A.  Review by the Board

The Board may review a delegation agreement filed under Regulation .05 of this chapter

The board may disapprove a delegation agreement or delegation of an advanced duty base upon:

  •  Licensure compliance issues with the primary supervising physician or the physician assistant
  • Failure of the delegation agreement to meet the requirements of:
  1. Health Occupation Article, Title 15, Subtitle 3, Annotated Code of Maryland or Regulation .05 of this chapter
  2. Belief that the physician assistant cannot safely perform the delegated duty

If the Board disapproves the delegation under A(2) or C(1) of this regulation,the primary supervising physician and physician assistant may appeal the

decision using the procedure described in Regulation .12 of this chapter

Upon notification by the Board that a delegation agreement or an advanced  duty has been denied, the physician assistant shall immediately cease to

practice under the agreement or  perform the advanced duty

B.  Core Duties

Upon receipt of a delegation agreement at the Board of Physicians, a physician may delegate and a physician assistant may perform delegated core medical acts

The Board shall notify the primary supervising physician and the physician assistant of the Board’s receipt of the delegation agreement

C.  General Anesthesia and Neuroaxial Anesthesia

Regardless of setting or other factors, a supervising physician may not delegate anesthesia before the Board has approved the delegation and a physician assistant may not perform general or neuroaxial anesthesia

The Board shall provide written notification of approval or disapproval of the delegation under C (1)

If the Board disapproves the delegation under C (1) of this regulation, the using the procedure described in Regulation .12 of this chapter the primary supervising physician and physician assistant may appeal the decision

D.  Advanced Duties in a Special Facility

Upon receipt of a delegation agreement at the Board of Physicians, a physician may delegate and a physician assistant may perform delegated core medical acts and advanced duties that have been approved through the specialty facility’s privileging process

The Board shall notify the physician assistant and the primary supervising physician that the Board received the delegation agreement

If the Board disapproves a delegation agreement under D (1) of this regulation, the primary supervising physician and the physician assistant:

  •  Shall immediately cease to perform the advanced duty; and
  •  May appeal the decision using the procedure described in Regulation .123 of this chapter

E.  Advanced Duties in Settings or Facilities Other than Special Facilities

Upon receipt of a delegation agreement under which a physician assistant will perform one or more advanced duties in a location other than a  special facility, the Board shall forward the agreement to the PAAC and request that the PAAC make a recommendation to the board

The committee shall present its recommendation to the Board for consideration

If the Board disapproves the delegation under E (1) of this regulation, the primary supervising physician and physician assistant:

  •  Shall immediately cease to perform the advanced duty; and
  •  May appeal the decision using the procedure described in Regulation .12 of this chapter

F.  Temporary Practice Letter

Eligibility 

A primary supervising physician who has filed a delegation agreement under E (1) of this regulation for approval to perform one or more advanced duties in a setting other than a special facility is eligible for a temporary practice  letter if the primary supervising physician and the physician assistant meet the  following criteria:

  •  The Board previously approved the physician assistant to perform the advanced duty; and
  •  The Board previously approved the primary supervising physician to supervise a physician assistant in the performance of the advanced duty Process.

An applicant who is requesting a temporary practice letter shall:

  •  Indicate on the delegation that a temporary practice letter is requested;
  •  Include the name of the physician, the name of the physician assistant, and the date of the delegation agreement which satisfies the requirements of F (1) (a) of this regulation
  • Include the name of the physician, the name of the physician assistant, and the date of the delegation agreement which satisfies the requirements of F (1) (b) of this regulation

Approval

Issuance of a temporary practice letter by Board staff entitles the physician assistant to work in accordance with the proposed delegation agreement until;

  •  Notification that the proposed delegation agreement has been denied by the Committee or the Board; or
  •  Notification that the proposed delegation agreement has been approved by the Board

G.  To the extent practicable

The Board shall approve a delegation agreement or take other action with respect to a delegation agreement within 90 days after receiving a completed delegation agreement including any information from the physician assistant and primary supervising physician