In this subtitle the following words have the meanings indicated. “Forensic analysis” means a medical, chemical, toxicologic, firearms, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal act. “Forensic analysis” includes an examination or test required by a law enforcement agency, prosecutor, criminal suspect or defendant, or court. “Forensic analysis” does not include: A test of a specimen of breath or blood to determine alcohol concentration or controlled dangerous substance content; Forensic information technology; A presumptive test performed at a crime scene; A presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a county department of corrections or the State Department of Public Safety and Correctional Services; or An expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or any other purpose unrelated to determining the connection of physical evidence to a criminal act. “Forensic information technology” means digital or electronic evidence that is stored or transmitted electronically. “Forensic laboratory” means a facility, entity, or site that offers or performs forensic analysis. “Forensic laboratory” includes a laboratory owned or operated by the State, a county or municipal corporation in the State, or another governmental entity. “Forensic laboratory” does not include: A forensic laboratory operated by the federal government; or A laboratory licensed or certified by the Department of Agriculture. “License” means a permit, letter of exception, certificate, or other document issued by the Secretary granting approval or authority to offer or perform forensic laboratory tests, examinations, or analyses in the State. “Limited forensic analysis” means a forensic laboratory test or analysis defined in regulations adopted by the Secretary. “Physical evidence” means any object, thing, or substance relating to a criminal act.

The Secretary shall adopt regulations that set standards and requirements for forensic laboratories. The regulations shall contain the standards and requirements that the Secretary considers necessary to assure the citizens of the State that forensic laboratories provide safe, reliable, and accurate services. The regulations shall: Require the director of a forensic laboratory to establish and administer an ongoing quality assurance program using standards acceptable to the Secretary; Require the director of a forensic laboratory to retain all case files for at least 10 years; Establish qualifications for the personnel of forensic laboratories; Establish procedures for verifying the background and education of the personnel of forensic laboratories; and Establish any additional standards that the Secretary considers necessary to assure that forensic laboratories provide accurate and reliable services. A forensic laboratory that examines or analyzes physical evidence shall demonstrate satisfactory performance in an approved proficiency testing program specifically related to the particular forensic analysis being performed. The Secretary shall adopt regulations for the forensic proficiency testing program that: Define satisfactory proficiency testing performance; and Set standards and requirements that a forensic proficiency testing program shall meet. The Department shall review a forensic laboratory’s proficiency testing program. To assure compliance with the standards and requirements under this subtitle, the Secretary shall conduct: An inspection of each forensic laboratory for which a license to operate is sought; and An inspection of each forensic laboratory for which a license has been issued. To assure compliance with the standards and requirements under this subtitle, the Secretary may conduct: A complaint investigation; and A validation survey of an accredited forensic laboratory.

Forensic laboratory deficiency statements and plans of correction are public documents. A forensic laboratory shall make discrepancy logs, contamination records, and test results available to the public within 30 days of a written request. Except as provided in subsection (a) of this section, the proceedings, records, and files of an organization or State agency responsible for assuring compliance with this subtitle shall be confidential and not discoverable or admissible in evidence in a civil or criminal action.

After December 31, 2011, a forensic laboratory shall hold a license issued by the Secretary before the forensic laboratory may offer or perform forensic analysis in the State. The Secretary shall issue a letter of exception to a laboratory that: Performs only limited forensic analysis; and Meets the exception requirements in regulations adopted by the Secretary. The Secretary may grant an out–of–state forensic laboratory a waiver from the licensure requirements of this subtitle with conditions.

To qualify for a license, an applicant shall provide evidence to satisfy the Secretary that the forensic laboratory and its personnel meet the standards and requirements of this subtitle.

An applicant for a license shall submit an application to the Secretary on the form that the Secretary requires. An application for a license to operate a forensic laboratory shall include: The name of the operator or owner; The tests or examinations that the forensic laboratory would provide; and Any other information that the Secretary requires.

The Secretary shall issue a license to an applicant that meets the standards and requirements of this subtitle. A forensic laboratory license shall include the name of the: Forensic laboratory; Laboratory director; and Operator or owner of the laboratory. A forensic laboratory license shall designate the tests, examinations, or analyses that may be offered or performed by the laboratory. A forensic laboratory may not operate in a manner not designated by the license issued under this subtitle. A forensic laboratory license issued by the Secretary under this subtitle is not transferable.

