Ch. 634

LAWS OF MARYLAND

CHAPTER 634

(House Bill 50)

AN ACT concerning                                                                               

Mental Health Care Providers - Limits on Liability

FOR the purpose of providing that no cause of action or
disciplinary action may arise against certain mental health
care providers or certain administrators of certain
facilities for failing to take certain actions to provide
protection from a patient's violent behavior; providing a
certain exception; providing specific methods by which
certain mental health care providers or administrators of
certain facilities may discharge a certain duty; providing
that no cause of action or disciplinary action may arise
against certain mental health care providers or
administrators of certain facilities for certain actions to
discharge a duty under this Act; defining certain terms;
providing for the construction and application of this Act;
and generally relating to limiting the civil liability of
certain mental health care providers and administrators of
certain facilities.

BY adding to

Article - Courts and Judicial Proceedings

Section 5-315

Annotated Code of Maryland

(1984 Replacement Volume and 1988 Supplement)

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

Article - Courts and Judicial Proceedings

5-315.

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

(2)   "MENTAL HEALTH CARE PROVIDER" MEANS A MENTAL
HEALTH CARE PROVIDER LICENSEE UNDER THE HEALTH OCCUPATIONS
ARTICLE.----------------------------------------------------------

(3)   "ADMINISTRATOR" MEANS AN ADMINISTRATOR OF A
FACILITY AS DEFINED IN § 10-101 OF THE HEALTH - GENERAL ARTICLE.

(A) (B) A CAUSE OF ACTION OR DISCIPLINARY ACTION MAY NOT
ARISE AGAINST ANY MENTAL HEALTH CARE PROVIDER LICENSED UNDER THE
HEALTH OCCUPATIONS ARTICLE OR ANY ADMINISTRATOR OF A FACILITY AS

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