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Session Laws, 1993
Volume 772, Page 3073   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(2)      The person requests the information in writing; and

(3)      The authorization for the disclosure is in writing.

(j) The Board may disclose any information contained in a record to the STATE
Medical Assistance Compliance Administration, THE SECRETARY OF THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES OR THE SECRETARY'S DESIGNEE,
or any health occupational regulatory board if:

(1)      (I) The STATE Medical Assistance Compliance Administration or any
health occupational regulatory board requests the information in writing; OR

(II) THE SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES OR THE SECRETARY'S DESIGNEE IS ENTITLED TO RECEIVE THE
INFORMATION OR HAVE ACCESS TO THE INFORMATION UNDER 42 U.S.C. § 139 6R - 2.

(2)      (i) The Board has issued an order under § 14-406 of this subtitle; or
(ii) An allegation is pending before the Board; and

(3)      The Board determines that the requested information is necessary for
the proper conduct of the business of that administration or board.

(k) If the Board determines that the information contained in a record concerns
possible criminal activity of a licensed physician, the Board shall disclose the information
to a law enforcement or prosecutorial official.

(L) THE BOARD MAY PERMIT INSPECTION OF PERSONAL RECORDS FOR
WHICH INSPECTION OTHERWISE IS NOT AUTHORIZED BY A PERSON WHO IS
ENGAGED IN A RESEARCH PROJECT IF:

(1)      THE RESEARCHER SUBMITS TO THE OFFICIAL CUSTODIAN
EXECUTIVE DIRECTOR AND THE BOARD APPROVES A WRITTEN REQUEST THAT:

(I)       DESCRIBES THE PURPOSE OF THE RESEARCH PROJECT;

(II)     DESCRIBES THE INTENT, IF ANY, TO PUBLISH THE FINDINGS;

(III)    DESCRIBES THE NATURE OF THE REQUESTED PERSONAL
RECORDS;

(IV)    DESCRIBES THE SAFEGUARDS THAT THE RESEARCHER
WOULD TAKE TO PROTECT THE IDENTITY OF THE PERSONS IN INTEREST; AND

(V)     STATES THAT PERSONS IN INTEREST WILL NOT BE CONTACTED
UNLESS THE OFFICIAL CUSTODIAN EXECUTIVE DIRECTOR APPROVES AND
MONITORS THE CONTACT;

(2)      THE OFFICIAL CUSTODIAN EXECUTIVE DIRECTOR IS SATISFIED
THAT THE PROPOSED SAFEGUARDS WILL PREVENT THE DISCLOSURE OF THE
IDENTITY OF PERSONS IN INTEREST; AND

(3)      THE RESEARCHER MAKES AN AGREEMENT WITH THE CUSTODIAN
EXECUTIVE DIRECTOR THAT:

- 3073 -

Ch. 627

 

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Session Laws, 1993
Volume 772, Page 3073   View pdf image
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