WILLIAM DONALD SCHAEFER, Governor Ch. 789

LIABLE IN ANY CAUSE OF ACTION RELATED TO A BREACH OF PATIENT
CONFIDENTIALITY.

(I) A HEALTH CARE PROVIDER ACTING IN GOOD FAITH TO PROVIDE
NOTIFICATION IN ACCORDANCE WITH THIS SECTION MAY NOT BE HELD
LIABLE IN ANY CAUSE OF ACTION FOR:

(1)  THE FAILURE TO GIVE THE REQUIRED NOTICE, IF THE
CORRECTIONAL EMPLOYEE FAILS TO PROPERLY INITIATE THE NOTIFICATION
PROCEDURES DEVELOPED BY THE CORRECTIONAL INSTITUTION UNDER
SUBSECTION (G) OF THIS SECTION; OR

(2)  THE FAILURE OF THE MANAGING OFFICIAL OF THE
CORRECTIONAL INSTITUTION WITHIN WHICH THE CORRECTIONAL EMPLOYEE
IS EMPLOYED TO SUBSEQUENTLY NOTIFY THE CORRECTIONAL EMPLOYEE OF
THE POSSIBLE EXPOSURE TO HUMAN IMMUNODEFICIENCY VIRUS (HIV).

(J) A HEALTH CARE PROVIDER MAY NOT BE HELD LIABLE IN ANY
CAUSE OF ACTION RELATED TO OBTAINING A BLOOD SAMPLE OR PERFORMING
AND INTERPRETING AN APPROVED HIV TEST WITHOUT THE INMATE'S
INFORMED CONSENT.

18-338.

(A)  THE SECRETARY SHALL ESTABLISH AND CONDUCT AN
EDUCATIONAL PROGRAM ON ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
FOR PERSONS WHO PLEAD GUILTY OR NOLO CONTENDERE TO, OR WHO ARE
FOUND GUILTY OF, VIOLATING:

(1)  ARTICLE 27, § 15 OF THE CODE (BAWDY HOUSES AND
HOUSES OF ILL FAME; PROSTITUTION, ETC.); OR

(2)  ANY PROVISION OF THE MARYLAND CONTROLLED
DANGEROUS SUBSTANCES ACT.

(B)  THE EDUCATIONAL PROGRAM ESTABLISHED UNDER SUBSECTION
(A) OF THIS SECTION SHALL:

(1)  CONSIST OF AT LEAST 4 HOURS OF INSTRUCTION; AND

(2)  INCLUDE INFORMATION ON MEASURES AVAILABLE TO
PREVENT THE SPREAD OF ACQUIRED IMMUNE DEFICIENCY SYNDROME AND THE
HUMAN IMMUNODEFICIENCY VIRUS.

(C)  (1) THE INDIVIDUAL WHO ATTENDS A PROGRAM UNDER THIS
SECTION SHALL PAY IN ADVANCE A FEE AS PROVIDED UNDER THIS
SUBSECTION.

(2) THE DEPARTMENT SHALL SET A REASONABLE FEE BASED
ON THE COSTS OF OPERATING THE PROGRAM AUTHORIZED BY THIS SECTION.

- 4301 -