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Ch. 270
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PARRIS N. GLENDENING, Governor
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(3) (I) A RECIPIENT WHO HAS BEEN THE SUBJECT OF A
PSYCHOLOGICAL TEST MAY DESIGNATE A PSYCHOLOGIST LICENSED UNDER TITLE 18
OF THE HEALTH OCCUPATIONS ARTICLE OR A PSYCHIATRIST LICENSED UNDER
TITLE 14 OF THE HEALTH OCCUPATIONS ARTICLE TO WHOM A HEALTH CARE
PROVIDER MAY DISCLOSE THE MEDICAL RECORD.
(II) THE RECIPIENT SHALL:
1. REQUEST THE DISCLOSURE AUTHORIZED UNDER THIS
PARAGRAPH IN WRITING; AND
2. COMPLY WITH THE PROVISIONS OF § 4-304 OF THIS
SUBTITLE.
(4) A HEALTH CARE PROVIDER MAY DISCLOSE A MEDICAL RECORD
RELATING TO A PSYCHOLOGICAL TEST AS PROVIDED UNDER § 4-305(B)(2)(I) OF THIS
SUBTITLE.
(5) THE PROVISIONS OF THIS SUBSECTION MAY NOT RESTRICT ACCESS
TO OR AFFECT THE DISCLOSURE OF A MEDICAL RECORD WHICH IS ALSO AN
EDUCATION RECORD UNDER THE FEDERAL INDIVIDUALS WITH DISABILITIES
EDUCATION ACT, THE FEDERAL FAMILY EDUCATION RIGHTS AND PRIVACY ACT, OR
ANY FEDERAL AND STATE REGULATIONS THAT HAVE BEEN ADOPTED TO
IMPLEMENT THOSE LAWS.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, A PERSON
IN INTEREST SHALL HAVE THE RIGHT TO OBTAIN A MEDICAL RECORD OF A
RECIPIENT THAT IS DEVELOPED IN CONJUNCTION WITH A MENTAL HEALTH
EVALUATION RELATING TO OBTAINING OR CONTINUING EMPLOYMENT, IF THE
EVALUATION HAS BEEN PERFORMED AT THE REQUEST OF OR ON BEHALF OF AN
EMPLOYER OR PROSPECTIVE EMPLOYER:
(1) IN CONNECTION WITH A CIVIL ACTION OR U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION COMPLAINT INITIATED BY THE PERSON IN INTEREST;
OR
(2) ON A WRITTEN AUTHORIZATION OF THE EMPLOYER OR
PROSPECTIVE EMPLOYER
4-309.
(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:
(i) A fine not exceeding $50,000, imprisonment for not more than 1
year, or both;
(ii) If the offense is committed under false pretenses, a fine not
exceeding $100,000, imprisonment for not more than 5 years, or both; and
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- 1619 -
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