Ch. 5

2004 LAWS OF MARYLAND

(F) (1) THE CLERK OF THE COURT SHALL FORWARD TO THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE COPIES OF THE CERTIFICATES FILED UNDER
THIS SECTION.

(2) IN THE CASE OF A COMPLAINT AGAINST A PHYSICIAN, THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL FORWARD TO THE STATE
BOARD OF PHYSICIANS COPIES OF THE SUPPLEMENTAL CERTIFICATE OF A
QUALIFIED EXPERT FILED UNDER THIS SECTION.

3-2A-07A.

(A) (1) AT THE CONCLUSION OF ARBITRATION BY AN ARBITRATION PANEL
OR TRIAL UNDER THIS SUBTITLE, THE PANEL CHAIRMAN OR COURT, ON MOTION OF
A PARTY OR ON ITS OWN MOTION, MAY MAKE A FINDING AS TO WHETHER THE CLAIM
OR ACTION WAS BROUGHT OR MAINTAINED IN BAD FAITH OR WITHOUT
SUBSTANTIAL JUSTIFICATION.

(2) IF THE PANEL CHAIRMAN OR COURT FINDS THAT THE CLAIM OR
ACTION WAS BROUGHT OR MAINTAINED IN BAD FAITH OR WITHOUT SUBSTANTIAL
JUSTIFICATION, THE DIRECTOR OR COURT SHALL REPORT THE FINDING AND THE
NAME OF THE ATTORNEY OR ATTORNEYS FOR THE CLAIMANT OR PLAINTIFF TO THE
ADMINISTRATIVE OFFICE OF THE COURTS.

(B) THE ADMINISTRATIVE OFFICE OF THE COURTS SHALL:

(1) MAINTAIN A RECORD OF THE ATTORNEYS WHOSE NAMES HAVE
BEEN REPORTED UNDER SUBSECTION (A) OF THIS SECTION; AND

(2) PUBLISH ON THE JUDICIARY WEBSITE A LIST CONTAINING THE
NAME OF EACH ATTORNEY WHO HAS BEEN THE SUBJECT OF THREE OR MORE
FINDINGS DESCRIBED IN SUBSECTION (A) OF THIS SECTION WITHIN 5 YEARS.

(C) (1) AN ATTORNEY WHO HAS BEEN THE SUBJECT OF THREE OR MORE
FINDINGS DESCRIBED IN SUBSECTION (A) OF THIS SECTION WITHIN 5 YEARS MAY
NOT BRING AN ACTION UNDER THIS SUBTITLE FOR 10 YEARS.

(2) AN ATTORNEY WHO WILLFULLY VIOLATES PARAGRAPH (1) OF THIS
SUBSECTION IS SUBJECT TO DISCIPLINARY PROCEEDINGS AS PROVIDED IN THE
MARYLAND RULES.

(D) (1) IF AN ACTION IS FILED UNDER THIS SUBTITLE ON OR AFTER
JANUARY 1, 2005, THE COURT SHALL CONSULT WITH THE LIST UNDER SUBSECTION
(B)(2) OF THIS SECTION.

(2) (I) IF THE NAME OF AN ATTORNEY WHO IS COUNSEL FOR THE
PLAINTIFF APPEARS ON THE LIST UNDER SUBSECTION (B)(2) OF THIS SECTION, THE
COURT SHALL STRIKE THE APPEARANCE OF THE ATTORNEY.

(II) WHEN THE APPEARANCE OF AN ATTORNEY IS STRICKEN
UNDER SUBPARAGRAPH (1) OF THIS PARAGRAPH, AND THE PLAINTIFF HAS NO
ATTORNEY OF RECORD AND HAS NOT PROVIDED WRITTEN NOTIFICATION TO
PROCEED IN PROPER PERSON, IF A NEW ATTORNEY HAS NOT ENTERED AN

- 48 -