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496 LAWS OF MARYLAND Ch. 235
Health Care Malpractice Claims" be and they are hereby
added to Article — Courts and Judicial Proceedings, of
the Annotated Code of Maryland (1974 Volume and 1975
Supplement) to read as follows:
Article — Courts and Judicial Proceedings
SUBTITLE 2A. HEALTH CARE MALPRACTICE CLAIMS
3-2A01. DEFINITIONS.
(A) IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED UNLESS THE CONTEXT OF THEIR USE
REQUIRES OTHERWISE.
(B) "ARBITRATION PANEL" MEANS THE ARBITRATORS
SELECTED TO DETERMINE A HEALTH CARE MALPRACTICE CLAIM IN
ACCORDANCE WITH THIS SUBTITLE.
(C) "COURT" MEANS A CIRCUIT COURT OF A COUNTY OR
COURT OF THE SUPREME BENCH OF BALTIMORE CITY HAVING
JURISDICTION OVER ACTIONS AT LAW.
(D) "DIRECTOR" MEANS THE DIRECTOR OF THE HEALTH
CLAIMS ARBITRATION OFFICE.
(E) "HEALTH CARE PROVIDER" MEANS A HOSPITAL, A
RELATED INSTITUTION AS DEFINED IN ARTICLE 43, §556 OF THE
CODE, A PHYSICIAN, AN OSTEOPATH, AN OPTOMETRIST, A
CHIROPRACTOR, A REGISTERED OR LICENSED PRACTICAL NURSE, A
DENTIST, A PODIATRIST, AND A PHYSICAL THERAPIST, LICENSED
OR AUTHORIZED TO PROVIDE ONE OR MORE HEALTH CARE SERVICES
IN MARYLAND. "HEALTH CARE PROVIDER" [[SHALL NOT___BE
CONSTRUED TO INCLUDE NURSING INSTITUTIONS SUCH AS THOSE
OPERATED OR LISTED AND CERTIFIED BY THE FIRST CHURCH__OF
CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS WHEREIN THE ONLY
TREATMENT PRESCRIBED IS BY SPIRITUAL MEANS THROUGH PRAYER
ALONE.]] DOES NOT MEAN ANY NURSING INSTITUTION CONDUCTED
BY AND FOR THOSE WHO RELY UPON TREATMENT BY SPIRITUAL
MEANS THROUGH PRAYER ALONE IN ACCORDANCE WITH THE TENETS
AND PRACTICES OF A RECOGNIZED CHURCH OR RELIGIOUS
DENOMINATION.
(F) "MEDICAL INJURY" MEANS INJURY ARISING OR
RESULTING FROM THE RENDERING OR FAILURE TO RENDER HEALTH
CARE.
3-2A02. EXCLUSIVE PROCEDURES.
(A) ALL CLAIMS, SUITS, AND ACTIONS, INCLUDING
CROSS CLAIMS, THIRD PARTY CLAIMS, AND ACTIONS UNDER TITLE
3 SUBTITLE 9 OF THIS ARTICLE, BY A PERSON AGAINST A
HEALTH CARE PROVIDER FOR MEDICAL INJURY ALLEGEDLY
SUFFERED BY THE PERSON IN WHICH DAMAGES OF MORE THAN
$5,000 ARE SOUGHT ARE SUBJECT TO AND SHALL BE GOVERNED BY
THE PROVISIONS OF THIS SUBTITLE. AN ACTION OR SUIT OF
THAT TYPE MAY NOT BE BROUGHT OR PURSUED IN ANY COURT OF
THIS STATE EXCEPT IN ACCORDANCE WITH THIS SUBTITLE. AN
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