392

LAWS OF MARYLAND

Ch. 21

In subsection (d) of this section, the former
phrase "while its license is suspended or
revoked" is deleted as unnecessary in light of
the broad reference to "operating a private
facility without a license".

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

7-902. INTERFERENCE WITH RIGHTS.

(A)  PROHIBITED.

A PERSON MAY NOT INTERFERE KNOWINGLY WITH THE RIGHTS OF
A MENTALLY RETARDED INDIVIDUAL UNDER SUBTITLE 6 OF THIS
TITLE.

(B)  PENALTY.

A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 2
YEARS OR BOTH.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 36.

The only changes are in style.

Defined terms:

"Mentally retarded individual" § 7-101

"Person" § 1-101

7-903. LIABILITY FOR DISCLOSURES.

(A)   "CUSTODIAN" DEFINED.

IN THIS SECTION, "CUSTODIAN" MEANS:

(1)  AN ADMINISTRATIVE HEAD OF A FACILITY;

(2)  AN INDIVIDUAL WHO IS RESPONSIBLE FOR THE
AREA WHERE RECORDS ON INDIVIDUALS WHO ARE EVALUATED OR
TREATED IN A FACILITY ARE KEPT; OR

(3)  ANY INDIVIDUAL WHO HAS OR CONTROLS THE
RECORD.

(B)  LIABILITY.

IN ADDITION TO ANY DAMAGES RECOVERABLE IN LAW OR
EQUITY, A CUSTODIAN OF A RECORD WHO DISCLOSES THE RECORD IN
VIOLATION OF § 7-612 OF THIS TITLE IS LIABLE TO THE
INDIVIDUAL WHOSE RECORDS ARE DISCLOSED UNLAWFULLY FOR
PUNITIVE DAMAGES IN AN AMOUNT THAT DOES NOT EXCEED $500 PLUS
REASONABLE ATTORNEY'S FEES.