HARRY HUGHES, Governor

603

(E) CONFIDENTIALITY OF REPORTS TO THE COMMISSION.

A REPORT MADE UNDER THIS SECTION IS NOT SUBJECT TO
SUBPOENA OR DISCOVERY IN ANY CIVIL PROCEEDING OTHER THAN A
PROCEEDING ARISING OUT OF A HEARING AND DECISION OF THE
COMMISSION UNDER THIS TITLE.

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

As to subsection (a)(2)(ii) of this section, the
phrase "the nature of the formal accusation
pending when the physician resigned" is added to
reflect the requirement of reporting a voluntary
resignation under subsection (a)(1)(ii) of this
section.

In subsection (b)(1) of this section, reference
to the entry of a "plea of guilty or nolo
contendere" is added to conform to corresponding
provisions in § 14-504(6) of this subtitle.

Regarding the application of subsection (c) of
this section, the Court of Special Appeals
considered present Art. 43, § 130A(a)(3) and (c)
together with present Art. 43, § 130(i) -— which
now appears in § 14-501(g) of this subtitle. The
Court determined that the subpoena powers under
Art. 43, §§ 130A(c) and 130(i) do not apply to
the minutes and notes of a hospital or related
institution that are taken when - determining the
status of the physician's staff privileges. See
Cocco v. Maryland Commission on Medical
Discipline, 39 Md. App. 170 (1978).

(II) PERFORMS ANY OF THE FUNCTIONS
IN SUBSECTION (C) OF THIS SECTION.

LISTED

(3) (I) "PROVIDER OF HEALTH CARE" MEANS ANY
PERSON WHO IS LICENSED BY LAW TO PROVIDE HEALTH CARE TO
INDIVIDUALS.

SUBTITLE 6. MISCELLANEOUS PROVISIONS.
14-601. MEDICAL REVIEW COMMITTEES.
(A) DEFINITIONS.

(1)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "MEDICAL REVIEW COMMITTEE" MEANS A COMMITTEE
OR BOARD THAT:

(I) IS WITHIN ONE OF THE CATEGORIES
DESCRIBED IN SUBSECTION (B) OF THIS SECTION; AND