Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 80 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 80 | |
5 | - | (House Bill 48) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0048* | |
8 | 9 | ||
9 | - | Public Health – Maryland Suicide Fatality Review Committee | |
10 | + | HOUSE BILL 48 | |
11 | + | J1 2lr1289 | |
12 | + | HB 209/21 – HGO (PRE–FILED) CF SB 94 | |
13 | + | By: Delegate Belcastro | |
14 | + | Requested: November 1, 2021 | |
15 | + | Introduced and read first time: January 12, 2022 | |
16 | + | Assigned to: Health and Government Operations | |
17 | + | Committee Report: Favorable | |
18 | + | House action: Adopted | |
19 | + | Read second time: February 25, 2022 | |
10 | 20 | ||
11 | - | FOR the purpose of establishing the Maryland Suicide Fatality Review Committee; | |
12 | - | providing that a person has immunity from liability for certain actions related to the | |
13 | - | Committee; providing for the sharing of information with and confidentiality of | |
14 | - | information obtained by the Committee; exempting Committee meetings from the | |
15 | - | Open Meetings Act; prohibiting certain persons from testifying in any proceeding | |
16 | - | about details of a Committee meeting; and generally relating to the Maryland | |
17 | - | Suicide Fatality Review Committee. | |
21 | + | CHAPTER ______ | |
18 | 22 | ||
19 | - | BY repealing and reenacting, without amendments, | |
20 | - | Article – Courts and Judicial Proceedings | |
21 | - | Section 5–637 | |
22 | - | Annotated Code of Maryland | |
23 | - | (2020 Replacement Volume and 2021 Supplement) | |
23 | + | AN ACT concerning 1 | |
24 | 24 | ||
25 | - | BY adding to | |
26 | - | Article – Health – General | |
27 | - | Section 5–1001 through 5–1009 to be under the new subtitle “Subtitle 10. Maryland | |
28 | - | Suicide Fatality Review Committee” | |
29 | - | Annotated Code of Maryland | |
30 | - | (2019 Replacement Volume and 2021 Supplement) | |
25 | + | Public Health – Maryland Suicide Fatality Review Committee 2 | |
31 | 26 | ||
32 | - | BY repealing and reenacting, without amendments, | |
33 | - | Article – Health Occupations | |
34 | - | Section 1–401(a)(1) and (3), (b), and (c) | |
35 | - | Annotated Code of Maryland | |
36 | - | (2021 Replacement Volume) | |
27 | + | FOR the purpose of establishing the Maryland Suicide Fatality Review Committee; 3 | |
28 | + | providing that a person has immunity from liability for certain actions related to the 4 | |
29 | + | Committee; providing for the sharing of information with and confidentiality of 5 | |
30 | + | information obtained by the Committee; exempting Committee meetings from the 6 | |
31 | + | Open Meetings Act; prohibiting certain persons from testifying in any proceeding 7 | |
32 | + | about details of a Committee meeting; and generally relating to the Maryland 8 | |
33 | + | Suicide Fatality Review Committee. 9 | |
37 | 34 | ||
38 | - | Preamble | |
35 | + | BY repealing and reenacting, without amendments, 10 | |
36 | + | Article – Courts and Judicial Proceedings 11 | |
37 | + | Section 5–637 12 | |
38 | + | Annotated Code of Maryland 13 | |
39 | + | (2020 Replacement Volume and 2021 Supplement) 14 | |
39 | 40 | ||
40 | - | WHEREAS, The Maryland Governor’s Commission on Suicide Prevention declared | |
41 | - | that suicide deaths are a serious public health issue and have a tremendous family and | |
42 | - | societal impact; and | |
41 | + | BY adding to 15 | |
42 | + | Article – Health – General 16 | |
43 | + | Section 5–1001 through 5–1009 to be under the new subtitle “Subtitle 10. Maryland 17 | |
44 | + | Suicide Fatality Review Committee” 18 | |
45 | + | Annotated Code of Maryland 19 | |
46 | + | (2019 Replacement Volume and 2021 Supplement) 20 | |
43 | 47 | ||
44 | - | WHEREAS, Veterans account for 18% of all suicide deaths in this State, as reported | |
45 | - | by the National Violent Death Reporting System in 2013–2014; and | |
48 | + | BY repealing and reenacting, without amendments, 21 2 HOUSE BILL 48 | |
46 | 49 | ||
47 | - | WHEREAS, The number of recorded suicide deaths in Maryland increased from 474 | |
48 | - | to 650 between 2000 and 2018, representing a 37% increase; and | |
49 | - | Ch. 80 2022 LAWS OF MARYLAND | |
50 | 50 | ||
51 | - | – 2 – | |
52 | - | WHEREAS, Across all ages, one–half of all persons who die by suicide in this State | |
53 | - | experienced mental health problems; and | |
51 | + | Article – Health Occupations 1 | |
52 | + | Section 1–401(a)(1) and (3), (b), and (c) 2 | |
53 | + | Annotated Code of Maryland 3 | |
54 | + | (2021 Replacement Volume) 4 | |
54 | 55 | ||
55 | - | ||
56 | + | Preamble 5 | |
56 | 57 | ||
57 | - | WHEREAS, More persons die by suicide in this State than die by homicide; and | |
58 | + | WHEREAS, The Maryland Governor’s Commission on Suicide Prevention declared 6 | |
59 | + | that suicide deaths are a serious public health issue and have a tremendous family and 7 | |
60 | + | societal impact; and 8 | |
58 | 61 | ||
59 | - | WHEREAS, Suicide deaths | |
60 | - | ||
62 | + | WHEREAS, Veterans account for 18% of all suicide deaths in this State, as reported 9 | |
63 | + | by the National Violent Death Reporting System in 2013–2014; and 10 | |
61 | 64 | ||
62 | - | WHEREAS, | |
63 | - | ||
65 | + | WHEREAS, The number of recorded suicide deaths in Maryland increased from 474 11 | |
66 | + | to 650 between 2000 and 2018, representing a 37% increase; and 12 | |
