BLAIR LEE III, Acting Governor

2395

MENTAL RETARDATION ADMINISTRATION.

(5)         "ROUTINE USE" MEANS, WITH RESPECT TO

DISCLOSURE, THE USE OF A RECORD ACCORDING TO THE PURPOSE FOR
WHICH IT WAS COLLECTED UNDER §17(B).

(B)        Each facility which has any persons admitted
under the provisions of this subtitle[,] shall make and
retain fin a separate and secure area of the facility,]
complete records of each person. THESE RECORDS SHALL BE
MAINTAINED IN A SEPARATE AND SECURE AREA OF THAT FACILITY OR
OF THE OFFICE OF THE ORGANIZATION THAT OPERATES A PRIVATE
FACILITY. [Such] THESE records shall contain copies of all
data required by this article, and [such] ANY additional
information as may be required by the Administration. [Such
records shall be open for inspection by persons designated
by the director and in accordance with the provisions of
§9-109 of the Courts Article of the Code, but shall be
closed to all other persons.]

(C)          (1)        AT REASONABLE INTERVALS, EACH WITHIN 14
DAYS OF A REQUEST OF A PERSON, A FACILITY SHALL ADVISE EACH
THAT PERSON IN WRITING OF ANY RECORDS MAINTAINED ABOUT THAT
PERSON AND THE PROCEDURES FOR REVIEW OF THESE RECORDS.

(2) WITHIN 14 DAYS OF A WRITTEN OR ORAL REQUEST

FROM A PERSON TO REVIEW A RECORD, THE FACILITY SHALL PERMIT

THE PERSON TO HAVE ACCESS TO AND TO REVIEW THE RECORD AND,

WHENEVER REQUESTED, THE FACILITY SHALL COPY ALL OR ANY

PORTION OF THE RECORD FOR THAT PERSON.

(2) WITHIN 14 DAYS OF A WRITTEN REQUEST FROM A

PERSON TO REVIEW A RECORD MAINTAINED ABOUT THAT PERSON, THE

FACILITY SHALL PERMIT ANY INDIVIDUAL AUTHORIZED UNDER
SUBSECTION (E) TO HAVE ACCESS TO AND TO REVIEW THE RECORD
AND, WHENEVER REQUESTED, PROVIDE THAT INDIVIDUAL WITH A COPY

OF ANY PORTION OF THE RECORD. IF NO INDIVIDUAL IS

AUTHORIZED UNDER SUBSECTION (E), THE FACILITY SHALL AFFORD
THE RIGHTS OF THIS SECTION TO THE PERSON TO THE EXTENT THAT

THE DIRECTOR OF THE FACILITY DETERMINES THAT ACCESS AND

REVIEW WOULD NOT BE DETRIMENTAL TO THE PERSON. WITHIN TEN

WORKING DAYS OF ANY DENIAL, THE DIRECTOR OF THE FACILITY

SHALL APPLY TO THE CIRCUIT COURT OF THE COUNTY WHERE THE

FACILITY IS LOCATED FOR AN ORDER PERMITTING HIM TO CONTINUE

TO DENY OR RESTRICT SUCH DISCLOSURE.

(3)    THE FACILITY MAY REQUIRE THE PERSON MAKING
THE REQUEST TO PAY A REASONABLE FEE INCURRED IN DUPLICATING
THE INFORMATION IN AN AMOUNT WHICH MAY NOT EXCEED THE
ACTUAL COST OF DUPLICATING THE RECORD.

(4)    EACH FACILITY SHALL PERMIT THE PERSON TO
CONTEST THE CONTENT, ACCURACY, COMPLETENESS, PERTINENCY,
TIMELINESS, RELEVANCE, AND DISSEMINATION OF THE RECORD, AND
TO REQUEST AN AMENDMENT OR SUPPLEMENT TO THE RECORD. THE
FACILITY SHALL ACKNOWLEDGE IN WRITING RECEIPT OF THE
REQUEST WITHIN 14 DAYS. THEN, WITHIN AN ADDITIONAL 14 DAYS,
THE FACILITY EITHER PROMPTLY SHALL AMEND OR SUPPLEMENT THE