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LAWS OF MARYLAND

Ch. 21

the recordkeeping provisions might be limited to
residential facilities. This revision is
consistent with the definition of "record", in
former Article 59A, § 17(a)(4), which referred to
a mentally retarded individual "in either a
public or private facility". This revision also
includes, under these provisions, the records of
individuals who are evaluated, but who are not
determined to be mentally retarded individuals.

Defined terms:' "Administration" § 7-101
"Facility" § 7-101 "Private facility" § 7-101
"Person" § 1-101 "Public facility" § 7-101

7-611. INFORMATION ABOUT RECORDS.

WITHIN 14 DAYS AFTER A MENTALLY RETARDED INDIVIDUAL
ASKS A FACILITY FOR INFORMATION ABOUT ITS RECORDS ON THAT
INDIVIDUAL, THE FACILITY SHALL ADVISE THE INDIVIDUAL, IN
WRITING, ABOUT THE RECORDS AND THE PROCEDURES FOR THEIR

DISCLOSURE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 17(c)(1).

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that this section refers to a request of a
mentally retarded individual for information
about records, but does not contemplate a request
from a person acting on behalf of the mentally
retarded individual or a request by an individual
who was evaluated or treated in a facility
although not a mentally retarded individual.

Defined terms: "Facility" § 7-101
"Mentally retarded individual" § 7-101

7-612. DISCLOSURE OF RECORDS.

(A)  DISCLOSURES RESTRICTED.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION,
A FACILITY MAY NOT DISCLOSE ANY RECORD THAT THE FACILITY
KEEPS ON AN INDIVIDUAL WHO HAS BEEN TREATED OR EVALUATED IN
THE FACILITY, UNLESS THE INDIVIDUAL GIVES WRITTEN, INFORMED
CONSENT TO THE DISCLOSURE.

(B)  DISCLOSURE TO INDIVIDUAL.

(1) SUBJECT TO THE LIMITATIONS OF THIS
SUBSECTION, A FACILITY SHALL DISCLOSE A RECORD OF A MENTALLY
RETARDED INDIVIDUAL TO: