Maryland Health Occupations Section 7-408

Article - Health Occupations

§ 7-408.

      (a)      In this section, "mortician rehabilitation committee" means a committee that:

            (1)      Is defined in subsection (b) of this section; and

            (2)      Performs any of the functions listed in subsection (d) of this section.

      (b)      For purposes of this section, a mortician rehabilitation committee is a committee of the Board or a committee of any association representing morticians that:

            (1)      Is recognized by the Board; and

            (2)      Includes but is not limited to morticians.

      (c)      A rehabilitation committee of the Board or recognized by the Board may function:

            (1)      Solely for the Board; or

            (2)      Jointly with a rehabilitation committee representing another board or boards.

      (d)      For purposes of this section, a mortician rehabilitation committee evaluates and provides assistance to any mortician, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

      (e)      (1)      Except as otherwise provided in this subsection, the proceedings, records, and files of the mortician rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the mortician rehabilitation committee.

            (2)      Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.

            (3)      For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

      (f)      A person who acts in good faith and within the scope of jurisdiction of a mortician rehabilitation committee is not civilly liable for any action as a member of the mortician rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician rehabilitation committee.



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