§ 14-5E-18. Report of performance issues; exception for perfusionist in treatment programs; penalties.

   (a) In general. -- Except as provided in subsections (b) and (d) of this section, hospitals, related institutions, alternative health systems as defined in § 1-401 of this article, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed perfusionist for any reason that might be grounds for disciplinary action under § 14-5E-16 of this subtitle.

(b) Exception. -- A hospital, related institution, alternative health system, or employer that has reason to know that a licensed perfusionist has committed an act or has a condition that might be grounds for reprimand or probation of the licensed perfusionist or suspension or revocation of the license because the licensed perfusionist is alcohol-impaired or drug-impaired is not required to report the licensed perfusionist to the Board if:

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

      (i) In an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or is certified by the Department; or

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

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

      (ii) The action or condition of the licensed perfusionist has not caused injury to any person while the perfusionist is practicing as a licensed perfusionist.

(c) Notice. --

   (1) If the licensed perfusionist enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department, the licensed perfusionist shall notify the hospital, related institution, alternative health system, or employer of the licensed perfusionist's decision to enter the treatment program.

   (2) If the licensed perfusionist fails to provide the notice required under paragraph (1) of this subsection, and the hospital, related institution, alternative health system, or employer learns that the licensed perfusionist has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed perfusionist has entered a treatment program and has failed to provide the required notice.

   (3) If the licensed perfusionist 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, or employer of the licensed perfusionist's noncompliance.

   (4) On receipt of the notification required under paragraph (3) of this subsection, the hospital, related institution, alternative health system, or employer of the licensed perfusionist shall report the licensed perfusionist's noncompliance to the Board.

(d) Confidentiality. -- A person is not required under this section to make any report that would be in violation of any federal or state law, rule, or regulation concerning the confidentiality of alcohol- and drug abuse-related patient records.

(e) Time for filing report. -- The hospital, related institution, alternative health system, or employer shall submit the report within 10 days of any action described in this section.

(f) Subpoena. -- A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.

(g) Penalties. --

   (1) The Board may impose a civil penalty of up to $ 1,000 for failure to report under this section.

   (2) The Board shall remit any penalty collected under this subsection into the General Fund of the State.

HISTORY: 2011, ch. 588, § 2; 2013, ch. 401.