reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-633 - Food Which Poses Immediate Threat

(a)    For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food:
(1)    Contains any filthy, decomposed, or putrid substance;
(2)    Is poisonous or otherwise would be injurious to health if consumed; or
(3)    Is otherwise unsafe.
(b)    (1)    The Secretary of Health shall be liable under § 21–254 of the Health – General Article only if the owner can prove by a preponderance of evidence that, at the time of the action taken against the substance, the substance did not pose an immediate threat.
(2)    Any liability under § 21–254 of the Health – General Article shall be limited to the market value of the substance as of the time the action was taken against the substance.
(c)    The right of action created by § 21–254 of the Health – General Article lies only against the Secretary of Health in the Secretary’s official capacity, and the Secretary shall have no personal liability for the payment of any judgment that is entered in any action brought under § 21–254 of the Health – General Article.
(d)    Under § 21–254 of the Health – General Article, the State waives its sovereign immunity to the extent of the right of action that is expressly created, but in no further or other respect.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-634 - Donated Food

(a)    In this section, “person” has the meaning stated in § 21-322 of the Health - General Article.
(b)    The limitation on liability provided for in subsection (c) of this section does not apply to any person who:
(1)    Donates food to a nonprofit corporation, organization, or association that sells or offers for sale any donated food;
(2)    Prepares donated food for use or distribution by a nonprofit corporation, organization, or association that sells or offers for sale any donated food; or
(3)    Serves donated food distributed by a nonprofit corporation, organization, or association that sells or offers for sale any donated food.
(c)    Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person is not civilly liable for any act or omission that affects the nature, age, condition, or packaging of the donated food if the person in good faith:
(1)    Donates food for use or distribution by a nonprofit corporation, organization, or association;
(2)    Prepares donated food for use or distribution by a nonprofit corporation, organization, or association;
(3)    Serves donated food distributed by a nonprofit corporation, organization, or association; or
(4)    Dispenses donated food distributed by a nonprofit corporation, organization, or association.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-635 - Customer Use of Employee Toilet Facility in Retail Establishment

(a)    In this section, “customer” means an individual who is lawfully on the premises of a retail establishment.
(b)    A retail establishment and any employee of a retail establishment are not civilly liable for any act or omission in allowing a customer, including a customer who has an eligible medical condition, as defined in § 24–209 of the Health – General Article, to use a toilet facility that is not a public toilet facility, if the act or omission:
(1)    Is not willful or grossly negligent;
(2)    Occurs in an area of the retail establishment that is not accessible to the public; and
(3)    Results in an injury to or death of the customer or any individual other than an employee accompanying the customer.
(c)    Notwithstanding any provision of this section, an employee toilet facility is not to be considered a public restroom.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-636 - Licensed Chiropractors Reviewing Fees of Other Chiropractors

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Chiropractor” has the meaning stated in § 3-101 of the Health  Occupations Article.
(3)    “License” has the meaning stated in § 3-101 of the Health Occupations Article.
(4)    “Licensed chiropractor” has the meaning stated in § 3-101 of the Health Occupations Article.
(b)    A licensed chiropractor is not civilly liable for reviewing the fees or charges for services of another licensed chiropractor in this or any other state if:
(1)    The records are received by the chiropractor from an insurance company solely for the purpose of evaluating whether excessive treatment or service was furnished; and
(2)    The chiropractor acts:
(i)    In good faith; and
(ii)    Within the scope of the chiropractor’s license.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-637 - Medical Review Committees and Persons Cooperating Therewith

(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.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-637.1 - Members of Local Domestic Violence Fatality Review Teams and Persons Cooperating Therewith

(a)    In this section, “local domestic violence fatality review team” is a team established in accordance with Title 4, Subtitle 7 of the Family Law Article.
(b)    A person who acts in good faith and within the scope of the jurisdiction of a local domestic violence fatality review team is not civilly liable for any action as a member of the local domestic violence fatality review team or for giving information to, participating in, or contributing to the function of the local domestic violence fatality review team.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-637.2 - Person Acting for Multidisciplinary and Multiagency Drug Overdose Fatality Review Team

