reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-606 - Certifications by Physicians

(a)    (1)    Prior to providing, withholding, or withdrawing treatment for which authorization has been obtained or will be sought under this subtitle, the attending physician and a second physician or a nurse practitioner, one of whom shall have examined the patient within 2 hours before making the certification, shall certify in writing that the patient is incapable of making an informed decision regarding the treatment. The certification shall be based on a personal examination of the patient.
(2)    If a patient is unconscious, or unable to communicate by any means, the certification of a second physician or a nurse practitioner is not required under paragraph (1) of this subsection.
(3)    When authorization is sought for treatment of a mental illness, the second physician or the nurse practitioner may not be otherwise currently involved in the treatment of the person assessed.
(4)    The cost of an assessment to certify incapacity under this subsection shall be considered for all purposes a cost of the patient’s treatment.
(b)    A health care provider may not withhold or withdraw life–sustaining procedures on the basis of an advance directive where no agent has been appointed or on the basis of the authorization of a surrogate, unless:
(1)    The patient’s attending physician and a second physician or a nurse practitioner have certified that the patient is in a terminal condition or has an end–stage condition; or
(2)    Two physicians, one of whom is a neurologist, neurosurgeon, or other physician who has special expertise in the evaluation of cognitive functioning, certify that the patient is in a persistent vegetative state.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-607 - Treatment Without Consent

A health care provider may treat a patient who is incapable of making an informed decision, without consent, if:
(1)    The treatment is of an emergency medical nature;
(2)    A person who is authorized to give the consent is not available immediately; and
(3)    The attending physician determines that:
(i)    There is a substantial risk of death or immediate and serious harm to the patient; and
(ii)    With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-609 - Immunity From Liability; Burden of Proof; Presumption

(a)    (1)    A health care provider is not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing authority as a result of withholding or withdrawing any health care under authorization obtained in accordance with this subtitle.
(2)    A health care provider providing, withholding, or withdrawing treatment under authorization obtained under this subtitle does not incur liability arising out of any claim to the extent the claim is based on lack of consent or authorization for the action.
(b)    A person who authorizes the provision, withholding, or withdrawal of life–sustaining procedures in accordance with a patient’s advance directive, a “Medical Orders for Life–Sustaining Treatment” form, or as otherwise provided in this subtitle is not subject to:
(1)    Criminal prosecution or civil liability for that action; or
(2)    Liability for the cost of treatment solely on the basis of that authorization.
(c)    (1)    The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the provision, withholding, or withdrawal of life–sustaining procedures in accordance with this subtitle did not, in good faith, comply with the provisions of this subtitle.
(2)    The distribution to patients of written advance directives in a form provided in this subtitle and assistance to patients in the completion and execution of such forms does not constitute the unauthorized practice of law.
(d)    An advance directive made in accordance with this subtitle shall be presumed to have been made voluntarily by a competent individual. Authorization for the provision, withholding, or withdrawal of life–sustaining procedures in accordance with this subtitle shall be presumed to have been made in good faith.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-610 - Willful Destruction, Concealment, Damage, etc., of Declaration or Revocation; Penalties

(a)    Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the declarant’s or patient’s consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-sustaining procedures to be utilized in contravention of the previously expressed intent of the patient, shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
(b)    Any person who falsifies or forges the advance directive of another, or falsifies or forges an affidavit under § 5-605 of this subtitle, or willfully conceals or withholds personal knowledge of the revocation of an advance directive with the intent to cause a withholding or withdrawal of life-sustaining procedures, contrary to the wishes of the declarant and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
(c)    The penalties provided in this section shall be in addition to any other penalties provided by law.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-611 - Medically Ineffective Treatment Not Required; Mercy Killing or Euthanasia Prohibited; Construction of Subtitle

