WILLIAM DONALD SCHAEFER, Governor                           Ch. 360

(2) THE IDENTIFICATION NUMBER SHALL BE CROSS-INDEXED TO A
CONFIDENTIAL RECORD CONTAINING PERTINENT DATA ON THE PARTICIPANT.

(B)     ANY INFORMATION OBTAINED BY THE PROGRAM THAT WOULD
IDENTIFY PROGRAM PARTICIPANTS, INCLUDING PROGRAM RECORDS, IS:

(1)      CONFIDENTIAL;

(2)      NOT OPEN TO PUBLIC INSPECTION OR DISCLOSURE; AND

(3)      NOT DISCOVERABLE IN ANY CRIMINAL OR CIVIL PROCEEDING.

(C)      (1) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B) OF THIS
SECTION, UPON THE WRITTEN CONSENT OF A PROGRAM PARTICIPANT,
INFORMATION OBTAINED BY THE PROGRAM THAT IDENTIFIES THE PROGRAM
PARTICIPANT MAY BE RELEASED OR DISCLOSED TO A PERSON OR AGENCY
PARTICIPATING IN THE PROGRAM.

(2) IN ADDITION TO THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, IF A PROGRAM PARTICIPANT RAISES THE ISSUE OF PARTICIPATION IN
THE PROGRAM EITHER AS A SUBJECT MATTER OR LEGAL DEFENSE IN AN
ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDING, THE PROGRAM PARTICIPANT
WAIVES THE CONFIDENTIALITY AS TO IDENTITY PROVIDED UNDER SUBSECTION
(B)(1) OF THIS SECTION.

24-808.

(A)     NO PROGRAM STAFF MEMBER OR PROGRAM PARTICIPANT MAY BE
FOUND GUILTY OF VIOLATING ARTICLE 27, § 287, § 287A, OR § 288 OF THE CODE FOR
POSSESSING OR DISTRIBUTING CONTROLLED PARAPHERNALIA OR DRUG
PARAPHERNALIA WHENEVER THE POSSESSION OR DISTRIBUTION OF THE
CONTROLLED PARAPHERNALIA OR DRUG PARAPHERNALIA IS A DIRECT RESULT OF
THE EMPLOYEE'S OR PARTICIPANT'S ACTIVITIES IN CONNECTION WITH THE WORK
OF THE PROGRAM AUTHORIZED UNDER THIS SUBTITLE.

(B)      NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, A PROGRAM STAFF MEMBER OR PROGRAM PARTICIPANT IS NOT IMMUNE
FROM CRIMINAL PROSECUTION FOR:

(1)      THE REDISTRIBUTION OF HYPODERMIC NEEDLES OR SYRINGES IN
ANY FORM;

(2)      ANY ACTIVITIES NOT AUTHORIZED OR APPROVED BY THE
PROGRAM; OR

(3)      THE POSSESSION OR DISTRIBUTION OF CONTROLLED
PARAPHERNALIA OR DRUG PARAPHERNALIA OR ANY OTHER UNLAWFUL ACTIVITY
OUTSIDE OF THE BALTIMORE CITY LIMITS.

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