(a)    In this section, “local team” means a multidisciplinary and multiagency drug overdose fatality review team established under Title 5, Subtitle 9 of the Health – General Article.
(b)    A person who acts in good faith and within the scope of the jurisdiction of a local team is not civilly liable for any action as a member of the local team or for giving information to, participating in, or contributing to the function of the local team.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-638 - Persons Giving Information About Physicians to Hospitals, Hospital Staff, Etc

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Alternative health care system” has the meaning stated in § 1-401 of the Health Occupations Article.
(3)    “Hospital” has the meaning stated in § 19-301 of the Health - General Article.
(4)    “Physician” has the meaning stated in § 14-101 of the Health Occupations Article.
(5)    “Related institution” has the meaning stated in § 14-101 of the Health Occupations Article.
(b)    A person described in § 14-502(b) of the Health Occupations Article is not civilly liable for giving information to any hospital, hospital medical staff, related institution, or health care facility, alternative health system, professional society, medical school, or professional licensing board, if the person:
(1)    Gives the information in good faith and with the intention of aiding in the evaluation of the qualifications, fitness, or character of a physician; and
(2)    Does not represent as true any matter that the person does not reasonably believe to be true.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-639 - Negligent Operation of Emergency Vehicle

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Emergency service” has the meaning stated in § 19-103 of the Transportation Article.
(3)    “Emergency vehicle” has the meaning stated in § 11-118 of the Transportation Article.
(b)    (1)    An operator of an emergency vehicle, who is authorized to operate the emergency vehicle by its owner or lessee, is immune from suit in the operator’s individual capacity for damages resulting from a negligent act or omission while operating the emergency vehicle in the performance of emergency service.
(2)    This subsection does not provide immunity from suit to an operator for a malicious act or omission or for gross negligence of the operator.
(c)    (1)    An owner or lessee of an emergency vehicle, including a political subdivision, is liable to the extent provided in subsection (d) of this section for any damages caused by a negligent act or omission of an authorized operator while operating the emergency vehicle in the performance of emergency service.
(2)    This subsection does not subject an owner or lessee to liability for the operator’s malicious act or omission or for the operator’s gross negligence.
(3)    A political subdivision may not raise the defense of governmental immunity in an action against it under this section.
(d)    Liability under this section for self-insured jurisdictions is limited to the amount of the minimum benefits that a vehicle liability insurance policy must provide under § 17-103 of the Transportation Article, except that an owner or lessee may be liable in an amount up to the maximum limit of any basic vehicle liability insurance policy it has in effect exclusive of excess liability coverage.
(e)    A judgment under this section against the owner or lessee of an emergency vehicle constitutes a complete bar to any action or judgment deriving from the same occurrence against the operator of the emergency vehicle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-640 - Child Passenger Safety Technicians

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Child passenger safety technician” means an individual who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration.
(3)    “Child safety seat” has the meaning stated in § 22-412.2 of the Transportation Article.
(4)    “Sponsoring organization” means a person that:
(i)    Employs a child passenger safety technician;
(ii)    Offers or arranges free child safety seat checkup events or fitting station programs for the general public; or
(iii)    Owns property on which a free child safety seat checkup event or fitting station program for the general public takes place.
(b)    A child passenger safety technician or sponsoring organization is not civilly liable for an act or omission that occurs solely in the inspection, installation, or adjustment of a child safety seat in a motor vehicle, or in giving advice or assistance regarding the installation or adjustment of a child safety seat, if:
(1)    The child passenger safety technician acts in good faith and within the scope of the training for which the technician is currently certified;
(2)    The act or omission does not constitute gross negligence or willful or wanton misconduct;
(3)    The inspection, installation, or adjustment of the child safety seat, or the advice or assistance, is provided without fee or charge to the owner or operator of the motor vehicle; and
(4)    The inspection, installation, or adjustment of the child safety seat is not provided in conjunction with the for profit sale of the child safety seat.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-641 - Immunity From Liability for Persons Who Leave Unharmed Newborn Child With a Responsible Adult

