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Session Laws, 1999
Volume 796, Page 2634   View pdf image
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and the first responder's employer or the employer's designee of the first responder's
possible contact exposure to the contagious disease or virus;

(c) The notification required under subsection (b) of this section shall:.

(1) Be made within 48 hours of confirmation of the determination that
the deceased person had a contagious disease or virus at the time of death;

(2) Include subsequent written confirmation of possible contact exposure
to the contagious disease or virus;

(3) Be conducted in a manner that will protect the confidentiality of the
deceased person, and

(4) To the extent possible, be conducted in a manner that will protect the
confidentiality of the first responder.

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

(e) A medical care facility or physician performing a postmortem examination
acting in good faith to provide notification in accordance with this section is not liable
in any cause of action related to a breach of patient confidentiality.

(f) A medical care facility or physician performing a postmortem examination
acting in good faith to provide notification in accordance with this section is not liable
in any cause of action for:

(1) The failure to give the required notice if the first responder fails to
properly initiate the notification procedures developed by the medical care facility
and the Chief Medical Examiner under subsection (g) of this section; or

(2) The failure of the employer or the employer's designee to
subsequently notify the first responder of the possible contact exposure to a
contagious disease or virus.

(g) (1) The State Fire Marshal, the Chief Medical Examiner, and each fire
department, rescue squad company, medical care facility, correctional institution, and
law enforcement agency, in the State shall develop written procedures for the
implementation of this section.

(2) On request, the State Fire Marshal and each fire department, rescue
squad company, medical care facility, correctional institution, and law enforcement
agency shall make copies of the procedures developed in this subtitle available to
employees, employee unions, volunteer associations, and the Secretary.

(h) A person, covered under subsection (a)(5), (6), (7), (8), (9), and (10) of this
section may not refuse to treat or transport a deceased person because the deceased
person was HIV positive at the time of death.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1999.

 

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Session Laws, 1999
Volume 796, Page 2634   View pdf image
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