Md. Code Regs. 09.12.22.04

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

Section 09.12.22.04 - Responsible Individuals

A. The Commissioner or the Commissioner's authorized representative is responsible for the overall administration and implementation of the procedures contained in this chapter, including making a final determination concerning:

(1) Access to personally identifiable employee medical information; and

(2) Interagency transfer or public disclosure of personally identifiable employee medical information.

B. Medical Records Officer.

(1) The Commissioner or the Commissioner's authorized representative shall designate a medical records officer with experience or training in the evaluation, use, and privacy protection of medical records.

(2) The medical records officer shall:

(a) Report directly to the Commissioner or the Commissioner's authorized representative on matters concerning this chapter; and

(b) Be responsible for:

(i) Making a recommendation to the Commissioner or the Commissioner's authorized representative regarding the approval or denial of a written access order,

(ii) Assuring that a written access order meets the requirements of Regulation .05B and C of this chapter,

(iii) Responding to an objection from an employee, collective bargaining agent, or employer concerning a written access order,

(iv) Regulating the use of direct personal identifiers,

(v) Regulating internal agency use and security of personally identifiable employee medical information,

(vi) Assuring that the results of an analysis of personally identifiable medical information are, when appropriate, communicated to employees,

(vii) Preparing an annual report of experience under Regulation .10 of this chapter, and

(viii) Assuring that advance notice is given of intended interagency transfer or public disclosure of personally identifiable employee medical information.

C. Principal Investigator.

(1) The principal investigator is the MOSH representative who, in each instance of access to personally identifiable employee medical information, is made primarily responsible for assuring that the examination and use of the information is performed in the manner prescribed by:

(a) A written access order; and

(b) The requirements of this chapter.

(2) When access is under a written access order, the principal investigator shall be professionally trained in medicine, public health, or allied fields such as epidemiology, toxicology, industrial hygiene, biostatistics, or environmental health.

Md. Code Regs. 09.12.22.04