(a)    (1)    A person who leaves an unharmed newborn with a responsible adult within 10 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.
(2)    If the person leaving a newborn under this subsection is not the mother of the newborn, the person shall have the approval of the mother to do so.
(b)    (1)    A person with whom a newborn is left under the circumstances described in subsection (a) of this section as soon as reasonably possible shall take the newborn to a hospital or other facility designated by the Secretary of Human Services by regulation.
(2)    A hospital or other designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.
(c)    A responsible adult and a hospital or other designated facility that accepts a newborn under this section and an employee or agent of the hospital or facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.
(d)    The Secretary of Human Services shall adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-642 - Immunity for Transfer of Unclaimed Cremains of Veterans for Disposition

(a)    A licensed funeral establishment or holder of a permit to engage in the business of a crematory who acts in good faith is not civilly liable for transferring the unclaimed cremated remains of a veteran or an eligible dependent of a veteran to a veterans service organization for purposes of disposition as provided in § 5–803 of the Business Regulation Article and § 7–406 of the Health Occupations Article.
(b)    A veterans service organization that acts in good faith is not civilly liable for receiving the unclaimed cremated remains of a veteran or an eligible dependent of a veteran for purposes of disposition as provided in § 5–803 of the Business Regulation Article and § 7–406 of the Health Occupations Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-643 - Immunity From Civil or Criminal Liability

Except in cases of willful or wanton misconduct, a certifying entity or certifying official who acts or fails to act in good faith in compliance with § 11–931 of the Criminal Procedure Article shall be immune from civil or criminal liability that might otherwise occur as a result of the act or failure to act.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety › Section 5-644 - Settlement Agreement of Certain Police Misconduct Claims -- Prohibition Against Nondisparagement Clause

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.
(3)    “Law enforcement officer” has the meaning stated in § 3–101 of the Public Safety Article.
(b)    This section applies only to a claim or suit arising in Baltimore City.
(c)    For a claim or suit asserting misconduct in the performance of duties by a law enforcement officer of a law enforcement agency of an institution of higher education, a settlement agreement or any general release of liability between the parties may not contain, and a court may not enforce, a nondisparagement clause.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-701 - Insurers and Others Reporting Medical Malpractice Claims

There shall be no liability on the part of and no cause of action of any nature shall arise against an insurer reporting under § 4-401 of the Insurance Article or its agents or employees, the Board of Physicians or its representatives, or any appropriate licensing board for health care providers for any action taken by them under § 4-401 of the Insurance Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-702 - State Board of Environmental Health Specialists and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Environmental Health Specialists.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-703 - State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech–Language Pathologists in the Maryland Department of Health.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-704 - State Board of Chiropractic Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Chiropractic Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-705 - State Board of Dental Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Dental Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-706 - Electrology Practice Committee and Persons Cooperating Therewith

(a)    In this section, “Committee” means the Electrology Practice Committee.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Committee is not civilly liable for giving information to the Committee or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-707 - Maryland State Board of Morticians and Funeral Directors and Persons Cooperating Therewith

(a)    In this section, “Board” means the Maryland State Board of Morticians and Funeral Directors.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-708 - State Board of Nursing and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Nursing.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-709 - Person Reporting Possible Grounds for Disciplinary Action Against Nurse

