Maryland Health Occupations Section 17-317

Article - Health Occupations

§ 17-317.

      (a)      In this section, "professional counselor 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 professional counselor rehabilitation committee is a committee of the Board or a committee of any association or associations representing professional counselors that:

            (1)      Is recognized by the Board; and

            (2)      Includes but is not limited to professional counselors.

      (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 professional counselor rehabilitation committee evaluates and provides assistance to any professional counselor, 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 professional counselor rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the professional counselor rehabilitation committee.

            (2)      Paragraph (1) of this subsection does not apply to any record or document that is considered by the professional counselor 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 professional counselor rehabilitation committee is not civilly liable for any action as a member of the professional counselor rehabilitation committee or for giving information to, participating in, or contributing to the function of the professional counselor rehabilitation committee.



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