LAWRENCE J. HOGAN, JR., Governor Ch. 80
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Chapter 80
(House Bill 48)
AN ACT concerning
Public Health – Maryland Suicide Fatality Review Committee
FOR the purpose of establishing the Maryland Suicide Fatality Review Committee;
providing that a person has immunity from liability for certain actions related to the
Committee; providing for the sharing of information with and confidentiality of
information obtained by the Committee; exempting Committee meetings from the
Open Meetings Act; prohibiting certain persons from testifying in any proceeding
about details of a Committee meeting; and generally relating to the Maryland
Suicide Fatality Review Committee.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 5–637
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY adding to
Article – Health – General
Section 5–1001 through 5–1009 to be under the new subtitle “Subtitle 10. Maryland
Suicide Fatality Review Committee”
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 1–401(a)(1) and (3), (b), and (c)
Annotated Code of Maryland
(2021 Replacement Volume)
Preamble
WHEREAS, The Maryland Governor’s Commission on Suicide Prevention declared
that suicide deaths are a serious public health issue and have a tremendous family and
societal impact; and
WHEREAS, Veterans account for 18% of all suicide deaths in this State, as reported
by the National Violent Death Reporting System in 2013–2014; and
WHEREAS, The number of recorded suicide deaths in Maryland increased from 474
to 650 between 2000 and 2018, representing a 37% increase; and
Ch. 80 2022 LAWS OF MARYLAND
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WHEREAS, Across all ages, one–half of all persons who die by suicide in this State
experienced mental health problems; and
WHEREAS, Every year in this State, an average of 530 persons die by suicide; and
WHEREAS, More persons die by suicide in this State than die by homicide; and
WHEREAS, Suicide deaths are significantly underestimated and inadequately
documented, thus preventing efforts to identify and reduce or eliminate such deaths; and
WHEREAS, No process exists in this State for the confidential identification,
investigation, or dissemination of findings regarding suicide deaths; and
WHEREAS, Goal number one in the Maryland Center for Preventive Health
Services and the Partnership for a Safer Maryland’s Strategic Plan is to expand and refine
the current surveillance efforts to assess injury risks, inform intervention development,
and evaluate the impacts of injury prevention initiatives; and
WHEREAS, The U.S. National Strategy for Suicide Prevention, as issued by the U.S.
Office of the Surgeon General, recommends that suicide deaths be investigated through
state–based suicide mortality reviews to institute the systemic changes needed to decrease
suicide mortality; and
WHEREAS, There is a need to establish a statewide program to review suicide
deaths among persons in this State and to develop strategies for the prevention of suicide
deaths in this State; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
5–637.
(a) In this section, “medical review committee” has the meaning stated in § 1–401
of the Health Occupations Article.
(b) A person who acts in good faith and within the scope of the jurisdiction of a
medical review committee is not civilly liable for any action as a member of the medical
review committee or for giving information to, participating in, or contributing to the
function of the medical review committee.
Article – Health – General
SUBTITLE 10. MARYLAND SUICIDE FATALITY REVIEW COMMITTEE.
LAWRENCE J. HOGAN, JR., Governor Ch. 80
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5–1001.
IN THIS SUBTITLE, “STATE TEAM” MEANS THE MARYLAND SUICIDE FATALITY
REVIEW COMMITTEE.
5–1002.
(A) THERE IS A MARYLAND SUICIDE FATALITY REVIEW COMMITTEE, ALSO
REFERRED TO AS THE STATE TEAM.
(B) THE PURPOSE OF THE STATE TEAM IS TO IDEN TIFY AND ADDRESS THE
FACTORS CONTRIBUTING TO SUICIDE DEATHS AN D FACILITATE SYSTEM CHANGES IN
THE STATE TO PREVENT SUIC IDE DEATHS.
(C) (1) THE STATE TEAM SHALL INCL UDE THE FOLLOWING ME MBERS,
WHO SHALL SERVE ON A N EX OFFICIO BAS IS:
(I) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(II) THE DEPUTY SECRETARY OF THE BEHAVIORAL HEALTH
ADMINISTRATION , OR THE DEPUTY SECRETARY’S DESIGNEE; AND
(III) THE CHAIR OF THE GOVERNOR’S COMMISSION ON SUICIDE
PREVENTION.
