WILLIAM DONALD SCHAEFER, Governor Ch. 546

TERMINATING THE EMPLOYMENT OF ANY INDIVIDUAL WHO IS
BELIEVED TO HAVE ABUSED OR AIDED IN ABUSING A RESIDENT UNDER
§ 19-347 OF THE HEALTH - GENERAL ARTICLE.

(B) THIS SECTION DOES NOT GRANT ANY IMMUNITY FOR AN
ABUSER WHO MAKES A REPORT OR PARTICIPATES IN THE
INVESTIGATION OR PROCEEDING.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2) "HOSPITAL" HAS THE MEANING STATED IN § 19-301 OF THE
HEALTH - GENERAL ARTICLE.

(3) "RELATED INSTITUTION" HAS THE MEANING STATED IN §
19-301 OF THE HEALTH - GENERAL ARTICLE.

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
HOSPITAL OR RELATED INSTITUTION IS NOT IMMUNE FROM LIABILITY
FOR NEGLIGENCE OR ANY OTHER TORT ON THE GROUNDS THAT THE
HOSPITAL OR RELATED INSTITUTION IS A CHARITABLE INSTITUTION.

(C) A HOSPITAL OR RELATED INSTITUTION THAT IS A CHARITABLE
INSTITUTION AND IS INSURED AGAINST THIS LIABILITY IN AN AMOUNT
OF NOT LESS THAN $100,000 IS NOT LIABLE FOR DAMAGES IN EXCESS OF
THE LIMITS OF THAT INSURANCE.

(A) FOR PURPOSES OF THIS SECTION, AN "IMMEDIATE THREAT"
EXISTS IF ANY MEAT, SEAFOOD, POULTRY, VEGETABLE, FRUIT, OR ANY
OTHER PERISHABLE SUBSTANCE THAT IS INTENDED FOR CONSUMPTION
AS FOOD:

(1) CONTAINS ANY FILTHY, DECOMPOSED, OR PUTRID
SUBSTANCE;

(2) IS POISONOUS OR OTHERWISE WOULD BE INJURIOUS TO
HEALTH IF CONSUMED; OR

(3) IS OTHERWISE UNSAFE.

(B) (1) THE SECRETARY OF HEALTH AND MENTAL HYGIENE
SHALL BE LIABLE UNDER § 21-254 OF THE HEALTH - GENERAL ARTICLE
ONLY IF THE OWNER CAN PROVE BY A PREPONDERANCE OF EVIDENCE
THAT, AT THE TIME OF THE ACTION TAKEN AGAINST THE SUBSTANCE,
THE SUBSTANCE DID NOT POSE AN IMMEDIATE THREAT.

(2) ANY LIABILITY UNDER § 21-254 OF THE HEALTH -
GENERAL ARTICLE SHALL BE LIMITED TO THE MARKET VALUE OF THE

- 2421 -