1862

LAWS OF MARYLAND

Ch. 438

(4)  WHEN A HOSPITAL OR RELATED INSTITUTION
CORRECTS OR SUPPLEMENTS A RECORD PURSUANT TO A PERSON IN
INTEREST'S REQUEST, OR ACCEPTS A NOTATION OF DISPUTE AND
STATEMENT OF DISAGREEMENT, NOTIFICATION BY THE HOSPITAL OR
RELATED INSTITUTION OF THE CORRECTION, SUPPLEMENTATION, OR
STATEMENT OF DISAGREEMENT SHALL BE FURNISHED TO ANY PERSON
SPECIFICALLY DESIGNATED BY THE PERSON IN INTEREST TO WHOM
THE HOSPITAL OR RELATED INSTITUTION HAS PREVIOUSLY DISCLOSED
THE INACCURATE, INCOMPLETE, OR DISPUTED INFORMATION.

(5)  WHENEVER MEDICAL RECORD INFORMATION IS
REQUESTED SUBSEQUENT TO A CORRECTION OR SUPPLEMENTATION, THE
COPY SENT SHALL BE THE SUPPLEMENTED OR CORRECTED VERSION.
THE ORIGINAL MEDICAL RECORD INFORMATION MAY NOT BE SENT
EXCEPT IN RESPONSE TO AN ORDER OF A COURT OF COMPETENT
JURISDICTION INCLUDE ALL CORRECTIONS OR SUPPLEMENTATIONS,
AND STATEMENTS OF DISAGREEMENT.

(E) (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE A PERSON RESPONSIBLE FOR THE DIAGNOSIS OR TREATMENT
OF VENEREAL DISEASES OR ADDICTION TO OR USE OF DRUGS IN THE
CASE OF MINORS TO RELEASE PATIENT RECORDS OF THE DIAGNOSIS
OR TREATMENT TO A PARENT, GUARDIAN, OR PERSON OTHER THAN THE
MINOR OR HIS DESIGNATED REPRESENTATIVE.

(F) (E) THIS SECTION SHALL APPLY TO ALL MEDICAL RECORD
INFORMATION WHETHER MAINTAINED IN MANUAL OR AUTOMATED FORM.

(G) (F) A HOSPITAL OR RELATED INSTITUTION MAY NOT BE
HELD LIABLE FOR DEFAMATION, INVASION OF PRIVACY, OR
NEGLIGENCE NOT AMOUNTING TO GROSS NEGLIGENCE, WHEN A MEDICAL
RECORD OR MEDICAL RECORD INFORMATION IS RELEASED PURSUANT TO
THE PROVISIONS OF THIS SECTION.

(H) (G) THE PROVISIONS OF THIS SECTION ARE IN ADDITION
TO THE REQUIREMENTS OF § 54L OF THIS ARTICLE.

(I) (H) (1) REGARDLESS OF ANY LIABILITY FOR ACTUAL
DAMAGES, ANY HOSPITAL OR RELATED INSTITUTION THAT DENIES A
PERSON IN INTEREST ACCESS TO OR REVIEW OF THAT PERSON'S
MEDICAL RECORD BEYOND A REASONABLE PERIOD OF TIME SHALL BE
LIABLE FOR PUNITIVE DAMAGES NOT TO EXCEED $500.

(2) ANY PERSON WHO KNOWINGLY REQUESTS OR OBTAINS
MEDICAL RECORD INFORMATION FROM A MEDICAL CARE PROVIDER
UNDER FALSE PRETENSES OR THROUGH DECEPTION IS GUILTY OF A
MISDEMEANOR AND IS SUBJECT TO A FINE OF NOT MORE THAN
$10,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR BOTH.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.