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ROBERT L. EHRLICH, JR., Governor Ch. 300
(h) (I) (h) The costs incurred in performing an HIV test on a patient in
accordance with the provisions of this section shall be paid by the hospital.
(i) (J) (i) Each hospital shall develop written procedures to implement
the provisions of this section.
(j) (K) (j) A health care provider, first responder, PUBLIC SAFETY
WORKER, or hospital or designee of a hospital acting in good faith to provide
notification or maintain the confidentiality of the results of a test conducted under
this section may not be held liable in any cause of action related to a breach of patient,
health care provider, [or] first responder, OR PUBLIC SAFETY WORKER
confidentiality.
(L) A DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE DISEASE
OFFICER SHALL REPORT TO THE DEPARTMENT, ON A FORM APPROVED BY THE
DEPARTMENT, EACH TIME THE HOSPITAL CONDUCTS AN HIV TEST ON:
(1) A PATIENT WHO WAS UNABLE TO GIVE INFORMED CONSENT TO
CONDUCT THE HIV TEST IN ACCORDANCE WITH THIS SECTION;
(2) A PATIENT WHOSE SURROGATE DECISION MAKER WAS UNABLE TO
GIVE INFORMED CONSENT TO CONDUCT THE HIV TEST ON THE PATIENT IN
ACCORDANCE WITH THIS SECTION; AND
(3) A PATIENT WHO CAVE THE PATIENT'S INFORMED CONSENT TO
CONDUCT THE HIV TEST ON THE PATIENT IN ACCORDANCE WITH THIS SECTION.
(M) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PERSON THAT
RECEIVES NOTIFICATION OF THE RESULTS OF AN HIV TEST CONDUCTED UNDER
THIS SECTION MAY NOT KNOWINGLY DISCLOSE THE RESULTS OF THE TEST.
(2) A PERSON THAT VIOLATES THE PROVISIONS OF THIS SUBSECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 00 DAYS OR A FINE NOT EXCEEDING $5,000 OR BOTH.
(N) ON OR BEFORE OCTOBER 1 OF EACH YEAR, THE DEPARTMENT SHALL
SUBMIT A REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2-1246 OF THE
STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY SUMMARIZING BY
COUNTY THE NUMBER OF PATIENTS:
(1) WHO WERE UNABLE TO GIVE INFORMED CONSENT TO A HOSPITAL
TO CONDUCT AN HIV TEST; AND
(2) WHOSE SURROGATE DECISION MAKERS WERE UNABLE TO GIVE
INFORMED CONSENT TO A HOSPITAL TO CONDUCT AN HIV TEST ON THE PATIENTS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
Approved May 10, 2005.
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- 1533 -
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