Ch. 789                                       LAWS OF MARYLAND

(1) THERE HAS BEEN AN EXPOSURE INVOLVING THE INMATE;

(2) THE EXPOSURE OCCURRED IN CONNECTION WITH THE
INMATE'S VIOLATION OF INSTITUTIONAL REGULATIONS;

(3) THE INMATE HAS BEEN FOUND GUILTY OF THE VIOLATION
OF INSTITUTIONAL REGULATIONS DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION;

(4) THE CORRECTIONAL EMPLOYEE INVOLVED IN THE
EXPOSURE HAS GIVEN WRITTEN NOTICE OF THE EXPOSURE TO THE MANAGING
OFFICIAL OF THE CORRECTIONAL INSTITUTION, OR THE OFFICIAL'S
DESIGNEE; AND

(5) THE EXPOSURE IS CONFIRMED BY A HEALTH CARE
PROVIDER.

(C) THE CORRECTIONAL INSTITUTION SHALL COLLECT THE BLOOD
SAMPLE FROM THE INMATE, AND SHALL CAUSE HAVE THE SAMPLE TO BE
TESTED FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) BY A TEST AND TEST

PROCEDURE APPROVED BY THE DEPARTMENT.-----------------------------------------------------------

(D) THE CORRECTIONAL EMPLOYEE SHALL BE NOTIFIED OF THE
RESULTS OF THE TEST FOR THE PRESENCE OF HUMAN IMMUNODEFICIENCY
VIRUS (HIV) CONDUCTED UNDER THE PROVISIONS OF THIS SECTION.

(E) THE NOTIFICATION REQUIRED UNDER SUBSECTION (D) OF THIS
SECTION SHALL;

(1) BE MADE WITHIN 48 HOURS OF CONFIRMATION OF THE
INMATE'S DIAGNOSIS;

(2) INCLUDE SUBSEQUENT WRITTEN CONFIRMATION OF THE
POSSIBLE EXPOSURE TO HUMAN IMMUNODEFICIENCY VIRUS (HIV); AND

(3) TO THE EXTENT POSSIBLE, BE MADE IN A MANNER THAT
WILL PROTECT THE CONFIDENTIALITY OF THE CORRECTIONAL EMPLOYEE;
AND

(4) TO THE EXTENT POSSIBLE, BE CONDUCTED IN A MANNER
THAT WILL PROTECT THE CONFIDENTIALITY OF THE INMATE AND THE
INMATE.

(F) IF THE RESULTS OF THE BLOOD SAMPLE TEST ARE POSITIVE
FOR THE PRESENCE OF HUMAN IMMUNODEFICIENCY VIRUS (HIV), THEN THE
CORRECTIONAL EMPLOYEE AND THE INMATE SHALL BE PROVIDED
APPROPRIATE COUNSELING.

(G) ALL CORRECTIONAL INSTITUTIONS SHALL DEVELOP WRITTEN
PROCEDURES TO CARRY OUT THE PROVISIONS OF THIS SECTION.

(H) A HEALTH CARE PROVIDER ACTING IN GOOD FAITH TO PROVIDE
NOTIFICATION IN ACCORDANCE WITH THIS SECTION MAY NOT BE HELD

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