HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/MD-CODE.ASC

Text File | 1993-01-14 | 45KB | 1,179 lines

/* Maryland's statutes follow. */



(2)  A director of a medical laboratory, the Secretary, a health
officer, or an agent of the director, Secretary, or health
officer may not compile or distribute a reproducible list of any
of the names of patients in reports relating to human
immunodeficiency virus infection or CD 4 count, if less than
200/MM3.



 18-207. Human immunodeficiency virus.

The director of a medical laboratory in which serum samples are
tested for human immunodeficiency virus may not disclose,
directly or indirectly, the identity of any individual tested for
human immunodeficiency virus in any report submitted to the
Department or the health officer for the county where the
laboratory is located.



Part II. Control of Infectious and Contagious Diseases.



 18-213. Notification of fire fighters, emergency medical
technicians, rescue squadmen, law enforcement officers,
correctional officers, etc., of exposure to contagious disease or
virus; educational programs; equipment.

(a) Definitions. - (1) In this section the following words have
the meanings indicated.

(2) "Contagious disease or virus" means:

(i) Human immunodeficiency virus (HIV);

(ii) Hepatitis B;

(iii) Meningococcal meningitis;

(iv) Tuberculosis; or

(v) Mononucleosis.

(3) "Law enforcement officer" means any person who, in an
official capacity, is authorized by law to make arrests and who
is a member of one of the following law enforcement agencies:

(i) The Maryland State Police;

(ii) The Baltimore City Police Department;

(iii) The police department, bureau, or force of any county;

(iv) The police department, bureau, or force of any incorporated
city or town;

(v) The office of the sheriff of any county;

(vi) The police department, bureau, or force of any bicounty
agency or constituent institution of the University of Maryland
System, Morgan State University, St. Mary's College, or of any
institution under the jurisdiction of the Maryland Higher
Education Commission;

(vii) The Maryland Aviation Administration police force of the
Department of Transportation, the Mass Transit Administration
police force of the Department of Transportation, the Maryland
Toll Facilities police force of the Maryland Transportation
Authority, and the Maryland Port Administration police force of
the Department of Transportation;

(viii) The law enforcement officers of the Department of Natural
Resources; or

(ix) The Maryland Alcohol and Tobacco Tax Enforcement Unit.

(4) "Correctional institution" means a place of detention or
correctional confinement operated by or for the State or a local
government.

(5)  (i) "Correctional officer" means a member of a correctional
unit who is charged with and actually performs those duties that
relate to the investigation, care, custody, control, or
supervision of persons confined to places of incarceration.

(ii) "Correctional officer" includes any sheriff, warden,
superintendent, or  any other person having an equivalent title.

(6)  "Medical care facility" means a hospital as defined in  19-
301 of this title or a health care facility of a correctional
institution.

(b) Fire fighter. emergency medical technician, or rescue
squadman. While treating or transporting an ill or injured
patient to a medical care facility or while acting in the
performance of duty, if a paid or volunteer fire fighter.
emergency medical technician, or rescue squadman comes into con
tact with a patient who is subsequently diagnosed as having a
contagious disease or virus as a result of information obtained
in conjunction with the services provided during the visit to the
facility, the attending physician, medical examiner, a designee
of the medical care facility who receives the patient, the chief
medical examiner, or the chief medical examiner's designee shall
notify the fire fighter. emergency medical technician, or rescue
squadman, and the employer or employer's designee of the
individual's possible exposure to the contagious disease or
virus.

(c)  Law enforcement officer. If, while treating or transporting
an ill or injured patient to a medical care facility or while
acting in the performance of duty, a law enforcement officer
comes into contact with a patient who is subsequently diagnosed,
as a result of information obtained in conjunction with the
services provided during the visit to the facility, as having a
contagious disease or virus, the attending physician, medical
examiner, a designee of the medical care facility who receives
the patient, the chief medical examiner or the chief medical
examiner's designee shall notify the law enforcement officer and
the officer's employer or employer's designee of the officer's
possible exposure to the contagious disease or virus.

(d)  Correctional officers, etc. - If, while treating or
transporting an ill or injured inmate to a medical care facility
or while acting in the performance of duty, a correctional
officer comes into contact with an inmate who is subsequently
diagnosed, as a result of information obtained in conjunction
with the services provided during the visit to the facility, as
having a contagious disease or virus, the attending physician,
medical examiner, a designee of the medical care facility that
receives the inmate, the chief medical examiner, or the chief
medical examiner's designee shall notify the correctional officer
and the correctional officer's correctional institution or the
correctional institution's designee of the officer's possible
exposure to the contagious disease or virus.

