Ch. 143

2003 LAWS OF MARYLAND

(1)     There has been an exposure between the patient and the health care
provider;

(2)     The health care provider involved in the exposure has given prompt
written notice of the exposure, in accordance with the standards of the health care
facility, to the chief executive officer or the chief executive officer's designee of the
health care facility where the exposure occurred;

(3)     The exposure occurred based on the judgment of a physician who is
not the health care provider involved in the exposure; and

(4)     The health care provider involved in the exposure has given informed
consent and has submitted a blood sample to be tested for the presence of HIV in
accordance with the provisions of subsection (d) of this section.

(c) If, by virtue of the physical or mental condition of a patient, a physician,
nurse, or designee of a health care facility is unable to obtain the informed consent of
the patient to test a blood sample of the patient for the presence of HIV in accordance
with subsection (b) of this section, the physician, nurse, or designee of the health care
facility shall seek the consent of any person who has authority to consent to medical
care for the patient as provided under § 5-605 of this article or as otherwise
authorized by law.

18-338.3.

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

(2)      (I) "BODY FLUIDS" MEANS:

1.       ANY FLUID CONTAINING VISIBLE BLOOD, SEMEN, OR
VAGINAL SECRETIONS; OR

2.       CEREBROSPINAL FLUID, SYNOVIAL FLUID, OR AMNIOTIC
FLUID.

(II) "BODY FLUIDS" DOES NOT INCLUDE SALIVA, STOOL, NASAL
SECRETIONS, SPUTUM, TEARS, URINE, OR VOMITUS.

(3)      "EXPOSURE" MEANS AS BETWEEN A PATIENT AND A HEALTH CARE
PROVIDER:

(I)      PERCUTANEOUS CONTACT WITH BLOOD OR BODY FLUIDS;

(II)     MUCOCUTANEOUS CONTACT WITH BLOOD OR BODY FLUIDS;

(III)    OPEN WOUND, INCLUDING DERMATITIS, EXUDATIVE LESIONS,
OR CHAPPED SKIN, CONTACT WITH BLOOD OR BODY FLUIDS FOR A PROLONGED
PERIOD; OR

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

(4)      "FIRST RESPONDER" MEANS AN INDIVIDUAL WHO:

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