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2005 LAWS OF MARYLAND
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Ch. 330
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(2) The medical director shall act as an intermediary at all times
between the first responder OR PUBLIC SAFETY WORKER and the designated hospital
infectious disease/communicable disease officer; and
(3) The medical director and the designated hospital infectious
disease/communicable disease officer shall ensure that all communications and
information related to the exposure of the first responder OR PUBLIC SAFETY
WORKER are confidential.
(d) If the requirements of subsections (b) and (c) of this section are satisfied,
the designated hospital infectious disease/communicable disease officer shall order
tests to be conducted for the presence of antibodies to the human immunodeficiency
virus (HIV) using a test procedure approved by the Department on:
(1) Blood samples already obtained from the patient; or
(2) Blood samples or other body fluids collected for the purpose of HIV
testing under this section.
(6) IF A BLOOD SAMPLE ALREADY OBTAINED FROM THE PATIENT IS
UNAVAILABLE AND THE PATIENT HAS REFUSED TO CONSENT TO BLOOD TESTING
FOR THE PRESENCE OF HIV, THE INDIVIDUAL INVOLVED IN THE EXPOSURE OR THE
EMPLOYER OF THE INDIVIDUAL INVOLVED IN THE EXPOSURE MAY PETITION THE
CIRCUIT COURT IN THE COUNTY OR CITY IN WHICH THE PATIENT RESIDES OR THE
HOSPITAL IN WHICH THE PATIENT IS BEING TREATED FOR AN ORDER REQUIRING
THE PATIENT TO:
(1) PROVIDE A BLOOD SAMPLE; AND
(2) DISCLOSE THE TEST RESULTS IN ACCORDANCE WITH THIS SECTION.
[(e)](F) When the designated hospital infectious disease/communicable
disease officer obtains the results of an HIV test conducted in accordance with the
provisions of subsection (d) OR (E) of this section[,]:
(1) [the] THE designated hospital infectious disease/communicable
disease officer shall ATTEMPT TO 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; OR.
(2) THE DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE
DISEASE OFFICER IS NOT REQUIRED TO NOTIFY THE PATIENT OF THE RESULTS OF
THE HIV TEST IF THE PATIENT HAS DECLINED NOTIFICATION.
[(f)] (G) [if] EXCEPT AS PROVIDED IN SUBSECTION (F)(2) OF THIS SECTION, IF
the results of an HIV test conducted in accordance with the provisions of subsection
(d) OR (E) 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.
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