(2) THE SECRETARY MAY INCLUDE IN THE STATE TEAM THE CHIEF
MEDICAL EXAMINER, OR THE CHIEF MEDICAL EXAMINER’S DESIGNEE.
(3) THE SECRETARY MAY INCLUDE THE FOLLOWING MEMBER S IN
THE STATE TEAM, AS DESIGNATED BY THE SECRETARY:
(I) A SUICIDOLOGIST OR AN ACADEMIC WITH A SPECIALTY IN
THE STUDY AND PREVEN TION OF SUICIDE;
(II) ONE REPRESENTATIVE OF HEALTH CARE PROVIDER S;
(III) ONE REPRESENTATIVE OF AN ORGANIZATION HAVI NG
EXPERTISE IN SUICIDE PREVENTION ;
(IV) ONE REPRESENTATIVE OF AN ORGANIZATION HAVI NG
EXPERTISE IN THE TREATMENT AND PREVENTION OF SUBSTA NCE ABUSE;
(V) ONE REPRESENTATIVE OF AN ORGANIZATION THAT
ADVOCATES FOR INDIVI DUALS WITH MENTAL IL LNESS; Ch. 80 2022 LAWS OF MARYLAND
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(VI) ONE REPRESENTATIVE OF LAW ENFORCEMENT OR
CORRECTIONAL SERVICE S; AND
(VII) ANY ADDITIONAL MEM BERS DETERMINED TO B E
NECESSARY BY THE SECRETARY TO CARRY OU T THE PURPOSE OF THI S SUBTITLE,
WHICH MAY INCLUDE RE PRESENTATIVES FROM R ELEVANT DISCIPLINES AND
RELEVANT COMMUNITY –BASED ORGANIZATIONS .
(D) THE STATE TEAM SHALL ELEC T THE CHAIR OF THE STATE TEAM BY A
MAJORITY VOTE .
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE STATE TEAM.
(F) ALL MEMBERS OF THE STATE TEAM SHALL BE V OTING MEMBERS .
(G) (1) EACH MEMBER DESIGNATE D UNDER SUBSECTION (C)(3) OF THIS
SECTION SHALL SERVE ON THE STATE TEAM FOR A TERM OF 3 YEARS AND MAY BE
REAPPOINTED .
(2) AT THE END OF A TERM , A MEMBER DESIGNATED UNDER
SUBSECTION (C)(3) OF THIS SECTION CONT INUES TO SERVE UNTIL A SUCCESSOR IS
APPOINTED.
(3) ALL VACANCIES SHAL L BE FILLED BY THE D ESIGNATING
AUTHORITY IN ACCORDA NCE WITH THIS SECTIO N.
(H) A MEMBER OF THE STATE TEAM:
(1) MAY NOT RECEIVE COMPE NSATION FOR SERVICE ON THE STATE
TEAM; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(I) TO THE EXTENT THAT FU NDS ARE AVAILABLE , THE STATE TEAM MAY
HIRE STAFF OR CONSUL TANTS TO ASSIST THE STATE TEAM IN CARRYIN G OUT ITS
DUTIES.
5–1003.