(a)    Except as provided in § 5–613(a)(3) of this subtitle, nothing in this subtitle may be construed to require a physician or physician assistant to prescribe or render medical treatment to a patient that the physician or physician assistant determines to be ethically inappropriate.
(b)    (1)    Except as provided in § 5–613(a)(3) of this subtitle, nothing in this subtitle may be construed to require a physician or physician assistant to prescribe or render medically ineffective treatment.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, a patient’s attending physician may withhold or withdraw as medically ineffective a treatment that under generally accepted medical practices is life–sustaining in nature only if the patient’s attending physician and a second physician certify in writing that the treatment is medically ineffective and the attending physician informs the patient or the patient’s agent or surrogate of the physician’s decision.
(ii)    If the patient is being treated in the emergency department of a hospital and only one physician is available, the certification of a second physician is not required.
(c)    Nothing in this subtitle may be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
(d)    A health care provider shall make reasonable efforts to provide an individual with food and water by mouth and to assist the individual as needed to eat and drink voluntarily.
(e)    (1)    Nothing in this subtitle is intended to preclude a separate decision by a health care agent or surrogate regarding the provision of or the withholding or withdrawal of nutrients and fluids administered by artificial means.
(2)    Nothing in this subtitle authorizes any action with respect to medical treatment, if the health care provider is aware that the patient for whom the health care is provided has expressed disagreement with the action.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-612 - Petition by Health Care Provider; Court Action

(a)    (1)    A health care provider for an individual incapable of making an informed decision who believes that an instruction to withhold or withdraw a life-sustaining procedure from the patient is inconsistent with generally accepted standards of patient care shall:
(i)    Petition a patient care advisory committee for advice concerning the withholding or withdrawal of the life-sustaining procedure from the patient if the patient is in a hospital or related institution; or
(ii)    File a petition in a court of competent jurisdiction seeking injunctive or other relief relating to the withholding or withdrawal of the life-sustaining procedure from the patient.
(2)    In reviewing a petition filed under paragraph (1) of this subsection, the court shall follow the standards set forth in §§ 13-711 through 13-713 of the Estates and Trusts Article.
(b)    On petition of the patient’s spouse, domestic partner, a parent, adult child, grandchild, brother, or sister of the patient, or a friend or other relative who has qualified as a surrogate under § 5–605 of this subtitle to a circuit court of the county or city in which the patient for whom treatment will be or is currently being provided, withheld, or withdrawn under this subtitle resides or is located, the court may enjoin that action upon finding by a preponderance of the evidence that the action is not lawfully authorized by this subtitle or by other State or federal law.
(c)    Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:
(1)    Take precedence on the docket;
(2)    Be heard at the earliest practicable date; and
(3)    Be expedited in every way.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-613 - Transfer of Patient by Health Care Provider Who Refuses to Comply With Advance Directive or Treatment Decision

(a)    A health care provider that intends not to comply with an instruction of a health care agent or a surrogate shall:
(1)    Inform the person giving the instruction that:
(i)    The health care provider declines to carry out the instruction;
(ii)    The person may request a transfer to another health care provider; and
(iii)    The health care provider will make every reasonable effort to transfer the patient to another health care provider;
(2)    Assist in the transfer; and
(3)    Pending the transfer, comply with an instruction of a competent individual, or of a health care agent or surrogate for an individual who is incapable of making an informed decision, if a failure to comply with the instruction would likely result in the death of the individual.
(b)    Nothing in this section authorizes a health care provider to provide health care to:
(1)    A competent individual over the objection of that individual; or
(2)    An individual incapable of making an informed decision over the objection of another person authorized by law to consent to the provision of health care for the individual.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-614 - Effect of Declaration; Suicide; Insurance; Declarations Executed Prior to Effective Date

(a)    The withholding or withdrawal of life-sustaining procedures in accordance with the provisions of this subtitle shall not, for any purpose, constitute a suicide.
(b)    (1)    The making of an advance directive under this subtitle does not affect the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance.
(2)    A policy of life insurance shall not be legally impaired or invalidated by the withholding or withdrawal of life-sustaining procedures from an insured patient in accordance with this subtitle, notwithstanding any term of the policy to the contrary.
(c)    A person may not be required to make an advance directive as a condition for being insured for, or receiving, health care services.
(d)    Any declaration of a patient or any designation of an agent made prior to October 1, 1993 shall be given full force and effect as provided in this subtitle.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-615.1 - Electronic Advance Directives -- Duties of Department; Outreach

The Department shall:
(1)    Encourage the use of electronic advance directives;
(2)    Carry out appropriate educational and outreach efforts to increase public awareness of electronic advance directives; and
(3)    Encourage the following persons and entities to engage in outreach efforts regarding electronic advance directives:
(i)    The Maryland Department of Aging;
(ii)    County ombudspersons;
(iii)    Local health departments;
(iv)    Senior living facilities;
(v)    Academic institutions;
(vi)    Religious organizations;
(vii)    Hospitals; and
(viii)    Other similar persons or entities.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-616 - Preservation of Existing Right; Advance Directives Executed Before Effective Date

