Ch. 480 LAWS OF MARYLAND

THE OFFICE OF THE MEDICAL EXAMINER AS AUTHORIZED UNDER TITLE
5 OF THIS ARTICLE.

(2) A WRITTEN REQUEST FOR DISCLOSURE OR WRITTEN
CONFIRMATION OF AN ORAL REQUEST IN AN EMERGENCY THAT
JUSTIFIES THE NEED FOR DISCLOSURE SHALL BE INSERTED IN THE
MEDICAL RECORD OF THE RECIPIENT.

(3) DOCUMENTATION OF THE DISCLOSURE SHALL BE
INSERTED IN THE MEDICAL RECORD OF THE RECIPIENT.

(4) THIS SUBSECTION MAY NOT PRECLUDE A HEALTH CARE
PROVIDER, A RECIPIENT, OR A PERSON IN INTEREST FROM ASSERTING
IN A MOTION TO QUASH OR A MOTION FOR A PROTECTIVE ORDER ANY
CONSTITUTIONAL RIGHT OR OTHER LEGAL AUTHORITY IN OPPOSITION
TO DISCLOSURE.

4-308.

A HEALTH CARE PROVIDER, WHO IN GOOD FAITH DISCLOSES OR
DOES NOT DISCLOSE A MEDICAL RECORD, IS NOT LIABLE IN ANY CAUSE
OF ACTION ARISING FROM THE DISCLOSURE OR NONDISCLOSURE OF
THE MEDICAL RECORD.

4-309.

(A) IF A HEALTH CARE PROVIDER KNOWINGLY AND WILLFULLY
REFUSES TO DISCLOSE A MEDICAL RECORD WITHIN A REASONABLE
TIME AFTER A PERSON IN INTEREST REQUESTS THE DISCLOSURE, THE
HEALTH CARE PROVIDER IS LIABLE FOR ACTUAL DAMAGES.

(B) A HEALTH CARE PROVIDER OR ANY OTHER PERSON IS IN
VIOLATION OF THIS SUBTITLE IF THE HEALTH CARE PROVIDER OR ANY
OTHER PERSON KNOWINGLY AND WILLFULLY:

(1) REQUESTS OR OBTAINS A MEDICAL RECORD UNDER
FALSE PRETENSES OR THROUGH DECEPTION; OR

(2) DISCLOSES A MEDICAL RECORD IN VIOLATION OF THIS
SUBTITLE.

(C) A HEALTH CARE PROVIDER OR ANY OTHER PERSON WHO
KNOWINGLY AND—WILLFULLY AND WILLFULLY VIOLATES ANY
PROVISION OF THIS SUBTITLE IS LIABLE FOR ACTUAL DAMAGES AND IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $1, 000 FOR THE FIRST OFFENSE AND NOT EXCEEDING
$5, 000 FOR EACH SUBSEQUENT CONVICTION FOR A VIOLATION OF ANY
PROVISION OF THIS SUBTITLE.

(P) A HEALTH CARE PROVIDER OR ANY OTHER PERSON WHO

- 2044 -