WILLIAM DONALD SCHAEFER, Governor                   Ch. 758

8-701. 8-801.

(A)  IF AN INDIVIDUAL SEEKS COUNSELING, TREATMENT, OR
THERAPY, FOR ANY FORM OF DRUG OR ALCOHOL ABUSE, FROM A PHYSICIAN,
PSYCHOLOGIST, OR HOSPITAL, OR A PERSON WHO IS CERTIFIED BY THE
ADMINISTRATION FOR COUNSELING OR TREATING DRUG OR ALCOHOL ABUSE,
THE ORAL OR WRITTEN STATEMENTS THAT THE INDIVIDUAL MAKES AND THE
OBSERVATIONS AND CONCLUSIONS THAT THE PHYSICIAN, PSYCHOLOGIST,
HOSPITAL, OR OTHER PERSON DERIVES OR THE RESULTS OF AN
EXAMINATION TO DETERMINE THE EXISTENCE OF AN ILLEGAL OR
PROHIBITED DRUG IN THE BODY OF AN INDIVIDUAL ARE NOT ADMISSIBLE
IN ANY PROCEEDING AGAINST THE INDIVIDUAL, OTHER THAN:

(1)  A PROCEEDING THAT RELATES TO PAROLE OR PROBATION
OR CONDITIONAL RELEASE FROM A NOT CRIMINALLY RESPONSIBLE FINDING,
IF THE EXAMINATION HAD BEEN ORDERED AS A CONDITION OF PAROLE OR
PROBATION OR THE CONDITIONAL RELEASE FROM A NOT CRIMINALLY
RESPONSIBLE FINDING; OR

(2)  A COMMITMENT PROCEEDING UNDER SUBTITLE 5 OR
SUBTITLE 6 OF THIS TITLE, IF THE EXAMINATION HAD BEEN ORDERED FOR
THAT PROCEEDING.

(B)  THE RESULTS OF A PROCEEDING TO COMMIT AN INDIVIDUAL
UNDER SUBTITLE 5 OR SUBTITLE 6 OF THIS TITLE AND EVIDENCE IN THE
PROCEEDING MAY NOT BE USED AGAINST THAT INDIVIDUAL IN ANY OTHER
PROCEEDING.

(C)  THE DISCLOSURE AND USE OF THE RECORDS OF INDIVIDUALS
SERVED BY ALCOHOL ABUSE AND DRUG ABUSE TREATMENT PROGRAMS SHALL
BE GOVERNED BY THE FEDERAL REGULATIONS ON THE CONFIDENTIALITY OF
ALCOHOL AND DRUG ABUSE PATIENT RECORDS, 42 CFR PART 2.

SUBTITLE 8 9. PROHIBITED ACTS; PENALTIES

8-801. 8-901.

(A)  A PERSON MAY NOT KNOWINGLY HAVE OR ATTEMPT TO HAVE AN
INDIVIDUAL UNLAWFULLY OR IMPROPERLY ADJUDICATED TO BE A DRUG OR
ALCOHOL ABUSER OR TO HAVE AN ALCOHOL OR DRUG ADDICTION DEPENDENCE
UNDER SUBTITLE 5 OR SUBTITLE 6 OF THIS TITLE.

(B)  A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $1,000 OR IMPRISONMENT NOT EXCEEDING 3 YEARS OR
BOTH.

8-802. 8-902.

(A) AN INDIVIDUAL OR ORGANIZATION MAY NOT OPERATE AN
ALCOHOL ABUSE AND DRUG ABUSE TREATMENT PROGRAM IN VIOLATION OF
THIS TITLE.

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