Ch. 143

2003 LAWS OF MARYLAND

EXPOSURE TO THE DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE
DISEASE OFFICER WHERE THE EXPOSURE OCCURRED; OR

(II) 1. THE FIRST RESPONDER INVOLVED IN THE EXPOSURE HAS
GIVEN PROMPT NOTICE TO THE MEDICAL DIRECTOR WITH JURISDICTION OVER THE
FIRST RESPONDER; AND

2. THE MEDICAL DIRECTOR HAS GIVEN PROMPT NOTICE TO
THE DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE DISEASE
OFFICER WHERE THE PATIENT IS ADMITTED;

(4)      THE HEALTH CARE PROVIDER OR FIRST RESPONDER INVOLVED IN
THE EXPOSURE HAS GIVEN INFORMED CONSENT AND HAS SUBMITTED A BLOOD
SAMPLE TO BE TESTED FOR THE PRESENCE OF HIV; AND

(5)      THE DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE
DISEASE OFFICER HAS MADE A DETERMINATION, IN ACCORDANCE WITH THE
CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS, THAT THE
TESTING OF BLOOD SAMPLES OR OTHER BODY FLUIDS OF THE PATIENT FOR THE
PRESENCE OF ANTIBODIES TO THE HUMAN IMMUNODEFICIENCY VIRUS (HIV)
WOULD BE HELPFUL IN MANAGING THE RISK OF DISEASE AND HEALTH OUTCOME OF
THE HEALTH CARE PROVIDER OR FIRST RESPONDER.

(C) IF THERE HAS BEEN AN EXPOSURE BETWEEN A FIRST RESPONDER AND
AN INDIVIDUAL BEFORE THE ADMISSION OF THE INDIVIDUAL TO A HOSPITAL:

(1)      THE FIRST RESPONDER SHALL GIVE NOTICE TO THE FIRST
RESPONDER'S MEDICAL DIRECTOR IN ACCORDANCE WITH SUBSECTION (B)(3)(II)1 OF
THIS SECTION;

(2)      THE MEDICAL DIRECTOR SHALL ACT AS AN INTERMEDIARY AT ALL
TIMES BETWEEN THE FIRST RESPONDER AND THE DESIGNATED HOSPITAL
INFECTIOUS DISEASE/COMMUNICABLE DISEASE OFFICER; AND

(3)      THE MEDICAL DIRECTOR AND THE DESIGNATED HOSPITAL
INFECTIOUS DISEASE/COMMUNICABLE DISEASE OFFICER SHALL ENSURE THAT ALL
COMMUNICATIONS AND INFORMATION RELATED TO THE EXPOSURE OF THE FIRST
RESPONDER ARE CONFIDENTIAL.

(C) (D) IF THE REQUIREMENTS OF SUBSECTION (B) SUBSECTIONS (B) AND (C)
OF THIS SECTION ARE SATISFIED, THE DESIGNATED HOSPITAL INFECTIOUS
DISEASE/COMMUNICABLE DISEASE OFFICER SHALL ORDER TESTS TO BE
CONDUCTED FOR THE PRESENCE OF ANTIBODIES TO THE HUMAN
IMMUNODEFICIENCY VIRUS (HIV) USING A TEST PROCEDURE APPROVED BY THE
DEPARTMENT ON:

(1)      BLOOD SAMPLES ALREADY OBTAINED FROM THE PATIENT; OR

(2)      BLOOD SAMPLES OR OTHER BODY FLUIDS COLLECTED FOR THE
PURPOSE OF HIV TESTING UNDER THIS SECTION.

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