(e)  when notice made; written confirmation; confidentiality. -
The notification required under subsection (b), (c). or (d) of
this section shall:

(1)  Be made within 48 hours, or sooner, of confirmation of the
patient's diagnosis:

2)   Include subsequent written confirmation of possible exposure
to the contagious disease or virus:

(3)  Be conducted in a manner that will protect the
confidentiality of the patient; and

4)   To the extent possible, be conducted in a manner that will
protect the confidentiality of the fire fighter, emergency
medical technician, rescue squadman, law enforcement officer, or
correctional officer.

(f) Compliance with section. - The written confirmation required
under illustration (e) (2) of this section shall constitute
compliance with this section.

     (g)  Written procedures for implementation of section. -
Each medical care facility shall develop written procedures for
the implementation of this section, and, upon request, make
copies available to the local fire authority, the local fire
authority's designee. the local law enforcement authority. the
local enforcement authority's designee. the correctional officer,
or the correctional institution's designee having jurisdiction.

(h) Liability of medical care facility or physician - Breach of
patient confidentiality. - A medical care facility, physician,
chief medical examiner or the chief medical examiner's designee
acting in good faith to provide notification in accordance with
this section may not be liable in any cause of action related to
the breach of patient confidentiality.

(i) Same  - Failure to provide notice. - A medical care facility,
physician, chief medical examiner, or the chief medical
examiner's designee acting in good faith to provide notification
in accordance with this section may not be liable in any cause of
action for:

(1)  The failure to give the required notice, if the fire
fighter, emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer fails to properly
initiate the notification procedures developed by the health care
facility under subsection (g) of this section; or

(2) The failure of the employer or employer's designee to
subsequently notify the fire fighter, emergency medical
technician, rescue squadman, law enforcement officer, or
correctional officer of the possible exposure to a contagious
disease or virus.

(j)  Educational programs. - A fire fighter, emergency medical
technician, rescue squadman, law enforcement officer, or
correctional officer shall receive from their employers or local
governmental bodies, at the expense of the employer or local
governmental body, as part of their training, education on:

(1)  (i) The routes of transmission of HIV and Hepatitis B Virus;
and

(ii) The routes by which a fire fighter, emergency medical
technician, rescue squadman, law enforcement officer, or
correctional officer may be exposed to HIV and Hepatitis B Virus;
and

(2)  The current centers for disease control guidelines for
preventing prehospital exposure to HIV and Hepatitis B while
rendering emergency medical care.

(k)  Equipment. - A fire fighter, emergency medical technician,
rescue squadman, law enforcement officer, or correctional officer
shall receive from their employers, associations, or local
governmental bodies, at the employers, associations, or local
governmental bodies' expense, equipment recommended by the
Centers for Disease Control to protect a fire fighter, emergency
medical technician, rescue squadman, law enforcement officer, or
correctional officer from exposure to HIV and Hepatitis B while
rendering emergency medical care.

(1)  Procedures. - (1) The fire department, law enforcement
agency, and all other agencies or organizations employing a fire
fighter. emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer shall develop
written procedures for the implementation of this section.

(2)  On request, copies of the procedures developed in this
subsection shall be made available to employees, employee unions,
volunteer associations, and the Secretary.

(m)  Effect of section. - A person under this section may not
refuse to treat or transport an individual because the individual
is HIV positive.

 18-213. Notification of fire fighters, emergency medical
technicians, rescue squadmen, law enforcement officers,
correctional officers, etc., of exposure to contagious disease or
virus; educational programs; equipment.

(a)  Definitions.

(3)  "Law enforcement officer" means any person who, in an
official capacity, is authorized by law to make arrests and who
is a member of one of the following law enforcement agencies:

(i)  The Maryland State Police;

(ii) The Baltimore City Police Department;

(iii) The police department, bureau, or force of any county;

(iv) The police department, bureau, or force of any incorporated
city or town;

(v)  The office of the sheriff of any county;

(vi) The police department, bureau, or force of any bicounty
agency or constituent institution of the University of Maryland
System, Morgan State University, St. Mary's College, or of any
institution under the jurisdiction of the Maryland Higher
Education Commission;

(vii) The Maryland Aviation Administration police force of the
Department of Transportation, the Mass Transit Administration
police force of the Department of Transportation, the Maryland
Transportation Authority police force, and the Maryland Port
Administration police force of the Department of Transportation;

(viii) The law enforcement officers of the Department of Natural
Resources; or

(ix) the Maryland Alcohol and Tobacco Tax Enforcement Unit.