(A) THE STATE TEAM SHALL :
(1) MEET AT LEAST Q UARTERLY TO REVIEW S UICIDE DEATHS , LAWRENCE J. HOGAN, JR., Governor Ch. 80
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CONSISTENT WITH THE REQUIREMENTS OF THIS SUBTITLE;
(2) MAKE DETERMINATIONS R EGARDING:
(I) THE FOLLOWING ISSUES RELATED TO INDIVIDUA LS AT RISK
FOR SUICIDE:
1. TRENDS;
2. RISK FACTORS;
3. CURRENT BEST PRACTICES IN SUICIDE PREVENTION ;
4. LAPSES IN SYSTEMIC RE SPONSES; AND
5. BARRIERS TO SAFETY AN D WELL–BEING; AND
(II) STRATEGIES FOR THE PR EVENTION OF SUICIDE DEATHS;
(3) REPORT AT LEAST ANNUA LLY TO THE GOVERNOR AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
ASSEMBLY ON:
(I) THE STATE TEAM’S ACTIVITIES; AND
(II) THE STATE TEAM’S RECOMMENDATIONS ON :
1. CHANGING ANY LAW OR P OLICY IN A MANNER TH AT
WOULD PROMOTE THE PR EVENTION OF SUICIDE DEATHS; AND
2. IMPROVING THE AVAILAB ILITY OF SOURCES OF
INFORMATION RELATING TO THE INVESTIGATION OF REPORTED SUICIDE
FATALITIES;
(4) UNDERTAKE ANNUAL STAT ISTICAL STUDIES OF :
(I) THE INCIDENTS AND CAU SES OF SUICIDE MORTA LITY IN
THE STATE; AND
(II) TRENDS AND PATTERNS OF SUICIDE DEATHS IN TH E STATE;
AND
(5) DISSEMINATE FINDINGS AND RECOMMENDATIONS BASED ON THE
STUDIES CONDUCTED UN DER ITEM (4) OF THIS SUBSECTION T O POLICYMAKERS , Ch. 80 2022 LAWS OF MARYLAND
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HEALTH CARE PROVIDER S, HEALTH CARE FACILITI ES, AND THE PUBLIC .
(B) THE STATE TEAM MAY PERIOD ICALLY MAKE AVAILABL E, IN A GENERAL
MANNER THAT DOES NOT REVEAL CONFIDENTIAL INFORMATION ABOUT IN DIVIDUAL
CASES, ONLY THE AGGREGATE F INDINGS OF THE STATE TEAM’S REVIEWS AND THEIR
RECOMMENDATIONS FOR PREVENTIVE ACTIONS .
5–1004.
A PERSON SHALL HAVE THE IMMUNITY FROM LIABIL ITY UNDER § 5–637 OF
THE COURTS ARTICLE FOR ANY ACTIO N AS A MEMBER OF THE STATE TEAM OR FOR
GIVING INFORMATION T O, PARTICIPATING IN , OR CONTRIBUTING TO T HE FUNCTION
OF THE STATE TEAM.
5–1005.
(A) THE STATE TEAM IS A PUBLIC HEALTH A UTHORITY, AS DEFINED IN 45
C.F.R. § 164.501, CONDUCTING PUBLIC HE ALTH ACTIVITIES IN A CCORDANCE WITH
THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
(B) ON REQUEST OF THE CHA IR OF THE STATE TEAM AND AS NEC ESSARY TO
CARRY OUT THE STATE TEAM’S PURPOSE AND DUTIES , A HEALTH CARE PROVID ER
OR A STATE OR LOCAL GOVERN MENT AGENCY IMMEDIAT ELY SHALL PROVIDE TO
THE STATE TEAM ANY RECORD S OF THE HEALTH CARE PROVIDER OR STATE OR
LOCAL GOVERNMENT AGE NCY NECESSARY TO COM PLETE THE REVIE W OF A
SPECIFIC FATALITY , INCLUDING:
(1) HOSPITAL RECORDS ;
(2) OUTPATIENT CLINIC , HEALTH CARE PROVIDER , AND
LABORATORY RECORDS ;
(3) POLICE INVESTIGATION DATA;
(4) MEDICAL EXAMINER INVE STIGATIVE DATA;
(5) CAUSE–OF–DEATH INFORMATION IN VITAL RECORDS;
(6) SOCIAL SERVICES RECOR DS; AND
(7) OTHER RECORDS FROM STATE OFFICES , AGENCIES, AND
DEPARTMENTS .
(C) THE STATE TEAM MAY REQUES T THAT A PERSON WITH DIRECT LAWRENCE J. HOGAN, JR., Governor Ch. 80
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KNOWLEDGE OF CIRCUMS TANCES SURROUNDING A FATALITY PROVIDE THE STATE
TEAM WITH INFORM ATION NECESSARY TO C OMPLETE THE REVIEW O F THE
PARTICULAR FATALITY , INCLUDING INFORMATIO N FROM:
(1) A HEALTH CARE PROVIDER OR STAFF INVOLVED IN THE CARE OF
THE DECEDENT ; AND
(2) THE PERSON WHO FIRST RESPONDED TO A REPOR T CONCERNING
THE DECEDENT .
