Md. Code Regs. 10.09.55.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.55.03 - Conditions for Participation

A. A physician assistant shall:

(1) Meet all general provider requirements set forth in COMAR 10.09.36; and

(2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department.

B. A physician assistant shall:

(1) Have a written and executed delegation agreement with a licensed physician approved by the Board, or as required by the state in which services are provided; and

(2) If the primary supervising physician delegates the prescribing of controlled dangerous substances to a physician assistant, if required by applicable law, the physician assistant shall:

(a) Obtain a Maryland Controlled Dangerous Substance (MCDS) license from the Maryland Division of Drug Control; and

(b) After obtaining an MCDS license:

(i) Register with the Drug Enforcement Administration (DEA); and

(ii) Obtain a license from the DEA.

C. To participate as a provider, the physician assistant shall submit to the Program a copy of the provider's:

(1) Current approved delegation agreement; and

(2) Current license to practice in the state in which services are provided.

D. Modification of Delegation Agreement.

(1) If the provider's approved written delegation agreement with the physician is modified or terminated by either party, the physician assistant and supervising physician shall notify the Program within 5 days in writing.

(2) If the delegation agreement is modified, the physician assistant and the supervising physician shall submit to the Program a copy of the modified or new written agreement.

(3) If the duties of the physician assistant are limited, reduced, or result in other changes of employment that might be grounds for disciplinary actions under Health Occupations Article, §15-314, Annotated Code of Maryland, the supervising physician, hospital, alternative health care system, or employer shall notify the Program immediately or within 5 days in writing.

E. A physician assistant may practice in Maryland:

(1) Only in accordance with the delegation agreement approved by the Board; or

(2) If out-of-State, only in accordance with the scope of practice allowed by the licensing authority in the state in which services are provided.

Md. Code Regs. 10.09.55.03

Regulations .03 effective April 2, 2001 (28:06 Md. R. 620)
Regulation .03D amended as an emergency provision effective May 1, 2009 (36:13 Md. R. 897); amended permanently effective October 5, 2009 (36:20 Md. R. 1528)
Regulations .03 repealed effective April 28, 2014 (41:8 Md. R. 471)
Regulations .03 adopted effective 42:9 Md. R. 647, eff.5/11/2015; amended effective 50:13 Md. R. 512, eff. 7/10/2023