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Ch. 322
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2002 LAWS OF MARYLAND
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(2) PROVIDES INFORMATION TO OR TESTIFIES BEFORE A PRIVATE
ACCREDITATION ORGANIZATION OR A PUBLIC BODY CONDUCTING AN
INVESTIGATION, HEARING, OR INQUIRY REGARDING AN ALLEGED ACTIVITY, POLICY,
OR PRACTICE THAT THE NURSE REASONABLY BELIEVES TO BE IN VIOLATION OF A
LAW, REGULATION, OR PROFESSIONAL STANDARD OF PRACTICE AND THAT THE
NURSE REASONABLY BELIEVES POSES A RISK TO THE HEALTH, SAFETY, OR WELFARE
OF A PATIENT OR THE PUBLIC;
(3) OBJECTS TO OR REFUSES TO PARTICIPATE IN ANY ACTIVITY, POLICY,
OR PRACTICE OF A HEALTH FACILITY THAT THE NURSE REASONABLY BELIEVES IS IN VIOLATION
OF A LAW, RULE, OR PROFESSIONAL STANDARD OF PRACTICE AND THAT
THE NURSE REASONABLY BELIEVES POSES A RISK TO THE HEALTH, SAFETY, OR
WELFARE OF A PATIENT OR THE PUBLIC; OR
(4) PARTICIPATES IN A COMMITTEE OR PEER REVIEW PROCESS OR
FILES A REPORT OR A COMPLAINT THAT DISCUSSES ALLEGATIONS OF UNSAFE,
DANGEROUS, OR POTENTIALLY DANGEROUS CARE.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
PROTECTION AGAINST RETRIBUTION UNDER SUBSECTION (A) OF THIS SECTION
DOES NOT APPLY TO A NURSE, UNLESS THE NURSE, BEFORE MAKING A DISCLOSURE
TO A PRIVATE ACCREDITATION ORGANIZATION OR A PUBLIC BODY AS DESCRIBED IN
SUBSECTION (A)(1) OF THIS SECTION.
(1) GIVES WRITTEN NOTICE TO THE ADMINISTRATION OF THE HEALTH
FACILITY OF THE ACTIVITY, POLICY, PRACTICE, OR VIOLATION OF PROFESSIONAL
STANDARDS OF PRACTICE THAT THE NURSE REASONABLY BELIEVES POSES A RISK
TO PUBLIC HEALTH; AND
(2) PROVIDES THE ADMINISTRATION A REASONABLE OPPORTUNITY TO
CORRECT THE ACTIVITY, POLICY, PRACTICE, OR VIOLATION IN ACCORDANCE WITH
THE STANDARDS OF THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE
ORGANIZATIONS.
(C) A NURSE IS NOT REQUIRED TO COMPLY WITH THE PROVISIONS OF
SUBSECTION (B) OF THIS SECTION IF AN EMERGENCY SITUATION EXISTS AND THE
NURSE;
(1) (I) REASONABLY BELIEVES THAT THE ACTIVITY, POLICY,
PRACTICE, OR VIOLATION IS KNOWN TO ONE OR MORE MANAGERS OF THE HEALTH
FACILITY OR AN AFFILIATED FACILITY] AND AN EMERGENCY SITUATION EXISTS;
(2) (II) MAKES THE DISCLOSURE DISCLOSES THE ACTIVITY, POLICY,
PRACTICE, OR VIOLATION TO A PRIVATE ACCREDITATION ORGANIZATION OR A
PUBLIC BODY FOR THE PURPOSE OF PROVIDING EVIDENCE OF AN ACTIVITY, POLICY,
PRACTICE, OR VIOLATION THAT THE NURSE REASONABLY BELIEVES IS A CRIME; OR
(2) COMPLIES WITH § 8-505 OF THIS TITLE.
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- 2810 -
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