§ 7–412
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health Occ. § 7-412 (2026)
Title 7. Morticians and Funeral Directors
Subtitle 4
§ 7–412LinkCopy Citation
(a)
This section does not apply to:
(1)
A civil action brought by a party to the proceedings of the Board who claims to be aggrieved by the decision of the Board; or
(2)
Any record or document that is considered by the Board and that otherwise would be subject to discovery and introduction into evidence in a civil trial.
(b)
(1)
Except as provided in subsection (a) of this section, the proceedings, records, and files of the Board are not discoverable and are not admissible in evidence in any civil action.
(2)
The proceedings, records, and files of the Board are confidential and are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the Board if requested by the following:
(i)
The Department to ensure compliance with the provisions of § 19–319 of the Health – General Article;
(ii)
A health maintenance organization to ensure compliance with the provisions of Title 19, Subtitle 7 of the Health – General Article and applicable regulations;
(iii)
A health maintenance organization to ensure compliance with the National Committee for Quality Assurance (NCQA) credentialing requirements; or
(iv)
An accrediting organization to ensure compliance with accreditation requirements or the procedures and policies of the accrediting organization.
(3)
If the proceedings, records, and files of the Board are requested by any person from any of the entities in paragraph (2) of this subsection:
(i)
The person shall give the Board notice by certified mail of the nature of the request and the Board shall be granted a protective order preventing the release of its proceedings, records, and files; and
(ii)
The entities listed in paragraph (2) of this subsection may not release any of the proceedings, records, and files of the Board.
(c)
(1)
A person shall have the immunity from liability described under § 5–637 of the Courts Article for any action as a member of the Board or for giving information to, participating in, or contributing to the function of the Board.
(2)
A contribution to the function of the Board includes any statement by any person, regardless of whether it is a direct communication with the Board, that is made within the context of the person’s employment or is made to a person with a professional interest in the functions of a medical review committee and is intended to lead to redress of a matter within the scope of the Board’s functions.