WILLIAM DONALD SCHAEFER, Governor Ch. 480

4-304.

(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A
HEALTH CARE PROVIDER SHALL COMPLY WITHIN A REASONABLE TIME
AFTER A PERSON IN INTEREST REQUESTS IN WRITING:

(I) TO RECEIVE A COPY OF A MEDICAL RECORD; OR

(II) TO SEE AND COPY THE MEDICAL RECORD.

(2) IF A MEDICAL RECORD RELATES TO A PSYCHIATRIC OR
PSYCHOLOGICAL PROBLEM AND THE ATTENDING HEALTH CARE
PROVIDER, WITH ANY AVAILABLE AND FEASIBLE INPUT FROM A
PRIMARY PROVIDER OF MENTAL HEALTH SERVICES, BELIEVES
DISCLOSURE OF ANY PORTION OF THE MEDICAL RECORD TO BE
INJURIOUS TO THE HEALTH OF A PATIENT OR RECIPIENT, THE HEALTH
CARE PROVIDER MAY REFUSE TO DISCLOSE THAT PORTION OF THE
MEDICAL RECORD TO THE PATIENT, RECIPIENT, OR PERSON IN
INTEREST BUT, ON WRITTEN REQUEST, SHALL:

(I) MAKE A SUMMARY OF THE UNDISCLOSED PORTION
OF THE MEDICAL RECORD AVAILABLE TO THE PATIENT, RECIPIENT, OR
PERSON IN INTEREST;

(II) INSERT A COPY OF THE SUMMARY IN THE MEDICAL
RECORD OF THE PATIENT OR RECIPIENT;

(III) PERMIT EXAMINATION AND COPYING OF THE
MEDICAL RECORD BY ANOTHER HEALTH CARE PROVIDER WHO IS
AUTHORIZED TO TREAT THE PATIENT OR RECIPIENT FOR THE SAME
CONDITION AS THE HEALTH CARE PROVIDER DENYING THE REQUEST;

AND

(IV) INFORM THE PATIENT OR RECIPIENT OF THE
PATIENT'S OR RECIPIENT'S RIGHT TO SELECT ANOTHER HEALTH CARE
PROVIDER UNDER THIS SUBSECTION.

(B) (1) A HEALTH CARE PROVIDER SHALL ESTABLISH
PROCEDURES FOR A PERSON IN INTEREST TO REQUEST AN ADDITION
TO OR CORRECTION OF A MEDICAL RECORD.

(2) A PERSON IN INTEREST MAY NOT HAVE ANY
INFORMATION DELETED FROM A MEDICAL RECORD.

(3) WITHIN A REASONABLE TIME AFTER A PERSON IN
INTEREST REQUESTS A CHANGE IN A MEDICAL RECORD, THE HEALTH
CARE PROVIDER SHALL:

(I) MAKE THE REQUESTED CHANGE; OR

(II) PROVIDE WRITTEN NOTICE OF A REFUSAL TO MAKE
THE CHANGE TO THE PERSON IN INTEREST.

- 2033 -