(D) THE STATE TEAM:
(1) MAY SHARE INFORMATION WITH OTHER PUBLIC HE ALTH
AUTHORITIES OR THEIR DESIGNEES AS THE STATE TEAM DETERMINES NECESSARY
TO CARRY OUT THE PUR POSES OF THIS SUBTIT LE; AND
(2) SHALL COORDINATE WITH THE STATE’S CHILD FATALITY
REVIEW AND DRUG OVERDOSE FATALITY REVIEW TEAMS TO SHARE AND RECEIVE
INFORMATION RELEVANT TO THE STATE TEAM ’S FINDINGS AND TO EN SURE
EFFICIENCY IN THE WO RK OF THE TEAMS .
(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
ALL INFORMATION AND RECORDS ACQU IRED BY THE STATE TEAM IN THE EXE RCISE
OF ITS DUTIES:
(I) SHALL BE CONFIDENTIAL ;
(II) SHALL BE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC
INFORMATION ACT; AND
(III) MAY NOT BE SUBJECT TO DISCOVERY OR INTRODU CTION
INTO EVIDENCE IN ANY PROCEEDINGS .
(2) INFORMATION MAY BE DI SCLOSED AS NECESSARY AND IN A
MANNER CONSISTENT WI TH THIS SUBTITLE TO CARRY OUT THE PURPOS ES OF THIS
SUBTITLE.
(F) MENTAL HEALTH RECORDS ARE SUBJECT TO THE A DDITIONAL
LIMITATIONS UNDER § 4–307 OF THIS ARTICLE FOR DISCLOSURE OF A MEDICAL
RECORD DEVELOPED PRI MARILY IN CONNECTION WITH THE PROVISION O F MENTAL
HEALTH SERVICES .
5–1006.
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(A) MEETINGS OF THE STATE TEAM SHALL BE C LOSED TO THE PUBLIC AND
ARE NOT SUBJECT TO T HE OPEN MEETINGS ACT.
(B) A MEMBER OF THE STATE TEAM OR ATT ENDEE OF A STATE TEAM
MEETING MAY NOT :
(1) RELEASE TO THE PUBLIC OR THE NEWS MEDIA IN FORMATION
DISCUSSED AT MEETING S; OR
(2) EXCEPT AS PROVIDED IN § 5–1007 OF THIS SUBTITLE , TESTIFY IN
ANY PROCEEDING ABOUT DETAILS OF A STATE TEAM MEETING , INCLUDING ANY
INFORMATION PRESENTE D AT THE MEETING , OR ABOUT OPINIONS FO RMED BY THE
INDIVIDUAL BECAUSE O F THE MEETING.
(C) EACH MEMBER OF THE STATE TEAM AND ANY AT TENDEE OF A MEETING
OF THE STATE TEAM SHALL SIGN A STATEMENT INDICATI NG AN UNDERSTANDING
OF AND ADHERENCE TO THE STATE TEAM’S CONFIDENTIALITY RE QUIREMENTS ,
INCLUDING ANY POTENT IAL CIVIL OR CRIMINA L CONSEQUENCES FOR A BREACH OF
CONFIDENTIALITY UNDE R THIS SECTION.
5–1007.
THIS SUBTITLE MAY NOT BE CONSTRUED TO PROH IBIT A PERSON FROM :
(1) TESTIFYING IN A CIVIL OR CRIMINAL ACTION A BOUT MATTERS
THAT OCCURRED IN A STATE TEAM MEETING IF THE TESTIMONY WILL B E BASED ON
THE PERSON’S INDEPENDENT KNOWLE DGE; OR
(2) INVESTIGATING OR REVI EWING A SUICIDE DEAT H UNDER ANY
OTHER PROVISION OF L AW.
5–1008.
