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PARRIS N. GLENDENING, Governor
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Ch. 270
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investigation or prosecution, pursuant to a subpoena, warrant, or court order for the
sole purposes of investigating and prosecuting criminal activity, provided that the
prosecution agencies and law enforcement agencies have written procedures to
protect the confidentiality of the records;
4-307.
(a) (1) In this section the following words have the meanings indicated.
(2) "Case management" means an individualized recipient centered
service designed to assist a recipient in obtaining effective mental health services
through the assessing, planning, coordinating, and monitoring of services on behalf of
the recipient.
(3) "Core service agency" means an organization approved by the Mental
Hygiene Administration to manage mental health resources and services in a
designated area or to a designated target population.
(4) "Director" means the Director of the Mental Hygiene Administration
or the designee of the Director.
(5) "Mental health director" means the health care professional who
performs the functions of a clinical director or the designee of that person in a health
care, detention, or correctional facility.
(6) (I) "PERSONAL NOTE" MEANS INFORMATION THAT IS:
1. THE WORK PRODUCT AND PERSONAL PROPERTY OF A
MENTAL HEALTH PROVIDER; AND
2. EXCEPT AS PROVIDED IN SUBSECTION (D)(3) OF THIS
SECTION, NOT DISCOVERABLE OR ADMISSIBLE AS EVIDENCE IN ANY CRIMINAL,
CIVIL, OR ADMINISTRATIVE ACTION.
(II) EXCEPT AS PROVIDED IN SUBSECTION (D)(2) OF THIS SECTION,
A MEDICAL RECORD DOES NOT INCLUDE A PERSONAL NOTE OF A MENTAL HEALTH
CARE PROVIDER, IF THE MENTAL HEALTH CARE PROVIDER:
1. KEEPS THE PERSONAL NOTE IN THE MENTAL HEALTH
CARE PROVIDER'S SOLE POSSESSION FOR THE PROVIDER'S OWN PERSONAL USE;
2. MAINTAINS THE PERSONAL NOTE SEPARATE FROM THE
RECIPIENT'S MEDICAL RECORDS; AND
3. DOES NOT DISCLOSE THE PERSONAL NOTE TO ANY OTHER
PERSON EXCEPT:
A. THE MENTAL HEALTH PROVIDER'S SUPERVISING HEALTH
CARE PROVIDER THAT MAINTAINS THE CONFIDENTIALITY OF THE PERSONAL NOTE;
B. A CONSULTING HEALTH CARE PROVIDER THAT
MAINTAINS THE CONFIDENTIALITY OF THE PERSONAL NOTE; OR
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- 1617 -
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