2278

LAWS OF MARYLAND

Ch. 636

7-1009.

WITHIN 14 DAYS AFTER AN INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY ASKS A LICENSEE FOR INFORMATION ABOUT ITS RECORDS ON
THAT INDIVIDUAL, THE LICENSEE SHALL ADVISE THE INDIVIDUAL, IN
WRITING, ABOUT THE RECORDS AND THE PROCEDURES FOR THEIR
DISCLOSURE.

7-1010.

(A)  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION,
A LICENSEE MAY NOT DISCLOSE ANY RECORD THAT THE LICENSEE KEEPS ON
AN INDIVIDUAL WHO HAS BEEN SERVED BY THE LICENSEE, UNLESS THE
INDIVIDUAL GIVES WRITTEN, INFORMED CONSENT TO THE DISCLOSURE.

(B)  (1) SUBJECT TO THE LIMITATIONS OF THIS SUBSECTION, A
LICENSEE SHALL DISCLOSE A RECORD OF AN INDIVIDUAL WHO IS SERVED
BY A LICENSEE TO:

(I)  THE INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY, IF:

1.  A PERSON IS NOT AUTHORIZED TO ACT ON
BEHALF OF THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITY; AND

2.  THE EXECUTIVE OFFICER OR
ADMINISTRATIVE HEAD OF THE LICENSEE DETERMINES THAT DISCLOSURE
WOULD NOT BE DETRIMENTAL TO THE INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY;

(II)  A PARENT OR GUARDIAN OF THE PERSON WITH
DEVELOPMENTAL DISABILITY WHO IS:

1.  A MINOR; OR

2.  UNLESS THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITY ASKS THAT DISCLOSURE TO THE PARENT OR
GUARDIAN NOT BE ALLOWED, AN ADULT;

(III)  A LAWYER OR OTHER INDIVIDUAL WHO IS
AUTHORIZED:

1.  BY THE INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY; OR

2.  BY ANOTHER INDIVIDUAL TO WHOM, ON
BEHALF OF THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITY,
DISCLOSURE OF THE RECORD IS AUTHORIZED; OR

(IV)  TO THE EXECUTIVE DIRECTOR OR A DESIGNEE OF
THE EXECUTIVE DIRECTOR OF THE STATE DESIGNATED PROTECTION AND
ADVOCACY AGENCY, IF:

1. THE AGENCY HAS RECEIVED A REQUEST FOR
AN INVESTIGATION; AND