# COMAR Title 10 — Maryland Department of Health

## Subtitle 28 — Board of Examiners in Optometry

### Chapter 15 — Compelling Purpose Disclosure

**Authority:** General Provisions Article, §4-333; Health Occupations Article, §§11-205; Annotated Code of Maryland

**Administrative History:** Effective date: January 7, 2002 (28:26 Md. R. 2273)

#### Regulation .01 Scope.

*COMAR 10.28.15.01*

A. This chapter permits the Board to disclose investigative information to other agencies or other entities, or both, under certain circumstances.

B. A custodian may disclose information in a certification, licensing, or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure.

#### Regulation .02 Disclosure for Compelling Public Purpose.

*COMAR 10.28.15.02*

The custodian may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information concerns:

A. Possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

B. A possible violation of law, and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or

C. Conduct by an individual which the Board reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.

#### Regulation .03 Other Disclosures.

*COMAR 10.28.15.03*

This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information which the Board may otherwise disclose by law.