64 | 67 | ||
65 | - | WHEREAS, Goal number one in the Maryland Center for Preventive Health | |
66 | - | Services and the Partnership for a Safer Maryland’s Strategic Plan is to expand and refine | |
67 | - | the current surveillance efforts to assess injury risks, inform intervention development, | |
68 | - | and evaluate the impacts of injury prevention initiatives; and | |
68 | + | WHEREAS, Across all ages, one–half of all persons who die by suicide in this State 13 | |
69 | + | experienced mental health problems; and 14 | |
69 | 70 | ||
70 | - | WHEREAS, The U.S. National Strategy for Suicide Prevention, as issued by the U.S. | |
71 | - | Office of the Surgeon General, recommends that suicide deaths be investigated through | |
72 | - | state–based suicide mortality reviews to institute the systemic changes needed to decrease | |
73 | - | suicide mortality; and | |
71 | + | WHEREAS, Every year in this State, an average of 530 persons die by suicide; and 15 | |
74 | 72 | ||
75 | - | WHEREAS, There is a need to establish a statewide program to review suicide | |
76 | - | deaths among persons in this State and to develop strategies for the prevention of suicide | |
77 | - | deaths in this State; now, therefore, | |
73 | + | WHEREAS, More persons die by suicide in this State than die by homicide; and 16 | |
78 | 74 | ||
79 | - | | |
80 | - | ||
75 | + | WHEREAS, Suicide deaths are significantly underestimated and inadequately 17 | |
76 | + | documented, thus preventing efforts to identify and reduce or eliminate such deaths; and 18 | |
81 | 77 | ||
82 | - | Article – Courts and Judicial Proceedings | |
78 | + | WHEREAS, No process exists in this State for the confidential identification, 19 | |
79 | + | investigation, or dissemination of findings regarding suicide deaths; and 20 | |
83 | 80 | ||
84 | - | 5–637. | |
81 | + | WHEREAS, Goal number one in the Maryland Center for Preventive Health 21 | |
82 | + | Services and the Partnership for a Safer Maryland’s Strategic Plan is to expand and refine 22 | |
83 | + | the current surveillance efforts to assess injury risks, inform intervention development, 23 | |
84 | + | and evaluate the impacts of injury prevention initiatives; and 24 | |
85 | 85 | ||
86 | - | (a) In this section, “medical review committee” has the meaning stated in § 1–401 | |
87 | - | of the Health Occupations Article. | |
86 | + | WHEREAS, The U.S. National Strategy for Suicide Prevention, as issued by the U.S. 25 | |
87 | + | Office of the Surgeon General, recommends that suicide deaths be investigated through 26 | |
88 | + | state–based suicide mortality reviews to institute the systemic changes needed to decrease 27 | |
89 | + | suicide mortality; and 28 | |
88 | 90 | ||
89 | - | (b) A person who acts in good faith and within the scope of the jurisdiction of a | |
90 | - | medical review committee is not civilly liable for any action as a member of the medical | |
91 | - | review committee or for giving information to, participating in, or contributing to the | |
92 | - | function of the medical review committee. | |
91 | + | WHEREAS, There is a need to establish a statewide program to review suicide 29 | |
92 | + | deaths among persons in this State and to develop strategies for the prevention of suicide 30 | |
93 | + | deaths in this State; now, therefore, 31 | |
93 | 94 | ||
94 | - | Article – Health – General | |
95 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32 | |
96 | + | That the Laws of Maryland read as follows: 33 | |
97 | + | HOUSE BILL 48 3 | |
95 | 98 | ||
96 | - | SUBTITLE 10. MARYLAND SUICIDE FATALITY REVIEW COMMITTEE. | |
97 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 80 | |
98 | 99 | ||
99 | - | – 3 – | |
100 | - | 5–1001. | |
100 | + | Article – Courts and Judicial Proceedings 1 | |
101 | 101 | ||
102 | - | IN THIS SUBTITLE, “STATE TEAM” MEANS THE MARYLAND SUICIDE FATALITY | |
103 | - | REVIEW COMMITTEE. | |
102 | + | 5–637. 2 | |
104 | 103 | ||
105 | - | 5–1002. | |
104 | + | (a) In this section, “medical review committee” has the meaning stated in § 1–401 3 | |
105 | + | of the Health Occupations Article. 4 | |
106 | 106 | ||
107 | - | (A) THERE IS A MARYLAND SUICIDE FATALITY REVIEW COMMITTEE, ALSO | |
108 | - | REFERRED TO AS THE STATE TEAM. | |
107 | + | (b) A person who acts in good faith and within the scope of the jurisdiction of a 5 | |
108 | + | medical review committee is not civilly liable for any action as a member of the medical 6 | |
109 | + | review committee or for giving information to, participating in, or contributing to the 7 | |
110 | + | function of the medical review committee. 8 | |
109 | 111 | ||
110 | - | (B) THE PURPOSE OF THE STATE TEAM IS TO IDEN TIFY AND ADDRESS THE | |
111 | - | FACTORS CONTRIBUTING TO SUICIDE DEATHS AN D FACILITATE SYSTEM CHANGES IN | |
112 | - | THE STATE TO PREVENT SUIC IDE DEATHS. | |
112 | + | Article – Health – General 9 | |
113 | 113 | ||
114 | - | (C) (1) THE STATE TEAM SHALL INCL UDE THE FOLLOWING ME MBERS, | |
115 | - | WHO SHALL SERVE ON A N EX OFFICIO BAS IS: | |
114 | + | SUBTITLE 10. MARYLAND SUICIDE FATALITY REVIEW COMMITTEE. 10 | |
116 | 115 | ||
117 | - | ||
116 | + | 5–1001. 11 | |
118 | 117 | ||
119 | - | | |
120 | - | ||
118 | + | IN THIS SUBTITLE, “STATE TEAM” MEANS THE MARYLAND SUICIDE FATALITY 12 | |
119 | + | REVIEW COMMITTEE. 13 | |
121 | 120 | ||
122 | - | (III) THE CHAIR OF THE GOVERNOR’S COMMISSION ON SUICIDE | |
123 | - | PREVENTION. | |
