WILLIAM DONALD SCHAEFER, Governor Ch. 276

(1)  Be made within 48 hours, or sooner, of
confirmation of the patient's diagnosis;

(2)  Include subsequent written confirmation of
possible exposure to the contagious disease OR VIRUS;

(3)  Be conducted in a manner that will protect the
confidentiality of the patient; and

(4)  To the extent possible, be conducted in a manner
that will protect the confidentiality of the fire fighter,
emergency medical technician, or rescue squadman, OR LAW
ENFORCEMENT OFFICER.

(d) (E) The written confirmation required under paragraph
(c) (D)(2) of this section shall constitute compliance with this
section.

(e) (F) Each medical care facility shall develop written
procedures for the implementation of this section, and, upon
request, make copies available to the local fire authority or,
THE local fire authority's designee, THE LOCAL LAW ENFORCEMENT
AUTHORITY, OR THE LOCAL LAW ENFORCEMENT AUTHORITY'S DESIGNEE
having jurisdiction.

(G) A MEDICAL CARE FACILITY OR PHYSICIAN ACTING IN GOOD
FAITH TO PROVIDE NOTIFICATION IN ACCORDANCE WITH THIS SECTION MAY
NOT BE LIABLE IN ANY CAUSE OF ACTION RELATED TO THE BREACH OF
PATIENT CONFIDENTIALITY.

(H) A MEDICAL CARE FACILITY OR PHYSICIAN ACTING IN GOOD
FAITH TO PROVIDE NOTIFICATION IN ACCORDANCE WITH THIS SECTION MAY
NOT BE LIABLE IN ANY CAUSE OF ACTION FOR:

(1)  THE FAILURE TO GIVE THE REQUIRED NOTICE, IF THE
FIRE FIGHTER, EMERGENCY MEDICAL TECHNICIAN, RESCUE SQUADMAN, OR
LAW ENFORCEMENT OFFICER FAILS TO PROPERLY INITIATE THE
NOTIFICATION PROCEDURES DEVELOPED BY THE HEALTH CARE FACILITY
UNDER SUBSECTION (F) OF THIS SECTION; OR

(2)  THE FAILURE OF THE EMPLOYER OR EMPLOYER'S
DESIGNEE TO SUBSEQUENTLY NOTIFY THE FIRE FIGHTER, EMERGENCY
MEDICAL TECHNICIAN, RESCUE SQUADMAN, OR LAW ENFORCEMENT OFFICER
OF THE POSSIBLE EXPOSURE TO A CONTAGIOUS DISEASE OR VIRUS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of
the public health and safety, has been passed by a yea and nay
vote supported by three-fifths of all the members elected to each
of the two Houses of the General Assembly, and shall take effect
from the date it is enacted.

- 2717 -