# Health Occupations (GHO)

## Title 1. Definitions; General Provisions

### Subtitle 5. Health Care Worker Whistleblower Protection Act

#### Section 1-501

(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.

(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.

#### Section 1-502

Subject to Sec. 1-503 of this subtitle, an employer may not 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;

(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by the employer; or

(3) Objects to or refuses to participate in any activity, policy, or practice in violation of a law, rule, or regulation.

#### Section 1-503

The protection provided against a violation of Sec. 1-502 of this subtitle shall only apply if:

(1) The employee has a reasonable, good faith belief that the employer has, or still is, engaged in an activity, policy, or practice that is in violation of a law, rule, or regulation;

(2) The employer's activity, policy, or practice that is the subject of the employee's disclosure poses a substantial and specific danger to the public health or safety; and

(3) Before reporting to the board:

  (i) The employee has reported the activity, policy, or practice to a supervisor or administrator of the employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice; or

  (ii) If the employer has a corporate compliance plan specifying who to notify of an alleged violation of a rule, law, or regulation, the employee has followed the plan.

#### Section 1-504

(a) Any employee who is subject to a personnel action in violation of Sec. 1-502 of this subtitle may institute a civil action in the county where:

  (1) The alleged violation occurred;

  (2) The employee resides; or

  (3) The employer maintains its principal offices in the State.

(b) The action shall be brought within 1 year after the alleged violation of Sec. 1-502 of this subtitle occurred, or within 1 year after the employee first became aware of the alleged violation of Sec. 1-502 of this subtitle.

#### Section 1-505

In any action brought under this subtitle, a court may:

(1) Issue an injunction to restrain continued violation of this subtitle;

(2) Reinstate the employee to the same, or an equivalent position held before the violation of Sec. 1-502 of this subtitle;

(3) Remove any adverse personnel record entries based on or related to the violation of Sec. 1-502 of this subtitle;

(4) Reinstate full fringe benefits and seniority rights;

(5) Require compensation for lost wages, benefits, and other remuneration; and

(6) Assess reasonable attorney's fees and other litigation expenses against:

  (i) The employer, if the employee prevails; or

  (ii) The employee, if the court determines that the action was brought by the employee in bad faith and without basis in law or fact.

#### Section 1-506

In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the employee's exercise of any rights protected under this subtitle.

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Md. Code Ann., Health Occ. (as displayed at mgaleg.maryland.gov, October 16, 2026)