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§ 18-337. Notice of positive HIV result

West's Annotated Code of MarylandHealth--General

West's Annotated Code of Maryland
Health--General
Title 18. Disease Prevention (Refs & Annos)
Subtitle 3. Specific Diseases (Refs & Annos)
Part VI. Acquired Immune Deficiency Syndrome (AIDS)
MD Code, Health - General, § 18-337
§ 18-337. Notice of positive HIV result
Health care provider defined
(a) In this section, “health care provider” means a physician, a physician's designee, or a designee of a health care facility licensed or otherwise authorized to provide health care services.
Notification of partners
(b) If an individual informed of the individual's HIV positive status under § 18-336 of this subtitle refuses to notify the individual's sexual and needle-sharing partners, the individual's physician may inform the local health officer and/or the individual's sexual and needle-sharing partners of:
(1) The individual's identity; and
(2) The circumstances giving rise to the notification.
Enforcement
(c) When the local health officer is notified, the health officer shall enforce the provisions of §§ 18-208 through 18-213.1 of this title:
(1) Within a reasonable time; and
(2) To the extent feasible.
Referral to services
(d) Each local health officer shall refer the infected individual and any known sexual or needle-sharing partners of the individual to appropriate services for the care, support, and treatment for HIV infected individuals.
Notification in good faith
(e) A physician acting in good faith to provide notification in accordance with this section may not be held liable in any cause of action related to a breach of patient confidentiality.
Disclosure in good faith
(f) A physician acting in good faith may not be held liable in any cause of action for choosing not to disclose information related to a positive test result for the presence of human immunodeficiency virus to an individual's sexual and needle-sharing partners.
Tests in good faith
(g) A hospital or any other health care provider acting in good faith pursuant to a physician's order to perform or interpret a test for the presence of HIV may not be held liable in any cause of action related to:
(1) A breach of patient confidentiality; or
(2) A physician's decision to disclose or not to disclose information related to a positive test result to a local health officer and/or an individual's sexual and needle-sharing partners.

Credits

Added by Acts 1989, c. 789, § 2, eff. July 1, 1989. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994.
MD Code, Health - General, § 18-337, MD HEALTH GEN § 18-337
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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