1998                                          LAWS OF MARYLAND                                Ch. 722

MIGHT OTHERWISE RESULT FROM THAT ACTIVITY, IF THE ACTIONS
WERE TAKEN IN GOOD FAITH AND ARE MADE WITHIN THE SCOPE OF
THE FUNCTION OF THE COMMITTEE. THE PROVISIONS OF THIS
PARAGRAPH DO NOT APPLY TO ANY CONTRACTUAL LIABILITY OF A
MEDICAL REVIEW COMMITTEE OR ITS MEMBERS.]]

(D)    THE PROCEEDINGS, RECORDS, AND FILES OF A

MEDICAL REVIEW COMMITTEE ARE NEITHER DISCOVERABLE NOR

ADMISSIBLE INTO EVIDENCE IN ANY CIVIL ACTION ARISING OUT
OF MATTERS WHICH ARE BEING REVIEWED AND EVALUATED BY THE

COMMITTEE.__THIS IMMUNITY DOES NOT APPLY TO A CIVIL

ACTION BROUGHT BY A PARTY TO THE PROCEEDINGS OF THE

REVIEW COMMITTEE AND CLAIMING TO BE AGGRIEVED__BY THE

DECISION OF THE COMMITTEE. ALSO, THIS IMMUNITY DOES NOT
EXTEND TO ANY RECORDS OR DOCUMENTS CONSIDERED BY THE
COMMITTEE WHICH WOULD OTHERWISE BE SUBJECT TO DISCOVERY
AND INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION.

(E)    A MEDICAL REVIEW COMMITTEE, INDIVIDUAL MEMBERS

OF A COMMITTEE, OR ANY PERSON (1) PROVIDING__INFORMATION

TO, (2) PARTICIPATING IN, OR (3) CONTRIBUTING TO THE

FUNCTION OF A COMMITTEE ARE IMMUNE FROM LIABILITY FOR
DAMAGES FROM THEIR ACTIVITY IF THEIR ACTIONS ARE TAKEN IN

GOOD FAITH AND WITHIN THE SCOPE OF THE COMMITTEES'

JURISDICTION.

(F)    NOTWITHSTANDING THE FOREGOING PROVISIONS OF
SUBSECTIONS (D) AND (E) OF THIS SECTION, THE PROVISIONS
OF SUBSECTIONS (Q) AND (R) OF ARTICLE 43, SECTION 130,
SHALL APPLY WITH RESPECT TO THE COMMISSION ON MEDICAL
DISCIPLINE AND TO OTHER BODIES TO THE EXTENT THAT THEY

ACT IN AN INVESTIGATORY CAPACITY WITH RESPECT TO THAT

COMMISSION.

SECTION 2. AND BE IT FURTHER ENACTED, That if any
provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason,
the invalidity shall not affect the other provisions or
any other application of this Act which can be given
effect without the invalid provisions or application, and
to this end all the provisions of this Act are declared
to be severable.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 723
(House Bill 1038)