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LAWS OF MARYLAND

Ch.8

In subsection (b)(2)(ii) of this section, the
reference in present Art. 43, § 130(m-l)(2) that
the Commission "shall" hold a further hearing is
revised to require only that an opportunity for
another hearing be given before the Commission
may take further action.

The first sentence of present Art. 43, §
130(m-l)(l), which provides for immediate
suspension or revocation regardless of any appeal
or other postconviction proceeding if a physician
enters a plea or is convicted under § 14-504(6),
is deleted in light of the general prohibition
against staying an order of the Commission under
§ 14-508(c) of this subtitle.

The Commission to Revise the Annotated Code calls
to the attention of the General Assembly that
there are problems in regard to this section that
may deserve legislative attention. The
procedures established by this section appear to
be inadequate — e.g., no requirements are
imposed for a hearing or for any showings before
the Board issues an order of reinstatement.
Therefore, this section leaves an important
matter that affects the health of the public
essentially unregulated.

14-510. DISCOVERABILITY OR ADMISSIBILITY IN EVIDENCE OF
COMMISSION DOCUMENTS.

(A)  RECORDS OF COMMISSION NOT DISCOVERABLE OR

ADMISSIBLE -- IN GENERAL.

EXCEPT BY THE EXPRESS STIPULATION AND CONSENT OF ALL
PARTIES TO A PROCEEDING BEFORE THE COMMISSION OR ANY OF ITS
INVESTIGATORY BODIES, IN A CIVIL OR CRIMINAL PROCEEDING:

(1)  THE PROCEEDINGS, RECORDS, OR FILES OF THE
COMMISSION OR ANY OF ITS INVESTIGATORY BODIES ARE NOT
DISCOVERABLE AND ARE NOT ADMISSIBLE IN EVIDENCE; AND

(2)  ANY ORDER PASSED BY THE COMMISSION IS NOT
ADMISSIBLE IN EVIDENCE.

(B)  SAME — EXCEPTION.

THIS SECTION DOES NOT APPLY TO A CIVIL ACTION BROUGHT
BY A PARTY TO A PROCEEDING BEFORE THE COMMISSION WHO CLAIMS
TO BE AGGRIEVED BY THE DECISION OF THE COMMISSION.

(C)  OTHER EVIDENCE NOT AFFECTED.

IF ANY MEDICAL OR HOSPITAL RECORD OR ANY OTHER EXHIBIT
IS SUBPOENAED AND OTHERWISE IS ADMISSIBLE IN EVIDENCE, THE
USE OF THAT RECORD OR EXHIBIT IN A PROCEEDING BEFORE THE