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VETOES
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H.B. 386
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(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) 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) Each hospital shall develop written procedures to implement the
provisions of this section.
(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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2005.
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May 26, 2005
The Honorable Michael E. Busch
Speaker of the House
State House
Annapolis, MD 21401
Dear Mr. Speaker:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed House Bill 386 - Baltimore County - Camp Puh'Tok Loan of 1998.
This bill amends the Baltimore County - Camp Puh'Tok Loan of 1998 to change the
use of the proceeds of the loan to allow for the planning, design, construction, and
capital equipping of new facilities and requires that the proceeds of the loan be
encumbered by the Board of Public Works or expended for the purposes provided by a
specified date.
Senate Bill 236, which was passed by the General Assembly and signed by me,
- 4062 -
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