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Martin O'Malley, Governor
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Ch. 212
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(4) Be signed by the physician.
(C) (1) A PHYSICIAN SHALL SUBMIT A REPORT AS DESCRIBED IN
SUBSECTION (B) OF THIS SECTION TO THE SECRETARY WITHIN 48 HOURS OF
THE BIRTH OF AN INFANT WHOSE MOTHER HAS TESTED POSITIVE FOR THE
HUMAN IMMUNODEFICIENCY VIRUS.
(2) IF A NEWBORN INFANT DOES NOT BECOME HIV POSITIVE
AFTER 18 MONTHS FROM THE DATE THAT THE REPORT REQUIRED IN
PARAGRAPH (1) OF THIS SUBSECTION WAS SUBMITTED, THE SECRETARY SHALL
HAVE THE NEWBORN INFANT'S NAME REMOVED FROM THE HIV REGISTRY.
[(c)] (D) (1) All physician reports required under this section are:
(i) Confidential and subject to Title 4, Subtitle 1 of this article;
and
(ii) Not medical records under Title 4, Subtitle 3 of this article,
but are subject to the confidentiality requirements of Title 4, Subtitle 1 of this article.
(2) THE REPORTS AND ANY PROCEEDINGS, RECORDS, OR FILES
RELATING TO THE REPORTS REQUIRED UNDER THIS SECTION ARE NOT
DISCOVERABLE AND ARE NOT ADMISSIBLE IN EVIDENCE IN ANY CIVIL ACTION.
[(2)] (3) This subsection does not apply to a disclosure by the
Secretary to another governmental agency performing its lawful duties pursuant to
State or federal law where the Secretary determines the agency to whom the
information is disclosed will maintain the confidentiality of the disclosure.
18-202.1.
(A) IN THIS SECTION, "INSTITUTION" INCLUDES:
(1) A HOSPITAL;
(2) A NURSING HOME;
(3) A HOSPICE FACILITY;
(4) A MEDICAL CLINIC IN A CORRECTIONAL FACILITY;
(5) AN INPATIENT PSYCHIATRIC FACILITY; AND
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- 1517-
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