2484

LAWS OF MARYLAND

Ch. 429

(2) SHALL BEFORE INVESTIGATING ANY ALLEGED VIOLATION,

INTERVIEW THE INDIVIDUAL WHOSE RIGHTS HAVE BEEN ALLEGEDLY

VIOLATED UNDER THIS SUBTITLE; AND

(3) MAY NOT PURSUE AN INVESTIGATION IF THE

INDIVIDUAL, WHOSE RIGHTS HAVE BEEN ALLEGEDLY VIOLATED, OBJECTS TO
THE INVESTIGATION.

(I)  BEFORE PURSUING ANY INVESTIGATION:

1. SHALL INTERVIEW THE INDIVIDUAL WHOSE
RIGHTS HAVE BEEN ALLEGEDLY VIOLATED; AND

2. SHALL ATTEMPT TO OBTAIN WRITTEN CONSENT
FROM THE INDIVIDUAL; AND

(II) IF THE INDIVIDUAL IS UNABLE TO GIVE
WRITTEN CONSENT BUT DOES NOT OBJECT TO THE INVESTIGATION:

1. SHALL DOCUMENT THIS FACT; AND

2. SHALL REQUEST, IN WRITING, ACCESS TO
THE INDIVIDUAL'S RECORDS FROM THE DIRECTOR OF THE MENTAL HYGIENE
ADMINISTRATION.

(2) ON RECEIPT OF THE REQUEST FOR ACCESS TO THE
INDIVIDUAL'S RECORDS, THE DIRECTOR OF THE MENTAL HYGIENE
ADMINISTRATION SHALL AUTHORIZE ACCESS TO THE INDIVIDUAL'S
RECORDS.

(3) AFTER SATISFYING THE PROVISIONS OF PARAGRAPHS (1)
AND (2) OF THIS SUBSECTION, THE EXECUTIVE DIRECTOR OF THE
PROTECTION AND ADVOCACY AGENCY, OR THE EXECUTIVE DIRECTOR'S
DESIGNEE, MAY PURSUE AN INVESTIGATION AND AS PART OF THAT
INVESTIGATION, SHALL CONTINUE TO HAVE ACCESS TO THE RECORDS OF
THE INDIVIDUAL WHOSE RIGHTS HAVE BEEN ALLEGEDLY VIOLATED.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 15, 1984.

CHAPTER 430

(House Bill 623)

AN ACT concerning

Physicians - Disciplinary Actions -
Confidentiality of Records