PARRIS N. GLENDENING, Governor

Ch, 185

Article - Health - General

4-306.

(a) IN THIS SECTION, "COMPULSORY PROCESS" INCLUDES A SUBPOENA,
SUMMONS, WARRANT, OR COURT ORDER THAT APPEARS ON ITS FACE TO HAVE ¹
BEEN ISSUED ON LAWFUL AUTHORITY.

(B) 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 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;

(4) Notwithstanding any privilege in law, as needed, to a medical review
committee as defined in § 14-501 of the Health Occupations Article or a dental review
committee as defined in § 4-501 of the Health Occupations Article;

(5) To another health care provider as provided in § 19-308.2 or § 10-807 of
this article; or

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