WILLIAM DONALD SCHAEFER, Governor                        H.B. 1297

5-120.

(A)     A PRIVILEGE APPLICABLE TO COMMUNICATIONS BETWEEN AN
INDIVIDUAL RENDERING PROFESSIONAL SERVICES AND THE PERSON RECEIVING
THE SERVICES RECOGNIZED UNDER THE LAW OF THIS STATE IS NOT AFFECTED BY
THIS SUBTITLE.

(B)      THE PRIVILEGE UNDER THIS SECTION APPLIES TO A DOMESTIC OR
FOREIGN PROFESSIONAL CORPORATION AND TO ITS EMPLOYEES IN ALL
SITUATIONS IN WHICH IT APPLIES TO COMMUNICATIONS BETWEEN AN INDIVIDUAL
RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE CORPORATION AND THE
PERSON RECEIVING THE SERVICES.

5-121.

(A)     (1) AN INDIVIDUAL WHO RENDERS A PROFESSIONAL SERVICE IN THIS
STATE AS AN EMPLOYEE OF A DOMESTIC OR FOREIGN PROFESSIONAL
CORPORATION IS LIABLE FOR A NEGLIGENT OR WRONGFUL ACT OR OMISSION IN
WHICH THE INDIVIDUAL PERSONALLY PARTICIPATED TO THE SAME EXTENT AS IF
THE INDIVIDUAL RENDERED THE SERVICE AS A SOLE PRACTITIONER.

(2) AN EMPLOYEE OF A DOMESTIC OR FOREIGN PROFESSIONAL
CORPORATION IS NOT LIABLE FOR A NEGLIGENT OR WRONGFUL ACT OR OMISSION
OF ANOTHER EMPLOYEE OF THE CORPORATION UNLESS THE EMPLOYEE IS
NEGLIGENT IN APPOINTING, SUPERVISING, OR COOPERATING WITH THE OTHER
EMPLOYEE.

(B)      A DOMESTIC OR FOREIGN PROFESSIONAL CORPORATION WHOSE
EMPLOYEES PERFORM PROFESSIONAL SERVICES WITHIN THE SCOPE OF THEIR
EMPLOYMENT OR WITHIN THE SCOPE OF THE EMPLOYEES' APPARENT AUTHORITY
TO ACT FOR THE CORPORATION, IS LIABLE TO THE SAME EXTENT AS ITS
EMPLOYEES.

(C)      THE PERSONAL LIABILITY OF A STOCKHOLDER OF A DOMESTIC OR
FOREIGN PROFESSIONAL CORPORATION IS NO GREATER IN ANY RESPECT THAN
THE LIABILITY OF A STOCKHOLDER OF A CORPORATION INCORPORATED UNDER
THE MARYLAND GENERAL CORPORATION LAW.

5-122.

(A)     IF ALL THE STOCKHOLDERS OF MERGING CORPORATIONS ARE
QUALIFIED TO BE STOCKHOLDERS OF THE SURVIVING CORPORATION, A
PROFESSIONAL CORPORATION MAY MERGE WITH ANOTHER DOMESTIC OR
FOREIGN PROFESSIONAL CORPORATION OR WITH A DOMESTIC OR FOREIGN
BUSINESS CORPORATION.

(B)      IF THE SURVIVING CORPORATION IS TO RENDER PROFESSIONAL
SERVICES IN THIS STATE, IT MUST COMPLY WITH THE PROVISIONS OF THIS
SUBTITLE.

5-123.

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