HARRY HUGHES, Governor

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LIABILITY FOR ACTUAL DAMAGES, LIABLE FOR PUNITIVE DAMAGES.
(E) PROHIBITED ACT.

(1)  A PERSON MAY NOT KNOWINGLY REQUEST OR OBTAIN
A MEDICAL RECORD UNDER FALSE PRETENSES OR THROUGH DECEPTION.

(2)  A PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBSECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $10,000 OR IMPRISONMENT NOT
EXCEEDING 1 YEAR OR BOTH.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 54M(a) through (f) and (h).

Subsection (b) of this section is revised to
state the duties of facilities, as custodians of
medical records, instead of the rights of persons
in interest, for clarity.

Former Article 43, § 54M(g), which stated that
this section is in addition to the "requirements
of § 54L" -- now § 4-301 of this subtitle, is
deleted as unnecessary.

Defined terms: "Includes"/"including" § 1-101
"Person" § 1-101 "Physician" § 1-101

4-303. CONCEALMENT OF RECORDS AND REPORTS PROHIBITED.

(A)  "PROVIDER" DEFINED.

IN THIS SECTION, "PROVIDER" MEANS:

(1)  A CHIROPRACTOR;

(2)  A DENTIST;

(3)  A NURSE;

(4)  AN OPTOMETRIST;

(5)  A PHYSICIAN;

(6)  A PODIATRIST; OR

(7)  A PERSON WHO IS EMPLOYED BY OR UNDER
CONTRACT WITH A HOSPITAL, NURSING INSTITUTION, OR OTHER
HEALTH CARE PROVIDER.

(B)  CONCEALMENT PROHIBITED.

A PROVIDER MAY NOT KNOWINGLY OR WILLFULLY DESTROY,
DAMAGE, ALTER, OBLITERATE, OR OTHERWISE OBSCURE A MEDICAL