Sec. 10.06.01.05. Record Maintenance and Confidentiality

A. The custodian of a report identifying an individual that was filed by a reporting source (Regulation .04A) in compliance with the provisions of Health-General Article, §§18-201, 18-202, and 18-205, Annotated Code of Maryland:

(1) Shall keep the report and record confidential;

(2) May not open a report or record to public inspection;

(3) Shall release a report or record or respond to a subpoena for a report or record in criminal or civil proceeding only pursuant to court order sealing the record; and

(4) Shall make a record or report available to a governmental agency performing its lawful duties as authorized by an act of the Maryland General Assembly or the United States Congress when the Secretary determines that the release of information is necessary to protect the public health or to prevent the spread of an infectious or contagious disease.

B. A report identifying an individual that was filed by a reporting source, as set forth under Regulation .04A of this chapter, in compliance with the provisions of Health-General Article, §§18-201, 18-202, and 18-205, Annotated Code of Maryland, and all information collected in connection with a report, are not medical records under Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland.

C. Communication with a Health Care Provider or Patient.

(1) The Secretary or a health officer may discuss a laboratory report with the attending physician or other health care provider caring for a patient.

(2) The Secretary or a health officer may communicate with a patient directly to discuss a laboratory report if:

(a) The physician or other health care provider caring for a patient is not reasonably available; and

(b) The Secretary or health officer records the date and time of the efforts to contact the physician or other health care provider caring for the patient and documents the:

(i) Name of the individual with whom a message was left; or

(ii) Identification given by the answering machine, if a message was left on an answering machine.