Maryland Delegate Fined $15K For Performing Surgery While Participating In Remote Hearing

On October 19, 2021, the Maryland Board of Physicians imposed a $15,000 fine on a Maryland physician who is also a Maryland state delegate after a panel concluded as a matter of law that she “is guilty of unprofessional conduct in the practice of medicine, in violation of Health Occ. § 14-404(a)(3)(ii),” stating in support of its conclusion: “At approximately 5:03 p.m. on March 12, 2021, the Respondent joined the Health and Government Operations Committee voting session by videoconference. The Respondent’s camera was angled upward, focused on surgical lights and the ceiling, though it was occasionally shifted. The top of the Respondent’s head and shoulders were visible in the lower part of the video feed. The Respondent wore a surgical gown, facemask, and surgical cap. She was positioned under the surgical lights, focused downward, and would occasionally shift, reach for surgical instruments, or adjust the lights. At times, other operating room staff members could be seen in the video feed. The Respondent and other operating room staff occasionally moved surgical equipment and blood-stained towels so that they were briefly visible on the video feed. The Respondent disconnected from the videoconference at approximately 6:00 p.m. Voting records for the session show that the Respondent cast a “yea” vote for all 14 bills presented.”

The Board’s Consent Order stated, in part: “At all relevant times, the Respondent has been licensed to practice medicine in Maryland. The Respondent was first licensed in Maryland on or about August 26, 1991, under License Number D42191. Her license is active through September 30, 2022, subject to renewal. The Respondent is board-certified in plastic surgery. At all relevant times, the Respondent practiced as a solo practitioner in Maryland. She holds surgical privileges at three hospitals and routinely performs surgeries at an ambulatory surgery center in Glen Burnie, Maryland (the “Surgery Center”). At all relevant times, the Respondent served as a Delegate in the Maryland House of Delegates.”

The Respondent/Physician told the Board that “She told Patient 1 that there was a possibility she might have to “take a call” during the surgery. When questioned about Patient l’s inability to recall that conversation, the Respondent said that “there was a lot going on, getting the patient to the hospital, getting them to the OR. I’m sure she was nervous.” She did not postpone Patient l’ s surgery because it was “pretty important to that patient” and “was [ a] hard case to get time for” … The Respondent then asked Patient 2 “right before surgery” if she (the Respondent) could participate in the videoconference meeting. Patient 2 agreed, and the Respondent participated. She contacted the Surgery Center’s medical director after she learned of news reports about her conduct. The medical director was “very upset” and made it clear to the Respondent that “it was never to happen again.” She did not appreciate the “sanctity” of the operating room to the public and now understands “the idea of … don’t invite the public into … the operating room.””

Source

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This entry was posted on Thursday, November 25th, 2021 at 5:30 am. Both comments and pings are currently closed.

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