 18-213.1.     Notification of members of the State Fire Mar
shal's office of exposure to contagious disease or virus;
educational programs; equipment.

(a)  Definitions. - (1) In this section the following words have
the meanings indicated.

(2)  (i) "Body fluids" means:

1.   Any fluid containing visible blood, semen, or vaginal
secretions; or

2.   Cerebral spinal fluid, synovial, or amniotic fluid.

(ii) "Body fluid" does not include saliva, stool, nasal
secretions, sputum, tears, urine, or vomitus.

(3) "Contagious disease or virus" means:

(i)  Human immunodeficiency virus (HIV);

(ii) Hepatitis B;

(iii) Meningococcal meningitis;

(iv) Tuberculosis; or

(v)  Mononucleosis.

(4)  "Contact exposure" means as between a patient and a sworn
member of the State Fire Marshal's office:

(i) Percutaneous contact with blood or body fluids;

(ii) Mucocutaneous contact with blood or body fluids;

(iii) Open wound, including dermatitis, exudative lesions, or
chapped skin, contact with blood or body fluids for a prolonged
period; or

(iv) Intact skin contact with large amounts of blood or body
fluids for a prolonged period.

(5)  "Medical care facility" means a hospital as defined in
19.301 of this article or a health care facility of a
correctional institution.

(b)  Member of State Fire Marshal's office. - If, while treating
or transporting an ill or injured patient to a medical care
facility or while acting in the performance of duty, a sworn
member of the State Fire Marshal's office comes into contact
exposure with a patient who is subsequently diagnosed, as a
result of information obtained in conjunction with the services
provided during the visit to the facility, as having a contagious
disease or virus. the attending physician, medical examiner, a
designee of the medical care facility who receives the patient,
the chief medical examiner, or the chief medical examiner's
designee shall notify the sworn member of the State Fire
Marshal's office and the State Fire Marshal or the State Fire
Marshal's designee of the -officer's possible contact exposure to
the contagious disease or virus.

(c)  When notice made, written confirmation, confidentiality. -
The notification required under subsection (b) of this section
shall:

(1)  Be made within 48 hours of confirmation of the patient's
diagnosis;

(2)  Include subsequent written confirmation of possible contact
exposure to the contagious disease or virus;

3)   Be conducted in a manner that will protect the
confidentiality of the patient; and

(4)  To the extent possible, be conducted in a manner that will
protect the confidentiality of the sworn member of the State Fire
Marshal's office.

(d)  Compliance with this section. - The written confirmation
required under subsection (c) (2) of this section shall
constitute compliance with this section.

(e)  Written procedures for implementation of section. - Each
medical care facility shall develop written procedures for the
implementation of this section, and upon request, make copies
available to the State Fire Marshal's office.

(f)  Liability of medical care facility or physician - Breach of
patient confidentiality. - A medical care facility, physician,
chief medical examiner, or the chief medical examiner's designee
acting in good faith to provide notification in accordance with
this section may not be liable in any cause of action related to
the breach of patient confidentiality.

(g)  Same - Failure to provide notice. - A medical care facility,
physician, chief medical examiner, or the chief medical
examiner's designee acting in good faith to provide notification
in accordance with this section may not be liable in any cause of
action for:

(1)  The failure to give the required notice, if the sworn member
of the State Fire Marshal's office fails to properly initiate the
notification procedures developed by the health care facility
under subsection (e) of this section; or

(2)  The failure of the State Fire Marshal or the State Fire
Marshal's designee to subsequently notify the sworn member of the
State Fire Marshal's office of the possible contact exposure to a
contagious disease or virus.

(h) Educational programs. - A sworn member of the State Fire
Marshal's office shall receive from the State Fire Marshal's
office, at the expense of the State Fire Marshal's office, as
part of the member's training, education on:

(1)  (i) The routes of transmission of HIV and Hepatitis B virus;
and

(ii) The routes by which a sworn member of the State Fire
Marshal's office may be exposed to HIV and Hepatitis B virus; and

(2)  The current Centers for Disease Control guidelines for
preventing prehospital exposure to HIV and Hepatitis B while
rendering emergency medical care.

(i)  Equipment. - A sworn member of the State Fire Marshal's
office shall receive from the State Fire Marshal's office, at the
State Fire Marshal's expense, equipment recommended by the
Centers for Disease Control to protect a sworn member of the
State Fire Marshal's office from exposure to HIV and Hepatitis B
while rendering emergency medical care.

