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Martin O'Malley, Governor
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Ch. 213
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[(ii)] (III) 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 that the agency to whom the
information is disclosed will maintain the confidentiality of the disclosure.
(3) THE REPORT 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.
[(c) The director of a medical laboratory in which serum samples are tested
for human immunodeficiency virus may not disclose, directly or indirectly, the
identity of any individual tested for human immunodeficiency virus in any report
submitted to the Department or the health officer for the county where the laboratory
is located.]
18-215.
(a) In addition to any other penalty provided by law, a physician who fails to
submit the report required under § 18-204 of this subtitle, on conviction, is subject to
a fine not exceeding $10.
(b) A person who violates any provision of § 18-202 of this subtitle is guilty
of a misdemeanor and on conviction is subject to a fine not exceeding $50.
(c) In addition to any other penalty provided by law, a physician who fails to
submit the report required under § 18-201 of this subtitle, on conviction, is subject to
a fine not exceeding $100.
(d) A person who violates any provision of § 18-205 of this subtitle is guilty
of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(e) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (F OF THIS
SECTION, A A HEALTH CARE PROVIDER OR ANY OTHER PERSON, INCLUDING AN
OFFICER OR EMPLOYEE OF A GOVERNMENTAL UNIT, WHO KNOWINGLY AND
WILLFULLY DISCLOSES PERSONAL IDENTIFYING HEALTH INFORMATION
ACQUIRED FOR THE PURPOSES OF HIV AND AIDS REPORTING UNDER
§ 18-201.1, § 18-202.1, § 18-205, OR § 18-207 OF THIS SUBTITLE TO ANY
PERSON WHO IS NOT AUTHORIZED TO RECEIVE PERSONAL IDENTIFYING
HEALTH INFORMATION UNDER THIS SUBTITLE OR OTHERWISE IN VIOLATION OF
THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT
TO A FINE NOT EXCEEDING $1,000 FOR THE FIRST OFFENSE AND NOT
EXCEEDING $5,000 FOR EACH SUBSEQUENT CONVICTION FOR A VIOLATION OF
ANY PROVISION OF THIS SUBTITLE.
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- 1539 -
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