PROPOSAL
Issue Date: January 19, 2018
Volume 45 • Issue 2 • Pages 117—118
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS
10.65.01 General Regulations
Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6–101, 6–201, and 6–206[,]; Annotated Code of Maryland
Notice of Proposed Action
[18-016-P]
The Secretary of Health proposes to adopt new Regulation .15 under COMAR 10.65.01 General Regulations. This action was considered at a public meeting on October 25, 2017, notice of which was given by publication on the Board of Massage Therapy Examiner’s website at https://health.maryland.gov/massage/Pages/about.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to adopt regulations authorizing the Board to find that a compelling public purpose exists to warrant disclosure of information in certain files, regardless of whether there has been a request for the information if the information concerns:
(1) Possible criminal activity and the disclosure is to a federal, state, or local law enforcement or prosecutorial authority;
(2) A possible violation of law and the disclosure is to a federal, state, or local authority with jurisdiction over the individual whose conduct may be a violation and the information is limited to information relevant to the possible violation; and
(3) Conduct by an individual that the Board reasonably believes may pose a risk to the public health, safety, or welfare, and the disclosure is to a law enforcement authority, administrative official, or agency that regulates the individual, a hospital, or other health care facility where the individual has privileges.
This regulation is not intended to prohibit the Board from disclosing general licensing information as authorized by General Provisions Article, Annotated Code of Maryland, or any other information that the Board may otherwise disclose by law.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 20, 2018. A public hearing has not been scheduled.
.15 Compelling Public Purpose Disclosure.
A. The Board may find that a compelling public purpose warrants disclosure of information in an application, certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information concerns:
(1) Possible criminal activity and the disclosure is to a federal, state, or local law enforcement or prosecutorial official or authority;
(2) A possible violation of law and the disclosure is to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or
(3) Conduct by an individual that the Board reasonably believes may pose a risk to the public health, safety, or welfare, and the disclosure is to:
(a) A law enforcement authority;
(b) An administrative official;
(c) An Agency that regulates the individual; or
(d) A hospital or other health care facility where the individual has privileges.
B. Other Disclosures. This regulation does not prohibit or limit the Board’s ability to disclose:
(1) General licensing information as provided in General Provisions Article, §4-333(c), Annotated Code of Maryland; or
(2) Any information that the Board may otherwise disclose by law.
DENNIS SCHRADER
Secretary of Health