(j)  Procedures. - (1) The State Fire Marshal's office shall
develop written procedures for the implementation of this
section.

(2)  On request, copies of the procedures developed under this
subsection shall be made available to employees, employee unions,
volunteer associations, and the Secretary.

(k) Effect of section. - A person under this section may not
refuse to treat or transport an individual because the individual
is HIV positive.





Part VI. Acquired Immune Deficiency Syndrome (AIDS).

 18-336. Testing.

(b)  Consent required for testing; counseling. - Except as
provided in Article 27,  765 of the Code, before obtaining a
blood sample from an individual for the purpose of testing the
blood for the presence of HIV infection, a health care provider
shall:

(1)  Obtain written informed consent from the individual on a
uniform HIV informed consent form that the Department shall
develop consistent with the requirements of the Department as
established by regulations adopted by the Department; and

(2)  Provide the individual with pretest counseling, including:

(i)  Education about HIV infection and methods for preventing
transmission;

(ii) Information about a physician's duty to warn; and

(iii) Assistance in accessing health care available to an
individual who tests positive for the HIV infection.



 18-338. Inmates of correctional institutions.

(a) Definitions. -  (1) In this section the following words have
the meanings indicated.

(2)  "Correctional institution" means a place of detention or
correctional confinement operated by or for the State or a local
government.

(3)  "Correctional employee" means:

(i)  A person who is employed by a correctional institution; or

(ii) A person who performs duties in a correctional institution
by virtue of federal, State, or local government employment.

(4)  "Exposure" means, as between a correctional employee and an
inmate:

(i)  Percutaneous contact with blood, semen, or blood
contaminated fluids;

(ii) Mucocutaneous contact with blood, semen, or blood
contaminated fluids;

(iii) Open wound, including dermatitis, exudative lesions. or
chapped skin, contact with blood, semen, or blood contaminated
fluids; and

(iv) Intact skin contact with large amounts of blood, semen, or
blood contaminated fluid for a prolonged period.

(5)  "Health care provider" means any person, including a
physician or hospital, who is licensed or otherwise authorized in
this State to provide health care services and is under contract
with or operated by the correctional facility.





 18-338.1. Health care providers.

(a)  Definitions. - (1) In this section the following words have
the meanings indicated.

(2)  (i) "Body fluids" means:

1.   Any fluid containing visible blood. semen, or vaginal
secretions; or

2.   Cerebral spinal fluid, synovial. or amniotic fluid.

(ii) "Body fluid" does not include saliva, stool, nasal
secretions. sputum. tears. urine, or vomitus.

(3)  "Exposure" means as between a patient and a health care
provider:

(i)  Percutaneous contact with blood or body fluids;

(ii) Mucocutaneous contact with blood or body fluids;

(iii) Open wound, including dermatitis, exudative lesions, or
chapped skin, contact with blood or body fluids for a prolonged
period; or

(iv) Intact skin contact with large amounts of blood or body
fluids for a prolonged period.

(4)  "Health care facility" means a facility or office where
health or medical care is provided to patients by a health care
provider, including:

(i) A health care facility as defined in  19-101(e) (1) of this
article;

(ii) A facility operated by the Department or a health officer;

(iii) The office of a health care provider; or

(iv) A medical laboratory.

(5)  (i) "Health care provider" means a person who is licensed,
certified, or otherwise authorized under the Health Occupations
Article to provide health or medical care in:

1.   The ordinary course of business or practice of a profession;
or

2.   In an approved education or training program.

(ii) "Health care provider" includes any agent or employee of a
health care facility.

(iii) "Health care provider" does not include any individual who
is eligible to receive notification under the provisions of 18-
213 of this title, including any law enforcement officer or any
member of any fire department, ambulance company, or rescue
squad.

(6)  "HIV" means the human immunodeficiency virus that causes
Acquired Immune Deficiency Syndrome.

(b) informed consent - Requirements. - A physician, nurse, or
designee of a health care facility shall, at the request of an
exposed health care provider, seek the informed consent of a
patient to test a blood sample of the patient for the presence of
HIV when:

(1)  There has been an exposure between the patient and the
health care provider;

(2)  The health care provider involved in the exposure has given
prompt written notice of the exposure, in accordance with the
standards of the health care facility, to the chief executive
officer or the chief executive officer's designee of the health
care facility where the exposure occurred;

(3)  The exposure occurred based on the judgment of a physician
who is not the health care provider involved in the exposure; and

(4)  The health care provider involved in the exposure has given
informed consent and has submitted a blood sample to be tested
for the presence of HIV in accordance with the provisions of
subsection (d) of this section.

