2394

LAWS OF MARYLAND

Ch. 814

of detention.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1978.

CHAPTER 815

(Senate Bill 630)

AN ACT concerning

Mental Retardation — Confidentiality of Records

FOR the purpose of securing a mentally retarded person's
right to inspect and copy a record maintained about
that person; establishing procedures for reviewing,
contesting, and amending or supplementing this record;
prohibiting disclosure of these records to other
persons, with certain exceptions; and stipulating
liability for disclosures contrary to these provisions.

BY repealing and reenacting, with amendments,

Article 59A - Mental Retardation

Section 17

Annotated Code of Maryland

(1972 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 59A — Mental Retardation

17.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

(2)    "CUSTODIAN" MEANS THE DIRECTOR OR OTHER
INDIVIDUAL IN CHARGE OF THE FACILITY, THE INDIVIDUAL
RESPONSIBLE FOR THE SEPARATE AND SECURE AREA WHERE RECORDS
ARE MAINTAINED, AND ANY INDIVIDUAL HAVING POSSESSION OR
CONTROL OF A RECORD.

(3)    "PERSON" MEANS THE MENTALLY RETARDED
INDIVIDUAL ABOUT WHOM THE RECORD IS MAINTAINED.

(4)    "RECORD" MEANS ALL INDIVIDUAL RECORDS
MAINTAINED ON A MENTALLY RETARDED PERSON IN EITHER A PUBLIC
OR PRIVATE FACILITY WHICH IS LICENSED OR OPERATED BY THE