HARRY HUGHES, Governor

605

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
PROCEEDINGS, RECORDS, AND FILES OF A MEDICAL REVIEW
COMMITTEE ARE NOT DISCOVERABLE AND ARE NOT ADMISSIBLE IN
EVIDENCE IN ANY CIVIL ACTION ARISING OUT OF MATTERS THAT ARE
BEING REVIEWED AND EVALUATED BY THE MEDICAL REVIEW
COMMITTEE.

(E)  SAME -- EXCEPTIONS.

SUBSECTION (D) OF THIS SECTION DOES NOT APPLY TO:

(1)  A CIVIL ACTION BROUGHT BY A PARTY TO THE
PROCEEDINGS OF THE MEDICAL REVIEW COMMITTEE WHO CLAIMS TO BE
AGGRIEVED BY THE DECISION OF THE MEDICAL REVIEW COMMITTEE;
OR

(2)  ANY RECORD OR DOCUMENT THAT IS CONSIDERED BY
THE MEDICAL REVIEW COMMITTEE AND THAT OTHERWISE WOULD BE
SUBJECT TO DISCOVERY AND INTRODUCTION INTO EVIDENCE IN A
CIVIL TRIAL.

(F)  IMMUNITY FROM CIVIL LIABILITY.

A PERSON WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE OF
JURISDICTION OF A MEDICAL REVIEW COMMITTEE IS NOT CIVILLY
LIABLE FOR ANY ACTION AS A MEMBER OF THE MEDICAL REVIEW
COMMITTEE OR FOR GIVING INFORMATION TO, PARTICIPATING IN, OR
CONTRIBUTING TO THE FUNCTION OF THE MEDICAL REVIEW
COMMITTEE.

(G)  INAPPLICABILITY TO COMMISSION AND CERTAIN
INVESTIGATORY BODIES.

NOTWITHSTANDING THIS SECTION, §§ 14-510 AND 14-511 OF
THIS TITLE APPLY TO:

(1)  THE COMMISSION; AND

(2)  ANY OTHER ENTITY, TO THE EXTENT THAT IT IS
ACTING IN AN INVESTIGATORY CAPACITY FOR THE COMMISSION.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, § 134A.

The Commission to Revise the Annotated Code calls
to the attention of the General Assembly that
present Art. 43, § 134A(d) states in its first
sentence that certain documents are privileged
from discovery and admission into evidence and
then in its third sentence provides for an
exception that seemingly is as broad as the
privilege. The revised language in this section
closely follows the present law. However, the
Commission believes that present Art. 43, §
134A(d), and, in turn, this section, may not
state the intent of the General Assembly.