Ch. 789                                       LAWS OF MARYLAND

HEALTH AND MENTAL HYGIENE MAY BE EVIDENCE OF A PATIENT'S INFORMED
CONSENT IN LIEU OF A PATIENT'S SIGNATURE.

SECTION 2, AND BE IT FURTHER ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Health - General

18-336.

(A)  IN THIS SECTION, "HEALTH CARE PROVIDER" MEANS A PERSON
PHYSICIAN, A PHYSICIAN'S DESIGNEE, OR A DESIGNEE OF A HEALTH CARE
FACILITY LICENSED OR CERTIFIED UNDER THE HEALTH OCCUPATIONS
ARTICLE OTHERWISE AUTHORIZED TO PROVIDE HEALTH CARE SERVICES.

(B)  IF AN INDIVIDUAL INFORMED OF THE INDIVIDUAL'S HIV
POSITIVE STATUS UNDER § 18-335 OF THIS TITLE REFUSES TO NOTIFY
THE INDIVIDUAL'S SEXUAL AND NEEDLE-SHARING PARTNERS, THE
INDIVIDUAL'S HEALTH CARE PROVIDER PHYSICIAN MAY INFORM THE LOCAL
HEALTH OFFICER AND AND/OR THE INDIVIDUAL'S SEXUAL AND
NEEDLE-SHARING PARTNERS OF:

(1)  THE INDIVIDUAL'S IDENTITY; AND

(2)  THE CIRCUMSTANCES GIVING RISE TO THE NOTIFICATION
OF THE HEALTH OFFICER.

(C)  WHEN THE LOCAL HEALTH OFFICER IS NOTIFIED, THE HEALTH
OFFICER SHALL ENFORCE THE PROVISIONS OF §§ 18-208 THROUGH 18-213:

(1)  WITHIN A REASONABLE TIME; AND

(2)  TO THE EXTENT FEASIBLE.

(D)  EACH LOCAL HEALTH OFFICER SHALL REFER THE INFECTED
INDIVIDUAL AND ANY KNOWN SEXUAL OR NEEDLE-SHARING PARTNERS OF THE
INDIVIDUAL TO APPROPRIATE SERVICES FOR THE CARE, SUPPORT, AND
TREATMENT FOR THE HIV INFECTED INDIVIDUALS.

(E)  A HEALTH CARE PROVIDER PHYSICIAN ACTING IN GOOD FAITH
TO PROVIDE NOTIFICATION IN ACCORDANCE WITH THIS SECTION MAY NOT
BE HELD LIABLE IN ANY CAUSE OF ACTION RELATED TO A BREACH OF
PATIENT CONFIDENTIALITY.

(F)  A HEALTH CARE PROVIDER PHYSICIAN ACTING IN GOOD FAITH
MAY NOT BE HELD LIABLE IN ANY CAUSE OF ACTION FOR CHOOSING NOT TO
DISCLOSE INFORMATION RELATED TO A POSITIVE TEST RESULT FOR THE
PRESENCE OF HUMAN IMMUNODEFICIENCY VIRUS TO AN INDIVIDUAL'S
SEXUAL AND NEEDLE-SHARING PARTNERS.

(G)   A HOSPITAL OR ANY OTHER HEALTH CARE PROVIDER ACTING IN
GOOD FAITH PURSUANT TO A PHYSICIAN'S ORDER TO PERFORM OR

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