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE ,
INCLUDING REGULATION S ON:
(1) THE PROCEDURES BY WHI CH HEALTH CARE PROVIDERS , HEALTH
CARE FACILITIES, AND OTHER PERSONS ID ENTIFY AND REPORT SU ICIDE DEATHS TO
THE DEPARTMENT OR AS DIRE CTED BY THE DEPARTMENT ;
(2) THE PROTOCOLS , PROCEDURES , METHODS, MANNER, AND
EXTENT OF ALL INVEST IGATIONS AND REVIEWS BY THE STATE TEAM; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 80
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(3) THE MANNER IN AND EXT ENT TO WHICH INFORMA TION SHALL BE
DISSEMINATED UNDER T HIS SUBTITLE.
5–1009.
THIS SUBTITLE MAY BE CITED AS THE MARYLAND SUICIDE MORTALITY
REVIEW AND PREVENTION ACT.
Article – Health Occupations
1–401.
(a) (1) In this section the following words have the meanings indicated.
(3) “Medical 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 functions that include at least one of the functions
listed in subsection (c) of this section.
(b) For purposes of this section, a medical review committee is:
(1) A regulatory board or agency established by State or federal law to
license, certify, or discipline any provider of health care;
(2) A committee of the Maryland State Medical Society or any of its
component societies or a committee of any other professional society or association
composed of providers of health care;
(3) A committee appointed by or established in the Department or a local
health department for review purposes;
(4) A committee appointed by or established in the Maryland Institute for
Emergency Medical Services Systems;
(5) A committee of the medical staff or other committee, including any risk
management, credentialing, or utilization review committee established in accordance with
§ 19–319 of the Health – General Article, of a hospital, related institution, or alternative
health care system, if the governing board of the hospital, related institution, or alternative
health care system forms and approves the committee or approves the written bylaws under
which the committee operates;
(6) A committee or individual designated by the holder of a pharmacy
permit, as defined in § 12–101 of this article, that performs the functions listed in Ch. 80 2022 LAWS OF MARYLAND
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subsection (c) of this section, as part of a pharmacy’s ongoing quality assurance program;
(7) Any person, including a professional standard review organization, who
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;
(8) Any person who contracts with a provider of health 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 health care;
(9) An organization, established by the Maryland Hospital Association,
Inc. and the Maryland State Medical Society, that contracts with a hospital, related
institution, or alternative delivery system to:
(i) Assist in performing the functions listed in subsection (c) of this
section; or
(ii) Assist a hospital in meeting the requirements of § 19–319(e) of
the Health – General Article;
(10) A committee appointed by or established in an accredited health
occupations school;
(11) An organization described under § 14–501 of this article that contracts
with a hospital, related institution, or health maintenance organization to:
(i) Assist in performing the functions listed in subsection (c) of this
section; or
(ii) Assist a health maintenance organization in meeting the
requirements of Title 19, Subtitle 7 of the Health – General Article, the National Committee
for Quality Assurance (NCQA), or any other applicable credentialing law or regulation;
(12) An accrediting organization as defined in § 14–501 of this article;
(13) A Mortality and Quality Review Committee established under § 5–802
of the Health – General Article or a Morbidity, Mortality, and Quality Review Committee
established under § 18–107 of the Health – General Article;
(14) A center designated by the Maryland Health Care Commission as the
Maryland Patient Safety Center that performs the functions listed in subsection (c)(1) of
this section; or
(15) The Maryland Health Care Commission or its staff, when performing
the functions listed in subsection (c) of this section, provided that the data or medical
information under review is furnished to the Maryland Health Care Commission by LAWRENCE J. HOGAN, JR., Governor Ch. 80
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another medical review committee.
(c) For purposes of this section, a medical review committee:
(1) Evaluates and seeks to improve the quality of health care provided by
providers of health care;
(2) Evaluates the need for and the level of performance of health care
provided by providers of health care;
(3) Evaluates the qualifications, competence, and performance of providers
of health care; or
(4) Evaluates and acts on matters that relate to the discipline of any
provider of health care.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively to deaths that occur after the effective date of this Act and may
not be applied or interpreted to have any effect on or application to any deaths that occurred
before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 12, 2022.