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ROBERT L. EHRLICH, JR., Governor H.B. 370
virus (HIV) would be helpful in managing the risk of disease and health outcome of
the health care provider, [or] first responder, OR PUBLIC SAFETY WORKER.
(c) If there has been an exposure between a first responder and an individual
OR A PUBLIC SAFETY WORKER AND AN INDIVIDUAL before the admission of the
individual to a hospital:
(1) The first responder OR PUBLIC SAFETY WORKER shall give notice to
the first responder's OR PUBLIC SAFETY WORKER'S medical director in accordance
with subsection (b)(3)(ii)1 AND 2 of this section;
(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.
(e) 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) of this section, the designated hospital infectious
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) 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) (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.
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