121 | + | 5–1002. 14 | |
124 | 122 | ||
125 | - | ( | |
126 | - | ||
123 | + | (A) THERE IS A MARYLAND SUICIDE FATALITY REVIEW COMMITTEE, ALSO 15 | |
124 | + | REFERRED TO AS THE STATE TEAM. 16 | |
127 | 125 | ||
128 | - | (3) THE SECRETARY MAY INCLUDE THE FOLLOWING MEMBER S IN | |
129 | - | THE STATE TEAM, AS DESIGNATED BY THE SECRETARY: | |
126 | + | (B) THE PURPOSE OF THE STATE TEAM IS TO IDEN TIFY AND ADDRESS THE 17 | |
127 | + | FACTORS CONTRIBUTING TO SUICIDE DEATHS AN D FACILITATE SYSTEM CHANGES IN 18 | |
128 | + | THE STATE TO PREVENT SUICIDE DEATHS . 19 | |
130 | 129 | ||
131 | - | ( | |
132 | - | ||
130 | + | (C) (1) THE STATE TEAM SHALL INCL UDE THE FOLLOWING ME MBERS, 20 | |
131 | + | WHO SHALL SERVE ON A N EX OFFICIO BASIS: 21 | |
133 | 132 | ||
134 | - | ( | |
133 | + | (I) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 22 | |
135 | 134 | ||
136 | - | ( | |
137 | - | ||
135 | + | (II) THE DEPUTY SECRETARY OF THE BEHAVIORAL HEALTH 23 | |
136 | + | ADMINISTRATION , OR THE DEPUTY SECRETARY’S DESIGNEE; AND 24 | |
138 | 137 | ||
139 | - | ( | |
140 | - | ||
138 | + | (III) THE CHAIR OF THE GOVERNOR’S COMMISSION ON SUICIDE 25 | |
139 | + | PREVENTION. 26 | |
141 | 140 | ||
142 | - | ( | |
143 | - | ||
141 | + | (2) THE SECRETARY MAY INCLUDE IN THE STATE TEAM THE CHIEF 27 | |
142 | + | MEDICAL EXAMINER, OR THE CHIEF MEDICAL EXAMINER’S DESIGNEE. 28 | |
144 | 143 | ||
145 | - | ||
144 | + | (3) THE SECRETARY MAY INCLUDE THE FOLLOWING MEMBERS IN 29 4 HOUSE BILL 48 | |
146 | 145 | ||
147 | - | (VI) ONE REPRESENTATIVE OF LAW ENFORCEMENT OR | |
148 | - | CORRECTIONAL SERVICE S; AND | |
149 | 146 | ||
150 | - | (VII) ANY ADDITIONAL MEM BERS DETERMINED TO B E | |
151 | - | NECESSARY BY THE SECRETARY TO CARRY OU T THE PURPOSE OF THI S SUBTITLE, | |
152 | - | WHICH MAY INCLUDE RE PRESENTATIVES FROM R ELEVANT DISCIPLINES AND | |
153 | - | RELEVANT COMMUNITY –BASED ORGANIZATIONS . | |
147 | + | THE STATE TEAM, AS DESIGNATED BY THE SECRETARY: 1 | |
154 | 148 | ||
155 | - | ( | |
156 | - | ||
149 | + | (I) A SUICIDOLOGIST OR AN ACADEMIC WITH A SPEC IALTY IN 2 | |
150 | + | THE STUDY AND PREVEN TION OF SUICIDE; 3 | |
157 | 151 | ||
158 | - | ( | |
152 | + | (II) ONE REPRESENTATIVE OF HEALTH CARE PROVIDER S; 4 | |
159 | 153 | ||
160 | - | (F) ALL MEMBERS OF THE STATE TEAM SHALL BE V OTING MEMBERS . | |
154 | + | (III) ONE REPRESENTATIVE OF AN ORGANIZATION HAVING 5 | |
155 | + | EXPERTISE IN SUICIDE PREVENTION ; 6 | |
161 | 156 | ||
162 | - | (G) (1) EACH MEMBER DESIGNATE D UNDER SUBSECTION (C)(3) OF THIS | |
163 | - | SECTION SHALL SERVE ON THE STATE TEAM FOR A TERM OF 3 YEARS AND MAY BE | |
164 | - | REAPPOINTED . | |
157 | + | (IV) ONE REPRESENTATIVE OF AN ORGANIZATION HAVI NG 7 | |
158 | + | EXPERTISE IN THE TRE ATMENT AND PREVENTIO N OF SUBSTANCE ABUSE ; 8 | |
165 | 159 | ||
166 | - | (2) AT THE END OF A TERM , A MEMBER DESIGNATED UNDER | |
167 | - | SUBSECTION (C)(3) OF THIS SECTION CONT INUES TO SERVE UNTIL A SUCCESSOR IS | |
168 | - | APPOINTED. | |
160 | + | (V) ONE REPRESENTATIVE OF AN ORGANIZATION THAT 9 | |
161 | + | ADVOCATES FOR INDIVI DUALS WITH MENTAL ILLNESS; 10 | |
169 | 162 | ||
170 | - | ( | |
171 | - | ||
163 | + | (VI) ONE REPRESENTATIVE OF LAW ENFORCEMENT OR 11 | |
164 | + | CORRECTIONAL SERVICE S; AND 12 | |
172 | 165 | ||
173 | - | (H) A MEMBER OF THE STATE TEAM: | |
166 | + | (VII) ANY ADDITIONAL MEMBER S DETERMINED TO BE 13 | |
167 | + | NECESSARY BY THE SECRETARY TO CARRY OU T THE PURPOSE OF THI S SUBTITLE, 14 | |
168 | + | WHICH MAY INCLUDE RE PRESENTATIVES FROM R ELEVANT DISCIPLINES AND 15 | |
169 | + | RELEVANT COMMUNITY –BASED ORGANIZATIONS . 16 | |
174 | 170 | ||
175 | - | ( | |
176 | - | ||
171 | + | (D) THE STATE TEAM SHALL ELEC T THE CHAIR OF THE STATE TEAM BY A 17 | |
172 | + | MAJORITY VOTE . 18 | |
177 | 173 | ||
178 | - | (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE | |
179 | - | STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . | |
174 | + | (E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE STATE TEAM. 19 | |
180 | 175 | ||
181 | - | (I) TO THE EXTENT THAT FU NDS ARE AVAILABLE , THE STATE TEAM MAY | |
182 | - | HIRE STAFF OR CONSUL TANTS TO ASSIST THE STATE TEAM IN CARRYIN G OUT ITS | |
183 | - | DUTIES. | |
176 | + | (F) ALL MEMBERS OF THE STATE TEAM SHALL BE V OTING MEMBERS. 20 | |
184 | 177 | ||
185 | - | 5–1003. | |
178 | + | (G) (1) EACH MEMBER DESIGNATE D UNDER SUBSECTION (C)(3) OF THIS 21 | |
179 | + | SECTION SHALL SERVE ON THE STATE TEAM FOR A TERM OF 3 YEARS AND MAY BE 22 | |
180 | + | REAPPOINTED . 23 | |
186 | 181 | ||
187 | - | (A) THE STATE TEAM SHALL : | |
182 | + | (2) AT THE END OF A TERM , A MEMBER DESIGNATED UNDER 24 | |
183 | + | SUBSECTION (C)(3) OF THIS SECTION CONT INUES TO SERVE UNTIL A SUC CESSOR IS 25 | |
184 | + | APPOINTED. 26 | |
188 | 185 | ||
189 | - | (1) MEET AT LEAST Q UARTERLY TO REVIEW S UICIDE DEATHS , LAWRENCE J. HOGAN, JR., Governor Ch. 80 | |
186 | + | (3) ALL VACANCIES SHALL B E FILLED BY THE DESI GNATING 27 | |
187 | + | AUTHORITY IN ACCORDA NCE WITH THIS SECTIO N. 28 | |
190 | 188 | ||
191 | - | ||
192 | - | ||
189 | + | (H) A MEMBER OF THE STATE TEAM: 29 | |
190 | + | HOUSE BILL 48 5 | |
193 | 191 | ||
194 | - | (2) MAKE DETERMINATIONS R EGARDING: | |
195 | 192 | ||
196 | - | ( | |
197 | - | ||
193 | + | (1) MAY NOT RECEIVE COMPE NSATION FOR SERVICE ON THE STATE 1 | |
194 | + | TEAM; BUT 2 | |
198 | 195 | ||
199 | - | 1. TRENDS; | |
