1. A. General. Except as otherwise provided in an employer's written drug testing policy, in this regulation, or in Health-General Article, §17-214, Annotated Code of Maryland, all information, interviews, reports, statements, memoranda, and test results received or produced as a result of job-related alcohol or controlled dangerous substances testing are confidential and may be released only under a lawful subpoena, court order, or a release signed by the individual tested, or, in the case of a minor, by the individual's parent or legal guardian.

2. B. Nonprescription and Medically Prescribed Drugs. In the course of obtaining information for, or as a result of, conducting job-related alcohol or controlled dangerous substances testing for an employer, a laboratory, a physician, including a physician retained by the employer, or any other person, may not reveal to the employer information regarding the use of a:

   1. (1) Nonprescription drug, excluding alcohol, that is not prohibited under the laws of the State; or
   2. (2) Medically prescribed drug, unless the individual being tested is unable to establish that the drug was medically prescribed under the laws of the State.

Authority: Health-General Article, §§17-202 and 17-214, Annotated Code of Maryland

Effective date: October 5, 1998 (25:20 Md. R. 1529)

Chapter, COMAR 10.10.05, recodified to COMAR 10.10.10 effective December 13, 1999 (26:25 Md. R. 1897)

Regulation .03B amended effective February 18, 2002 (29:3 Md. R. 220); December 11, 2003 (30:24 Md. R. 1741)

Regulation .04 repealed and new Regulation .04 adopted effective February 18, 2002 (29:3 Md. R. 220)

Regulation .06 amended effective February 18, 2002 (29:3 Md. R. 220); December 11, 2003 (30:24 Md. R. 1741)

Regulation .10 adopted effective February 18, 2002 (29:3 Md. R. 220)

Regulation .10F amended effective July 22, 2002 (29:14 Md. R. 1074)