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    Maryland Department of Health
    Regulations

    ​
    PROPOSAL
    Maryland Register
    Issue Date:  August 5, 2016
    Volume 43 • Issue 16 • Page 918
     
    Title 10
    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    Subtitle 32 BOARD OF PHYSICIANS
    10.32.04 Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrist’s Assistant
    Authority: Health Occupations Article, §§14-205, 14-302, and 14-306, Annotated Code of Maryland
    Notice of Proposed Action
    [16-192-P]
    The Secretary of Health and Mental Hygiene proposes to amend Regulations .01 and .05 under COMAR 10.32.04 Delegation of Duties by a Licensed Physician-Psychiatrist to a Psychiatrists Assistant. This action was considered at a public meeting on September 30, 2015, notice of which was given by publication on the Board’s website at http://www.mbp.state.md.us/forms/sep15Fullagenda.pdf from September 16 through September 30, 2015, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
    Statement of Purpose
    The purpose of this action is to eliminate references to reinstatement as this category of providers has been grandfathered in since 1993 and no new providers are being licensed. This proposal also adds clarifying language.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through September 6, 2016. A public hearing has not been scheduled.
    .01 Scope.
    This chapter concerns the registration of psychiatrist's assistants before October 1, 1993, and re-registration[, reinstatement,] and discipline of psychiatrist's assistants currently registered by the Board of Physicians.
    .05 Registration[,] and Re-registration[, and Reinstatement].
    A. After October 1, 1993, the Board may not accept or approve any application for registration [or reinstatement of registration following a lapse of re-registration for a period of longer than 3 months].
    B. [Each person] An individual who has been registered by the Board as a psychiatrist's assistant pursuant to [these regulations] this chapter shall renew [his] the registration every 2 years on the date specified by the Board by re-registration and payment of the appropriate fees. A [person] registrant shall meet all the requirements of [these regulations] this chapter at re-registration.
    C. A psychiatrist's assistant shall [keep the Board apprised of his current post office address] notify the Board in writing of a change in the psychiatrist’s assistant name or address within 60 days after the change.
    D.—E. (text unchanged)
    F. If a psychiatrist's assistant does not receive notice of re-registration it shall be [his] the responsibility of the psychiatrist’s assistant to contact the Board in order to complete this re-registration before the expiration of [his] the current registration.
    G. A psychiatrist's assistant whose registration has expired for failure to renew is unregistered [and will be subject to the appropriate penalties and fees for reinstatement]. A registration which has expired [for a period longer than 3 months] shall be considered permanently expired[, and the psychiatrist's assistant is not eligible to reapply for registration or reinstatement].
    H. (text unchanged)
    I. When the registration expires, the approval of duties and supervision becomes invalid.
    VAN T. MITCHELL
    Secretary of Health and Mental Hygiene