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§ 24-2006. Confidentiality requirements

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2022

West's Annotated Code of Maryland
Health--General
Title 24. Miscellaneous Provisions
Subtitle 20. Baltimore City Behavioral Health Crisis Incident Review Team (Refs & Annos)
Effective: October 1, 2022
MD Code, Health - General, § 24-2006
§ 24-2006. Confidentiality requirements
Currentness
In general
(a) Subject to subsection (b) of this section, all information and records acquired by the review team in the exercise of its purpose and duties under this subtitle:
(1) Are confidential and exempt from disclosure under the Public Information Act; and
(2) May be disclosed only as necessary to carry out the review team's purpose and duties.
Additional limitations for mental health and substance abuse treatment records
(b)(1) Mental health records are subject to the additional limitations under § 4-307 of this article for disclosure of a medical record developed primarily in connection with the provision of mental health services.
(2) Substance abuse treatment records are subject to any additional limitations for disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services under State law or 42 U.S.C. § 290DD-2 and 42 C.F.R. Part 2.
Statistical compilations of data are public records
(c) Statistical compilations of data that do not contain any information that would allow the identification of any person to be ascertained are public records.
Reports are public information
(d) Reports of the review team that do not contain any information that would allow the identification of any person to be ascertained are public information.
Disclosure by team members or persons attending review meetings prohibited
(e) Except as necessary to carry out the review team's purpose and duties, members of the review team and persons attending the review team meeting may not disclose:
(1) What transpired at a meeting that is not public under § 24-2005 of this subtitle; or
(2) Any information the disclosure of which is prohibited by this section.
Team members or individual attending meeting prohibited from testifying in civil or criminal proceeding; exception
(f)(1) Members of the review team, individuals attending the review team meeting, and individuals who present information to the review team may not be questioned in any civil or criminal proceeding about information presented in or opinions formed as a result of a meeting.
(2) This subsection does not prohibit an individual from testifying to information that is obtained independently of the review team or that is public information.
Information, documents, or records of review team are not subject to subpoena, discovery, or introduction into evidence in civil or criminal proceeding; exceptions
(g)(1) Except as provided in paragraph (2) of this subsection, information, documents, or records of the review team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2) Information, documents, or 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 review team or are maintained by the review team.

Credits

Added by Acts 2022, c. 676, § 1, eff. Oct. 1, 2022.
MD Code, Health - General, § 24-2006, MD HEALTH GEN § 24-2006
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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