Maryland 2024 2024 Regular Session

Maryland House Bill HB757 Chaptered / Bill

Filed 05/02/2024

                     	WES MOORE, Governor 	Ch. 286 
 
– 1 – 
Chapter 286 
(House Bill 757) 
 
AN ACT concerning 
 
State Board of Physicians – Supervised Medical Graduates and Cardiovascular 
Invasive Specialists 
(Bridge to Medical Residency Act) 
 
FOR the purpose of authorizing a supervised medical graduate to provide delegated duties 
under direct supervision in accordance with regulations adopted by the State Board 
of Physicians; prohibiting an individual from practicing as a supervised medical 
graduate for more than a certain period of time; repealing the termination of certain 
provisions of law relating to delegation of duties by licensed physicians to 
cardiovascular invasive specialists; and generally relating to the delegation of duties 
by licensed physicians. 
 
BY repealing and reenacting, with amendments, 
 Article – Health Occupations 
Section 14–306 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2023 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Chapter 445 of the Acts of the General Assembly of 2019 
 Section 4 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Health Occupations 
 
14–306. 
 
 (a) To the extent permitted by the rules, regulations, and orders of the Board, an 
individual to whom duties are delegated by a licensed physician may perform those duties 
without a license as provided in this section. 
 
 (b) The individuals to whom duties may be delegated under this section include 
any individual authorized to practice any other health occupation regulated under this 
article or § 13–516 of the Education Article. 
 
 (c) The Board shall adopt rules and regulations to delineate the scope of this 
section. Before it adopts any rule or regulation under this section, the Board shall invite 
and consider proposals from any individual or health group that could be affected by the 
rule or regulation.  Ch. 286 	2024 LAWS OF MARYLAND  
 
– 2 – 
 
 (d) (1) If a duty that is to be delegated under this section is a part of the 
practice of a health occupation that is regulated under this article by another board, any 
rule or regulation concerning that duty shall be adopted jointly by the Board of Physicians 
and the board that regulates the other health occupation. 
 
 (2) If the two boards cannot agree on a proposed rule or regulation, the 
proposal shall be submitted to the Secretary for a final decision. 
 
 (e) Except as otherwise provided in this section, an individual may perform  
X–ray duties without a license only if the duties: 
 
 (1) Do not include: 
 
 (i) Computerized or noncomputerized tomography; 
 
 (ii) Fluoroscopy; 
 
 (iii) Invasive radiology; 
 
 (iv) Mammography; 
 
 (v) Nuclear medicine; 
 
 (vi) Radiation therapy; or 
 
 (vii) Xerography; 
 
 (2) Are limited to X–ray procedures of the: 
 
 (i) Chest, anterior–posterior and lateral; 
 
 (ii) Spine, anterior–posterior and lateral; or 
 
 (iii) Extremities, anterior–posterior and lateral, not including the 
head; and 
 
 (3) Are performed: 
 
 (i) By an individual who is not employed primarily to perform  
X–ray duties; 
 
 (ii) In the medical office of the physician who delegates the duties; 
and 
 
 (iii) 1. By an individual who, before October 1, 2002, has:   	WES MOORE, Governor 	Ch. 286 
 
– 3 – 
 
 A. Taken a course consisting of at least 30 hours of training 
in performing X–ray procedures approved by the Maryland Radiological Society in 
consultation with the Maryland Society of Radiologic Technologists; and 
 
 B. Successfully passed an examination based on that course 
that has been approved by the Maryland Radiological Society in consultation with the 
Maryland Society of Radiologic Technologists; or 
 
 2. By a licensed physician assistant who has completed a 
course that includes anterior–posterior and lateral radiographic studies of extremities on 
at least 20 separate patients under the direct supervision of the delegating physician or 
radiologist using a mini C–arm or similar low–level radiation machine to perform 
nonfluoroscopic X–ray procedures, if the duties: 
 
 A. Include only the X–ray procedures described in paragraph 
(2)(iii) of this subsection; and 
 
 B. Are performed pursuant to a Board–approved delegation 
agreement that includes a request to perform advanced duties under § 15–302(c)(2) of this 
article. 
 
