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Ch. 213
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Martin O'Malley, Governor
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(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.
(3) THE REPORTS AND ANY PROCEEDINGS, RECORDS, OR FILES
SUBMITTED UNDER THIS SECTION RELATED TO HIV/AIDS ARE NOT
DISCOVERABLE AND ARE NOT ADMISSIBLE IN EVIDENCE IN ANY CIVIL ACTION.
[(2)] (4) This subsection does not apply to a disclosure by the
Secretary to another governmental agency performing its lawful duties as authorized
by an act of the Maryland General Assembly or the United States Congress where the
Secretary determines that:
(i) The agency to whom the information is disclosed will
maintain the confidentiality of the disclosure; and
(ii) The disclosure is necessary to protect the public health or to
prevent the spread of an infectious or contagious disease.
(j) To assure compliance with this section, the Secretary, a health officer, or
an agent of the Secretary or health officer may inspect pertinent laboratory records.
[(k) (1) Except as provided in paragraph (2) of this subsection, a director of
a medical laboratory, the Secretary, a health officer, or an agent of the director,
Secretary, or health officer may compile or distribute a reproducible list of any of the
names of patients that are in reports required under this section.
(2) A director of a medical laboratory, the Secretary, a health officer,
or an agent of the director, Secretary, or health officer may not compile or distribute a
reproducible list of any of the names of patients in reports relating to human
immunodeficiency virus infection or CD 4+ count, if less than 200/MM3.]
18-207.
(a) (1) In this section the following words have the meanings indicated.
(2) "HIV/AIDS case report" means an abstract of the medical record of
a patient diagnosed with human immunodeficiency virus or acquired
immunodeficiency syndrome which contains:
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- 1537 -
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