request that were the cause for the modification or denial;

(b) Set forth the specific reasons for the modification or denial; and

disapproves or modifies a request to perform an advanced duties, the Board shall:

(a) Notify the delegating patient care team physician listed in the collaboration agreement and the physician assistant in writing of the particular elements of the advanced duty approval request that were the cause for the modification or denial;

(b) Set forth the specific reasons for the modification or denial; and

(c) Give the applicant an opportunity to submit an amendment to the advanced duty or request a hearing before the Board.

(3) To request a hearing regarding modification or disapproval of advanced duties, the applicant shall make a written request for a hearing within 30 days of the receipt of the notice of modification or disapproval.

C. Physician Assistant Deemed Ineligible to Perform an Advanced Duty.

(1) A physician assistant who applies to perform an advanced duty may be deemed ineligible to perform an advanced duty if the physician assistant or patient care team physician:

(a) Fails to complete the application;

(b) Fails to provide additional information requested by the Board in connection with the application; or

(c) Submits false or misleading information to the Board in connection with the application.

(2) If a physician assistant is deemed ineligible to perform the advanced duty, the Board shall:

(a) Give written notice to the applicant; and

(b) Set forth the specific reasons for the ineligibility.

(3) A physician assistant who is deemed ineligible to perform the advanced duty shall not be authorized to perform the advanced duty except for training purposes under the direct supervision of a patient care team physician listed on the collaboration agreement.

D. Individual members of the Board are not civilly liable for actions regarding the approval, modification, or disapproval of an advanced duty under the collaboration agreement described in this regulation.

Cross References 10.32.03.06C(1)(h)