(a)(1) In this section the following words have the meanings indicated.
(2) “Dental review committee” means a committee or board that:
(i) Is within one of the categories described in subsection (b) of this section; and
(ii) Performs any of the functions listed in subsection (c) of this section.
(3) “Provider of dental care” means any person who is licensed by law to provide dental care to individuals.
Dental review committees, in general
(b) For purposes of this section, a dental review committee is:
(1) A regulatory board or agency established by State or federal law to license, certify, or discipline any provider of dental care;
(2) A committee of the Maryland State Dental Association or any of its component societies, including a dentist rehabilitation committee as defined in § 4-501.1 of this subtitle;
(3) A committee of the Maryland Dental Society or any of its component societies;
(4) A committee of the Maryland Dental Hygienists' Association, or any of its component societies, including a dental hygienist rehabilitation committee as defined in § 4-508 of this subtitle;
(5) A committee of any professional society or association composed of providers of dental care;
(6) A committee of the medical staff or other committee of a hospital or related institution, if the governing board of the hospital or related institution forms and approves the committee or approves the written bylaws under which the committee operates;
(7) Any person, including a professional standard review organization, that contracts with an agency of this State or of the federal government to perform any of the functions listed in subsection (c) of this section; or
(8) Any person that contracts with a provider of dental care to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the provider of dental care.
Dental review committees, functions
(c) For purposes of this section, a dental review committee:
(1) Evaluates and seeks to improve the quality of dental care provided by providers of dental care;
(2) Evaluates the need for and the level of performance of dental care provided by providers of dental care;
(3) Evaluates the qualifications, competence, and performance of providers of dental care;
(4) Evaluates and acts on matters that relate to the discipline of any provider of dental care; or
(5) Evaluates and provides assistance to any provider of dental care in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
Records not admissable or discoverable
(d) Except as otherwise provided in this section, the proceedings, records, and files of a dental review committee 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 dental review committee.
Exceptions
(e) Subsection (d) of this section does not apply to:
(1) A civil action brought by a party to the proceedings of the dental review committee who claims to be aggrieved by the decision of the dental review committee; or
(2) Any record or document that is considered by the dental review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.
Immunity from civil liability
(f) A person who acts in good faith and within the scope of jurisdiction of a dental review committee is not civilly liable for any action as a member of the dental review committee or for giving information to, participating in, or contributing to the function of the dental review committee.
Credits
Added by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1984, c. 621, § 1, eff. July 1, 1984; Acts 1990, c. 6, § 11, eff. Feb. 16, 1990; Acts 1996, c. 468, § 1, eff. Oct. 1, 1996; Acts 1999, c. 158, § 1, eff. July 1, 1999; Acts 2010, c. 72, § 1, eff. April 13, 2010.
Formerly Art. 32, § 25B.
MD Code, Health Occupations, § 4-501, MD HEALTH OCCUP § 4-501
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.
