WILLIAM DONALD SCHAEFER, Governor Ch. 332

(4) Evaluates and acts on matters that relate to the
discipline of any provider of health care.

(d)  (1) 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.

(2) The proceedings, records, and files of a medical
review committee requested by the Department of Health and Mental
Hygiene to ensure compliance with the provisions of § 19-319 of
the Health - General Article ARE CONFIDENTIAL AND 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)  Subsection (d)(1) 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)  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)  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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 17, 1988.

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