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§ 8-601. Admissibility, confidentiality of treatment records

West's Annotated Code of MarylandHealth--GeneralEffective: April 8, 2008

West's Annotated Code of Maryland
Health--General
Title 8. Substance Use Disorders Law (Refs & Annos)
Subtitle 6. Privileged Information (Refs & Annos)
Effective: April 8, 2008
MD Code, Health - General, § 8-601
§ 8-601. Admissibility, confidentiality of treatment records
In general
(a) If any individual seeks counseling, treatment, or therapy, for any form of drug or alcohol abuse, from a health professional licensed under the Health Occupations Article treating patients within the scope of the professional's practice, or hospital, or a person who is certified by the Administration for counseling or treating drug or alcohol abuse, the oral or written statements that the individual makes and the observations and conclusions that the health professional, hospital, or other person derives or the results of an examination to determine the existence of an illegal or prohibited drug in the body of an individual are not admissible in any proceeding against the individual, other than and subject to the federal regulations concerning the confidentiality of alcohol and drug abuse patient records:
(1) A proceeding that relates to parole or probation or conditional release from a not criminally responsible finding, if the examination had been ordered as a condition of parole or probation or the conditional release from a not criminally responsible finding; or
(2) A proceeding under Subtitle 5 of this title, if the examination had been ordered for that proceeding.
Results as evidence
(b) The results of a proceeding under Subtitle 5 of this title and evidence in the proceeding may not be used against that individual in any other proceeding.
Confidentiality of records
(c) The disclosure and use of the records of individuals served by alcohol abuse and drug abuse treatment programs shall be governed by the federal regulations on the confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2.

Credits

Added by Acts 1988, c. 758, § 2, eff. June 1, 1988. Amended by Acts 1989, c. 782, § 3, eff. Jan. 1, 1990; Acts 2008, c. 36, § 6, eff. April 8, 2008.
MD Code, Health - General, § 8-601, MD HEALTH GEN § 8-601
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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