Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 10 - LABORATORIES
Chapter 10.10.10 - Job-Related Alcohol and Controlled Dangerous Substances Testing
Section 10.10.10.09 - Confidentiality

Universal Citation: MD Code Reg 10.10.10.09

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

A. General. Except as otherwise provided in an employer's written drug testing policy, in this regulation, or in Health-General Article, §17-214, Annotated Code of Maryland, all information, interviews, reports, statements, memoranda, and test results received or produced as a result of job-related alcohol or controlled dangerous substances testing are confidential and may be released only under a lawful subpoena, court order, or a release signed by the individual tested, or, in the case of a minor, by the individual's parent or legal guardian.

B. Nonprescription and Medically Prescribed Drugs. In the course of obtaining information for, or as a result of, conducting job-related alcohol or controlled dangerous substances testing for an employer, a laboratory, a physician, including a physician retained by the employer, or any other person, may not reveal to the employer information regarding the use of a:

(1) Nonprescription drug, excluding alcohol, that is not prohibited under the laws of the State; or

(2) Medically prescribed drug, unless the individual being tested is unable to establish that the drug was medically prescribed under the laws of the State.

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