(a)    The provisions of this subtitle are cumulative with existing law regarding an individual’s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities which a health care provider, a patient, including a minor or incompetent patient, or a patient’s family may have in regard to the provision, withholding, or withdrawal of life-sustaining procedures under the common law or statutes of the State.
(b)    A valid living will or durable power of attorney for health care made prior to October 1, 1993 shall be given effect as provided in this article, even if not executed in accordance with the terms of this article.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-617 - Reciprocity

An advance directive, an emergency medical services “do not resuscitate order”, or an order regarding life–sustaining treatment executed in another state shall be deemed to be validly executed for the purposes of this subtitle if executed in compliance with the laws of Maryland or the laws of the state where executed. Advance directives, emergency medical services “do not resuscitate orders”, or an order regarding life–sustaining treatment executed in another state shall be construed to give effect to the patient’s wishes to the extent permitted by the laws of Maryland.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part II - Advance Directive Program › Section 5-619 - Definitions

(a)    In this Part II of this subtitle the following words have the meanings indicated.
(b)    “Advance directive” has the meaning stated in § 5–601 of this subtitle.
(c)    “Registrant” means an individual who registers an advance directive with an electronic advance directives service recognized by the Maryland Health Care Commission.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part II - Advance Directive Program › Section 5-622 - Electronic Advance Directives Service

(a)    (1)    To facilitate the use of cloud–based technology for electronic advance directives, the Department shall issue a request for proposals from and contract with an electronic advance directives service or multiple electronic advance directives services to connect with health care providers at the point of care through the State–designated health information exchange.
(2)    An electronic advance directives service shall:
(i)    Be approved by the Maryland Health Care Commission; and
(ii)    Meet the technology, security, and privacy standards set by the Maryland Health Care Commission.
(b)    The Department shall carry out appropriate educational and outreach efforts to increase public awareness of an electronic advance directives service recognized by the Maryland Health Care Commission.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part II - Advance Directive Program › Section 5-623 - Registration; Notification of Amendment or Revocation; Validity Regardless of Submission to Service

(a)    An individual may register an advance directive with an electronic advance directives service recognized by the Maryland Health Care Commission.
(b)    (1)    The registrant shall notify the electronic advance directives service recognized by the Maryland Health Care Commission if the registrant has amended or revoked a registered advance directive.
(2)    A health care provider that becomes aware that a registrant has amended or revoked a registered advance directive shall, at the request of the registrant, provide the registrant with information on how to notify the electronic advance directives service recognized by the Maryland Health Care Commission.
(c)    (1)    Except as provided in paragraph (2) of this subsection, an individual is not required to submit an advance directive to an electronic advance directives service recognized by the Maryland Health Care Commission.
(2)    An individual shall submit an electronic advance directive that is not witnessed to an electronic advance directives service that is recognized by the Maryland Health Care Commission.
(d)    Nothing in this Part II of this subtitle affects the validity of an advance directive that is not submitted to an electronic advance directives service recognized by the Maryland Health Care Commission.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part II - Advance Directive Program › Section 5-625 - Liability of Health Care Providers

A health care provider is not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing authority for:
(1)    Failure to access an electronic advance directives service recognized by the Maryland Health Care Commission; or
(2)    Relying on information provided by an electronic advance directives service recognized by the Maryland Health Care Commission.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part II - Advance Directive Program › Section 5-626 - Advance Directive Program Fund

(a)    In this section, “Fund” means the Advance Directive Program Fund.
(b)    There is an Advance Directive Program Fund.
(c)    The purpose of the Fund is to provide funding to carry out the purposes of the Advance Directive Program established under § 5–620 of this subtitle.
(d)    The Department shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Money transferred to the Fund under § 6–103.1 of the Insurance Article;
(2)    Interest earned under subsection (h) of this section; and
(3)    Any other money received from any other lawful source accepted for the benefit of the Fund.
(g)    Money in the Fund may be used only to carry out the purposes of the Advance Directive Program established under § 5–620 of this subtitle.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child” means an individual under the age of 18 years.
(c)    “Child death review case reporting system” means a national, standardized, web–based reporting system for the confidential collection, analysis, aggregation, and reporting of child death data that is maintained and operated by a national center for child death review.
(d)    “Data use agreement” means a contract between the Department and a national center for child death review that establishes the terms and conditions for the State and local child fatality review teams’ participation in a child death review case reporting system.
(e)    “Health care provider” means:
(1)    An individual licensed or certified under the Health Occupations Article to provide health care; or
(2)    A facility that provides health care to individuals.
(f)    “Local team” means the multidisciplinary and multiagency child fatality review team established for a county.
(g)    “Meeting” includes meetings through telephone conferencing.
(h)    “National center for child death review” means a public, private, nonprofit, or governmental organization or entity that is funded or otherwise recognized by the United States Department of Health and Human Services and is responsible for:
(1)    Developing a child death review case reporting system;
(2)    Training and serving as a liaison to State agencies participating in the system; and
(3)    Disseminating national child death review data generated by the system.
(i)    “State Team” means the State Child Fatality Review Team.
(j)    “Unexpected child death” means a death of a child investigated by the office of the Chief Medical Examiner as required by § 5–309 of this title.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-703 - Membership

