# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 08 — Procedures for Access to Records

**Authority:** Health-General Article, §2-104(b); State Government Article, §§10-611—10-628; Annotated Code of Maryland

**Administrative History:** Effective date: October 12, 1981 (8:20 Md. R. 1635)

**Administrative History:** Regulations .01 and .14 amended, .07 and .09 repealed, and new .07 adopted effective July 16, 1984 (11:14 Md. R. 1250)

**Administrative History:** Regulation .02B amended effective July 16, 1984 (11:14 Md. R. 1250); July 29, 1985 (12:15 Md. R. 1516); May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Regulation .03 amended effective July 29, 1985 (12:15 Md. R. 1516); May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Regulation .04 amended effective May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Regulation .07B amended effective May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Regulation .07-1 adopted effective July 29, 1985 (12:15 Md. R. 1516)

**Administrative History:** Regulation .08 amended effective May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Regulation .14A amended effective August 17, 1992 (19:16 Md. R. 1473)

**Administrative History:** Regulation .14G amended effective May 15, 1989 (16:9 Md. R. 994)

**Administrative History:** Chapter revised effective December 20, 1993 (20:25 Md. R. 1946)

**Administrative History:** Regulation .03C amended effective August 18, 2014 (41:16 Md. R. 945)

**Administrative History:** Regulation .04A amended effective February 18, 2002 (16:9 Md. R. 220)

#### Regulation .01 Scope.

*COMAR 10.01.08.01*

A. This chapter establishes the procedures for requesting and gaining access to records and information of the Maryland Department of Health , its administrations, and its facilities.

B. This chapter does not apply to requests for medical records of individuals, which are governed by Health-General Article, §4-301 et seq., Annotated Code of Maryland, or to requests for drug and alcohol treatment records of individuals, which are governed by Health-General Article, §8-601, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 10.01.08.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Applicant” means any person or governmental unit requesting disclosure of public records.

  (2) “Department” means the Maryland Department of Health.

  (3) “Official custodian” means the Secretary of Health or the Secretary's designee.

  (4) “Secretary” means the Secretary of Health.

  (5) “Working day” means every day except Saturdays, Sundays, and official State holidays.

#### Regulation .03 Procedures Regarding Inspection or Copying of a Record.

*COMAR 10.01.08.03*

A. To obtain access to records of the Department, an applicant shall submit to the custodian a written application containing the applicant's name, address, telephone number, if available, and a description of the record sought. If the applicant is an individual with a disability, the Department may arrange for an alternative.

B. Upon receipt of an application, the custodian shall follow the procedures stated in State Government Article, §§10-614—10-619, Annotated Code of Maryland.

C. Response to Requests.

  (1) The custodian shall respond to a record request as soon as possible, but not later than 10 business days after the receipt of the request, by:

    (a) Providing access to the requested records;

    (b) Denying access to the record or parts of the record with an explanation for the denial; or

    (c) Advising that additional time is needed because the request:

      (i) Is for voluminous records;

      (ii) Requires legal advice; or

      (iii) A record is in storage or archived.

  (2) If a requested record has been destroyed or lost, the custodian shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the circumstances of the destruction or loss.

  (3) If access cannot be provided within 10 business days, the custodian shall:

    (a) Cite the reasons why more time is needed; and

    (b) Provide a good-faith estimate of how much additional time is required to fulfill the request.

D. Time and Place of Inspection.

  (1) An applicant may inspect a record between 8 a.m. and 5 p.m. on a working day.

  (2) Inspection takes place where the document is located, unless the custodian determines that another location is more suitable.

  (3) The custodian shall arrange for a suitable location and method of inspection for an individual with a disability.

#### Regulation .04 Fees.

*COMAR 10.01.08.04*

A. Fee Schedule.

  (1) Copies.

    (a) When copies are reproduced using a computer printer or copier machine, the charge for each copy is 50 cents per page.

    (b) For duplication of other storage media such as compact disks, magnetic tapes, zip disks, floppy disks, memory cards, microfilm, blueprints, drawings, and similar items the charge for reproduction is the actual cost to the Department.

    (c) For preprinted material that is disseminated by the Department to the public, there is no charge or the charge is the same as that charged to the general public.

    (d) For records that cannot be copied by the Department and that are copied outside the Department, the charge for reproduction is the actual cost to the Department. In the alternative, the custodian may arrange for the applicant to pay the charges directly to the entity that copies the record.

  (2) Certification of Copies. The additional charge for each copy certified as a true copy of the original is 20 cents per page.

  (3) Employee Time. Except for the first 2 hours which are free, the standard charge for responding to requests for public information is $25 per hour of employee time. Employee time to respond to a request may include time searching for records, preparing records to be copied, copying records, and any other similar tasks.

  (4) Mailing. The charge for mailing or delivery is the actual cost to the Department.

B. Estimated Charges. Before reproducing a record, the custodian shall provide the applicant with an estimate of the charge for reproduction and any other costs, and obtain agreement from the applicant that the charges will be paid. The custodian may demand prepayment of the estimated charges before reproducing the record.

C. Waiver of Charges. The custodian may waive charges for:

  (1) Advocacy groups;

  (2) Medicaid and WIC recipients; or

  (3) Applicants who demonstrate need and good cause.