2596                                          LAWS OF MARYLAND                                      Ch. 696

DESTRUCTION OR TRANSFER OF ANY MEDICAL RECORDS OF A PATIENT OF
THE DECEDENT.

Article - Health - General
4-305.

(A)  EXCEPT FOR A MINOR PATIENT, UNLESS A PATIENT IS
NOTIFIED, A PHYSICIAN, OPTOMETRIST, PODIATRIST, OR DENTIST MAY
NOT DESTROY A MEDICAL RECORD OR LABORATORY OR X-RAY REPORT ABOUT
A PATIENT FOR 10 5 YEARS AFTER THE RECORD OR REPORT IS MADE.

(B)  IN THE CASE OF A MINOR PATIENT, UNLESS THE PARENT OR

GUARDIAN OF THE MINOR PATIENT IS NOTIFIED, A PHYSICIAN,

OPTOMETRIST, PODIATRIST, OR DENTIST MAY NOT DESTROY A MEDICAL
RECORD OR LABORATORY OR X-RAY REPORT ABOUT A MINOR PATIENT UNTIL
THE PATIENT ATTAINS THE AGE OF MAJORITY PLUS 3 YEARS OR FOR 10 5
YEARS AFTER THE RECORD OR REPORT IS MADE, WHICHEVER IS LATER : ,
UNLESS:

(1) THE PARENT OR GUARDIAN OF THE MINOR PATIENT IS
NOTIFIED; OR

(2) IF THE MEDICAL CARE DOCUMENTED IN THE RECORD WAS
PROVIDED UNDER § 20-102(C) OR § 20-103(C) OF THE HEALTH-GENERAL
ARTICLE, THE MINOR PATIENT IS NOTIFIED.

(C)  THE NOTICE UNDER SUBSECTIONS (A) AND (B) OF THIS
SECTION SHALL:

(1)  BE MADE BY FIRST CLASS MAIL TO THE LAST KNOWN
ADDRESS OF THE PATIENT;

(2)  INCLUDE THE DATE ON WHICH THE RECORD OF THE
PATIENT SHALL BE DESTROYED; AND

(3)  INCLUDE A STATEMENT THAT THE RECORD OR SYNOPSIS
OF THE RECORD, IF WANTED, MUST BE RETRIEVED AT A DESIGNATED
LOCATION WITHIN 30 DAYS OF THE PROPOSED DATE OF DESTRUCTION.

(D) AFTER THE DEATH OF A PHYSICIAN, PODIATRIST,
OPTOMETRIST, OR DENTIST, WHO WAS A SOLE PRACTITIONER, THE
ADMINISTRATOR OF THE ESTATE, OR A DESIGNEE SHALL:

(1) FORWARD THE NOTICE REQUIRED IN THIS SECTION
BEFORE THE DESTRUCTION OR TRANSFER OF MEDICAL RECORDS; OR

(2) PUBLISH A NOTICE IN A DAILY NEWSPAPER THAT IS
CIRCULATED LOCALLY FOR 2 CONSECUTIVE WEEKS:

(I) STATING THE DATE THAT THE MEDICAL RECORDS
WILL BE DESTROYED OR TRANSFERRED; AND

(II) DESIGNATING A LOCATION, DATE, AND TIME
WHERE THE MEDICAL RECORDS MAY BE RETRIEVED, IF WANTED.