(c) Substitute consent. - If by virtue of the physical or mental
condition of a patient, a physician, nurse, or designee of a
health care facility is unable to obtain the informed consent of
the patient to test a blood sample of the patient for the
presence of HIV in accordance with subsection (b) of this
section, the physician, nurse, or designee of the health care
facility shall seek the consent of any person who has authority
to consent to medical care for the patient as provided under  20-
107 of this article or as otherwise authorized by law.

(d) Testing. - If the patient's informed consent has been
obtained in accordance with subsection (b) of this section or
substitute consent has been obtained in accordance with
subsection ) c of this section and the other requirements of
subsection (b) of this section have been satisfied, a physician
or the physician's designee shall:

(1)  Collect the blood sample from the patient and health care
provider involved in the exposure; and

(2)  Have the blood samples tested for the presence of HIV using
a test procedure approved by the Department.

(e) Notice of results - in general. - When a physician obtains
the results of a test for the presence of HIV that was conducted
in accordance with the provisions of subsection Id) of this
section, the physician or a designee of the health care facility
shall directly notify the health care provider and the patient of
the results of the patient's HIV test.

(fl Same - Requirements. - The notification required under
subsection Id) of this section shall:

(1)  Be made within 48 hours of confirmation of the results of
the patient's HIV test;

(2)  Include subsequent written confirmation of the possible
exposure to HIV; and

(3)  To the extent possible, be made in a manner that will
protect the confidentiality of the health care provider and the
patient.

(g)  Positive test results - Counseling. - If the results of a
test for the presence of HIV that was conducted in accordance
with the provisions of subsection Id) of this section are
positive, a physician or the physician's designee shall provide
or arrange for the provision of appropriate counseling to the
health care provider and the patient.

(h) Confidentiality. - (1) Notwithstanding the provisions of
Subtitle 3 of Title 4 of this article, the records, including any
physician order for an HIV test or the results of an HIV test
performed on a blood sample of a patient or a health care
provider in accordance with the provisions of this section may
not be documented in the medical record of the patient or health
care provider.

(2)  The health care facility shall maintain a separate
confidential record or incident report for all HIV tests
performed on a blood sample of a patient or health care provider
in accordance with the provisions of this section.

(3)  The health care facility shall adopt procedures for the
confidential testing of blood samples obtained in accordance with
the provisions of this section.

(4)  Except as provided in paragraph 15) of this subsection, the
records, including any physician order for an HIV test or the
results, of any HIV test performed on a blood sample of a patient
or health care provider in accordance with the provisions of this
section are:

(i) Confidential; and

(ii) Not discoverable or admissible in evidence in any criminal,
civil, or administrative action.

(5) If the identity of the patient or any other information that
could be readily associated with the identity of the patient is
not disclosed, the results of an HIV test performed on a patient
or health care provider in accordance with the provisions of this
section may be introduced into evidence in any criminal, civil,
or administrative action including the adjudication of a workers'
compensation claim.

(i) Costs. - The costs incurred in performing an HIV test on a
patient or health care provider in accordance with the provisions
of this section shall be paid by the health care facility.

(j) Procedures. - All health care facilities shall develop
written procedures to implement the provisions of this section.

(k) Liability of health care provider - Disclosures. - A health
care provider  or health care facility acting in good faith to
provide notification or maintain the confidentiality of the
results of a test for the presence of HIV in accordance with the
provisions of this section may not be held liable in any cause of
action related to a breach of patient or health care provider
confidentiality.

(1) Practice protocol. - The medical and surgical faculty of the
State of Maryland in consultation with the Centers for Disease
Control, the Maryland Hospital Association, and the Department of
Health and Mental Hygiene shall develop a practice protocol for
physicians who are infected with HIV.

Part VI. Acquired Immune Deficiency Syndrome (AIDS).





 18-333. Acquired Immune Deficiency Syndrome (AIDS) Research and
Information Program.

(a)  Establishment; contents of Program. - (1) The Secretary
shall establish and promote a statewide public information
program on Acquired Immune Deficiency Syndrome (AIDS).

(2)  The public information program shall:

(i)  Attempt to reach individuals at risk for contracting AIDS;

(ii) Encourage those individuals at risk for contracting AIDS to
take the necessary precautions to prevent transmission of the
HTLV-III virus; and

(iii) Include any other aspects that the Secretary considers
appropriate.