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Board” means the State Board of Nursing.
(3)    “Licensed practical nurse” has the meaning stated in § 8-101 of the Health Occupations Article.
(4)    “Registered nurse” has the meaning stated in § 8-101 of the Health Occupations Article.
(b)    An individual who acts without malice is not civilly liable for making a report as required by § 8-505 of the Health Occupations Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-710 - State Board of Examiners of Nursing Home Administrators and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Examiners of Nursing Home Administrators.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-711 - State Board of Occupational Therapy Practice and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Occupational Therapy Practice.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-712 - State Board of Examiners in Optometry and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Examiners in Optometry.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-713 - State Board of Pharmacy and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Pharmacy.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-714 - State Board of Physical Therapy Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Physical Therapy Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-715 - Person or Institution Reporting, Investigating, etc., Grounds for Disciplinary Action Against Physician

(a)    In this section, “Board” means the State Board of Physicians.
(b)    A person who acts without malice and is a member of the Board or a legally authorized agent of the Board, is not civilly liable for investigating, prosecuting, participating in a hearing under § 14–405 of the Health Occupations Article, or otherwise acting on an allegation of a ground for Board action made to the Board.
(c)    A person who acts without malice is not civilly liable for making an allegation of a ground for Board action to the Board or Faculty.
(d)    Any person who acts in good faith is not civilly liable for giving any of the information required under § 14-413 or § 14-414 of the Health Occupations Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-716 - State Board of Podiatric Medical Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Podiatric Medical Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-717 - State Board of Examiners of Psychologists and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Examiners of Psychologists.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-718 - State Board of Social Work Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Social Work Examiners in the Maryland Department of Health.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-719 - State Board of Dietetic Practice and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Dietetic Practice.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-720 - Office of Cemetery Oversight and Persons Cooperating Therewith

A person who acts in good faith and within the scope of the duties and responsibilities provided to the Office of Cemetery Oversight under Title 5 of the Business Regulation Article is not civilly liable for giving information to the Director of the Office of Cemetery Oversight.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-721 - State Board of Veterinary Medical Examiners

(a)    In this section, “Board” means the State Board of Veterinary Medical Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-722 - State Board of Professional Counselors and Therapists and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Professional Counselors and Therapists.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-723 - State Board for Certification of Residential Child Care Program Professionals and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board for Certification of Residential Child Care Program Professionals.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-724 - State Board of Acupuncture and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Acupuncture.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 7 - Immunities and Prohibited Actions -- State Boards › Section 5-725 - Board of Massage Therapy Examiners and Persons Cooperating Therewith

(a)    In this section, “Board” means the State Board of Massage Therapy Examiners.
(b)    A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-801 - Actions for Breach of Promise to Marry and for Alienation of Affections

The provisions governing actions for breach of promise to marry and for alienation of affections are found in Title 3 of the Family Law Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-803 - School Employees

(a)    (1)    Whether or not an individual receives compensation for the individual’s services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:
(i)    Making a report required by law, if the individual acts on reasonable grounds;
(ii)    Participating in a judicial proceeding that results from the individual’s report; and
(iii)    Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:
1.    Under the influence of alcoholic beverages or a controlled dangerous substance;
2.    In possession of alcoholic beverages or a controlled dangerous substance; or
3.    Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.
(2)    Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.
(b)    A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:
(1)    In the performance of duties;
(2)    Within the scope of employment; and
(3)    Without malice.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-804 - Owners of Caves

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Cave” has the meaning stated in § 5-1401 of the Natural Resources Article.
(3)    “Commercial cave” has the meaning stated in § 5-1401 of the Natural Resources Article.
(4)    “Owner” has the meaning stated in § 5-1401 of the Natural Resources Article.
(5)    “Person” has the meaning stated in § 5-1401 of the Natural Resources Article.
(b)    An owner of a cave or the owner’s authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of the cave.
(c)    An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless:
(1)    The injury is sustained as a result of the owner’s negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications; and
(2)    The negligence is the proximate cause of the injury.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-806 - Parent-Child Action Arising Out of Motor Vehicle Operation

