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    Maryland Register

    Issue Date:  July 20, 2018

    Volume 45 • Issue 15 • Pages 736 - 737


    Title 10 


    10.32.13 Physician Licensure by Conceded Eminence

    Authority: Health Occupations Article, §§14-307—14-319, Annotated Code of Maryland

    Notice of Proposed Action


    The Secretary of Health proposes to amend Regulations .02 and .03 under COMAR 10.32.13 Physician Licensure by Conceded Eminence. This action was considered by the Board of Physicians at a public meeting held on April 25, 2018, notice of which was provided on the Board’s website at https://www.mbp.state.md.us/forms/Apr18Bagenda.pdf pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

    Statement of Purpose

    The purpose of this action is to:

    (1) Delete an outdated term in the Definitions regulation;

    (2) Correct the COMAR cross-reference for the application fee; and

    (3) Revise and remove outdated language in the Qualification regulation pertaining to English language competency and claims of speech impairment.

    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, Maryland Department of Health, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 20, 2018. A public hearing has not been scheduled.

    .02 Definitions.

    A. (text unchanged)

    B. Terms Defined.

    (1)—(13) (text unchanged)

    [(14) 'Test of Spoken English' means the Educational Testing Service examination designed to evaluate the spoken English proficiency of those whose native language is not English.]

    [(15)] (14) (text unchanged)

    .03 Qualifications for Special License by Conceded Eminence.

    A. An applicant shall:

    (1) (text unchanged)

    (2) Pay an application fee set by the Board in COMAR [;

    (3)—(4) (text unchanged)

    B.—E (text unchanged)

    F. English Language Competency. An applicant shall demonstrate oral and written English language competency as described in [Health Occupations Article, §14-307(h), Annotated Code of Maryland. The applicant also shall demonstrate oral and written language competency as follows:

    (1) Graduation from a recognized, English-speaking undergraduate college or university after at least 3 years of enrollment;

    (2) Graduation from a recognized, English-speaking professional school; or

    (3) Achieving a score of 220 on the Test of Spoken English or equivalent score on an equivalent examination approved by the Board, and achieving a score of 550 on the Test of English as a Foreign Language or equivalent examination approved by the Board] COMAR

    G. Claim of Speech Impairment.

    [(1)] An applicant wishing to claim a speech impairment shall submit documentation of this impairment on forms supplied by the Board as described in COMAR

    [(2) Documentation of a speech impairment shall be submitted from a:

    (a) Licensed physician; and

    (b) Speech-language pathologist who is currently licensed to practice speech pathology in the United States.

    (3) Documentation should be submitted with the applicant's initial application but, in all cases, shall be submitted before the applicant's second attempt at passing the Test of Spoken English or its equivalent.

    (4) After the second examination, documentation of an impairment may not be submitted or accepted unless there has been an intervening medical/surgical event which has created the impairment.

    (5) The applicant shall be allowed to claim the impairment only if:

    (a) This event was reported to the Board before a third examination; and

    (b) The Board determines that the medical/surgical event did indeed create the impairment.

    (6) If an applicant has properly claimed and documented a speech impairment, the Board shall grant a license if the applicant is able to prove the ability to communicate with allied health personnel and patients. The Board shall request the following proof:

    (a) Documentation from three licensed physicians that the applicant can communicate in a professionally competent manner with patients and health care providers; or

    (b) A hearing before the Board where the applicant is asked to describe the manner in which the applicant would obtain a history and physical examination from a typical patient.

    H. Evaluation. The Board may require that an applicant under this chapter be evaluated by the Specialty Identification Committee of the Medical and Chirurgical Faculty of Maryland or other committee, and may require that the applicant be interviewed and be subject to peer review of the applicant's practice in accordance with Health Occupations Article, §14-401(b), Annotated Code of Maryland.]

    [I.] H. (text unchanged)

    Secretary of Health