Home Table of Contents

§ 5-803. School nurses, school health aides, or members of a school’s administrative, education...

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: March 22, 2007

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 8. Immunities and Prohibited Actions--Miscellaneous (Refs & Annos)
Effective: March 22, 2007
MD Code, Courts and Judicial Proceedings, § 5-803
§ 5-803. School nurses, school health aides, or members of a school’s administrative, educational, or support staff
In general
(a)(1) Whether or not an individual receives compensation for the individual's services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:
(i) Making a report required by law, if the individual acts on reasonable grounds;
(ii) Participating in a judicial proceeding that results from the individual's report; and
(iii) Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:
1. Under the influence of alcoholic beverages or a controlled dangerous substance;
2. In possession of alcoholic beverages or a controlled dangerous substance; or
3. Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.
(2) Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.
County superintendents or employees of county school system
(b) A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:
(1) In the performance of duties;
(2) Within the scope of employment; and
(3) Without malice.

Credits

Added as Courts and Judicial Proceedings § 5-354 by Acts 1990, c. 546, § 3. Amended by Acts 1996, c. 476, § 1, eff. Oct. 1, 1996. Renumbered as Courts and Judicial Proceedings § 5-803 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2007, c. 5, § 1, eff. March 22, 2007.
MD Code, Courts and Judicial Proceedings, § 5-803, MD CTS & JUD PRO § 5-803
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document