(a)    The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:
(1)    The Attorney General or the Attorney General’s designee;
(2)    The Chief Medical Examiner or the Chief Medical Examiner’s designee;
(3)    The Secretary of Human Services or the Secretary’s designee;
(4)    The Secretary of Health or the Secretary’s designee;
(5)    The State Superintendent of Schools or the Superintendent’s designee;
(6)    The Secretary of Juvenile Services or the Secretary’s designee;
(7)    The Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services or the Deputy Director’s designee;
(8)    The Secretary of State Police or the Secretary’s designee;
(9)    The president of the State’s Attorneys’ Association or the president’s designee;
(10)    The chief of the Division of Vital Records of the Department or the chief’s designee;
(11)    A representative of the Center for Infant and Child Loss;
(12)    The Director of the Behavioral Health Administration of the Department or the Director’s designee;
(13)    Two pediatricians with experience in diagnosing and treating injuries and child abuse and neglect, appointed by the Governor from a list submitted by the State Chapter of the American Academy of Pediatrics; and
(14)    Eleven members of the general public with interest or expertise in child safety and welfare, appointed by the Governor, including child advocates, CASA volunteers, health and mental health professionals, and attorneys who represent children.
(b)    The members described under subsection (a)(1) through (12) of this section may designate representatives from their departments or offices to represent them on the State Team.
(c)    The State Team may employ a staff in accordance with the State budget. Each member of the Team under subsection (a)(1) through (12) of this section shall provide sufficient staff support to complete the State Team’s responsibilities.
(d)    Members of the State Team shall serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.
(e)    The State Team shall select a chairperson from among its members.
(f)    The State Team shall meet not less than once every 3 months.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-705 - Local Child Fatality Review Teams -- Established

(a)    (1)    Except as provided in paragraph (2) of this subsection, there shall be a multidisciplinary and multiagency child fatality review team in each county.
(2)    Instead of a local team in each county, two or more counties may agree to establish a single multicounty local team.
(3)    A multicounty local team shall execute a memorandum of understanding on membership, staffing, and operation.
(b)    The local team membership shall be drawn from the following individuals, organizations, agencies, and areas of expertise, when available:
(1)    The county health officer;
(2)    The director of the local department of social services;
(3)    The State’s Attorney;
(4)    The superintendent of schools;
(5)    A State, county, or municipal law enforcement officer;
(6)    The director of the county substance abuse treatment program;
(7)    The chief attorney who represents the local department of social services in child welfare proceedings;
(8)    The Early Childhood Development Division in the State Department of Education;
(9)    The director of the county mental health agency or core service agency;
(10)    A pediatrician with experience in diagnosing and treating injuries and child abuse and neglect, appointed by the county health officer;
(11)    A psychiatrist or psychologist with experience in child abuse and neglect or child injury, appointed by the director of the county mental health agency, core service agency, or local behavioral health authority;
(12)    A member of the general public with interest or expertise in the prevention and treatment of child abuse and neglect, appointed by the county health officer; and
(13)    Any other individual necessary to the work of the local team, recommended by the local team and appointed by the county health officer.
(c)    The members described under subsection (b)(1) through (9) of this section may designate representatives from their departments or offices to represent them on the local team.
(d)    From among its members, each local team shall elect a chairperson by majority vote.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-706 - Local Child Fatality Review Teams -- Purpose; Duties

