Md. Code Regs. 10.57.08.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.57.08.01 - Disclosure for Compelling Public Purpose

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.

Md. Code Regs. 10.57.08.01

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