Practice while delegation agreement pending

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    (a)    If a delegation agreement does not include advanced duties or the advanced duties have been approved under § 15–302(c)(1) of this subtitle, a physician assistant may assume the duties under a delegation agreement on the date of receipt by the Board of the delegation agreement.

    (b)    In this section, “pending” means that a delegation agreement that includes delegation of advanced duties in a setting that does not meet the requirements under § 15–302(c)(1) of this subtitle has been executed and submitted to the Board for its approval, but:

        (1)    The Committee has not made a recommendation to the Board; or

        (2)    The Board has not made a final decision regarding the delegation agreement.

    (c)    Subject to subsection (d) of this section, if a delegation agreement is pending, on receipt of a temporary practice letter from the staff of the Board, a physician assistant may perform the advanced duty if:

        (1)    The primary supervising physician has been previously approved to supervise one or more physician assistants in the performance of the advanced duty; and

        (2)    The physician assistant has been previously approved by the Board to perform the advanced duty.

    (d)    If the Committee recommends a denial of the pending delegation agreement or the Board denies the pending delegation agreement, on notice to the primary supervising physician and the physician assistant, the physician assistant may no longer perform the advanced duty that has not received the approval of the Board.

    (e)    The Board may disapprove any delegation agreement if it believes that:

        (1)    The agreement does not meet the requirements of this subtitle; or

        (2)    The physician assistant is unable to perform safely the delegated duties.

    (f)    If the Board disapproves a delegation agreement or the delegation of any function under an agreement, the Board shall provide the primary supervising physician and the physician assistant with written notice of the disapproval.

    (g)    A physician assistant who receives notice that the Board has disapproved a delegation agreement or an advanced function under the delegation agreement shall immediately cease to practice under the agreement or to perform the disapproved function.


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