Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.22 - Personally Identifiable Employee Medical Information
Section 09.12.22.04 - Responsible Individuals
Universal Citation: MD Code Reg 09.12.22.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Commissioner or the Commissioner's authorized representative is responsible for the overall administration and implementation of the procedures contained in this chapter, including making a final determination concerning:
(1) Access to personally identifiable
employee medical information; and
(2) Interagency transfer or public disclosure
of personally identifiable employee medical information.
B. Medical Records Officer.
(1) The Commissioner or the Commissioner's
authorized representative shall designate a medical records officer with
experience or training in the evaluation, use, and privacy protection of
medical records.
(2) The medical
records officer shall:
(a) Report directly to
the Commissioner or the Commissioner's authorized representative on matters
concerning this chapter; and
(b) Be
responsible for:
(i) Making a recommendation
to the Commissioner or the Commissioner's authorized representative regarding
the approval or denial of a written access order,
(ii) Assuring that a written access order
meets the requirements of Regulation .05B and C of this chapter,
(iii) Responding to an objection from an
employee, collective bargaining agent, or employer concerning a written access
order,
(iv) Regulating the use of
direct personal identifiers,
(v)
Regulating internal agency use and security of personally identifiable employee
medical information,
(vi) Assuring
that the results of an analysis of personally identifiable medical information
are, when appropriate, communicated to employees,
(vii) Preparing an annual report of
experience under Regulation .10 of this chapter, and
(viii) Assuring that advance notice is given
of intended interagency transfer or public disclosure of personally
identifiable employee medical information.
C. Principal Investigator.
(1) The principal investigator is the MOSH
representative who, in each instance of access to personally identifiable
employee medical information, is made primarily responsible for assuring that
the examination and use of the information is performed in the manner
prescribed by:
(a) A written access order;
and
(b) The requirements of this
chapter.
(2) When access
is under a written access order, the principal investigator shall be
professionally trained in medicine, public health, or allied fields such as
epidemiology, toxicology, industrial hygiene, biostatistics, or environmental
health.
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