Mandated Reports by Employers Requirements

Any person or entity that enters into an arrangement for professional services, whether paid, unpaid, contractual, or otherwise, with an individual licensed under Health Occupations, Title 14 or Title 15, Annotated Code of Maryland. This includes but is not limited to hospitals, private practices, urgent cares, long-term care facilities, HMOs, federally qualified health centers, universities, and any other person or entity that falls under the statutory definition of “employer” in Health Occupations, §14-101, Annotated Code of Maryland.

Mandated reports are required for all health professionals that the Board regulates. This includes: physicians, physician assistants, radiographers, radiology assistants, radiation therapists, nuclear medicine technologists, perfusionists, respiratory care practitioners, naturopathic doctors, and genetic counselors.

Employers must file a report with the Board if the employer takes certain actions for conduct that falls into certain categories.

1. Actions that may require an employer to file a report with the Board are when the employer has:
   1. Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the employee's clinical privileges, employment, or other ability to practice or treat patients;
   2. Involuntarily terminated or restricted the employee's employment or staff membership; or
   3. Asked the employee to voluntarily resign because of the employee's conduct or while the employee is being investigated;
2. The employer must file a report to the board if the employer has taken one or more of the above-listed actions and the conduct falls into one or more of the following categories:
   1. Conduct that would constitute grounds for disciplinary action by the Board;
   2. The employee may have engaged in an act that may constitute unprofessional conduct;
   3. The employee may be unable to practice with reasonable skill and safety because of a physical or mental condition or professional incompetence; or
   4. The employee may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that created an immediate or continuing danger.

(See Health Occupations, §§ 14-5A-18, 14-5B-15, 14-5C-18, 14-5D-11.5, 14-5E-18, 14-5F-19, 14-5G-20, and 15-103).

As of April 18, 2017, employers are no longer required to submit a list to the Board every six months of individuals employed by, granted privileges by, or applying for privileges at the hospital.

No. These requirements are no longer in effect.

No. Employers do not determine if an action violates the Maryland Medical Practice Act. If a reportable action occurs, the Board will determine if it violated the Maryland Medical Practice Act after a mandated report is filed and reviewed.

No. The employer must report the reportable action within ten business days of occurrence. Employers are not required to characterize the underlying conduct.

No. The employer must report the reportable action within ten business days of occurrence.

No. The employer must report the reportable action within ten business days of occurrence.

Yes. A voluntary leave of absence by an employee who is in good standing may be non-reportable. This may include, but is not limited to:

1. Employer-approved Family Medical Leave;
2. Family problems of a medical or other personal nature;
3. Medical problems that do not implicate the health care professional's mental or emotional ability to provide competent care;
4. Employer-approved leave as a reasonable accommodation under the Americans with Disabilities Act, State law, or the employer's sick leave policy;
5. Military deployment;
6. Sabbaticals;
7. Extended vacations;
8. Initial denial of employment or privileges not due to disciplinary reasons; and
9. Administrative suspensions of less than 30 cumulative calendar days.

1. Dr. Jane Doe and Hospital A mutually terminated Dr. Doe's employment contract. After the contract was terminated, Dr. Doe resigned her clinical privileges, which were in good standing.
2. Dr. John Doe voluntarily relinquished his clinical privileges at Hospital B and decided to focus on teaching and research activities.
3. Dr. Jane Doe's practice group did not renew its contract with Hospital C, leading to the automatic termination of her clinical privileges there.

An administrative suspension is non-reportable if it is less than 30 cumulative calendar days. The Board may impose an administrative suspension due to the employee's failure to:

1. Acquire mandated vaccinations or required serum titers for infections;
2. Attend required meetings;
3. Complete medical records;
4. Complete required training; or
5. Maintain or submit a certificate of professional insurance.

The statute requires each employer to file a report. Any entity that meets the statutory definition of employer for a health care practitioner must submit a mandated report. This includes, but is not limited to, all hospitals, medical universities, satellite locations, and affiliated entities that employ the health care practitioner.

Yes. To submit a Joint Report, the primary reporting employer must indicate that it is a Joint Report on the online report form. The primary reporting employer will then be prompted to provide information on the secondary employer. If the Board determines the information is incomplete, a second report may be required.

Yes, the employer must report an incident, regardless of any root cause analysis, for conduct that would constitute grounds for disciplinary action if the employer takes one or more of the following actions:

1. Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the employee's clinical privileges, employment, or other ability to practice or treat patients;
2. Involuntarily terminated or restricted the employee's employment or staff membership; or
3. Asked the employee to voluntarily resign because of the employee's conduct or while the employee is being investigated.

If the employer advised the applicant to withdraw the application, this must be reported. However, if the applicant simply withdrew on his or her own accord and without any suggestion or recommendation from the employer, or if the application is withdrawn due to a non-reportable action, this does not need to be reported.

The employer must submit a report if the termination was due to disciplinary reasons and if the action meets the reporting requirement under statute (Health Occupations, §15-103, Annotated Code of Maryland).

An employer must submit the required report through the Board's online portal within ten business days after the reportable action occurs.

An employer may upload a blank cover sheet if they have no other documentation to provide.