WILLIAM DONALD SCHAEFER, Governor                           Ch. 83

(7) Except if the patient has instructed the health care provider not to make
the disclosure, or if the record has been developed primarily in connection with the
provision of mental health services, to immediate family members of the patient or any
other individual with whom the patient is known to have a close personal relationship, if
made in accordance with good medical or other professional practice; or

(8) To organ and tissue procurement personnel under the restrictions of §
5-408 of this article at the request of a physician for a patient whose organs and tissues
may be donated for the purpose of evaluating the patient for possible organ and tissue
donation.

4-306.

(a) A health care provider shall disclose a medical record without the
authorization of a person in interest:

(1)     To a unit of State or local government, or to a member of a
multidisciplinary team assisting the unit, for purposes of investigation or treatment in a
case of suspected abuse or neglect of a child or an adult, subject to the following
conditions:

(i) The health care provider shall disclose only the medical record of
a person who is being assessed in an investigation or to whom services are being provided
in accordance with Title 5, Subtitle 7 or Title 14, Subtitle [2] 3 of the Family Law Article;

(ii) The health care provider shall disclose only the information in the
medical record that will, in the professional judgment of the provider, contribute to the:

1.       Assessment of risk;

2.       Development of a service plan;

3.       Implementation of a safety plan; or

4.       Investigation of the suspected case of abuse or neglect; and

(iii) The medical record may be redisclosed as provided in Article 88A,
§ 6 of the Code;

(2)     Subject to the additional limitations for a medical record developed
primarily in connection with the provision of mental health services in § 4-307 of this
subtitle, to health professional licensing and disciplinary boards, in accordance with a
subpoena for medical records for the sole purpose of an investigation regarding:

(i) Licensure, certification, or discipline of a health professional; or

(ii) The improper practice of a health profession;

(3)     To a health care provider or the provider's insurer or legal counsel, all
information in a medical record relating to a patient or recipient's health, health care, or
treatment which forms the basis for the issues of a claim in a civil action initiated by the
patient, recipient, or person in interest;

- 1171 -