(a)    This section applies to:
(1)    An action by an unemancipated child against a parent of the child; and
(2)    An action by a parent against an unemancipated child of the parent.
(b)    The right of action by a parent or the estate of a parent against a child of the parent, or by a child or the estate of a child against a parent of the child, for wrongful death, personal injury, or property damage arising out of the operation of a motor vehicle, as defined in Title 11 of the Transportation Article, may not be restricted by the doctrine of parent-child immunity or by any insurance policy provisions, up to the limits of motor vehicle liability coverage or uninsured motor vehicle coverage.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-807 - Slapp Suits

(a)    In this section, “SLAPP suit” means a strategic lawsuit against public participation.
(b)    A lawsuit is a SLAPP suit if it is:
(1)    Brought in bad faith against a party who has communicated with a federal, State, or local government body or the public at large to report on, comment on, rule on, challenge, oppose, or in any other way exercise rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern;
(2)    Materially related to the defendant’s communication; and
(3)    Intended to inhibit or inhibits the exercise of rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights.
(c)    A defendant in a SLAPP suit is not civilly liable for communicating with a federal, State, or local government body or the public at large, if the defendant, without constitutional malice, reports on, comments on, rules on, challenges, opposes, or in any other way exercises rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding any matter within the authority of a government body or any issue of public concern.
(d)    A defendant in an alleged SLAPP suit may move to:
(1)    Dismiss the alleged SLAPP suit, in which case the court shall hold a hearing on the motion to dismiss as soon as practicable; or
(2)    Stay all court proceedings until the matter about which the defendant communicated to the government body or the public at large is resolved.
(e)    This section:
(1)    Is applicable to SLAPP suits notwithstanding any other law or rule; and
(2)    Does not diminish any equitable or legal right or remedy otherwise available to a defendant in a SLAPP suit.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 8 - Immunities and Prohibited Actions -- Miscellaneous › Section 5-808 - Civil Immunity for Defense of Dwelling or Place of Business

(a)    In this section, “person” does not include a governmental entity.
(b)    A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:
(1)    The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and
(2)    The amount and nature of the force used by the person is reasonable under the circumstances.
(c)    Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.
(d)    The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.
(e)    This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 9 - Statute of Frauds › Section 5-901 - Executory Contracts

Unless a contract or agreement upon which an action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged or another person lawfully authorized by that party, an action may not be brought:
(1)    To charge a defendant on any special promise to answer for the debt, default, or miscarriage of another person;
(2)    To charge any person on any agreement made on consideration of marriage; or
(3)    On any agreement that is not to be performed within 1 year from the making of the agreement.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 10 - Prisoner Litigation Act › Section 5-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Administrative remedy” means any procedure for review of a prisoner’s complaint or grievance, including judicial review, if available, that is provided by the Department, the Division of Correction, or any county or other municipality or political subdivision, and results in a written determination or disposition.
(2)    “Administrative remedy” includes a proceeding under Title 10, Subtitle 2 of the State Government Article or Title 10, Subtitle 2 of the Correctional Services Article.
(c)    (1)    “Civil action” means a legal action seeking money damages, injunctive relief, declaratory relief, or any appeal filed in any court in the State that relates to or involves a prisoner’s conditions of confinement.
(2)    “Civil action” includes:
(i)    An appeal of an administrative remedy to any court;
(ii)    A petition for mandamus against the prisoner’s custodian, its officers or employees, or any official or employee of the Department;
(iii)    Any tort claim against a custodian, the custodian’s officers or employees, or any employee or official of the Department;
(iv)    Any action alleging a violation of civil rights against a custodian, the custodian’s officers and employees, or any official or employee of the Department; or
(v)    Any appeal, application for leave to appeal, or petition for certiorari.
(3)    “Civil action” does not include a postconviction petition or petition for habeas corpus relief.
(d)    “Conditions of confinement” means any circumstance, situation or event that involves a prisoner’s custody, transportation, incarceration, or supervision.
(e)    “Custodian” means the institution or agency that has custody of the prisoner.
(f)    “Department” means the Department of Public Safety and Correctional Services.
(g)    (1)    “Prisoner” means a person who is in the custody of the Department or a local detention center.
(2)    “Prisoner” includes pretrial detainees.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 10 - Prisoner Litigation Act › Section 5-1002 - Filing Fees