196 | + | (2) IS ENTITLED TO REIMBURS EMENT FOR EXPENSES U NDER THE 3 | |
197 | + | STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4 | |
200 | 198 | ||
201 | - | 2. RISK FACTORS; | |
199 | + | (I) TO THE EXTENT THAT FU NDS ARE AVAILABLE , THE STATE TEAM MAY 5 | |
200 | + | HIRE STAFF OR CONSUL TANTS TO ASSIST THE STATE TEAM IN CARRYIN G OUT ITS 6 | |
201 | + | DUTIES. 7 | |
202 | 202 | ||
203 | - | ||
203 | + | 5–1003. 8 | |
204 | 204 | ||
205 | - | | |
205 | + | (A) THE STATE TEAM SHALL : 9 | |
206 | 206 | ||
207 | - | 5. BARRIERS TO SAFETY AN D WELL–BEING; AND | |
207 | + | (1) MEET AT LEAST QUARTER LY TO REVIEW SUICIDE DEATHS, 10 | |
208 | + | CONSISTENT WITH THE REQUIREMENTS OF THIS SUBTITLE; 11 | |
208 | 209 | ||
209 | - | ( | |
210 | + | (2) MAKE DETERMINATIONS R EGARDING: 12 | |
210 | 211 | ||
211 | - | (3) REPORT AT LEAST ANNUA LLY TO THE GOVERNOR AND , IN | |
212 | - | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL | |
213 | - | ASSEMBLY ON: | |
212 | + | (I) THE FOLLOWING ISSUES RELATED TO INDIVIDUA LS AT RISK 13 | |
213 | + | FOR SUICIDE: 14 | |
214 | 214 | ||
215 | - | | |
215 | + | 1. TRENDS; 15 | |
216 | 216 | ||
217 | - | | |
217 | + | 2. RISK FACTORS; 16 | |
218 | 218 | ||
219 | - | 1. CHANGING ANY LAW OR P OLICY IN A MANNER TH AT | |
220 | - | WOULD PROMOTE THE PR EVENTION OF SUICIDE DEATHS; AND | |
219 | + | 3. CURRENT BEST PRACTICE S IN SUICIDE PREVENT ION; 17 | |
221 | 220 | ||
222 | - | 2. IMPROVING THE AVAILAB ILITY OF SOURCES OF | |
223 | - | INFORMATION RELATING TO THE INVESTIGATION OF REPORTED SUICIDE | |
224 | - | FATALITIES; | |
221 | + | 4. LAPSES IN SYSTEMIC RE SPONSES; AND 18 | |
225 | 222 | ||
226 | - | | |
223 | + | 5. BARRIERS TO SAFETY AN D WELL–BEING; AND 19 | |
227 | 224 | ||
228 | - | (I) THE INCIDENTS AND CAU SES OF SUICIDE MORTA LITY IN | |
229 | - | THE STATE; AND | |
225 | + | (II) STRATEGIES FOR THE PR EVENTION OF SUICIDE DEATHS; 20 | |
230 | 226 | ||
231 | - | (II) TRENDS AND PATTERNS OF SUICIDE DEATHS IN TH E STATE; | |
232 | - | AND | |
227 | + | (3) REPORT AT LEAST ANNUA LLY TO THE GOVERNOR AND , IN 21 | |
228 | + | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 22 | |
229 | + | ASSEMBLY ON: 23 | |
233 | 230 | ||
234 | - | (5) DISSEMINATE FINDINGS AND RECOMMENDATIONS BASED ON THE | |
235 | - | STUDIES CONDUCTED UN DER ITEM (4) OF THIS SUBSECTION T O POLICYMAKERS , Ch. 80 2022 LAWS OF MARYLAND | |
231 | + | (I) THE STATE TEAM’S ACTIVITIES; AND 24 | |
236 | 232 | ||
237 | - | – 6 – | |
238 | - | HEALTH CARE PROVIDER S, HEALTH CARE FACILITI ES, AND THE PUBLIC . | |
233 | + | (II) THE STATE TEAM’S RECOMMENDATIONS ON : 25 | |
239 | 234 | ||
240 | - | (B) THE STATE TEAM MAY PERIOD ICALLY MAKE AVAILABL E, IN A GENERAL | |
241 | - | MANNER THAT DOES NOT REVEAL CONFIDENTIAL INFORMATION ABOUT IN DIVIDUAL | |
242 | - | CASES, ONLY THE AGGREGATE F INDINGS OF THE STATE TEAM’S REVIEWS AND THEIR | |
243 | - | RECOMMENDATIONS FOR PREVENTIVE ACTIONS . | |
235 | + | 1. CHANGING ANY LAW OR P OLICY IN A MANNER THAT 26 | |
236 | + | WOULD PROMOTE THE PR EVENTION OF SUICIDE DEATHS; AND 27 | |
237 | + | 6 HOUSE BILL 48 | |
244 | 238 | ||
245 | - | 5–1004. | |
246 | 239 | ||
247 | - | A PERSON SHALL HAVE THE IMMUNITY FROM LIABIL ITY UNDER § 5–637 OF | |
248 | - | THE COURTS ARTICLE FOR ANY ACTIO N AS A MEMBER OF THE STATE TEAM OR FOR | |
249 | - | GIVING INFORMATION T O, PARTICIPATING IN , OR CONTRIBUTING TO T HE FUNCTION | |
250 | - | OF THE STATE TEAM. | |
240 | + | 2. IMPROVING THE AVAILAB ILITY OF SOURCES OF 1 | |
241 | + | INFORMATION RELATING TO THE INVESTIGATION OF REPORTED SUICIDE 2 | |
242 | + | FATALITIES; 3 | |
251 | 243 | ||
252 | - | ||
244 | + | (4) UNDERTAKE ANNUAL STAT ISTICAL STUDIES OF : 4 | |
253 | 245 | ||
254 | - | (A) THE STATE TEAM IS A PUBLIC HEALTH A UTHORITY, AS DEFINED IN 45 | |
255 | - | C.F.R. § 164.501, CONDUCTING PUBLIC HE ALTH ACTIVITIES IN A CCORDANCE WITH | |
256 | - | THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. | |
246 | + | (I) THE INCIDENTS AND CAUSES OF SUICIDE MORTALITY IN 5 | |
247 | + | THE STATE; AND 6 | |
257 | 248 | ||
258 | - | (B) ON REQUEST OF THE CHA IR OF THE STATE TEAM AND AS NEC ESSARY TO | |
259 | - | CARRY OUT THE STATE TEAM’S PURPOSE AND DUTIES , A HEALTH CARE PROVID ER | |
260 | - | OR A STATE OR LOCAL GOVERN MENT AGENCY IMMEDIAT ELY SHALL PROVIDE TO | |
261 | - | THE STATE TEAM ANY RECORD S OF THE HEALTH CARE PROVIDER OR STATE OR | |
262 | - | LOCAL GOVERNMENT AGE NCY NECESSARY TO COM PLETE THE REVIE W OF A | |
263 | - | SPECIFIC FATALITY , INCLUDING: | |
249 | + | (II) TRENDS AND PATTERNS O F SUICIDE DEATHS IN THE STATE; 7 | |
250 | + | AND 8 | |
264 | 251 | ||
265 | - | (1) HOSPITAL RECORDS ; | |
252 | + | (5) DISSEMINATE FINDINGS AND RECOMMENDATIONS BASED ON THE 9 | |
253 | + | STUDIES CONDUCTED UN DER ITEM (4) OF THIS SUBSECTION T O POLICYMAKERS , 10 | |
254 | + | HEALTH CARE PROVIDERS , HEALTH CARE FACILITI ES, AND THE PUBLIC . 11 | |
266 | 255 | ||
267 | - | (2) OUTPATIENT CLINIC , HEALTH CARE PROVIDER , AND | |
268 | - | LABORATORY RECORDS ; | |
256 | + | (B) THE STATE TEAM MAY PERIOD ICALLY MAKE AVAILABL E, IN A GENERAL 12 | |
257 | + | MANNER THAT DOES NOT REVEAL CONFIDENTIAL INFORMATION ABOUT IN DIVIDUAL 13 | |
258 | + | CASES, ONLY THE AGGREGATE F INDINGS OF THE STATE TEAM’S REVIEWS AND THEIR 14 | |
259 | + | RECOMMENDATIONS FOR PREVENTIVE ACTIONS . 15 | |
269 | 260 | ||
270 | - | ||
261 | + | 5–1004. 16 | |
271 | 262 | ||
