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ROBERT L. EHRLICH, JR., Governor Ch. 330
[(g)] (H) (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.
[(h)](I) 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) Each hospital shall develop written procedures to implement the
provisions of this section.
[(j)] (K) 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.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Department of Health and Mental Hygiene and the Maryland Institute
for Emergency Medical Services Systems jointly shall develop regulations establishing
procedures to collect information by county on exposures, as defined by § 18-338.3(a)
of the Health - General Article, and refusals to consent by a patient, as described in §
18-338.3(b)(2)(ii) of the Health - General Article, as enacted by Section 1 of this Act.
(b) The Department of Health and Mental Hygiene and the Maryland Institute
for Emergency Medical Services Systems shall report the information described in
subsection (a) of this section to the Governor and, in accordance with § 2-1246 of the
State Government Article, to the General Assembly on or before the following dates:
(1) December 1, 2005;
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