Md. Code Ann. Health—Gen. § 4-307 - Confidentiality of mental health records; disclosure

Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
 
Disclosure With Consent:
A patient may make a written request for disclosure, and documentation relating to the disclosure must be included in the patient’s record.
 
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         If the patient is being transferred to a detention or correctional facility
·         To a provider that is required by law to admit the patient
·         To a provider that is ordered by the court to involuntarily commit the patient; in this context, disclosure must be deemed necessary to ensuring the patient continues to receive services
·         An oral request for disclosure may be made in a medical emergency, provided that documentation relating to the disclosure is included in the patient’s medical record.
 
Disclosure Pursuant to Court Order:
Mental health information may be disclosed pursuant to a court order to a court, an administrative law judge, a health claims arbitrator, or a party to a legal proceeding, provided that the Rules of Evidence are observed. Further, a court may issue a subpoena compelling disclosure if the recipient is a licensing or disciplinary board investigating the licensure or practice of a health professional. Further, a court may issue a subpoena compelling disclosure or to a grand jury, prosecution or law enforcement agency for purposes of investigating a crime, provided that the agency has policies and procedures to protect patient-identifying information to the extent possible.