(a)    (1)    (i)    Except as provided in subsection (c) of this section, a prisoner who maintains a civil action shall pay all or a portion of the applicable filing fee, as determined by the court.
(ii)    Unless a waiver is granted under subsection (c) of this section, a fee determined by the court under subparagraph (i) of this paragraph shall be at least 25 percent of the entire filing fee otherwise required for a civil action.
(2)    The court may:
(i)    Authorize any fee to be paid over a specific period of time; and
(ii)    Establish a payment schedule.
(3)    Until any applicable filing fee is paid, service of the complaint shall be withheld, discovery may not commence, and other proceedings may not be convened.
(b)    In establishing the amount of the filing fee to be paid under subsection (a) of this section, the court shall consider, based on information in the complaint and provided by the prisoner:
(1)    The seriousness of the claim;
(2)    The likelihood of success;
(3)    The urgency of consideration;
(4)    The amount of funds available in any institutional account and any account outside of the institution;
(5)    The employment status of the prisoner in the institution and income from the employment;
(6)    Any financial obligations of the prisoner; and
(7)    The length of time that is likely to pass before the filing fee that is imposed is able to be paid.
(c)    A court may waive payment of the entire required filing fee for a civil action filed by a prisoner only on a written showing under oath by the prisoner that:
(1)    The prisoner is indigent;
(2)    The issue presented is of serious concern;
(3)    Delay in the consideration of the issues presented will prejudice the consideration of the claim;
(4)    The prisoner is not likely to accumulate sufficient funds to pay the required filing fee within a reasonable period of time; and
(5)    The prisoner possesses a reasonable likelihood of success on the merits of the claim.
(d)    If a prisoner prevails in an action, the filing fee that is paid by the prisoner shall be reimbursed to the prisoner by the defendant through costs awarded by the court.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 10 - Prisoner Litigation Act › Section 5-1003 - Exhaustion of Administrative Remedies

(a)    (1)    A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance.
(2)    Except as provided in paragraph (3) of this subsection, an administrative remedy is exhausted when the prisoner has pursued to completion all appropriate proceedings for appeal of the administrative disposition, including any available proceedings for judicial review.
(3)    Judicial review following administrative consideration shall be the exclusive judicial remedy for any grievance or complaint within the scope of the administrative process, unless the prisoner’s complaint or grievance was found to be meritorious and monetary damages were not available through the administrative remedy available to the prisoner.
(b)    (1)    When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted.
(2)    The attachment shall include proof:
(i)    That the prisoner has filed a complaint or grievance with the appropriate agency;
(ii)    Of the administrative disposition of the complaint or grievance; and
(iii)    That the prisoner has appealed the administrative disposition to the appropriate authority, including proof of judicial review, if available.
(3)    On receipt of a prisoner’s initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies.
(c)    A court shall dismiss a civil action if the prisoner filing the action has not completely exhausted the administrative remedies.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 5 - Limitations, Prohibited Actions, and Immunities › Subtitle 10 - Prisoner Litigation Act › Section 5-1004 - Review of Complaint; Dismissal

(a)    Prior to service of process of the prisoner’s civil action, the court shall review the prisoner’s initial complaint and identify any cognizable claims.
(b)    After reviewing the prisoner’s complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:
(1)    Is frivolous, malicious, or fails to state a claim for which relief can be granted;
(2)    Seeks monetary damages from a defendant who is immune from such relief; or
(3)    Is barred under § 5-1003(a) of this subtitle.
(c)    An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.