(a)    The purpose of the local team is to prevent child deaths by:
(1)    Promoting cooperation and coordination among agencies involved in investigations of child deaths or in providing services to surviving family members;
(2)    Developing an understanding of the causes and incidence of child deaths in the county;
(3)    Developing plans for and recommending changes within the agencies the members represent to prevent child deaths; and
(4)    Advising the State Team on changes to law, policy, or practice to prevent child deaths.
(b)    To achieve its purpose, the local team shall:
(1)    In consultation with the State Team, establish and implement a protocol for the local team;
(2)    Set as its goal the investigation of child deaths in accordance with national standards;
(3)    Meet at least quarterly to review the status of child fatality cases, recommend actions to improve coordination of services and investigations among member agencies, and recommend actions within the member agencies to prevent child deaths;
(4)    Collect and maintain data as required by the State Team;
(5)    Provide requested reports to the State Team, including discussion of individual cases, steps taken to improve coordination of services and investigations, steps taken to implement changes recommended by the local team within member agencies, and recommendations on needed changes to State and local law, policy, and practice to prevent child deaths; and
(6)    In consultation with the State Team:
(i)    Define “near fatality”; and
(ii)    Develop procedures and protocols that local teams and the State Team may use to review cases of near fatality.
(c)    In addition to the duties specified in subsection (b) of this section, a local team may investigate the information and records of a child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality described in § 5–707 of this subtitle.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-707 - Local Child Fatality Review Teams -- Investigations

Upon request of the chair of the local team and as necessary to carry out the local team’s purpose and duties, the local team shall be immediately provided:
(1)    Access to information and records, including information on prenatal care, maintained by a health care provider regarding:
(i)    A child whose death is being reviewed by the local team; or
(ii)    A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; and
(2)    Access to all information and records maintained by any State or local government agency, including birth certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to:
(i)    A child whose death is being reviewed by the local team;
(ii)    A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; or
(iii)    The family of a child described in item (i) or (ii) of this paragraph.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-708 - Meetings

(a)    Meetings of the State Team and of local teams shall be closed to the public and not subject to Title 3 of the General Provisions Article when the State Team or local teams are discussing individual cases of child deaths.
(b)    Except as provided in subsection (c) of this section, meetings of the State Team and of local teams shall be open to the public and subject to Title 3 of the General Provisions Article when the State Team or local team is not discussing individual cases of child deaths.
(c)    (1)    During a public meeting, information may not be disclosed that identifies:
(i)    A deceased child;
(ii)    A family member, guardian, or caretaker of a deceased child;
(iii)    An alleged or suspected perpetrator of abuse or neglect upon a child; or
(iv)    A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.
(2)    During a public meeting, information may not be disclosed regarding the involvement of any agency with:
(i)    A deceased child;
(ii)    A family member, guardian, or caretaker of a deceased child;
(iii)    An alleged or suspected perpetrator of abuse or neglect upon a child; or
(iv)    A child convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality.
(d)    This section does not prohibit the State Team or a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.
(e)    Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 7 - Child Fatality Review Teams › Section 5-709 - Disclosure of Records and Information

(a)    All information and records acquired by the State Team or by a local team, in the exercise of its purpose and duties under this subtitle, are confidential, exempt from disclosure under Title 4 of the General Provisions Article, and may only be disclosed as necessary to carry out the team’s duties and purposes.
(b)    Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records.
(c)    Reports of the State Team and of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information.
(d)    Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting that is not public under § 5-708 of this subtitle or any information the disclosure of which is prohibited by this section.
(e)    Members of a team, persons attending a team meeting, and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting. This subsection does not prohibit a person from testifying to information obtained independently of the team or that is public information.
(f)    (1)    Except as provided in paragraph (2) of this subsection, information, documents, and records of the State Team or of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2)    Information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by a team.
(g)    Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-802 - Established; Purpose. [Effective Until January 1, 2033]

(a)    There is a Mortality Review Committee established within the Department.
(b)    The purpose of the Committee is to prevent avoidable deaths and to improve the quality of care provided to persons with developmental disabilities.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-803 - Duties. [Effective Until January 1, 2033]

The Committee shall:
(1)    Evaluate causes or factors contributing to deaths in facilities or programs:
(i)    Operated or licensed by the Developmental Disabilities Administration;
(ii)    Licensed by the Behavioral Health Administration to provide mental health services and identified in § 10–713(a) of this article; or
(iii)    Operating by waiver under § 7–903(b) of this article;
(2)    Identify patterns and systemic problems and ensure consistency in the review process; and
(3)    Make recommendations to the Secretary to prevent avoidable deaths and improve quality of care.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-805 - Evaluation of Deaths of Certain Service Recipients With Developmental Disabilities

