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Ch. 300
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2005 LAWS OF MARYLAND
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disease/communicable disease officer shall directly notify the patient of the results of
the HIV test and, to the extent possible, in a manner that will protect the
confidentiality of the health care provider, [or] the first responder, OR THE PUBLIC
SAFETY WORKER and the patient.
(F) (1) A FIRST RESPONDER OR PUBLIC SAFETY WORKER SHALL BE TESTED,
TO THE EXTENT PRACTICABLE, WITHIN 24 HOURS OF A REPORTED OCCUPATIONAL
EXPOSURE.
(2) IF THE RESULT OF THE HIV TEST CONDUCTED UNDER PARAGRAPH
(1) OF THIS SUBSECTION IS:
(I) HIV NEGATIVE, THE HIV TEST RESULTS FROM THE PATIENT
MAY BE DISCLOSED TO THE EXPOSED FIRST RESPONDER OR PUBLIC SAFETY
WORKER; OR
(II) HIV POSITIVE, THE HIV TEST RESULTS FROM THE PATIENT
MAY NOT BE DISCLOSED TO THE EXPOSED FIRST RESPONDER OR PUBLIC SAFETY
WORKER.
(f) (G) (f) If the results of an HIV test conducted in accordance with the
provisions of subsection (d) of this section are positive, the designated hospital
infectious disease/communicable disease officer shall provide or arrange for the
provision of appropriate counseling and treatment recommendations to the health
care provider, [or] first responder, OR PUBLIC SAFETY WORKER and the patient.
(g) (H) (g) (1) Notwithstanding the provisions of Title 4, Subtitle 3 of this
article, the medical records, including any physician order for an HIV test or the
results of an HIV test conducted under this section, may not be documented in the
medical record of the patient, health care provider, [or] first responder, OR PUBLIC
SAFETY WORKER.
(2) The hospital where the exposure occurred shall maintain a separate
confidential record or incident report for all HIV tests conducted under this section.
(3) Each hospital shall adopt procedures for the confidential HIV testing
of blood samples or other body fluids used or collected for purposes of this section.
(4) Except as provided in paragraph (5) of this subsection, the medical
records, including any physician order for an HIV test or the results of any HIV test
conducted under 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 conducted on a patient for purposes of this section may be introduced into
evidence in any criminal, civil, or administrative action including the adjudication of
a workers' compensation claim.
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