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Session Laws, 1990 Session
Volume 436, Page 2026   View pdf image (33K)
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Ch. 480 LAWS OF MARYLAND

section shall be liable to a plaintiff for any damages recoverable in law or equity,
including reasonable attorney's fees. ]

SUBTITLE 3. CONFIDENTIALITY OF MEDICAL RECORDS

4-301.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1) (I) "DIRECTORY INFORMATION" MEANS INFORMATION
CONCERNING THE PRESENCE AND GENERAL HEALTH CONDITION OF A
PATIENT WHO HAS BEEN ADMITTED TO A HEALTH CARE FACILITY OR
WHO IS CURRENTLY RECEIVING EMERGENCY HEALTH CARE IN A
HEALTH CARE FACILITY.

(II) "DIRECTORY INFORMATION" DOES NOT INCLUDE
HEALTH CARE INFORMATION DEVELOPED PRIMARILY IN CONNECTION
WITH MENTAL HEALTH SERVICES.

(2) "DISCLOSE OR DISCLOSURE" MEANS THE TRANSMISSION
OR COMMUNICATION OF INFORMATION IN A MEDICAL RECORD,
INCLUDING AN ACKNOWLEDGMENT THAT A MEDICAL RECORD ON A
PARTICULAR PATIENT OR RECIPIENT EXISTS.

(3) "EMERGENCY" MEANS A SITUATION WHEN, IN THE
PROFESSIONAL OPINION OF THE HEALTH CARE PROVIDER, A CLEAR
AND SIGNIFICANT RISK OF DEATH OR IMMINENT SERIOUS INJURY OR
HARM TO A PATIENT OR RECIPIENT EXISTS.

(4) "GENERAL HEALTH CONDITION" MEANS THE HEALTH
STATUS OF A PATIENT DESCRIBED IN TERMS OF "CRITICAL", "POOR",
"FAIR", "GOOD", "EXCELLENT", OR TERMS DENOTING SIMILAR
CONDITIONS.

(5) "HEALTH CARE" MEANS ANY CARE, TREATMENT, OR
PROCEDURE BY A HEALTH CARE PROVIDER:

(I) TO DIAGNOSE, EVALUATE, REHABILITATE, MANAGE,
TREAT, OR MAINTAIN THE PHYSICAL OR MENTAL CONDITION OF A
PATIENT OR RECIPIENT; OR

(II) THAT AFFECTS THE STRUCTURE OR ANY FUNCTION
OF THE HUMAN BODY.

(6) (1) "MEDICAL RECORD" MEANS ANY ORAL, WRITTEN, OR
OTHER TRANSMISSION OF INFORMATION THAT:

1. IS WRITTEN IN THE RECORD OF A PATIENT OR
RECIPIENT;

2. IDENTIFIES OR CAN READILY BE ASSOCIATED
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Session Laws, 1990 Session
Volume 436, Page 2026   View pdf image (33K)
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