(a)    (1)    Except as provided in paragraph (3) of this subsection, the Office of Health Care Quality shall review each death of an individual with developmental disabilities or with a mental illness who, at the time of death, resided in or was receiving services from any program or facility licensed or operated by the Developmental Disabilities Administration or operating by waiver under § 7–903(b) of this article, or any program approved, licensed, or operated by the Department under § 10–406 of this article or any program identified in § 10–713(a) of this article.
(2)    The Office of Health Care Quality may not review the care or services provided in an individual’s private home, except to the extent needed to investigate a licensed provider that offered services at that individual’s home.
(3)    Unless a member of the Committee requests a review, the Office of Health Care Quality may choose not to review a death if the circumstances, based on reasonable judgment, are readily explained and require no further investigation.
(b)    Within 14 days of the completion of each investigation, the Office of Health Care Quality shall submit to the Committee its final report for each death.
(c)    The Committee shall:
(1)    Review each death report provided by the Office of Health Care Quality; or
(2)    Appoint a subcommittee of at least four members, one of whom shall be a licensed physician or nurse, to review death reports and report and make recommendations to the full Committee.
(d)    (1)    On review of the death report, if the Committee or its subcommittee determines that further investigation is warranted, the Committee or subcommittee may request additional information, including consumer records, medical records, autopsy reports, and any deficiency statements and plans of correction.
(2)    The Committee or subcommittee may choose to prepare questions for the provider, State residential center director, or other relevant person or may request the attendance of the provider, director, or other relevant person at a Committee or subcommittee meeting.
(3)    Except as provided in paragraph (2) of this subsection, Committee members may not communicate directly with the provider, a State residential center director, a State psychiatric superintendent, or a family member or guardian of the individual who is the subject of a death report.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-806 - Requests for Information

Upon request of the chair of the Committee or subcommittee, and as necessary to carry out the purpose of the Committee, the following shall immediately provide the Committee or subcommittee with access to information and records regarding an individual whose death is being reviewed:
(1)    A provider of medical care, including dental and mental health care;
(2)    A State or local government agency; and
(3)    A provider of residential or other services.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-806.1 - Office of Health Care Quality to Provide and Review Aggregate Incident Data; Consultants. [Effective Until January 1, 2033]

// EFFECTIVE UNTIL DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 //
(a)    (1)    The Office of Health Care Quality shall provide aggregate incident data to the Committee once every 3 months.
(2)    When providing aggregate incident data to the Committee, to the extent practicable, the Office of Health Care Quality shall identify trends and patterns that may threaten the health, safety, or well–being of an individual.
(b)    The Committee shall review the aggregate incident data and make findings and recommendations to the Department on system quality assurance needs.
(c)    The Committee may consult with experts as needed to carry out the provisions of this section.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-808 - Annual Public Report; Preliminary Findings or Recommendations. [Effective Until January 1, 2033]

(a)    (1)    At least once in a calendar year, the Committee shall prepare a report for public distribution.
(2)    The report shall include aggregate information that sets forth the numbers of deaths reviewed, the ages of the deceased, causes and circumstances of death, a summary of the Committee’s activities, and summary findings.
(3)    Summary findings shall include patterns and trends, goals, problems, concerns, final recommendations, and preventative measures.
(4)    Specific individuals and entities may not be identified in any public report.
(b)    (1)    In addition to the public report issued under subsection (a) of this section, the Committee or its subcommittee may at any time issue preliminary findings or make preliminary recommendations to the Secretary or to the Director of the Office of Health Care Quality.
(2)    Preliminary findings or recommendations shall be confidential and not discoverable or admissible under § 1–401 of the Health Occupations Article.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 8 - Mortality and Quality Review Committee › Section 5-809 - Record Keeping; Confidentiality; Discovery

(a)    The Committee shall maintain records of its deliberations including any recommendations.
(b)    (1)    Except for the public report issued under § 5-808(a) of this subtitle, any records of deliberations, findings, or files of the Committee shall be confidential and are not discoverable under § 1-401 of the Health Occupations Article.
(2)    This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.
(c)    (1)    Members of the Committee or a subcommittee of the Committee, persons attending a Committee or subcommittee meeting, and persons who present information to the Committee or subcommittee may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting.
(2)    This subsection does not prohibit a person from testifying to information obtained independently of the Committee or subcommittee or that is public information.
(d)    (1)    Except as necessary to carry out the Committee’s purpose and duties, members of the Committee or subcommittee and persons attending a Committee or subcommittee meeting may not disclose:
(i)    What transpired at a meeting that is not public under this subtitle; or
(ii)    Any information that is prohibited for disclosure by this section.
(2)    This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 9 - Drug Overdose Fatality Review Teams › Section 5-902 - Multidisciplinary and Multiagency Drug Overdose Fatality Review Teams in General

