§ 4-307. Confidentiality of mental health records; disclosure
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2018
Effective: October 1, 2018
MD Code, Health - General, § 4-307
§ 4-307. Confidentiality of mental health records; disclosure
1. The work product and personal property of a mental health provider; and
2. Except as provided in subsection (d)(3) of this section, not discoverable or admissible as evidence in any criminal, civil, or administrative action.
1. Keeps the personal note in the mental health care provider's sole possession for the provider's own personal use;
2. Maintains the personal note separate from the recipient's medical records; and
3. Does not disclose the personal note to any other person except:
A. The mental health provider's supervising health care provider that maintains the confidentiality of the personal note;
B. A consulting health care provider that maintains the confidentiality of the personal note; or
C. An attorney of the health care provider that maintains the confidentiality of the personal note.
(b) The disclosure of a medical record developed in connection with the provision of mental health services shall be governed by the provisions of this section in addition to the other provisions of this subtitle.
(c) When a medical record developed in connection with the provision of mental health services is disclosed without the authorization of a person in interest, only the information in the record relevant to the purpose for which disclosure is sought may be released.
(d)(1) To the extent a mental health care provider determines it necessary and appropriate, the mental health care provider may maintain a personal note regarding a recipient.
(e)(1) Except as otherwise provided in paragraphs (3), (4), and (5) of this subsection, if the disclosure of a portion of a medical record relating to a psychological test would compromise the objectivity or fairness of the test or the testing process, a mental health care provider may not disclose that portion of the medical record to any person, including a subject of the test.
(2) The raw test data relating to a psychological test is only discoverable or admissible as evidence in a criminal, civil, or administrative action on the determination by the court or administrative hearing officer that the expert witness for the party seeking the raw test data is qualified by the appropriate training, education, or experience to interpret the results of that portion of the raw test data relating to the psychological test.
(5) The provisions of this subsection may not restrict access to or affect the disclosure of a medical record which is also an education record under the federal Individuals with Disabilities Education Act,1 the federal Family Educational Rights and Privacy Act,2 or any federal and State regulations that have been adopted to implement those laws.
(f) Notwithstanding any other provision of this subtitle, a person in interest shall have the right to obtain a medical record of a recipient that is developed in conjunction with a mental health evaluation relating to obtaining or continuing employment, if the evaluation has been performed at the request of or on behalf of an employer or prospective employer:
(g) A health care provider may disclose a medical record that relates to and identifies more than one recipient in group or family therapy only:
(h) This section may not be construed to prevent the disclosure of a medical record that relates to the provision of mental health services between or among the health care providers that participate in the approved plan of a core service agency or local behavioral health authority for the delivery of mental health services, if a recipient:
(i) If an individual given access to a medical record that relates to the provision of mental health services signs an acknowledgment of the duty under this Act not to redisclose personal identifying information about a recipient, this section may not be construed to prevent the disclosure of the medical record for rate review, auditing, health planning, licensure, approval, or accreditation of a facility by governmental or professional standard setting entities.
(j)(1) A health care provider may disclose a medical record without the authorization of a person in interest:
1. The recipient has been involuntarily committed under State law or a court order to the detention or correctional facility requesting the medical record; and
2. After a review of the medical record, the health care provider who is the custodian of the record is satisfied that disclosure is necessary for the proper care and treatment of the recipient;
A. Has been admitted involuntarily or by court order to the facility; and
B. Is on an unauthorized absence or has otherwise left the facility without being discharged or released;
2. The facility director may disclose to the law enforcement agency identifying information and only such further information that the director believes is necessary to aid the law enforcement agency in locating and apprehending the recipient for the purpose of:
A. Safely returning the recipient to custody; or
B. Fulfilling the provisions of subparagraph (ii) of this paragraph;
(iv) If a health care provider is a facility as defined in § 10-101 of this article, the facility director may confirm or deny the presence in the facility of a recipient to a parent, guardian, next of kin, or any individual who has a significant interest in the status of the recipient if that individual has filed a missing persons report regarding the recipient; and
(k)(1) A health care provider shall disclose a medical record without the authorization of a person in interest:
1. The health care provider with the records has determined that disclosure is necessary for the continuing provision of mental health services; and
2. The recipient is transferred:
A. As an involuntary commitment or by court order to the provider;
B. Under State law to a juvenile or adult detention or correctional facility; or
C. To a provider that is required by law or regulation to admit the recipient;
(ii) To the State designated protection and advocacy system for mentally ill individuals under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986,3 as amended, if:
1. The State designated protection and advocacy system has received a complaint regarding the recipient or the director of the system has certified in writing to the chief administrative officer of the health care provider that there is probable cause to believe that the recipient has been subject to abuse or neglect;
2. The recipient by reason of mental or physical condition is unable to authorize disclosure; and
3. A. The recipient does not have a legal guardian or other legal representative who has the authority to consent to the release of health care information; or
B. The legal guardian of the recipient is a representative of a State agency;
1. A court;
2. An administrative law judge;
3. A health claims arbitrator; or
4. A party to a court, administrative, or arbitration proceeding;
2. To grand juries, prosecution agencies, and law enforcement agencies under the supervision of prosecution agencies for the sole purposes of investigation and prosecution of a provider for theft and fraud, related offenses, obstruction of justice, perjury, unlawful distribution of controlled substances, and of any criminal assault, neglect, patient abuse or sexual offense committed by the provider against a recipient, provided that the prosecution or law enforcement agency shall:
(3) Except in a proceeding relating to payment for the health care of a recipient, the medical record of a recipient and any information obtained as a result of disclosure under paragraph (1)(vi) of this subsection is disclosable, notwithstanding any privilege in law, but may not be used in any proceeding against the recipient.
(l)(1) Subject to paragraphs (2) through (4) of this subsection, a health care provider shall disclose medical and legal records without the authorization of an individual to a public defender who states in writing that the Office of the Public Defender represents the individual in:
Credits
Added by Acts 1990, c. 480, § 2, eff. July 1, 1991. Amended by Acts 1993, c. 83, § 1, eff. Oct. 1, 1993; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1996, c. 12, § 1, eff. April 9, 1996; Acts 1997, c. 14, § 20, eff. April 8, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 270, §§ 1, 2, eff. July 1, 2000; Acts 2001, c. 28, § 1, eff. April 10, 2001; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2005, c. 503, § 1, eff. July 1, 2005; Acts 2009, c. 656, § 1, eff. Oct. 1, 2009; Acts 2014, c. 460, § 1, eff. July 1, 2014; Acts 2015, c. 469, § 2, eff. Oct. 1, 2015; Acts 2018, c. 682, § 1, eff. Oct. 1, 2018.
Footnotes
Pub.L. 91-230, Title VI, Apr. 13, 1970, 84 Stat. 175 to 188, codified at 20 U.S.C.A. § 1400 et seq.
Pub.L. 93-380, Title V, 513, Aug. 21, 1974, 88 Stat. 571.
Pub.L. 99-319, May 23, 1986, 100 Stat. 478, codified at 42 U.S.C.A. § 10801 et seq.
MD Code, Health - General, § 4-307, MD HEALTH GEN § 4-307
Current through legislation effective through May 9, 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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