(1) If a licensed certified midwife knows of an action or condition that might be grounds for action under § 8-316, § 8-6A-10, or § 8-6C-20 of this title or § 8-6D-10 of this subtitle, the licensed certified midwife shall report the action or condition to the Board; and

(2) An individual shall have the immunity from liability described under § 5-709 of the Courts Article for making a report required under item (1) of this subsection.

(b) If a licensed certified midwife has reason to know that a licensee or certificate holder has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or certificate holder or suspension or revocation of the license or certificate under § 8-316, § 8-6A-10, or § 8-6C-20 of this title or § 8-6D-10 of this subtitle because the licensee or certificate holder has a substance use disorder, the licensed certified midwife is not required to report the licensee or certificate holder to the Board if:

(1) The licensed certified midwife knows that the licensee or certificate holder is in an alcohol or drug treatment program that is accredited by the Joint Commission, is certified by the Department, or is under the care of a health care practitioner who is competent and capable of dealing with substance use disorder;

(2) The licensed certified midwife is able to verify that the licensee or certificate holder remains in the treatment program until discharge; and

(3) The action or condition of the licensee or certificate holder has not caused injury to any individual while the licensee or certificate holder is practicing.

(c) An individual is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of patient substance use disorder records.