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§ 5-709. Confidentiality of information and records

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2014

West's Annotated Code of Maryland
Health--General
Title 5. Death (Refs & Annos)
Subtitle 7. Child Fatality Review Teams (Refs & Annos)
Effective: October 1, 2014
MD Code, Health - General, § 5-709
§ 5-709. Confidentiality of information and records
In general
(a) All information and records acquired by the State Team or by a local team, in the exercise of its purpose and duties under this subtitle, are confidential, exempt from disclosure under Title 4 of the General Provisions Article, and may only be disclosed as necessary to carry out the team's duties and purposes.
Statistical compilations
(b) Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records.
Reports without identifying information
(c) Reports of the State Team and of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information.
Team meetings
(d) Except as necessary to carry out a team's purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting that is not public under § 5-708 of this subtitle or any information the disclosure of which is prohibited by this section.
Civil, criminal proceedings
(e) Members of a team, persons attending a team meeting, and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting. This subsection does not prohibit a person from testifying to information obtained independently of the team or that is public information.
Discovery of information or records
(f)(1) Except as provided in paragraph (2) of this subsection, information, documents, and records of the State Team or of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2) Information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by a team.
Fines and penalties
(g) Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.

Credits

Added by Acts 1999, c. 355, § 1, eff. July 1, 1999; Acts 1999, c. 356, § 1, eff. July 1, 1999. Amended by Acts 2014, c. 104, § 2, eff. Oct. 1, 2014.
MD Code, Health - General, § 5-709, MD HEALTH GEN § 5-709
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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