512

LAWS OF MARYLAND

Ch. 21

derived without substantive change from the fifth
sentence of former Article 16, § 49 and revised
to apply to all commitments under this section.
There appeared to be no intent to authorize
commitment by a district court judge without the
consultation required of a circuit court judge.

The provisions of former Article 16, § 49 and CJ
§ 4-305 that related to chronic alcoholics now
appear in § 8-510 of this article.

Defined terms: "Department" § 1-101

"Drug addiction" § 9-101 "Secretary" § 1-101

SUBTITLE 8. MISCELLANEOUS PROVISIONS.

9-801. LIABILITY OF PUBLIC OFFICERS.

ANY PERSON WHO IS CHARGED WITH PERFORMING OR WHO
PERFORMS ANY ACT OR DUTY UNDER THIS TITLE HAS THE SAME
IMMUNITY FROM LIABILITY AS A PUBLIC OFFICIAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43B, § 20.

The former enumeration "any member or employee of
the Authority ... State's attorney" is deleted as
unnecessary in light of the use of the defined
term "person".

Defined term: "Person" § 1-101

9-802. PRIVILEGED INFORMATION.

(A)  STATEMENTS OF ABUSER; OBSERVATIONS AND CONCLUSIONS
OF COUNSELOR.

IF AN INDIVIDUAL SEEKS COUNSELING, TREATMENT, OR
THERAPY, FOR ANY FORM OF DRUG ABUSE, FROM A PHYSICIAN,
PSYCHOLOGIST, OR HOSPITAL, OR A PERSON WHO IS CERTIFIED BY
THE ADMINISTRATION FOR COUNSELING OR TREATING DRUG ABUSE,
THE ORAL OR WRITTEN STATEMENTS THAT THE INDIVIDUAL MAKES AND
THE OBSERVATIONS AND CONCLUSIONS THAT THE PHYSICIAN,
PSYCHOLOGIST, HOSPITAL, OR OTHER PERSON DERIVES ARE NOT
ADMISSIBLE AGAINST THE INDIVIDUAL IN ANY PROCEEDING.

(B)  RESULTS OF EXAMINATION.

THE RESULTS OF AN EXAMINATION TO DETERMINE THE
EXISTENCE OF AN ILLEGAL OR PROHIBITED DRUG IN THE BODY OF AN
INDIVIDUAL ARE NOT ADMISSIBLE IN ANY PROCEEDING AGAINST THE
INDIVIDUAL, OTHER THAN:

(1) A PROCEEDING THAT RELATES TO PAROLE OR