# COMAR Title 10 — Maryland Department of Health

## Subtitle 57 — Board for the Certification of Residential Child Care Program Professionals

### Chapter 08 — Compelling Purpose Disclosure

**Authority:** General Provisions Article, §4-333; Health Occupations Article, §20-205; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative 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)

**Administrative History:** Chapter recodified from COMAR 10.57.07 to COMAR 10.57.08 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 617)

#### Regulation .01 Disclosure for Compelling Public Purpose.

*COMAR 10.57.08.01*

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.