Section 17-515 - Counselor and therapist rehabilitation committees. - Maryland Statutes

§ 17-515. Counselor and therapist rehabilitation committees.
 

(a)  "Counselor and therapist rehabilitation committee" defined.- In this section, "counselor and therapist rehabilitation committee" means a committee that: 

(1) Is described in subsection (b) of this section; and 

(2) Performs any of the functions listed in subsection (d) of this section. 

(b)  In general.- For purposes of this section, a counselor and therapist rehabilitation committee is a committee of the Board or a committee of any association or associations representing alcohol and drug counselors, marriage and family therapists, or professional counselors that: 

(1) Is recognized by the Board; and 

(2) Includes but is not limited to alcohol and drug counselors, marriage and family therapists, and professional counselors. 

(c)  Scope of authority.- A rehabilitation committee of the Board or recognized by the Board may function: 

(1) Solely for the Board; or 

(2) Jointly with a rehabilitation committee representing another board or boards. 

(d)  Duties.- For purposes of this section, a counselor and therapist rehabilitation committee evaluates and provides assistance to any alcohol and drug counselor, marriage and family therapist, professional counselor, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. 

(e)  Discoverability and admissibility of proceedings, records and files.-  

(1) Except as otherwise provided in this subsection, the proceedings, records, and files of the counselor and therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the counselor and therapist rehabilitation committee. 

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the counselor and therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. 

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. 

(f)  Good faith exemption from civil liability.- A person who acts in good faith and within the scope of jurisdiction of a counselor and therapist rehabilitation committee is not civilly liable for any action as a member of the counselor and therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the counselor and therapist rehabilitation committee. 
 

[2008, ch. 505, § 2.]