|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2007 Laws of Maryland
|
|
|
|
|
|
Ch. 213
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(F) (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 INFORMATION ON HIV
AND AIDS DEVELOPED UNDER § 18-201.1, § 18-202.1, § 18-205, OR § 18-207
OF THIS SUBTITLE UNDER FALSE PRETENSES OR THROUGH DECEPTION ON
CONVICTION, IS SUBJECT TO:
(I) A FINE NOT EXCEEDING $100,000, IMPRISONMENT FOR
NOT MORE THAN 5 YEARS, OR BOTH; AND
(II) IF THE OFFENSE IS COMMITTED WITH INTENT TO SELL,
TRANSFER, OR USE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION FOR
COMMERCIAL ADVANTAGE, PERSONAL GAIN, OR MALICIOUS HARM, A FINE NOT
EXCEEDING $250,000, IMPRISONMENT FOR NOT MORE THAN 10 YEARS, OR
BOTH.
(2) THIS SUBSECTION DOES NOT APPLY TO AN OFFICER OR
EMPLOYEE OF A GOVERNMENTAL UNIT THAT IS CONDUCTING A CRIMINAL
INVESTIGATION.
(G) A HEALTH CARE PROVIDER OR ANY OTHER PERSON WHO
KNOWINGLY VIOLATES SUBSECTION (E) OR (F) OF THIS SECTION IS LIABLE FOR
ACTUAL DAMAGES.
(H) A PHYSICIAN, LABORATORY, OR INSTITUTION AS DEFINED IN §
18-202.1 OF THIS SUBTITLE THAT IN GOOD FAITH SUBMITS A REPORT OR
OTHERWISE DISCLOSES INFORMATION IN ACCORDANCE WITH THIS SUBTITLE IS
NOT LIABLE IN ANY ACTION ARISING FROM THE DISCLOSURE OF THE
INFORMATION.
Article - State Government
10-617.
(b) (1) In this subsection, "disability" has the meaning stated in Article
49B, §20 of the Code.
(2) Subject to paragraph (3) of this subsection, a custodian shall deny
inspection of the part of a public record that contains:
(i) medical or psychological information about an individual,
other than an autopsy report of a medical examiner; [or]
|
|
|
|
|
|
|
|
|
|
- 1540 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
