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2002 LAWS OF MARYLAND
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Ch. 504
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Annotated Code of Maryland
(2000 Replacement Volume and 2001 Supplement)
BY repealing and reenacting, with amendments,
Article—State Personnel and Pensions
Section 5-301
Annotated Code of Maryland
(1997 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health Occupations
SUBTITLE 4. HEALTH CARE WORKER WHISTLEBLOWER PROTECTION ACT.
1-401.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "BOARD" MEANS ANY BOARD ESTABLISHED UNDER THIS ARTICLE.
(C) (1) "EMPLOYEE" MEANS ANY INDIVIDUAL LICENSED OR CERTIFIED BY A
BOARD UNDER THIS ARTICLE WHO PERFORMS SERVICES FOR AND UNDER THE
CONTROL AND DIRECTION OF AN EMPLOYER FOR WAGES OR OTHER
REMUNERATION.
(2) "EMPLOYEE" DOES NOT INCLUDE A STATE EMPLOYEE.
"RETALIATORY PERSONNEL ACTION" MEANS THE DISCHARGE,
SUSPENSION, OR DEMOTION OF AN EMPLOYEE, OR AN ACTION AFFECTING
COMPENSATION, APPOINTMENT, PROMOTION, TRANSFER, ASSIGNMENT,
REASSIGNMENT, REINSTATEMENT, OR EVALUATION OF PERFORMANCE OF AN
EMPLOYEE.
(E) (D) "SUPERVISOR" MEANS ANY INDIVIDUAL WITHIN AN EMPLOYER'S
ORGANIZATION WHO HAS THE AUTHORITY TO DIRECT AND CONTROL THE WORK
PERFORMANCE OF AN EMPLOYEE, OR WHO HAS MANAGERIAL AUTHORITY TO TAKE
CORRECTIVE ACTION REGARDING THE VIOLATION OF A LAW, RULE, OR REGULATION
OF WHICH THE EMPLOYEE COMPLAINS.
1-402.
SUBJECT TO § 1-403 OF THIS SUBTITLE, AN EMPLOYER MAY NOT RETALIATE OR
DISCRIMINATE IN ANY MANNER TAKE OR REFUSE TO TAKE ANY PERSONNEL ACTION
AS REPRISAL AGAINST AN EMPLOYEE BECAUSE THE EMPLOYEE:
(1) DISCLOSES OR THREATENS TO DISCLOSE TO A SUPERVISOR OR
BOARD AN ACTIVITY, POLICY, OR PRACTICE OF THE EMPLOYER THAT IS IN VIOLATION
OF A LAW, RULE, OR REGULATION;
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