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2659
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MARVIN MANDEL, Governor
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EXCEPT AS OTHERWISE PROVIDED BY LAW, [No] NO
hospital or related institution as defined in this
subtitle shall be immune from liability for negligence or
any other tort on the grounds that it is a charitable
institution[; provided, however, that]. HOWEVER, a
hospital or related institution which is a charitable
institution and which is insured against such liability
in an amount not less than $100,000 shall not be liable
for damages in excess of the limits of such insurance.
SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 556A-1 be and it is hereby added to Article 43 —
Health, of the Annotated Code of Maryland (1971
Replacement Volume and 1976 Supplement) to read as
follows:
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Article 43 - Health
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556A-1.
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(A) THE FOLLOWING ARE IMMUNE FROM CIVIL LIABILITY
FOR THE ACT OF COMPLYING WITH A REQUEST OR DIRECTIVE OF A
POLICE OFFICER, SHERIFF, OR OFFICER OF THE SHERIFF'S
DEPARTMENT, TO TAKE BLOOD SAMPLES AND MAKE TESTS OF THE
BLOOD WITHOUT THE CONSENT OF THE PERSON FROM WHOM IT WAS
TAKEN OR CONTRARY TO THAT PERSON'S OBJECTIONS, IF THE
BLOOD IS TAKEN FOR THE PURPOSE OF A CRIMINAL
INVESTIGATION:
(1) A HOSPITAL;
(2) A PHYSICIAN; OR
(3) ANY OF THE FOLLOWING WHO TAKE THE BLOOD
IN THE COURSE OF THEIR DUTIES AT A HOSPITAL:
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(I) A RESIDENT OF INTERN;
(II) A REGISTERED PROFESSIONAL NURSE;
(III) A HEALTH CAREER TECHNICIAN.
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OR
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(B) IMMUNITY IS GRANTED BY THIS SECTION ONLY IF
THE BLOOD SAMPLES ARE TAKEN ACCORDING TO ACCEPTED MEDICAL
PRACTICES AND THE TESTS ARE PERFORMED IN A REASONABLE
MANNER.
(C) HOWEVER, THE PROVISIONS OF THIS SECTION DO NOT
GRANT IMMUNITY FOR ANY TORT COMMITTED AS A RESULT OF
TAKING BLOOD IN A NEGLIGENT OR RECKLESS MANNER.
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
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[
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