HARRY HUGHES, Governor

601

COMMISSION OR ANY OF ITS INVESTIGATORY BODIES DOES NOT
PREVENT ITS PRODUCTION IN ANY OTHER PROCEEDING.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
130(g).

In subsection (a)(2) of this section, the first
clause of the second sentence of present Art. 43,
§ 130(q), which states that the "{c}ommission
orders are not confidential", is deleted as
unnecessary since this subsection does not
provide for the confidentiality of any Commission
order.

The General Assembly may wish to note that the
Attorney General, in a letter to Governor Harry
Hughes, dated May 5, 1980, advised that since
notice is not provided in the title of the bill,
enacted as Ch. 493, Acts of 1980, as to the
changes in the provisions of present Art. 43, §
130(q) concerning the confidentiality of the
records of the Commission on Medical Discipline,
the changes cannot be given effect. However, the
Commission to Revise the Annotated Code has given
effect to the intent of the General Assembly to
enlarge the class of protected material.

As to the provisions of present Art. 43, § 130(g)
that provide for the protection of certain
Commission documents against discovery and
admissibility into evidence and the broad
exceptions to this protection, see § 14-601 of
this title and the accompanying revisor's note.

14-511. IMMUNITY FROM CIVIL LIABILITY OF PARTICIPANTS IN
COMMISSION PROCEEDINGS.

(A)  MEMBER OR AGENT OF COMMISSION.

A PERSON WHO ACTS WITHOUT MALICE IS NOT CIVILLY LIABLE
FOR MAKING, INVESTIGATING, PROSECUTING, OR PARTICIPATING IN
A HEARING, IF THAT PERSON ACTS AS A MEMBER OF THE
COMMISSION, OR OTHERWISE ACTS ACTING ON AN ALLEGATION OR
COMPLAINT OF A GROUND FOR COMMISSION ACTION MADE TO THE
COMMISSION OR THE FACULTY THAT IS A GROUND FOR DISCIPLINARY
OR OTHER ACTION. FACULTY, IF THAT PERSON IS A MEMBER OF THE
COMMISSION OR A LEGALLY AUTHORIZED AGENT OF THE COMMISSION.

(B)  PERSON MAKING COMPLAINT.

A PERSON WHO ACTS WITHOUT MALICE IS NOT CIVILLY LIABLE
FOR MAKING AN ALLEGATION OF A GROUND FOR COMMISSION ACTION
TO THE COMMISSION OR THE FACULTY.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
130(r).