(a)    (1)    Subject to paragraph (2) of this subsection, there may be a multidisciplinary and multiagency drug overdose fatality review team in each county.
(2)    Instead of a local team in each county, two or more counties may agree to establish a single multicounty local team.
(3)    A multicounty local team shall execute a memorandum of understanding on membership, staffing, and operation.
(b)    The local team membership shall be drawn, if available, from the following individuals, organizations, agencies, and areas of expertise:
(1)    The county health officer, or the officer’s designee;
(2)    The director of the local department of social services, or the director’s designee;
(3)    The State’s Attorney, or the State’s Attorney’s designee;
(4)    The superintendent of schools, or the superintendent’s designee;
(5)    A State, county, or municipal law enforcement officer;
(6)    The director of behavioral health services in the county, or the director’s designee;
(7)    An emergency medical services provider in the county;
(8)    A representative of a hospital;
(9)    A health care professional who specializes in the prevention, diagnosis, and treatment of substance use disorders;
(10)    A representative of a local jail or detention center;
(11)    A representative from parole, probation, and community corrections;
(12)    The Secretary of Juvenile Services, or the Secretary’s designee;
(13)    A member of the public with interest or expertise in the prevention and treatment of drug overdose deaths, appointed by the county health officer; and
(14)    Any other individual necessary for the work of the local team, recommended by the local team and appointed by the county health officer.
(c)    Each local team shall elect a chair from among its members.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 9 - Drug Overdose Fatality Review Teams › Section 5-903 - Purpose; Duties

(a)    The purpose of each local team is to prevent drug overdose deaths by:
(1)    Promoting cooperation and coordination among agencies involved in investigations of drug overdose deaths or in providing services to surviving family members;
(2)    Developing an understanding of the causes and incidence of drug overdose deaths in the county;
(3)    Developing plans for and recommending changes within the agencies represented on the local team to prevent drug overdose deaths; and
(4)    Advising the Department on changes to law, policy, or practice, including the use of devices that are programmed to dispense medications on a schedule or similar technology, to prevent drug overdose deaths.
(b)    To achieve its purpose, each local team shall:
(1)    In consultation with the Department, establish and implement a protocol for the local team;
(2)    Set as its goal the investigation of drug overdose deaths in accordance with national standards;
(3)    Meet at least quarterly to review the status of drug overdose death cases and information on nonfatal overdoses, recommend actions to improve coordination of services and investigations among member agencies, and recommend actions within the member agencies to prevent drug overdose deaths;
(4)    Collect and maintain data as required by the Department; and
(5)    Provide requested reports to the Department, including:
(i)    Discussion of individual cases;
(ii)    Steps taken to improve coordination of services and investigations;
(iii)    Steps taken to implement changes recommended by the local team within member agencies; and
(iv)    Recommendations on needed changes to State and local laws, policies, or practices to prevent drug overdose deaths.
(c)    In addition to the duties specified in subsection (b) of this section, a local team may investigate the information and records of an individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality described in § 5–904 of this subtitle.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 9 - Drug Overdose Fatality Review Teams › Section 5-904 - Access to Information and Records

(a)    On request of the chair of a local team and as necessary to carry out the purpose and duties of the local team, the local team shall be immediately provided with:
(1)    Access to information and records, including information about physical health, mental health, and treatment for substance abuse, maintained by a health care provider for:
(i)    An individual whose death or near fatality is being reviewed by the local team; or
(ii)    An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; and
(2)    Access to information and records maintained by a State or local government agency, including death certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency, if the agency provided services to:
(i)    An individual whose death or near fatality is being reviewed by the local team;
(ii)    An individual convicted of a crime or adjudicated as having committed a delinquent act that caused a death or near fatality; or
(iii)    The family of an individual described in item (i) or (ii) of this item.
(b)    Substance abuse treatment records requested or provided under this section are subject to any additional limitations on disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290DD–2 and 42 C.F.R. Part 2.