MARVIN MANDEL, Governor

801

Section 42 (c)

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 42(c) of Article 43 - Health, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article 43 - Health

42.

(c) The State Board of Health and Mental Hygiene
shall establish, in cooperation with the various
professional organizations whose members are involved in
the delivery of health care services under Maryland's
medical assistance program, a system of review for all
health care rendered. The review shall include, but not
be limited to, an analysis of the quality of care and the
proper utilization of the services by the patient or the
provider. THE REVIEW ALSO SHALL INCLUDE DRUG PRESCRIBING
PRACTICES. THE RESULTS OF THE PRESCRIPTION PRACTICES
REVIEW SHALL BE REPORTED TO THE GENERAL ASSEMBLY NO LATER
THAN DECEMBER 31, [[1976]] 1977. [[THIS REVIEW SHALL BE
PERFORMED IN COOPERATION WITH AND BY THE APPROPRIATE
COMMITTEES OF THE MEDICAL AND CHIRURGICAL FACULTY OF
MARYLAND. ]]

There [shall be no] MAY NOT BE monetary liability on
the part of, [and no] OR A cause of action for damages
[shall arise] against, any member or members of a duly
appointed committee of [such] THESE professional
organizations, or duly appointed member or members of a
committee of a medical staff of a licensed hospital, for
any functions undertaken or performed within the scope of
the system of review as established by this section, if
[such] THE committee members [have] acted without malice.
The provisions of this section do not affect the immunity
of an officer or employee of a State agency.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 4, 1976.

CHAPTER 272
(Senate Bill 217)
AN ACT concerning

Real Property - Corrective