WILLIAM DONALD SCHAEFER, Governor Ch. 789

INTERPRET A TEST FOR THE PRESENCE OF HIV MAY NOT BE HELD LIABLE
IN ANY CAUSE OF ACTION RELATED TO:

(1) A BREACH OF PATIENT CONFIDENTIALITY; OR

(2) A PHYSICIAN'S DECISION TO DISCLOSE OR NOT TO
DISCLOSE INFORMATION RELATED TO A POSITIVE TEST RESULT TO A LOCAL
HEALTH OFFICER AND/OR AN INDIVIDUAL'S SEXUAL AND NEEDLE-SHARING
PARTNERS.

18-337.

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)   "CORRECTIONAL INSTITUTION" MEANS A PLACE OF
DETENTION OR CORRECTIONAL CONFINEMENT OPERATED BY OR FOR THE
STATE OR A LOCAL GOVERNMENT.

(3)  "CORRECTIONAL EMPLOYEE" MEANS:

(I)  A PERSON WHO IS EMPLOYED BY A CORRECTIONAL
INSTITUTION; OR

(II)  A PERSON WHO PERFORMS DUTIES IN A
CORRECTIONAL INSTITUTION BY VIRTUE OF FEDERAL, STATE, OR LOCAL
GOVERNMENT EMPLOYMENT.

(4)   "EXPOSURE" MEANS, AS BETWEEN A CORRECTIONAL
EMPLOYEE AND AN INMATE;

(I)  PERCUTANEOUS CONTACT WITH BLOOD, SEMEN, OR
BLOOD CONTAMINATED FLUIDS;

(II)  MUCOCUTANEOUS CONTACT WITH BLOOD, SEMEN,
OR BLOOD CONTAMINATED FLUIDS;

(III)  OPEN WOUND (DERMATITIS, INCLUDING
DERMATITIS, EXUDATIVE LESIONS, OR CHAPPED SKIN) SKIN, CONTACT
WITH BLOOD, SEMEN, OR BLOOD CONTAMINATED FLUIDS; AND

(IV)   INTACT SKIN CONTACT WITH LARGE AMOUNTS OF
BLOOD, SEMEN, OR BLOOD CONTAMINATED FLUIDS FOR A PROLONGED
PERIOD.

(5)   "HEALTH CARE PROVIDER" MEANS ANY PERSON,
INCLUDING A PHYSICIAN OR HOSPITAL, WHO IS LICENSED OR OTHERWISE
AUTHORIZED IN THIS STATE TO PROVIDE HEALTH CARE SERVICES AND IS
UNDER CONTRACT WITH OR OPERATED BY THE CORRECTIONAL FACILITY.

(B)  AN INMATE SHALL FURNISH TO THE CORRECTIONAL INSTITUTION
A BLOOD SAMPLE TO BE TESTED FOR THE PRESENCE OF HUMAN
IMMUNODEFICIENCY VIRUS (HIV) WHEN;

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