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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0316*
HOUSE BILL 316
J1 6lr1740
By: Delegates Kaufman, Holmes, A. Johnson, S. Johnson, and Shetty
Introduced and read first time: January 15, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Confidentiality of Medical Records – Definition of Medical Record 2
FOR the purpose of altering the definition of “medical record” for purposes of law governing 3
the confidentiality of medical records to require that certain information be recorded 4
by a health care provider through certain means , instead of entered into the record 5
of a patient or recipient, and to include certain electronic messages; and generally 6
relating to the confidentiality of medical records. 7
BY repealing and reenacting, without amendments, 8
Article – Health – General 9
Section 4–301(a) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 4–301(k) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20
4–301. 21
(a) In this subtitle the following words have the meanings indicated. 22
(k) (1) “Medical record” means any oral, written, or other transmission in any 23
form or medium of information that: 24
2 HOUSE BILL 316
(i) Is [entered in the record of a patient or recipient ] RECORDED 1
BY A HEALTH CARE PROVIDER THROUGH WRITTEN, ELECTRONIC, OR OTHER MEANS, 2
INCLUDING AUDIO OR VIDEO MEANS; 3
(ii) Identifies or can readily be associated with the identity of a 4
patient or recipient; and 5
(iii) Relates to the health care of the patient or recipient. 6
(2) “Medical record” includes any: 7
(i) Documentation of disclosures of a medical record to any person 8
who is not an employee, agent, or consultant of the health care provider; 9
(ii) File or record maintained under § 12 –403(c)(13) of th e Health 10
Occupations Article by a pharmacy of a prescription order for drugs, medicines, or devices 11
that identifies or may be readily associated with the identity of a patient; 12
(iii) Documentation of an examination of a patient regardless of who: 13
1. Requested the examination; or 14
2. Is making payment for the examination; [and] 15
(iv) File or record received from another health care provider that: 16
1. Relates to the health care of a patient or recipient received 17
from that health care provider; and 18
2. Identifies or can readily be associated with the identity of 19
the patient or recipient; AND 20
(V) ELECTRONIC MESSAGE SE NT OR RECEIVED BY A HEALTH 21
CARE PROVIDER THAT I DENTIFIES OR MAY REA DILY BE ASSOCIATED WITH THE 22
IDENTITY OF A PATIENT. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2026. 25