ROBERT L. EHRLICH, JR., Governor

Ch. 143

(D) (E) WHEN         THE         DESIGNATED         HOSPITAL         INFECTIOUS

DISEASE/COMMUNICABLE DISEASE OFFICER OBTAINS THE RESULTS OF AN HIV TEST
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (C) (D) OF THIS
SECTION, THE DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE
DISEASE OFFICER SHALL DIRECTLY NOTIFY THE PATIENT OF THE RESULTS OF THE
HIV TEST AND, TO THE EXTENT POSSIBLE, IN A MANNER THAT WILL PROTECT THE
CONFIDENTIALITY OF THE HEALTH CARE PROVIDER OR THE FIRST RESPONDER AND
THE PATIENT.

(E) (F) IF THE RESULTS OF AN HIV TEST CONDUCTED IN ACCORDANCE
WITH THE PROVISIONS OF SUBSECTION (C) (D) OF THIS SECTION ARE POSITIVE, THE
DESIGNATED HOSPITAL INFECTIOUS DISEASE/COMMUNICABLE DISEASE OFFICER
SHALL PROVIDE OR ARRANGE FOR THE PROVISION OF APPROPRIATE COUNSELING
AND TREATMENT RECOMMENDATIONS TO THE HEALTH CARE PROVIDER OR FIRST
RESPONDER AND THE PATIENT.

(F) (G) (1) NOTWITHSTANDING THE PROVISIONS OF TITLE 4, SUBTITLE 3
OF THIS ARTICLE, THE MEDICAL RECORDS, INCLUDING ANY PHYSICIAN ORDER FOR
AN HIV TEST OR THE RESULTS OF AN HIV TEST CONDUCTED UNDER THIS SECTION,
MAY NOT BE DOCUMENTED IN THE MEDICAL RECORD OF THE PATIENT OR, HEALTH
CARE PROVIDER, OR FIRST RESPONDER.

(2)      THE HOSPITAL WHERE THE EXPOSURE OCCURRED SHALL MAINTAIN
A SEPARATE CONFIDENTIAL RECORD OR INCIDENT REPORT FOR ALL HIV TESTS
CONDUCTED UNDER THIS SECTION.

(3)      EACH HOSPITAL SHALL ADOPT PROCEDURES FOR THE
CONFIDENTIAL HIV TESTING OF BLOOD SAMPLES OR OTHER BODY FLUIDS USED OR
COLLECTED FOR PURPOSES OF THIS SECTION.

(4)      EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION, THE
MEDICAL RECORDS, INCLUDING ANY PHYSICIAN ORDER FOR AN HIV TEST OR THE
RESULTS OF ANY HIV TEST CONDUCTED UNDER THIS SECTION, ARE:

(I)      CONFIDENTIAL; AND

(II)     NOT DISCOVERABLE OR ADMISSIBLE IN EVIDENCE IN ANY
CRIMINAL, CIVIL, OR ADMINISTRATIVE ACTION.

(5)      IF THE IDENTITY OF THE PATIENT OR ANY OTHER INFORMATION
THAT COULD BE READILY ASSOCIATED WITH THE IDENTITY OF THE PATIENT IS NOT
DISCLOSED, THE RESULTS OF AN HIV TEST CONDUCTED ON A PATIENT FOR
PURPOSES OF THIS SECTION MAY BE INTRODUCED INTO EVIDENCE IN ANY
CRIMINAL, CIVIL, OR ADMINISTRATIVE ACTION INCLUDING THE ADJUDICATION OF A
WORKERS' COMPENSATION CLAIM.

(C) (H) THE COSTS INCURRED IN PERFORMING AN HIV TEST ON A PATIENT
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE PAID BY THE
HOSPITAL.

(H) (I) EACH HOSPITAL SHALL DEVELOP WRITTEN PROCEDURES TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.

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