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§ 17-2A-10. Employees involved in investigation of forensic laboratories

West's Annotated Code of MarylandHealth--GeneralEffective: April 8, 2008

West's Annotated Code of Maryland
Health--General
Title 17. Laboratories (Refs & Annos)
Subtitle 2a. Forensic Laboratories (Refs & Annos)
Effective: April 8, 2008
MD Code, Health - General, § 17-2A-10
§ 17-2A-10. Employees involved in investigation of forensic laboratories
Currentness
Discriminate or retaliate defined
(a) In this section, “discriminate or retaliate” includes:
(1) Failing to promote an individual or to provide another employment-related benefit for which the individual would otherwise be eligible;
(2) Making an adverse evaluation or decision in relation to accreditation, certification, credentialing, or licensing of the individual; or
(3) Taking a personnel action that is adverse to the individual concerned.
Violation of standards and requirements
(b) 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.
Actions protected
(c) A forensic laboratory may not discriminate or retaliate against an employee because the employee:
(1) Discloses information under subsection (b) of this section; or
(2) Has agreed to cooperate with an investigation of the forensic laboratory.
Regulations
(d)(1) 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.
(2) The Secretary shall distribute the document developed under paragraph (1) of this subsection to forensic laboratories in the State.
Posting of regulation document
(e) A forensic laboratory shall post the document developed under subsection (d) of this section in a conspicuous place.
Damages
(f) 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:
(1) Reinstatement;
(2) Reimbursement for lost wages;
(3) Work benefits lost as a result of the unlawful acts of the employing laboratory; and
(4) Reasonable attorney's fees and costs associated with pursuing the action.
Limitations
(g) No action may be brought under this subsection more than 2 years after the discrimination or retaliation that is the basis for the action.

Credits

Added by Acts 2007, c. 147, § 1, eff. Oct. 1, 2007. Amended by Acts 2008, c. 37, § 1, eff. April 8, 2008.
MD Code, Health - General, § 17-2A-10, MD HEALTH GEN § 17-2A-10
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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