The Secretary may deny a license to an applicant or suspend, revoke, or limit a license or the authority of a licensee to offer or perform tests that a license sets forth, if the forensic laboratory or its director or other personnel fail to meet the standards and requirements of this subtitle. If the Secretary finds that a forensic laboratory licensed under this subtitle no longer meets the standards and requirements of this subtitle, the Secretary may: Revoke the license of the forensic laboratory; or Suspend the license of the forensic laboratory. If a deficiency exists, the Secretary may: Impose a directed plan of correction; Regularly inspect the forensic laboratory to assure compliance with the directed plan of correction; or Limit the testing authorized by the license. If the Secretary finds that a forensic laboratory provided erroneous or questionable test results, the Secretary may order the laboratory to provide written notification to: The person or agency that ordered the tests; The Office of the Public Defender or counsel of record; and The State’s Attorney. A State’s Attorney who receives notification from a laboratory under subsection (c) of this section shall notify the victim of the criminal act or the victim’s representative of the erroneous or questionable test results. A forensic laboratory that fails to comply with an order issued by the Secretary under subsection (c) of this section is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the Secretary’s order, not to exceed a maximum penalty of $50,000. Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends, or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.

In this section, “discriminate or retaliate” includes: Failing to promote an individual or to provide another employment–related benefit for which the individual would otherwise be eligible; Making an adverse evaluation or decision in relation to accreditation, certification, credentialing, or licensing of the individual; or Taking a personnel action that is adverse to the individual concerned. An employee who works in a forensic laboratory may disclose information to the Secretary that the employee believes evidences a violation of standards and requirements for forensic laboratories in the State. A forensic laboratory may not discriminate or retaliate against an employee because the employee: Discloses information under subsection (b) of this section; or Has agreed to cooperate with an investigation of the forensic laboratory. The Secretary shall develop, through regulation, a document that informs the employees of a forensic laboratory of the procedures to report instances of noncompliance or other violations of the standards and requirements for forensic laboratories in the State. The Secretary shall distribute the document developed under paragraph (1) of this subsection to forensic laboratories in the State. A forensic laboratory shall post the document developed under subsection (d) of this section in a conspicuous place. An employee of a forensic laboratory who has been discriminated or retaliated against in violation of subsection (c) of this section may initiate an action and, on prevailing, shall be entitled to: Reinstatement; Reimbursement for lost wages; Work benefits lost as a result of the unlawful acts of the employing laboratory; and Reasonable attorney’s fees and costs associated with pursuing the action. No action may be brought under this subsection more than 2 years after the discrimination or retaliation that is the basis for the action.

A person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to: A fine not exceeding $100 for the first offense; and A fine not exceeding $500 for each subsequent conviction for a violation of the same provision. Each day on which a violation occurs is a separate violation under this section.

The Governor shall establish a Forensic Laboratory Advisory Committee to advise the Secretary on matters relating to the implementation of the provisions of this subtitle. The Advisory Committee shall consist of the following 10 members: The Director of the Laboratories Administration in the Department, or the Director’s designee; The Director of the Office of Health Care Quality in the Department, or the Director’s designee; and The following members, appointed by the Governor: One from the American Society for Clinical Laboratory Science; One from the University of Maryland School of Medicine, Department of Medical Research and Technology; One from the American Association for Laboratory Accreditation; One from the American Academy of Forensic Sciences; One from the ANSI–ASQ National Accreditation Board; and Three directors of forensic laboratories in the State, including: One from a forensic laboratory operated by the State; One from a forensic laboratory operated by a county; and One from a forensic laboratory operated by a municipal corporation. The term of an appointed member is 3 years. The terms of appointed members are staggered as required by the terms provided for appointed members of the Advisory Committee on October 1, 2007. The Governor shall designate the chair of the Advisory Committee. A majority of the members serving on the Advisory Committee represents a quorum to conduct business. A member of the Advisory Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Department shall provide staff for the Advisory Committee.