|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 300
|
|
|
|
|
|
|
|
|
|
(5) (i) "Health care provider" means an individual who is licensed,
certified, or otherwise authorized under the Health Occupations Article or this article
to provide health or medical care in:
1. The ordinary course of business or practice of a profession;
or
2. An approved education or training program.
(ii) "Health care provider" includes any agent or employee of a
hospital.
(iii) "Health care provider" does not include an 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.
(7) "Hospital" has the meaning stated in § 19-301 of this article.
(8) "PUBLIC SAFETY WORKER" MEANS:
(I) ANY CAREER OR VOLUNTEER MEMBER OF A FIRE, RESCUE OR
EMERGENCY MEDICAL SERVICES DEPARTMENT, COMPANY, SQUAD, OR AUXILIARY;
(II) ANY LAW ENFORCEMENT OFFICER; OR
(III) THE STATE FIRE MARSHAL OR A SWORN MEMBER OF THE
STATE FIRE MARSHAL'S OFFICE.
(b) Notwithstanding the provisions of § 18-338.1 of this subtitle, the
designated infectious disease/communicable disease officer of a hospital shall order a
test for the presence of antibodies to the human immunodeficiency virus (HIV) under
subsection (d) of this section when:
(1) There has been an exposure in a hospital between a patient and a
health care provider, [or] an exposure between the patient and a first responder, OR
AN EXPOSURE BETWEEN A PATIENT AND A PUBLIC SAFETY WORKER before
admission of the patient to a hospital, that, in accordance with the Centers for
Disease Control and Prevention recommendations, would warrant recommending or
offering chemoprophylaxis treatment for the health care provider, [or] first
responder, OR PUBLIC SAFETY WORKER;
(2) Informed consent, or substitute consent as required under §
18-338.1(c) of this title, of the patient to test a blood sample of the patient for the
presence of HIV was sought and the patient was unavailable or unable to consent;
(3) (i) In accordance with hospital procedures, the health care
provider involved in the exposure has given prompt notice of the exposure to the
designated hospital infectious disease/communicable disease officer where the
exposure occurred; or
- 1530 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