 (f) (1) In accordance with regulations adopted by the Board, a licensed 
physician may delegate duties to a registered cardiovascular invasive specialist assisting 
in the physician’s performance of fluoroscopy if: 
 
 (i) The delegated duties are limited to a cardiac catheterization 
procedure performed in a hospital cardiac catheterization laboratory; 
 
 (ii) The physician is physically present and personally directs each 
act performed by the registered cardiovascular invasive specialist; 
 
 (iii) The registered cardiovascular invasive specialist has completed 
the training and education and has the experience required by regulations adopted by the 
Board; and 
 
 (iv) The hospital in which the cardiac catheterization laboratory is 
located has verified and documented that the registered cardiovascular invasive specialist 
has completed the training and education and has the experience required by regulations 
adopted by the Board. 
 
 (2) The hospital in which the cardiac catheterization laboratory is located 
and the physician delegating duties to a registered cardiovascular invasive specialist under 
this subsection are responsible for ensuring that all requirements of this subsection are 
met for each procedure. 
  Ch. 286 	2024 LAWS OF MARYLAND  
 
– 4 – 
 (3) A disciplinary panel may impose a civil penalty of up to $5,000 for each 
instance of a hospital’s failure to comply with the requirements of this subsection. 
 
 (G) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 
MEANINGS INDICATED . 
 
 (II) “DIRECT SUPERVISION ” MEANS OVERSIGHT EXER CISED BY 
A DELEGATING PHYSICIAN WHO IS : 
 
 1. PERSONALLY TREATING T HE PATIENT; AND 
 
 2. IN THE PRESENCE OF SAME MEDICAL OFFICE AS THE 
PATIENT AND THE SUPE RVISED MEDICAL GRADU ATE; AND 
 
 3. IMMEDIATELY AVAILABLE TO PROVIDE ASSISTANC E 
AND GUIDANCE TO THE SUPERVISED MEDICAL GRADUATE FOR THE DUR ATION OF 
THE COMPLETION OF A DELEGATED DUTY . 
 
 (III) “SUPERVISED MEDICAL GR ADUATE” MEANS AN INDIVIDUAL 
WHO: 
 
 1. HAS A DEGREE OF: 
 
 A. DOCTOR OF MEDICINE FROM A M EDICAL SCHOOL 
THAT IS ACCREDITED B Y AN ACCREDITING ORG ANIZATION THAT THE BOARD 
RECOGNIZES IN ITS RE GULATIONS; OR 
 
 B. DOCTOR OF OSTEOPATHY FROM A SCHOOL OF 
OSTEOPATHY IN THE UNITED STATES, ITS TERRITORIES OR P OSSESSIONS, PUERTO 
RICO, OR CANADA THAT HAS STAND ARDS FOR GRADUATION EQUIVALENT TO THOSE 
ESTABLISHED BY THE AMERICAN OSTEOPATHIC ASSOCIATION; AND 
 
 2. HAS PASSED PARTS 1 AND 2 OF THE UNITED STATES 
MEDICAL LICENSING EXAMINATION. 
 
 (2) IN SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION A ND IN 
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE BOARD, A SUPERVISED 
MEDICAL G RADUATE MAY PERFORM 	DELEGATED DUTIES UND ER DIRECT 
SUPERVISION. 
 
 (3) AN INDIVIDUAL MAY NOT PRACTICE AS A SUPERV ISED MEDICAL 
GRADUATE FOR A PERIO D OF MORE THAN 2 YEARS. 
   	WES MOORE, Governor 	Ch. 286 
 
– 5 – 
 (4) FOR THE PURPOSES OF T HIS SUBSECTION , A DELEGATING 
PHYSICIAN IS NOT REQ UIRED TO BE IN THE PRESENCE O F A PATIENT AND A 
SUPERVISED MEDICAL G RADUATE DURING THE C OMPLETION OF A DELEG ATED 
DUTY.  
 
Chapter 445 of the Acts of 2019 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2019. [It shall remain effective for a period of 5 years and, at the end of 
September 30, 2024, this Act, with no further action required by the General Assembly, 
shall be abrogated and of no further force and effect.] 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 
measure, is necessary for the immediate preservation of the public health or safety, has 
been passed by a yea and nay vote supported by three–fifths of all the members elected to 
each of the two Houses of the General Assembly, and shall take effect from the date it is 
enacted. 
 
Approved by the Governor, April 25, 2024.