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ROBERT L. EHRLICH, JR., Governor Ch. 300
conducting of certain tests by the hospital; providing a certain criminal and civil
penalty for violations of certain provisions of this Act; requiring the Department
to submit a certain report to the Governor and the General Assembly on or
before a certain date each year; defining a public safety worker; and generally
relating to conducting tests on blood samples or other body fluids of individuals
in a hospital for the presence of antibodies to HIV.
BY repealing and reenacting, with amendments,
Article - Health - General
Section 18-338.3
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
18-338.3.
(a) (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. Cerebrospinal fluid, synovial fluid, or amniotic fluid.
(ii) "Body fluids" 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) "First responder" means an individual who:
(i) Is licensed or certified under § 13-516 of the Education Article;
and
(ii) Provides services to an individual before the individual is
admitted to a hospital.
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