272 | - | (4) MEDICAL EXAMINER INVE STIGATIVE DATA; | |
263 | + | A PERSON SHALL HAVE TH E IMMUNITY FROM LIAB ILITY UNDER § 5–637 OF 17 | |
264 | + | THE COURTS ARTICLE FOR ANY ACTIO N AS A MEMBER OF THE STATE TEAM OR FOR 18 | |
265 | + | GIVING INFORMATION T O, PARTICIPATING IN , OR CONTRIB UTING TO THE FUNCTIO N 19 | |
266 | + | OF THE STATE TEAM. 20 | |
273 | 267 | ||
274 | - | ||
268 | + | 5–1005. 21 | |
275 | 269 | ||
276 | - | (6) SOCIAL SERVICES RECOR DS; AND | |
270 | + | (A) THE STATE TEAM IS A PUBLI C HEALTH AUTHORITY , AS DEFINED IN 45 22 | |
271 | + | C.F.R. § 164.501, CONDUCTING PUBLIC HE ALTH ACTIVITIES IN A CCORDANCE WITH 23 | |
272 | + | THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. 24 | |
277 | 273 | ||
278 | - | (7) OTHER RECORDS FROM STATE OFFICES , AGENCIES, AND | |
279 | - | DEPARTMENTS . | |
274 | + | (B) ON REQUEST OF THE CHA IR OF THE STATE TEAM AND AS NEC ESSARY TO 25 | |
275 | + | CARRY OUT THE STATE TEAM’S PURPOSE AND DUTIES , A HEALTH CARE PROVID ER 26 | |
276 | + | OR A STATE OR LOCAL GOVERN MENT AGENCY IMMEDIAT ELY SHALL PROVIDE TO 27 | |
277 | + | THE STATE TEAM ANY RECORD S OF THE HEALTH CARE PROVIDER OR STATE OR 28 | |
278 | + | LOCAL GOVERNMENT AGE NCY NECESSARY TO COM PLETE THE REVIEW OF A 29 | |
279 | + | SPECIFIC FATALITY , INCLUDING: 30 | |
280 | 280 | ||
281 | - | ( | |
281 | + | (1) HOSPITAL RECORDS ; 31 | |
282 | 282 | ||
283 | - | – 7 – | |
284 | - | KNOWLEDGE OF CIRCUMS TANCES SURROUNDING A FATALITY PROVIDE THE STATE | |
285 | - | TEAM WITH INFORM ATION NECESSARY TO C OMPLETE THE REVIEW O F THE | |
286 | - | PARTICULAR FATALITY , INCLUDING INFORMATIO N FROM: | |
283 | + | (2) OUTPATIENT CLINIC , HEALTH CARE PROVIDER , AND 32 HOUSE BILL 48 7 | |
287 | 284 | ||
288 | - | (1) A HEALTH CARE PROVIDER OR STAFF INVOLVED IN THE CARE OF | |
289 | - | THE DECEDENT ; AND | |
290 | 285 | ||
291 | - | (2) THE PERSON WHO FIRST RESPONDED TO A REPOR T CONCERNING | |
292 | - | THE DECEDENT . | |
286 | + | LABORATORY RECORDS ; 1 | |
293 | 287 | ||
294 | - | ( | |
288 | + | (3) POLICE INVESTIGATION DATA; 2 | |
295 | 289 | ||
296 | - | (1) MAY SHARE INFORMATION WITH OTHER PUBLIC HE ALTH | |
297 | - | AUTHORITIES OR THEIR DESIGNEES AS THE STATE TEAM DETERMINES NECESSARY | |
298 | - | TO CARRY OUT THE PUR POSES OF THIS SUBTIT LE; AND | |
290 | + | (4) MEDICAL EXAMINER INVESTIGATI VE DATA; 3 | |
299 | 291 | ||
300 | - | (2) SHALL COORDINATE WITH THE STATE’S CHILD FATALITY | |
301 | - | REVIEW AND DRUG OVERDOSE FATALITY REVIEW TEAMS TO SHARE AND RECEIVE | |
302 | - | INFORMATION RELEVANT TO THE STATE TEAM ’S FINDINGS AND TO EN SURE | |
303 | - | EFFICIENCY IN THE WO RK OF THE TEAMS . | |
292 | + | (5) CAUSE–OF–DEATH INFORMATION IN VITAL RECORDS ; 4 | |
304 | 293 | ||
305 | - | (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , | |
306 | - | ALL INFORMATION AND RECORDS ACQU IRED BY THE STATE TEAM IN THE EXE RCISE | |
307 | - | OF ITS DUTIES: | |
294 | + | (6) SOCIAL SERVICES RECOR DS; AND 5 | |
308 | 295 | ||
309 | - | (I) SHALL BE CONFIDENTIAL ; | |
296 | + | (7) OTHER RECORDS FROM STATE OFFICES , AGENCIES, AND 6 | |
297 | + | DEPARTMENTS . 7 | |
310 | 298 | ||
311 | - | (II) SHALL BE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC | |
312 | - | INFORMATION ACT; AND | |
299 | + | (C) THE STATE TEAM MAY REQUES T THAT A PERSON WITH DIRECT 8 | |
300 | + | KNOWLEDGE OF CIRCUMSTANCES SURROU NDING A FATALITY PRO VIDE THE STATE 9 | |
301 | + | TEAM WITH INFORMATIO N NECESSARY TO COMPL ETE THE REVIEW OF TH E 10 | |
302 | + | PARTICULAR FATALITY , INCLUDING INFORMATIO N FROM: 11 | |
313 | 303 | ||
314 | - | ( | |
315 | - | ||
304 | + | (1) A HEALTH CARE PROVIDER OR STAFF INVOLVED IN THE CARE OF 12 | |
305 | + | THE DECEDENT ; AND 13 | |
316 | 306 | ||
317 | - | (2) INFORMATION MAY BE DI SCLOSED AS NECESSARY AND IN A | |
318 | - | MANNER CONSISTENT WI TH THIS SUBTITLE TO CARRY OUT THE PURPOS ES OF THIS | |
319 | - | SUBTITLE. | |
307 | + | (2) THE PERSON WHO FIRST RESPONDED TO A REPOR T CONCERNING 14 | |
308 | + | THE DECEDENT . 15 | |
320 | 309 | ||
321 | - | (F) MENTAL HEALTH RECORDS ARE SUBJECT TO THE A DDITIONAL | |
322 | - | LIMITATIONS UNDER § 4–307 OF THIS ARTICLE FOR DISCLOSURE OF A MEDICAL | |
323 | - | RECORD DEVELOPED PRI MARILY IN CONNECTION WITH THE PROVISION O F MENTAL | |
324 | - | HEALTH SERVICES . | |
310 | + | (D) THE STATE TEAM: 16 | |
325 | 311 | ||
326 | - | 5–1006. | |
327 | - | Ch. 80 2022 LAWS OF MARYLAND | |
312 | + | (1) MAY SHARE INFORMATION WITH OTHER PUBLIC HE ALTH 17 | |
313 | + | AUTHORITIES OR THEIR DESIGNEES AS THE STATE TEAM DETERMINES NECESSARY 18 | |
314 | + | TO CARRY OUT THE PUR POSES OF THIS SUBTIT LE; AND 19 | |
328 | 315 | ||
329 | - | – 8 – | |
330 | - | (A) MEETINGS OF THE STATE TEAM SHALL BE C LOSED TO THE PUBLIC AND | |
331 | - | ARE NOT SUBJECT TO T HE OPEN MEETINGS ACT. | |
316 | + | (2) SHALL COORDINATE WITH THE STATE’S CHILD FATALITY 20 | |
317 | + | REVIEW AND DRUG OVERDOSE FATALITY REVIEW TEAMS TO SHARE AND RECEIVE 21 | |
318 | + | INFORMATION RELEVANT TO THE STATE TEAM ’S FINDINGS AND TO EN SURE 22 | |
319 | + | EFFICIENCY IN THE WO RK OF THE TEAMS . 23 | |
332 | 320 | ||
333 | - | (B) A MEMBER OF THE STATE TEAM OR ATT ENDEE OF A STATE TEAM | |
334 | - | MEETING MAY NOT : | |
321 | + | (E) (1) EXCEPT AS PROVID ED IN PARAGRAPH (2) OF THIS SUBSECTION , 24 | |
322 | + | ALL INFORMATION AND RECORDS ACQUIRED BY THE STATE TEAM IN THE EXE RCISE 25 | |
323 | + | OF ITS DUTIES: 26 | |
335 | 324 | ||
