1528

LAWS OF MARYLAND

Ch. 493

authorizing the Commission to perform supplemental
investigations; and altering the procedures whereby the
Commission may order a physician to submit to an
appropriate examination; consolidating the provisions
dealing with confidentiality of of Commission proceedings,

records, files and orders; and providing that

Commission proceedings, records and files are

confidential after the Commission takes final action in
a case.

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 130(g)(1), (3), and (g)

Annotated Code of Maryland

(1971 Replacement Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

130.

(g) (1) [The] AFTER PERFORMING ANY PRELIMINARY
INVESTIGATION IT CONSIDERS NECESSARY, THE Commission shall
refer any cases coming to its attention to the appropriate
local county society or committee of the Medical and
Chirurgical Faculty of the State of Maryland, for
investigation and report. [The report shall be acted upon]
THE INVESTIGATORY BODY SHALL COMPLETE ITS REVIEW AND SUBMIT
A REPORT TO THE COMMISSION within 90 days OF THE DATE OF THE
REFERRAL unless there is a time extension granted by the
Commission. IF THE INVESTIGATORY BODY DOES NOT COMPLETE ITS
INVESTIGATION AND SUBMIT ITS REPORT TO THE COMMISSION WITHIN
90 DAYS, THE COMMISSION MAY RE-REFER THE CASE TO SOME OTHER
INVESTIGATORY BODY. The report shall contain
recommendations THAT the investigation reveals may be
necessary for adequate disciplinary procedures. The
recommendations shall [then] be considered by the
Commission, which shall take whatever action it deems
appropriate, as provided herein. IN ADDITION TO ANY OTHER
POWER PROVIDED IN THIS SECTION, AFTER IT HAS RECEIVED A
REPORT AND RECOMMENDATION FROM AN INVESTIGATORY BODY, THE
COMMISSION MAY PERFORM A SUPPLEMENTAL INVESTIGATION. [All
investigations, reports, and recommendations shall be
considered confidential until such time as a final action is
taken by the Commission.]

(3) [The investigating body as provided in
paragraphs (1) and (2) of this subsection] AT THE REQUEST OF
AN INVESTIGATORY BODY OR ON ITS OWN INITIATIVE, THE
COMMISSION may [request] DIRECT a physician to submit to an
appropriate examination by a physician approved by the
Commission. The expense of the examination shall be borne