WILLIAM DONALD SCHAEFER, Governor Ch. 344

providing that suits brought under State law, the State
shall be governed by the Maryland Dentistry Act.

BY adding to

Article - Health Occupations

Section 4-501.1

Annotated Code of Maryland

(1986 Replacement Volume and 1988 Supplement)

Preamble

WHEREAS, Congress enacted the Health Care Quality
Improvement Act of 1986 (The Act) to provide protection from
liability for damages under federal and State law to dental
review bodies and to individuals participating in professional
peer review activities; and

WHEREAS, The State has the option of "opting out" of the Act
with respect to the application of the Act's provisions providing
limitations on damages for suits brought under State law on or
after October 14, 1989; and

WHEREAS, In order to opt out the State must do so by
legislation; and

WHEREAS, If the State does not opt out, the damage
limitation provisions of the Act will apply to suits brought
under State law on or after October 14, 1989; and

WHEREAS, The Maryland Dentistry Act provides greater
immunity protection for actions brought under State law; now,
therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health Occupations

4-501.1.

(A)  IN ACCORDANCE WITH THE FEDERAL HEALTH CARE QUALITY
IMPROVEMENT ACT OF 1986, THE STATE ELECTS NOT TO BE GOVERNED BY
THE PROVISIONS OF THE ACT THAT PROVIDE LIMITATIONS ON DAMAGES FOR
SUITS BROUGHT UNDER STATE LAW AGAINST DENTAL REVIEW BODIES AND TO
INDIVIDUALS PARTICIPATING IN PROFESSIONAL PEER REVIEW ACTIVITIES.

(B)  FOR SUITS BROUGHT UNDER STATE LAW, THE STATE SHALL BE
GOVERNED BY THIS TITLE.

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