Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as
otherwise provided in this chapter, a person shall keep information prepared
for or maintained in the BAR, including biological agent incident response
plans required by Regulation .12 of this chapter:
(1) Confidential; and
(2) Protected from unauthorized access and
use.
B. BAR information
is not subject to State Government Article, Title 10, Subtitle 6, Annotated
Code of Maryland.
C. Release or
sharing of BAR information as authorized in this chapter does not render the
BAR information released or shared a public record.
D. Except as provided in §§G-I of
this regulation, a person to whom BAR information has been released may not
release the information to another person unless the release is approved by the
BAR Program.
E. The BAR Program may
release BAR information only to:
(1) State and
federal law enforcement agencies;
(2) CDC;
(3) BAR information custodians of trusted
partners;
(4) The Secretary or
designee; and
(5) The health
officer of any affected jurisdiction.
F. Before the BAR Program releases BAR
information to a person, except State and federal law enforcement agencies, the
CDC, and the Department, the person shall:
(1) Enter into and maintain a trusted partner
agreement;
(2) Conduct a BAR
information security self-assessment; and
(3) Submit the results of a BAR information
security self-assessment to the BAR Program for approval.
G. Mutual Aid Response. When multiple local
jurisdictions respond to an emergency or biological agent incident, the
Emergency Management Director of one responding jurisdiction may share BAR
information with an Emergency Management Director from another local
jurisdiction, and the health officer of one jurisdiction may share BAR
information with the health officer of another jurisdiction that is providing
mutual aid by assisting with the emergency response.
H. Emergency Release Activation Process.
(1) A trusted partner may release on an
emergency basis BAR information about the nature and location of a biological
agent to another trusted partner or emergency public safety personnel when:
(a) An on-site alarm goes off at a person's
facility where a biological agent is located and an individual at the site is
required to place a telephone call to a 9-1-1 center;
(b) A 9-1-1 center dispatches emergency
public safety personnel to a site where a biological agent is known to be
located; or
(c) There is a reported
breach of containment or imminent threat of a breach of containment of a
biological agent that poses an immediate threat to the health and safety of the
public or emergency public safety first responders.
(2) MIEMSS may release on an emergency basis
the nature and location of a biological agent to a:
(a) Police officer, as defined in Public
Safety Article, §3-201(e),
Annotated Code of Maryland, who is responding to an emergency; and
(b) Fire, rescue, or emergency medical
services entity, as defined in Public Safety Article, §7-101, Annotated Code
of Maryland, when responding to an emergency.
I. 24/7 Access to BAR Information.
(1) MDE, MEMA, and MTEMSS may act as a
back-up to the BAR Program by maintaining:
(a) 24/7 (24 hours a day, 7 days a week)
access to BAR information; and
(b)
Access to BAR information when a trusted partner does not have access to BAR
information.
(2) MDE,
MEMA, or MIEMSS may release BAR information regarding the nature and location
of a biological agent to each other or another BAR Program trusted partner if
the trusted partner is unable to obtain access to BAR
information.
J. Emergency
Release of Name or Identity of a Biological Agent. MDE, MEMA, or MIEMSS may
release by any necessary means of communication the name or identity of the
specific biological agent located at the site of an emergency response to
protect the health and safety of the public and emergency response personnel
if:
(1) There is:
(a) A breach in containment of a biological
agent;
(b) An imminent threat of a
breach of containment; or
(c) An
exposure or potential exposure;
(2) The breach or imminent threat of a
breach, exposure, or potential exposure is confirmed by the:
(a) Responsible official; or
(b) Emergency public safety personnel at the
scene of the emergency response;
(c) Occupational Health; and
(3) The release is approved by the
Department's physician on-call.
K. Departmental Authorization to Release Name
or Identity of Biological Agent.
(1) The
Department's physician on-call may release the name or identity of a biological
agent as required to mitigate the risk and treat those exposed based on the
potential threat to the health and safety of the public.
(2) The Department's physician on-call shall
decide when, how, and to whom to release the name or identity of the biological
agent.
L. Notification
Protocol.
(1) When there is a breach or
imminent threat of a breach in containment of a biological agent, exposure, or
potential exposure as described in §J of this regulation, the:
(a) Responsible official or other designated
person shall immediately notify the Emergency Management Director and health
officer of any affected jurisdiction;
(b) Public safety personnel responding to an
emergency shall contact the public safety personnel's 9-1-1 center;
and
(c) 9-1-1 center personnel
shall notify MIEMSS and each of the following individuals in the jurisdiction
where the breach, exposure, or potential exposure occurred:
(i) The Emergency Management Director,
and
(ii) The health
officer.
(2)
When MIEMSS receives notice of a breach or an imminent threat of a breach of
containment of a biological agent, exposure, or potential exposure, MIEMSS
shall notify:
(a) The Department's:
(i) Physician on-call; and
(ii) BAR Program within the Office of
Laboratory Emergency Preparedness and Response;
(b) MDE;
(c) MEMA; and
(d) The health officer of any affected
jurisdiction.
(3)
Immediately after the health officer is notified by 9-1-1 center personnel, the
health officer shall contact the Department's physician on-call to:
(a) Verify the BAR information release;
and
(b) Confirm a plan of action
regarding:
(i) Release of BAR information;
and
(ii) Measures to be taken to
protect the health and safety of the public.
M. Using a form provided
by the BAR Program, a trusted partner shall notify the BAR Program within 72
hours after the:
(1) Trusted partner's BAR
information custodian releases or shares BAR information; or
(2) Trusted partner releases or shares BAR
information with another trusted partner.
