HARRY HUGHES, Governor

2705

(II) AN ALLEGATION IS PENDING BEFORE THE
COMMISSION; AND

(2) (3) THE COMMISSION DETERMINES THAT THE
REQUESTED INFORMATION IS NECESSARY FOR THE PROPER CONDUCT OF
THE BUSINESS OF THAT AGENCY ADMINISTRATION OR BOARD.

(G) IF THE COMMISSION DETERMINES THAT THE INFORMATION
CONTAINED IN A RECORD CONCERNS POSSIBLE CRIMINAL ACTIVITY OF
A LICENSED PHYSICIAN, THE COMMISSION MAY SHALL DISCLOSE THE
INFORMATION TO A LAW ENFORCEMENT OR PROSECUTORIAL OFFICIAL.

(H) (1) THE COMMISSION MAY PUBLISH A SUMMARY OF ANY
ALLEGATIONS OF GROUNDS FOR DISCIPLINARY OR OTHER ACTION.

(2) A SUMMARY MAY NOT IDENTIFY:

(I)  ANY PERSON WHO MAKES AN ALLEGATION TO
THE COMMISSION OR ANY OF ITS INVESTIGATORY BODIES;

(II)  A LICENSED PHYSICIAN ABOUT WHOM AN
ALLEGATION IS MADE; OR

(III)  A WITNESS IN AN INVESTIGATION OR A
PROCEEDING BEFORE THE COMMISSION OR ANY OF ITS INVESTIGATORY
BODIES.

(I) THE COMMISSION SHALL DISCLOSE INFORMATION IN A
RECORD UPON THE REQUEST OF THE LEGISLATIVE AUDITOR, PURSUANT
TO ARTICLE 40, SECTION 61B, OR OF THE DEPARTMENT OF FISCAL
SERVICES, PURSUANT TO ARTICLE 41, SECTION 488. HOWEVER,
NEITHER THE DEPARTMENT NOR ANY OF ITS EMPLOYEES, INCLUDING
THE AUDITOR, NOR ANY OF THE AUDITOR'S EMPLOYEES MAY DISCLOSE
PERSONALLY IDENTIFIABLE INFORMATION FROM ANY OF THESE
RECORDS WHICH ARE OTHERWISE CONFIDENTIAL BY LAW.

(I) (J) THIS SECTION DOES NOT APPLY TO:

(1)  ANY DISCLOSURE OF A RECORD BY THE COMMISSION
TO ANY OF ITS INVESTIGATORY BODIES; OR

(2)  A PARTY TO A PROCEEDING BEFORE THE
COMMISSION WHO CLAIMS TO BE AGGRIEVED BY THE DECISION OF THE
COMMISSION.

(J) (K) IF ANY INFORMATION CONTAINED IN ANY MEDICAL OR
HOSPITAL DOCUMENT OR ANY OTHER EXHIBIT IS OTHERWISE OPEN FOR
DISCLOSURE UNDER LAW, THE USE OF THAT DOCUMENT OR EXHIBIT IN
ANY RECORD OF THE COMMISSION OR ANY OF ITS INVESTIGATORY
BODIES DOES NOT PREVENT ITS DISCLOSURE IN ANY OTHER
PROCEEDING.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.