Section 7-408 - Mortician and funeral director rehabilitation committees. - Maryland Statutes

§ 7-408. Mortician and funeral director rehabilitation committees.
 

(a)  Mortician and funeral director rehabilitation committee.- In this section, "mortician and funeral director rehabilitation committee" means a committee that: 

(1) Is defined 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 mortician and funeral director rehabilitation committee is a committee of the Board or a committee of any association representing morticians and funeral directors that: 

(1) Is recognized by the Board; and 

(2) Includes but is not limited to morticians and funeral directors. 

(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 mortician and funeral director rehabilitation committee evaluates and provides assistance to any mortician or funeral director, 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 mortician and funeral director rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the mortician and funeral director rehabilitation committee. 

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the mortician and funeral director 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 mortician and funeral director rehabilitation committee is not civilly liable for any action as a member of the mortician and funeral director rehabilitation committee or for giving information to, participating in, or contributing to the function of the mortician and funeral director rehabilitation committee. 
 

[1990, ch. 6, § 11; ch. 661; 1992, ch. 155; 2007, chs. 185, 186.]