Chapter 08. Compelling Purpose Disclosure
Regulation .01 Disclosure for Compelling Public Purpose.LinkCopy Citation
A.
A custodian may disclose information in a certification or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure.
B.
A custodian may find that a compelling public purpose warrants disclosure of information in a certification or investigative file, whether or not there has been a request for the information, under the following circumstances:
(1)
The information concerns possible criminal activity and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;
(2)
The information concerns a possible regulatory violation and is disclosed to a federal, state, or local regulatory authority which has jurisdiction over the individual whose conduct may be a violation and the information disclosed is limited to the possible regulatory violation by that individual; or
(3)
The information concerns conduct by an individual which the custodian 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 which regulates the individual, or to a hospital or other health care facility where the individual has privileges.
Chapter annotations
Authority: General Provisions Article, §4-333; Health Occupations Article, §20-205; Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.02 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)
History: Chapter recodified from COMAR 10.57.07 to COMAR 10.57.08 effective April 19, 2010 (37:8 Md. R. 617)
History: Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 617)