(b) Training programs. - The Secretary shall establish a program
to train physicians, physician's assistants, nurses, and other
health professionals in:

(1)  Diagnosing and treating AIDS or other conditions associated
with AIDS; and

(2) Methods to prevent the transmission of the HTLV-III virus.

(c)  Additional powers of Secretary. - To carry out this section,
the Secretary:

(1)  On request, shall receive the help of or information from
any agency of this State or of a political subdivision; and

(2 May contract for any necessary services.

(d)  Fees. - The Secretary may set a sliding fee schedule for
services provided under this section.

(e) Annual report. - (I) On or before July 1 of each year,
subject to  2-1312 of the State Government Article, the
Department shall submit an annual report to the Governor and the
General Assembly.

(2)  The annual report shall contain:

(i) The findings and recommendations of the Department on the
effectiveness of the programs under this section;

(ii) An evaluation of each program; and

(iii) Any proposed legislation that the Department considers
necessary and proper.



 18-334. Donors of semen, blood, or tissue.

(a) Definitions. - 11) In this section the following words have
the meanings indicated.

(2)  "HIV" means the human immunodeficiency virus that causes ac
quired immune deficiency syndrome.

(3)  "Institution" means:

(i) An ambulatory surgical facility or center, as defined in  19-
101 of this article;

(ii) A health maintenance organization, as defined in  19-701 of
this article;

(iii) A hospital or related institution, as defined in  19-301 of
this article;

(iv) A tissue bank; or

(v) The office of 1 or more physicians.

(4)  "Laboratory" means a public laboratory, medical laboratory,
or medical test unit as those terms are defined in Title 17 of
this article.

(5)  "Physician" means a person licensed to practice under Title
14 of the Health Occupations Article.

(6)  (i) "Tissue bank" means an establishment that obtains,
stores, processes, distributes, or sells human blood or other
human tissue for use in the human body.

(ii) "Tissue bank" includes a blood bank or sperm bank.

(b) Testing of blood samples. - (1) Subject to the provisions of
paragraph (2) of this subsection, an institution that obtains or
processes semen, blood, or tissue shall obtain and send a blood
sample from each potential donor of semen, blood, or tissue to a
laboratory approved by the Department to test for HIV antibodies.

(2)  Before obtaining a blood sample from a potential semen,
blood, or tissue donor the institution shall:

(i) Inform the potential donor, in layman's terms, that a blood
sample of the donor will be tested for HIV antibodies and if the
donor's blood sample tests positive for HIV antibodies the result
will be reported to the Department; and

(ii) Obtain written consent from the potential donor on a form
provided by the Department for the administration of the HIV
antibody tests and for the disclosure of a positive test result
to the Department.

(c)  Positive HIV antibody test result - Notice; reports. - An
institution that obtains a positive HIV antibody test result
under subsection (b) of this section shall:

(1)  Notify the potential donor from whom the blood sample was
obtained of the positive result;

(2)  Inform the individual of available counseling; and

(3)  Report the result to the Department on the form the
Department provides.

(d) Same - Confidentiality. - A test result reported by an
institution under subsection (c) of this section may not contain
any information that identifies the subject of the test.

(e) Same - Use of specimens prohibited. - An institution may not
use a semen, blood, or tissue specimen from a donor with a
positive HIV antibody test result obtained under the provisions
of this section.



 18-335. Sale of condoms by vending machines or other devices.

To properly ensure the quality and effectiveness of condoms sold
by means of vending machine or other automatic devices, the
Secretary shall adopt regulations:

(1)  To protect the health, welfare, and safety of the public;
and

(2)  To provide for the enforcement of this section.



18-336. Testing.

Definitions. - (1) In this section the following words have the
meanings indicated

(2)  "HIV" means the human immunodeficiency virus that causes ac
quired immune deficiency syndrome.

(3)  "Health care provider" means a physician, nurse, or designee
of a health care facility.

(b) Consent required for testing; counseling. - Before obtaining
a blood sample from an individual for the purpose of testing the
blood for the presence of HIV infection, a health care provider
shall:

(1)  Obtain written informed consent from the individual on a
uniform HIV informed consent form that the Department shall
develop consistent with the requirements of the Department as
established by regulations adopted by the Department; and

(2) Provide the individual with pretest counseling, including:

(i)  Education about HIV infection and methods for preventing
transmission;

(ii) Information about a physician's duty to warn; and

(iii) Assistance in accessing health care available to an
individual who tests positive for the HIV infection.

(c) Refusal to consent. - Refusal to consent to the HIV antibody
test or a positive test result may not be used as the sole basis
by an institution or laboratory to deny services or treatment.

