About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati379984.tmp
Article - Health - General
§4–302.  
(a)   A health care provider shall:
(1)   Keep the medical record of a patient or recipient confidential; and
(2)   Disclose the medical record only:
(i)   As provided by this subtitle; or
(ii)   As otherwise provided by law.
(b)   The provisions of this subtitle do not apply to information:
(1)   Not kept in the medical record of a patient or recipient that is related to the administration of a health care facility, including:
(i)   Risk management;
(ii)   Quality assurance; and
(iii)   Any activities of a medical or dental review committee that are confidential under the provisions of Title 4, Subtitle 5 and Title 14, Subtitle 5 of the Health Occupations Article and any activities of a pharmacy review committee;
(2)   Governed by the federal confidentiality of alcohol and drug abuse patient records regulations, 42 C.F.R. Part 2 and the provisions of § 8–601(c) of this article; or
(3)   Governed by the developmental disability confidentiality provisions in §§ 7–1008 through 7–1011 of this article.
(c)   A health care provider may disclose directory information about a patient without the authorization of a person in interest, except if the patient has instructed the health care provider in writing not to disclose directory information.
(d)   A person to whom a medical record is disclosed may not redisclose the medical record to any other person unless the redisclosure is:
(1)   Authorized by the person in interest;
(2)   Otherwise permitted by this subtitle;
(3)   Permitted under § 1–202(b) or (c) of the Human Services Article; or
(4)   Directory information.
(e)    (1)   Except as provided in paragraph (2) of this subsection, a person may not disclose by sale, rental, or barter any medical record.
(2)   This subsection shall not prohibit the transfers of medical records relating to the transfer of ownership of a health care practice or facility if the transfer is in accord with the ethical guidelines of the applicable health care profession or professions.
(f)   The provisions of this subtitle may not be construed to constitute an exception to the reporting requirements of Title 5, Subtitle 7 and Title 14, Subtitle 3 of the Family Law Article.