Md. Code Regs. 09.12.22.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.22.03 - Definition

A. The definitions set forth in COMAR 09.12.20 apply to this chapter.

B. For the purpose of this chapter, "personally identifiable employee medical information":

(1) Means employee medical information accompanied by either:

(a) Direct identifiers, including:

(i) Name,

(ii) Address,

(iii) Social Security number,

(iv) Payroll number; or

(b) Information which could reasonably be used indirectly to identify specific employees, including:

(i) Exact age,

(ii) Height,

(iii) Weight,

(iv) Race,

(v) Sex,

(vi) Date of initial employment, or

(vii) Job title;

(2) Does not include:

(a) Aggregate employee medical information or medical records on individual employees not in a personally identifiable form;

(b) Personally identifiable employee medical information obtained in the course of litigation;

(c) Records required by COMAR 09.12.21;

(d) Death certificates; or

(e) Employee exposure records, including biological monitoring records which constitute exposure records under either 29 CFR § 1910.1020(c)(5) or specific occupational safety and health standards.

Md. Code Regs. 09.12.22.03