(d)  Substitute consent. - If the individual is unable to give
informed consent, substitute consent may be given under 20-107 of
this article.

(e)  Test results. - A physician or physician's designee who
obtains a positive result from an HIV antibody test conducted in
accordance with the provisions of subsection (b) of this section
shall:

(1)  Notify the individual from whom the blood sample was
obtained of the positive result;

(2)  Provide the individual with a copy of the Department's
publication describing available counseling services;

(3)  Counsel the individual to inform all sexual and needle-
sharing partners of the individual's positive HIV status;

(4)  Offer to assist in notifying the individual's sexual and
needle-sharing partners; and

(5)  If necessary, take action appropriate to comply with  18-337
of this title.

(f)  Form for consent document. - The informed consent document
shall be distinct and separate from all other consent forms.

(g)  Patient identifying number. - A patient identifying number
obtained from an anonymous and confidential test site which is
approved by the Department of Health and Mental Hygiene may be
evidence of a patient's informed consent in lieu of a patient's
signature.



 18-337. Positive test results.

(a)  Definition. - In this section, "health care provider" means
a physician, a physician's designee, or a designee of a health
care facility licensed or otherwise authorized to provide health
care services.

(b)  Notice to others by health care providers. - If an
individual informed of the individual's HIV positive status under
18-336 of this title refuses to notify the individual's sexual
and needle-sharing partners, the individual's physician may
inform the local health officer and/or the individual's sexual
and needle-sharing partners of:

(1)  The individual's identity; and

(2)  The circumstances giving rise to the notification.

(c)  Enforcement of 18-208 through 18-213. - When the local
health officer is notified, the health officer shall enforce the
provisions of  18-208 through 18-213:

(1)  Within a reasonable time; and

(2)  To the extent feasible.

(d)  Referrals to appropriate services. - Each local health
officer shall refer the infected individual and any known sexual
or needle-sharing partners of individual to appropriate services
for the care, support, and treatment for HIV infected
individuals.

(e)  Liability of physician - Disclosure. - A physician acting in
good faith to provide notification in accordance with this
section may not be held liable in any cause of action related to
a breach of patient confidentiality.

(f)  Same - Nondisclosure. - A physician acting in good faith may
not be held liable in any cause of action for choosing not to
disclose information related to a positive test result for the
presence of human immunodeficiency virus to an individual's
sexual and needle-sharing partners.

(g)  Liability of hospitals or other health care providers. - A
hospital or any -other health care provider acting in good faith
pursuant to a physician's order to perform or interpret a test
for the presence of HIV may not be held liable in --any cause of
action related to:

(1)  A breach of patient confidentiality; or

(2)  A physician's decision to disclose or not to disclose
information related to a positive test result to a local health
officer and/or an individual's sexual and needle-sharing
partners.



 18-338. Inmates of correctional institutions.

(a)  Definitions. - (1) In this section the following words have
the meanings indicated.

(2)  "Correctional institution" means a place of detention or
correctional confinement operated by or for the State or a local
government.

(3)  "Correctional employee" means:

(i) A person who is employed by a correctional institution; or

(ii) A person who performs duties in a correctional institution
by virtue -of federal, State, or local government employment.

(4)  "Exposure" means, as between a correctional employee and an
inmate:

(i) Percutaneous contact with blood, semen, or blood contaminated
fluids;

(ii) Mucocutaneous contact with blood, semen, or blood
contaminated fluids;

(iii) Open wound, including dermatitis, exudative lesions, or
chapped skin, contact with blood, semen, or blood contaminated
fluids for a prolonged period.

(iv) Intact skin contact with large amounts of blood, semen, or
blood --contaminated fluid for a prolonged period.

(5)  "Health care provider" means any person, including a
physician or hospital, who is licensed or otherwise authorized in
this State to provide health care services and is under contract
with or operated by the correctional facility.

(b) Sample to be furnished. - An inmate shall furnish to the
correctional institution a blood sample to be tested for the
presence of human immunodeficiency virus (HIV) when:

(1)  There has been an exposure involving the inmate;

(2)  The exposure occurred in connection with the inmate's
violation of institutional regulations;

(3)  The inmate has been found guilty of the violation of
institutional regulations described in paragraph (2) of this
subsection;

(4)  The correctional employee involved in the exposure has given
written notice of the exposure to the managing official of the
correctional institution, or the official's designee; and

(5)  The exposure is confirmed by a health care provider.

