ROBERT L. EHRLICH, JR., Governor

Ch. 143

(I)      IS LICENSED OR CERTIFIED UNDER § 13-516 OF THE
EDUCATION ARTICLE; AND

(II)     PROVIDES SERVICES TO AN INDIVIDUAL BEFORE THE
INDIVIDUAL IS ADMITTED TO A HOSPITAL.

(4) (5) (I) "HEALTH CARE PROVIDER" MEANS AN INDIVIDUAL WHO
IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED UNDER THE HEALTH
OCCUPATIONS ARTICLE OR THIS ARTICLE TO PROVIDE HEALTH OR MEDICAL CARE
IN:

1.       THE ORDINARY COURSE OF BUSINESS OR PRACTICE OF A
PROFESSION; OR

2.       AN APPROVED EDUCATION OR TRAINING PROGRAM.

(II)     "HEALTH CARE PROVIDER" INCLUDES ANY AGENT OR
EMPLOYEE OF A HOSPITAL.

(III)   "HEALTH CARE PROVIDER" DOES NOT INCLUDE AN INDIVIDUAL
WHO IS ELIGIBLE TO RECEIVE NOTIFICATION UNDER THE PROVISIONS OF § 18-213
OF THIS TITLE, INCLUDING ANY LAW ENFORCEMENT OFFICER OR ANY MEMBER OF
ANY FIRE DEPARTMENT, AMBULANCE COMPANY, OR RESCUE SQUAD.

(5) (6) "HIV" MEANS THE HUMAN IMMUNODEFICIENCY VIRUS THAT
CAUSES ACQUIRED IMMUNE DEFICIENCY SYNDROME.

(6) (7) "HOSPITAL" HAS THE MEANING STATED IN § 19-301 OF THIS
ARTICLE.

(B) NOTWITHSTANDING THE PROVISIONS OF § 18-338.1 OF THIS SUBTITLE,
THE DESIGNATED INFECTIOUS DISEASE/COMMUNICABLE DISEASE OFFICER OF A
HOSPITAL SHALL ORDER A TEST FOR THE PRESENCE OF ANTIBODIES TO THE HUMAN
IMMUNODEFICIENCY VIRUS (HIV) UNDER SUBSECTION (C) (D) OF THIS SECTION
WHEN:

(1)      THERE HAS BEEN AN EXPOSURE IN A HOSPITAL BETWEEN A
PATIENT AND A HEALTH CARE PROVIDER, OR AN EXPOSURE BETWEEN THE PATIENT
AND A FIRST RESPONDER BEFORE ADMISSION OF THE PATIENT TO A HOSPITAL,
THAT, IN ACCORDANCE WITH THE CENTERS FOR DISEASE CONTROL AND
PREVENTION RECOMMENDATIONS, WOULD WARRANT RECOMMENDING OR
OFFERING CHEMOPROPHYLAXIS TREATMENT FOR THE HEALTH CARE PROVIDER OR
FIRST RESPONDER;

(2)      INFORMED CONSENT, OR SUBSTITUTE CONSENT AS REQUIRED
UNDER § 18-338.1(C) OF THIS TITLE, OF THE PATIENT TO TEST A BLOOD SAMPLE OF
THE PATIENT FOR THE PRESENCE OF HIV WAS SOUGHT AND THE PATIENT REFUSED
TO CONSENT WAS UNAVAILABLE OR UNABLE TO CONSENT;

(3)      (I) IN ACCORDANCE WITH HOSPITAL PROCEDURES, THE HEALTH
CARE PROVIDER INVOLVED IN THE EXPOSURE HAS GIVEN PROMPT NOTICE OF THE

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