336 | - | (1) RELEASE TO THE PUBLIC OR THE NEWS MEDIA IN FORMATION | |
337 | - | DISCUSSED AT MEETING S; OR | |
325 | + | (I) SHALL BE CONFIDENTIAL ; 27 | |
338 | 326 | ||
339 | - | (2) EXCEPT AS PROVIDED IN § 5–1007 OF THIS SUBTITLE , TESTIFY IN | |
340 | - | ANY PROCEEDING ABOUT DETAILS OF A STATE TEAM MEETING , INCLUDING ANY | |
341 | - | INFORMATION PRESENTE D AT THE MEETING , OR ABOUT OPINIONS FO RMED BY THE | |
342 | - | INDIVIDUAL BECAUSE O F THE MEETING. | |
327 | + | (II) SHALL BE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC 28 | |
328 | + | INFORMATION ACT; AND 29 | |
329 | + | 8 HOUSE BILL 48 | |
343 | 330 | ||
344 | - | (C) EACH MEMBER OF THE STATE TEAM AND ANY AT TENDEE OF A MEETING | |
345 | - | OF THE STATE TEAM SHALL SIGN A STATEMENT INDICATI NG AN UNDERSTANDING | |
346 | - | OF AND ADHERENCE TO THE STATE TEAM’S CONFIDENTIALITY RE QUIREMENTS , | |
347 | - | INCLUDING ANY POTENT IAL CIVIL OR CRIMINA L CONSEQUENCES FOR A BREACH OF | |
348 | - | CONFIDENTIALITY UNDE R THIS SECTION. | |
349 | 331 | ||
350 | - | 5–1007. | |
332 | + | (III) MAY NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION 1 | |
333 | + | INTO EVIDENCE IN ANY PROCEEDINGS . 2 | |
351 | 334 | ||
352 | - | THIS SUBTITLE MAY NOT BE CONSTRUED TO PROH IBIT A PERSON FROM : | |
335 | + | (2) INFORMATION MAY BE DI SCLOSED AS NECESSARY AND IN A 3 | |
336 | + | MANNER CONSISTENT WI TH THIS SUBTITLE TO CARRY OUT THE PURPOS ES OF THIS 4 | |
337 | + | SUBTITLE. 5 | |
353 | 338 | ||
354 | - | (1) TESTIFYING IN A CIVIL OR CRIMINAL ACTION A BOUT MATTERS | |
355 | - | THAT OCCURRED IN A STATE TEAM MEETING IF THE TESTIMONY WILL B E BASED ON | |
356 | - | THE PERSON’S INDEPENDENT KNOWLE DGE; OR | |
339 | + | (F) MENTAL HEALTH RECORDS ARE SUBJECT TO TH E ADDITIONAL 6 | |
340 | + | LIMITATIONS UNDER § 4–307 OF THIS ARTICLE FOR DISCLOSURE OF A MEDI CAL 7 | |
341 | + | RECORD DEVELOPED PRI MARILY IN CONNECTION WITH THE PROVISION O F MENTAL 8 | |
342 | + | HEALTH SERVICES . 9 | |
357 | 343 | ||
358 | - | (2) INVESTIGATING OR REVI EWING A SUICIDE DEAT H UNDER ANY | |
359 | - | OTHER PROVISION OF L AW. | |
344 | + | 5–1006. 10 | |
360 | 345 | ||
361 | - | 5–1008. | |
346 | + | (A) MEETINGS OF THE STATE TEAM SHALL BE C LOSED TO THE PUBLIC AND 11 | |
347 | + | ARE NOT SUBJECT TO THE OPEN MEETINGS ACT. 12 | |
362 | 348 | ||
363 | - | THE | |
364 | - | ||
349 | + | (B) A MEMBER OF THE STATE TEAM OR ATTENDE E OF A STATE TEAM 13 | |
350 | + | MEETING MAY NOT : 14 | |
365 | 351 | ||
366 | - | (1) THE PROCEDURES BY WHI CH HEALTH CARE PROVIDERS , HEALTH | |
367 | - | CARE FACILITIES, AND OTHER PERSONS ID ENTIFY AND REPORT SU ICIDE DEATHS TO | |
368 | - | THE DEPARTMENT OR AS DIRE CTED BY THE DEPARTMENT ; | |
352 | + | (1) RELEASE TO THE PUBLIC OR THE NEWS MEDIA IN FORMATION 15 | |
353 | + | DISCUSSED AT MEETING S; OR 16 | |
369 | 354 | ||
370 | - | (2) THE PROTOCOLS , PROCEDURES , METHODS, MANNER, AND | |
371 | - | EXTENT OF ALL INVEST IGATIONS AND REVIEWS BY THE STATE TEAM; AND | |
372 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 80 | |
355 | + | (2) EXCEPT AS PROVIDED IN § 5–1007 OF THIS SUBTITLE , TESTIFY IN 17 | |
356 | + | ANY PROCEEDING ABOUT DETAILS OF A STATE TEAM MEETING , INCLUDING ANY 18 | |
357 | + | INFORMATION PRESENTE D AT THE MEETING , OR ABOUT OPINIONS FO RMED BY THE 19 | |
358 | + | INDIVIDUAL BECAUSE O F THE MEETING. 20 | |
373 | 359 | ||
374 | - | – 9 – | |
375 | - | (3) THE MANNER IN AND EXT ENT TO WHICH INFORMA TION SHALL BE | |
376 | - | DISSEMINATED UNDER T HIS SUBTITLE. | |
360 | + | (C) EACH MEMBER OF THE STATE TEAM AND ANY AT TENDEE OF A MEETING 21 | |
361 | + | OF THE STATE TEAM SHALL SIGN A STATEMENT INDICATI NG AN UNDERSTANDING 22 | |
362 | + | OF AND ADHERENCE TO THE STATE TEAM’S CONFIDENTIALITY RE QUIREMENTS , 23 | |
363 | + | INCLUDING ANY POTENT IAL CIVIL OR CRIMINA L CONSEQUENCES FOR A BREACH OF 24 | |
364 | + | CONFIDENTIALITY UNDE R THIS SECTION. 25 | |
377 | 365 | ||
378 | - | 5– | |
366 | + | 5–1007. 26 | |
379 | 367 | ||
380 | - | THIS SUBTITLE MAY BE CITED AS THE MARYLAND SUICIDE MORTALITY | |
381 | - | REVIEW AND PREVENTION ACT. | |
368 | + | THIS SUBTITLE MAY NOT BE CONST RUED TO PROHIBIT A P ERSON FROM : 27 | |
382 | 369 | ||
383 | - | Article – Health Occupations | |
370 | + | (1) TESTIFYING IN A CIVIL OR CRIMINAL ACTION A BOUT MATTERS 28 | |
371 | + | THAT OCCURRED IN A STATE TEAM MEETING IF THE TESTIMONY WILL B E BASED ON 29 | |
372 | + | THE PERSON’S INDEPENDENT KNOWLE DGE; OR 30 | |
384 | 373 | ||
385 | - | 1–401. | |
374 | + | (2) INVESTIGATING OR REVI EWING A SUICIDE DEATH U NDER ANY 31 | |
375 | + | OTHER PROVISION OF L AW. 32 HOUSE BILL 48 9 | |
386 | 376 | ||
387 | - | (a) (1) In this section the following words have the meanings indicated. | |
388 | 377 | ||
389 | - | (3) “Medical review committee” means a committee or board that: | |
390 | 378 | ||
391 | - | (i) Is within one of the categories described in subsection (b) of this | |
392 | - | section; and | |
379 | + | 5–1008. 1 | |
393 | 380 | ||
394 | - | ||
395 | - | ||
381 | + | THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE , 2 | |
382 | + | INCLUDING REGULATION S ON: 3 | |
396 | 383 | ||
397 | - | (b) For purposes of this section, a medical review committee is: | |
384 | + | (1) THE PROCEDURES BY WHI CH HEALTH CARE PROVI DERS, HEALTH 4 | |
385 | + | CARE FACILITIES, AND OTHER PERSONS IDENTIFY AND REPORT SUICIDE DEATHS TO 5 | |
386 | + | THE DEPARTMENT OR AS DIRE CTED BY THE DEPARTMENT ; 6 | |
