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§ 18-215. Fines and penalties

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

West's Annotated Code of Maryland
Health--General
Title 18. Disease Prevention (Refs & Annos)
Subtitle 2. Reports; Preventive Actions (Refs & Annos)
Part III. Penalties
Effective: April 8, 2008
MD Code, Health - General, § 18-215
§ 18-215. Fines and penalties
Currentness
§ 18-204
(a) In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-204 of this subtitle, on conviction, is subject to a fine not exceeding $10.
§ 18-202
(b) A person who violates any provision of § 18-202 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
§ 18-201
(c) In addition to any other penalty provided by law, a physician who fails to submit the report required under § 18-201 of this subtitle, on conviction, is subject to a fine not exceeding $100.
§ 18-205
(d) A person who violates any provision of § 18-205 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
HIV/AIDS reporting
(e) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully discloses personal identifying health information acquired for the purposes of HIV and AIDS reporting under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle to any person who is not authorized to receive personal identifying health information under this subtitle or otherwise in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction for a violation of any provision of this subtitle.
HIV/AIDS information requests
(f)(1) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests or obtains information on HIV and AIDS developed under § 18-201.1, § 18-202.1, § 18-205, or § 18-207 of this subtitle under false pretenses or through deception, on conviction is subject to:
(i) A fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and
(ii) If the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10 years, or both.
(2) This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.
Actual damages
(g) A health care provider or any other person who knowingly violates subsection (e) or (f) of this section is liable for actual damages.
Good faith disclosures
(h) A physician, laboratory, or institution as defined in § 18-202.1 of this subtitle that in good faith submits a report or otherwise discloses information in accordance with this subtitle is not liable in any action arising from the disclosure of the information.

Credits

Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 2007, c. 212, § 1, eff. April 24, 2007; Acts 2007, c. 213, § 1, eff. April 24, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008.
Formerly Art. 43, §§ 11, 31A, 78, 101.
MD Code, Health - General, § 18-215, MD HEALTH GEN § 18-215
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.
End of Document