§ 9-219. Confidential research records[Amendment subject to abrogation]

   (a) "Confidential research record" defined. --

   (1) In this section, "confidential research record" means a record, report, statement, note, or other information that:

      (i) is assembled or obtained for research or study by the Department or the Secretary; and

      (ii) names or otherwise identifies a person.

   (2) "Confidential research record" includes a record that was transferred to the custody of the Department by a predecessor agency.

(b) Custody. -- Each confidential research record shall remain in the custody and control of the Department.

(c) Use. -- A confidential research record may be used only for the research and study for which it was assembled or obtained.

(d) Disclosure. -- A person may not disclose a confidential research record to any person who is not engaged in the research or study for which it was assembled or obtained.

(e) Statistical information. -- This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of a confidential record.

(f) Required disclosure to Baltimore City Health Department's Office of Youth Violence Prevention; liability for unauthorized release of information; report. --

   (1) Notwithstanding the provisions of this section, the Department shall disclose to the Baltimore City Health Department's Office of Youth Violence Prevention, on a written request:

      (i) a confidential research record concerning a child to whom the Baltimore City Health Department's Office of Youth Violence Prevention is providing treatment or care, for a purpose relevant to the provision of the treatment or care;

      (ii) a confidential research record concerning a child convicted of a crime or adjudicated delinquent for an act that caused a death or near fatality; or

      (iii) a confidential research record concerning a victim of a crime of violence, as defined in § 14-101 of the Criminal Law Article, who is a child residing in Baltimore City, for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City.

   (2) (i) The Baltimore City Health Department's Office of Youth Violence Prevention shall keep confidential any information provided under paragraph (1) of this subsection.

      (ii) The Baltimore City Health Department's Office of Youth Violence Prevention shall be liable for the unauthorized release of information provided under paragraph (1) of this subsection.

   (3) Within 180 days after the Baltimore City Health Department's Office of Youth Violence Prevention receives a confidential research record under paragraph (1) of this subsection, the Baltimore City Health Department's Office of Youth Violence Prevention shall submit a report to the Department detailing the purposes for which the confidential record was used.

HISTORY: An. Code 1957, art. 83C, § 2-115(a), (c)-(h); 2007, ch. 3, § 2, 7; 2008, chs. 602, 603; 2013, ch. 474.