398 | 387 | ||
399 | - | ( | |
400 | - | ||
388 | + | (2) THE PROTOCOLS , PROCEDURES , METHODS, MANNER, AND 7 | |
389 | + | EXTENT OF ALL INVEST IGATIONS AND REVIEWS BY THE STATE TEAM; AND 8 | |
401 | 390 | ||
402 | - | (2) A committee of the Maryland State Medical Society or any of its | |
403 | - | component societies or a committee of any other professional society or association | |
404 | - | composed of providers of health care; | |
391 | + | (3) THE MANNER IN AND EXT ENT TO WHICH INFORMA TION SHALL BE 9 | |
392 | + | DISSEMINATED UNDER T HIS SUBTITLE. 10 | |
405 | 393 | ||
406 | - | (3) A committee appointed by or established in the Department or a local | |
407 | - | health department for review purposes; | |
394 | + | 5–1009. 11 | |
408 | 395 | ||
409 | - | | |
410 | - | ||
396 | + | THIS SUBTITLE MAY BE CITED AS THE MARYLAND SUICIDE MORTALITY 12 | |
397 | + | REVIEW AND PREVENTION ACT. 13 | |
411 | 398 | ||
412 | - | (5) A committee of the medical staff or other committee, including any risk | |
413 | - | management, credentialing, or utilization review committee established in accordance with | |
414 | - | § 19–319 of the Health – General Article, of a hospital, related institution, or alternative | |
415 | - | health care system, if the governing board of the hospital, related institution, or alternative | |
416 | - | health care system forms and approves the committee or approves the written bylaws under | |
417 | - | which the committee operates; | |
399 | + | Article – Health Occupations 14 | |
418 | 400 | ||
419 | - | (6) A committee or individual designated by the holder of a pharmacy | |
420 | - | permit, as defined in § 12–101 of this article, that performs the functions listed in Ch. 80 2022 LAWS OF MARYLAND | |
401 | + | 1–401. 15 | |
421 | 402 | ||
422 | - | – 10 – | |
423 | - | subsection (c) of this section, as part of a pharmacy’s ongoing quality assurance program; | |
403 | + | (a) (1) In this section the following words have the meanings indicated. 16 | |
424 | 404 | ||
425 | - | (7) Any person, including a professional standard review organization, who | |
426 | - | contracts with an agency of this State or of the federal government to perform any of the | |
427 | - | functions listed in subsection (c) of this section; | |
405 | + | (3) “Medical review committee” means a committee or board that: 17 | |
428 | 406 | ||
429 | - | (8) Any person who contracts with a provider of health care to perform any | |
430 | - | of those functions listed in subsection (c) of this section that are limited to the review of | |
431 | - | services provided by the provider of health care; | |
407 | + | (i) Is within one of the categories described in subsection (b) of this 18 | |
408 | + | section; and 19 | |
432 | 409 | ||
433 | - | (9) An organization, established by the Maryland Hospital Association, | |
434 | - | Inc. and the Maryland State Medical Society, that contracts with a hospital, related | |
435 | - | institution, or alternative delivery system to: | |
410 | + | (ii) Performs functions that include at least one of the functions 20 | |
411 | + | listed in subsection (c) of this section. 21 | |
436 | 412 | ||
437 | - | (i) Assist in performing the functions listed in subsection (c) of this | |
438 | - | section; or | |
413 | + | (b) For purposes of this section, a medical review committee is: 22 | |
439 | 414 | ||
440 | - | ( | |
441 | - | ||
415 | + | (1) A regulatory board or agency established by State or federal law to 23 | |
416 | + | license, certify, or discipline any provider of health care; 24 | |
442 | 417 | ||
443 | - | (10) A committee appointed by or established in an accredited health | |
444 | - | occupations school; | |
418 | + | (2) A committee of the Maryland State Medical Society or any of its 25 | |
419 | + | component societies or a committee of any other professional society or association 26 | |
420 | + | composed of providers of health care; 27 | |
445 | 421 | ||
446 | - | ( | |
447 | - | ||
422 | + | (3) A committee appointed by or established in the Department or a local 28 | |
423 | + | health department for review purposes; 29 10 HOUSE BILL 48 | |
448 | 424 | ||
449 | - | (i) Assist in performing the functions listed in subsection (c) of this | |
450 | - | section; or | |
451 | 425 | ||
452 | - | (ii) Assist a health maintenance organization in meeting the | |
453 | - | requirements of Title 19, Subtitle 7 of the Health – General Article, the National Committee | |
454 | - | for Quality Assurance (NCQA), or any other applicable credentialing law or regulation; | |
455 | 426 | ||
456 | - | (12) An accrediting organization as defined in § 14–501 of this article; | |
427 | + | (4) A committee appointed by or established in the Maryland Institute for 1 | |
428 | + | Emergency Medical Services Systems; 2 | |
457 | 429 | ||
458 | - | (13) A Mortality and Quality Review Committee established under § 5–802 | |
459 | - | of the Health – General Article or a Morbidity, Mortality, and Quality Review Committee | |
460 | - | established under § 18–107 of the Health – General Article; | |
430 | + | (5) A committee of the medical staff or other committee, including any risk 3 | |
431 | + | management, credentialing, or utilization review committee established in accordance with 4 | |
432 | + | § 19–319 of the Health – General Article, of a hospital, related institution, or alternative 5 | |
