Ch. 83                                       1993 LAWS OF MARYLAND

Confidentiality of Medical Records Act; and making this Act an emergency
measure.

BY repealing and reenacting, with amendments,
Article - Health - General                   

Section 4-301(k), 4-302, 4-305, 4-306(a), and 4-307(h)(1)(iv), (v), and (vii)
Annotated Code of Maryland
(1990 Replacement Volume and 1992 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

4-301.

(k) "Person in interest" means:

(1)     An adult on whom a health care provider maintains a medical record;

(2)     A person authorized to consent to health care for an adult consistent
with the authority granted;

(3)     A duly appointed personal representative of a deceased person;

(4)     (i) A minor, if the medical record concerns treatment to which the
minor has the right to consent and has consented under Title 20, Subtitle 1 of this article;
or

(ii) A parent, guardian, custodian, or a representative of the minor
designated by a court, in the discretion of the attending physician who provided the
treatment to the minor, as provided in § 20-102 OR § 20-104 of this article;

(5)     If paragraph (4) of this subsection does not apply to a minor:

(i) A parent of the minor, except if the parent's authority to consent
to health care for the minor has been specifically limited by a court order or a valid
separation agreement entered into by the parents of the minor; or

(ii) A person authorized to consent to health care for the minor
consistent with the authority granted; or

(6)     An attorney appointed in writing by a person listed in paragraphs (1),
(2), (3), (4), or (5) of this subsection.

4-302.

(a) A health care provider shall:

(1)     Keep the medical record of a patient or recipient confidential; and

(2)     Disclose the medical record only:

(i) As provided by this subtitle; or

- 1168 -