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ROBERT L. EHRLICH, JR., Governor Ch. 330
certain intermediary between a certain public safety worker and a certain officer;
providing for a certain limitation of liability for certain individuals; authorizing
certain individuals to petition a certain court for an order requiring a certain
patient to provide a blood sample for HIV testing and disclosure of the test
results under certain circumstances; providing that certain individuals in a
hospital are not required to notify a certain patient of the results of an HIV test
under certain circumstances requiring that certain patients be informed of
certain laws under certain circumstances; requiring certain individuals to
attempt to notify certain patients of the results of certain tests in a certain
manner and provide counseling to certain individuals under certain
circumstances; requiring the Department of Health and Mental Hygiene and the
Maryland Institute for Emergency Medical Services Systems to jointly develop
certain regulations on the collection of certain information; defining a certain
term; requiring the Department and the Maryland Institute for Emergency
Medical Services Systems to report certain information to the Governor and the
General Assembly on or before certain dates; and generally relating to HIV
testing on blood samples from individuals in a hospital.
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
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