433 | + | health care system, if the governing board of the hospital, related institution, or alternative 6 | |
434 | + | health care system forms and approves the committee or approves the written bylaws under 7 | |
435 | + | which the committee operates; 8 | |
461 | 436 | ||
462 | - | ( | |
463 | - | ||
464 | - | this section; | |
437 | + | (6) A committee or individual designated by the holder of a pharmacy 9 | |
438 | + | permit, as defined in § 12–101 of this article, that performs the functions listed in 10 | |
439 | + | subsection (c) of this section, as part of a pharmacy’s ongoing quality assurance program; 11 | |
465 | 440 | ||
466 | - | ( | |
467 | - | ||
468 | - | ||
441 | + | (7) Any person, including a professional standard review organization, who 12 | |
442 | + | contracts with an agency of this State or of the federal government to perform any of the 13 | |
443 | + | functions listed in subsection (c) of this section; 14 | |
469 | 444 | ||
470 | - | – 11 – | |
471 | - | another medical review committee. | |
445 | + | (8) Any person who contracts with a provider of health care to perform any 15 | |
446 | + | of those functions listed in subsection (c) of this section that are limited to the review of 16 | |
447 | + | services provided by the provider of health care; 17 | |
472 | 448 | ||
473 | - | (c) For purposes of this section, a medical review committee: | |
449 | + | (9) An organization, established by the Maryland Hospital Association, 18 | |
450 | + | Inc. and the Maryland State Medical Society, that contracts with a hospital, related 19 | |
451 | + | institution, or alternative delivery system to: 20 | |
474 | 452 | ||
475 | - | ( | |
476 | - | ||
453 | + | (i) Assist in performing the functions listed in subsection (c) of this 21 | |
454 | + | section; or 22 | |
477 | 455 | ||
478 | - | ( | |
479 | - | ||
456 | + | (ii) Assist a hospital in meeting the requirements of § 19–319(e) of 23 | |
457 | + | the Health – General Article; 24 | |
480 | 458 | ||
481 | - | ( | |
482 | - | ||
459 | + | (10) A committee appointed by or established in an accredited health 25 | |
460 | + | occupations school; 26 | |
483 | 461 | ||
484 | - | ( | |
485 | - | ||
462 | + | (11) An organization described under § 14–501 of this article that contracts 27 | |
463 | + | with a hospital, related institution, or health maintenance organization to: 28 | |
486 | 464 | ||
487 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to | |
488 | - | apply only prospectively to deaths that occur after the effective date of this Act and may | |
489 | - | not be applied or interpreted to have any effect on or application to any deaths that occurred | |
490 | - | before the effective date of this Act. | |
465 | + | (i) Assist in performing the functions listed in subsection (c) of this 29 | |
466 | + | section; or 30 | |
491 | 467 | ||
492 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
493 | - | October 1, 2022. | |
468 | + | (ii) Assist a health maintenance organization in meeting the 31 | |
469 | + | requirements of Title 19, Subtitle 7 of the Health – General Article, the National Committee 32 | |
470 | + | for Quality Assurance (NCQA), or any other applicable credentialing law or regulation; 33 | |
494 | 471 | ||
495 | - | Approved by the Governor, April 12, 2022. | |
472 | + | (12) An accrediting organization as defined in § 14–501 of this article; 34 HOUSE BILL 48 11 | |
473 | + | ||
474 | + | ||
475 | + | ||
476 | + | (13) A Mortality and Quality Review Committee established under § 5–802 1 | |
477 | + | of the Health – General Article or a Morbidity, Mortality, and Quality Review Committee 2 | |
478 | + | established under § 18–107 of the Health – General Article; 3 | |
479 | + | ||
480 | + | (14) A center designated by the Maryland Health Care Commission as the 4 | |
481 | + | Maryland Patient Safety Center that performs the functions listed in subsection (c)(1) of 5 | |
482 | + | this section; or 6 | |
483 | + | ||
484 | + | (15) The Maryland Health Care Commission or its staff, when performing 7 | |
485 | + | the functions listed in subsection (c) of this section, provided that the data or medical 8 | |
486 | + | information under review is furnished to the Maryland Health Care Commission by 9 | |
487 | + | another medical review committee. 10 | |
488 | + | ||
489 | + | (c) For purposes of this section, a medical review committee: 11 | |
490 | + | ||
491 | + | (1) Evaluates and seeks to improve the quality of health care provided by 12 | |
492 | + | providers of health care; 13 | |
493 | + | ||
494 | + | (2) Evaluates the need for and the level of performance of health care 14 | |
495 | + | provided by providers of health care; 15 | |
496 | + | ||
497 | + | (3) Evaluates the qualifications, competence, and performance of providers 16 | |
498 | + | of health care; or 17 | |
499 | + | ||
500 | + | (4) Evaluates and acts on matters that relate to the discipline of any 18 | |
501 | + | provider of health care. 19 | |
502 | + | ||
503 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 20 | |
504 | + | apply only prospectively to deaths that occur after the effective date of this Act and may 21 | |
505 | + | not be applied or interpreted to have any effect on or application to any deaths that occurred 22 | |
506 | + | before the effective date of this Act. 23 | |
507 | + | ||
508 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
509 | + | October 1, 2022. 25 | |
510 | + | ||
511 | + |