Ch. 580

1997 LAWS OF MARYLAND

(b)     Except for a minor patient, unless a patient is notified, a health care provider
may not destroy a medical record or laboratory or X-ray report about a patient for 5 years
after the record or report is made.

(c)     In the case of a minor patient, a medical record or laboratory or X-ray report
about a minor patient may not be destroyed until the patient attains the age of majority
plus 3 years or for 5 years after the record or report is made, whichever is later, unless:

(1)     The parent or guardian of the minor patient is notified; or

(2)     If the medical care documented in the record was provided under §
20-102(c) or § 20-103(c) of the Health - General Article, the minor patient is notified,

(d)     The notice under subsections (b) and (c) of this section shall:

(1)     Be made by first-class mail to the last known address of the patient;

(2)     Include the date on which the record of the patient shall be destroyed;

and

(3)     Include a statement that the record or synopsis of the record, if wanted,
must be retrieved at a designated location within 30 days of the proposed date of
destruction.

(e)     After the death, RETIREMENT, SURRENDER OF THE LICENSE, OR
DISCONTINUANCE OF THE PRACTICE OR BUSINESS of a health care provider [ who was
a sole practitioner], THE HEALTH CARE PROVIDER, the administrator of the estate, or
a designee WHO AGREES TO PROVIDE FOR THE MAINTENANCE OF THE MEDICAL
RECORDS OF THE PRACTICE OR BUSINESS AND WHO STATES, IN WRITING TO THE
APPROPRIATE HEALTH OCCUPATION BOARD WITHIN A REASONABLE TIME THAT
THE RECORDS WILL BE MAINTAINED IN COMPLIANCE WITH THIS SECTION, shall:

(1)     Forward the notice required in this section before the destruction or
transfer of medical records; or

(2)     Publish a notice in a daily newspaper that is circulated locally for 2
consecutive weeks:

(i) Stating the date that the medical records will be destroyed or
transferred; and

(ii) Designating a location, date, and time where the medical records
may be retrieved, if wanted.

(F) A HEALTH CARE PROVIDER OR ANY OTHER PERSON WHO KNOWINGLY
VIOLATES ANY PROVISION OF THIS SUBTITLE IS LIABLE FOR ACTUAL DAMAGES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved May 22, 1997.

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