WILLIAM DONALD SCHAEFER, Governor Ch. 782

individual, other than AND SUBJECT TO THE FEDERAL REGULATIONS
CONCERNING THE CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT
RECORDS:

(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 [9] 7. Prohibited Acts; Penalties

[8-901] 8-701.

(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 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.

SECTION 4. AND BE IT FURTHER ENACTED, That Section(s)
8-902, 8-903, and 8-1001, and the subtitle "Subtitle 10. Short
Title", respectively, of Article - Health - General of the
Annotated Code of Maryland be renumbered to be Section(s) 8-702,
8-703, and 8-801, and the subtitle "Subtitle 8. Short Title",
respectively.

SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall
take effect January 1, 1990.

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