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

2. B. For the purpose of this chapter, “personally identifiable employee medical information”:

   1. (1) Means employee medical information accompanied by either:

      1. (a) Direct identifiers, including:

         1. (i) Name,
         2. (ii) Address,
         3. (iii) Social Security number,
         4. (iv) Payroll number; or

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

         1. (i) Exact age,
         2. (ii) Height,
         3. (iii) Weight,
         4. (iv) Race,
         5. (v) Sex,
         6. (vi) Date of initial employment, or
         7. (vii) Job title;

   2. (2) Does not include:

      1. (a) Aggregate employee medical information or medical records on individual employees not in a personally identifiable form;
      2. (b) Personally identifiable employee medical information obtained in the course of litigation;
      3. (c) Records required by COMAR 09.12.21;
      4. (d) Death certificates; or
      5. (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.

Authority: Labor and Employment Article, §§2-106(b)(4) and 5-312, Annotated Code of Maryland; 29 CFR §1913.10(d) and 29 U.S.C. §668

Effective date: July 5, 1993 (20:13 Md. R. 1047)