# COMAR Title 10 — Maryland Department of Health

## Subtitle 29 — Board of Morticians and Funeral Directors

### Chapter 14 — Compelling Purpose Disclosure

**Authority:** General Provisions Article, §4-333; Health Occupations Article, §7-205; Annotated Code of Maryland

**Administrative History:** Effective date: April 15, 2002 (29:7 Md. R. 621)

#### Regulation .01 Scope.

*COMAR 10.29.14.01*

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 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 10.29.14.02*

The custodian may find that a compelling public purpose warrants disclosure of information in a licensing or investigative file, regardless of whether there has been a request for the information, and may disclose the information under the following circumstances:

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

B. The information concerns 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. The information concerns 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 10.29.14.03*

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.