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 09.12.22.06 - MOSH Use of Personally Identifiable Employee Medical Information

Universal Citation: MD Code Reg 09.12.22.06

Current through Register Vol. 51, No. 19, September 20, 2024

A. Whenever practicable, the examination of personally identifiable employee medical information shall be performed onsite with a minimum of medical information taken offsite in a personally identifiable form.

B. The principal investigator, in each instance of access, is primarily responsible for ensuring that personally identifiable employee medical information is used and kept secured in accordance with this chapter.

C. The principal investigator, the medical records officer, the Commissioner or the Commissioner's authorized representative, and any other authorized individual listed on a written access order may permit the examination or use of personally identifiable employee medical information by MOSH personnel and contractors who have:

(1) A need for access; and

(2) Appropriate qualifications for the purpose for which they are using the information.

D. MOSH personnel or contractors are not authorized to examine or otherwise use personally identifiable employee medical information unless so permitted.

E. If a need exists, access to personally identifiable employee medical information may be provided to:

(1) An assistant attorney general assigned to MOSH; and

(2) A MOSH contractor who:
(a) Is a physician, or

(b) Has contractually agreed to abide by the requirements of this chapter and to implement directives and instructions regarding them.

F. MOSH personnel and contractors are authorized to use personally identifiable employee medical information only for the purposes for which it was obtained unless the:

(1) Specific written consent of the affected employee is obtained to permit information to be used for another purpose; or

(2) Procedures in Regulation .05 of this chapter are repeated with respect to using the information for another purpose.

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