Maryland Health - General Section 4-3A-02

Article - Health - General

§ 4-3A-02.

      (a)      In this subtitle, "Advisory Council" means the State Advisory Council on Medical Privacy and Confidentiality.

      (b)      (1)      The Advisory Council consists of 29 members.

            (2)      The Advisory Council shall consist of 29 voting members appointed by the Governor.

            (3)      Of the 29 voting members:

                  (i)      One shall be the Secretary of Health and Mental Hygiene or the Secretary's designee;

                  (ii)      Three shall be licensed physicians, including:

                        1.      One board certified pediatrician with expertise in the confidentiality of children's medical records; and

                        2.      One licensed psychiatrist;

                  (iii)      One shall be a licensed dentist;

                  (iv)      One shall be a representative of the health insurance industry;

                  (v)      One shall be a representative of the hospital industry;

                  (vi)      One shall be a representative of a medical institution that is engaged in medical research;

                  (vii)      Three shall be consumer members, including one from the Maryland Patient Advocacy Group;

                  (viii)      One shall be a representative of an interest group that is interested in medical confidentiality;

                  (ix)      One shall be a representative from the Mental Health Association;

                  (x)      One shall be a licensed nurse;

                  (xi)      One shall be a representative of a State health care regulatory commission that is involved in the collection of data;

                  (xii)      One shall be a medical ethicist;

                  (xiii)      One shall be a computer security and encryption expert;

                  (xiv)      One shall be a member of the Maryland Plaintiff's Bar Association;

                  (xv)      One shall be a member of the Maryland Defense Bar Association;

                  (xvi)      One shall be a representative of the Department of Health and Mental Hygiene with specific knowledge of State and federal regulations on confidentiality relative to mental health treatment;

                  (xvii)      One shall be a representative of organized labor;

                  (xviii)      One shall be a medical records professional;

                  (xix)      One shall be a representative from the Association of Chain Drugstores;

                  (xx)       One shall be a licensed psychologist;

                  (xxi)      One shall be a representative of the life insurance industry;

                  (xxii)      One shall be a licensed pharmacist;

                  (xxiii)      One shall be a licensed clinical social worker;

                  (xxiv)      One shall be a member of the Senate of Maryland; and

                  (xxv)      One shall be a member of the Maryland House of Delegates.

      (c)      (1)      The term of a voting member is 4 years.

            (2)      The terms of members are staggered as required by the terms provided for members of the Advisory Council.

            (3)      At the end of a term, a member continues to serve until a successor is appointed and qualifies.

            (4)      A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

      (d)      The Governor may remove a member for incompetence or misconduct.



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