Effective October 1, 2017, the Maryland State Board of Physicians (“MBP”) is required to create and maintain a public practitioner profile for each licensed physician and provide appropriate and accessible links to the profiles from the Board’s website. In addition to specified disciplinary information, the profiles must include the number of medical malpractice final court judgments and arbitration awards against the licensee within the most recent 10-year period for which all appeals have been exhausted, as reported to the Board (this information is reported by insurance providers). The profiles must also include medical education and practice information about the licensee, including (1) the licensee’s medical school and date of graduation; (2) a description of any internship and residency training; (3) a description of any specialty board certification; (4) the name of any hospital where the licensee has medical privileges, as reported to the board; (5) the location of the licensee’s primary practice setting; and (6) whether the licensee participates in Medicaid.
The new Maryland law is MD Code, Health Occupations, § 14-411.1 (“Public individual profiles; contents”) and states:
Health maintenance organization
(a) In this section, “health maintenance organization” has the meaning stated in § 19-701 of the Health–General Article.
(b) The Board shall create and maintain a public individual profile on each licensee that includes the following information:
(1) A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14-404 of this subtitle based on the charges or has rescinded the charges;
(2) A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10-year period that includes a copy of the public order;
(3) A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10-year period;
(4) The number of medical malpractice final court judgments and arbitration awards against the licensee within the most recent 10-year period for which all appeals have been exhausted as reported to the Board;
(5) A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude reported to the Board under § 14-416 of this subtitle; and
(6) As reported to the Board by the licensee, education and practice information about the licensee including:
(i) The name of any medical school that the licensee attended and the date on which the licensee graduated from the school;
(ii) A description of any internship and residency training;
(iii) A description of any specialty board certification by a recognized board of the American Board of Medical Specialties or the American Osteopathic Association;
(iv) The name of any hospital where the licensee has medical privileges;
(v) The location of the licensee’s primary practice setting;
(vi) Whether the licensee participates in the Maryland Medical Assistance Program; and
(vii) Whether the licensee maintains medical professional liability insurance.
(c) In addition to the requirements of subsection (b) of this section, the Board shall:
(1) Provide appropriate and accessible Internet links from the Board’s Internet site:
(i) To the extent available, to the appropriate portion of the Internet site of each health maintenance organization licensed in this State which will allow the public to ascertain the names of the physicians affiliated with the health maintenance organization; and
(ii) To the appropriate portion of the Internet site of the American Medical Association;
(2) Include a statement on each licensee’s profile of information to be taken into consideration by a consumer when viewing a licensee’s profile, including factors to consider when evaluating a licensee’s malpractice data, and a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel; and
(3) Provide on the Board’s Internet site:
(i) Notification that a person may contact the Board by telephone, electronic mail, or written request to find out whether the number of medical malpractice settlements involving a particular licensee totals three or more with a settlement amount of $150,000 or greater within the most recent 5-year period as reported to the Board; and
(ii) A telephone number, electronic mail address, and physical address through which a person may contact the Board to request the information required to be provided under item (i) of this item.
Request for profile
(d) The Board:
(1) On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person;
(2) Shall maintain a Web site that serves as a single point of entry where all physician profile information is available to the public on the Internet; and
(3) On receipt of a verbal, electronic, or written request in accordance with subsection (c)(3) of this section, shall provide the information within 2 business days of the request.
Corrections to profile
(e) The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
(f) The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
Disclosure of information
(g) This section does not limit the Board’s authority to disclose information as required under § 14-411 of this subtitle.
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