# COMAR Title 10 — Maryland Department of Health

## Subtitle 38 — Board of Physical Therapy Examiners

### Chapter 11 — Compelling Purpose Disclosure

**Authority:** General Provisions Article, §4-333;Health Occupations Article, §13-206; Annotated Code of Maryland

**Administrative History:** Effective date: November 11, 2002 (29:22 Md. R. 1721)

#### Regulation .01 Scope.

*COMAR 10.38.11.01*

This chapter does not apply to the disclosure of information in the Board's files to a health occupations regulatory board of this State or another state that licenses or disciplines persons practicing a health occupation.

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

*COMAR 10.38.11.02*

A custodian of the Board 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, and may disclose information concerning competent evidence of:

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

B. A possible violation of law, if disclosure is 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, if disclosure is to a law enforcement authority, administrative official, agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.

#### Regulation .03 Other Disclosures.

*COMAR 10.38.11.03*

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