Ch. 580                                    1997 LAWS OF MARYLAND

(2)     "Medical record" includes any [documentation]:

(I)      DOCUMENTATION of disclosures of a medical record to any
person who is not an employee, agent, or consultant of the health care provider[.

(3)     "Medical record" includes any file];

(II)    FILE or record maintained under § 12-505 of the Health
Occupations Article by a pharmacy of a prescription order for drugs, medicines, or
devices that identifies or may be readily associated with the identity of a patient[.]; AND

(III)   DOCUMENTATION OF AN EXAMINATION OF A PATIENT
REGARDLESS OF WHO:

1.       REQUESTED THE EXAMINATION; OR

2.       IS MAKING PAYMENT FOR THE EXAMINATION.
4-309.

(a) If a health care provider knowingly refuses to disclose a medical record within
[a reasonable time] 14 DAYS BUT NO MORE THAN 21 WORKING DAYS after THE DATE
a person in interest requests the disclosure, the health care provider is liable for actual

damages.

(B) A HEALTH CARE PROVIDER MAY NOT REFUSE TO DISCLOSE A MEDICAL
RECORD ON THE REQUEST OF A PERSON IN INTEREST BECAUSE OF THE FAILURE OF
THE PERSON IN INTEREST TO PAY FOR HEALTH CARE RENDERED BY THE HEALTH
CARE PROVIDER.

[(b)] (C) A health care provider or any other person is in violation of this subtitle
if the health care provider or any other person:

(1)     Requests or obtains a medical record under false pretenses or through
deception; or

(2)     Discloses a medical record in violation of this subtitle.

[(c)] (D) A EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (E) OF THIS
SECTION, A health care provider or any other person, INCLUDING AN OFFICER OR
EMPLOYEE OF A GOVERNMENTAL UNIT, who knowingly and willfully violates any
provision of this subtitle is guilty of a misdemeanor and on conviction is subject to fa fine
not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent
conviction] THE FOLLOWING PENALTIES for a violation of any provision of this subtitle:.

(E) (1) A HEALTH CARE PROVIDER OR ANY OTHER PERSON, INCLUDING AN
OFFICER OR EMPLOYEE OF A GOVERNMENTAL UNIT, WHO KNOWINGLY AND
WILLFULLY REQUESTS OR OBTAINS A MEDICAL RECORD UNDER FALSE PRETENSES
OR THROUGH DECEPTION OR KNOWINGLY AND WILLFULLY DISCLOSES A MEDICAL
RECORD IN VIOLATION OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO THE FOLLOWING PENALTIES:

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