HARRY HUGHES, Governor

377

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, §§ 17(a)(3), (4), and (5), (c)(2) and (3),
(d), (e), and (f) and 18(e)(2).

Throughout this section, reference to a "mentally
retarded individual" is substituted for the
references to "person", which formerly was
defined in Article 59A, § 17(a)(3) to mean a
mentally retarded individual. This substitution
avoids confusion with the broader definition of
"person" in § 1-101 of this article and reflects
that, in former Article 59A, § 17, the term
"person" was not used as defined.

Throughout this   section, the terms "disclose" or

"disclosure" are   substituted for references to

"review" and      "open for inspection", for
consistency.

In subsection (a) of this section, the former
references to a "public or private" facility
"which is licensed or operated by the Mental
Retardation Administration" is deleted as
unnecessary in light of the use of the defined
term "facility".

As to subsection (a) of this   section and the

substitution of       "individual"       for "mentally

retarded person", see revisor's  note to § 7-610
of this subtitle.

Subsection (b) of this section is revised to
reflect the interpretation of the Administration
that a mentally retarded individual does not have
unlimited access to the record of that
individual. Although former Article 59A, § 17(d)
stated "these records are not open for inspection
to anyone other than the person about whom the
record is maintained", other provisions of former
Article 59A, § 17 indicated that conditions for
access are imposed on the mentally retarded
individual.

In subsection (b)(l)(i) of this section, the term
"guardian of the person" is substituted for the
term "legal guardian", to conform to the
terminology of the Estates and Trusts Article.

In subsection (b)(l)(ii) of this section, the
term "lawyer" is substituted for "attorney" for
clarity. See revisor's note to § 7-506 of this
title.