Sec. 10.14.01.07. Confidentiality of Cancer Reports

A. Information obtained under this chapter is not a medical record under Health-General Article, §4-301, Annotated Code of Maryland, but is subject to the confidentiality requirements of Health-General Article, §§4-101-4-103, Annotated Code of Maryland.

B. The Secretary may release confidential data to:

(1) An institution or individual researcher for medical, epidemiological, health care, or other cancer-related or CNS tumor-related research approved by the Secretary and the Department's Institutional Review Board (IRB) in order to further the cancer control goals of the State set forth in Regulation .04 of this chapter;

(2) A reporting facility which:

(a) Routinely submits information on cases of reportable human cancer or reportable human CNS tumors to the cancer registry;

(b) Has been formally accepted as a participant in the cancer registry system; and

(c) Requests data relating to patients reported by the facility;

(3) An out-of-State cancer registry or cancer control agency which requests routine data if the:

(a) Patient is a resident of the other state; and

(b) Other state has authority to provide equivalent information on Maryland residents to this State;

(4) Each county health officer and the Baltimore City Commissioner of Health; and

(5) Another governmental agency performing its lawful duties pursuant to State or federal law.

C. The Secretary may release confidential information, subject to:

(1) A determination by the Secretary that a recipient of the information disclosed will maintain the confidentiality of the disclosed information; and

(2) An agreement signed by the Secretary and by the recipient of the confidential information that the recipient of the information will maintain the confidentiality of the disclosed information.

D. The Secretary shall release confidential data to a requestor in response to a written request only, in accordance with Health-General Article, §§4-101 and 4-102, Annotated Code of Maryland.

E. A reporting facility that in good faith submits a cancer report to the Secretary is not liable in any cause of action arising from the submission of the cancer report to the Secretary.

F. The use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of the confidential record is not subject to the provisions of Health-General Article, §4-102, Annotated Code of Maryland.

G. The Secretary shall release cancer data in accordance with the procedures outlined in the Maryland Cancer Registry Data Use Manual and Procedures.