(c)  Testing. - The correctional institution shall collect the
blood sample from the inmate, and shall have the sample tested
for human immunodeficiency virus (HIV) by a test and test
procedure approved by the Department.

(d)  Notice of results - in general. - The correctional employee
shall be notified of the results of the test for the presence of
human immunodeficiency virus (HIV) conducted under the provisions
of this section.

(e)  Same - Requirements. - The notification required under
subsection

(d)  of this section shall:

(1)  Be made within 48 hours of confirmation of the inmate's
diagnosis;

(2)  Include subsequent written confirmation of the possible
exposure to human immunodeficiency virus (HIV); and

(3)  To the extent possible, be made in a manner that will
protect the confidentiality of the correctional employee and the
inmate.

(f)  Counseling. - If the results of the blood sample test are
positive for the presence of human immunodeficiency virus (HIV),
then the correctional employee and the inmate shall be provided
appropriate counseling.

(g) Procedures. - All correctional institutions shall develop
written procedures to carry out the provisions of this section.

(h) Liability of health care provider - Disclosures. - A health
care provider acting in good faith to provide notification in
accordance with this section may not be held liable in any cause
of action related to a breach of patient confidentiality.

(i)  Same - Nondisclosure. - A health care provider acting in
good faith to provide notification in accordance with this
section may not be held liable in any cause of action for:

(1)  The failure to give the required notice, if the correctional
employee fails to properly initiate the notification procedures
developed by the correctional institution under subsection (g) of
this section; or

(2)  The failure of the managing official of the correctional
institution within which the correctional employee is employed to
subsequently notify the correctional employee of the possible
exposure to human immunodeficiency virus (HIV).

(j) Same - Samples or testing. - A health care provider may not
be held liable in any cause of action related to obtaining a
blood sample or performing -and interpreting an approved HIV test
without the inmate's informed consent.



 18-339. Educational program.

(a)  In general. - The Secretary shall establish and conduct an
educational program on acquired immune deficiency syndrome (AIDS)
for persons who plead guilty or nolo contendere to, or who are
found guilty of, violating:

(1)  Article 27, ~ 15 of the Code (Bawdy Houses and Houses of Ill
Fame; -Prostitution, Etc.); or

(2)  Any provision of the Maryland Controlled Dangerous
Substances Act.

(b)  Hours; information provided. - The educational program
established under subsection (a) of this section shall:

(1) Consist of at least 4 hours of instruction; and

(2)  Include information on measures available to prevent the
spread of -acquired immune deficiency syndrome and the human
immunodeficiency virus.

(c) Fees. - (1) The individual who attends a program under this
section shall pay in advance a fee as provided under this
subsection.

(2)  The Department shall set a reasonable fee based on the costs
of operating the program authorized by this section.



 18-504. Confidentiality and disclosure of information.

(a)  Confidentiality. - The Department and all persons shall
maintain and treat all information derived from testing as
confidential medical records as provided in  13-109 of this
article.

(b)  Disclosure. - Notwithstanding any other provision to the
contrary, the Department may disclose confidential information,
obtained pursuant to this title, to the Department of the
Environment, as determined to be appropriate and necessary by the
Secretary and consistent with the statutory responsibilities
vested in the Secretary of the Environment.



 18-505. Blood testing procedure.

(a)  Department to designate type of test. - The Department shall
designate any type of blood test for sickle cell anemia to be
administered under this subtitle.

(b)  Quality assurance. - The blood shall be tested only by a
licensed laboratory that periodically undergoes standard
proficiency testing for quality assurance.



Subtitle 6. Prohibited Acts; Penalties.



 18-601. Exposure of other individuals - By infected individual
generally.

(a)  Prohibited act. - An individual who has an infectious
disease that endangers public health may not willfully:

(1)  Be in a public place without taking proper precautions
against exposing other individuals to the disease; or

(2) Transfer to another individual any article that has been
exposed to the disease without thoroughly disinfecting the
article.

(b) Penalty. - A person who violates any provision of this
section is guilty of a misdemeanor and on conviction is subject
to a fine not exceeding $500 or imprisonment not exceeding 1 year
or both.



 18-601.1.     Same - By individual with human immunodeficiency
virus.

(a)  Prohibited act. - An individual who has the human
immunodeficiency virus may not knowingly transfer or attempt to
transfer the human immunodeficiency virus to another individual.

(b)  Penalty. - A person who violates the provisions of this
section is guilty of a misdemeanor and on conviction is subject
to a fine not exceeding $2,500 or imprisonment not exceeding 3
years or both.