|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 557
|
|
2007 Laws of Maryland
|
|
|
|
|
|
|
|
|
|
|
|
|
|
evaluation be considered a mental health record; authorizing the release of the
petition by certain health care providers only as permitted bv law; and generally
relating to the confidentiality of court records relating to a petition for
emergency evaluation.
BY adding to
Article - Health - General
Section 10-630
Annotated Code of Maryland
(2005 Replacement Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
|
|
|
|
|
|
|
|
|
|
Article - Health - General
|
|
|
|
|
|
|
|
|
|
10-630.
|
|
|
|
|
|
|
|
|
|
(A) A PETITION FOR EMERGENCY EVALUATION, MADE UNDER PART IV
OF THIS SUBTITLE ON OR AFTER JANUARY 1, 2006, IS CONFIDENTIAL AND ITS
ALL COURT RECORDS RELATING TO A PETITION FOR AN EMERGENCY
EVALUATION MADE UNDER THIS SUBTITLE ARE CONFIDENTIAL AND THE
CONTENTS MAY NOT BE DIVULGED, BY SUBPOENA OR OTHERWISE, EXCEPT BY
ORDER OF THE COURT ON GOOD CAUSE SHOWN.
(B) (1) THIS SECTION DOES NOT PROHIBIT ACCESS TO AND
CONFIDENTIAL USE OF A PETITION REVIEW OF A COURT RECORD RELATING TO
A PETITION BY:
(I) A LAW ENFORCEMENT AGENCY IN THE INVESTIGATION
AND PROSECUTION OF THE EMERGENCY EVALUEE; OR
(II) THE DEPARTMENT OR A LOCAL HEALTH DEPARTMENT
IF THE DEPARTMENT OR LOCAL HEALTH DEPARTMENT IS PROVIDING
TREATMENT OR CARE TO AN EMERGENCY EVALUEE WHO IS THE SUBJECT OF
THE PETITION FOR A PURPOSE RELEVANT TO THE TREATMENT OR CARE.
(2) THE DEPARTMENT OR A LOCAL HEALTH DEPARTMENT SHALL
BE LIABLE FOR THE UNAUTHORIZED RELEASE OF A PETITION UNDER THIS
SUBSECTION.
(3) WITHIN 180 DAYS AFTER THE DEPARTMENT OR A LOCAL
HEALTH DEPARTMENT ACCESSES A PETITION UNDER THIS SUBSECTION, THE
|
|
|
|
|
|
|
|
|
|
- 3632 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
